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

and humane law provides for the safety and
cnmiort al passengers, and for the communi-
cation OF every thing concerning them, which
may interest the Government, 10 the Depart
'nent "t State, but makes no provision con-
corning the cnti of the vessel or her conduct
IN the waters of the United States. This, we
think, shows coucIusively the sense of Com
Sress. III, indeed, any evidence To that point
could BE- required,) that the pre-existng regu-
lations compreflended passenger ships among
others aud, In prescribing the same duties,
the Legislature must have considered them as
possessing the same rights.
| III, then, IL were even true, that the BrIona
and the Stuudinger were employed TX clusiv civ
~ the conveyance ofpassengers between New
York and New JeI\ey, il would not follow,
that this occupation did not constitute part
OF the coasting trade of the United States, and
Was NOT protected by the license annexed to
me answer. But we cannot perceive how the
| occupation of these vessels can be drawn into
question, in the case before the court The
laws OF New York, which grant the exclusive
privilege set up by the appellee, take no no
nee oi The employment of vessels, and relate
only 10 the principle by which they are pro-
PEELED. Those laws do not inquire, whether
vessels are engaged in Transporting men or
merchandise, but whether they are moved by
steam or wind. If by the former, the waters
oil New York are closed against them. though
their cargoes he dutlabie goods. which the
laws OF The United States permit them to en-
ter and deliver in New York Ifhy the lat
ter, those waters are free to them, though they
should carry passengers only. In conformity
n 18th the law, is the bill of the plaintiff i'm the
state court. The bill does not complain that
the Brllona and the Sioudinger carry passen-
gers, but that they ara moved by steam. This
IS the injury of which he complains, and is
| the sole injury against the continuance of
which he asks relief. The bill does not even
allrge specially, that thuse vessels were en-
pioyed in the transportation of passengers,
but says, generally, that they were employed
IN The transportation of passengers, or other
WISE" The answer ayers, only, that they
| were employed in the coasting trade, and in
sists on the right to carry on any trade autho-
rized by the license. No testimony is taken,
and the writ of Injunction aud decree res train
these licensed vessels, not from carrying pas
sengers, hut fro bring moved through the
waters of New York by steam, for any pur
pose whatever.
The questions, then, whether the convey
ance of passengers he part of the coasting
trade, and whether vessel can he protected
IN that occupation by coasting license, are
not, and cannot tie, raised in this case. The
real and sale question seems Ia be, whether
of the privileges conferred by a license.
Ia considering this question, the first idea
which presents itself, Isl that the laws Of Con-
gress for the regulation of commerce, do not
look TO the principle by which vessels are
moved. That subject is left entirely To- in
dlvldual discretion and, in that vast and COM
PleX system of Legislative enactment concern
ing ii, which embraces every thing that the
Legislature thought il necessary to notice
there Is not, we believe, one word respecting
the peculiar principle by which vessels are
propelled Through the water, except what may
be found in single act, granting IL particular
privilege TO steam boats. With this eXcep-
ton, every act, either prescribing duties or
granting privileges, applies TO every vessel,
whether navigated by the instrumentality Of
wind or fire, of sails ar machinery. The whole
weight oil proof, then, Is thrown upon him who
! would Introduce distinction 10 which the
words of the law give no cuuntenance.
| If a real difference could be admitted to
| exist between vessels carrying passengers, and
others, 1t has already been observed, tina there
IS no fact in this case which can bring up that
| question And, il the occupation of steam
boats be matter of such general notoriety,
that the CouIt may be presumed to know it,
although not specially informed by the record,
then we deny that the transportation of pas
sengers is their exclusive occupation. Ii is
matter OF general history, that, in our Western
waters, their principal employment is the
| transportation of merchandise and all know
that, in the waters of the Atlantic, they are
frequently so employed.
| But all inquiry into this subject seems to
the Court to be put completely at rest, by the
| act already mentioned, entitled " An act for
the enrolling and licensing of steam boasts"
| This act authorizes a steam boat employed,
/ ~ ..l..I
or bay Of the United States, owned wholly or
IN part by an alien, resident within the United
States, TO be enrolled and licensed AS if the
same belonged TO citizen of the u. States.
This act demonstrates The opinion of
| Congress, that steam boasts may be enrolled
and licensed IN common with vessels using
sails. They are, of course, entitled To the
same privileges, and can no more be restrained
| from navigating waters and entering ports
which are free to such vessels, than If they
we're waited on their voyage by the winds,
instead Of being propelled by the agency Of
| lire. The one element may be as legtimately
used as the other, for every commercial pur-
pose authorized by the laws Of the Union,
and the-act of State, inhbiDs the use
! OF either. 10 any vessel having license under
the act of Congress, comes, We think in direct
collision with that act.
| As this decides the cause, it is unnecessary
to enter into an examination of that part Of
the constitution which empowers Congress to
promote the progress Of science and the use
/ ful arts.
| The Court is aware that, in stating the
train Of Reasoning by which we have been
conducted to this result, much time has heen
consumed in the attempt 10 demonstrate pro-
positions which may have been thought axi-
nms. lis felt that the tediousness nsepara-
BILE from The endeaeor 10 prove that wbich is
already clear, is inputabie TO a considerable