John McLean

“ But this section is confined to pilots within the bays, inlets, rivers, harbors, and ports of the United States, which are, of course, in whole or in part, also within the limits of some particular state. The acknowledged power of a state to regulate its police, its domestic trade, and to govern its own citizens, may enable it to legislate on this subject, to a considerable extent; and the adoption of its system by Congress, and the application of it to the whole subject of commerce, does not seem to the court to imply a right in the states so to apply it of their own authority. ”

“ Its language is guarded, in order to apply the decision only to the case before the court. But such restriction can never operate, so as to render the principle inapplicable to other cases. And it is in this light that the decision is chiefly to be regretted. ”