Page:Immigration and the Commissioners of Emigration of the state of New York.djvu/190

 CHAPTER IX.

IMMIGRATION AS AFFECTED BY THE CONSTITUTION OF THE UNITED STATES.

IN concluding this essay, it is proposed to examine, in the light of the decisions of the court of last resort, the constitutional power of the several States to legislate on the subject of emigration, and especially to derive a revenue from immigrants.

There are but three cases in which the Supreme Court of the United States has had the question before them. The first was that of the City of New York against George Milne, reported in 11 Peters, 102, in which the decision was rendered at January term, 1837; the second was that of James Morris vs. The City of Boston; and the third and last, that of George Smith vs. William Turner, Health Commissioner of the Port of New York. The two latter were decided at the December term of 1848. The three cases can be summed up in a few words.

In the first case, the Corporation of the city of New York had instituted an action of debt, under the Statute of February 11, 1824, against George Milne, as consignee of the ship Emily, for the recovery of certain penalties imposed by this act. The declaration alleged that the Emily arrived in New York in August, 1829, from a country out of the United States, and that one hundred passengers were brought in the ship, on the voyage, and that the master had not made the report required; it therefore claimed that the amount of $15,000 as penalties had become due in consequence of the breaches of the statute referred to. The defendant demurred to the declaration, and the question finally presented to the Supreme Court was, whether or not the act of the Legislature of the State of New York assumed to regulate trade and commerce between the port of New York and foreign ports, and, if so, was it unconstitutional and therefore void?

The two other cases are the same in principle, and have consequently been considered together.