The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-01
LOTTERY CIRCULARS.

ARGUMENT BEFORE THE UNITED STATES sU-
PREME COURT IN CASE OF DEALERS IN
DIcrEp FOR SENDING CIRCULARS THROUGH
THE MAIL.
WASHINGTON April 80, 1878.
In the Supreme Court to-day George Dtttenhoefer
and L. r. Post q New YORK. delieverod arguments in
No. g. original ex parte, In behalf OF A. o. Jackson,
the petitioner who indicted, for sending through
the mails lottery Circulars in the Circuit Court for
the Southern District OF Now York. This is petition
for habeas corpus and cerorar to bring up tho case
for review. tho whole defence being rested upon the
plea that the act OF Congress under which tho IN
dctmcnt was drawn prohibiting the putting OF sucn
matter in the mails. is unconstitutional The argu-
mcnt is that the constitution coniers Congress
power only to establish post Offices and post roads
and carry the nails but nowhere grants the.power
disip gulsh between tho different classes OF matter
forwarded by tho people, that while Congress has tho
exclusive right to provide for carrying the mails II
bound and cannot avoid carrying all the letters de.
posted for that purpose, whether the subject matter
be business love- politics, art literature or religion,
without regard to the views expressed. Congress
has no alternative but carry any lcter put in tho
mails. provided tho postage DO paid and other proper
and appropriate regulations DO complied with. II is
admitted the power exists 10 prevent trcasonablo
correspondence But is insisted that this power is
Inherent In all governments, and in ours rs not
power derived from the postal grant Ia the coustu
ton ana hence is involved in Tho consideration Of
this case Congress, It Is sud, would have this power
or It's exercise would be open to criIicsm II the
pie had conferred upon that body authority 10 reg
ulatc public morals but that power has never boon
conferred, and It caunot, therefore, be exercised OK
cspt where the general government has territorial
jurisdiction.
MATTER FOR THE STATES.
This subject OF lotteries aud that Of morals nrc Tor
the States II they tolerate them there Is power
10 suppress them nor Abe oil state declaring
lioNn M in
enforcing The state laws the subject Tho States
may permit the business OF lottery dealing, apd II
they the business IS legitimate and Congress can
no exclude correspondents in relation TO 1t than
1t can that relating to any other business The argu
mcnt based principally upon the proposition that
the grant in tho constitution does not confer SOW
ereign power the enirc postal subject rs Is she
with the patent copyright bankruptcy ana other
grants but IS limited TO the power TO devise ways aud
means for corryDg maif matter That this power was
intended 10 secure u privilege TO tho people, and
when Congress exercises the grant It must permit the
enjoyment OF the privegc, which Is that the people
shall have carried In the mail everything that
derstood TO be mail matter at tho adoption Of the con-
stuon that 49, all Intelligence contained in letters
and packets.
They reiorrcd TO the memorable debate OF 1886, In
which Clay, Webster und other eminent statesmen Of
that day took part, when u was sought to prohibit
the transportation OF anti-slavery documents Clay
taxing the ground that such power existed under
the constitution
Tho Attorney General briefly replied to the argu-
ments OF counsel for the petitioner.