New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-05-19

il y to prevail the evil which tie Legislature designed
TO repress 20 lie greatly aggravated until the for
of July and according TO tie other OF which the act
IL rendered wore than nngstory during IL coaiinu-
ance with respect 10 imported liquors. These later
pfciaions have been publicly and cOnclusiyely re-
fufed By CHEF Justice Savage and Mr. r.. = Caproh'
end Vorigps By Others whose opinions have not seeli
and vet ] observe they are still persisted in IL may
be conceded that tie question whether intoxicating
liquors may now be soil by any one with IMMUNITY Is
really involved in some degree Of Obscurty-oy no
dense however 10 minds Of ordinary perspica-
city and free from prejudice; because the elements Oh
tic question are somewhat complex and perhaps there"
fore ell things considered, ought 70 cTesie no great
sun ne that some persons have expressed erroneous
opinions upon it. But that any one, whether lawyer
or Lawn an should have deliberately arrived al the
conclusion presumed 70 argue before the pho-
lie TINT The saving clause at the close OF the tTst sec
ton Of tie act legalizes The sale without sircton o.
oil mI DRIED liquors, Il TO me, confess, amazing sh
if such m opinion be sincerely entertained by any I'M
partial lawyer, / only regard II ne one Of tnose
strange aud uneccOuniable halucinauons occ0sonahy
exfiblied even hv persOns Otherwise apparently OF
sane minds " win'h plainly seen by al me resi-
Of Inc vord to DO at lance with tho clcarest dc
tates of cauinon scuse For any other purpose than
tiose Of pncluding mgnlprehenslon and evincing q
spirit If sincerity md fa dealing this exception WA
wholly ann6ocsldr, bcceusc the acts of Congress
re- ulatg tbo npoJtai"a Of liquors, and thus by i'm
,lica,iop occurring the right to import them in common
with other articles Of merchandise being paraInont to
State lava would have protected imported liquors
from tie operation OF tie act 10 tile extent OF the right
thus secured.
Tie supreme Court Of the United States in solemn
Is affirming this right had also defined It's limits, hold
ie il TO embrace not only the act OF importauo., but
ms Incidental thereto the possession in the original
casks or bottles unpucked by the importer or his con-
seroe aid the sale of them by him in the same con-
diiion AT this point the night was held to terminate
II property being here Invested of It's original charac
iCr ns an article OF foreign commerce. and having be-
conc subject thenceforih only of domestic consump-
ton or IN; fhc. All this is 10 be presumed TO have
Icen es il undoubtedly in fact was, known to the
legislature and for the reasons ! have mentioned
Tic execution was very properly made. In what par
culnr TENS il expediont TO express II WIS
question touching which diverse opinions might well
lie entertained Possibly it might have been adyisa-
bic 10 attempt TO give more exnct definition OF the
Character of tie liquors designed to be excepted, and
for t.is puu ose TO borrow the language OF the Su-
rene Couit; but the Legislature chose and | think
wisey, to employ general terms, which could impor
nCtl ing less than the cxigenccs of the case
required leaving il TO the Judiciary, should it become
Necessary in particular cases, to apply the exception
according TO IFS obvious intent or whch would have
been the same thing in effect TO enforce the para-
mount law ar il stood independently of the exception.
1t would doubtless have been more suitable to use tho
word secur,d instead Of the word given, but no one
imagine will have the folly or the harllhood TO pre-
tend that the true Interpretation of the exception
would thereby have been varied. The intention of
the Legislature is obvious and unqucsiionable and
ton requires admits of any construction at variance
with II.
ALFRED CONKLlNG.
To Messrs DELAvAN WILDE WILLIAMS aud others Of the
Executive Committee OF the NewfoTk SUITE Temperance