Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-06-19
DOAM.: !EsTEC.

Eeh"7SiNanla, which has created much excitement
Although thu laws OF Maryland and Penn-ylvania
are smlisr IN their general object, and in some OF
Their features, they essentially different In the
matter which has called 10, the exercise of the
restrictive power OF the judiciary. The law OF
Maryland enacts thai" sil importers OF foreign
articles, &c and 80 cher persons selling The
same by wholesale, bale,'' Scr. '' shall, before
they are authorized 10 sell, take out license, -
! Inc Law of Pennsylvania requires license 10
be taken for vending foreign merchandise bv
every person who shsl deal in the selling OF any
good" SC. I" except such are sold by The
importer thereof in the original cask CASE box or
package, wherein the shall have been i'm
ported sales made by auc,ioneers and licensed
tavern keepers are also excepted. Nat Gaz.
! SUPREME COURT OF TIE u STATES.
MARCH y. 1927.
Br0tc1 VS.. The Siate of i[aryIdnG
| Mr. { bief Justice MARSHALL delivered the oD-
MON o:ihe court.
| This writ OF error TO Judgment rendered in
| the Court OF Appeals of MARYLAND af6uoina A
judgment of the City Court oil Baltimore. on an
Indictment !ound in that agains, the plaintiffs
IN error, Tor violating an act Of the Legislature of
Maryland The Indictment was founded on the
second section of that act which in these orIs:
" and be u enacted, that all importers of foreign
ARTICLES or commodities, OF dry goods, wares or
merchandise, by bale or package, or of wine, RUN ,
brandy, whskey, and other distilled spiritous Ii
| quors, &c ard other persons selling he same by
wholesale, bale or package, hogshead barrel, or
tlerce, shall, before they are authorised TO sell,
'ake out license, as by the original act s directs
ed fer which they shall pay fifty dollars and in
case OF neglect refusal 10 take out such license
shall be subject to the penalties and foreiruIe
as are prescribed by the original act to which this
la supplement-" The indictment charges the
] fl in ,-ifb
one package of foreign dry goods without having
license o do So A judgment was rendered
against them on demurrer for the penalty which
me act prescribss for the offence; and that iad-
ment is now before this court
HE cause depends entirely on the question
whether the Legislature of a state can coustirus
uonaly require the importer of foreign articles TO
take out license from the state before be shall
be permitted to sell bale or package 30 import :
| ed.
1t has been truly said, that the presumption is
IN iavopr o. every legislative act, and tia, the
whole bur'hen of proof lies on him who denies
Its consliiutonaiiiy. The plaintiffs in error take
the burthsn upon themselves, and insist that the
act under confederation is repugnant TO two pro-
visions IN The constitution OF the United States
| /. 10 that u blch declares that no state shall.
without the consent Of Congress, lay any imposts,
| or duties on imports exports, except what NAV
/ be absolutely necessary to executing its nspec-
| ton laws
p To that which declares that Congress shall
have power - to regulate commerce with foreign
nations, and among the several states, aud with the
! Indian iribes.''
/. The first inquiry is into the ex eat of The
prohibition upon states " 10 lay any imposts OF
duties on imports EXPORTS The counsel for
the State Of Maryland would confne this prohib-
Ionto laws mposlng duties on the act OF importation
or expectation. The counsel Tor the plaintiffs in
error give them much wider scope.
In performing The delicate and important duty
OF constituting clauses in the constitution of our
country, which involve conflicting power of the
government oi the Union, and Of the respective
states, II Is proper to take view Of the literal
meaning OF the words to be expounded Of their
connection with other words, and of the general
objects TO be accomplished by the pfohibi!ory
clause, or by the grant of power
What, then, Is the meaning of the words 80 i'm
posts, or duties on Imports or eXpoTs;'
Anim2osf, or duty on imports, il a custom or
FAX levied on articles brought into country. and
10 most usually secured before the importer is al
lowed to exercise his rights of ownership over
them because eyasions of the la" can be p event
ed more certainly By executing while The article,
are IN IFS custody. II would not however, be
less an impost or duty on the articles, if il wer,
10 be levied on them after they were landed The
policy aud consequent practice Of leVying or Sc
curing the duiy before, or on entering the port
does not limit the power TO hat state of thines
nor, consequently, the prohibition, unless the iru,
meaning Of the clause so confines it. What, then
are " mports?" The lexIcons inform US the,
4 are " things imported" II we appeal 70 usage
Tor the meaning OF The word, we shall receive In,
same answer They are the articles ihemselye
which are brought into the country 's A duty or
IMPORTS" then, is not merely duty on The act o
lmpofia ION, but Il is duty the thing imported
II IL nj I'll. I'D.
duty levied while the article 10 entering the coun-
try, but extends to duty levied after Il has enter
ed the county. The succeeding " ords OF the sen
tonce which limit the prohibition, show the exten
In which il was understood. The limitation j.
q" except what may be sbsouely necessary fl
executing is Inspection la,rs." Row, the inspec-
uo1 l'ws, 20 lar a. they sc upon articles for ex-
poriaiion, are generally executed on land, before
Ole article 10 put on board the vessel so l.r a.
'hey act upon irnportauons they are generally ex.
ecuted upon articles which are landed. The tax
or duty OF inspection, then, la tax which is Ire
/ quently, u not always paid for service performed
on land, while Tie sTIc,s II 10 tue busofn Of the
country Yet lbi- tax Is IN exception 10 the pro-
hlbiiion on the states TO lay du'es on imports OF
l exports. The exception made because the tax
would otherwise have been within the Prohibition
II It be rule OF Interpretation TO which al AS
sent, that the exception Of particular thing from
general words, proves that, in The opinion Of th,
iswgiyer, the thing excepted would be within tn,
general clause had the exception rot heen made
we know no reason why this general rule should
not be applicable TO the constitu ion ss TO obe
instruments. u IL be applicable, then this excep.
ton ~ favour Of duties lo The support Of iuspec'
Hon laws, goes far in proving that the trainers q
the constitution clsssed taxes OF a similar cbarac
ter with those imposed Tor the purposes of inspsc
uon, with duties imports and exports and sup.
poses them to be prohibited.