New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-02-12
Supreme Ceurt-rax on Alien Passengers.

BOstoa and smith rs. Turner Health Commissioner
for The Port II NewYork Ia which the Supreme Court
Of the United states declse tie acts Of Massachusetts,
and ssWior imposing Tax upon passengers com
ng alto he ports q ed yCsieis from abroad Or from
other states, to BE- ancousiiiut nal ard void.
J. Insi Zoe Acfs Of NeS York and Hassschufeis IN
pos.ag Tax upon pssscngert oifher foreigner or CHI
lens coming into The p1rs u those stats ether 10
foreign vessels OF vessels u he United stats irorn
iortn nations n from Y1's IN me Jnii1d states are
Unconstitutional and Vod being n their mature r qua
lions II commerce contrary % The grant r re Nphs
tuition ~ Congress % requisite commerce with ioreiEn
nations sut sulo-g ne states.
That he ctates oi t1s Union cannot CONSTITUTION
ay tax the commerce u tue United 1-ies ioI .l- P-.
yoEe % paying ny expense incident = TIE tAlc-l.l
% thelr yclce laws sud thai The commerce OF ne
United States Includes Ga intercourse VI PeIsols' -
We. "a the importation Oi merchanf!'e
o. That re Congress Of the United states having, "
sundry acts assed 20 drert times, adnitied 'feisn-
inf9 the United states. win their pefs a. j - a-e
and tls o srate free lrom -- dlty lf po'' snsl .h1
acts Of Mlssachgs 90 and heF C-k ln eng any "a
upon fre.rers % iumi grarfs ioI any puryose Wnat
ever while to- vsss, d. ltran.itu % hrr port o. des
tlaon though sid vtsse. may have arrEei within me
ar.di1ti0nsl limit. OF either % the states II Na'ss
chuseiis % Eeaiork ald o,lre he passengers have
ben landed Ia $40 alton Of sail ats vi congress
and lterell re unconstitutional and void
! lla. iIs acts ol Nt-s-cluset-s anf NeN ioTk u
q. fer ss they inps nny Obligation upon me o"nefs
or colsi-aees OF vessels or uPon ie c.piins OF 'es,s
ir gners ~ the same arriving Do the Yoris % the
Uoiied -lsie ish The said .s-s % pay any iaX or
duly of any knd whatever or o D. ~ any way r,.peu
.1c Tor the SANE Tor passng0s 1riri.S "a Ac mud
Safss coming from port 90 tae Ctra Sdifs are IN
constitutional and void being contrary 10 TIE c1nsuia
uOnal grant 10 congress 10 f,guiat coins Ie VIII
foreign nations ant ano the States, An1 u the ess'
iaiou of O. ngress under the sad grant or power ~
which tue United states here ben lad n INTO cotci0n
dircos Kgh p2rts n otry esfebisted rfaH re SANE
and p7c.cribiHg 80 c9mnercia regulations sld Nhich
rsssss thar cagOe AID passHscr dr % be dfAniea an
% fe portsof tc U1nfd STATS r from abroad a.
from otter poris offtl Uausd Siats
That the oi New ork n0~ 10 question, Ia 90 iaf
- IL i oses tx upon psss.r gers arriving IN vessels
from other ports in the United -tates . properly in
this case before this Court tor construction, and that
the -aid tax . unconstitutional and void
That the 9th section pf the st article o The COnsttu-
ton includes within 10 toe migration Of other persons.
~ well the importation u saves ali IN l. us recog
misses that other persons - well ssaves may be the
subjects Of importation aud commerce.
. That the 9TH clause II The ON section u the Let
article OF the Consultation prohibiting any preference
from being given ty any regulation Of commerce or
revenue the ports O state over those ~ an0iner
state and that vessels bound to OF state shall
not be Obliged 10 efer clear OF pay duties IN another
is Limitation upon the power OF Congress 10 regulate
cOmm@rce for the purpose OF producing entire com
rcia uniformity within the United states, sud also
prohibition upon States destroy such uniformity
by sny legislation prescribing condition upon which
vessels bound from state shall et0 the port oil
another state.
That the tax imposed upon passengers by the acts
in Massachusetts and NewYork are unconstitutional
and void bfcsuse each Of them conflicts With the let
clause the -th OF tne let article OF the COns
tuition enions tnat al duiies impo.ts, and excuses
shall be uniform hrOughouithe United states because
tue G. Institutions. uniformity nJ3ned is AZ real ana OBJ
gaofy upon the Stses In The absence Of al legislation
y Congress II the uniformity had teen made by The
legislation Of Congress aud that sucn Constltutunal
uniformity is interiered with and destroyed ~ any
imposing any upon the Intercourse OF persons
from state D state or from foreign countries 10 the
United states.
