Mr. Madison. and Judge Story. In 1Y52 Congress passed "An act to regulate immigration." which imposed on steamship companies a tax of 50 cents a head for every foreign passenger brought into the United States from any foreign country. The constitutionality of this act was assailed by certain steamship companies which refused to pay. on the ground that such a charge could not be levied under the taxing power. The act was not passed for the purpose of raising revenue. but to restrict immigration and aid poor immigrants out of the funds realized. The Suprenme Court held. in an opinion to which there was no dissent. that the statute was a valid exercise of the power to regulate commerce. and therefore constitutional and binding. To the same effect are many other cases that I might cite. but this one covers the whole field of controversy.
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