Wharton v. Wise

Last updated
Wharton v. Wise
Seal of the United States Supreme Court.svg
Argued March 5–6, 1894
Decided April 23, 1894
Full case nameWharton v. Wise
Citations153 U.S. 155 ( more )
14 S. Ct. 783; 38 L. Ed. 669; 1894 U.S. LEXIS 2172
Holding
Writ of habeas corpus is denied; a Maryland citizen's right to fish in Pocomoke Sound is not protected by the Maryland–Virginia Compact of 1785, and the compact does not prohibit Virginia from trying a citizen of Maryland for crimes committed in the area covered by the compact.
Court membership
Chief Justice
Melville Fuller
Associate Justices
Stephen J. Field  · John M. Harlan
Horace Gray  · David J. Brewer
Henry B. Brown  · George Shiras Jr.
Howell E. Jackson  · Edward D. White
Case opinion
MajorityField, joined by Fuller, Harlan, Gray, Brewer, Brown, Shiras, Jackson, White
Laws applied
Article I, Section 10, Clause 3

Wharton v. Wise, 153 U.S. 155 (1894), is a 9-to-0 ruling by the Supreme Court of the United States, which denied a citizen of the state of Maryland a writ of habeas corpus. The appellant, tried and convicted of illegally harvesting oysters from Pocomoke Sound in the Chesapeake Bay, had argued that his right to fish was protected by an interstate compact and that this compact also barred the state of Virginia from trying him. The Supreme Court disagreed on both counts. [1]

Contents

Background

The states and citizens of Maryland and Virginia had long disputed who had rights to fish in the mouth of the Pocomoke River (known as "Pocomoke Sound") where it emptied into Chesapeake Bay. [2] [3] Maryland occupied the sound's northern side, while Virginia occupied its southern side. In 1785, the two states entered into a compact, which declared Pocomoke Sound, the Potomac River (which they also shared as a common border), and the Chesapeake Bay a common waterway, and each state pledged not to interfere with the other's water-borne traffic via tax, duty, prohibition, or restraint. [2] [4] [5] The seventh clause of the Maryland–Virginia Compact of 1785 provided that "the right of fishing in the [Potomac River] shall be common to and equally enjoyed by the citizens of both states, provided that such common right be not exercised by the citizens of the one state to the hindrance or disturbance of the fisheries on the shores of the other state, and that the citizens of neither state shall have a right to fish with nets or seines on the shores of the other." [6] The eighth clause addressed both the Potomac and Pocomoke Rivers, and provided that all "laws and regulations which may be necessary for the preservation of fish, or for the performance of quarantine in the River Potowmack, or for preserving and keeping open the channel and navigation thereof, or of the River Pocomoke, within the limits of Virginia, by preventing the throwing out ballast or giving any other obstruction thereto, shall be made with the mutual consent and approbation of both states." [7] Under the compact's tenth clause, crimes committed on these common waterways were to be tried thusly: Virginians committing offenses against Marylanders should be tried in Maryland courts, Marylanders committing offenses against Virginians should be tried in Virginian courts, and citizens of neither state committing crimes against either Marylanders or Virginians should be tried in Virginian courts. [8]

In 1892 Virginia passed a law barring all non-Virginians from harvesting oysters or any other shellfish from the Pocomoke River or Pocomoke Sound.

In March 1893, Robert Wharton, a citizen of Maryland, was arrested by Virginia law enforcement authorities for harvesting oysters from Pocomoke Sound. [9] [10] Wharton argued at trial that the Compact of 1785 permitted him to fish without restriction in Pocomoke Sound, and that since the Virginia law had not been adopted by the state of Maryland there was no restriction on his activities. [9] [10] He also argued that, under the compact, Virginia had no right to try him. [10] Virginia filed a demurrer, which the trial court sustained. Wharton was convicted. The defendant now filed a writ of habeas corpus against John H. Wise, Sheriff of the Accomack County, Virginia. [9] [10] The writ was heard by the United States district court for the eastern district of Virginia, which denied the writ. [10] The defendant appealed to the U.S. Supreme Court.

Ruling

Associate Justice Stephen Johnson Field wrote the majority opinion for the Court.

