The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-03

The Judge then said
The oath, gentlemen which Grand Jurors you are
reqaircd 10 take, for all ordinary purposes sufficiently
defines your powers and duties. Il Is well calculated
also to impress upon your minds The high responsibilities
resting upon the Office temporary though II be, with
which you have been entrusted. The Legislature, how
ever, by specific enactments, has made II incumbent
the Bench in rome matters to be more particular in nd
dressing You
Among other statutes of that character IL the one
recently passed for the prevention Of inempeanee and
by the twenty third section II Ia declared 10 be " the
duty Of the presiding Judge of every Court Of Oyer and
Termner specially to charge every Grand Jury TO inquire
into al violations OF or offences under this act"
need not inform you gentlemen. In this city at least
and hourly violated that the consumption Of
liquors instead Of being diminished, has to all appear
anee largely increased. The causes which have pro
duccd this state Of things proper subjects for considc.
ration Are they TO be found in the defective framing of
the law or in the defective administration ~ ia proyi
sons, or "a much more serious question in the defective
powers Of the Legisiaturef
That the act was intended by It's authors-unless
suppose them geabe with the most absurd folyto
apply well To foreign 10 domestic liquors there
not be doubt OF what avail would be the damming up
OF the comparatively harmless stream mot exactly
rvulet init Of home made cider and lager bier, while
the fiery torrent Of Fteneh brandy, Holland gin and ia
maca rum 30 say nothing OF sone Of tho )re ardent
wines Of Spain and Portugal left TO its way
unobs,rucied, and with augmented voumef
Assuming, however, the meaning OF the legislature TO
be sufficiently clear and To be expressed with sufficient
legal precision much graver question, already sug
gested arises out Of their power rather their want Of
The constitution the United States, gentlemen as
you well and the treaties and OF Congress
made passed in pursuance OF IT, are, within their
sphere the supreme law of the land. And prevent all
possible evasion of this fundament. principle of the
in every State shall (under OATH be bound thereby any
thing in the constitution or laws Of any state TO the
trsry Notwithstanding
Among the acts which Congress, by the terms Of the
constitution Is authorized 20 pass, and which Congress
actually has passed and which, therefore, the
supreme law IL an ling duties specifically by name
brandieN
duties in the language Of the constuton have been
laid and TO be collected in order ito pay the debta
and provide for the defence and general welfare
Of the United States
Can State Legislature then--lf may, any number
maywhout the consent of Congress- ray in effect that
whole branch Of the revenue Of the fec eral govern
men expressly provided by Congress %, It's support,
the power conferred o It, Ind fit 80 the whole
support ~ the federal government It's from
wines and btandes would in such be competent
any number of the separate State legislatures
that within their respective Jurisdictions, wines
SUMPTION u Is obvious there can be no sae-and II no
sale no inducement 10 importand no importation
revenue from mpors--and without revenue, govern
ment State or federal, could cxist.
distinction am aware, has been drawn between
broken and original paokagesa distinction, II
TO me, In view 81 the principles involved, more anciful
than real Tho great objecs of the statute In question
and Of all like statutes IL total abstinence not vount
ssiuiary objecitioagh even on that point we ali know
there II great diversity Of opinion atii the question s
can tina, object under our system be at
tanned without the concurrence OF the federal govern
mcntf
The Supreme Court at Washington have already do
cided that act Of the Legislature Of Maryland rcqur
ing importers to take out and for state license 10
sell dutabIe goods In oIginal packages was void. But
they have not decided whatever may have been the
casual expressions Of single judge that the act would
have been valid had II required cense Mt however high
PREMIUM even ito TO ,ne % extent q prohibition Tor he
tore the court for their decision The distinction then
as to o,isins passage. msy be permitted 70 repeat !.
wholly ianoffuli and la no degree real.
state government being inhibited from intcraring
directly with the revenues Of the federal government do
rived rom foreign imports eann II would ncoD do
indirectly The consequences are 'he .ame-aud they
alone important In these discuHsionsfrorn cl'hsr
species of legislation. Thes. consequences the de-
suc'ion, or ess fatal, of the means which the
general government relies (and ANfuiy reies) for s
very exstenceeans which IL the leading ohiec, u
the constitution, AS distinguished from the old
cles 81 confederation 10 place beyond the reach q State
control.
