Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-06-29

I Co"S'rucuon. While therefore, such a restric
non supposes right or freedom to exist, i
gives neither; and still less, can it be cons;
dered grant of definite and absolute right oil
commerce. Numerous regulations of revenue
navigation and commerce, are entirely of Thu
character -
o"ch also, arc the regulations Of the ac
lconccEnin5 the coasting trade. This law is ;
system excluding foreign vessels from the coast
Jug traae, and subjectlng the citizens of the u
o,atcs' 10 restrictions in their pursuit of this en-
pioytnent. 1t leaves the right of the citizens &c
.ns employment, where that right was found b,
'nis III" that is to say, upon the basis OF free
anu open occupation, right TO do all things no;
forbidden by the laws.
| AN act OF the second day Of March 1919.
makes some new regulations and removes some
OF the restraints upon the coasting trade be-
tween states, imposed by the forinor law. This
act Illustrates the questions now considered, as
SHOWS an intention not to give or to take a.
fvway nights ofcommerce, but simply 10 remove
imPediments, by dispensing with certain restric-
| tons OF the law of 1893.
! Tire provision concerning the coasting trade.
have effect In this state as i'm all other states OF
the union; and considered as regulations con-
ming the navigation employed in the coasfing
trade, to citizens of the United States, and sub
Jecting that navigation to restrictions for the Sc
cunty OF the revenue, there is no conflict be-
tween them and the grant to Livingston s. Full
ton. Steam vessels are as fully subject to these
provisions, as vessels Of any other description !;
and all steam vessels in this state, whether ma
vlgated under the state grant or in oppo,ition
to 1T, are equally subject TO their operation.
The steam vessels nayiga:el under the grant
TO Livingston and Fulton have always con-
formed, as they were bound to conform, TO all
these restrictions.
1t IS only when this law is considered as
granting right of commerce, that any collision
between it and the right granted by this state.
can be found.
That terms so indefinite as the words, coast
ing trade, should have been used for the purpose
OF establishing rights of commerce., between
different parts of the nation, is not proper That
TINS should have bcen done without any known
motive, when full freedom of intercourse. both
by land and water, existed among all the states,
is suppositon still more improbable. To cx-
pound these terms of this law, thus made, as a
grant OF rights, when its provisions have direct
Application to other objects, and when all those
provisions have full effect, as restrictive regua-
tons, would be "a construction widely distant
from the apparent intention of the legislature
10 constrne license for the coasting trade, as
an express grant of an absolute right to navigate
from one place to another, in all cases, is to ex-
tract right by Inference, from regulations
which do not declare any such right, and is to
give to right SO inferred, the same force and
precision, which the-most clear and affirmative
| terms expressly granting such q right, could
bcstow. Still more without reason, is such 6
right inferred from the licence, when registered
vessels have the rights of the coasting trade, ant
| yet have no license.
| If, however, the law concerning the coastins
trade IS considered regulation of commerc,
among the states, it can operate only upon tia
commerce, and can NOT invade the interna
| commerce of a state.-Navigation is subject Il
the powers concerning commerce. only because
it is an instrument of commerce and where
| the congress can not regulate a commerce, il
can not regulate the navigation which is mere
ly instrumental in the prosecution of tina COM
merce. SO far then, as this law may rest npon
the power to regulate commerce among the
states, 1t cannot touch navigation employed in
an internal commerce, which does not concern
other states.
The grant to Livingston and Fulton, is no
longer exclusive in respect to other States. As
everylicensed vessel arrvng from another state,
may now enter our waters may depart from
them to another state, the grant has ceased to
operate upon other states, and upon commerce
among the states. Navigation between this
state and others, by steam vessels having licen-
scs, being entirely free, every interest which O.
ther states can have in this questions, is satisfied
| What collision remains The grant to Lii.
vingston and Fulton now operates only upon this
hold the grant, from particular employment
within the state, when that employment doe:
not affect the commerce of other states, man,
| other laws of the State, not yet inpeachcd are
far more seriously in collision with commerce a.
mong the states. Sales by auction, are confined
to few persons appointed by the state; an i'm
portant revenue is derived from this species o
commerce; and this regulation has an indircc
effect, upon other states having commerce will
Or Irll state bp
canals and roads, arc charges upon trausporta-
| ton, falling in a considerable degree, upon al.
| tzcns OF other states. The health laws of the
state are real and great impedinent to com.
| mcrcc. Laws like these which may operate re.
motely and infinitely upon other states, cannot
be subvcTted by the power of the congfe ss to re.
gulate commerce among the states. A vessel
moved by steam, may be accelerated or retar-
ded in its course by the winds and the employ
moDt ofsuch vessel in navigation between two
points IN the same state, may remotely have
some slight effect upon commerce with other
states but influence 50 accidental and irsrni-
ficant neither deprive the vessel ofits essen
tial character of a machine moved by steam,
nor give to its employment the character of be-
ing engaged in commerce among the states.
But when this law is considered as emanat-
ing from the taxing power of the congress, the
distinction between commerce among the state:
and the internal commerce of Il state, ceases &c
perplox the inquiry.-To great extent, this
law clearly results from the taxing power aud
it the security of the revenue, is the main object
of the act, all its particular provisions ma,
be Justly considered, as resulting from the same
source, and as auxiliary to that great object
Thus understood, thi; act regulates navigation
in some particulars, in order to secure the re-
venue it regulates that navigation, whether il
is employed in the internal commerce of a state
| or in conncre among tie states; and it rcgu.
lates commerce in these particulars ouIv in th.