Page:Federal Reporter, 1st Series, Volume 6.djvu/343

 HATCH V. WALLAMBT IKON BEIDUE 00. 331 �that such water is wholly within the state is immaterial, if it is accessible from another state, or forma a part of a naviga- ble way between itself and other states. �If, then, this bridge, in its construction or effect, is in con- flict with either of these acts of congress, it is so far unlaw- ful; and, if injurions in its operation to the rights of the plaintiffs, is a nuisance, and may be prevented or abated. But if it does not contravene such law, then, however it may inconvenience or obstruct the navigation of the river, this court cannot interfere. The power of congress to regulate the navigation of the river does not execute itself; nor can this court enforce it until congress bas declared its will on the subject. TJntil then the power is dormant, and the authority of the state is sufficient to justify any structure or obstruction that may be placed therein. �In this case the defendant insists that it is building this bridge in pursuance of a law of the state, and that there is no law of congress upon the subject to the contrary, and therefore it is lawful. Does the law under which Hatch's steam-boat is authorized to engage in the coasting trade con- flict with the act of the legislature authorizing this bridge ? Upon the authorities I do not think it does. The supreme court seems to have been careful not to declare a conflict between state and federal legislation on this subject upon mere implication ; and the reason of this is apparent. Con- gress can at any time declare specifically what shall be a lawful bridge and what shall not; and as it belongg more properly to the political than the judicial power to determine such questions, the courts will not assume that a bridge is an unlawful obstruction because it incidentatly conflicts with or iimits some right or privilege claimed or existing under an act of congress. �A license to engage in 'the coasting trade means eoine- thing. As was said by Mr. Justice ^wayne, in Gilman v. Philadelphia, supra, it "carries with it right and authority. ' Commerce among the states ' does not stop at the state Une. Coming from abroad it penetrates wherever it can find navi- gable waters reaching from without into the interior, and ��� �