No state II j. admitted, and such 1 the express ian.
guage Of the constitution without the consent II
Congress- lay any duties on mports-but Of what
value would be this prohibition & tho State gisa,ure
without the consent of Congress- Instead of laying duties
Imports and interfering In that manner with the
federal revenues permitted cay that the PACKAGE
when imported shall not be broken and sod for
sumption, thus laying On imports restriction FAR more
onerous than any 'duiies" less than ptUhibitoiy
On proper application from any Individual state--ln
the absence ol sufficient prepoBaerancs of public opt
Dion to carry general probibtion-congresa would
doubt eheeTfuy give is consent ~ the enactment ~
state Law laying special duties the particular imports
In question Tor tho nominal use Of the treasury II the
United states but rates high sgectnaiy ST.
rnlnish, and If erpeden 70 destroy their importation
into such state.
Il was not my purpose gcn,leinen "a addrcsa yoa .,
large the questions arising out of the act 20 rhch
have called your attention. to express any very decided
opinion Ia regard 10 IT, Those question: ~ part a. least
although passed upon by ono branch a thn 1uprems
Court of the ststa are now pendlng r review In tho
Court ~ Appsas. A. they entitled ~ preference
In the order u hAarng over ali other cassa .hs pro-
baby have ihe view q that tribunal % enghi"n
our path. =, 49,. -. 40. ,.a..... !,
against the alleged ngts claimed uDaer Tho federal con-
siuten Will be subject BY law 70 farther appeal ~ the
supreme cogrt at Washington whose decisou n that
Msanwhs the siatofe viii y ad tsiere yoo iorsueh
action uron you may Gesf sxpedisntit heing ado
my duty By Tie legislature already stated, specially
a. charge yoa, aecotdugy 10, u Inquire inio
r. ssS my daay .pscany 10 charge you ,o iaggne
into a violations ~ The lottery law the election Law
tho usay law and law against erae Ing rrohis"a l' ~
rerrcrs * pahlse oee 90 tho stter chasActrrbgi 81
FAR gler degree ~ enorndty y the oAencn y sfscpg
monsYsc other brises o. ths difehafgei or ouls
~ tia. description have been cpDAitteive al kDew
the pvbne ear fr several yeafs has been stsd wiih
eoH@t of their srstsnssor shons ibtre ~
ssDfisni grounds a. 70 any public - ~, hghahve
ar lasFihl ~ judicial 20 warrant last sasgeou a
80 IT, existence, i sl b. yoaE province :, nysstgst~
~ isaressy ard hnpar,lAgy - prs.4ni-not - IA
~ne' lines done IN vague general terms q eesasnte
'eonouEcng rs innocent win ~ glty AMI shsstiny
tie Atsr ar5sf she nfe u She former hpt yontns
dstnciy shsther theY b. hsh Or ~, . ,ha seeaaed
Auo,ts, srne shsss ruagnl.nde 4 measured W rall
sftsn, III li community bsgzAging The uitOs, Nr
rhsn Ard ihs agc1 AMI edlpng ne FesopFess q she
shrcrt j. he hauduh NJ tssps a sists cfrtiaesea 4
| iht oryN aisd cfinyanss.
lbsse issustftie efeufnssNnfss attending ihcn wsfe
srt 40 generally rnm1fazsssFs tsl1bsH ~ ta 80
* tie Law snd guulfhatie - sn,h ~ ue@ftas 700 ~
! knzsr Or shorter term IN The -tAse prsn1. hi~tbff
flsy ~ rfgtfy Fsindinn ~ ernhtgsasfs'ni "f -
ptaM sstm aA thsfe oi.nesf combined thetc 49, 49,
nov H. srsfsues fknd have ben ics yssfi ~hih -
fofcsd. Sirpiy sucien' - the.' 49, ''al ~.
| L gtsAt uisthka, sud grkteiieus tmgfse .tfpnt
| of ffs scion ~ III issislsfers q snpHssf a. -
| g.sersuy fane thkt III ths eye " n @H ty wtfe
ss..,e tYe.sfea n tfnsi II l. fo4r dgiy il1rsfare,
O.,,ie,r.p f..r,essy 10 isVelfe luta thts slas ~ a
tr, ana - bring hs perpsgeisrs w. is. ami orish.
,e,, ~. ,tor N nsd fgofgsa punishrssn' a sfDsii
49, Aroif tsaal onsFs, vhgs gy@at tobfsrs
go ,x4,ssgs lfh mach facility snd With their gain.
nnsi.gr1sa sse2,s NJ hsDt n jsssi,. rsa.st as<f.
al - ~ aAaisisffAnar. 1gl have b. rghs, gentle
uen an ihint y9s Afe euod ~ gonr o'c- " inqgirs
| 80. sNis bas hafy%aet anil whether NHy anikwfu
| ,r.sns snd atIiiances ard " ~ whai sEd W .h0an
hass feaerid v ~ ercss ~ bring slt sufh fesu e.
Tis bssigsks ~ tts Oyer and TeFnnar, a.. eiiY
has ufpay hsu confined 20 ne fal ~ espi,a og~pss