New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-03-27
The Emisrant Tax Law.-0pinion OF the NJ
tsr,~y General.

du-rion sr-oog them Of disease and PsuPerisn from
foreign countries and from public 0l'asI' consequent
upon such Introduction
In obe5ierce 10 ..S Resolution. the Controller srd
Attorney General respectfully subniitne following re-
port 1890,
entitled q the marine Hospital snd rs I1n1s ~ -;
stat As sec T. &c1 the Health Comrisslouers sos
demand ard BE eurte % receive ana % case OF neg
i-ct or refusal u pay, shsl sue Tor ADD iou
MISTER II every vessel n Dis nstl- OF e41e CIT
tain specified sums for the master spd Az ana ior
each cabin and Storage passenger Of every Fes.ei
rivins In the port Of Ne~Ynrk from foreign por so
u every cossng vessel The moneYss 80 received are
/ 70 be denomipsied hospital meneys sh1 70 % ~
proyriaied the Of toe Marine hos2.iA ana ~
that purpose are 70 Z accounted JOY Ahn-AY y -
Commissioners Of Health the Contruller snl s.
rnpey, shall exceed the ,um necessary % dsiray Toe
expenses Of their trust. they snsl p-y v'rl % nc
Treasurer Of the Society fDr the h-iormA'oh OF 1--WE
nile Denquenn for tue use Of los' - $500, 49,
ultimate surplus shsl BE- paid over 70 me Sot''oDcf
and BY him invested and kept separate ~ ne naHe o.
/ the Mariners Fund
This statute IA. been slightly modified rom Tune 20
tine avs Of lss3 en- 2l3 Laws Of le4i ca, 80 Laws
al 1s.5 ch 81 Int remain. substantially the same, AZ
-sst sufficiently for the purposes OF tne sIo-o' IL
| der confederation. Whatever might nave oern OUT
opinion st former period, In regard - 'ne Naoty OF
,uch statute the Supreme Court q the United states
have lately. IN the case OF >miih r. turner pro
nOunced il unconstitutional and their o'cision must De
regarded "a the supreme isv, binding upon the au-
tboe. Of tni. state Tnss decision 10 based upon the
ground that the statute vas 81 interference Win u,
| regulations Of commerce with foreign nAuoh' shu
among the several states. The couIt denhe ooihei
70 eon.is, not only IN the change Of commodities buy
~ include navigation and Intercourse, and they noii
thst their transportation OF passengers clearly part
Of commerce.; and hence, that any stse az nlen IN
terferes with requisites the transportation OF pasen
| gers 10 ACKNOWLEDGEMENTS regulation OF commere
beins a power exclusively vested In Congress under
| the Federal Constitution.
This portion OF the decision IL easily comprehended
hut where the precise ine /. 20 be drawn between what
is to be deemed suck interference wiz the resula q
Of commerce and the exercise OF those internal ponce
powers ard sanitary regustous necessary 10 guard the
state against the introduction Of pauperi-m snd moral
and physical pe,tence By the Influx Of immigration, u
1. far more difficult distinctly 20 perceive that ne as
| observed BIZ Mr. Justice MLesn. In delivering the
opinion Of the Court no one has yet drawn clearly
| because perhaps no one can draw II
I Tho Court however conceds what muat OF neces
siy be true that in giving the Commercial power TO
Congress the states did not part with the inherent
power Of sefpreservstion, which exists In every or.
! eanized community. From this concession II would
| seem 10 follow that the power OF taxing immigrant
passenger. 70 extent sufficient TO rase idni afe-
gusts 10 Inc support; Of quarantine regulations, and
hospital for the ci the diseased, together with IN
deninity agAins, psupersm could not be Objectionable
and the opinion IL reasoned chiefly upon the ground
that the statute Of New York in question transcribed
those objects and appropriated the annual sum OF
8 90 Of the fund raised BY tayston 10 the support
of the Juvenile Delinquent Asylum. Had the matter
stopped there the ifi:uy might have been easily oh
Waited by 50 modifying the State laS 10 devote the
whole amount raised % the support OF the Marine Hot.
