Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-05-18

they passed. but for the protection and security oil the
health of their ctzens2 And does any one deny their
consttutonaty' The quarantine laws OF New YORK
are ten.fold more repugnant and injurious to COM
merce than this bill will be. Many vessels that ar
rive from unhealthy ports with sickness on board,
have 10 unload the quarantine ground and send their
whole cargo ten miles TO the city, at an enormous e1'
Pense and loss of tme and this is all done for the pro-
lection ofthc health of the city During fiye months Of
The yearevery vessel arriving at N. Y, from any port
south OF Cape HenloPen, has TO be quarantnea ies'
your vessels from this healthy port of
from my county, where contagious disease never orr.
gnated nave to stop at the quarantine IN ~ YORK, ana
be examined before they proceed TO the city.
Moreover they have to pay fee to.the quarantine OIL
cer for Inspection besides so mach for every sailor
passenger on board If ore of us were to take a
packet tomorrow for New Y5S5Ave would have to
pny fee TO that State for ente her port, whilst
her citizens may come into our State free Of charge
mention these things to show that New York
has, and does exercise this power, yet Virginia must
not, because by the Constitution Congress has The
power to regulate commerce Not only do the
States exercise the power to pass inspection laws,
but every Atlantic State has its pilot laws, diff
erng, both in amount of fees, we'll in the regu-
ation of the plots The State Of New York has her
laws regulating the pilots licensed by the State whilst
the State of New Jersey under law of Congress, APP
points board to examine and commission pilots, for
the same port; showing that Congress- through the
State of New Jersey exercises, concurrently with the
State Of New York, power the subject Thus
showing that the Federal Government and State
may legislate on the subject at the time
when the State legislation is not repugnnnt to that OF
the Federal Government. Though it seems strange
how Congress can empower State to act, or grant
power with which it is vested by the States, to be exer
csed by another Government. BY law OF 3 Carolina
the captain of evey vessel arriving al the port OF
Charleston with free negro board is bound 10 lodge
him in prison. lose his tne besides paying his board
until his vessel is ready to depart. And does any one
deny the right of South Carolina TO pass such a
law TO protect her citizens and their property: or is 1t
the duty of the General Government TO imprson per-
sons for the protection Of the property of South Caro-
lina But it contended that Congress has, by lcgs
laon sanctioned the passage of several of the laws,
and therefore they constitutional In the case OF
the pilot laws, perhaps Congress may by not exercis
ing tie power to regulate pilotage, leave it with the
States make such regulations they may deem pro-
per- but legislation Of Congress vest the States
with the power. The States derive no power from
the General Government but are the sources from
which that Government derives all its powers. Grant,
for the sake of argument, though deny the right
that Congress has the power to pass an Inspection law
TO protect our property but fails or refuses TO pass such
law-docs any contend that Virginia cannot pass
law prevent citizens Of other States from stealing
her property, and carry it to State, where by law,
both the lon and the property are protected, and put
beyond the reach Of recovery;
But if Virginia does not possess this right, what Sc
CURLY have we against the citizens CT State that
encouraged and protected in depredatng on our pro-
perry
If by the Constitution of the United States, thought
we had surrendered this right, (hough desire to see
the Union preseryed) should be almost willing to see
its dissolution say that laws like those ! have
mentioned have been passed by many OF the States J;
and still stronger law, and one interfering with COM
merce, is now upon your statute books-by that law
every captain Of vessel coming into this State with
the intention of carrying away tobacco, is bound to
take an oath not to receive board any tobacco which
has not been inspected and if he violates this law, he
is subjected TO fine of fifteen hundred dollars, and an
inspector believing the law has been violated, may have
his vessel unloaded and searched This is State law
interfering with commerce. yet no one has ever thought
it unconstitutional And until this late day, such
power never questioned or denied TO the States
gain let me refer you to the health laws passed by al
most every State in the Union This power is cx-
clusvey exercised by the States, and deny the power
of Congress TO pass quarantine law, the object OF
which is protect the health of city, or prevent the
spread Of contagious diseases among the citizens OF
the States And in claiming for the State the exclu-
sve control this subject, contend she cannot
only pass such as epugnant TO those passed By
the General Government but It It IS necessary TO m
sure the health ola city, State may pass laws entirely
incompatible WITH and in direct opposition to any com.
merca regulation whatever If then, 10 preserve the
health Of her citizens, State can pass such laws as
are necessary for that purpose may she not for the pro-
pass law which is not repugnant to- or incompatible
with, any commercial regulations:
Surely this cannot be denied. If, as gentlemen
contend Congress has under the clause granting the
power to regulate commerce, the right TO pass law
by which vessel with conta gous disease board
would have the right to approach any Of our Cities
any State law TO the contrary notwithstanding, Tue
health Of our cities and the protection OF our properly
would be transferred from the State to the Generai
Government, which was never contemplated ny Inc
,l,1d Tho tat S liz
nit to it. Another constitutional objection ursed
AGAINST this bill s that under the clause in the Con-
tuition which says "The citizens of each State shall
be entitled 10 all privileges and immunltes OF citizens
in the several States. To any one who does not read
thi. clause attentivey it would seem TO be nconsst-
ent with the bill But the error they fall lnto IS
caused, by reading part of the sentence wrong. IL
il not the citizens of each State shall be entitled 10
all the privileges and lmmuniies oil ctzens III Tue
several States but it is, "are entitled 10 the pr
yilepes and mmunties OF citizens, OBVIOUSLY meah-
nr ma nv colleague has conclusvely shown, the
r;gbt, Of citizenship, and he is sustained in this
view by Judges Washington and Chase, both Federal
udpes will not argue this question, which has been
so ably treated by my colleague But ask gentlemen
TO bear in mind the distinction, which is SO PLAIN 10
any one who closely observes this clause w'il' De-
fore leave this branch of the subject, call your at'en
ton both TO this and other States, making distinction
between citizens of different States. BY our laws
non resident sueng in this State has 10 give bona nfa
security for costs, whereas u IS mol required %
our own citizens The exercise of the right OF suffrage
besides numerous other cases making distinction,
might be cited. ..a ,,o,,
In Ohio the land Of non, residents is taxed much
higher than that belonging to citizen. Our own Ct
items and the citizens OF every other State except
New York would be made to answer Tor the violation
of our laws in stealing slave: and will any one oeny
the right to make distinction between those VINO are
authorised by the power that protects them IN piunoer
inc us of property, and those who are mace res
ponsible to US for their conduct Would i be right or
lust to inspect the vessels Of citizens of New Hamp-
shire. and put her citizens the same footing with
those of New York; For one, never will agree TO IT.
We have appealed to that little State to sustain US
!, tbe demand we have made on New York, and she
has noby responded to appeal, by condemn'ng IN
mastery and ably written report and resolutions
the course of the Governor of New York For i, she
has my thanks, and hope those Of every true V'rg'
MAN.
care not to what party those who sustained US BE-
onged for, on this question know no party, and II
did, should be traitor to my State, and unworthy
the confidence of those who sent me here
The other constitutional objections urged asa,ns.
this bill, it might be proper to answer here o"t
r ky my