Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-12
1Cnntnlned from G,,st lnmc.l

port, aud prohibit, altogether, her entering the wa
tiers and ports oi another state. TO the court ii
seems very clear, that the whole act on the subject
oi the coastng trade, according those pruciplr,
which govern the CONSTRUCTION OF statutes in,plics
uneqoivocally an authority TO licensed vessels to
carry on the coastng trade.
But will proceed briefly to notice those sec,i-
ons which bear more directly the subject
The first section declares, that vessels enrolled Ivy
virtue of previous law, and certain other vessels
enrolled rs described in that act, and having Ii
ccnse in force is 10y the required, and no o.
theirs, shall be deemed ships vessels of the United
States, entitled to the privileges of Ships or vessels
employed III the coas,ing trade
This section to the court to contain a posi-
tive enactment that the vessels it describes shall be
entitled to the privileges of ships vessels employ
ed i'll the coasting trade. THESE privileges cannot
be separated from the trade, and cannot be cnoycd
unless the trade may be prosecuted. The grant of
the privilege is an idle, empty form, conveying no.
thing, unless it convey the right which the prvi-
lege is attached, and in the exercise of which its
whole value consists. TO coustrue these words o.
therwisc than emitting 'the ships or vessels de-
scribcd to carry on the coaStins trade, would be-
we think, to disregard the apparent intent of the
act.
The fourth section directs the proper officer to
grant to vessel qualified to receive it, ga license
Tor carrying on the coaStng trade :; and prcscribcs
ITS form. After recitng the compliance of the ap-
plicant with the previous requisites of the law the
operative words of the instrument arc, license is
hereby granted for the said steam boat Bellona TO
be employed IN carrying on the coasting trade for
year from the date hereof, and no longcr''
These not the words of the oiicer-tl,ry are
the words of the legislature and convey as expli-
city the authority the act intended to give, and op-
crate as etfectually, if they had been inserted in
any other part of the act than in the license itself
The word license" means permission or autho-
rity; and license to do any particular thing is a
or n IN do
granted by person having power TO grant it, trans
ferS to the grantee the right to do whatever it pur
ports to authorize. 1t certainly transfers to him all
the right which the grantor transfer, to do what
is within the terms of the license.
Would the validity or effect of such an ips,r,,
snent he questioned by the appellee, il executed by
persons claiming regularly under the laws of New
York?
The license must be understood to be what il pur
ports to be, legislative authority to the steam boat
Beona TO be employed in carrying on the coast
ing trade for year from its date"
1t has been denied that these words authnriea
voyage from New-Jcrsey to New-York 1t Is true
that no ports are specified but il is equally truc
that the words used are perfectly nelligibe and do
confer such authority unquestonably as if the
ports had been mentioned. The coasting trade is n
term we'll understood. The law has defined il: md
all know lis meaning perfectly. The act Describes
with great ninuteuess, the various operations of
vessel engaged in it; and it cannot, we think, he
doubted, that voyage from New-Jersey 10 N ew-
York is of those operations
Notwithstanding the decided language of The Ii
cese, it has also been maintained thar it gives no
right to trade and that its sole purposc is IN cour
the American character.
The answer given TO this argument that the A.
merican character is conferred by the enroIl,ucu,
and not by the license, is, we think, founded roo
clearly IN me words o the law to require the sup
port OF amy additional observations. The e,rol,i
ment OF vessels designed for the coasting trade, cor
responds precisely with the registration of vessels
designed for the foreign trade and rer,iras ,.,
circumstance which constitute The American
character The license can be granted only to YES
sells already enrolled, if they be of the burden OF
twenty tons, and upwards and rcGuires No ci,c,,,,
stance essential TO the American character The
object of the license, them catmo he TO Tho
character of the vessel bat to do what il nrnl,sss
IL do-that Is, TO give permission to vessel oIrco
dy proved by her enrolment TO be American, to carr
ry the coasting trade.
Bat, K the LICENSE be a permit to carr, on tho
coa5tng trade, tie appellee denies that these hoais
Were engaged III thai trade. or that tine deere. ,,
der consideration has restrained them from No..
cutting it. The boats Of the appellant were. we oro
told, employed Ill the transportation of PASSENGERS
and mis- Is no part of that commerce Which Couaress
may fegulate.
II, as our whole course of legislation on this SUBJ
ject SHOWS, the power of Congress has heau ,nioer
tion. 7 is very persuasIve fmot a conclusive. ar
gulent to prove that the construction * corrac,
and il 1t be correct, clear distinction is
between the power to regulate vessels cmploycd in
transporting men for hirc- and property for hire
The subject 10 transferred TO Congress and no cx-
ception to the giant can be admitted vhrb is NOT
proved oy the words the nature of the fling A
coastng vessel employ ed in the TRANSPORTATION or
passengers IS as much portion of the American,
marine, as one employed in the TRANSFORMATION of
cargo; anu 40 reason IS perceived why such vessel
should be withdrawn from the regulating mower IF
that government which has been thought best fried
for the purpose generally. The provisions of the law
respecting native seamcn, respecting o,ynersb ,rc
as applicable to vessels carrying men, as to vessels
carrying manufactures; and no reason is perceivod
why the power the subject should not be placcd
IN the anne hands. The argument URGED At tbc h,r
rests the foundation that the power OF Counre.s
does not extend to navigation, rs branch of com
MERGE and can only be applied to that subject in
cidentally and occasionally. Bat If tjat toundati
bic distinction, supported by the constitution ar nv
reason, tor discriminating betweent the power of Com
GFes5 over vessels employed in navigating the same
seas. We can perceive such distinction.
Ii we refer to the constitution, the inference to be
drawn from II IS rather against the Distinction The
section which rsst:ains Congress =, r,robir;,irc
the migration or Importation Of suchl ms as any
of the States may think proper to a.. :. until The
year 1903, mas always been considered az an ~
cep,ien ioem the power TO regulate commerce yud
certainly to c;1s5 migration with Importation
Migration applies as appropriately to oiuntarv. ~
importation does to involuntary. arrivals; and, so
fer as exception from a power proycx it's c,ist
encc, this section proves that the power o
commerce applies equally to-tbc regulation OF ves
sells employed in transporting men who pass from
place to place voluntarily, and to those who ma in,
voluntarily.