Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-05-01

ora moi expmnt from taxation after they are on
shorp a M me uues;iun is when WAS me VoyaSe
:, naS.aoe endrd. and when did The Captain anu
passengers pass from the jurisdiction anu pi"'ee
ion of me general government ana en'e' my
tnar oil the Stale. Tine act OF 1919 regulated anu
pre>cfb, the duties IT the ship owner anu Cay
lain luIiuc NJ voyage ard unIl the entry was
m,se a,,he custom House ard thr picpc: Isis
.teiv,rtt itmakeS 30 farther provision 10 ita-
uo,, 10 any 81 the paGics. The voyage was eVi-
d.uly regarded as then completed and Inc ca
tam and passengers as passing from Inc protec'
non and regulations OF Congress- into Inc pro.
lection AMI exclusive jurisdiction 81 me Stale.
The passengers WeIe no longer under the conirol
81 The captain. They might have ianGei When
and where they pleased, II The Stale laws per-
mi,ted il, and the captain has no right 10 prevent
them. Ii be attempted 10 do SO, there was DO
law oi Congress 10 afford redress or TO gram ie-
llef They must have looked for proieclioh 70
the csa'e law and the Siae authofi'Ies. - a
muluti .ad been committed, there was no law
Of ConsieSs TO punish il. The personal sdiey
II the passengers and Inc caPd,n dh'i 'i.'i
rights 81 property were exclusively phu., 'ne
jurisdiction and protection ~ me o'd.e' u '.e
f.ht o. taxation dill not exist IN ms case, 10
re.urn for The protection afforded, II IS, th'nR,
new exception 10 me general rule upon lhls
81 iec,. For all The parties, the captain as wen
a, h passengers were all as entirely dependent
Tor The PROTECTION ui their rights, upon The Stale
au,noIil!es. a. ii lhcy were dwelling III mouse
in one OF ns cities; and cannot see why they
should no, he equally liable 10 be taxed when no
clause can be found in the constitution OF the
United States which pfohlbits u.
The difisFeht provisions CT the TWO laws, ana
me different circumstances 0! Inc two cases.
made i necessary 10 say nus mucn concerning
Inc case rom New York. 10 all other Respects
excep; those 10 which nave adveiied they STAND
upon The same principles, and what have sand
ui The Bosom case is equally applicable 10 lhlS
In speaking VI the taxing power 10 ms case,
must, however, br understood as speaking oil y
as il is presented in the record; thai is 10 say, as
the case II passengers from foreign port Inc
provisions contained IN The law of New FORK, re-
Id ing 10 American ciizeEs, Who are passengers
ffum the pors 0i other States, Is different ques-
ton, aud Involves very different considerations
II IS not now before US Ycl 10 order 10 AVOID ms
understanding, II is proper 10 say mat IN my Cpl
uion il cannot be maintained Living as we do
under a common government, charged wih me
great concerns OF lie wnue Union, every cilz"n
oi he Unl,cl States frcm the mos reno states
or Territories IS enlitled u Tree access nol uhlF
10 the princip pal fepar meniS established al WASH
lngIoa, but aisOlo NJ Judcia tribunals ana pun
Union. And the Va nous provisions IN the Con-
s,uuuvn OF The Unred Sales such Tor e1-
ample as The right 20 sue in a Federal CouH
sitting in another Siale-ihe rieht 10 pursue
and reclaim one who has escaped from ser.
vice he equal privileges and immunles Sc
cured 10 ciazrns Of oIher Stales, aud the proVi-
sion that vessels bound 10 or lfom one Sia'e ~
another shall nj BE- obliged l. enicr, clear -
paw duties all prove thai il Intended 10 Scout
| The eesl intercourse between The ciizens oil III.
different States. For all the great purposes ior
| which The general government was ioImed, we
are one people, with one common country we
are all citizens ot lhr United SIaes, and as mem.
bers ui the same Community must have NE rish'
10 pass and tepass through any part OF !! without
interruption, aS freely as IN our own StaleS hhd
a Tax imposed by State Tor entering ITS terri O
ries or nafbnrs is Inconsistent with The rights
| which belong Ia the citiz-ns 81 other States AS
| members Of the Union, and with The objects
which that Union was intended IL attain. Such
power in the 5 aes could produce nothing but
| dscoId and mutual irritation, and they very
| CLEARLY do not possess II. But upon the queslion
which The record brings up, The judgment IN me
| New YORK case. as well as that from hassachl-
sets, ought in my opinion 10 be affirmed.