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White's Bank v. Smith

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eBook details

  • Title: White's Bank v. Smith
  • Author : United States Supreme Court
  • Release Date : January 01, 1868
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Mr. Haddock, for the appellant, contended that the act of the legislature of New York, so far as it required chattel mortgages upon vessels to be recorded, was a regulation of commerce, and therefore repugnant to that clause of the Federal Constitution which provides that Congress shall have power to regulate commerce with foreign nations, and among the several States. In Steamship Company v. Portwardens,2 where a statute of Louisiana, imposing a tax upon vessels, was declared repugnant to the Constitution of the United States, the court says: 'The power to regulate commerce was given to Congress in comprehensive terms. It was thus given with the obvious intent to place that commerce beyond interruption or embarrassment, arising from the conflicting or hostile State regulations.' So here the subject-matter, having been acted upon by Congress, was placed beyond the reach or control of the States. Mr. Rogers, contra:


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