The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1869-03-06

from a foreign port, for himself and each
cabin passenger, one dollar and fifty cents;
for each storage passenger, mate, sailor,
or mariner, one dollar.
2. From tho Master of each coasting
vessel for each person on board, twenty
five cents,
The plaintiff in error was master of the
British ship Henry Bliss, which vessel
touched at the port Of New York In the
month Of June, 184l, and landed t,oo
hundred md uiDety:jfve steerage passon-
gers The defendant in error brought
suit against the plaintiff, (the master of
the vesseD to recover one dollar for each
Of the above passengers.
The case of Norris against the city of
Boston, grew out Of an act of the lcgis.
lature of Massachusetts, entitled ian Act
rchting 10 the Alien Passcngers." l re.
fer to this act more particularly, because
it was made to bear upon alien passengers
only; while the act Of the Legislature of
New York bore upon all passengers alike,
The Massachusetts, law provides, 1st,
That when any vessel shall arrive at any
port, or harbor within this State (Massa-
chusetts) from any port or place without
the same, with alien passengers on hoard,
an officer to be appointed shall go on
board and examine into the condition of
such passengers.
2, If on such examination there
shall be found among said passengers any
tHnatic, idiot, msaiu,ed, aged or infrn1
person, incompetent, in the opinion Of
the officer 50 examining, to maintain
themselves, or haze been paupers in any
other country, no such alien passengers
shall be permitted to land until the mas
ter, owner, or consignee or agent of such
vessel shall have given to such city
bond in the sum Of ono thousand dollars,
with good and sufficient security, that no
such lunatic, INDECENT passenger shall be-
conc city, town or State charge, within
ten yecrs from the date Of said bond.
3, No alien passenger other than
those spoken of in the preceding section,
shall be permitted TO land, until the mas
ter, owner, or consignee or agent of such
vessel shall pay to the regularly appoint
ed boarding officer, the sum Of two dol
lars for each passenger so landing; and
the money so collected shall be paid into
the treasury Of the city or town to be ap-
pointed as the city or town may direct
for the support of foreign paupers. The
plaintiff being an iuhabitant of St.
Johns, in the Province of New Bruins
wick, and Kingdom of Great Britain, ar
irving in the port of Boston from that
- 80 nNii cd
the Union Jack, which had on board
nineteen alien passengers, for each of
which two dollars were demanded of the
plaintiff and paid by him on protest, that
the exaction was illegal.
In section Of the Constitution of the
United States, it Is declared that "Con-
grcss shall have power TO regulate CON-
merce with foreign nations; and among
the several States, and with the Indian
tribes"
A majority of the Justices of the Su-
preme Court of the United States, gave
it as their opinion that the power given
to Congress to regulate commerce was ex-
elusive; and that the acts of the Legisla.
lures Of New York and Massachusetts
were general rcUenue measure, affecting
commerce, and therefore unconstitutional
and void. The minority of the Justices
gave it as there opinion that those legis-
lative acts were not regulations of CON-
merce; and if they were, that the power
to regulate commerce was not exclusively
vested in Congress. There were other
positions taken, the foregoing, how
ever, are sufficient to give an under
standing of the opinions as we shall refer
to them, on the points involved in this
decision.
It should be kept in remembrance,
that the passengers contemplated in the
acts of the Legislatures before mentioned,
were free white European or American
passengers-citizens of the United States
or capable of becoming SO; as aliens in
vited to our shore to enjoy the blessings
of free government, and become inter-
ested in its success and prosperity. They
could bring their families; settle ourpub-
lie lands; populate our country; in
crease our wealth; sustain our schools,
and build up the religion of the Bible.
They could marry and intermarry with
our people, defend our flag, and make
this their country for the living and the
dead. Our naturalization laws, giving
the right of intercourse, and securing all
these blessings, were before the Declara-
tion of Independence, or the Constitution
of the United States.
These rights conceded only to free
,chite Euwopean aliens and these bene-
fits afforded to the States covering vast
territories of public unoccupied lands,
constituted the strongest reason with the
Court in support of the decision, that
the laws of New York and Massachusetts,
taxing such alien passengers, were uncon-
stitutional and void.
NATURALIZATIoN THE BASIS OF INDE-
PENDENoE.
In support of this view, Justice Catron
in delivering the opinion of the Court in
these very cases says: "Our first step
towards establishing an independent gov
ernment, was by the Declaration of Iude-
pendence. BY that law it was declared
that the British King had endeavored to
prevent the population of the Colonies,
by obstructing the laws for the naturali-
zation of foreigners, refusing to pass 9TH
ers to encourage their migration hather ;
and raising the conditions of new appro-
priations of lands. During the confed-
Grafton the States passed naturalization
laws for themselves, respectively, In which
there was great want of uniformity, and
therefore the Constitution provided that
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