368 HASTINGS—POLICE POWER OF THE STATE. [June 19, 
that purpose provided in the act under consideration was an imme- 
diate report from shipmasters of names, places of birth, etc., of all 
passengers, that the city authorities might take the necessary steps 
to prevent their becoming a public burden as paupers or criminals. 
Marshall in Gibbon vs. Ogden is quoted as to the 
1««immense mass of legislation not surrendered to the general govern- 
ment, all of which can be most advantageously exercised by the states 
themselves.” 
The place in which the act takes effect is wholly within the state. 
Marshall’s opinion in Gibbon vs. Ogden is once more quoted for 
his luminous remark that 
2 “if a state in passing laws on a subject acknowledged to be within its 
control, and with a view to those subjects, shall adopt a measure of the 
same character with one Congress may enact, it does not derive its 
authority from the particular power which has been granted to Congress, 
but from some other which remains with the state, which, however, may 
be executed by the same means, All experience shows that the same 
measures, or measures scarcely distinguished from each other, may flow 
from distinct powers, but this does not prove them identical, although the 
means used in their execution may sometimes approach each other so 
nearly as to be confounded, yet there are certain situations in which 
they are sufficiently distinct to establish their individuality.” 
Judge Barbour finds the authority for the state of New York to 
pass the statute under consideration in what would now at once be 
called the ‘‘ Police Power,’’ although, as stated above, he only uses 
the phrase in quoting from Chief Justice Marshall. He says he 
places himself upon 
3 ‘‘impregnable positions”’ ‘‘that a state has the same undeniable and 
unlimited jurisdiction over all persons and things within its territorial 
limits as any foreign nation where that jurisdiction is not surrendered or 
restrained by the constitution of the United States; that by virtue of 
this it is not only the right but the bounden and solemn duty of a state 
to advance the safety, happiness and prosperity of its people and to pro- 
vide for its general welfare by any and every act of legislation which it 
may deem conducive to these ends where the power over particular sub- 
ject or the manner in which it is exercised is not surrendered or re- 
strained in the manner just stated; that all those powers which relate to 
merely municipal legislation or what may, perhaps, more properly be 
called internal police, are not thus surrendered or restrained, and that 
19 Wheat., 203. 2 Td., 204. 11 Pet.,.139. 
