Wharton v. Wise
Encyclopedia
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.
(known as "Pocomoke Sound") where it emptied into Chesapeake Bay
. 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. The seventh clause of the 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." 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." 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.
In 1892 Virginia passed a law barring all non-Virginians from harvesting oyster
s 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. 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. He also argued that, under the compact, Virginia had no right to try him. 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
. The writ was heard by the United States district court
for the eastern district of Virginia, which denied the writ. The defendant appealed to the U.S. Supreme Court.
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.
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). Field dismissed both claims. The Articles of Confederation prohibited pacts intended to weak the Confederation, Field said, and did not ban all pacts between states. Although provisions of the compact could be superseded by the Constitution, none of the operative articles of it have been—and in fact, Maryland, Virginia, and the United States government have all treated the compact as if it were still binding and enforceable. 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. But not only did Field conclude that the Compact of 1785 was not in violation of the Articles of Confederation, he strongly asserted that the Constitution did not apply to those already in force at the time of its adoption:
Furthermore, Field said, both states as recently as 1874 had agreed that the Compact of 1785 remained valid and in force.
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. Article 8 likewise contained no relevant language, he said. 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. 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.
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.
The writ of habeas corpus was denied.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
which denied a citizen of the state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
a writ of habeas corpus. The appellant, tried and convicted of illegally harvesting oysters from Pocomoke Sound
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...
in the Chesapeake Bay
Chesapeake Bay
The Chesapeake Bay is the largest estuary in the United States. It lies off the Atlantic Ocean, surrounded by Maryland and Virginia. The Chesapeake Bay's drainage basin covers in the District of Columbia and parts of six states: New York, Pennsylvania, Delaware, Maryland, Virginia, and West...
, had argued that his right to fish was protected by an interstate compact and that this compact also barred the state of Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
from trying him. The Supreme Court disagreed on both counts.
Background
The states and citizens of Maryland and Virginia had long disputed who had rights to fish in the mouth of the Pocomoke RiverPocomoke River
The Pocomoke River stretches approximately 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,...
(known as "Pocomoke Sound") where it emptied into Chesapeake Bay
Chesapeake Bay
The Chesapeake Bay is the largest estuary in the United States. It lies off the Atlantic Ocean, surrounded by Maryland and Virginia. The Chesapeake Bay's drainage basin covers in the District of Columbia and parts of six states: New York, Pennsylvania, Delaware, Maryland, Virginia, and West...
. 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
Potomac River
The Potomac River flows into the Chesapeake Bay, located along the mid-Atlantic coast of the United States. The river is approximately long, with a drainage area of about 14,700 square miles...
(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. The seventh clause of the compact of 1785 provided that "the right of fishing in the
In 1892 Virginia passed a law barring all non-Virginians from harvesting oyster
Oyster
The word oyster is used as a common name for a number of distinct groups of bivalve molluscs which live in marine or brackish habitats. The valves are highly calcified....
s 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. 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. He also argued that, under the compact, Virginia had no right to try him. Virginia filed a demurrer
Demurrer
A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection...
, 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
Accomack County, Virginia
As of the census of 2010, there were 33,164 people, 15,299 households, and 10,388 families residing in the county. The population density was 84 people per square mile . There were 19,550 housing units at an average density of 43 per square mile...
. The writ was heard by the United States district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
for the eastern district of Virginia, which denied the writ. The defendant appealed to the U.S. Supreme Court.
Ruling
Associate Justice Stephen Johnson FieldStephen Johnson Field
Stephen Johnson Field was an American jurist. He was an Associate Justice of the United States Supreme Court of the United States Supreme Court from May 20, 1863, to December 1, 1897...
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.
Virginia had questioned the validity of the Compact of 1785, suggesting it violated Article 6 of the Articles of Confederation
Articles of Confederation
The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was an agreement among the 13 founding states that legally established the United States of America as a confederation of sovereign states and served as its first constitution...
(which banned treaties between states without the consent of the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
) and was superseded at any rate by the U.S. Constitution (which entered into force in 1789). Field dismissed both claims. The Articles of Confederation prohibited pacts intended to weak the Confederation, Field said, and did not ban all pacts between states. Although provisions of the compact could be superseded by the Constitution, none of the operative articles of it have been—and in fact, Maryland, Virginia, and the United States government have all treated the compact as if it were still binding and enforceable. Field relied heavily on Virginia v. Tennessee
Virginia v. Tennessee
Virginia v. Tennessee, 148 U.S. 503 , was a decision of the United States Supreme Court, which had two questions: What is the correct boundary between the two states, and if the boundary was inaccurately set, can the state ask the court to change it? Does an agreement setting the boundary...
, 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. But not only did Field conclude that the Compact of 1785 was not in violation of the Articles of Confederation, he strongly asserted that the Constitution did not apply to those already in force at the time of its adoption:
- 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.
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. Article 8 likewise contained no relevant language, he said. 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. 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.
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.
The writ of habeas corpus was denied.