Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-12-03
Gov. MILTON ON BLOCKADE RUNNING.

Governor Milton in his recent message the Legis.
lature of Florida recommends the making of law,
with severe penalties to prevent the citizens Of the
State from engaging in the fraudulent specuations and
demoraizng influences incident to running the block
ade.
He then proceeds to argue the question Of the au-
thority Of the Legislature over the question:
It may be question for your consideration whether
the State Legislature has the authority 10 enact any law
concerning the running of the blockade. Before eI-
aiming WHETHER under the Constitution, any law can
b, enacted ncerniDg the subject of running the block
ade itself, will make known TO yeu the opinion en-
terrain as TO the rghtfu power OF the State 70 control
the action Of is citizens and the expectation OF any 81
the products Of It's soil do not believe that lag TO
control the citizens Of the State 10 reference to Any
ton which Is injurious to the public or detrimental TO
their welfare with truth be said to in GOLF ct
with the right power to regulate commerce, which,
BY the constitution has been delegated the Congress
OF the Confederate States.
Each State must be the judge for ieeN a. to What
acts Of its citizens operate Djuriousy the public in
tees and has the right by the law to restrain them.
To hold otherwise would be to surrender one OF the
most important rights of sovereignty and to deprive
State of one OF the most essential powers for the regu
atiou of its internal Affairs This right and power has
been decided exist In the OF Crib vs the State
in the 9th volume Of Florida Reports, page l47 the su
preme Court declares, 'there be no question that
each State being sovereign and independent possesses
and must possess the Inherent right and power over
her citizens and of controlling her inhabitants resi-
dents while they remain residents. This ID matter oil
police andiinternal arrangement for the common vel
fare Of all the people being the judges for themselves
what shall be grievance we'll matter OF public
convenience or inconvenience. Under this power the
State has . right to declare what public grievance
10. $50
Gan the State, also by legislation, prohibit the eIpor
taon Of any of the products Of its soil The principle
which susians It's right to control IL inhabitants applies
think with equal TO- cs to is productions Indeed, IL
would be difficult to conceive how the latter could be
excluded when the former Is within the operation OF the
rue The Supreme Court of the United States, in the
case of Gibbon va. Ogden, Wheat, affirmed that,
in the mass of power surrendered to the General
Government inspection laws, quarantine laws, health
laws IS we'll a. laws for regulating the internal COM
merce of State, are included and they rsafrm this
declaration in the case Of the city of New York vs..
Milne, PEERS 102 subsequently decided The Court in
the case last cited also held hat State has the same
deriable and unlimited jurisdiction over all persons and
things within it territorial limits any foreign nation,
where that jurisdiction u not surrendered or restrained
by the Constitution Of the United States That BY vir
tue of this s not only the right but the bounden and
solemn duty OF State, TO advance the safety, happ-
ness and prosperity of s people, and to provide Tor ita
general welfare by any and every act of its Legislature
which may deem to be conducive to these snd where
the power over the particular subject the manner OF
its exercise is not surrendered restricted in the man
ner Just sasd that all these powers which relate TO
merely municipal legislation, or what may, perhaps,
more properly be called internal police are not thus
surrendered or restrained and that consequently in
relation to these the authority Of State u complete,
unqualified and exclusive"