T. That tue power 10 Congressto regulate Commerce
with Foreign Nations and among tho states includes
navigation upon the high ADD ~ the bays bGrDofs
lakes and navgable waters within the United states,
aud that any by state in any way affecting the
rigM ~ gafi0u, or suhectng me tIrcse ~ ne TSM
~ A condition is contrary 10 the aforesaid grant
That the Sla;es OF this Union may IN the exercise
of their police powers pass quarantine and health law,
hter0ctng vessels coming from foreign ports or porte
within the United states from landing passengers and
goods prescribe the places and time for vessels to
quarantine and impose penalties for violating the same
and that such laws, though affecting commerce 10 It's
transit are not regulations OF commerce prescribing
terms upon which merchandise and persons shal DC
admitted into the ports OF the United states but pre-
csutonsry regulations 10 prevent vessels engaged IN
commerce from introducing disease into the ports 10
which they are bound and that the states may IN he
exercise Of such police power without any violation on
the power in Congress 10 requisite commerce exact
from the owner consiguee Of quarantine vessel and
from the passengers on board on her such lees ss Will
pay to the cost % their detention, and Of the
publication OF the vessel cargo and sppare OF the per
sons on board.
Five Judges coucurred in reversing the judgments
Of the Courts Of New York and Massachusetts, who
read their opinions the following order, viz Judges
McLEAN, CATION, McKINLEY GRIER and WAySE
We hive been enabled 20 obtain copy Of the sumns
- of the opinion OF tie minority Of the Judges a.
stated by Mr. Justice WAfNE, which "a given above
OF the dissenting Judges the learned Chief Justice rsi
read biz opinion ard when he hsd concluded the
Court Adjourned for the day The opinions Of the other
learned Judge will doubtless be delivered this msrnng
SUPREME CoURr oF THE UNITED STATES
UdskiH9f0n, Wednesday, Feb. Robert C. stsnard, |
Esq of Virginia admitted Al Attorney and Coun. |
se0r Of this Court. No , James Norris r. City Of
Boston. and No {. George Smith rs. William Turn
er The Judgment OF the supreme Judicial Court |
Of Massachusetts in the first and the ludgmen; Of the
Court Of Errors OF New York in the second Of these
cases, were reversed with costs.
ThwsdGy. Fee s-No. 80. John o Pages admins |
TRAITOR. appellant IS. Rufus X. Paige. The argument
OF this cause continued by Mr.. Allan for the ap |
peles Adjourned ;il 10 morrow, II o'clock.
Friday, Feb. 9.-Chsres Mason ksq OF Iowa was sd |
mtied Attorney snd Counselor Of this Court.
No. rs + J. Barnard ct al. plaintiffs 10 error rs |
Gibson In to the Circuit Cour, Of the United
states for New-l0Tk. Mr. Justice Mclean delivered |
the opinion of this Court disnlsng this for the
want OF Jurisdiction No a. The United states sp
pellsnt l.. BoisdOres heirs. Mr. Justice Mclean |
delivered the opinion Of the Court overruIng the
ton 10 dismiss this appeal.--No i9 p Hogg ct 81. /
plaintiffs ia error John b Emerson. The motion to |
enter Jud gmeni IN this argued by Mr. Coke
ia support OF and by Nessrs sargent and Reverdy 1
Johnson in opposition TO the same Adjourned til
Monday, IL o'clock.
THE MISSISSIPPI RWER-The ". q. Bulletin |
says The old Father OF Waters 10 certainly getting
upon his high horse for within the last q hours he
has been m-kng the most extreme advances All sOug
the shipping tiers Of the Second Municipality the water
l. up with the Levee while At the st5Oat LANDING
the element, but for the temporary embankments
would be- running over in weak washy everlast
ins hood As viii be seen by another paragraph our
friends Vt the paish Of Jefferson IN better coud
tion. aud accounts from the upper parishes
represent the country be i,et under high
mark
The 81. FrdHcisr.Ns CiroHiole Of Jan. p s4ys
From accounts above, led q believe ihstve /
going have very high water mark this year The
Mississippi IS st on the rise and that too a, avery
rapid rate. The water IS running over some OF |
the streets Al Bayou sara, aud II check Is not
put 10 IT, sister town ~ the Bayou will Ia the /
course Of smother week be under water Great lOss |
will De sustained by citizens living the river
from the loss Of cattle wood and general overflow OF
their lands
The Bag0A sara Lsdg0 Of the same date says
since last issue there has been rise IN the
river vt full inches Al this place and Il 10 s rDg
10 10 with the high wstermsIk Of last year
The great rise n the river this of the year IL
truly astonishing never within recollection has Il
occurred before
The P0inls C0up,e Echo ssys
The rive. ia front OF our of lee u a. present brim