The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1868-08-20

as well as persons, and therefore prove
nothing. While some of the judges VIII
honoured in holding those laws to be IN
constitutional, gave as one of their reason
that they were taxes on imports, it is eviden
that this view did not receive the assent of
majority of the court. The application @
this provision OF the Constitution to tn
proposition which we have stated in regar
to the citizen, is still less satisfactory thai
it would be to the case of foreigners migrat
ing to the United States.
But it is unnecessary to consider thi
point further in the view which we hav,
| taken of the case.
| As regards the commerce clause of TIT
Constitution, two propositions are advanced
on behalf Of the defendant in error. l. Tha
the tax imposed by the state on passenger.
is not regulation Of commerce. =. That i
it can be so considered it is one of those
! powers which the states can exercise, unit
| Congress has so legi>lated as to indicate its
intention TO exclude state legislation on the
same subject.
The proposition that the power to regulate
| commerce, as granted to Congress by the
Constitution, necessarily excludes the exer-
else by the states of any of the power thus
granted, is one which has been much con-
sidered in this court. and the earlier dis
cussions left the question in much doubt.
|
opinions of the judges in the Passenger
Cases show that the question was consd-
cred to be one of much Importance in those
cases, and was even then unsettled, though
previous decisions of the court were relied on
by the judges themselves deciding ii in
different WAYS. II was certainly, SO far as
those cases affected it. left an open question.
In the case of Cooley vs.. Board of War
dens, II Howard, 29', four years later, the
same question came directly before the court
in reference to the local laws of the port of
Philadelphia concerning pilots. 1t was
claimed that they constituted regulation
of commerce, and were therefore void. The
court held that they did come within the
meaning OF the term Ito regulate COM
merce," but that until Congress made regu-
latlons concerning pilots the states were
competent to do so.
Perhaps no more satisfactory solution has
ever been given of this vexed questian than
the one furnished by the Court in that case.
After showing that there are some powers
granted to Congress which are exclusive of
similar powers i'll the States because they are
declared to be So, and that other powers are
necessarily so from their very nature, the
Court proceeds to say, that the authority 10
regulate commerce with foreign nations and
among the States, includes within is COM
pass powers which can only be exercised by
Congress, as ell as powers which. from their
nature, can best be exercised hy the State
Legislatures ; to which latter class the Tegu-
la,ion Of pilots belongs. Whatever sub
iects Of this power are in their nature nation
al. or limit of one uniform system or plan
Of regulation, may justly be said to be Of
such nature as to require exclusive legi>la-
ton by Congress. In the case Of Gilman
VS.. Philadelphia Wallace, 1l3, this doctrine
is rea ttrmed, and under 1t bridge across a
stream navigajle from the ocean, authorized
by State law, was held To be well authorized
in the absence Of any legislation by Congress
affecting the matter.
II may be that under the power to regulate
commerce among the States, Congress has
authority to pass laws, the operation of which
would be Inconsistent with the tax imposed /
" the State Of Nevada, but we know OF no /
such statute now in existence lnasmnch,
therefore,. as the tax does not Itself lnstl ute ,
my regulation of commerce Of national
or which has uniform operation
,yer the whole country, it is not easy TO main /
ain, in view OF the principles Oh which those .
asses were decided, that il violates the clause
# the Federal Cons tuition which we have
lad under review.
But We do not concede that the question
efore US is to be determined by the two
lauses of the Constitution which we have
cen examining.
The people Of these United States consti-
ute one nation. They have government in
;hich all oil them are deeply interested. This
government has necessarily Capital estab-
ished BY law, where its principal operations
re conducted. Here sits its legislature,
omposed of Senators and Representatives,
rom the States and from the people OF the
tates. Here resides the President. directing