Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-04-09
No. ul.--VOLUME XXXElI.

adjoining State in another great district, IN man
nrr and subject only to the regulations that are now by
law required TO BE- observed by such vessels IN trading
from one district to another in the State, from
district in State to district the next adJon
ing State, any thing IN any law to the contrary not
outstanding.
This is the section relied upon 10 shew that the bill
before the House cannot be carried into effect without
conflicting with a law Of Congress.
But it il obvious that It IS only designed to provide
tia, such vessel is only t. be subjected to coastng re-
guations in coniradstinclon to such a. apply 10 dlt-
ierent class of vessels and IS not meant 10 prohibit
the States from making such police regulations as
their safety NAV require. Besides those contained III
tins act there are many other regulations superseded
by the States. The port charges the quarantine regu-
latons, &c., night be nstanced and their consttI-
honnty IS not questioned.
Ii the power TO regulate commerce is concurrent and
be exercised by both Congress and the States this
Argument at end for il not, and cannot be shewn
that the bill nterieres even with any congressional rr-
mlation Of commerce, much less that II conflicts with
any such regulation.
/ The rgumcnt thus far, is conducted upon the sup
POSITION that this bill is regulation Of commerce. and
that the power pass it only be derived from the
power 10 regulate commerce. This position has only
been conceded for thu sake Of arugment | utterly
deny both propositions contained IN 1t.
In the ilrst place, this bill IS mol regulation Of COM
MERGE Ii does not interfere IN any way with com
MERGE What is commerce; 1t is defined to be the
exchange Of one thing for another; the interchange
Of commodities, trade Or traffic. Tins bill does not
affect commerce, but narigattOn. And the power Of
Congress that subject IS only incidental No d.
rect power given TO Congress navigation, and
it only possesses such power is incidental 10 the
power to regulate commerce. There can be no doubt
that the States possess concurrent power over navi
gaton-a power which is only restricted far they
are prohibited by the Constitution Of the U. 5. from
| laying any duty on Tonnage This restriction implies
that but for il the States would possess even the right
lay tonnage duties, and that all other Instances
SILL II
power of the States navigation which has enabled
them to pass pilot laws The consttuionallly Of these
laws, only have not been questioned, but II has
bren ad Omitted by Congress IN the adoption of them.
The adoption Of them by Congress prcsupposes their
constltutionality.
1t surely will not be contendcd that the States
not enact any laws which may Interfere with laws Of
Congress passed under incidental powers Such
doctrine would deprive the States OF all power Of legs
laton. The laws Of Congress passed TO carry INTO e.
feet the incidental powers Of The General Government
exceedingly numerous. They cover nearly the
whole field Of legislation. Tins proposition Is too
clear 10 need or admit Of illustration
So far from its being that the States cannot pass
any law ntcrfcrin. with laws OF Congress, enacted IN
der incidental powers the OF the proposition -
true A law of Congress- passed under an incidental
power, which should conflict with a statute OF any
State which necessary for the protection OF TIE
property Of citizens, would itself be unconsiItuiio
A. Congress has power 10 pass such laws, TO carry INTO
per" for that purpose: and IT can pass none Others
than such as are both necessary and proper. Now,
hold that law Of Congress passed 10 carry into effect
one Of its powers would be proper law, which would
conflict with State law that was necessary Tor the
protection of The property of It's citizens. II Congress
could carry into effect ITS power IN any oter way,
would be bound to do H.
have shcwn that tins bill IS not regulation Of com
mercc. It does not affect commerce 1t does to some
extent affect It's incident navigatlon but II does not
4, tim llyy n
subject We are not anticipate, Tor the reasons
riycn that any law Of Congress will in future be pass
ed conflicting with II.
Admit for the sake OF the argument, that Congress
possesses the exclusive power to regulate commerce
that the States enact such regulation and that
this bill does interfere with commerce Yet contend
that all this does not prove the bill TO be unconstitd
tional II is not proved 10 be until It IS shcwn that
the power pass only be dervedi from The power
10 regulate commerce. If the power may be derived
from another source within State authority, may
pass the bill although tmny affect commerce very con
sderably. II is no new idea that laws passed under
different powers, may interfere with each other, ana
vet he constitutional In complex system cases Of
the will be Of frequent occurrence In tue case OF
Gibbons 4. Osden Judge Marshall said
s.1he idea that the measure might, according
10 circumstances be arranged with different classes Of
powers was novelty TO the trainers OF our Consti'-
ton. II State, in passing laws on subjects ackno"-
cdrcd 10 be within its control and with view to those
subjects shall adopt of the same character
with which Congress may adopt 1t does not derive
its authority from the particular power "hch mas peeh
granted but from other, winch remains WIN inc
State and may be executed by the same means. All
shews that the measures, or measures
scarcely distingushabe from each other, may how
from distinct powers but tins does not prove that the
powers themselves are identical. Although the means
used in their execution may sometimes approach each
other 50 nearly 10 be contoundcd, there are other
situations in which they sufficiently distinct TO cs.
tablish their diyidualIty.
"But the inspection laws are said to be regulations
of commerce. and are certainly recognized IN the Con-
stuton, being passed III The exercise u power r.
naming with the States.
..That in spection laws may have remote and con-
siderable influence on commerce, viii not be denied;
but that a power regulate commerce Is the source
from which the right 10 pass them derived cannotbc
admitted:
They form portion Of that immense mass Of legs
ation which embraces every thing within the territory
of State surrendered 10 the General Government;
all which can be most advan,agcousy exercised by the
States themselves Inspection laws, quarantine laws,
health laws Of every description, as well az all laws
for regulating the internal commerce Of State aud
those which respect turnpike roads, ferries, &c are
component parts Of this mass.
twill be seen that The learned Judge admits that
inspection laws have considerable influence upon
commerce, and are recognized in the Constitution a.
self as being passed in the exercise of power re-
naming to the States. The language Of the ConsIu-
ton Is,
''No State shall lay any mposls OF uuues upo" NJ
ports exports except what may be absolutely neces
sary for executing its inspection laws
The power to pass inspection laws is not given, but
recognized to exist already.
This bin is not passed with view 10 regulate com
MERGE and the authority 10 pass il IS not derived rom
The commercial 20 yer Ii IS enacied 10 protect The
property of the citizens Of this Commonwealth ami
The power to pass derived from the State power !"
enact all laws which necessary Tor mat purpose.
The bill is enacted for purpose not WITHIN inc Jufs
dicton Of Congress.
There are variety of laws which affect commerce
more directly than the measure before the House. the
consuonaliiy Of which are admitted ny our p'lo.
lns All vessel. Of particular forbidden 10
dena,t from The State without taking pilot on board,
~ having his fees But it may be said that Congress
has adopted the pilot laws, and hence is that they
are valid So far from this being the case, the adop
ton of them BY Congress presuPposes their constitu
,onality Congress only possesses delegated powers,
and il cannot exercise them by adopting, in general
terms the laws Of another Government. But the law
Ia, he ia,,..