The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-02-09

persons travellers from foreign countries the ntercour
of passengers between the States attempt
late commerce., and is therefore void because 1t the exerc
OF right which belongs extensively to the General Cover
ment. .o
The cases in which tue foregoing principles were decides
upon statutes passed by the Legislatures of New Yor
and Massachusetts, evyng tax upo passengers brougl
from foreign countries into those States and the principle
tuay decided is expressed following language by Judg
Curtis in his Reports e ari y
ga State law which requires the masters Of vessels engage
In foreign to pay acertain to State officer
account of every passenger brought from foreign counr
into the State is imperative ~ of its conflict with tn
Constitution and the laws of the United States" 4
Judge McLane in delivering his opinion in the above cases
defined commerce to be an exchange of commodities" blu
this designation he says dos not convey the full meaning
Of the term 1t includes navig tion and Intercourse"
That the transportation of passengers part of commerce
is not now open question. In Gibbons Ogden, this
Court said mo clear distinction is perceived between the
powers to regulate vessels for transporting for hire
property for hire He further declares that when merchan
die property is imported from foreign country it not
subject to the taxing power of the State until taken from
the ship and becomes mingled with the property of the people
of the Sae and the rule applies to passengers When
they leave the ship and become mingled with the citizens
the State they become subject to the laws of the State but
till then"
The rules are applicable to the citizens of different
States in their intercourse with each other While hanS
passing from State to the other whether railroads.
steamboats, unpikes by any other mode of travel they
are alike exempt from the operations of all State laws which
would impede check their free uninterrupted transit
whether those laws contain direct prohibition impair its
exercise by means of tax"
In commenting this subject Judge McIane SAYS: If
this power to tax passengers from foreign country belongs
to State tax on the same principle may be imposed all
persons coming into passing through from other State
in the Union If this may be done in New York any other
State may do the all the lines OF internal navga
ton Passengers steamboat which plies the Ohio the
Mississippi of other rivers or on the lakes may
be required to pay imposed at the discretion of
State within which the boat shall touch And the prn-
cpe will sustain right in every State to tax all persons who
shall pass through it's territory railroad canal boats
stages in any other This would enable State to
establish and enforce nonintercourse with every other
State
The Judges in the Passenger Cases" delivered their opn
ions seram Judge Wayne in his opinion says "Ths Court
has long since decided that the constitutional power reg
late commerce with foreign nations and among the several
States with the Indian tribes exclusively vested in Con
and that part of it be exercised by State He
also declared of the United States includes
intercourse of persons well the importation of
chandze and that any State Law imposing tax upon
whether citizens foreigners the intercourse of
from State to State from foreign countries to the
United States unconstitutional and void These principles
clearly by majority of the Court deliver
ing their opinions Dissenting opinions delivered by
Chief Justice Taney and by Justices Woodbury. and Daniels
The views however, expressed in the dissenting opinions will
not sustain the consttuonay Of the Revenue Law of Mis-
sissppi under consideration On the contrary Chief
Justice fancy very explicit in combining his opinion to the
question then before the Court towt The power of State
tax foreign passengers coming into from abroad He
lened positively and clear the right of any State to the
citizens of other States in their intercourse with each other in
heir transit through it. His language is follows "In
speaking of the taxing power in this case must however, be
Understood speaking of it it presented in the record
hat is 10 say the case of passengers from port
ems who passengers from the ports of other Staesis
erent question and involves very different considerations 1t
not before yet ordersto avoid
is proper that in opinion cannot be maintained
living do under common Government charged with
he great of the whole Union every citizen of the
United States from the most remote States or Territories
Untitled to free access not only the principal departments
established Washington but also to its judicial tribunals
nd public offices in every State and Territory of the Union
md the provisions in the Constitution of the United
such for example the right to in Federal court
ttng another State the right to pursue and reclaim one
rho has escaped from SERVICE the equal privileges and mmu
tiles secured to citizens of other States and the provi
ions that vessels bound to from State to another shall
be obliged to enter and clear pay duties all prove that
intended the eest intercourse between the citizens
the different States For all the great purposes for which
he Federal Government formed people with
country We all citizens of the United States
nd members of the community must have the right
pass and reass through any part Of it freely in
WIN State And tax imposed by State for entering its
eritoes harbors inconsistent with the rights which be-
to citizens of other States members of the Union and
18th the objects which that Union intended to attain Such
in the States could produce nothing but disco and
utua irritation and they very clearly do not possess it,
Nothing which your memorasts say would add to the
'rce Of this language 1t establishes beyond question the
roposon that the Revenue Act for the State of Mississippi
far imposes tax upon citizens of other States trav
ling railroads through the States violates the provisions
Constitution of the United States and cannot be
,rced by the railroads their officers without making them
elves resspassers and being held responsible accordingly
Whether the law can be consttutonay enforced against
zens of the State of Mississippi presents diferentques
is certainly grave question: whether the Legislature
pass laws taxing class of Travellers those who travel
Railroad all others travelling by steamboat other
ise permitted in the pursuit of pleasure business to
ave through the State unaxed Even if such power exists
proprety of such legislation may well be doubted mas
the burdens Of government would be made to bear
heavily, upon class of the community than another
might in the end become heavy altogether to deter
from travelling by Railroad thus parayzng the energies
crppng the usefulness of corporations established
eveop the industry and to promote the commercial and
,cial intercourse of the State.
An attempt by your memorass to collect this tax would
ove constant of irritation and annoyance to the
avelng public The State has provided under its constiu
and laws for collectors of the in each county, and
may well be doubted whether would be competent for the
cers of the Railroads. who frequently citizens of other
aes travelling rapidly through the State conductors
cars, to collect this tax But the Legislature
uld confer this power your memorasts would be unwi
that they should exercise it. it would certainly bring
into irritating and annoying controversies and collisions
h the public that in the end might be seriously detrimental
ID damaging to the interests of the roads. nc
uI aS R gou. ut I 81 ~ ~ " p,
is IN ou :t 49, S .I CO. ~ I1 Ill. H. 10y 10y of
osperous, but to confer upon the INDECENT and helpless
of the benefits resulting from their establishment p
ad The