New-York tribune., 1876-03-29


English or pauper who lands at the same time fro
the same vessel
NO AUTHORITATIVE DECISION UNTIL NOW.
SO the authority Of the cases OF New-forx aa'
Min and the passenger can be received as conou
sve they decide that requirement OF catalogue OF
passengers with statements Of their last residence ana
other matters OF that character s proper exercise Vi
State authority and that the requirement OF the pohu o
the alternative paymeIN OF money Tor esch PPnsd Passe
ger is void, because forbidden by the Cohsu-
tuition and laws OF the United States. But tns
passenger ESQ called because similar sSe o
ton ut the same time with that OF NeW.iorhl Kean
Sded oy pare mST OF ne aSdrer held both statutes
void. while ChiefJustico Taney ana Jus,ld9S Zach
Nelson, and Woodbury. held them Nanu. !e i.aon
member of the court delivered separate opinion giving
tho for his Judgment except Judge Nelson 1oe
conrt Nor there TO be found in the given by
the Judges who constituted the majority such naITI ;I
il lacks by reason OF the divided judgmds of tine mem
bers OF the Court Under these clrcums,ah&9es o. " dE
three cases before arising under statutes ol ree
ferent States on the same subject which have Deen uIs
cussed though open in this Court TO an h home
bearing upon the question, we approacn IL NH @ ~ ur
of attaining unanimty not found III inc opnlons Vi Jul
predecessors.
REGULATION OF COMMERCE DEFINED.
As already indicated, the provision of the Consutu
ton OF the United states witch the principal rehauce
is placed to make void the statute OF New-fork Is that
which gives to Congress the power "to regulate com
Derce with foreign nations" As was said IN Ohiteu
states at. Holiday, Wall, Az. commerce Win I'm
United States and citizens subjects OF foreign gov
eTnGents" 1t means trade ana II means .oo, mes
nations and parts Of nations in all its Dianches.
II includes navigation, as the principal mean means ~, ~
trade and intercourse il TO prescribe the res by |e9 %
it shall be conducted The mind" says TIE great Cne
Justice, can scarcely conceive system Tor reSuidLhs
between nations which sia exclude al iaws
concerning navgation which shah De 9ohT @ f W.T. or an
oTheT" and lie might have added, WIN equal iULot,
which prescTibcs terms for the admission OF lhei
or fhep (iiDDOuS ~
Since The delivery Of the opinion in that case which
has the accepted canon OF construction 81 inns
clause OF the Constitution far as II extends e trhs
portaon Of passengers European ports t. those OF
the United States has attained magnitude ana import
ance far beyond it's proportions al tnaV uiho ~ V'
II mas become part OF our commerce with foreign
nations Of interest 80 this country as wen as 10 the
Immigrants who come among us, to ind welcome ,lu
home within our borders. Ia addition TO the wealth
which OF them bring, they bring still more arsef
the labor which We need to I'll our soil Dulu our e I ~
roads, and develop the latent resources OF uie
country in its minerals, Its manqfactuIes' ana ana
great system a regulation Of connercel Can u be
doubted that aw which presc 6os the terms on c w,cn
vessels shall engage in 1t Is laW Fesaa,ing s DiC s
of cOmmercef Tho transportation of PASSENGER ron
pcted until the passenger Is dlsenDaFhc al llo per ~
the later city. law or rule elnanatng Iroh euy
which alone the vessel can discharge It's paSscnses
regulation of commerce. and in case OF vessels ah
passengers coming from foreign ports IS regulation OF
commerce with foreign ports
NOT A POLICE REGULATION.
