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George Smith, Plaintiff in Error, v. William Turner, Health-Commissioner of the Port of New York James Norris, Plaintiff in Error, v. The City of Boston U.S. 283 (1849)

handle is hein.slavery/ussccases0281 and id is 1 raw text is: JANUARY TERM, 1849. 8S Passenger Cases.-Smith v. Turner. motion of Mr. Inge, of counsel for the defendants in error, to dismiss this writ of error for the want ofjurisdiction. On con- sideration whereof, it is now here ordered and adjudged by this court, that this cause be and the same is hereby dismissed for the want of jurisdiction. GEORGE SMITH, PLAINTIFF IN .ERROR, V. WILLIAM TuINEE, HEALTH- COMMISSIONER OF THE PORT OF Naw YORK. JAMES NoRRIS, PLAINTIFF IN ERROR, v. THE CITY OF BOSTON. Statutes of the States of New York and Massachusetts, imposing taxes upon alien passengers arriving in the ports of those States, declared to be contrary to the Constitution and laws of the United States, and therefore null and void. Inasmuch as there was no opinion of the court, as a court, the reporter refers the reader to the opinions of the judges for an explanation of the statutes and the goints in which they conffilcted..with the Constitution aifd laws of the United tates. THESE were kindred cases, and were. argued together. They were both brought up to this court by writs of. error issued un- der the twenty-fifth section of the Judiciary Act; the case of Smith v. Turner being brought from the Court for the Trial of Impeachments and Correction of Errors of the State of New' York, and the case of Norris v. The City of Boston from, the Supreme Judicial Court of Massachusetts. The opinions of. the justices of this court connect the two casds so closely, that the same course will be pursued in reporting them which was adopted in the License Cases. .Many of'the arguments of counsel relate indiscriminately to both. A statement of each case will, therefore, be made separately, and the argu- ments and opinions be placed in their appropriate class, as far as practicable. SMITH v. TuR.NER In the first volume of the Revised Statutes of New York, pages 445, 446, title 4, will be found the law of the State whose constitutionality was brought into question in this case., The law relates- to the marine hospital, then established upon Staten Island, and under the superintendence of a physician and certain commissioners of health. The seventh section provides, that 1 the health-commissioner. shall demand and be entitled to receive, and in'case of neglect or refusal to pay shall sue for and recover, in his name of office,

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