Herald of the times, and Rhode Islander. [volume] (Newport, R.I.) 1846-1849, 1846-07-30
temperance.
TC0ariuded |

temperance.
[C0aciuded
Much has been said and written, in regard to
the cOn,illu,lonalliy OF those State laws, which
impose restrictions upon articles of trade, adj
mi'lrd to entry by the government, and upon
S.aleS have no right to make such laws, as
conflict with the constitution OF the United
states: II hat these laws 10 50 conflict with
tha. instrument, wherein it is declared that
Congress shall regulate Commerce. and, as
il tn pe waS no appeal from such authority, We
are n! rned, that the Hon. Daniel Webster,
and some OF our most profound julNls, have en-
pressed lhis opinion. We do not think it
probable, that either Of the Justices Of the Su.
preInc Coun Of the United States, would 50 far
forget themselves, aS to express an opinion in a
ease already before them, and which they are
50 shortly to decide; nor do We believe that
Mr.. Webster has. ! hat lac is engaged to de-
tend one or more Of these suits, carried up TO
the Supreme Court. by appeal from State de-
ciSionS, we know; and, we doubt not, he wall
use all his ingenuity, To get such decision, as
his clients desire MIR. Webster is a lawyr, and
altogether too Shrewd to make his opinions
very cheap True, he may hlmSclfhave heard
these reports; and moi wiling 10 let his real
oplnlon be known, or, what is more probable,
MOI having fully made up his mind, he does not
notice them, and thus permit these men Ia de
ceve themselves. II does not follow, as n mat
ter of course, that, because an eminent lawyer
engages IN n suit Of this kind, that his opinions
coincide with the party by which he is engaged
They are seldom deceircd in the decision of the
Court but, they never fail, when well paid for
heir service, " To make the wrong, appear the
better side" But suppose Mr. Webster really
does subscribe to ihiS opinion, that all goods,
legally entered cannot be restrained in their sale
by the laws of the States; and also, that one or
more of the Judges Of the Supreme Court coin
eide with tins opinion, will this alter facts B.
win il alter bad case and make ii a good one =?
If So, il is important, and our opponents may
profit by it but, if we show, that the duties be-
ing paid upon any imported article, does not and
cannot rest "a right IN Hc 0rner 10 sell 1t as h.
pieases, will not MIR. Webster, and the Hon.
Judges, if they are as pure as we believe them,
give up their opinions, however unwilling to
do So, and decide according 10 law Others
may question their honor, and their purity, but
empcrancc men are not more confident of their
success whenever This decision shall be known,
han they are satisfied with The wisdom and
purify ut those. whose duty it is to hear and
'et'le their controversy.
II The payment uFdulicS invests the owner of
FOODS with the r,ghl To sell them as he plcaSeS.
IA defiance Of state regulations, what will be-
"ome Of our Quarantine laws where is the
safety 90! the peUl lc from cuntagion, whenever
II may be the interest of a merchant TO import
goods, the most dangerous 10 their health =
We know, aud our opponents also know, that
any article imported, and upon which duties
are paid, either known, or saspectod Of being
dangerous 10 the life, or The health of the peO-
pie ever has been rcstricied, and not upfirqucnRy
dcsfr0ucd. Suppose a ship arrives a, our port
IA n ni bp Iu
lies are paid, and it i, ia part consumed al the
different manufacturing establishments in our
own, "a making cloth, when an infection be-
gin, 10 spread, which is traced directly to this
importation I've enquire, would II be constita.
'ionH 10 prevent It's further sale? We think il
would, and those 50 unfortunate as To witness the
distress of The sufferers, whether directly, bv
the influence Of the disease, or indirectly BY The
effects, produced by the death Of friends or the
misery entailcd upon dependents, would feel,
that II was Just as much The duty Of the proper
authority 10 interfere, and save them from The /.
peStiIencc, aS the far more unfortunate Parent,
wife and friend now does, who tor years have
been compelled to witness this worse than pcsti.
leucc, raging in their families and neghbor-
hoods, 10 the destruction of every social enjoy.
mcnt, and, are calling upon Us TO inerpo>e and
save Them from their misery and degradation,
hv restricting The sale of intoxicating drinks
granted and the other be denied' forbid il
IuSlice-torbid 1t humanity.
Gpnpov der is an article, subject 10 duty
which. beng unsafe, is restricted IN lis sale
and the owner compelled to store il in certain
places, much to his injury and Inconvenience
Is this restriction unconstitutional We hear
or no complaint from this, and why simply
because there is very little money TO be made
IN II; but, let the sale of gunpowder be aS prof.
Al Ia, - In ,.I int
drinks, and We should find some, not only sim
PIE enough to SpeRd their money to ascertain
The fact, bat also wicked enough, to manulac-
iurc an opinion, such as they desire, for MIR.
W Ch>tcr, and every other great man, whom
ihey think would beneh, their traffic, il their
opinions were TO be IN their favor.
Many other articles might hc enumerated
which, icing dangerous, are by State rcgula.
lions restricted in their sale but time will not
permit us to dwell longer on thus point, and We
call your attention for a moment 10 other re.
>lrctlonS ON commerce., differing in a measure
from those named, and bearing more oppreS-
Nlvcly upon owners. For instance, n ship ar.
riveS nj our por, from Cuba, where The yellow
lever occasionally or periodically prevails -
she brings n clean bill Of health. aud is lading
Wl'h such cargo, a iS not likely to lmpart
disease "a part OF 1t, being frrit il on deck.
easily removed, and fast perlShng; and withal
'' """,' ,'" at "iSH P'''tN' ""i IL Tue uint
IA, arrived when her port at lading is a>nlHy
unhealthy Notwithstanding h'r bill of health,
>he IS ordered To an anchorage, NJ n certain
Instance from the shore, and all communication,
Tor number OF days, between the ship and the
Nhore IS forbidden, under very severe penalties.
" proves al length that she has nothing conla.
gl"nN on boafdi Nlt, ~ consequence Of her de-
teniion, not only has that Tau OF her cargo, per.
l>haS'e IA us nature. been destroyed by this de.
lenioh, hut The whole importation has become so
reduced ~ value that, instead of n profitable
voyage, as u was on arrival. II proves ruinouS
10 the concern. Here Is a hard case, and Ger.
lalniy thiN concern may with much justice com.
PLAIN, II any may complain of these proper and