Justice Field briefly reviewed the background of the Compact of 1785, as well as the language of its relevant sections. [5]

Virginia had questioned the validity of the Compact of 1785, suggesting it violated Article 6 of the Articles of Confederation (which banned treaties between states without the consent of the United States Congress) and was superseded at any rate by the U.S. Constitution (which entered into force in 1789). [11] Field dismissed both claims. The Articles of Confederation prohibited pacts intended to weaken the Confederation, Field said, and did not ban all pacts between states. [11] Although provisions of the compact could be superseded by the Constitution, none of the operative articles of it were; in fact, Maryland, Virginia, and the United States government have all treated the compact as if it were still binding and enforceable. [12] Field relied heavily on Virginia v. Tennessee , 148 U.S. 503 (1893), decided in the prior term, in defining what a "compact" was and the extent of the Constitution's prohibition on them. [13] But Field not only concluded that the Compact of 1785 was not in violation of the Articles of Confederation but also strongly asserted that the Constitution did not apply to those already in force at the time of its adoption: [14]

In our judgment, the Compact of 1785 was not prohibited by the Articles of Confederation. It was not a treaty, confederation, or alliance within the meaning of those terms as there used, and it remained as a subsisting operative contract between them, in full force, when the confederation went out of existence upon the adoption of the present Constitution of the United States, and it was not affected or set aside by the prohibitory clause of that instrument. Its prohibition extends only to future agreements or compacts, not against those already in existence, except so far as their stipulations might affect subjects placed under the control of Congress, such as commerce and the navigation of public waters, which is included under the power to regulate commerce. Furthermore, Field said, both states as recently as 1874 had agreed that the Compact of 1785 remained valid and in force. [15]

Field now turned the Court's attention to the construction of the actual clauses contained in the compact. Field observed that Article 7 of the compact contained no reference to the Pocomoke, and so was irrelevant to the issue at hand. [16] Article 8 likewise contained no relevant language, he said. [17] Field rejected as wrongly decided Hendricks v. Commonwealth, 75 Va. 939, (1882), a decision by the Virginia Court of Appeals (which gave equal fishing rights in the Potomac and Pocomoke), because that court drew its conclusion based on a mis-quoted Article 8. [18] Lastly, Field noted that at no time was Pocomoke Sound ever considered merely a part of the Pocomoke River. The two bodies of water were, at the time the compact was entered into, and for many years thereafter, considered distinct bodies of water, and Pocomoke Sound was not covered by the Compact of 1785. [19]

Finally, Field argued that the crime Wharton committed was a crime against the state of Virginia, not against one of her citizens. Since a crime against the state itself was not mentioned in the Compact of 1785, Virginia was entirely within her rights to try, convict, and punish Wharton. [20]

The writ of habeas corpus was denied. [20]

Related Research Articles

Potomac River River in the Mid-Atlantic United States

The Potomac River is found within the Mid-Atlantic region of the United States and flows from the Potomac Highlands into the Chesapeake Bay. The river is approximately 405 miles (652 km) long, with a drainage area of about 14,700 square miles (38,000 km2). In terms of area, this makes the Potomac River the fourth largest river along the East Coast of the United States and the 21st largest in the United States. Over 5 million people live within the Potomac watershed.

Chesapeake Bay Estuary in the U.S. states of Maryland and Virginia

The Chesapeake Bay is the largest estuary in the United States. The Bay is located in the Mid-Atlantic region and is primarily separated from the Atlantic Ocean by the Delmarva Peninsula with its mouth of the Bay at the south end located between Cape Henry and Cape Charles. With its northern portion in Maryland and the southern part in Virginia, the Chesapeake Bay is a very important feature for the ecology and economy of those two states, as well as others surrounding within its watershed. More than 150 major rivers and streams flow into the Bay's 64,299-square-mile (166,534 km2) drainage basin, which covers parts of six states and all of Washington, D.C.

Delmarva Peninsula Large peninsula on the East Coast of the US

The Delmarva Peninsula, or simply Delmarva, is a large peninsula on the East Coast of the United States, occupied by the vast majority of the state of Delaware and parts of the Eastern Shore regions of Maryland and Virginia. The peninsula is 170 miles (274 km) long. In width, it ranges from 70 miles (113 km) near its center, to 12 miles (19 km) at the isthmus on its northern edge, to less near its southern tip of Cape Charles. It is bordered by the Chesapeake Bay on the west, and the Delaware River, Delaware Bay, and the Atlantic Ocean on the east.

