Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1855-10-11

Judge Roosevelt, at the opening Of tho
Court, at II o'clock-a very full and most
intelligent panel of Grand Jurors punctu-
ally presenting emselves-delivered his
charge to the lnquest,-Charles A. Davis,
ESQ.,, being the Foreman.
Judge Roosevelt remarked-The oath
you have taken fer all ordinary purposes
sufficiently defines your powers and duties.
1t is also well calculated to Impress upon
your minds, the high responsibility i'm
portant though it be-conferred upon you.
The Legislature, however, has made it in
cumbent upon the Bench to specially
charge you as to ether matters.
! by the 2sd section of the act for the
suppression of Pauperism, Intemperan ce
and Crime, it is made the duty of every
Judge in charging the Grand Jury to
charge them as to the provisions of that
law. need not inform you that this law
is daily and hourly violated. The causes
which have produced this state of things
are proper subjects for consideration. Are
they to be found IN tho detective provisions
OF the law,-in the defective administration
OF its provisions, or in the detective powers
of the Legislature to make such a law ?
OF what avail would be the damming up Of
the comparatively harmless rivulets Of
cider and lager beer, were the fiery torrents
OF brandy and gin allowed to pursue their
augmented way? Assuming the legislat-
i've power to be as the trainers of the law,
to b, sufficiently clear and expressed with
legal precision much graver question has
arisen.
The Constitution of tho United States
| land il is to that shall confne myself,)
and the treatise and acts of Congress are
within their sphere, the supreme Law of the
land. And to prevent all possible cva.ions
(bears in mind ths) Of this fundamental
principle of the Union, it is expressly de-
clared that every Judge, under his oath,
shall be bound thcreby-Stats laws TO the
I contrary, Notwithstanding. Among the
acts which Congress by terms (and not by
nfsrcnce) of Constitution is authorized to
pass and have passed and are therefore the
s.preme law, Estate law. to the contrary,)
is a law lying duties specifically, by name
on foreign liquors, and these duties are 10
laid and are to be collected as to pay tho
debts and enure to the benefit of the coun-
try. .o.l \
Can a State Legislature without consent
Of Congress, say that one branch of reve-
nue. shall be cut of, or, suppose Congress
has seen fit to rest the whole support of its
revenues on wines and brandes, would il
In such case have been competent for
each State to say "no wines or brandes
should be G nsumed?" If no consumption
no sale-V no sale, there would be no in
ducemen. and no revenue-and without
revenue no govern nent
The distinction has been drawn, am
aware, between broken and original pack
ages-more fanciful than real it seems to
me The object of all statutes is total alb
stinence. 1t may bo wise to look at the
question. Can the objec, be considered at
tanned without the concurrence of the
Federal Government.
The Supreme Court at Washington have
already decided that 4 law Of Maryland
taxing an importer Of liquors is void. But
| they have NOT decided that the act would
have. been valid if the packages had been
Observation-Disclosures muy,have been the cas-
ual expressions on that point of single
Judge,-a State being prohibited from in
hibiting revenue, the sale is secured from
State legislation. Consequences would be
the de struction Of the powers Of the Gen.
eral Government. No State, il is admitted
can Congress not agreeing) lay any duty
on imports. But what tho value of this
prohibition, il State laws, say packages
shall not be broken up? On proper ap-
p!ication from any individual State, Con-
gress might give its consent to any State
law passing law taxing or prohibiting re-
venue privileges.
1t was not my purpose to address you
at length on this act, but these questions,
though passed upon by one branch Of the
Supreme Court, are now pending in the
Court Of Appeals, and we shall soon have
a judgment OF that Court on these consti-
tutional questions. Their decisions will
be subject. on this head, to an appeal (6nal
10 its nature ). to the Supreme Court at
Washington. The District Attorney can
lay the statute before you, and you may
take any action you please, but the legis-
laiure made it my duty to say something
"to charge you, etc" rspeuting the words
\ of tbestatu uta-TN V Herald