nomic cossr srnm-suir oo. v. BOARD or 1znLRoAn ooM’1>.s. I1
sioners, elected under the constitution, intend andlthreatento estab-
lish rates of charges for passengers and freights onthc steam-ships
of the plaintiff engaged in the coasting trade as -mentioned, andex-
ercise with respect to them all the other powers there conferred;
and the plaintiff prays that they may be restrained in that respect.
This suit was commenced when the late commissioners were in olhce,
but as it is against the board as an ofucial body, and not thesmem-
bers personally, it has been rcsubmitted for decision within the past
month.  
The defendants admit that it is their purpose to carry into execu-
tion the powers with which they are invested, and to establish rates
of charges for passengers and freight upon the steam-ships, so far` as
relates to transportation between ports within the state, but disclaim
all intention to regulate or interfere with the transportation of persons
or freight from ports within the state to ports without it, or from
ports without it to ports within it.
The question is, can they regulate or interfere with the transporta-
tion of persons or merchandise between ports within the state, if they
be in transit to or from other states, or the transportation involves a ‘
voyage upon the ocean? The question in one of its aspects is new,
but in neither of them isit diihcult to solve. The constitution vests
in congress the powerto regulate commerce with foreign nations and
among the several states. The power to regulate is the power to
govern; to prescribe the rules by which commerce shall be conducted.;
to declare when it shall be burdened with conditions, and when it
shall be free and untrammeled. ~
Commerce, as has often been said, is a term of large import. It
includes the carriage of persons, and the transportation, purchase,
sale, and exchange of commodities between citizens or subjects of
other countries and our people, and between the people of differ-
ent states. It embraces navigation, and extends to all the instru-
ments used in navigating inland waters and the ocean. j
It was at one time a subject of much discussion and some disa-
greement among judges whether the power conferred upon congress
to regulate commerce is exclusive in its character, or concurrent with
that of the states. By recent decisions this question has been put at
rest. When the subject upon which congress can act under this
power is national in its character, and admits and requires uniformity
of regulation, affecting alike all the states, then the power is in its
nature exclusive; but when the subject upon which the power is to
act is local in its operation, then the power of thestato is so far con-
current that itsaction is permissible until congress interferes and.
takes control of the subject. Of th·e former class, is all thatportion
of commerce with foreign countries and among the states which con-
sists in the carriage of persons and the transportation, purchase, sale,
and exchange of commodities. From necessity, therecan be but one
rule in such cases for allthe states; and the only power competent to