on the law of that State prohibiting the importation of slaves, as an
example of a commercial regulation enacted by State authority. That law
may or may not be constitutional and valid. It has been referred to
generally, but its particular provisions have not been stated. When they
are more clearly seen, its character may be better determined.

It might further be argued, that the power of Congress over these high
branches of commerce is exclusive, from the consideration that Congress
possesses an exclusive admiralty jurisdiction. That it does possess such
exclusive jurisdiction will hardly be contested. No State pretends to
exercise any jurisdiction of that kind. The States abolished their
courts of admiralty, when the Constitution went into operation. Over
these waters, therefore, or at least some of them, which are the subject
of this monopoly, New York has no jurisdiction whatever. They are a part
of the high seas, and not within the body of any county. The authorities
of that State could not punish for a murder, committed on board one of
these boats, in some places within the range of this exclusive grant.
This restraining of the States from all jurisdiction out of the body of
their own counties, shows plainly enough that navigation on the high
seas was understood to be a matter to be regulated only by Congress. It
is not unreasonable to say, that what are called the waters of New York
are, for purposes of navigation and commercial regulation, the waters of
the United States. There is no cession, indeed, of the waters
themselves, but their use for those purposes seems to be intrusted to
the exclusive power of Congress. Several States have enacted laws which
would appear to imply their conviction of the power of Congress over
navigable waters to a greater extent.

If there be a concurrent power of regulating commerce on the high seas,
there must be a concurrent admiralty jurisdiction, and a concurrent
control of the waters. It is a common principle, that arms of the sea,
including navigable rivers, belong to the sovereign, so far as
navigation is concerned. Their use is navigation. The United States
possess the general power over navigation, and, of course, ought to
control, in general, the use of navigable waters. If it be admitted
that, for purposes of trade and navigation, the North River and its bay
are the river and bay of New York and the Chesapeake the bay of
Virginia, very great inconveniences and much conf