The national Republican., 1867-04-23
THE COURTS.

y Il MospAr, April "a 1897.
On molten Of Mr.. Gushing. NsIssn orO,'. E'q',
counsellor II this court = fJ
On motion Of Mr. Johnson. Hon John L.
Thomas, Jr,, Of Maryland, was admitted an,at.
torney and countsllor Of this court. 80
No. 1bs William Watson, Walter Magee, Of
al. appellants, W. George A. Sutherland. Appeal
from the circuit court Of the United States for
the district Of Maryland. Mr.. Justice Davis de.
llvsred the opinion Of the court, Affirming tho
decree Of the said circuit court In this cause with
costs. z t4SE Z.
No. l7s. The steamboat Ad Hires plaintiff in
error vs. Matthew r. Trevor. In error to the
supreme court Of the Stats Of Iowa. Mr.. justice
Miller delivered the opinion of tho court, revers-
ing the judgment Of the said supreme court In
this cause with costs, and remanding the cause
to the said supreme court with directions that
the cause be dismissed for the want Of jurisdic.
tion. .Fs
No. 3l2. Hannibal Green plaipiiif in error vs.
Morris s. Van Buskirk Of al, and hft
No. 3l3. Charles W. Fillinghost and Joseph
M. Warren plaintiff In error vs. Morris 8. Van
Buskirk OF al, Appeal from the supreme court
Of the State Of Nav York. Mr.. Justice Miller
delivered The opinion Of the court, overruling the
motion TO dismiss the appeals in these cases for
the want Of Jurisdiction. .,r.4L5t
No. 1856 James D and John Niohoi, appellants
W. Lyon J. Lazy et al. Appeal from the cir
cult court Of the United States for the middle
district Of Tennessee. Mr.. Justice Swayne do.
livered the opinion Of the court, reversing the
decree Of the said circuit court Ia this cause and
remanding the cause TO tho said circuit court,
with direction to enter decree In conformity
with the opinion Of this court. als sgT
No. 15f. The steamer William Bogley and
cargo, Joshua Bragdou, intendant and claimant
appellants, VS.. the United Bates and captort.
Appeal from the district court OF the United
Statea for the eastern district Of Louisiana. Mr.
n 1ZNa- Al a.
court, affirming the decree Of the said district
court in this cause. ~, sgfJr1r mini
No. I4s. Richard Field OF al, appellants, ".
John ii. and ii. W. Bigeiow. Appeal from the
Circuit Court Of the United States for the North.
em District Of Wisconsin. Mr.. Justice Nelson
delivered the opinion Of the court dismissiug
this appeal for the want Of jurisdiction,
EsNo. l49. james R. Bentley ct al, claimants
Of barque Nswsboy. appellants, VS.. Hugh Coyne,
owner OF schooner white Cloud; and
No. 100. Same vs. same. Appeals from The
Circuit Court Of the United States for the East
en District Of Michigan. Mr.. Justice Clifford
delivered the opinion Of the court, affirming the
decrees Of the said district court in these causes
with costs NJ"
No. 1852. James Francis, plaintiff In error VS..
The United States. In error 10 the Circuit
Court Of tho United States for tho District ef
Missouri. Mr.. Justice Grior delivered the opin.
ion Of the court Affirming the Judgment Of the
y
: No. 14i. The Illinois Central Railroad Com.
lpany, plaintiff In error, W. William Barron. In
error 10 the Circuit Court Of the United States
for the Northern District Of Illinois. Mr.. Jus
: tice Nelson delivered the opinion Of the court,
Affirming the Judgment Of the said circuit court
in this cause, with costs. ..-.r.
No l47. Horace seavsr OF al, appellants, VS.
!. John A. Bigelow ct nl. Appeal from the Cir.
