Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-03-16

Inc WORD " HcenceN means PERMISSION OF
authority and n licence to do any particular
thing is permission or authority to do that
thing; and il granted by person having
power to grant II, transfers To- the grantee the
right to do whatever it puyporis TO authorize
1t certainly transfers to him all the right
which the grantOr can transfer, to do what is
within the terms of the licence.
| Would the validity or effect Of such an in
strument be questioned 10y the appelee,if exc
cuted By persons claiming regularly under the
laws of New York?
The lcence must he understood 10 be what
II purports 10 be-, legislative authority To the
steam boat Bellona 50 TO be employed in car
ryn8 on the cOasting trade for one year from
IFS date"
II has been denied that these words an,ho-
riae voyage from New Jersey to N. York.
Ii is true that no ports are specified but il is
equally true that the words used are perfectly
inielllgibe, and do confer such authority as
unqutstionabiy as If the ports had been men
TONED. The coasiing trade is term well
understood. The law has defined it and all
know lis meaning perfectly. The act des-
cr'oes, with great minuteness, the various ope-
ratlons OF vessel engaged in il; and it can
not, we think, be- doubted that voyage from
New Jersey 10 New York is one Of those OPP
eratiOns.
Notwithstanding the decided language of
the llcence, il has also been maintained, that
1t 9i!es no right TO trade, and that its sole
purpose is TO confer the a merican character
The answer given to this argument, that
the American character is conferred by the
enroltnenf, and not by the licence, is, we
THINK, founded too clearly in the words of the
law, to require the support of any additional
observations. The enrolment of vessels de
signed al trad
cisoly with the registration of vessels designed
Tor the foreign trade, and requires every cir
cumstance which Can constitute the American
character. The licence can he granted only
TO VESSELS already enrolled, if they be of the
burthen OF twenty tons, and upwards and
requires no circumstance essential to the Anne
rican character. The object Of the licence,
then, cannot be to ascertain the character of
the vessel, but to do what ii Processes to do
that IL, to give permission To a vessel, already
proved by her enrolment to be American, to
carry on the coastng trade.
But, ~ the licence be a permit to carry on
the coastlng trade, the appellee denies that
these boats were engaged in that trade, or
that the decree under consideration has res
trained them from prosecuting it. The boats
OF the appellant were, we are told, employed
IN the transportation of passengers; and this is
no part OF that commerce Which Congress
may regulate.
II, as our whole course oflegisainn on this
subject shows, the power of Congress has
been universally understood in America, To
comprehend navigation, it is very persuasive,
II not conclusive argument to prove that
the construction is correct ; and If il be cor
rect 10 clear distinction is perceived between
the power to regulate vessels employed in
Transporting men for hire, and property for
I'm gtgt,. = g, 4.
and no exception 10 the grant can be- admit
ted, which is not proved by the words or the
nature of the thing. A coasting vessel en-
pIoyed In the transportation Of passengers, is
as much portion of the American marine,
as one employed III the transportation Of
cargo aAd no reason is perceived why such
vessel should be withdrawn from the regulat-
ing power of that government which has
been thought best filled for the purpose gene
rally. The provisions of the law respecting
native seamen, respecting ownership, are as
applicable to vessels carrying men, as to YES
seLs carrying manufactures and no res son is
perceived why the power over the subject
should net be placed in the same hands. The
argument urged at the bar, rests on the fouu-
dalton that the power of Congress does not
extend to navigation, as a branch of com
merce and can only be applied to that sub.
Ject incidentally and occasionally Buff that
foundation be removed, we must show some
PLAIN intellIgible distinction, supported by the
constitution or by reason, for discriminating
between the power of Congress over vessels
employed IN navigating the same seas. We
can perceive no such distinction
III we refer to the constitution, the inference
To be draw q from it is rather against The dis
tinctlon The section which restfains Con.
Sress from prohibiting the migration or i'm
portation of such persons as any of the States
may think proper to admit until the year
1903, has always been considered as an ex-
ception from the power TO regulate commerce.
ana certainly seems TO class migration with
importation. Migration applies appropri.
ately to voluntary, as importation does to in
voluntary, arrivals and, so far as au excep-
ton from power proves its existence, this
section proves that the power to regulate
commerce applies equally to the regulation of
vessels employed in transporting men who
pass from place to place voluntarily, and To
those who pass involuntarily.
Ii the power reside in Congress, as a por-
ton of the general grant 10 regulate com
merce, then acts applying that power to YES
sells generally, must be construed as compre-
bending all vessels. If more appear TO be ex-
Guided by the language Of the act, none can
be excluded by construction. Vessels have
always been employed to- greater or less *
tent IN the transportation Of passengers, and
have never been supposed to be-, on that ac-
count, Withdrawn from the control or protec-
ton of Congress. Packets which ply along
the coast, as well as those which make WOW.
ages between Europe and America consider
the transportation If passengers rs an impOr-
tant part Of their business. Yet. il has never
been suspected that The general laws Of nayi-
CATION did not apply TO them.
! The duty act, section % and Is, contains
provisions respecting passengers, and show
! That vessels which transport them have the