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Cooley v Board of Wardens
(Philadelphia)
S. Ct. 1851
Author: Sam Biers
Facts: Cooley a consignee of two vessels
that sailed to and fro Philadelphia via the Delaware River with
out the required local pilots. Pennsylvania passed a
statute requiring owners or consignees to accept local pilots to
navigate the Delaware River. Half of the pilotage fee was
the penalty upon the owners or consignees who failed to
adhere.
Issue: Whether Congress, having the
exclusive power to regulate commerce, by omitting the regulation
of pilots, conferred that aspect of the commerce clause upon the
individual States, namely Pennsylvania in this case?
Holding: Yes
Procedure: Def brought writs of error under
the 25th Section of the Judiciary Act. Judgment for
the Plaintiff by S. Ct. Penn. Reversed
Rule: All pilots in the bays, inlets,
rivers, harbors, and ports of the United States shall continue to
be regulated in conformity with the existing laws of the States,
until further legislative provision shall be made in Congress.
Act of 1789, enacted 1803[same year as Penn’s statute].
Ct. Rationale: The act of 1789 contains a
clear and authoritative declaration by Congress, that the nature
of this subject is such , that until Congress should find it
necessary to exert its power, it should be left to the
legislation of the States. The act declares that pilots shall
continue to be regulated by such laws as the States may
respectively hereafter enact. The nature of the power and
the nature of the subject on which that power was intended to
operate are indifferent. Congress legislated an exception
to commerce Beginning in this country the subject of the
power has different requirements for regulation. The
systems to manage the regulations are dependent upon local
knowledge, experience, and conforming with local wants.
PL A: Mere Grant of power to Congress
compatible with existence of similar power in states does not
imply prohibition. The Act of 1789 confers power to pilot
upon the states.
Def A: Whatever subjects come
under the regulation of commerce and are in their nature national
requires exclusive control by Congress.
Cooley was a balancing act between the State’s
interest and the National Government’s powers.
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