Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-05-25

iio''? .' r,,,her necessary than 70 of
.he!h Is nv nasr,nce is against The posnrn ~
'nen Paness in the sense above men..o ,a'ance
- .ccenIa,ion beyond an ac'uai ih's. nos in
w auo unavoidable and essential iepu lta'aI .c.
w., -. n,,ure OF The separate Stale anu
ton. n;n,tion of these
onl.ions be useless If, indeed II ~oa' 80, hit
;,resuIs, since the decision al tue ias. Mo-,
one of This court. upon the license ,,e,sh;re
sachu,etts, Rhode Island and we" 10 dac;.;on
reoorted in S Howard, 5O4, oy ~ni. WIZ, 80 30
The eceding cases upon tn's SUN in
viewed and the character "
The mower delegated 10 Congress, i.is 49, a."
denied. II was my purpose, WI" s"., - nass
reference to The decisions u '"'s 80 :,
from the point OF exclusivehess ~ TIC po". y.
conpre.s over commerclal reeu'a"o"'' ~ o."s'
orss,;ons involved IN the present cause, OUT Ger
y y - no.,,;ons inst confidently stated from We
hanch seem In require pause I'D my progress
L., enough IN show the Inconsistency Oh I'M sc
nosit,ons with the onstilulioh-.he'r une eo"'
a,ct indeed. with themselves. Inus, ~ i"e a'eu
-, - o,,o,.,n The eXcusiveness oil the CONNER
o;ai nou ar in Congress, it has been atirmed tha'
49,, n,u e,s or the iederal government being com,
,,s,r and within the scope of their design aho
pph;a.,s admitting Of no PARTITION, the STATE GO
v.,.u,,e,,s can exercise no powers aieciing SUD-
800 faIl;oy within the range of federal suihori'
- .c,uaI or potential, or IN suoornihat'oh "
,bs federal government; yet It IS remarRaoie 'na'
~. assertion has been followed 10 Inc same
breath by the concession, that The pilot avs are
- some extent, regulations of commerce, AND
,b.t nilot laws though enacted by the states
s" ,po.,,,,,ional and are valid. and operative
,,,,,, ,hay shall be controlled by federal legisia
ton. .s,;,,,;on
Again: the very language OF the consti'u'io"
NAV be appealed TO for the recognition Oh pow,
ers 10 be exercised by the States until ihey s',a'
bs suoe,seded by paramount authority 'es'eu
IN ,he fedora government Instances OF 'iese a.
The mowers 10 Train militia, 10 lay ounes OF il,.
oos,s nm imports or exports, So far AZ ms snd'
he necessary 10 execute the inspection law
md The provision IN the Alb section OF the HIS
srr;cle Of the constitution declaring lha' the
lines pIaces, and manner OF holding eiec''ohs
far Senators and Representatives, shall De pre-
scribed in each Stale by The Legislature tneteoi
snhi,cl 10 The power of Congress al any nIc 10
sI,sr snch regulation. Here, then, are examples
M, nv The constitution iiset which wholly over
throw mis- idea OF necessity Tor universal e1c'u'
s;veoess in the invesure OF federal poweii e5d"''
MICS surely not oi minor importance 70 d"y
vbicb can be derived from the ordinary ealeeu-
cies of trade. l must stop, too, here long eho'su
10 advert 10 citation which has oeeh '''due ~
spnport OF The idea OF exclusive cohui1 :,
nom.r fro n The orinion OF The late Justice Bal'-
win in the case II Grove Us. Siaueh'ei, ;" ="
IS Pei p. Sill. Win rgtTd Ia lniS opinion' ;
would seem 10 be enough 10 deprive y VI o'n-'
in uence as authority, 10 remark 'Aa' )" q :,
dissent by single Judge; and ms OPINION snou'u
have still less weight mere or eiseS ere w ;.
