394 HASTINGS—POLICE POWER OF THE STATE. [June 19, 
remove the objection from the minds of those who made it. Whatis the 
supreme police power of the state? It is one of the means used by 
sovereignty to accomplish that great object, the good of the state. It 
is either national or municipal, in the confined application of that word 
to corporations and cities. It was used in the argument invariably in 
its national sense. In that sense it comprehends the restraint which 
nations may put upon the liberty of entry and passage of persons into 
different countries for the purposes of visitation or commerce.” 
‘Police powers, then, and sovereign powers are the same. The 
former being considered as so many particular rights under that name 
or word collectively placed in the hands of the sovereign.” .... 
‘“‘How much of it have the states retained? I answer unhesitatingly, 
all necessary to their internal government. Generally, all not dele- 
gated by them in the articles of confederation to the United States of 
America ; all not yielded by them under the constitution of the United 
States. Among them, qualified rights to protect their inhabitants by 
quarantine from the fields. Imperfect and qualified, because the com- 
mercial power which Congress has is necessarily connected with quar- 
antine, and commerce may by adoption, presently and for the future, 
provide for the observance of such state laws making such alterations 
as the interest and conveniences of commerce and navigation may re- 
quire. Such has been the interpretation of the right of states to quar- 
antine and that of Congress over it from the beginning of the federal 
government. Under it the states and the United States, both having 
measurably concurrent rights of legislation in the matter, have reposed 
quietly and without any harm to either until the acts now in question 
caused this controversy.” } 
This is what resulted to Judge Wayne from accepting 2 “‘ just 
as it is expressed ’’ Story’s and McLean’s laboriously constructed 
doctrine of totally distinct domains for state and federal power. 
He goes on to remark that the whole trouble has arisen out of the 
claim of a right to remove and keep out of the state dangerous per- 
sons. He finds the power to regulate commerce, also, one of those 
particular rights collectively placed in the hands of the sovereign 
for the good of the state. 
The bearing of these cases upon the burning controversies of the 
time comes out in the following : 
3“« The fear expressed that if the states have not the discretion to deter- 
sine who may come and live in them, the United States may introduce 
into the southern states emancipated negroes from the West Indies and 
7 How., 424. aa ALY. § Td., 428. 
