Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-12

power, not on that TO regulate commerce; and
presupposes the existence of that which they
RESTRAIN, not of that which they do not purport
to restrain.
But, the inspection laws are said to be regula-
toms OF commerce, and are certainly recognized
IN the constitution, as being passed IN the ex-
erclse OF power remaining with the states.
That inspection laws may have a remote and
considerable influence on commerce, will not be
denied; but that a power to regulate commerce
IS the source from which the right to pass them
is derived cannot be admitted. The object of
inspection laws is to improve the quality of ar
ucies produced by the labor of country; to
III mem Tor expectation, or, it may be, for do
nestle use. They act upon the subject before
1t becomes an article of foreign commerce A.
mong the states, and prepare it for that purpose.
they form portion of that immense mass of
legislation which embraces every thing within
the territory OF state, not surrendered to the
general government: all which can he most adj
yantageously exercised by the states themselves.
inspection laws, quarantine laws, health laws,
Oh every description, well as laws for regu-
iasting the internal commerce of state, and
those Which respect turnpike roads, ferries, &C..
are component parts of this mass.
No direct general power over these objects
IS granted to Congress; and, consequently, thew
remain subject to state legislation. 1.-THE Iegis-
latiVe power OF the Union can reach them, it
Fust be for national purposes; it must be
"here the power IS expressly given for a
sPeclal purpose, or is clearly incidental to
some power which is expressly given. 1t is
obvious, that the government of the Union in
the exercise of its express powers-that, for
example, OF regulating commerce with foreign
nations and among the states-may use means
that may also be employed by state, in the ex-
ercise OF ITS acknowledged powers-that, for ex-
ample, oil regulating commerce within the state.
IL congress license vessels to sail from one port
10 another In the same state, the act is supposed
TO be necessarily incidental to the power ex-
Pressiy granted to Congress, and implies no
CLAIM OF direct power to regulate the purely
internal commerce of a state, or to act directly
on Its system of police. So, if state, in pas
sing laws on subjects acknowledged TO be with
IN Its control, and, with view to those subjects.
shall adopt measure of the same character
with one which Congress may adopt, it does
not derive It's authority from the particular pow
er which has been granted, but from some other
which remains with the state, and may be exc
cuted by the same means. All experience
shows, that the same measure or measure
scarcely distinguishable from each other. NAV
How from distinct powers; but thisdoe notproye
that the powers themselves are IDENTICAL AL
though the means used in their execution NAV
sometimes approach each other SO nearly as TO
be confounded, there are other situations in
which they are sufficiently distinct to establish
their individuality.
In our complex system, presenting the
rare ana dili,cuit SCENE OF one general govern
ment, whose action extends over the whole, but
which possesses only certain enumerated pow
ers; and of numerous state governments, which
retain and exercise all powers not delegated to
the Union, contests respecting power must arise.
Were 1t even otherwise, the measures taken by
the respective governments to execute their ac-
knoWledged powers would often be of the same
description, and might, sometimes, interfere.
This, however, does not prove, that the one is
exercising, or has a right to exercise, the pow
ers the other.
The acts of Congress, passed in 1896 s. 1799, =
empowering and directing the officers of the
general government to conform to- and assist in
the execution of the quarantine and health laws
OF state, proceed, it is said upon the idea that
these laws are constitutional. 1t is undoubied-
y true, that they do proceed upon that idea /;
and tile constitutionality of such laws has never,
so tar as we are informed, been denied But
they do not imply an acknowledgment that a
state may righttully regulate commerce with
foreign nations, or among the states: for they do
y Oh
power, or enacted with view to it. On the
contrary, they are treated as quarantine and
health laws, are so denoininated in the acts OF
Congress, and are considered as flowing from
the acknowledged power of a state, 10 pro-
vide ior the health of its citizens. But, as ii
was apparent that some of the provisions made
Tor tins purpose, and in virtue of this power,
might interfere with, and be affected by the laws
OF the United States, made for the regulation of
commerce, Congress, in that spirit of harmony
and Cancellation which ought always TO charac-
tcrize the conduct of governments standing i'm
the relation each other has directed its officers
to aid in the execution Of these laws; and has, in
some measure, adapted its own legislation to this
object, by making provisions in aid of those of
the states. Bat, in making provisions, the opin-
ION is unequivocally manifested, that Congress
may control the state laws, SO far as it may be
necessary to control them for the regulation of
commerce.
The act passed in 1805t prohibiting the i'm
portaton OF slaves into any state which shall it.
self prohibit their Importation, implies, it said,
an admission that the states possessed the power
to exclude or admit them; from which it is infer
red that they possess the same power with respect
TO all other articles.
IF this inference were correct, if this power
va @A"' '''cu' ho' uuuei any particular clause
in the constitution, but in virtue of general
right over the subject Of commerce, to exist rs
long as the constitution itself, it might now be
exercised. Any state might now import African
slaves into its own territory. But, it is obvious,
that the power Of the states over this subject,
previous TO the year 1903, constitutes an excep-
ton TO the power of Congress to regulate com
MERGE, and the exception is expressed in such
words as to manifest clearly the intention to con-
tlnue the pre-existing right of the states to adj
nit or exclude for limited period. The words
are, Z" the migration or importation of such per.
sons as any of the states existing shall think