Iii ~ understand 10 have asserted Inc exiraor-
binary doctrine that the States OF Tins Union can
nav. M mower 10 prohibit The introduction ol
ala ves within their terfiuIy when carried tE'hei
for sale O. traffic, because The power 10 Iesu'd~
commerce is there asserlei In reside IN congress
alone Il may safely be concluded, 'hihk' .na'
he instice VINO cies, with seeming appinoa''"'
he oninion oil Mr.. Justice Baldwin, WI hesi-
tate 10 follow il TO the eccentric anu starving COZ
clnsion 10 which that opinion has atiSineu'
In oppos,ion to the opinion OF Justice baio'
win, | will place the sounder and more or'ho'
dox views Of Justice Story upon Tins cram ~
exclusive power in Congress, as expless III
the case Of Houston and Moore, in Wheat 81
with cIearness and force so striking as 10 war
rant their insertion here, and such as mus'
strongly commend them 10 every constitutional
LAWYER. The remarks of Justice Story are these'
.Ouestions of this nature are always oil grea'
importance and delicacy. They Involve inter'
e,ts of so much magnitude and OF such aeeP
and permanent public concern, mat iney cannon
but be approsched with uncommon Anxiety
he sovereignty OF State in The exercise OIL us
legislation. is not TO be impaired unless II DC
clear that it has transcribed lis legitimate au'
,hority; nor ought any power 10 be sought, much
less 10 he adiudgcd, in favor OF The United
States. unless IL be clearly within the reach OF
,ts constitutional charter. Setting here, @e are
no, a, liberty to add one lot OF power to the ma
,ional government beyond what The people have
GRANTED BY the constitution; and, on the other
maud, we are bound 10 support the Constitution
as i, stands, and TO give fair and rational scope
10 all the powers which it clearly contains.
The construction containing grant of power:
in many instances similar TO those already ex
isting in the Suite governments. ana some o
these being Of vital importance 10 Stale autnori
" and Strle legislation, it is not 10 De admi'.e'
that mere grant Of such powers IN affirmative
term, to Congress, does PER Sc transfer an eS
elusive sovereignty on such subjects to the LAT
ter. On The contrary, reasonable in'efpre
lion Of that instrument necessarily leads 10 me
conclusion, that the powers so granted are never
exclusive of similar powers existing IN the
States, unless where the constitution mas eA
pre,sly 10 terms gwen an exclusive power L
Congress, or the exercise of like power l.
prohibited 10 the States, CT there is a direct re
pugnance or incompsiib,li,y in the exer
c,se d il by Inc state. la all o'her CAST
not falling within the classes already m"n'i"n
ed. il seems unqueslionabl. hat The States re
;ain concurrent authority with Congress, not on
" upon n, letter and spirit Oi he eleventh amend
men, Of the constitution but upon The soundes
puDclpes OF oencfal reasoning. There i IN
reserve, however, mai III Gases II concurrent hu
ihuriiy where b. laws II iht States ana 81 I'M
Union are in direct and manifest COLLISION on IN
same subject, Inose of The Union oeibs the su
preme law OF the land are OF paramount auhor
NV. the State la far and SO far only, as sue
ineom pati6iity eJtsts, must necessarily y,eid :
Sucn are the general principles ny wfich my
Judgment is guided IN every investigation ~
constitutional points. DO mol Know mat thel
have ever been seriously doubled. ihey com
mend themselves by their lnTlnsIc equiy, aE'
have been amply justified by The opinions oil lh'
great men undrt whose guidance the Constitution
was framed, a, w,ii as by The practlce Of I'M
Government, OF the Union To desert them |oul'
be to deliver oufseve. over to endless doubts aut
difficulties, and probably to hazard The existence
OF the constitution lsei." Here, indeed, is :
commentary on the constitution worthy OF uni
versal acceptaticn.
AS the case OF Gibbons vs.. Ogden has beer
much relied on in the argument Of these case
and is constantly appealed 10 as The AUTHORITATIVE
assertion OF the principle OF e1clusveness in n
power in Congress 10 regulate commerce, II 4
proper here 10 inquire, how far the decision 9
GIBBONS and Ogden atlims this principle 50 OF
ten and so confidently ascribed % i; and alter al
that has been said On this subject, II may be maj
ter of surprise 10 learn, that the court, in IN
decision ABOVE mentioned, so far IRON affirming
ina, principle emphaticaliy disclaims all inen
lion TO pass upon II. |, is true that the court, II
speaking OF the power 10 regulate com,ccrc. YES
ted 10 Congress by the constitution, says that Ink
all other powers vested in Congress iii is con,
plete in itself, NAV be exercised 10 us utmost tx
tent. and acknowledges no limitations olhrr ma
are comprises BY the constitution" How IA
exclusvensss in lis nature or IN the mcdes 81 u
exercise are indispensable 10 This completeness Q
the power ,lseit. the court does moi say bul, a
has been already remarked, declares its inlealiol
no, TO speak on these topics. These are III
f. Stpo