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

tne appellant That, as the word to regulate
implies in its nature full power over the thing
to be regulated, it excludes necessarily the
action of all Others that would perform o.,
same operation on the same thing. That
regulation is designed for the entire result, APP
plying to those parts which remain as they
we're, as well as 10 those which are altered.
1t produces a uniform whole, which is as much
disturbed and deranged by changing what the
Regulating power designs 10 leave untouched,
as that on which il has operated.
There Is great force in this argumeat, and
The court is not satisfied that it has been re-
futed.
| Since, however,, in exercising the power OF
regulating their own purely internal affairs,
whether of trade or police, the states may
somttimes ctlaws, the validity Of hicl de
ponds on their interfering with, and being con-
,rary to, an act of Congress passed in pursu-
ance oil the Constitution, the court will enter
upon the inquiry, whether the laws of New
York, as expounded by the highest tribunal of
tuat state, have, in their application TO this
case, come into collision with an act of Cou-
Sress, aud deprived a citizen of n right 10 which
that act entities him. Should this collision
exist, il vii! he immaielial whether those laws
were passed in virtue of concurrent power
" to regulate commerce with foreign natiusS
and among the several States" or in virtue of
power Ia regulate their doInestic trade and
police. In the one case aud the other, the
acts of New York must yield TO the law of
Congress and the decision sustaining the
privilege they confer, against a right given by
a law ofthe Union, must be erroneous.
This opinion has been frequently expressed
In this court, and is founded as well on the
nature of the government on the words of
me Constitution. In argument, however, il has
been commended that, if law passed by "A
| state, IN The exercise Of its acknowledged So
yereisnty, comes into conflict with Il law
passed by Congress in pursuance of the Con-
stIiuilon, they affect the sub; ect and each other
like equal opposing powers.
| But The Trainers of our Constitution foresaw
this stale of things, and provided for it, by de-
claring the supremacy not only of itself, hut
OF the laws made IN pursuance of it. The
nudity of any act Inconsistent with the Con
stltuton, is produced by the declaration that
the Constitution Is the supreme law. The
appropriate application of that part of the
clause which coniers The same supremacy on
laws and treaties, is TO such acts of the state
legislatures as do not transcend their pOwe rs,
but, though enacted in the execution of ac-
knoWledsed state powers interfere with, or
are contrary To, the laws of Congress, made
| In pursuance of the Constitution, or some
treaty made under the authority of the Unit
ed States. In every such case. the act of
Congress, or the treaty, is supreme; and the
law of tire state, though enacted in the exercise
OF powers not controyerted, must Weld to it,
ln pursuing this inquiry at the bar, il has
been said that the Constitution does not con-
fer the right o. intercourse between state and
state. Ihaf right derives its source from those
laws whose authority IS acknowledged by CT
villzed man throughout the world This is
true. The Constitution found il an existing
right, and gave to Congress the power to re-
gulate IT. In the exercise of this power, Con-
gress has passed " An act for enrolling and Ii
ccnsing ships or vessels TO he employed in the
coasting trade, and fisheries, aHd for reguIat-
ing the same" The counsel for the appellee
| contend that this act does not give the right
to sail from port To port, but confines itself TO
regulating pre-exisliDg right so far only as
To confer Certain privileges On enrolled and Ii
censed vessels in its exercise.
III will at once occur, that wheD a legisla-
ture attaches certain privileges and exemptions
To the exercise of right over which its con.
troll IS absolute, the law must imply power To
exercise the right. The privileges are gone
| if The right itself be annhated Itwould be
contrary to all reason, and TO the course of hu-
man affairs, 10 say that state is unable TO
strip vessel of the partic ular privileges at
tendant on the exercise ola right, and yet
may annul the right itself, that the Slate OF
| New York cannot prevent an enrolled and IL
censed vessel, proceeding from Elizabeth
town, in n. Jersey, to n. York, from ENJOYING,
in her course, and on her entrance into port,
all the privileges conferred by the act of Con
gross but can shut her up in her own port
and prohibit altogether her entering the wa
tiers and ports ofanOther state. To the court
IT seems very clear, that the whole act on the
subject OF the cOastlng trade according TO those
! principles which govern the construction Of
statutes, implies unequivOcally an authority to
licensed vessels TO carry on the coastiDg trade
| But we will proceed briefly to notice those
sections winch bear more directly on the sub
ject
The first section declares, that vessels en-
rolled by virtue of previous law, and certain
other vessels enrolled as described in that
act, aRd having licpnce in force as is by
the act required, and no others, shall be
deemed ships or vessels of the United States,
entitled toithe privileges Of ships or vessels
employed in the coasting trade"
This section seems to- the court TO contain
q positive enactment that the vessels il DIES
crIbes shall be entitled TO the privileges oI
ships or vessels employed in the coasting
trade. These privileges cannot be separated
rom the trade, and cannot be enioyed unles.
the trade may be prosecuted The grant o.
the privilege is an idle, empty form, convey.
ing nothing, unless il convey the right t.
which the privilege is attached and in IN,
exercise of which its whole value consists
To constrne these words otherwise than q,
emitting the ships or vessels described to car
W on the coasting trade, would be, we think
to disregard the apparent intent Of the act.
The fourth section directs the proper off
Ger TO grant to a vessel qualified 90 receive 1t
a licence for carrying ON the coasting
trade ;" and prescribes its form. After rrcil-
Jog the c0mpliance Of the applicant with the
| nreHinns reanlslies Of the lalr. the nmerniir.