The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-02-11
The Tax ON PasssnSers-rhe OeclslOn Of the |
SODremo Court

The Tax ON Passsnsers-rhe Decision Of the
Saprems Court ------
The following 10 summary, taken from the OPT
MON Of Mr. Justice Wayne, IN the cases Of Norris
ps the City of Boston, and Smith o. Turner health
commissioner tor the port OF New York, in which
the supreme Court OF the United States declare
the acts OF Massachusetts, and New York, imposing
tax upon passengers coming into the ports Of said
States Ia vessels from abroad, or from other States
TO be unconstitutional and void =
l. That the ssts Of New York and Massachusetts, i'm
posing passengers either foreg citi.
sens coming Into the ports In those Sstes either In
foreign vessels vessels Of thu United States from
unconstitutional and void being Ia their nature rsgu-
lstions Of contrary to the grant in the
stution to Congress to sulste commerce with forssa
nations and among the States
That the States Of this MON oAnust constitution.
ally the commerce ofths United States for the
Of their police IL vs. ana that the Of tbs Unit
ted states includes intercourse Of persons, we'll
- the Importation Of merchandise. at
3 That the Congress Of the United States having
by sundry acts passed ~ different Imes admitted TO-
reigners int the United States with their personal
lusgsge and tools Of trade from all duty impos
that the Of Massachusetts, and New York
any tax upon foreg immigrants for any
whatever whilst the vessel IL In trsnstu to her port
the limits of either Of the States Of Mas
tachuestts or New York, and before the passengers
have been landed are In violation Of said soss Of Con-
gress, and, therefore, unconstitutional and void.
4. That the acts Of Massachusetts, and New York,
In so far a. they impose any obligation upon the
ers or oonsgness Of vessels, upon the captains Of
Of the United States within the said States to pay
any duty Of any kind whatever or to be In any
r:y 70. The for
United States, are unconstitutional and void, being
contrary to the constitutional srant to Congress 20
the States and to :he legislation Of Congress under
the said grant or power, by which the Uated States
have been laid of Into collection DISTRICTS with psrts
NJ ntahi tha
the commercial regulations undsr which vessels their
csrsoe and passengers arc to be admitted Into the
other ports Of the United States. vi
That the act of New York In qusstio in 30 far
imposes atax upon passengers arriving in vessels
this before this court for construction and that
the said tax 10 unconstitutional and void.
on 81 s 9, s n
persons, we'll the importation Of slaves and in
terms recognizes that other persons we'll slaves
That tho 9th CLAUSE Of the Och section the 1st
article Of the constitution prohibiting any prefer
sncs from being given by any regulation Of com usrcs
revenue to the ports Of State those
other State, and that vesse bound to or from one
State shall not be obliged to enter clear pay duties
in another" limitation upon the DO Her Of xrsss
regulate commerce for the purpose producing en-
tire commercial uniformity within the United Seates
and also prohibition upon the States to destroy such
uniformity BY any legislation prescribing condition
upon which vessels bound from one State shall enter
the port Of another State.
in Massachusetts, and New YORK are unconstitutional
and void, because each Of them conflicts With so much
Of the st clause OF the Sab section Of the 1t article
the constitution enjons that all duties imposts
and eAcises, shall be uniform throHg hout the United
States bscsuse tae constitutional uniformity enjon-
ed is Is real and obligatory upon the States in tho alb
senes Of ell legislation by Congress "a II the uniformity
had been made by the legislation Of Congress; and
that suoh constitutional uniformity Is nterfered with
and destroyed by any State imposing any tax upon the
intercourse persons from State to State or from
foreign countries to the United States.
That the power In Congress to regulate comm cree
with foreign nations and among the States includes
navigation upon the high seas and In the bays hsr-
bors, lakes, and nsvgsbe waters within the United
States, and that any tax by State In any affect
Ing the right Of nsvgat subeoting the exercise
Of the right to condition. Is contrary to the aforesaid
grant.
=. That the States OF this Union may, in tho OK.
erose Of their police powers pass and health
laws interdtctng vessels coming from foreign ports
ports within the United States from landing pssssn.
gers and goods be the places time for YES
sells to quarantine aud impose penalties for violating
the same and that such laws, though affecting som.
merce in Its transit not regulations Of commerce
prescribing terms upon which msrcha ndse
shall be admitted into the ports Of the United States
but regulations to prevent vessels en-
gsged in commerce. from introducing disease into the
ports to which they are bound and that the States
may IN the exercise Of suoh police power without any
merce, exact from the or consgnee Of ausrsn.
tine vessel and from the passengers board Of her.
tsntioa, and Of the Of the vessel
apparel of the persons ON board. ti'7Fi
Five judges eoncurrad In reversing the ismsntso
their opinions in the following order, vz:-Jutges
Mclean, Catron, Mckinley, Grier, and Wayne We
have been enabled to obtain copy OF the summary Of
Mr. JusNoe Wayne, which Is given above.
OF the dissenting judges, the learned Chief Justice
nrst read bis opinion and when he had conoludsd
earned judges will doubtless be delivered this morn.
ng.-IateihgencT.