New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-03-08
The PASSENGER Laws.

- ~ - ~ - 4ru al W aenlL-l1l III TIC tdhr
Of the Corporation Of New-York IS. Min, and
three Judges out Of five held the lsw to be IN
constitutional bat tbs not being sufficient, rear
gument was ordered. Il was again fully argued
in 537, and the Court SIX u one decided 10 favor
q the law. After reading the following extract
from the argument Of Joseph Blunt, Esq. who ap
peared counsel for tue Corporation in that case,
which we find 10 u Peters, 40, or perpiexity is
increased ia knowing row the Court could, on the
present occasion, have come 70 decision aPpa-
ren'y in contradiction 70 the very significant res
o'ution Of TIE Continental Congress cited b. Mr..
B. in that case:
% The law Is not q commercial regglstou in the
sense Contemplated In the Contribution but police
regulation i i part u the system II poor avs srd
Intended 20 prevent the ntrCduc Of fore paupers
Tnls power Of determining how and when Strangers
are 70 be sdmtsd, - inherent in al communities.
Ruth. lnst. &c.
Fathers OF Families officers Of colleges end the 81.
thOrnes Of vailed cities al have this power al Incl
6eni Of police In sisies Il 3. high sovereign power
II belonged 70 states before the adoption Of the
Federal Constitution. is nowhere reinGushed nor
BE- with safety II % essential - n" very exist
ence Of some, snd 10 the prosperity and tranquility Of
all That IL not intended T. relinquish Il We infer
City cf Mr. York v HiiR-lst. Because II was not
prohibited 10 the States.
-. Because 1t IL not expressly granted 70 Congress
but only incident % other powers a. the war
over the treaty mskng power or the power 10 regu
late commerce IL may also be used y tne states Is
police regulation part Of the system of poor laws,
promote internal tranquility. But because II s an
incident % Of The Federal powers il can never
be pretended that it s necessarily prohibited 10 the
States
81 Becscse the sec o ar, /. of Constitution con.
ceces in 80 many words that the states have this
power and imppscs restriction upon the concurrent
power Of Congress, until l-Oc.
Ia declares that the migration importation OF
such persons any Of the states, now existing, sha
think proper 10 admit shall not be- prohibited by Con
yfess prior b. l-C- WHIST Is the meaning Of ihe
sords, the states shall think proper TO admit
States only think through their laws. Legislation
the thought 81 St-tcs The very phrase shows that
the Stsies reserved the power % admit or prOhihi
aud consequently ~ regulate the admission. The
power Of Congress s suspended until l-O- but the
power ofihe States remains before the Constitution
Did tho arrival Of the year -O- extnguish that power
ia The sstesf Such construction will hardly De- con-
tended for After that year. Congress Is enabled O.
exercise one of the incidents 10 tie powers which be-
fore II prohibited 10 DO. II mus, exercise H. how
ever, rs a concurreu, power, aud supreme when n
dieting. SuppOsing Congress had not chosen 10 pes
any aNs this subject after l-O-, would The state
laws necessarily be sbrosated by the arrival OF that
Year, Would the laws passed by the States aboshng
the Slave T. sde before ls- have been repealed such
be- the conclusion, II the power be exclusive tn
Us nature
Again, If the power to pass laws regulating the Sd
1isflcn Ol passengers from Europe fsli under ihr
power II regulating foreign commerce, that Of regula
ting the arrival OF passengers BY land, falls under the
power Of regulating commerce between the STAIRS II
ihe bc exclusive, the other Is exclusive and ai
vsgren, laws all poor laws and police regulations bs
como. IT oOce solely Of Federal jurisdiction The
avs of the Southern States In relation 10 the inter
coufrc and traffic IN slaves and ~ the Introduction
OF coloIed persons into those Ststes also bccJm. hr
subjects of Federal jugdctOn and the state laws ar
sbrogated Here the counsel examined the chsractsr
of those laws and concluded BY Observing that -
he must not be understood approving ~ the
peculiar provisions Of those laws s IL was obvious
that legislation necessary In reference 20 that
population sud that the states clearly had the power
TO pass such lave.
