Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-05-01
q. states supreme Court.
THE PASSENGER TAX.

object oi this law 10 guard lis ciiiZens not cL-
ly liom the buraen> and evils .. i'reish p'u
perS, bnt also against toe i,trofuc'ion u c"h'a
gicus diseases. |, is mt, Inersi,r', Ike M Ia"
oil Massachusetts. confined 20 aliens; bul ihe mo
ney is required % ne pad To- evcry pas>erge:
arriving from foreign port. The lax il lmpo-
sed on Inc passenger IN this ca.e clearly aGd
di.tinctly-tur although the zap air who lands
them is made liable Tor The collection, ye rlgh;
is expressly secured 10 him IL recover II from
the passenger. Pne,e can be NJ objection 10
this law upon The gfcund ,tat /, Is imposed up
on ciZ.ns OF o'hef 5 ates-bscau>e ciIizrns OF
New York are equally liable. But embracing,
as It does it- own citizens and clza OF othc:
States, when they arrive from a foreign porl, the
question 10 the right OF S.aie 10 determine
what person or class OF persons snail reside
among them does no, arise, aud what have
said upon that subject in the Boston Case IS m
applica bic To this. In every o'hef respeci, now
ever, il stands upon the same principles, invo'-
ing also oner and tunhet con>r'e 'auons, which
l proceed 10 notice, and which place II upon.
grounds equally firm with the case rom Massa-
chusetts.
|, will be admitted, understand, tha, New
York has the right t. protect herself from con-
taglous diseases and possesses the right 10 in
spect ships with cargoes, and 10 determine when
il is safe TO permit the vessel 10 come to the
wharf, or the cargo TO be discharged In other
words, ii may establish quarantine laws. Con
sequently The State may tax the ship and cargo
With the expenses OF inspection, aud with the
costs and expenses of all measures deemed ne
cessary by the Stale authorities. This is uni.
formly the case 10 quarantine regulations. And
although there IS not tne least appearance OF
disease in the crew, and the cargo is free from
faint, yet If the ship comes from port where
contagious disease IS supposed 10 exist, she IS
always placed uuder quarantine, and 81 ,ect-
ed TO tue delay aud expenses incident 10 mat
condition, and neither tie crew nor cargo suf'
fered 10 land until the State authorities are
tis6ed thai il may be done without danger The
power of deciding from what port or ports
there is danger of disease, aud what ship or
crew shall be made subject II quarantine 90 ac
count of the port from which she sailed, and
what precautions and securities are required TO
guard against II, must, of necessity belong
10 the State authorities; for otherwise the
power to direct the quarantine could not be exc
cuted. Aud the power oil State in this re
spect bas been constantly maintained and affirm
ed in this Court whenever the subject ha, been
under consideration; and when tie State autho-
rites have directed the quarantine, il pr, Of
should be offered shown, tnat he foreign ports
10 which il applied were free from disease, aud
that there was no just ground for apprehension,
this Court would hardly, upon that ground, feel
itself authorized 10 pronounce The expenses
charged upon the vessel to be unconstitutional,
and The law imposing them 10 be void
Upon every principle OF reason and justice The
same rule must be applied 10 passengers that Is
applied 10 ships and carsoes. IL Tor example,
while rumurs were recently prevailing that me
cholera had shown itself in The principal sea port
towns al Europe New York had been InludIcious
harr !.
al quarantine all vessels aud PERSONS coming
from those pors, and burdeled them win the
heavy expenses and rGiuOns delays incident To
that measure; or ii she were 10 do SO now, when
appIehenslons are felt that II may again sud en-
ly make its appearance in the great mars OF
European trade, this Coun certainly would no.
undertake 10 determine that those fears are
g,oundless and precautionary measures unn Gees
sary, and the law therefore unconstitutional, and
that every passenger might land al his own plea
sure. And however groundess The apprehen-
sion, and however injudicious and oncaed Tor
such regulations may be, Sill if adopted BY the
State ney must b. obeyed and the courts of the
United States cannot treat them as nulles.