Saxis, Virginia Town in Virginia, United States

Saxis is a town in Accomack County, Virginia, United States. The population was 241 at the 2010 census.

Colonial Beach, Virginia Town in Virginia, United States

Colonial Beach, Virginia (CBVA) is a river and beach town located in the northwestern part of Westmoreland County on Virginia's Northern Neck peninsula. It is bounded by the Potomac River, Monroe Bay and Monroe Creek and home to the second-largest beachfront in the state. It is located 65 mi (105 km) from Washington, D.C.; 70 mi (110 km) from the state capital of Richmond; and 35 nautical miles from the Chesapeake Bay.

Pocomoke River

The Pocomoke River stretches approximately 66 miles (106 km) from southern Delaware through southeastern Maryland in the United States. At its mouth, the river is essentially an arm of Chesapeake Bay, whereas the upper river flows through a series of relatively inaccessible wetlands called the Great Cypress Swamp, largely populated by Loblolly Pine, Red Maple and Bald Cypress. The river is the easternmost river that flows into Chesapeake Bay. "Pocomoke", though traditionally interpreted as "dark water" by local residents, is now agreed by scholars of the Algonquian languages to be derived from the words for "broken ground."

History of Maryland

The recorded history of Maryland dates back to the beginning of European exploration, starting with the Venetian John Cabot, who explored the coast of North America for the Kingdom of England in 1498. After European settlements had been made to the south and north, the colonial Province of Maryland was granted by King Charles I to Sir George Calvert (1579–1632), his former Secretary of State in 1632, for settlement beginning in March 1634. It was notable for having been established with religious freedom for Roman Catholics, since Calvert had publicly converted to that faith. Like other colonies and settlements of the Chesapeake Bay region, its economy was soon based on tobacco as a commodity crop, highly prized among the English, cultivated primarily by African slave labor, although many young people came from Britain sent as indentured servants or criminal prisoners in the early years.

Chesapeake Bay Program Congressional/interstate plan to remediate damage to the Bays ecosystem, initiated 1983

The Chesapeake Bay Program is the regional partnership that directs and conducts the restoration of the Chesapeake Bay in the United States. As a partnership, the Chesapeake Bay Program brings together members of various state, federal, academic and local watershed organizations to build and adopt policies that support Chesapeake Bay restoration. By combining the resources and unique strengths of each individual organization, the Chesapeake Bay Program is able to follow a unified plan for restoration. The program office is located in Annapolis, Maryland.

Maryland in the American Civil War The states participation as a Union slave state; a border state

During the American Civil War (1861–1865), Maryland, a slave state, was one of the border states, straddling the South and North. Despite some popular support for the cause of the Confederate States of America, Maryland would not secede during the Civil War. Because the state bordered the District of Columbia and the strong desire of the opposing factions within the state to sway public opinion towards their respective causes, Maryland played an important role in the war. Newly elected 16th President Abraham Lincoln, suspended the constitutional right of habeas corpus from Washington DC to Philadelphia, PA; and he dismissed Chief Justice Roger B. Taney of the U.S. Supreme Court's "Ex parte Merryman" decision in 1861 concerning freeing John Merryman, a prominent Southern sympathizer from Baltimore County arrested by the military and held in Fort McHenry. The Chief Justice had held that the suspension was unconstitutional and could only be done by Congress and would leave lasting civil and legal scars. The decision was filed in the U.S. Circuit Court for Maryland by Chief Justice Roger Brooke Taney, a Marylander from Frederick and former member of the administration of the seventh President Andrew Jackson, who had nominated him two decades earlier.

The Mount Vernon Conference was a meeting of delegates from Virginia and Maryland held March 21–28, 1785, to discuss navigational rights in the states' common waterways. On March 28, 1785, the group drew up a thirteen-point proposal to govern the rights of both states on the Potomac River, Pocomoke River, and Chesapeake Bay. Known as the Mount Vernon Compact, formally titled as the Compact of 1785, this agreement not only covered tidewater navigation but also extended to issues such as toll duties, commerce regulations, fishing rights, and debt collection. Ratified by the legislature of both states, the compact helped set a precedent for later meetings between states for discussions into areas of mutual concern.

Virginia Marine Police

The Virginia Marine Police is the law enforcement division of the Virginia Marine Resources Commission, an agency of the Commonwealth of Virginia, United States.

