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

wise and huIuauc law p,ovid $ for the safety and
comfort of passengers and for the communication of
every thing concerning them. which may interest the
Government, to the u, prtmeut OF State, but makes
no provision concerning the entry uf the vessel, or
her conduct in the waters of the United States.-
This. think. shows ccncuSivClv the sense OF Con-
CrUsS, o. indeed, any evidence To that point could
he rcquired that the prc-exs,img regulations COM
pretended passenger ships, among others; and, in
prescribing the same duties, the Legislature must
nave considered them as possessing the rights.
H. then, Ii were true that the Bellona and tc
Stoudinger employed exclusively in the con-
vcy3nce of passengers between New York aud New
Jersey, would not follow, that this occupation did
not constitute part of the coaSting trade of the
United States, aud protected by the license
annexed to the answer. But we cannot perceive
how the occupation of these vessels can be drawn
into question, III the before the court. The laws
OF New York, which grant the exclusive privilege
set up Ivy the appellee. take notice OF the en-
plovmCDt of vessels, and relate only 10 the principle
by which they are propelled Those laws do rot in
quirc, whether vessels are engaged in transporting
men or merchandise, but whether they are moved by
steam or wind If by the former, the waters of New
York are closed against them, though their cargocs
be dutiabe goods, which the laws of the United
States permit them to enter and deliver in New
\ DIRK. If by the latter, those waters are free to
them, though they should carry passengers only.
In conformity with the law, is the bill of the plain
till III the state court. The bill does not complain
that the Bellona and the Stoudngcr carry passen-
gers but they are movedb by steam. This is the in
jury of which he complains, and is the sole injury
against the continuance of which be asks relief.
The bill does not allegc, specially, that those
vessels were employed i'll the transportation of pas
Scngers but says, generally that they were employ
cd I'm the transportation of passengers, or other
Wise. The answer AYERS, only, that they were en-
poycd Ill the coastng trade, and insists the right
ON frDHp nutltnr pod i've
No testimony is taken, and the writ of Injunction
and decree restrain these licensed vessels not from
carrying passengers, but from being moved through
the waters of New York by steam, for any purpose
whatever.
Ihc questions, then, whether the conveyance of
passengers be part of the coastng trade and whe-
Their vessel can be protected in that occupation by
coasting license, are not and cannot be- raised in
this case. The real and sole question seems to be-
whether steam machine, in actual use, deprves Il
vessel of the privileges allowed by a license.
In considering this question, the first idea that
presents ITSELF is, that the laws of Congress for the
regulation oi commerce, do look to the principle
by which vessels are moved That subject is left
entirely to individual discretion and, in that vast
and complex system of legislative enac tment con-
corning it, which embraces every thing that the Lc-
gislaturc thought it necessary TO notice there is not
we believe, word respectin. the peculiar prnci-
pie 10y which vessels are propelled through the wa
ter except what may he found in single act, gran
ting particular privilege to steam boats. With
this exception, every act, either prescribing duties
or granting privileges, applies every vessel, whe-
ther navlgated by the iustrumcntality of wnd or
hre, OF sails or machinery. The whole weight of
proof, then. is thrown upon him who would intro
duce a distinction TO which the words of the law
give no countcnancc.
If rcaldiifcrcncc could be admitted to exist he
tween vessels carrying passengers and Others it has
observed. her ic No IN,
case which can bring up that question: And. if the
occupation OF steam boats be matter of such re-
neral nooriety, that the Coutt may be presumed to
know it, although not specially informed bv the re-
cord then we deny that the transportation of pas
sengers Is their exclusive occupation. Iii mat
Ter OF general history, that, i'll western waters
their principal employment is the transportation of
merchandise and all know that, in the waters of
the Atlantic, they aIe frequentl so employed.
But all inquiry into this subjc seems TO the Court
to be pat complcy rest, by TIE act already mem
toned entitled a" An act for the enrolling and Ii
censihg of steam boats"
This act authorizes steam boat employed or
intended to be employed, only i'll a river or bay Of
the United States, owned wholly OF in part by an
alien, resident within the Umte1 States, TO be en-
rolled and licensed as if the same belonged to ci-
iiZen o: the United States.
ihis act demonstrates The opinion of Congress
maj steam Do2ts may be enrolled and licensed in
he of
course, entitled TO the same privileges and can no
more he restrained from navigating waters and
entering ports which free to such vessels than
II they were waited on their voyage by the winds
instead OF being propelled by the agency of fire.
The one element may be as legitimat eIy used as
the o'hcr, tor every commercial purpose authorized
ny the laws OF the Union, and the act OF State in
oihS me use OF either to any vessel having a Ii
cense under the act of Congress, comes we think in
direct collision with that art
this decides the cause, it is unnecessary to en-
teE Ato ah examination of that part of the consti-
tutioh "hl'2 empowers Congress TO promote the pro-
grcSs of science and the useful arts
The 'ourt is aware that, in stating the train of
reasoning by which we have been conducted to this
result, much time has been consumed in the attempt
to demonstrate propositions which NAV have hef
thought ax0nis 1t is felt that tie tcdionsncss ;pso
parable from the endeayour to prove that which IS
already clear, IS lmputabc to consdcra bic part of
this opinion. But 1t was unavoidable The conclusion
TO which we have come, depends on chain of princ
pies which 1t was necessary to preserve uubroter
and although some of them thought nearly self
evident the magnitude of the question: the veoh, of
character belonging TO those from whose Judgment
we dissent. and the argument at the bar dema nded
that we should assume nothing.
Powerful ana ingenious minds taking, as nostu-
ates that the powers taken as expressly grant,d m
the Government of the Union are to be contracted
ny construction INTO the narrowest possible compas
ana mat the original powers of the States are re-
''''o' any possible construction will retain them,
may, by course of we-digcsted. but refined and
metaphysical reasoning, founded on these premises.
explain away the constitution of our country. and
leaY" IT magnificent structure, indeed, to look at.
but totally unfit for They may so entaugle
ond pcrplcT the understanding as to obscure pr;nc
PIES when were b'iore thought quite plain and in
nuce douotS where if the mind to pursue its
10
case, it is peculiarly necess to rerur TO s,C an,
fundamental prInCiples. 10 stlstnn tnsn r,,i,oil