The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1867-10-25

SUPREME CoURr OF The DISTRICT OF CoLuM.
nIA-0ESERAL T RN-Chief Jusri;s Cartier and Jus
tees Wyl aud Fisher occupied the bench yesterday.
Mr., Bradley PrsssnteJ Ie.o, uton. Of sympathy,
&c, In the eAe Of the dsath Of the late Solicitor
Moigan; VII Oh wore ordAssd 10 be entered on ths
minutss Of the court
2sJa Mayor Of Washington vs. Barnss Bradley
aud Bradley Tor Plaintiff; X, Davis for defendant
This case wa. argued At the last term, and decided
Yesterday, MI Justice spronouneing the opinion
Of the court, as follows;
This case comes before us on eertiorari to =. A.
Bosw ELL one u the justices Of the peace Of this city,
who had rendered judgment against the plaintln In
error for the amount OF certain hArbor fees sued for
by the corporation uUder the following ordinance;
"Bs u enacted, de, That see Ion two Of the act
entitled IAN nc! for the appointment Of harbor
master. and for other purposes," be so amended
that the harbor fees to be collected by the haIbor
master shall be as follows On all vessels OF Nifty
tons aad un Ter, 60 CENTS &c,
Tho plaintiff 10 error OF the 7loop Nautilus, yes.
sci OF less than any tons burden, engaged In the
coastipg trade, and although the judgment against
him wac for the small amount OF 90 cents and coats
yet he has considered his duty to bring the
before for tho purpose Of tsting question which
Is OF general concern TO all vessels visiting this port
United states DECLARES: "No State shall without the
consent Of Congress- lay An impost or duties on i'm
ports or exports except what may be absolutely
Necessary for s1sea'nG Us Inspector iaTs ana h me
State on imports or exports shall be for the Of the
Treasury or the United States. and all such laws
shall be subject TO lhs fs'sioa anu eohHoi OF Con
gress. ~
II further declares that mo State shall, without
the consent OF Congress- lay any duty on tonnsge,'
10.
The hrst question for our determination !, whether
these "harbor fess as they are called In the eOrpo
ration law are duties Of tonnage which the corpora
ton is prohibited from collecting without the con
Ia the English law tonna0fum uonnagel was a
custom or impost upon wines and other merchandise
exported or imported, according to certain rate per
ton, (Bouyer's Law Dict. oiurg spellman.) Tonnage
and poundags were ancient dutes levied upon every
ton Of line and ton Of other goods imported and
ported, and were the origin Of customs. They com
nsnsed In Kpsland about the 2l,t Of EDWARD III
Tor lie, beginning with Edward ~. At the begin.
ming Of HIS reign Charles | gave great offence by
leyyiug them on bis own me- reSPS1sisi'ty' They
Blackstone says: i" Tonnage was duty upon all
wines Imported over and above the prisage and but
terage aforesaid. Poundsge was duty Imposed
merchandise whatever" But he adds these dls-
tinetions are now In manner forgotten, except BY
the officers Immediately concerned In tns depart
meut their produee being In eff blended together
uudsr the one Denomination Of customs, Il Com 4,
$40
Worcester, quoting the Quarterly Review, says
The custom house duties, or, as they are called,
tonnage aud pouGdage, has, since the time Of Henry
vi, been granted to successive toyetegns Tor lifo
The ancient meaning therefore, OF duty OF to.nsge,
which applied only to wines imported according to
certain rate per ton at the time Of the formation Of
our constitution had b!en lost, and duty on wines
BY the ton was no loager designated specially by
that term, but, as Blackstone says, had become
blended with pouudsge, under tho one denomination
OF the customs ~
The modem meAuinI OF the word tonnage" Is
given correctly Ia whsaton's Law Die.iosAry. Gee
Bowler Lawiuiet-MAriiime Law. The car Acity
Of ship or vessel The duties paid on the tonnage
Of ship or vessel are also called tonnage,
Story, In his Commentaries on the Constitution
also employs the word In this sense, and does not
even refer to any doubt whatever Aato the meaning
OF the term, but quotes the Constitution neorreetly
indeed q, employing the tErm duty on tonnAge,'
instead Of duty NJ tonnage. "
Many acts OF Congress are 10 be found, some Of
them now In force and others repealed, which con-
tain legislation on the subject OF tonnage duties, or
duties OF tonnage, and thus Al without exception,
10 believed have used these terms as meaning tax
imposed upon vessel In proportion to Its burthen.
II Is manifest also, both from the context Of those
words In tue Consultation ITSELF as well As from the
debate upon them at the timo they were before the
Convention hat II was the Intention Of the trainers
Of the Constitution that CongreS should have the
right Of exclusive legislation over this whole sub
ject both as to the tax on imports as exports, al
we'll over the vessels employed In their trAuspor
tRtion.
II would have been gross Inconsistency In the
Consultation had i conferred on Congress the rgh,
Of exclusive legislation as to duties on Imports and
EXPORTS and left TO the several states the right TO lay
taxes on the vessels engaged In the conveyance oil
those Imports and exports
II follows, therefore, that the ordinance In ques
ton IL a violation Of the Constitution Of the United
States, unless It can be shown that Congress has by
act plainly authorized the corporation Of Wash
ington to levy "duty on tonnage
II Is admitted that such power Is nowhere ex
pressly granted.
But the power Is supposed I! have been conferred
By implication rom the Provisions Of the charter Of
ITO preserve the navigation Of the Potomac aud
AnaeOstla rivers, adlOinins the city,
ITO erect, repair, and regulate public whsTvs'
and 10 deepen creeks, DOCKS ana pahn'''