, cult Court of the United States for the northern
/. district Of Illinois. Mr.. Justice Nelson deliy.
cred the opinion Of the court, dismissng this ap
!. peal for the want Of jurisdiction. ..., ,.-r1
). No. l4S: John Myers ct al, appellants, "
William Fem ct al. Appeal from the Circuit
Court Of the United States for the northern dis
triot Of Illinois. Mr.. Justice Nelson delivered
y the opinion Of the court In this cause sfirmine
the decree Of the said Circuit Court In this cause
with costs, as to Henry G. Bowen, Thomas B,
! Reed, AbsalOm Q, Jenksss, Joel Reed, VIM. K
I Hawiey and Richard @. Talbot, and dsmissine
l. the appeal Of James Myers, VIM. Kinslsy, Cbas
Stout, Wellington Clapp, VIM. Kent and samue
N. Beckley, for the want Of Jurisdiction. lfT
:, No. l64. The town Of Mineral Point plaintiff
!, In error, James Lee. In error to the Circuit
!, Court Of the United States for the district b
Wisconsin. Mr. Chief Justice Chase delivered
= the opinion Of the court affirming the judgment
Of the said Circuit Court In this cause With costs
= No. 81. The steamer Grey jacket and cargo,
D Timothy Meaher, claimant appellant, vs.. The
8 United States. The argument Of this cause whi
y resumed and concluded BY Mr., Butler Of counse
Il for the appellants "
Adjourned until tomorrow At II o'clock.
y The MassaehRsstts Liquor Cdses in a nelt
|, pArass- -Does the Iarin9 Of ths Liquor BY III,
I, GorsTnRsnt Authoise the sais Of tie Traffic IN
violation ofths Laies Of that Stats p WiLhGDs C.
PerpsOr, plaintiff IN error Us. the Commonwealth
Of fiassaehHsetis.-Th Is another Massaehusstti
: liquor case, coming here on n new point. The
!. facts are Of no interest. Two questions Of law
nre presented. ..... A. .U s... '1I
First, Whether the payment Of q tax TO the
United States upon the spirituous liquors kept
= aud sold by the plaintiff in error authorised him
to keep and sell them In violation Of the statutsi
b Of the State Of Massachusetts,. TOO.
b Second. Whether the statutes Of Massachuset
y In this respect are unconstitutional, .lI
a The appellant contends that taxation Of the
article authorizes the traffic. Congress, IL Il
said, has power to lay and collect taxes duties
imposts and excises In order to pay the debti
and provide for the common defence and genera
welfare Of the United Statesj but nll duties
imposts and excises shall be uniform throughou,
10 the United States Congress, In the exercise Of
Its power has constantly taxed ip.poyfed artieies
and imported articles SO taxed have been pro
teoted from State Interference by this court, b.
cause they were taxed BY Congress TO raise rove
nue.. Congress In Its internal revenue acts ha,
- now taxed domestic spirits and beer by measure
D for the same purpose npayment Of the imposl
protects imported brandy from the State law
ls the payment of the tax certainly should proteei
ID the plaintiffs domestic liquor aud beer. Chic
r. Justice Marshall Is cited as saying In Brown W.
~ Maryland, az Wheat that "by the payment oi
the duty to the United States the importer pHr
ehases the right TO soil his merchandise State
n law to the contrary notwithstanding The Oh
= lection that the State goyernmsnts would be do
n stroyed by this theory cannot be maintained
J The utmost that could befall them from ii,
Ms fullest enforcement Of this constitutional power
Of Congress would bs, that they must mind thei
i own business .I.....r s4ulIa,,n.. ...
Inspection will show that these laws Of ii,
State are sumptuary laws. The authorities shor
IA that they are enacted for q moral end-that d
to say, to enforce temperance and morality By
oI % direct legislative enactment. Such an object Il
not legitimate object Of civil government, ant
enaotments to such an end are not within III
constitutional power, The end Of government Il
the protection Of the person and property Of men
and not to enforce morality or to teach religion
or to carry on farming, or tho lumber trade, Of
TO monopoliIe the trafio In liquor. Laws passsG
by Government which It has no right to pass
are not laws, and punishments Indicted In pur
suanee Of all such laws arc illegally inflicted
II Governments have power, say counsel, Il
choose our drinks for US, Why not our food
Why not select our wives for us, as they did II
Sparta The State Of Massachusetts monopo
p, Lies the liquor traffic md the liquor. Why MOI
). on the same principle monopollEe the female ser
4 IL A.. L.AA =