The Science of Government As Exhibited in the Institutions of the United States

Cover The Science of Government As Exhibited in the Institutions of the United States
The Science of Government As Exhibited in the Institutions of the United States
Charles B Charles Bishop Goodrich
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No state can interdict a vessel which is about to enter her ports, in conformity with the laws of the United States, nor impose any restraint or embarrassment on such vessel, in consequence of her having entered in conformity with these laws. " This opinion was not given in consequence of any supposed illegality or inhumanity exhibited in the purpose of the state statute, but because the state had no authority to say whether a vessel should be navigated in part or in whole by a particular class... of persons. A subsequent attorney-general of eminent ability gave a different opinion, upon the ground, that the statute might be regarded and sustained as a mere police regulation. Upon principle, a state has the same power and authority to say, a vessel shall not be navi- gated by free persons of color, as it has to say, a vessel shall be navigated by a pilot appointed by the state. It can impose penalties in the one case, so well as it can in the other. In my judgment, a state cannot constitution- ally do either.

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