Today in Supreme Court History: February 5

Queen v. Hepburn, 11 U.S. 290 (decided February 5, 1813): Marshall holds that while hearsay can support a claim to property (for example as to boundaries) it can’t as to freedom; statements of people who were now dead that ancestor of mother and child petitioning for their freedom came from England and not Africa were properly excluded; Duvall, in his only written dissent in 24 years on the Court, points out that hearsay on this issue is allowed in his home state of Maryland and states: “The reason for admitting hearsay evidence upon a question of freedom is much stronger than in cases of pedigree or in controversies relative to the boundaries of land. It will be universally admitted that the right to freedom is more important than the right of property. And people of color from their helpless condition under the uncontrolled authority of a master, are entitled to all reasonable protection.” Ironically Duvall himself owned slaves, though he had made his reputation winning slaves their freedom. Five of the seven Justices were slave owners, which was the typical situation pre-Civil War.

New Jersey v. Delaware, 291 U.S. 361 (decided February 5, 1934): an original jurisdiction case involving Delaware’s “twelve-mile circle”, centered on the North Castle courthouse; Court agrees with special master that Delaware owns the Delaware River bed within the circle (one sees on Google Maps that the boundary hugs the New Jersey shore); as in most boundary cases, the report has a detailed history of the dispute, going back to Charles II’s grant to William Penn in 1681

People v. Compagnie Generale Transatlantique, 107 U.S. 59 (decided February 5, 1883): New York’s $1 tax on people stepping off the boat is a prohibited regulation of foreign commerce (the “Dormant Foreign Commerce Clause”); New York argues that this is a tax on inspection of imports (to weed out the infected/infirm) as is allowed by art. I, §10, cl. 2, but the Court holds that free persons can’t be “imported”, and the reference to “importation” of “persons” (art. I, §9) referred only to “persons of the African race”

Republic of Mexico v. Hoffman, 324 U.S. 30 (decided February 5, 1945): Mexico, which owned vessel which caused damage to American fishing vessel, did not have immunity from suit where it did not have possession of vessel; Secretary of State could certify such immunity but had not done so

Pacific Telephone & Telegraph Co. v. City of Seattle, 291 U.S. 300 (decided February 5, 1934): city ordinance imposing tax based on telephone company’s gross income in the city not impermissibly vague when exact amounts are computed by city official and not due until then