The poor la~s providing for sending back psupers
their place OF settlement in the adjoining counties
Of bordering state will share the same fate and
Congress will have to provide national system oi
poor laws.
In our view the law in question Is altogether police
regulation so much 50 as Laws prohibiting entrance
inio walled city ait-r dark laws prohibiting masters
from bringing couycts into The state the laws pro
hibtng free negroes from being introduced among
slaves
Tho hisiory of this law also throws lisht upon
its coustiiutonsiiy. The Federal Constitution was
adopted by pine sis,es-the constitutional number in
l7ss aud the 18th OF September, Of that year, 4
resolution adopted by the old Continental Con
sress, announcing that fac, directing presidential
electors DE chosen and fixing the 18th OF March l7s9
for the ucement of the new Government Three
dsys sfterwsrd the 10th OF September, the same
body unanimously adopted resolution, recommending
the several States 10 proper laws for preventing
the transportation of convic from foreign
countries into the United states When this resolution,
so directly bearing upon the point In question. was
adopted. there present Dana the profound and
enl eh;ened jurist and Trainer of the Government; Of
the North West Territory Gilman. williamson Fox |
and Baldwin members OF the Convention which formed
the Federal Constitution Hamilton and Madison, also
members OF that Convention and the eloquent eNpOun
ders OF that instrument
Jaw the third expounjer and the FIRST Chief Justice
OF this Court the Secretary OF Foreign Affairs and
no doubt recommended the passage Of this law IL any
Of the highest character resolution. at the
very moment the new Government was going into ope
ration recommending 10 the states 10 pass these laws
az peculiarly within their province
Under that resolution the States acted. Nov IT, llee
Virginia passed law iorbdding masters Of vessels
from landing convicts, under penalty OF amy pounds
south Carolina and Gecrsia passed passenger laws The
.ame year. New. hampshire passed passenger laV N
l7Ql Massachusetts in 1874. The NeN-lOTk pstser.
ger law passed 9Th March l7-s aud has been
With some notifications, a, each subsequent
revision of her Avs
The resolution Of Congress extends 70 the very point
in dispute II the sdmissisn OF convicis may be pro
nbiied the mode OF bringing passengers may be regu
sied The rule 10 applicable to the admission OF
osupers as to convicts. This will not be denied
The defendants counsel asserted in the former ar
,uent ihst the laws Of 1929 snd 1919 have regulated
his intercourse.
We 5euy IL Those laws were for other objects Il |
no, true that person conforming 10 those laws may
import passengers 10 spite Of State laws because the
avs OF 1923 and 1919, were all the regulations tina,
Congress though necessary.
State law 10 not necessarily void because persons
violating 1t are acting in conformity with act OF Con
,ress Even In such states setting under other
powers may control individuals scting In conformity
With laws Of the Federal government
man may obtsn patent for making and vending
medicine snd STATE may prohibit It's sale. He may
,btsin copy bit for Publishing book and the siste
nay punish him because Il IL hbelous. merchant
nav import gunpowder Chinese crackers, pursuant
10 the revep ue laws and the state Of New ork may
prohibit the former from being landed snd the other
rom being sold In the city He may also bring passen
,ers pursuant 10 the above mentioned laws and the
legislature may compel him 10 give security tha, they
sil DOT become public charge.
We therefore contend that the power 10 regulate
commerce IS not exclusively IN Congress, bu, concuf'
-nt in the States and that state laws are valid unless
,ouhctine aud only void where repugnsnt
ID Thstthe law In question IS merely Ponce resu
son and not regulation Of commerce, In the sense
II the Constitution
81 That the power over this species Of Intercourse
vested in Congress only Is incident 70 other powers
md not in any exclusive.
4th That tbs law Of New-York u no; repusnant u
nv existing treaties laws Of Congress and 10 there
ore valid
such conclusion produces noTnconvenience oui'
N the contrary promotes public good i vests po"
r WHARF there Is al inducemrnt to exercised lnCon
res, there is no such inducement The West SEEKS 10
pcourase emgr alton and /; is buIOf little importance
o them how many Of the crosd are len as burden