Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-04-09


crminae between our own citizens and those OF other
Suites and you oblierae State boundaries melt them
down into one mass and make separate State SoVe-
rsignty an ideal existence. ~
This bill 80 far from deprivng the citizens OF New
York of any privilege or immunity OF when we eau,
not deprive our own citizens only puts the citizens OF
the States upon an equal footing. II citizen oil Vir'
gnia takes slave out of the State, he is responsible
Tor so doing in his person and his property. Donn,e
the value of the slave be recovered from sucn o.
lender, tor the payment OF which mol only al. oi MS
own property is liabh but if he be master OF yes
sell the liability attaches her too, although ne may
not own timber Of her. Our citizens cannot violate
our laws and escape with IMMUNITY and thus Dill Is
designed to place citizens of New York; as far as prac
ticable, in the same condition.
The gentleman from Fauquier contends that the bill
is regulation Of commerce and that the power to
do that is exclusively vested in Congress
Admit il to be regulation Of commerce, which !
only admit for the sake of the argument, and still
insist that we have the power TO pass it,
AS | have already said, these States sovereign,
and they possess all power which not exclusively de
egaed To Congress by the Constitution Of the U. S
prohibited to the States This is declared in the 10Th
amendment to the Constitution itself Whenever
power not in its nature exclusive, is granted T. The
General Government, and not prohibited 10 the State
it is concurrent in Congress and the State Legislature
This position will not be denied. If It should, might
refer the 32d No of the Fedcrast, or, indeed, any
other work the Constitution, as authority TO sus-
tain il. The power to regulate commerce is delegated
Is il delegated to the General Government exclusive
ly3 The terms of the grant are not exclusive They
are not more than in other grants, where the
power is admitted to be concurrent. The language
Of the Constitution is, Congress shall have power "o
regulate commerce with foreign nations, and among
the several States, and with the Indian tribes
There is nothing in the terms Of this grant more
exclusive than i'll the one empowering Congress, "To
provide for organizing, armng and dlsciplnng the mi
ltia " YET this latter power has always been held to
be concurrent. Nor is the power exclusive in its
ture. There but few powers of the General Co
yernment which are III their nature exclusive Such
powers as have their origin in the Constitution, Of
that class for instance the power of exclusive eglsla
ton for the District Of Columbia and the power 10
borrow money the credit of the United States.
Perhaps there are others, such those which have
extent and operation when exercised by State beyond
its territorial limits as in The OF naturalization.
And even in this case il would not be held to be
elusive but for the clause Of the Constitution
ing To citizens Of each State all the privileges and inn
munities of citizens in the several States notwil
standing the terms 'sunform rule are employed.
The powers which are exclusively vested in Con
uress few, those which concurrent are numer
Gus To enumeratc them would not be difficult
though, perhaps, useless The power TO lay and col
ect taxes call forth the militia, &c, Of that carac
ter All powers which are granted 10 the National
Government, should be construed TO be held by il con-
currently with the States, cxccptIn those where
they are prohibited the States in express terms,
by inevitable implication IL the spirit Of this rule, it
has been conceded, that though Congress is authorized
10 establish uniform laws the subject OF bankruptcy,
the power over that subject would be concurrent
power, and that the States might pass bankrupt laws II
they did not impair the obligation Of contracts. And
It has been decided even, that they may pass law
dischargng the contract if II be entered into subsc
Gurnt 10 It's enactment. A stronger case than tins
could not be nstanced-for il might here be urged with
much force that the power granted to Congress TO
tablish uniform laws Of bankruptcy, would be trns-
trated, if a concurrent power was conceded TO the
States Surely the terms Of the grant in this instance
are much stronger than the grant OF the power to
regulate commerce.
If the grant of The power to regulate commerce to
the General Government is not in It's nature exclusive
the argument at an end, tor 1t Will not be commended
that il is prohibited 10 the States express terms The
ONLY restriction upon the States in tins particular is
tanned in the prohibition upon them, that they shall not
enter into any treaty compact with each other, with
foreign power, lay any duty on tonnage, or on m
ports or exports
that but for them, the States might exercise the
power in the instances prohibited and 1t also proves
that in all cases TO which the prohibition does not
tend the power exists. For authority these points,
might refer to the case Of Livingston Van lngcn
9th Johnson's Reports in which Chancellor Kent de-
cides that the power TO regulate commerce is concur
rent one
If the power to regulate commerce be concurrent,
the next question is does the bill before the House con-
flict with any subsisting congressional regulation OF
commerce. f there be such regulation in existence
at this time there is nothing 10 restrain our action
The fact that Congress may pass hereafter, cannot
produce that effect. In the language OF Chancellor
Kent:
awe have nothing to do in the ordinary course of e-
risation with the possible contngenryoi COLLISION, nor
are we embarass ourselves IN the anticipation OF
theoretical difficulties than which nothing could IN
General be more laacous Such doctrine would
constantly be taxing sagacty TO see whether the
law MIGHT not CONT avcne future regulation OF
commerce or moneyed or military operation oil the
United States Our most simple municipal provision
would be enacted with diidence, for fear we might
involve ourselves, our citizens and our conscences IN
some case of usurpaon Our safe rale OF construction
and of action this that if any given power was OIL
qinay vested in this State, if it has not been cxclu-
siyely coded TO Congress- if the exercise oil II has
not been prohibited the States, we may then 90 on
in the exercise Of the power until comes practically
!, collision with c actual exercise of some Congress.
sona power. :,
Should the bill before the House become law, will
il conflict with any existing law OF Congress: need
not enquire whether II will interfere SIMPLY with some
Congressional regulations; for, it might interfere, and
vet the law stand. The question winch must yield IN
The case of collision between two laws passed under
concurrent power, does not arse, until the conflict
il found TO be of such character that the two laws
cannot stand together. This is the view OF the best
upon the Constitution
In the 32d No. Of the FederalIst, II IS SAID
"The power granted to the Union is exclusive where
the existence of similar power in the States would DC
absolutely and totally contradietory and rePugnant
"Or where power granted to the Union with whch
similar authority in the State would be utterly ne"m
nafibe-"Itis not neonrcnience IN the exercise
&c mower but an immediate constitutional repngRaacy
that can, by implication, ALLEVIATE and eS''ngush pre-
existing right Of sovereignty. -"rhe exercise OF
concurrent jurisdiction might be productive Of oeca-
sonal interference in the policy of any branch Of adm'-
nisra,on, but would not imply any direct contradic
ton or rcpugnancy in point of constitutional authorI-
No law of Congress has been can be produced,
with which the bill before The House IS utterly Htompa-
title.
But take higher ground, and call for the production
of the congressional regulation with which this law
would even interfere. The industry of the gentleman
from Fauquier has not enabled him TO produce such an
one; for am sure, upon denomination, he will adj
nit that the section of the law in relation to coasns
vessels can have no application 10 this case.
There are two classes ofvessels known to our laws,
those engaged in foreign commerce, and those
"