II The STATE has the same right TO guard itself
from persons from whom injection is feared tnaI
IL has 10 protect lseli against the danger arising
from ships with cafgoes, il follows il may exer.
else the same power IN regard 10 the former tha,
il exercises in relation 10 The latter, and NAV
tax Them with the expenses OF the SAINT
,ary measures which their arrival IRON a To-
reign port is supposed 10 tender necessary or
prudent. For the expenses imposed on ships
with cargoes, or on The Captain or ow.cr, is as
much a TAX as the temand OF a particular sum
10 be paid 10 he officer o the Sta,e 10 be e&pen-
ded for the same purpose. II Is, IN truth, always
The demand OF sum OF moaey 10 Indemnify Inc
State Tor The expense il ncuGs. And, as have a.
ready said, these charges are not always mace aud
enforced against ships actually injected with DIS
ease, bot frequently upon particular class OF
vessels that Is 10 say upon ali ships coming
from ports from which danger is apptehended,
upon the sound and healthy al well as Inc injected.
The charge IS not made upon those SHIPS alone
which brns disease with lhem bu; upon al that
come from port or ports from which /; IS feared
disease may be brought Ii is true the expenses
may and do differ IN amount, according 70 lhe
condition o. tie snip and cargo, yet all are sutIsc-
ed 10 The tax 10 the amount OF the charges incur
red by the Stale.
Now In the great commercial emporium Of n.
York, hnndfedS are alnos, daily arriving from
different parts oil the world, and that muliilu!e Of
strangers (anong whom are always many OF the
Indigent and nfrm) inevitably produces ma )
of pauperlsm which, II mol otherwise Provided
for, must press heavily upon the ind usiry OF is
cuilens and which, moreover, constantly sub
subjects them 10 the danger OF infectious diseases
IL Is 10 guard Them against these dangers that
The law IN question was passed. The appfehen-
sions which appear 10 have gwen rise 10 II may
be without foundation, as L. some OF the foreign
pors from which passengers have arrived. Bu.
that is not subject 81 inq:ify here. W il
will not, presume, be denied tina there are snlii
Client grounds for apprehension, and Tor measures
oil precaui,on, as 10 many OF the places irom
which passenger ships are :fequ.nllv arriving. :
Indeed, IL can hardly be said that tCrre is any
European port from which emisranls usual Y
come, which can BE- regarded as an exception.
The danger arising from passenger ships can.
not he provided against, with due regard &c
the interests and convenience Of trade and 10 the
calls of humanity, by precisely the same means
that are usually employed IN cases of ships with
cargoss. In the latter case you may act with
out difficulty upun the particular snip, and
charge It with the expenses which are incident
to the quarantine regulations But how are
you 10 provide for hundreds of sick and suffer
ins passengers for infancy and age' for those
woo have no mean.' who are mol objects Of tax
alton. but of charity You must nave an ex
tensive hospital. suitable grounds about il,
nurses and physicians, and provide food ami
medicine for Them And II is but Just thai these
expenses should be borne by the c ass of per
soDs who make them necessary, thai IS 10 say !,
the passengers from foreign ports. IL IS from
them, as class, that the danger IS 10 be feared,
and they occasion the expenditure. They are
all entitled 10 share III The relief which ~ pro-
vidsd, aud the Stale cannot foresee which Of
tbom will require il and wnlch Will not. II is
provided for all that need II, and all should
therefore contribute. You must deal with them
rs you do with ships with merchandise and
crews. arriving from ports where infectious
diseases are supposed 10 exist; ~heu, although
The crow are IN perfect health, aud the ship
aud cargo free from infec lou, yet the ship
owner must bear the costs of the sanitary pre-
cautions which are supposed TO be necessary on
account of the place from which the vessel
comes.
Zoe State might, il IS true, have adopted -