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Samuel Thurlow, Plaintiff in Error, v. The Commonwealth of Massachusetts Joel Fletcher, Plaintiff in Error, v. the State of Rhode Island and Providence Plantations Andrew Peirce, Jr. and Thomas W. Peirce, Plaintiffs in Error, U.S. 504 (1847)

handle is hein.slavery/ussccases0310 and id is 1 raw text is: 504 SUPREME COURT. License Cases.-T-hurlow v. Massachusetts. Mr. Justice GRIER concurred with Mr. Justice Woodbury in the opinion delivered by him, so far as itrelated to the question of the jurisdiction of courts of admiralty, and also that the weight of evidence in this case was against the existence of a tide at the place of collision, but concurred with the majority of the court that the De Soto was in fault, and justly holden for the whole loss occa- sioned by the collision. SADIUEL THUiL0W, PLAINTIFF IN ERROR, v. THE COMMONWEALTH OF MASSACHUSETTS. JOEL FLETCHER, PLAINTIFF IN ERROR, V. THE STATE OF REODE ISLAND AND PROVIDENCE PLANT .TIONS. ANDREw PEIRCE, JR., AND THOMAS W. PEIRCE, PLAINTIFFS IN ERROR, V. THE STATE OF NEW HAMPSHIRE. Laws of Massachusetts, providing that no person shall presume to be a retailer or seller of wine, brandyi rum, or other spirituous liquors, in a less quantity than twenty-eight gallons, and that delivered and carried away all at one time, unless he is first licensed as a retailer of wine and spirits, and that nothing in the law should be so construed as to require the county commissioners to grant any licenses, when in their opinion the public good does not require them to be granted, - Of Rhode Island, forbidding the sale of rum, gin, brandy, &c., in a less quantity than ten gallons, although in this case the brandy which was sold was duly im- .orted from France into the United States, and purchased by the party indicted from the original importer,- Of New Hlampshire, imposing similar restrictions to the foregoing upon licenses, although in this case the article sold was a barrel of American gin, purchased in Bostoti and carried coastwise to the landing at Piscataqna Bridge and there sold in the same barrel,- All adjudged to be not inconsistent with any of the provisiow of the constitution of the United States or acts of Congress under it. TiHUtsE caseswere all brought up from the respective State courts by writs of error issued under the twenty-fifthsection of the Judiciary Act, and were commonly known by the name of the License Cases. Involving the same question, they were argued together, but by different counsel. When the decision of the court was pronounced, it was not'accompanied by any opinion of the court, as such. But six of the justices gave separate opinions, each for himself. Four of them treated ihe cases collectively in one opinion, whilst the remaining two expressed opinions in the cases separately. Hence it becomes necessary for the reporter to make a statement in each case, and to postpone the opinions until the completion of all the statements. The arguments of 6ounsel in each case will of course follow immediately after the statement in that case. They are placed in the order in which they are put by the Chief Justice in his opinion, but where the justices have given separate. opinions in each case, the order is observed which they themselves have chosen.

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