Tred Avon River

The Tred Avon River is a main tributary of the Choptank River in Talbot County on Maryland's Eastern Shore. The river is 17 miles (27 km) long.

Tangier Sound

Tangier Sound is a sound of the Chesapeake Bay bounded on the west by Tangier Island in Virginia, and Smith Island and South Marsh Island in Maryland, by Deal Island in Maryland on the north, and the mainland of the Eastern Shore of Maryland and Pocomoke Sound on the east. It stretches into Virginia as far south as Watts Island.

Events from the year 1785 in the United States.

Morris v. United States, 174 U.S. 196 (1899), is a 5-to-2 ruling by the United States Supreme Court which held that the bed under the Potomac River between the District of Columbia and the Commonwealth of Virginia belonged to the United States government rather than nearby private landowners on the District of Columbia side.

Pocomoke Sound

Pocomoke Sound is a bay of the Chesapeake Bay that forms part of the boundary between the Eastern Shores of Maryland and Virginia. The Pocomoke River is the largest stream feeding into the Sound, which is bounded by Somerset County, Maryland on the north, Worcester County, Maryland, Accomack County, Virginia, and Beasley Bay on the east, the Chesapeake Bay on the south, and Tangier Sound on the west. Its southwesternmost point may be considered to be Watts Island, Virginia.

Oyster Wars

The Oyster Wars were a series of sometimes violent disputes between oyster pirates and authorities and legal watermen from Maryland and Virginia in the waters of the Chesapeake Bay and the Potomac River from 1865 until about 1959.

The first USS James River (SP-861) was a United States Navy patrol vessel in commission from 1917 to 1918.

Virginia v. Maryland, 540 U.S. 56 (2003), is a case in which the Supreme Court of the United States settled a dispute between the Commonwealth of Virginia and the State of Maryland regarding Virginia's riparian rights to the Potomac River. The Supreme Court held in a 7—2 decision that Maryland has no legal authority to regulate or prohibit Virginia and its political subdivisions from building and improving structures in the river and from drawing water from the river. The decision drew heavily on the Maryland–Virginia Compact of 1785, an agreement between the two states concerning navigational and riparian water rights along the Potomac River.

Baltimore, Chesapeake and Atlantic Railway

The Baltimore, Chesapeake and Atlantic railroad, nicknamed Black Cinders & Ashes, ran from Baltimore, Maryland to Ocean City, Maryland consisting of 87 miles (140.0 km) of center-line track and 15.6 miles (25.11 km) of sidings. Chartered in 1886, the railroad started construction in 1889 and cost $2.356 million ($2021=67,862,000).

References

  1. ↑ Wharton v. Wise, 153 U.S. 155 (1894). PD-icon.svg This article incorporates public domain material from this U.S government document.
  2. 1 2 Wennersten, The Oyster Wars of Chesapeake Bay, 2007, p. 47.
  3. ↑ Sansonetti and Quast, "Not Just a Western Issue Anymore: Water Disputes in the Eastern United States," Cumberland Law Review, 2003, p. 188-189.
  4. ↑ Sansonetti and Quast, "Not Just a Western Issue Anymore: Water Disputes in the Eastern United States," Cumberland Law Review, 2003, p. 189.
  5. 1 2 Wharton, 153 U.S. at 162-165.
  6. ↑ Wharton, 153 U.S. at 164.
  7. ↑ Wharton, 153 U.S. at 164-165.
  8. ↑ Wharton, 153 U.S. at 165.
  9. 1 2 3 Wennersten, The Oyster Wars of Chesapeake Bay, 2007, p. 95.
  10. 1 2 3 4 5 Sansonetti and Quast, "Not Just a Western Issue Anymore: Water Disputes in the Eastern United States," Cumberland Law Review, 2003, p. 189-190.
  11. 1 2 Wharton, 153 U.S. at 167.
  12. ↑ Wharton, 153 U.S. at 167-168.
  13. ↑ Wharton, 153 U.S. at 168-171.
  14. ↑ Wharton, 153 U.S. at 171.
  15. ↑ Wharton, 153 U.S. at 171-173.
  16. ↑ Wharton, 153 U.S. at 174.
  17. ↑ Wharton, 153 U.S. at 174-175.
  18. ↑ Wharton, 153 U.S. at 175-176.
  19. ↑ Wharton, 153 U.S. at 176-177.
  20. 1 2 Wharton, 153 U.S. at 177.

Bibliography

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.