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[Hall, J. Prescott]:

SUPREME COURT OF THE UNITED STATES. CHARLES A. WOOLSEY, ADS. THE UNITED STATES OF AMERICA. ARGUMENT FOR THE DEFENDANT.

[np: 1839-1840?] 18pp, disbound, caption title, clean text. Very Good. Woolsey, "master of the steam boat Providence," was prosecuted for violating an 1838 federal statute "to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam." Woolsey had tried to make it from Providence to New York during a gale, and was deemed to have exercised bad judgment. The United States claimed authority to enact the statute by virtue of the Constitution's Commerce Clause, granting to Congress the power to regulate interstate commerce. Hall argued that this power did not permit Congress to intrude in areas regulated by the States under their inherent powers to provide for the health and safety of their citizens. "State inspection laws, health laws and laws for regulating the internal commerce of a state, are not within the powers granted to Congress." The issues raised important questions about the intersection of State and Federal authority but, as the Washington National Intelligencer reported, Chief Justice Taney dismissed the case for want of jurisdiction. ["Supreme Court of the United States, Tuesday, March 3, 1840," Washington National Intelligencer, March 5, 1840, Page 3.] After serving as master of the Providence, Woolsey became Superintendent of the Jersey City Ferry from 1845 until his death. Not located in Harv. Law Cat., Marke, Marvin, Sabin, American Imprints, Cohen, NUC, or on OCLC as of October 2014.


Book Id: 20814

Price: $275.00

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