Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-05-25
MISCELLANEOUS.
snnrcme Court of the United States
DECEMBER Term, lo45.

Snnrcme Court of the United States.
DECEMBER TERM, loa5.
No.
'.1i r,. Ms,a s Error, the Supreme Judicial
-. Court Of Massachusetts.
And No.
p,',r 80 error In error 10 the court for the trial
Of i'm eac hme nts and The cor
~. rr.-r, Health rectIon Of errors OF The state
Commissn'er Tor tbs OF New YORK
PORT oil New York.
Ma. JUSTICE DANIEL, (DIssESrlNo) Oh The
decision VI The court Just gwen, solemn seose
of culy compels me 10 declare my disapProsAl-
Imnressed as am with the mischieis with vhicn
tha. decision is believed 10 be lraugh, ramPlins
houp as il seems 10 me to do, some oil Inc slrong
-, defences oil the safely aud independence oil the
States OF this cunlederacy, II would DC worse
than fault 10 me could contemplate The inVa-
.ion in silence | am unable 10 suppress my
aialm al The approach OF power Claimed 70 oe
uncomfortable and unlimited MY oo)ec''onS F"
the decision OF The coua, and The ssounos On
vnich i. is rested, both al The bar anu ny 'he
court. will be exemphied in deIsil 10 consider
inc The case oil nth d. Turner, arising unoer
The statute OF New York, section 7, Revised
sa,u,cs Of New York, p. 445. The PROVISION
Of the statute in question is 10 the following
woros ,t
=. .,i,led To receive and &c case oil neglect OF
Yetos., 10 pay. shall sue for, and recover 10 Ms
name Of Office, The following sums from Inc mas
tor of every vessel that snail arrive IN The port OF
New YORK, namely: /. From the master OF ever.
vessel from foreign port, lor nimsell ana each
cabin passenger, one dollar and MY CENTS !ot
each sieerase passenger, lrale, sailor Vi hdi'nei'
one tollar." -
I, Is wholly irrelevant 10 the case before US, 10
snrroduce any other provisions oil this itatuie;
xuch provisions hayesno connexion win TINS
cause. which originated in The single provision
;us, cited: the intrusion OF other provisions OF Inc
law OF New York can tend only 10 confusion,
and 10 the effect of dvering the mind from lhe
only proper question for our decision.
Under this provision OF the Statute, an action
was brought by the defendant in error, as healin
officer Of New York. agaiDs, the plainfi 10 error,
10 recover the amount authorized o. the s'aiu'c
10 be demanded OF him iof oiosiog whn'h Tue
port OF the city of New York, IRON foreign
country. two hundred and Ninety five alien pas
sepeers Il is deemed necessary particularly 10
s,ate the character VI the persons with respect IL
whose entrance the demand originated and was
made with the view 10 anticipate oolectiohs
which might be founded on supposed invasion
81 The right OF udnsl; 10 American CITIZENS rom
one porliou OF the nation 10 another. 10 RAISE
such an objection, would De The creation OF mere
man OF straw tor the qulxolic parade VI oeihe
filled al md demolished. This case involves NJ
riob, of lransil 10 American clzsns or their pro-
merry: il IS a question raised simply and entirely
nnoo the right vi the stale 10 impose conditions
on which alens, or persons from loreign coun-
tries NAV be Introduced within her teIrItory.-
When case OF different character, touching
the right OF transit ~ cizens snail arise, 1t Will
then. and not ,iil thea, be proper Ia consider IT,
We cannot properly take cognizance VI matters
exisiog only IN Imagination. Whener THIS
als,n,e Of New Yord, and those which have pre-
coded il 10 pari n,ateria be wise, or benehcen or
equitable, or otherwise, in their PROVISIONS: Whe-
mr. nnIer color of those statutes more NAV have
been collected Than either justice Or prudence,
nr Inc obecls prutessed in those laws would re-
ouire2 Whether the amounts collected have
been diverted 10 purposes different from those al
legged in excuse for such collection, are Lot ques-
lions adjourned hitner Tor adjudication upon TINS
record The Legitimate ani only regular Inqul-
~ before The court is this, whe.aer the authority
claimed and exered by New York, and the mode
she has chosen Tor It's rxerion, BE- IN conformity
with the provisions of the constitution | snail
dismiss from my view OF inns cause every oiner
question as irrelevant and cot uf place.
The legislation Of New York, and The pro-
eeedinss adopted 10 enforce H. are assal!ed as
violations Of the constitution: lst As being re-
nuenaut 10, and an interference with, the power
delegated 10 Congress 10 regulate foreign com
mercs. And This general proposition has b en-
divided into two mvre specific grounds OF oo]ec'
ton.
LIST. The prohibition TO the States 10 levy taxes
or imposls on imports.
Sd. The alleged RICH, OF Congress to egislate
exclusively the admission of aliens, right IN.
sisted on as falling by construction within the
commercial power, or within some other imPli'
calion 10 the constitution.
As guides in the examination OF these oojec.
iious. l will TAX. leave 10 PROFOUND certain rules
or principles REGARDED BY myself, al least, As
poslula,es and conceded 10 be such, perhaps. BY
every expositor oil tie constitution and ot the
powers OF The State governments.
LIST Then Congress nave no powers save those
which are expressly delegated oy the consuIu.
ton, and such are necessary 10 the exercise
OF powers expires ,iy delegated ICON. art l,
sec. 8, clause Ia, and Amendments, ar. TO-
ID. rhe necessary auxiliary powers vesied
bv arr. l. sec. 8 oil The constitution, canoo be
correctly interpreted as comforting powers which
10 their own nature, are original, independent
substantive powers; they must be Incident TO OIL
einal substa ntive grants; anclary III their ma.
iure and otj cts, and controlled BY, and limited
20, the original grants themselves.
III. The question vnelher law DC Voio iot lS
repugnaucy 20 the constitution, ought seldom, II
ever, to be decided in the affirmative IN doubt
full case. Il is not on slight implication and
vague conjecture, that a legislature isto b. pro-
nounced 10 have transcribed its powers, and lts
acts are TO be considered void. The opposition
between the constitution aud the law should be
such that the Judge feels clear and strong con-
viction of their incompaahiity with each other.
Cranch, p l2S. Various other cases might be
adduced To the same effect. Governed by The
above principles, whose soundness will scarcely
be doubled, proceei 10 inqaite wherein the ex-
Using Legislation Of New York is in conaic! with
the constitution. or with any regulali OF Con.
eress established under The authority OF that in
sfrrmenI7 Whilst with respect 10 the para
noun, authority 10 Congress 10 regulate com.
merce win foreign nauOas, and amongst The
several States, with The exceptions and qual'fi-
cations of internal commerce and oil regulations
necessary for The health and security OF socie'y)
there appears 10 have been great upan'miy eve
nv where amongst all persons, much diversity
or opinion has existed amongst members Of lnis