Nothing Is gained in the argument by ealing u the
police power Very many statutes when the authority
Oh which their on2ctnents rest is examined may be re-
forred TO different OF power, and supported
eoualIy well under any OF them. statute may at the
same time be exercise OF the taxing power ana OF me
power OF eminent domain statute p1hshlg coi,cl ,
eiting may be for the protection OF the private c1sh
against fraud, and measure ior the po'ettOi ~ 'e %
currency and the safety OF the Government "mcn Is
IL must occur very often that the shading which marks
the line between enc class OF leglSatlon ana "no'ncr
Bnt hoveycr dcut that may be- If is clear from the
nature OF complex form o government that Theh-
ton which belongs exclusively TO the congress o! me
United void, no difference under hat class
OF powers may fall or how closely allied TO powers COZ
ceded 10 belong to The state o.,..s
IL has been ccnteuded" says g. J. Marshall that II
law passed by q STATE, in the exercise Of II. aeknowl
VisSu m o % Of the Consttntio1 thcy AFFECT
the subject and each otber like equal opposing powers
thinS and provided for il by declaring the supremacy
not only OF itself, but: OF the laws made in
pursuance thereof The nulliy oi any @ aoI
nSSdH'' daced by the the declaration tGat the Con
stitntion IS supreme" where the Federal Govern.
mont has acted he says Ia every such case The ac OF
Congress the treaty is supreme aud the laws C me
state though enacted in the exercise Of powers not con
troyerted, must yield to it." q wheaton, 2lVJ
WHOLLY NATIONAL AFFAIR.
1t is said however that under the decisions of this
court there is a Kind of neutral ground especially in
that covered by the regulation Of commerce which may
bo occupied by the State ana it's legislation be valid 50
long as il intsreres with Of Congress or treaty Of
bv f5vo the opinions Of several ii the Judges in the
passenger cases, by the decisions OF the court
How 299 aud by The case of Crandall agt. Nevada,
Wall, 3d. aud Gilman agt. Philadelphia, 3 Nail, -
But this doctrine has always been controversies IN TINS
Court aud has seldom, il ever, been stated without uS
sent These decisions however, al agree that under ihe
clause OF the Constitution or Wlthh us com
pass there powers which, from their nature are eA
elusive Congress and in the case OF Cody ag. INC
Board Of WaIdens, 1t was said that "haeytt euSotis
of this power are in their natuy national, or
admit qgsF Ss p sy9 e6 nors or PAq sas s1 %hy
syc legislation by Congress" \ rcEu,ii"n winch IN
poSes onerous, perhaps lDiposs cohu'OmS % on . 100
OF necessity be national It's character Il is moro than
If equally clear that Inc matter Of these statutes
be- and ought to be, the sulec; OF uniform system or
plan The laws which govern the right TO land paSsen
gers in the United States from otner countries ought
70 be the same in New-icrA, Boston, Now. New
Orleans and san Francisco 4 striking evidence
Of the traih OF ms M The - s es TO DC Of Se
II the similarly, almost ieI-tS' %! nc VI .
York Of louisiana and California, now before us Tor
consideration in those three 10 Is apparent thore
forr taf II there b, class of laws which may be valid
SEep ' sed by he states. until the same groand is oc-
cuped treaty OF an act OF congress- IDS statute IS
not of that class.
A LAW THAT REACHES ACROSS TIE OCEAN. E77223
The argument that has been pressed with earn
o,tnes that inasuch as statute does not into
operation until "a after tho passenger has landed
and has mingled WITH has tho right to ninSc with,
the mass OF tho population, he is Withdrawn frol1 the
ndDence of any laws which Congress might pass or the
sibiect ana RENTED 10 the laws Of the state its
citizens are 1t might be sufficient answer 10 say that
this is nero evasion OF the protection which the
foreigner has right to expect from the Federal
Government when he lands here stranger owing al
leganco another Government and looking To IL FOR
sch protection as out OF his relation 10 that Gov
ernment the branch Ot the statute which we are
considering il directed 10 and operates directly on the
ship-ovner 1t holds him responsible Tor Wnat he mas
done before tho twentyOur hours coIDmeaoo lie Ia TO
give tie pay the money, because he mas landed
the passenger, and he is gwen twenty 9ur hours te 10
DO this before the penalty attaches When he Is sued i0r
This penalty it is because the man has been here
wentyfOuT hours but because nc brought nun mere ana
failed 10 give the bond or pay 81 DO.
The effective operation OF this law begins at the other