COOLEY V. BOARD OF WARDENS
53 U.S. 299 (1851)
NATURE OF THE CASE: This is an appeal of state courts' decisions upholding a penalty
imposed pursuant to state law.
FACTS: A 1789 Congressional statute provided that 'all pilots in the bays, inlets,
rivers, harbors, and ports in the United States shall continue to be regulated in conformity
with the existing laws of the states, respectively, wherein such pilots may be, or with such
laws as the states may respectively hereafter enact for the purpose, until further
legislative provision shall be made by Congress.' A Pennsylvania law of 1803 required ships
entering or leaving the port of Philadelphia to engage a local pilot to guide them through
the harbor, and imposed a penalty for noncompliance. State courts upheld imposition of the
penalty on Cooley (P). P challenged the law contending that the commerce clause gave
Congress exclusive jurisdiction over commerce. Therefore, Congress could not regrant its
authority to Pennsylvania and any state law would be void.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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