New-York tribune., 1876-03-29

lANofN''@
estness that nasmuch this statute does not come into
operation until Il hours after tho passenger has landed
ard has mingled with, or has tho right TO mnSc Wlth'
the mass OF tbs population, he is Withdrawn fro the
innnence OF laws when Congress might pass on Jhe
subject and RENTED 10 the laws the its
citizens are IL might be sufficient answer 10 say tna
this is a nero evasion OF the protection which the
foreigner has right 10 expect lfom the federdi
Government when he lands here stranger owing al
leganco TO another Government ana looking 10 IL Tor
sch protection as grows Out OF his relation 10 that Gov
ernment. But the branch oi the stiiuJe WIch We are
sbiu-ovner 1t hods him responsible for what he has
done before tho twentyfour hours commeaoe lie is to
give the bond pay the money because he mas landed
tbe and he is given twenty hours time to
DO this before the penalty attaches When lie Is sGed l0r
this penalty it is because the man has Deen mere
hours but because nc brought hun here and
failed To give the bond or pay II Do. .
effective operation OF TINS law Deglns a the othcf
end of the voyage The requires Of the passon-
ger before admitted board, part OF se pas
the privilege OF landing him in NewYork. II is as we
have already said effect tax on the asseneer which
completed when he lands on the American shore Inc
case does not even require us to consider az
himself passes from the sole protection OF the con
sttution laws and treaties of tie United States and be-
comes subject such laws as the state may rghiuiiy
Dass AS was the case In regard TO mpOrtdtons OF mer
chandise in Brown against Maryland Q2 Wheaton. 10
argument tnat this demand Of the OF the ssei
FOR bond or money on account OF every PASSENGER
landed ny his from foreign shore Is II valid an obga,
on which he ncurs BY bringing the passenger here and
which Is perfect the moment he leaves the vessel
CONCLUSIONS.
We are OF the opinion that this whole subject has been
conded to Congress by the Constitution that Congress
can moro appropriately and with acceptance ex
ercse it than any other body known law state
National that by providing system OF laws applicable
to ali ports and 10 all vessels, serious question which
has long been matter of contest and complaint may
be effectually and satisfactorily settled.
Whether in the absence OF suc actOn the states can
or how far they by appropriate legislation protect
themselves against actual PaupeIs Yasnts eIlihais,
and Diseased persons arriving III their territory fOm Tor
eign countries We do not decide The portions Of the
New statute which concerns persons, who On spec-
On found to belong u these classes, not prop
ery before US the relief sought 10 the part OF
the statute applicable to ali passengers alike and Is the
only relief which can be given IN this bill The decree OF
the Circuit Court OF NewYOrk IN the OF John and
Thomas Henderson aet. The Mayor OF New York aud
tho Commissioners OF Emigration Is reversed, and the
case remanded with directions 10 enter decree Tor an
Injunction in accordance with this opinion.
The statute OF louisiana which Is involved In the case
OF The Commissioners Of Emigration against The North
German Lloyd very similar To, II not an exact copy
Of that OF NewYOrk ~ need separate cODsidera
ton In this case the relief sought against exacng
the bonds paying the commutati0n money ~ 10 all
passengers which relief the Circuit Court granted by
appropriate injunction, and the decree In that case u
accordingly affirmed.