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Passenger Cases
Cites for this judgment
- US Supreme Court
- Jan 01, 1849
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up to this Court by writs of error issued under the twenty-fifth section of the Judiciary Act, the case of Smith v. TurnerSearch
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from the Court for the Trial of Impeachments and Correction of Errors of the State of New York, and the case of Norris v. CitySearch
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made separately, and the arguments and opinions be placed in their appropriate class, as far as practicable. SMITH v. TURNERSearch
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writ of error, issued under the twenty-fifth section of the Judiciary Act, brought the case up to this Court. NORRIS v. CITYSearch
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judgment a writ of error brought the case up to this Court. Page 48 U. S. 392 MR. JUSTICE McLEAN. SMITH v. TURNERSearch
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and yet, from the nature of the other powers, they are equally beyond state jurisdiction. In the case of Holmes v. JennisonSearch
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P. 39 U. S. 574 . In Houston v. MooreSearch
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The Court, again, in treating of the commercial power, said in Gibbons v. OgdenSearch
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In Brown v. StateSearch
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was considered in the case of Gibbons v. OgdenSearch
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And Mr. Justice Baldwin in the case of Groves v. SlaughterSearch
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Mr. Justice Story, in the case of New York v. MilnSearch
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in speaking of the doctrine of concurrent power in the states to regulate commerce, says that in the case of Gibbons v. OgdenSearch
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the acknowledged power of the states. The force of this argument was admitted by the court in the case of Gibbons v. OgdenSearch
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held that a state may pass a bankrupt law, which is annulled when Congress shall act on the same subject. In Sturges v. CrowninshieldSearch
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The case of Wilson v. BlackbirdSearch
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used, and the facts of the case before the court, but it would contradict the language of the court in Gibbons v. OgdenSearch
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Brown v. MarylandSearch
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the commercial power, the class of powers with which it is placed, the decision of this Court in the case of Gibbons v. OgdenSearch
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reiterated in Brown v. StateSearch
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That the transportation of passengers is a part of commerce is not now an open question. In Gibbons v. OgdenSearch
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This is within the principle asserted. The case of City of New York v. MilnSearch
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When they leave the ship, and mingle with the citizens of the state, they become subject to its laws. In Gibbons v. OgdenSearch
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to indemnify the public should they become paupers. The slave states have the power, as this Court held in Groves v. SlaughterSearch
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from state taxation, they can claim no exemption under the exercise of the same power among the states. In McCulloch v. StateSearch
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is a regulation of foreign commerce, which is exclusively vested in Congress, and the act is therefore void. NORRIS v. CITYSearch
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of these passengers before they were permitted to land. This, according to the view taken in the above case of Smith v. TurnerSearch
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be remanded to that court, with instructions to carry out the judgment of this Court. MR. JUSTICE WAYNE. NORRIS v. CITYSearch
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Of Boston, and Smith V. TurnerSearch
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in the preceding sentence. And in the sense in which those words were used by this Court in the case of Gibbons v. OgdenSearch
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opinions, without judicial authority to overrule the contrary conclusion, as it was given by this Court in Gibbons v. OgdenSearch
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also with MR. JUSTICE GRIER, in his opinion in the case of Norris v. CitySearch
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of the state. It is upon this distinction between territorial and political jurisdiction that the case of Brown v. MarylandSearch
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police power in favor of their constitutionality. Some reliance in the argument was put upon the cases of Holmes v. JennisonSearch
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Pet. 540, Groves v. SlaughterSearch
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Pet. 449, and Prigg v. CommonwealthSearch
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and have been more so from a subsequent examination of each of them. All that is decided in the case of Holmes v. JennisonSearch
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for such a purpose is in the United States. Page 48 U. S. 428 The point ruled in the case of Groves v. SlaughterSearch
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the provision in her Constitution required legislation before it acted upon the subject matter. The case of Prigg v. CommonwealthSearch
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opportunity has not been presented before. It is to make a narrative in respect to the case of City of New York v. MilnSearch
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S. 431 Court being of the opinion that, according to the Constitution and the decisions of this Court in Gibbons v. OgdenSearch
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and in Brown v. MarylandSearch
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There it is, to speak for itself, and it shows, as I have said, that so much of the opinion in the case of New York v. MilnSearch
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and particularly from the misapprehension that it was ever intended by this Court, in the case of New York v. MilnSearch
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in the slightest particular, what had been the judgments and opinions expressed by this Court in the cases of Gibbons v. OgdenSearch
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and Brown v. MarylandSearch
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without reversal. The Chief Justice, the morning after I had read the foregoing statement in the case of New York v. MilnSearch
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strongest reason to suppose that Mr. Justice Baldwin became satisfied, because, in his opinion in the case of Groves v. SlaughterSearch
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he quotes the case of New York v. MilnSearch
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