Facts:
In 1882 the Congress passed an act providing that a duty of fifty cents should be collected for each and every passenger who was not a citizen of the United States, coming from a foreign port to any port within the United States. Individuals and steamship companies brought suit against the collector of customs at New York, Mr. WH Robertson, for the recovery of the sums of money collected. The act was challenge on the grounds that it violated numerous treaties of the US government with friendly nations.
Issue:
WON the act is void because of the conflict with the treaty.
Ruling:
A treaty is a compact between independent nations, which depends for its enforcement upon the interest and honor of the governments that are parties to a treaty. Treaties that regulate the mutual rights of citizens and subjects of the contracting nations are in the same category as acts of Congress. When these rights are of such a nature as to be enforced by a court of justice, the court resorts to the treaty as it would to a statute. However, a constitution gives a treaty no superiority over an act on congress. In short, so far as a treaty made by the United States with any foreign nation can become the subject of judicial cognizance in the courts of this country, it is subject to such acts as Congress may pass for its enforcement, modification, or repeal.
In 1882 the Congress passed an act providing that a duty of fifty cents should be collected for each and every passenger who was not a citizen of the United States, coming from a foreign port to any port within the United States. Individuals and steamship companies brought suit against the collector of customs at New York, Mr. WH Robertson, for the recovery of the sums of money collected. The act was challenge on the grounds that it violated numerous treaties of the US government with friendly nations.
Issue:
WON the act is void because of the conflict with the treaty.
Ruling:
A treaty is a compact between independent nations, which depends for its enforcement upon the interest and honor of the governments that are parties to a treaty. Treaties that regulate the mutual rights of citizens and subjects of the contracting nations are in the same category as acts of Congress. When these rights are of such a nature as to be enforced by a court of justice, the court resorts to the treaty as it would to a statute. However, a constitution gives a treaty no superiority over an act on congress. In short, so far as a treaty made by the United States with any foreign nation can become the subject of judicial cognizance in the courts of this country, it is subject to such acts as Congress may pass for its enforcement, modification, or repeal.
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