National Supremacy; Treaty Power Vs. State Power
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To quickly assess the difficulty of the text, read a short excerpt:
Defendant had been indicted under the act of March 3, 1825, " more effectually to provide for the punishment of certain crimes against the United States." His offense was the theft of certain goods belonging to a British vessel which had been cast away on a shoal of sea, on the coast of the State of New York.
As the goods had been carried by wind and wave " I Stat. L 112. " 12 Pet. 78.
POWERS OF THE UNITED STATES 251 above the high-water mark and, therefore, beyond the admiralty jurisdiction of... the United States, de- fendant's counsel urged that the crime occurred within the exclusive jurisdiction of the State. This argument was answered by Attorney-General Butler, by basing the act upon the power of Congress to regulate commerce, which " necessarily includes the power to protect the goods which are the subject of commerce, and it is of no consequence whether the commerce is foreign or domestic." The opinion of the unanimous Court was delivered by Justice Story, who pointed out that the act of 1790, with reference to piracies and felonies, did not confine itself to these offenses solely when committed on the high seas but also punished offenses on land in con- nection therewith, that a series of acts having reference to the collection of the revenue punished ofifenses within the borders of the States, that the ship registry act of 1792, the act of 1793 for the enrollment of vessels in the coasting trade and the fisheries, and numerous other acts, did the same.
What to read after National Supremacy; Treaty Power Vs. State Power?
You can find similar books in the "Read Also" column, or choose other free books by Corwin Edward Samuel to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Defendant had been indicted under the act of March 3, 1825, " more effectually to provide for the punishment of certain crimes against the United States." His offense was the theft of certain goods belonging to a British vessel which had been cast away on a shoal of sea, on the coast of the State of New York.
As the goods had been carried by wind and wave " I Stat. L 112. " 12 Pet. 78.
POWERS OF THE UNITED STATES 251 above the high-water mark and, therefore, beyond the admiralty jurisdiction of... the United States, de- fendant's counsel urged that the crime occurred within the exclusive jurisdiction of the State. This argument was answered by Attorney-General Butler, by basing the act upon the power of Congress to regulate commerce, which " necessarily includes the power to protect the goods which are the subject of commerce, and it is of no consequence whether the commerce is foreign or domestic." The opinion of the unanimous Court was delivered by Justice Story, who pointed out that the act of 1790, with reference to piracies and felonies, did not confine itself to these offenses solely when committed on the high seas but also punished offenses on land in con- nection therewith, that a series of acts having reference to the collection of the revenue punished ofifenses within the borders of the States, that the ship registry act of 1792, the act of 1793 for the enrollment of vessels in the coasting trade and the fisheries, and numerous other acts, did the same.
What to read after National Supremacy; Treaty Power Vs. State Power?
You can find similar books in the "Read Also" column, or choose other free books by Corwin Edward Samuel to read onlineMoreLess
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