pta and the creation Of an eventual fund surcieni
10 sustain ID after the attainment or which, taxation
might wholly cease But the doctrine laid down seems
% 20 farther and cut up the taxation OF such imm
grant passengers root and branch for u IL said The
Police power Of the state cannot draw within It's nris
dcton object. which ls beyond H. IL wants the Com
mercsl poger Of thu Union In dealing with subjects
WIDER the protection OF that power yet u can only O
exerted under peculiar emergencies, and 20 limited
extent In guAr6irg the ssiety health and morals OF
the State the sse authority restricted 10 appropr
ate and constitutional means" What those sppropri-
ate and constitutional means are II any can be con
ceived exist under the stringent doctrines OF the
case we are unhapplly lef, In ignorance of for the
opinion proceeds 10 say" II extraordinary expense be
incurred an equitable claim 10 indemnify can give no
power 70 state objects not subject 70 It's juris
dction; tax or duty upon tonnage, merchandise or
pssseHgers 10 regulation Of commerce and cannot De
laid by STATE except under the sanction OF congress
and for the purposes specified In the Constitution 20
long - the immigrant Is ship board II is held that
h. beyond the jurisdiction OF the state and under the
protection Of the commercial power OF the Union; but
when he gets shore and minges with the citizens ne
becomes subect 10 the iursdcon Of the state he uAy
be taxed and otherwise subjected state regulations
the State 10 order guard against disease and psuper
sm. may prohibit the Introduction OF foreigners
brought 10 this country under the authority OF Con
gress, or II may deny to them residence unless tney
give security TO indemnify the public should they be-
| come psupers
| Thi.is affirmed by the Supreme Court and II It be
not where IL the inherent power OF self preserva-
ton the insensbe right go TO express H. of preserv
| iug the lives and property of our citizens Inc
learned Judge who delivered the opinion, suggests u At
Congress would pass laws To guard these state inter
eats but the Controller and Attorney General OF
opinion that what Is indspuable inherent state right
should be guarded by state authority, and not DE- uHce
| or allowed TO depend upon the seton Of the Federal
| Government The question recurs, what power has
the state, and how IL be exercised without con
ctng with the decision referred to- 10 order 10 assert
her inherent rights Of selfpreservstion tax upon
the passenger while shipbosrd is declared uncon-
situtional but when shore he ceases 10 be pas
senger and IL s other~ise So long the passenger
cannot be taxed the master Of the vessel cannot II IS
believed be taxed account OF him hrst because II
would be doing that Indirectly which IA forbidden 10
be done directly second, because the master OF the
| vessel Is himself engaged a. the time In com
MERGE end cannot be interered with while So engag
ed. without interfering with the regulations Of com
| MERGE and II is doubtful whether the owner or con-
sgnee, though on shore, would be regarded different
ly chip, while In port or even on the hlgn seas
prosecuting her voyage between foreign country and
the United States may be taxed by the municipal au
thority Of the state where the owner resides but a
distinction 10 be drawn between the ship when
/. the instrument OF commerce. and the goods or pas
sengers on board vhch the subjects OF commerce
in DO other way the different propositions con
tanned In the opinion OF the Court be reconciled with
| each other.
! In view Of the case OF Smith We. Tlrnsr the Con
troer and Attorney General feel constrained 70 enter
tain the opinion that no tax upon passenger or upon
the MISTER, owner consignee OF the vessel on MS
account can be imposed until the voyage has ended
aud the passengers landed but that such passenger
and the owner and consgnee, become subject to the
operation OF state legislation, 30 soon as the pssscnkc
sets BIZ. foot shore They inclined
to the opinion though withou, dience, that the
Legislature may pass law without infringing the FED
eral Constitution by which the master or commander
| of the vessel may be required under a penalty upon
the mater cOnsignee, on the arrival OF tne
vessel at The City Of Newfork or within reasonable
time thereafter 70 report In writing oath or sirms
ton to the Mayor OF the City OF New York the name
pl4c. OF birth and last legal settlement age and oc
cupaton OF every passenger aud also OF sucn psssen
ger a. had on the voyage been permitted 10 land or
40 aboard Of some other vessel with the intention OF
proceeding 10 said City and requiring the owner or
consiguee such vessel resident within the state Of
New York Immediate within able time after
the landing OF The psss. To- give bond u the peo
pie of this in suitable penalty severay Tor eaen
every reported In such form and with such
sureIes may by the Legislature, be deemed proper
and conditioned 70 indemnify the people or their asrni.
their officers ard the cities towns and counties oil
this state against all charges and expenses when may
be incurred for the relief support OF the person
named the bond for the medical care OF sucn per
son II received the Marine Hospital or any otnrI
Institution for medical treatment under tntlr ensig-
under suitable penalty upon such owner or con
sgnee in Of neglect refusal 10 give such ooLo'
and also authorizing such owner or eonsignse, I'm ne
dAiey, within reasonable time alter the landing oil
such passengers commute for the bonds 80 required
BY the payment OF certain for each passenger ~
lieu Of such bond vnich Communication moneys, ~oen
/ ILL r.Ha