Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1849-02-23
From the Charleston Mercury.
SUPREME COURT-IMPORTANT DE.
CICl0N

ny the supreme COurL OF tie OHlltu OtdlCHs LII
the cases of Norris Us. The City OF Boston,
vided, FIVE to four. Those concurring in the
decision are Justices Wayne. Catron, McKin-
lev, Mclean, and Grier. Those dissenting, |
are the Chief Justice fancy, and Justices
Daniel, Nelson, and Woodbury. The intel
lectual as we'll as Judicial weight of the
Court is clearly against the decision, but num-
bers prevailed.
If we correctly understand the points deci
ded, they sweep away our Inspection laws,
enacted to prevent the abduction of our slaves
in Northern vessels. They sweep away also,
all our laws made to prevent free colored per-
sons citizens of Massachusetts" or what
ever abolition region-from entering our ports
and cities. Thus it seems, as if the Union is
to be so administered as to strip the South OF
all power of selt-protection, and to make sub
mission to it's rule equivalent to ruin and deg
radiation.
/. That the acts of New York and Massa-
chusetts imposing tax upon passengers, ell
ther foreigners Or citizens, coming into the
ports in those States, either in foreign vessels
or vessels of the United States, from foreign
nations or from ports in the United States, are
unconstitutional and void being in their ma
ture regulations of commerce contrary to the
grant in the Constitution to Congress to regu-
late commerce with foreign nations and among
| the States
! 2. That the States of this Union cannot
constitutionally tax the commerce of the Uni
ted States for the purpose of paying any eX-
pense incident to the execution of their police
laws; and that the commerce Of the United
States includes an intercourse of persons, as
well as the importance of merchandise
3. That The Congress of the United States
having sundry acts passed at different times,
admitted foreigners into the United States,
with their personal luggage and tools of trade,
free from all duty or impoSt, that the acts of
Massachusetts and New York imposing any
tax upon foreigners or immigrants for any
purpose whatever, whilst the vessel is in
transitu to her port of destination, though said
vessel may have arrived within the iurisdic-
tlonal limits of either of the States Of Massa-
chusetts or New York, and before the passen-
gers have been landed, are in violation of said
acts of Congress. and therefore unconstitution-
al and void.
4. That the acts of Massachusetts, and New
York, in so far as they impose any obligation
upon The owners or consignees of vessels, or
upon the captains of vessels Or freighters OF
the same arriving in the ports OF the United
States within the said States, to pay any tax
Or duty of any kind whatever, or 10 be in any
way responsible for the same for passengers ar
irving in the U. States or coming from port
In the United States, are unconstitutional anC
void, being contrary TO the constitutional gran
to Congress to regulate commerce with foreign
nations and among the States, and to the leg
lslation Of Congress under the said grant OF
power, by which the United States have been
laid Oft into collection districts, with ports oil
entry established within the same, and pre-
scrblng the commercial regulations under
which vessels, their cargoes, and passentiers
are to be admitted into the ports of the United
States, as well from abroad, as from other
ports of the United States
That the act of New York now in question
IN so lar as 1t imposes a tax on passengers ar
irving in vessels from other ports in the Uni
ted States, is properly in this case before this
Court for construction, and that the said tax
is unconstitutional and void
That the 9th section of the LIST article oil
the Constitution includes within it the migra.
ton of other persons, as we'll as the impor
tatlon OF slaves, and IN terms recognises thai
other persons as we'll as slaves may be the
subjects of importation and commerce.
5. That the 9th clause Of the 9Th section Of
the LIST article of the Constitution prohibiting
: any preference from beng given by any re
gulatioh Of commerce or revenue to the port!
! of one State over those of another State, anl
: that vessels bound to or from one State shall
not be Obliged 10 enter, clear, or pay duties il
another is a limitation upon the power Of
Congress to regulate commerce for the pur
pose OF producing entire commercial uniform
: lty within the United States, and also pro
: hlbltlon upon the States to destroy such uni
/ formIty by any legislation prescribing a con
e dltlon upon which vessels bound from ont
7 State shall enter the port of another State.
b. That the tax imposed upon passenger
\ by the acts in Massachusetts and New YorI
= are unconstitutional and void, because each 0
4 them conflicts with so much of the 1st claus
D OF the 9Th section of the 1st article of tn
Constitution as enjoins that all duties, imposts
S and excuses, shall be uniform throughout tn
: United States; because the constitutional UNI
q 1ormlty enjolned Is as real and obligatory w
d on the States IN the absence of all legislatio
d by Congress as if the uniformity had bee
e made by the Legislation of Congress; and thu
!. such constitutional uniformity is interfere
), with and destroyed by any State imposing a
: ny tax upon the Intercourse of persons fror
e State to State, or from foreign countries to tn
United States.
n 7. That the power in Congress to regulat
o commerce with foreign nations and among tn
d States includes navigation upon the high sea:
and in the bays, harbors, lakes, and navigabl
n waters within the United States, and that an
# tax by State in any way affecting the rigt
n of navigation, or subjecting the exercise of tn
It right to condition, is contrary to the afore
If said grant.
r. 8. That the States of this Union may, i
It the exercise of their police powers, pass qual
y antine and health laws, interdctng vessel
coming from foreign ports or ports within tn
J. United States from landing passengers an
goods, prescribe the places and time for veE
n sells TO quarantine, and impose penalties fc
e violating the same; and that such laws, thu
IS affecting commerce in its transit, are not regu
IS Iations of commerce prescribing terms upo
e which merchandise and persons shall be at
mitted into the ports of the U. States, but pre-
/, cautionary regulations to prevent vessels ell
d gagged in commerce from introducing diseas
IT into the pc is to which they are bound; an
k that the States may, in the exercise of sue
= police power, without any violation of tf
Re power in Congress to regulate commerce, e2
y act from the owner Or consignee Of quaral
er tine vessel, and from the passengers on boar
rs OF her: such fees as will pay to the State ii