No State shall, without the Consent of Congress, lay any Duty of Tonnage
, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
When the Constitution was adopted, the Free Rivers Doctrine was one of the reasons for the inclusion of the Duty of Tonnage Clause.
9) It summarily rejected the continued validity of the Northwest Ordinance and the Virginia Compact, it ignored or misinterpreted more than 200 years of Duty of Tonnage Clause, Supremacy Clause and Commerce Clause jurisprudence, and it declared that interstate river traffic is fair game for the State's tax collector.
These include that the tax violates the Northwest Ordinance and the Virginia Compact, as well as the Duty of Tonnage, Supremacy and Commerce Clauses of the U.
West Virginia's ruling renders the Duty of Tonnage Clause (art.
Not all charges on vessels, however, are prohibited by the Duty of Tonnage Clause.
When, as in West Virginia's case, a state attempts to impose on a vessel a charge that is not related to any service provided by the state to the vessel but instead is levied upon the vessel based upon its weight or a proxy for its weight (such as fuel consumption), such a charge, without the consent of Congress, violates the Duty of Tonnage Clause and is void.
That a tax is not directly measured by the tonnage of a vessel or that it is denominated otherwise is irrelevant in determining whether the imposition violates the Duty of Tonnage Clause.
Therefore, the tax operates (as did the Rhode Island fee) as a duty of tonnage.
If the prohibition in the Duty of Tonnage Clause could be avoided by simply shifting the tax from the vessel itself (i.