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

Il. 6U6--SAME.-Owlng to situation
Sna climate, every port and place
where commerce enters, a State must
have peculiarities initsregulations, and
then itwould be exceedingly difficult
for Congress to make, nor could it de-
puts the power to corporations, as the
States do. The difficulties standing
in the way of Congress are fast in,
creasing with the increase of COM
merce, and the places where it is car
ried on" &c. l admit that this con-
dition Of things does not settle the
question Of contested power; but, it
satisfactorily shows that Congress can
not do what the States have done, are
doing, and must continue 10 do, from
a acontrolling necessity, even should the
exclusive power in Congress be main
tanned by our decisions,
P, 607.-SAME.- And in regard
to the third, regulating the details Of
commerce. Congress has stood by for
nearly sixty years, and seen the States
regulate the commerce of the whole
country, more or less, at the ports Of
entry and at all their borders, without
objection, and for this Court now to
decide that the powers did not existin
the States, and that all they had done
in this respect was void from the be-
ginning, would overthrow and annul
entire codes of State legislation on the
particular subject. We would by our
decision expunge more State laws and
city corporate regulations, than Con-
gress is likely to make in a century
on the same subject, and On no better
assumption than that Congress and
the State Legislatures had been alto
gether mistaken as to their respective
powers, for fifty years Or more. If
long usags, general acquiescence, and
the absence Of complaint can settle
the Interpretation of the clause in ques-
ton, then it should be deemed as set
tied in conformity to the usage by the
Courts.
p. 615.--D DAEiEL. IT cannot be
correctly maintained that State laws
which may remotely or incidently af-
feet foreign commerce, are on that ac-
count to be deemed void. 10 render
them SO, they must be essentially and
directly in conflict with some power
clearly invested in Congress by the
Constitution; and / would add, with
some regulation actually esta6lishsd.b by
Congress in virtue Of thatpOweri
0P. 618.-W WooDBURY.-It is not
enough to fancysome remote or indi-
rect repugnance to acts Of Congress,
/" a potential inconvenience, " in order
to annul the laws Of sovereign States
and overturn the deliberate decisions
Of State Tribunals. There must be
an GctuGl collision, a direct ineonsist-
ency; and that deprecated case Of
I" clashing soyereignties," in order to
demand thejudicial interference Of this
Court to reconcile them.
K P. 622. -Do.ABut there is much
in connection with foreign commerce
which is local within each State-con-
venient for, its regulation and useful to
the public, to be acted on by each till
the power is abused, or some course
is taken BY Congress conflicting with
asH the deposit of ballast in
harbors--the extension Of wharyes
into tide water--th supervision Of the
anchorage Of ships--the removal Of
distractions the allowance Of bridges
with suitable draws and various other
matters that need not be enumeratedJ
besides the exercise ofnumerous police
and health powefsgwhieh are also by
many claimed on different ground.
p. 626:.AD ADo These States are as
incapable Of duplicity or fraud in their
laws, of meaning one thing and pro.
Tossing another, as the purest among
their accusers; and while legitimate
and constitutional objects are assigned