“ Commerce ” includes the Transportation of Passengers.—The term “ Commerce,” as employed in section eight, Article I of the Constitution of the United States, is not limited to an exchange of commodities only, but includes, as well, “intercourse” with foreign nations, and between the States; and the term “ intercourse ” includes the transportation of passengers.

Idem.—When the Congress, in the exercise of its constitutional right, has by its legislation established regulations of commerce with foreign nations, and among the several States, its authority is paramount and exclusive, and its enactments supersede all State legislation on those subjects. Whether the States could constitutionally exercise this power in the absence of congressional legislation, not decided.

Idem.—In the case where the State has not the constitutional power, by means of direct legislation, to regulate tho intercourse of its citizens with foreign nations, and with the other States, it cannot accomplish by indirect methods what it is forbidden to do directly.

Idem—Regulation of Commerce with Foreign ¡Nations, and Between the States, by Congress.—By the enactment of section two hundred and eighty-five of the United States Internal Revenue Act, (2 Brightley’s ¡Dig. 271,) the Act of August 30th, 1852, and tho Act of March 6fch, 1855, (10 U. S. Statutes at ¡Large, 61, 715,) Congress has undertaken to regulate the entire business of transporting passengers by sea.

¡Nature and Objects of Act of Legislature passed May 14th, 1862, (Statutes 1862, p. 539).—The Act entitled “An Act to provide revenue for the support of the government of this State from a tax upon foreign and inland bills, passengers, insurance companies, and other matters,” passed May 14th, 1862, has no reference to the execution of the inspection laws of this State, and is not in the nature of a police regulation, but is a measure designed for revenue purposes only.

Idem—Act Unconstitutional.—The stamps which, by the provisions of the Act, are required to bo purchased from the State, are to he regarded in no other light than as a tax on the contract for passage, to be paid by the passenger. This is a regulation of commerce, within the meaning of section eight, Article I of the Federal Constitution, and the Act is unconstitutional and void.