The Ohio organ, of the temperance reform. (Cincinnati, [Ohio]) 1853-1854, 1853-03-25

and hence it has been supposed that
they are regulations Of foreign COM
merce. But this Court repel the con-
clusiOn and maintain. their constitu-
tionality, because they are police reg
ulations Of the States and derived
from a right reserved, to make and
execute such laws-and are not there
fore regulations Of foreign commerce
+-tho' for the purpose Of protecting
life, health and property, they neces-
sarily deal with it. The court will
not consider a State Iaw-made in the
exercise Of lawful authority, and in
the exercise Of power belonging to
the State--a law regulating foreign
commerce, tho it may act upon and
influence such commerce.
p. 574.-C. ]. fancy. (Itfollows
that) alaw Of Congress regulating
commerce with foreign nations or
among the several States--is the SUI
preme laW--and if the law of a Stale
IS in conflict with it, the law of Con-
gress must preVaiL- the State law
ceases to operate so lar as it is repug-
nant to the law of the United States.
iiP. 579,--SAME.--The controlling
and supreme power over commerce
with foreign nations and in the sew
eral States is undoubtedly conferred
upon Congress- yetfn my Judgment
the State may nevertheless for the
safety orconVenience Of trade, or for
the protection Of the health OF its citi-
zens, make regulations Of commerce
for its own ports and harbors, and for
its own territory. =
p. 5s0.-SAME.-f As to pilots and
pilOtags.) Every pilotlawinthe COM
mercial States has, it is believed, been
either modified or passed since the act
oi '89 adopting those then in force
and the provisions since made are all
void --if the restriction Onlthe power OF
the States, now contended for, should
be maintained-and the regulations
made, the duties imposed, the securi-
ties required, and altiesinhieted by
the various State laws, are mere null.
ties, and could not be enforced in a
Court Of Justice. 1t is hardly neces-
sary to speak of the mischief which
such construction would produce to
those who are engaged In shipping,
navigation and commerce. Up to this
time, their validity has never been
questioned on the contrary, they have
beenrepeatedly recognized and upheld
BY the decisions Of this Court, &C.
P. 58i.-SAME.-StiIl it seems to
me to be clear that the opinion in
thatcase, [Gibbons Y. Ogden, when
taken altogether and with reference to
the subject matter before the Court,
establishes the doctrine that State
may in the execution Of its powers Of
internal police, make regulations Of
foreign commerce, and that such re-
g1latons are valid unless they come
into collision With a law Of Congress,
ZIP. 590.--M McLEAN.--They Health
Quarantine, &C., are not regulations
Of commerce, but acts of self-preser.
walton. And although theyeffect COM
merce to some extent, yet such effect
is the result Of the exercise Of an uh-
doubted power INTERSTATE. a1
hsP. 6O4l-CATRoN- Commenting
on Wilsonv. Blackbnd Creek, WASH
ing CO., 257j quotes approvingly9|
eff Congress had passed any act
which bore upon the case, any act in
execuGonof thepower to regulate COM
merce, The object of which was to con-
troll State legislation over those small
navigable creeks into which the tide
flowsg and which abound throughout
.he lower country Of the Middle and
Southern States, We should not feel
much difficulty Id saying, that d State
law coming in conflict with such act
would be void. But Congtsss has
passed no such act. The fepugnancy