IN THE SUPREME COURT. J.W. CANNON VERSUS CITY OF NEW ORLEANS

New Orleans: A. W. Hyatt, Stationer, 38 Camp St., 1874. 40pp. Stitched in original printed wrappers, with wrapper title as issued. Signed on front and rear wrap by King, with his notations in pencil here and there in the margins or text. Light dusting and spotting. Good+.

The case illustrates the enduring constitutional conflict between local and national powers. The U.S. Constitution states: "No State shall, without the consent of Congress, lay any duty of tonnage." Yet the City of New Orleans imposed a tax, which it called "levee duties," on Cannon's vessel, the Steamer Robert E. Lee, without the consent of Congress. The Robert E. Lee, which ran between Vicksburg and New Orleans. was famous for its victory in its race against the Steamer Natchez, from New Orleans to St. Louis.
This is King's submission to the U.S. Supreme Court in the case of Cannon vs. City of New Orleans. The Court's decision, upholding King's argument, is reported at 87 U.S. 577 [1874]. Challenging the tax as a "duty of tonnage," King rebutted the City's claim that its Ordinance merely was compensation for the vessel's use of City wharfage. Justice Miller, writing for a unanimous Court, eviscerated the City's claim, noting, as does King's argument, that the City levied the tax regardless of a vessel's wharfage use. Justice Miller made short shrift of the arguments of "ill-regulated and overtaxed towns and cities" which sought to evade the constitutional prohibition.
King [1813-1881] "moved with his family from Griffin, Georgia, to Tuscaloosa, Alabama, where he attended the University of Alabama and earned AB in 1833 and AM in 1836. He subsequently moved to New Orleans where he practiced law ... He married first, March 18, 1840, in Tuscaloosa, Catherine M Drish (1820-1880) ... Catherine suffered from mental health problems, contributing to a divorce in abt 1846 ... W.W. King married second, in 1849, in New Orleans, Sarah Anne Miller, daughter of Eliza Delaybaque Kirk and Branch Miller. He and Sarah had seven children: Frederic, Branch, Grace, May Flora, Annie, William and Nina. Their eldest daughter, Grace King (1851-1932) became an outstanding and successful author" [Find a Grave online].
Not located on OCLC as of December 2021.