The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-08

chants to prohibit and destroy their busasss ought
to be perfectly clear and ineligible to persons Of their
laws Of this sort the Isgsasurs wauid be laying snare
for the people, and construction which conveys such
an impatson ought to 30 adopted judge. there
FORE clauses obscure lean against forfeturss
tute derogstory to private right comforting and
extraordinary powers OF special nature upon partcu
ing new penal remedy or creating new Jurisdiction,
10 cut down abrdge, or restrain the liberty Of the
citizen, contrary to natural Justice and equity,
must be in clear and unsmbiguous language Although
statute like tyrant when he comes, makes all void,
yet thanks to the constitution and the Law,
"the one curos bis tyranny and controls his power
whilst the other Ike nursing father makes void where
the fault is" Such correction Of evils and of opprss
sion is not exercise Of Legislative but OF pure judi
cial power, the act had simply forbidden
been an ndicabie offence to Violate IL act but having
provided mode punishment that and no other can %
resorted to- am Of opinion for the snss
between this time and the An Gay Of July next sas'
made on Sunday are prohibited Dy ano'nsr A'A'u's'
What LIQUOR comes under the ban of the act after the
4th day Of july imported liquor Is saved from it. Any
person. for ausht may keep any where and sell
Il for any rhe restraints OF tle former
to license and tie objects Of its use, are taken away
The oath repeats all acts parts OF acts charters
iion or course nothing left but this to
strains the sale and keeping with intent to SELL liquors Of
domestic manufacture. III true the phraseology Is
SALE shall not apply "lquor, the right to sell which
in this State given by any law or treaty OF the United
the control of the actions Of psrsons they must Of
cessity be taken their ordinary and popular sense
They for the government and obedience OF this peo
pie. II they are so mysical, equivocal or obscure
that they cannot be easily understood-it they re
quire the definition of the Judges before the
be expected that the people should obey thsmY
The law ON such subject oughs to be so plain that
ga wAyfaIing man. though fool need not therein
It has been seen that gentlemen of high legal attain
mens have already Offered as to the meaning OF these
terms and that whilst but little difference exists as to
the meaning of the words themselves, some think the
unexpfessed intent of the lawgiver rather than the
By the laws and BY the intens therein expressed in
apt and proper words and are 70, Die only for VIC
lton Of the clear import Of the words as .e Is the
spirit of such laws There DO law treaty Of tbs
United States which in many words gives the right to
sell liquor This the lswsivers knew What did they
did not intend to interfere with foreign domestic
They knew that the righs to import carre,
ported liquor the Supreme Court had decided did exist
under the laws regulating imports They knew that
No doubt they ntenaed they could nhibs the uss
of foreign hquor as beverage. They have not done
.o-they could net for the want Of power The act
strain such sales. Such liquor. is expressly sx.
cluded from the operation Of the act not sim.
clause but by separate, positive clear AMI unsquivocL
words There neither for construction or inter
pretaton If should be said that ths clause only in
eipai PACKAGES ard claim this by
Of the clause contained in the 22d sections which ds
theimporter Of foreign liquor from keeping or selling
the sans in original PACKAGES to any person autho'
that this only furnishes statutory rule forbddins
particular interpretation, but ioes not add limitation
by the words OF the enacting clause which
is the proboisory section. The rule is that ARA Of
cular thing be given or limited 10 the by any
statute, this shall not be tsf status. II it
subsequent aereuS-that in the case Of Brown w. The
tr2 Of Maryland It was held that the importer could
only sell in original packages-then this law not
restrain the sae in such form TO any persons except
perhaps to the persons authorized by the act to SELL
The State has power to limit the sale Of importer
which he has imported He Is in this business of i'm
portation subject the laws OF who alons
is free The duty he pays is of impost and excise
is upon each and every gallon, and therefore upon
nsidents right 70 sell attaches not only to the ahsts
but to every specific part. II makes no difference
whether part Of cssk Of wine after importation
duced in quantity by sale waste the remainder is
pro actsd from the operation Of State Inv, except
for the purposes Of tax and license to regulate les
retail sale Suppose cask to break, crate to burst
or baie to bs broken IT'S way from the wharf TO tss
stoIehouse Can the importer not sell It, because 'os
preservation 1t has been placed in ano her ves5eR Where
loee the protect Of the acts regulating imports
and become part OF the common property Of tae stats?
NO rRh. to break hs package in ordsr to
the goods With hrs nyoicef For this purpose may he
not tase it to bis storef May ne not keep Is there
any limited mes Is 1t not continuing right 40 long
the importer remains the ownertse duty being pads
The answer see ms 10 me 20 be obvious.
Alter he, has parted with his imported a:ti,ls by
sale and delivery either in whole 10 psrt then and
mass of property in the State, and thereby become
subjected to the local laws Ths cases which have
srs 70. sutsoritiss in conflict With this petition
In those this dstinc question not presented
nor did it arise although the opinions delivered ~ the
idea that tie right to ss original PACKAGES Alons
un.er the right to import think thu question
Nm En- aDnlot tn
with forega nations, and among the several States is
single and an exclusive powe in the national govern
in 5th Howard it held that Ear regarded com
mer,e between t5s States was dormant power, and
the States might operats upon It This question vas
not involved in those Whether the power dor
an OF active Con ssess mas sh ss.Ss ana aoi
rot by Congress- the power cannot Do exercised by
the States Relieve it is not denied that as to forsgn
nations the power ia exclusive. WhyY Surely not be-
the in that regard only has been put into
exercise, but the only tenabe ground, that
the power is exclusively placed in Congress- 1t but
power, made applicable to foreign and domestic
relations The language is clear and explicit ITO
several Sta+es, and with the lnoisn Tribes Can
these copuiative coojunctons be By any grammatical
tive eonuucous Tho Fatasr Of nia Canntrv in report
irg the constitution to Congress- ssdarhe friends Of
our country have long seen and desired that the
of making &C., and regulating commerce, and the
correspondent executive and ud cal Authorities should
be fully and eectuay vested the general govsrnm,ot
OF the Union I" The alienation OF State sovereignty
lists when the constitution in express terms grants
excus authority to the Union-or where 1t prohibits
the States from exercising the like authoryor when II
grants authority to the Union, to which similar
thory In the States would be contradictory and repug
nant Where the powers concurrent they are such
that the exercise OF them would only affect the policy Of
the general government but not It's in such
they would De neither rspusnaut contradictory.
The absepc Of power to regulate commerce. one OF
the defects existing uneei the confederation The inter
ests OF trade ano finance oemanded federal
snce. The want Of It, says General Hamilton, shas al
ready operated as bar to the formation OF beneficial
treaties with foreign Powers and has given occasion OF
satisfaction between the States The interfering and
unneigbbory reguls Of states contrary 10 the
true spir OF the Union have different Instances given
just OF and mt 60 TIERS to
be feared that examples OF this nature IL not restrained
by a national CONTROL would bs multiplied and extend