The New York herald., 1869-01-11


An important State decision In reference to
commercial travellers or drummers has just
been rendered by Chief Justice Scott, Of Bal
timore, in the case Of Harry Drescher,
drummer from Newark, N. J. Drescher was
arrested and committed to jail on the 18th Of
December last as nonresident, guilty Of
violating State law in selling or exposing
goods for sale in the State without the special
license required of non-residents On q
habeas corpus he brought his case before the
court, asking to be discharged on the plea that
he is not liable under the constitution of the
United States Getting several clauses) to the
State tax in question. Judge Scott decided
that the State law was not in violation Of the
national constitution, and the petitioner was
accordingly remsnded to jail.
Now here is matter of very great interest
to the merchants of this city and State and of
every State in the Union. The constitution Of
the United States the supreme law Of the
land) declares among numerous other powers
specified (article one, section eighty that Con-
gress shall have the power ito regulate COM
merce with foreign nations and among the
several States and with the Indian tribes, /"
and (section ten same article) that ssno State
shall, without the consent Of Congress, lay
any imposts or duties on imports or exports,
except what may be absolutely necessary for
executing its inspection laws" the net pro-
duce to go into the United States Treasury.
The second section of article four declares
that s'the citizens of each shall be entitled to
all privileges and immunities Of citizens in
the several States" These points were
the defence Of Drescher; but Judge Scott de-
cides they are not sufficient, and that the con-
stitution does not give any control to Congress
over the domestic trade Of the States. This
decision Gin view of the plain provisions of the
constitution quoted) we think an outcropping
Of the old State sovereignty doctrines Of South
Carolina which were swept away by the
deluge.
The time has come in various matters for
the interposition of the power of Congress to
regulate commerce among the several States, y
and to enforce the equal rights of the citizens
of any State in every other State. We want
the authority of Congress enforced in some
uniform laws touching the railroad regulations
OF the States, taxes upon passengers, &c. and
in connection with our post Offices and post
roads we want the power Of Congress applied
to the telegraph. In reference to nonresident
dealers in merchandise there are. we believe,
different laws and different degrees of local
licenses exacted in every State. five are not
mistaken in many States the commercial
traveller or drummer selling goods by samples
is called upon for new license in every city
or county. A uniform law of Congress upon
this subject, dealing justly with the States, but
enforcing the equal rights of the citizen of New
York, for instance, in all the States, is-very
much needed to simplify and facilitate 'com-
merce among the several States" We call the
attention Of all the members from this State in
Congress, who are not assisting at Albany in
the election Of Senator, to- the necessity ol
some legislation on these important matters.