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

with foreign nations, and among the states. But.
tins inference, is not. we think, justified by the
fact.
Although Congress cannot enable state to
legislate, Congress may adopt the provisions of
a state on amy subject. When the government
of the Union was brought into existence. Il
found system for:the regulation of its pi-
lots IN full force In every state. The act which
has been mentioned adopts this system, and oiyes
1T the same validity as if its provisions had been
specially made by Congress. But the act. II
may be said, is prospective Also and the adoptior
OF laws to be made in future pre-supposcs the
right in the maker TO legislate on the subject.
| The act unquestionably manests an intonl
ton to leave this subject entirely to the states
until Congress should think proper to interpose
put the very enactment of such law indicates
an OPINION that At WIS necessary /; that the ex
| listing system would not be applicable 10 tho
new state OF things unless expressly apnIied to;t
by Congress. But this section is confined to
pilots WITHIN the :" bays, nlets, rivers, harbors.
and ports of the United Statesn which are. os
course, IN whole or in part, also within the Ii
mlts Of some particular state. The acknow-
lodged power of a state to regulate its police. its
| domestic trade, and to govern its own citizens
may enable 1t to legislate on this subject IN !,
considerable extent; and the adoption ofits svs-
TEN by Congress, and the application of il tn
the whole subject of commerce, does not seen, to
the court to imply right in the states so to an
ply 1T OF their own authority. But. the aJont;p,,
OF the state system being temporary, being only
s'until further Legislative provision Shall be mad
oy congress-" shews conclusivey an opnion
that congress could control the whole subject
and might adopt the system of the states, or nr,s
vide one of its own.
state, 1T Is said even private ci,izen
may construct light houses. But gentlemen
must be aware that, ifthis proves a power in .
fp N rnpr1 lot,
s'd'e u rcSuiate commerce, 1t proves that the
same power is in the citizen Stat :. or nd;v;J,,
ais, who own lands, may if not forbidden bv lou,
erect on those lands what buildings they nIe,se
out TINS power Is entirely distinct from that of
regulating commerce and may, we presume. he
restrained II exercised SO as to produce a.publif.
| mischief.
1hese acts were cited at the bar for the pur.
| pose vi sheWlng an opinion in Congress that the
states possess, concurrently with the lepsIature
Vi ,iie C.'ioh' the power to regulate commerce.
with foreign nations and among the states. In
on reviewing them, we think they do not cstab-
lsh inc proposition they were intended to prove.
| ihcy sheW the opinion that the states retain noyv
| eI' ehaolng them to pass the laws to which all
fusion has been made, not that those laws pro-
ceed from the particular power which has been
delegated to Congress.
IL mas been contended by the counsel for the
appellant that, the word g to renuIafe,, ip,nI;.
|
uiatco, IL excludes necessarily the action of all
oulers That would perform the same operation oyt
the same thIng- That regulation is DESIGNER
iol ne ehure result, applying o those parts which
REMAIN as they were, as well as to those which
are altered. ltproduces n uniform whole. which
Is ' as iIuch disturbed and dcranged by changing
"nat 'iis reg uiaung power designs to leave un-
touched, as that on which ii has operated.
There is great force in this arrnnent,and tho
court Is not satisfied that 1t has been rcfuted.
SINCE, however, IN exercising the power If
regulating their own purely internal affairs
whether OF trade or police, the states NAV some,
tunes enact laws, the validity of which depepd<
on their interfering with, and being contrary to.
an act OF Congress passed in pursuance of the
eoiiStitution, the courtwll enter upon the inqui-
ry, whether the laws of New York. as exnonn-
ded by the highest tribunal of that state. have
III their application to this CASE come into col
iision with an act of Congress. and derived a
citizen OF right to which that act entities him
Should this collision exist, ii will be irn1ateriaI
"hesher llose laws were passed III virtue of :,
concurrent power'' 10 regulate commerce With
foreign nations and among the seyeralstates - mr.
| III virtue OF power to regulate their domestic
trdue ana ponce. In one case and the other
the acts OF New York must Weld to the Iayv ~,
Congress; and the decision sustaining the nrivi.
ledge they confer, against right given b. = l.,y
| OF the Union must he erroneous
his opinion has beenfrequently expressed In
| THIS court, and Is founded as well on the nature.
| oi the government as OH the words of the Com
stltution. In arrangement, howe ever thas been
contended that, If law passed by state. in 1be,
exercise oi Its acknowledged sovereiolt: comes
INTO conflict with 4 law passeu By Congress- IN
pursuance OF the Constitution, they affect the
subject and each other like equal OPPOSING, now
| ers. ~ % ~"
| But the frorners Of our Constitution forcsa,o
tins state OF things, and provided for If. bv de-
ciaring the supremacy not only of itself, but of
the laws made IN pursuance of it.
| The nulliy of any act inconsistent will, tho
Constitution, is produced by the declaration fb,t
the Constitution is the supreme law. The an
proprIate application of that part of the clansa
which con:ers the same supremacy on laws and
treaties, is to such acts Of the state legislatures
as do not transcend their powers, but, thoupl,
enacted In the execution Of acknowledged now
ers interfere with, or contrary to, the laws
OF congress, made in pursuance of the copsti
tuition, or some treaty made under the AUTHORITY,
OF the United States. In every such case tho
act OF Congress, or the treaty. is supreme; and
the law OF the state, though enacted in the CIV
ercisc OF powers nOtcontrovened, must yicIdtoit
In pursuing this inquiry at the bar, it has been
SAD that the Constitution does confer the ripht
OF intercourse between state and state. Tba&
IlSht derives It's source from those laws whose
authority Is acknowledged.
The Constitution found it an exisfin, ,;of,4
ana gave to onG ess the power TO rer,IIat.s H.
IN the exercise Of this power CONGRESS b,s
passed - An act Tor enrolling ana iicen5in,c shin
OF vessels to be employed in the coastlu,r trade
ana hsheF1es, and for regulating the samc.9