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

IN any sense excepting that, in which all law.
ior tue cohccuon OF taxes Charged upon com
: meIce, may be termed commercial regulations
ihey are regulations Of commerce, only as re
Guiations Tor the due collection Of taxes on a
gIrcuturc ormanuiactures, would be regulation
Oh agriculture or manufactures. Alaw proceed.
ing from the taxing power OF the union, may o
Perate upon vessels employed in commerce more.
,nsetnai, as 1t may operate upLn every thing
'Yitinnthe scope Of that pow err But the taxinn
power, clear and absolute, as it is, has its due
course and effect, without annullinc state laws.
Every exposition of the constitution, from the
) days of the convention to this time. has trpIv
taught, that the taxes of the union and laws for
their collection not cxtinguished state laws, but
operate concurrently with them
When this law is thus understood, its usurps
no power of state over its internal commences.
and itoperates to subject all vessels employed in
coasting trade wholly within state, to Ger
tan restrictions. These restrictions, and the
tpower OF the state over its internal affairs are
perfectly compatible with each other The re-
strlctons OF this law, and law OF the state, may
y Doth operate upon vessels employed in coastinc
trade confined TO the state; and neither law cx-
ciudes or mi erferes with the operation ofthe o.
ther
The provisions concerning the coastinr trade
between ports IN the same state, then, re-
strctive regulations; and not grants of rights.
The vessels employed in such voyages, are sub
Ject to the Legislation ofthc state; and the grant
made to Livingston and Fulton, does not dispense
with Or defeat any restriction imposed on the
coasting trade carried on between ports in this
state.
Navigation between this state and any other,
| by steam vessels licensed for tie coasting trade
| having been adjudgcd Il right and navigation
by steam vessels merely from one place to ano
Their within this state, being still subject to the
state grant; both these rights must have effect
so far as they are compatible with each other.
| When these rights really interfere, the right
granted by the State must yield, and the right to
navigate between any port in the state and auo-
| thcr state, must prevail.
"A steam vessel having license, and entering
tins state from another, may proceed to any port
IN tins state; and such vesselmay depart from
any port In this state, and proceed to another
state. In either case, the vessel NAV touch at
any intermediate place within the state. These
rights are either expressly abudged by the SUI
| Prcme court, or follow as direct consequences
from the principles ofits decision.
| The navigation which remains subject to the
state grant, is that which takes place between
any two points in this state, where the yoyane
is not continuation of passage to or from a
mother state. Such voyage is equally subject
to the right granted by the state, whether it is
bet" cen two places in the same revenue dis
trict, OF between places in different revenue dis
|
ed by the limits of revenue districts, or the OBJ
ngauons OF masters ofyessels in respect to mani
tests, oaths, reports and permits IN different ca
ses. All those regulations of the coasing trade,
have their due effect; but they do not vary tile
: right TO navigate from place to place. This
2 question has no concern with ports of entry OF
1 ports OF delivery; it having no connection will
foreign commerce, or with the entry or deliver,
, OF foreign merchandise, upon its arrival ia til
, United States
, Thus, the points at which voyage common
ces and terminates, seem TO me TO determine,
whether the voyage is protected by the license,
or is subject to the state grant and / do not
tpercelve, that these rights can be reconciled in
practice, by any other discrimination. steam
vessei having license, and proceeding from a
port In this state, may indeed, by touching a
port In an adjoining state, continue the voyage
to any other port in this state and it is argued
that such navigation between two ports in the
state, would be an evasion of the state grant
But The Intention with which vessel NAV be
navIgated to another state, can not, think re-
pei or destroy the right, which the same vessel
now has, to proceed from another state to any
port IN tins state. The right to navigate to or
from another state, IS now an established and
absolute right, notwithstanding the state grant;
and this absolute right may, conceive, be ex '
crossed for the purpose of continuing voyage
!, made from or TO another state, to any other port
In this state.
The particular case now before the court, is
voyage made by the Olive Branch from the
fscaty OF New York TO the city of Albany. On
the part OF the defendant, it Is shown, that two
boise of merchandise intended TO be transpor-
ted to the cities of Jersey and Albany, were ia
f ken on board Of the Olive Branch at the CITY
( of New York; that the vessel wing also pas
scngcrs, proceeded first from the city of New
York to the city ofJersey on the western shore
of the Hudson that some passengers were tb.ro
landed, the vessel being then fastened to a
wharf at that place and that the vessel pro-
ceeded thence, to Albany. The whole Hud-
son being in this state, it is insisted by the COM
plainants, that the Olive Branch, while at the
city of jersey, was still within this state, and
| that the communication which took place at the
city OF Jersey, was not voyage to or from the
state of New Jersey. The Olive Branch was
} not in New jersey, but approached the line of
the two states, as nearly as such a vessel could
approach, and did so, for the purpose of an in
tercoursc with Now Jersey, which actually took
place. As it impossible that this vesse,
should there pass by navigation, from this state
into New jersey, and an actual intercourse
with that state took place, in the only manner
IN which intercourse between the two states by
navigation, is there practicable this seems to
be case of navigation from state TO states, ac-
cording to the sense and spirit Of that decision,
which has determined that a license for the
coasting trade, coDfcrs right to navigate from
one state TO another.
: Upon these facts, an injunction is denied
WASHINGTON, June 81.
We publish to-day the Report of the Com
mttee of the iToase Of Representatives, appoint
Cd TO investigate the charges preferred by Mr..
: EDWARDS against the Secretary of the Trca-
sury.