The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-04-08
Rittu,lo,ld 4ispatI.t|lh|:. ].
wEDNESOAY..".......Afhih . A ''''
Iror the Dsspateh.l - y j
a.~uu,ent OF w. r. Rurweii a. 10 JOE
.sssn.,ona,s,y Of. stamp Tax on III
~uors and CClatSHctS.

m w. II. Rurwels a. 70 JOE
-ss-n.,ona,s,y or stamp Tax on A'-
uuors and Contracts. /
/, n. El;tor.-The only difficulty wn'ch
.oan,s n Stand In the way with many mem |
No.. NJ the Legislature in SUBSTITUTING ste
sr.xp I,oros E.LL for the report OF uHf
-,nn,,n;,,ee on this subject. Is Jedr on .neH
800 that that clause is not CONSTITUENCIES
Ip.,,;ob REQUIRES the consumer who goes on.
fhr state to purchase his liquor, 10 .SsS,na |
snme within five days after II stiai' lsa NO hc
1,n;rt where it is to lie consumed. o. ei''
guilty Of q MIspEaEAsoR. ,,;r. Iecis,a.
The Legislature has the entsre
five mower which resides III :,otnnt
Mo IN other words, IL 's ~ o'nu a.
ss fhe parliament Of England, eNcept $50
as 'ue a. and underlined power is ffaited
~ CONSTITUTION Of the United States anu
az Cons,itu,ion Of the State. Lou iooh,
shoretorr. TO these two CONSTITUTIONS lot
,;n,;fation on its powers rather than as
source from whence they dow. (oce Crcn-
shaw re. Safe River Company, RAND,
N, aT6.) Has the Legislature, therefore,
not the full power TO do any th'iis ho'
denied by these Instruments III Tue siEspe
of icr;slatjonY Judge Miller, delivering inc
,on;n;on of the Supreme Court III the iaihous
Slaughter House cases from Louislaha tIo
WalIace). describes the ponce powers Va INV
states as powers, from their yer! natule, ~
canable OF exact definition or fthl'a't you
>-T.hief. Justice Marshall, IN GIBBONS os' os
den 20 Wheaton,. declares that lhsltc,lon,
~,orantine. health laws, and all other laws
,,ndcr This police rover, Cow from that vast
mass of legislation which controls every thlhS
vyithip the territory of = State not suIIen-
...lered to the General Government. In Vie"
of those decisions, which show the most coin'
y,letc and underlined powers OF our Generai AS
sembly. the power to declare what ~ d "s,S'
-,leu,conor cannot he questioned or 10 ue-
Glare. MS this third section OF the stamp
,iouor bill does, that any effort on the part
of consumer in this State to 20 OUTSIDE OF
the State and purchase uns!amped liquors
with view Of bringing them III the o'a'e'
there to be consumed, for the purpose VI "u
evasion OF her revenue laws, ana 10 Tue u'1'i
age of the trade of her merchants llcehseu
under Der laws, would clearly coustltute
such a miSdtmc0hoT. Nelthe! .nts ,t'
of The STAMP bill nor any other makes Tue
imnoris,ion CT liquor in The State IN offence,
hut il does make il an offence for lqu"i'
,iter importation, not TO be stamped win
che State stamp within five Gays ai'eI II
reaches the point where il Is 10 oe cois,ineu'
xuh;ch the State holds as an indication ID ne
,,nrty of purpose to evade The revenue laws,
which really constitutes the mlSdemeanor.
Goo commonwealth Is. Alger, CuSh. %,
Dworris on Constitutional and statutory
CONSTRUCTION, page 4IS. VIII II be con-
4eudcd bat going out OF the commonwealth
to purchase liquor is al act perfectly lh
nocept in itself, and in exercise OF cie''r
privilege on the part Of the cit'zen Suaia'i,
feed BY the Constitution OF the Chiteo
States, and not to he controlled by the Lesls, |
lature! The Legislature passed an act 10 I'9z
Drohibitiny any citizen from importing Slaves
mo the Commonwealth, there to remain |
for twelve months, under the penalty upon
the patty of forfeiture of his property ana
she freedom OF the slave, 10 which Is adued |
other pecuniary penalties.
This statute was construed by some OF
the most eminent judges OF that DAY I'D our
Court of Appeals in the case OF Murray
lslaye) Is. Mccarthy. e Num-, p; o95) ID
which Judges Catell, Roaue aud Fleming
copcurrcd in the opinion that this statue
was valid. " hich. in effect, denied to its own
citizens the power to 10 into Maryland, Hen
lucky. North Carolina, Tennessee, OF any
slave State, there to purchase ana brinS INTO
this State species of property recosnIzee
rs such by sll these States. because it violated
II policy of her own, and 1t was these held
that this law in no sense was a violation OF
tion. which declares that the citizen OF each |
State shall be entitled to all the privileges |
and immunitics of the citizens of the several |
States. |
In other words, that that clause of the |
Federal Constitution was not intended to |
limit, abridge. or affect the right Of State |
over the rights and privileges Of its own
citizens. This construction OF the validity
of that act is recognized in same court i'll
Barnett rs. Sam (tillmer. p. 232), Sallust rs.
Reith q Randolph, p. GI.
The Legislature makes any party, resi-
dent Of tie State, underan agreement SoiuS
out the State to tighta duel, in exercise OF this
agreement or intention, ii a mortal wound
is inflicted outside of the State, guilty OF
murder in the first degree.
Do not these clses serve to illustrate the cX-
tent to which the power OF the Legislature
goes in making acts innocent IN themselves,
and although done outside OF her jurisdiction,
amenabe to her criminal laws il toe parties
return into her jurisdiction Why may she
not equally declare the innocent act of "a
purchase on the part of her citizens OF
spirits in another State, brought into it for
the purpose of a violation OF her revenue
laws equally an offence and punisla Ole as
such? .s ...... ...
There are parties who, moreover, contend
that this Whole stamp system of taxation Is
ameuable to the limitation OF the first section
OF article ten of the State Constitution, "ncll
requires all taxation on property TO he fquot
and uniform. This section, however, IS
modified by the fourth section OF the same
article. which gives the General Assembly
mower to levy O. tax on incomes ana on
licenses on he sale OF ardent spirits ana other
emnloymen,s. and on all other business
SWITCH cannot be reached by an al ualorenl
system. This clause Of the Constitution
Intended 10 have left large discretion
IN the Legislature in determining the ques.
lion as 10 what business can be reached by
the ad uaiorena system, within the meaning
az the Constitution. Judge MOncure, in de-
liyering the opinion of the court in Level
len, sergeant, cS. Lockhart (2l Gratttan, page
57S), saws "tbat this discretion is INDEFINITE
In It's nature, and although the Instances
enumerated in the Constitution afford mate
rial aid in ascertaining the meaning of its
trainers in the use Of the general words
which follow this enumeration" such as all
other business which cannot I've reached by
the od pdiorem system "-siill room is lett
for the most enlarged discretion In
the Legislature by this clause. Is 1t not
with that enlarged and indefinite discretion
rs laid down by this eminent judge for the
Legislature to say that both buy ing and sell.
ing distilled spirits, buying or selling, or buy
Ing and consuming, are all equally business
which cannot be reached by the ad rGlorens
system, and therefore not coming within the
and y,rsn at fux,,