One of the early cases involving this matter was the Head Money caseOne Hundred and Twelfth United States Reports. page 190of Edye et al. v. Robertson. collector at the port of New York. In this case the collector went on board a foreign vessel having on board a great number of immigrants and. under an act of Congress. collected 50 cents per head for all aliens seeking entry into the United States. This money was paid to the collector under protest. and the action was brought to recover the amount paid. The defense was that the collector had proceeded in the matter as provided by an act of Congress regulating immigration. The plaintiff. however. asserted. and presented provisions of treaties with foreign nations in regard to immigrants coming from foreign countries. that the act of Congress regulating immigration was passed after the said treaties had been made. On this subject Justice Miller. who delivered the opinion of the Court. said: A treaty is primarily a compact between independent nations. It depends for the enforcement of its provisions on the interest and honor of the governments which are parties to it.
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