New-York daily tribune., 1859-01-08

We have lor been in doubt which document,
toe Bb'e or the Federal Cousri utiou, undergOes
The most cruel msltreatmeht. Both have been
shockirgly abused. Doth haze been concerted
into buttresses for the rum-trade. Both have
been sppeaed to as extending their sacred pro'ec-
tion over Slavery. Both are no. quoted with
equal JUNCTION BY the freDds aud hackers Of the
sttenp,td-f, indeed We ought not to say tie
perfected-Ie,ival of the African slave-trsde.
The N. J.. Herald has. however for toe moment
al least turned the balance Of degradation against
the Federal Constitution. That journal propouuds
the doctrine which it informs us tnat the New.
York combination Of lottery gamblers and cheats
intend TO fight through the Courts, that toe clause
Of the Constitution of the United States, which
guarantees the liberty OF the press is fatal to all
State laws which prohibit under penalties, the pub
lication of lottery advertisements.
The starters Of this doctrine have doubtless been
encouIsged by the success of the rumseers In per-
suadng our Court Of Appeals to nuillfy the Law Of
t@O sessions sfO regu ati,g the trade. No doubt
the saline legal cssulstry aud the same trsin Of
reasoning which produced that decision might jast
as well sustain decision nulylpg the laws 10 pro-
bbiton Of lottery gambling. But then The Herald
and the lottery gamblers must recolect that, in
this sort of cases the last thing to be taken into
account 10 the train Of reasoning by which any
given legal opinion is to be supported. Our emi-
DeLt counsel, as every body knows-tbey themselves
bayipg good solid, chnbiDg pocket reasons Of their
own for taking particular view of aby question
have no difficulty whatever n fading an abundance
Of highly polished and dazzling arguments, or
What in the legal world pass for such wherewth
TO give color to that opinion. Nor so far as we
have observed, do our lawyers, or their elevation,
if il csn be called an elevation, TO the
Bench, lose aDy Of this convenient faculty.
Before resting too much on the analogy Of these
cases in point Of law, the parties in interest must
take into consideration thetr diversity ss TO some
important matters in fact. The rum-trsde is pow
erful interest in the State, especially 10 this city
1t is q common observation that Nes-York is gov
erned by its grog-shops. Tne lottery gamblers have
not yet attained to go Influential position. They
are far less numerous, and very few persons Of any
rtspectabilty or even Of preen,ons to respect.bl-
ity, are connected with item; moreoyer-shIch
to such parties is consideration OF no little conse
quence-the law on which they rely has already
been repeatedly ruled against them. Where
very great interests are involved, this is m,tter
Of much moment. The Dred Scott decision, made
at the demand Of the Shareholders, rides it rough
sbod and without the least compuncticn, over
hundIeds of former decisions. TIE lotterT gam
bers cannot expect any such rampant and reckless
boldpess on tn -ir behalf. With respect TO tie
clause in the Federal Constitution protective Of
tbe press-but which, by toe way, would seem 10
refer only TO the legislation OF Congress and no. to
that of the States though similar provisions are
also 10 be found in most Of the State Constitutions
it has been repeatedly held th,t this cl.use olly
goes the length of preventing censorship or any
other restraint precedent 10 publication. man
bas the right to publish what he pleases. He
shall Lot be restrained from that. But publishing,
be must take the consequences. II the law pro-
nOunces his publication an ofense sgainst the
public peace or morals be j. li,ble to be punished
for II at ofense. II is ike the Scotch Law a. ex-
pounded in Rob Roy, which did not allow impris-
oums ut for debt--no such thing; but If debtor.
being commanded by the king to pay his debt, DE-
elected 10 do 20, put him in Jail for disobeyIng the
king.
We doubt, therefore, ou circumstances con.
sdered, whether the lottery gamblers or The
Herald viii take much BY this motion