Page:Immigration and the Commissioners of Emigration of the state of New York.djvu/202

174 be dutiable as non-enumerated. Whether a tax is imposed on shipboard or in a hotel, cannot make a void tax valid or a valid tax void.

The first clause of the second section of the fourth article reads as follows:

"The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States."

Woodbury, J. (7 Howard, 525), says that but for this clause each State would have the right to exclude the citizens of every other State, and that, as respects foreigners, the original right of each State to exclude all except its own citizens is unimpaired.

Taney, C. J. (p. 491), says: "I believe only so much of this act as taxes passengers coming from foreign ports is constitutional. The citizens of one State have free access to Washington, etc., and to pursue slaves," etc.

The second section of the sixth article of the Constitution says:

"This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land."

"Whenever a right grows out of or is protected by a treaty, it is sanctioned against all the laws and judicial decisions of the States; and whoever may have this right, it is to be protected." 5 Cr., 348; 4 Am. Law Reports, 604; 6 Opin., 291, Walker; Cr., 129; 1 Doug., 546.

"By Art. 14 of Treaty of 1794 with England," says McLean, J., in Smith v. Turner (7 Howard, 468), "the people of each country may freely come into the other." "But," says Daniels, J., of the minority, "in the first place, treaties are not supreme unless made within the authority legitimately exercised by the Federal Government. A treaty can't cede away a right of a single State reserved in the Constitution. In the second place, that article can not be so construed as to prohibit such taxation." Taney, C. J.,