Passenger Cases - Catron Opinion

Catron Opinion

As noted above, Justice Catron's opinion ostensibly addressed only the New York case (Smith vs. Turner). However, its discussion of Congressional statutes and treaties is applicable to both the New York and Massachusetts (Norris vs. City of Boston) cases.

Catron discusses federal law regarding naturalization of immigrants as American citizens. The Declaration of Independence had included in the offenses of the King that he had "endeavored to prevent the population of the colonies by obstructing the laws for the naturalization of foreigners, and refusing to pass others to encourage their migration hither." The United States Constitution commits to Congress the power "to establish a uniform rule of naturalization." Catron discusses Congressional implementation of its jurisdiction over naturalization. On March 26, 1790 Congress enacted legislation permitting any immigrant alien who was a "free white person" to become a naturalized United States citizen after a mere 2 years of residence in the United States. Congress later (April 14, 1802) amended the naturalization statute to require 5 years of residence. Catron waxed regarding the benefits which promoting immigration had conferred on the United States:

Under these laws have been admitted such numbers, that they and their descendants constitute a great part of our population. Every department of science, of labor, occupation, and pursuit, is filled up, more or less, by naturalized citizens and their numerous offspring. From the first day of our separate existence to this time has the policy of drawing hither aliens, to the end of becoming citizens, been a favorite policy of the United States; it has been cherished by Congress with rare steadiness and vigor. By this policy our extensive and fertile country has been, to a considerable extent, filled up by a respectable population, both physically and mentally, one that is easily governed and usually of approved patriotism."

Catron had no doubt that the 295 immigrants aboard the Henry Bliss whom New York State proposed to tax were responding to this federal policy:

We have invited to come to our country from other lands all free white persons, of every grade and of every religious belief, and when here to enjoy our protection, and at the end of five years to enjoy all our rights, except that of becoming President of the United States. Pursuant to this notorious and long established policy, the two hundred and ninety-five passengers in the Henry Bliss arrived at the port of New York."

Catron observed that the States may not tax goods or possessions of immigrant passengers, citing both a federal statute and the United States Supreme Court opinion of Brown vs Maryland. He then poses the question as to whether the result should be any different with respect to taxation based on the passengers themselves.