Smith v. Turner

48 U.S. 283 · Supreme Court of the United States · 1849

Facts

The State of New York enacted a law requiring its health commissioner to collect sums from masters of vessels arriving in the port of New York. For vessels from foreign ports, the master was to pay $1.50 for himself and each cabin passenger, and $1 for each steerage passenger, mate, sailor, or mariner. These "hospital moneys" were designated for the marine hospital, with any surplus going to the Society for the Reformation of Juvenile Delinquents. The master of the British ship Henry Bliss, Smith, arrived in New York in June 1841 and landed 290 steerage passengers. Turner, the health commissioner, brought an action to recover $1 for each of these passengers.

Procedural history

The health commissioner brought an action of debt against the ship master under the New York statute. The master filed a demurrer, arguing the statute was an unconstitutional regulation of commerce. The Supreme Court of the State overruled the demurrer, and the Court of Errors affirmed that judgment. The case was then brought before the U.S. Supreme Court under the twenty-fifth section of the Judiciary Act to determine the constitutionality of the New York statute.

Issue

Is the New York statute, which imposes a tax on masters of vessels for each passenger arriving from a foreign port, an unconstitutional regulation of commerce that conflicts with the power of Congress?

Holding

The New York statute imposing a tax on passengers arriving from foreign ports is an unconstitutional regulation of foreign commerce and is therefore void.

Rule

The power to regulate commerce with foreign nations and among the several States is exclusively vested in Congress. The transportation of passengers is an integral part of commerce, and a state law imposing a tax or duty on passengers arriving from foreign ports constitutes a regulation of commerce. Such state regulations are void as they infringe upon the exclusive federal power, especially when Congress has already legislated on the subject or when they conflict with treaty stipulations. While states retain police powers for health and safety, these powers cannot be used to impose taxes that regulate commerce.

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Case brief last reviewed 2026-10-03. Prepared by CaseReader from the published opinion.