New Jersey v. Wilson

Sun, 28 Apr 2013 07:00:01 +0000

Case Basics

Petitioner

New Jersey

Petitioner Type

Petitioner

Respondent

Wilson

Respondent Type

Respondent

Decided By

Marshall Court (1812-1823)

Opinion

11 U.S. 164 (1812)

Decided

Tuesday, March 3, 1812

Facts of the Case

In 1758, the New Jersey colonial legislature made an agreement with the Delaware Indians, granting to them a portion of land which would remain an Indian possession forever. Part of the contract provided that the land could never be sold or taxed. In 1801, the Indians gained permission to sell the land. In 1804 the state legislature repealed the land's tax exemption.

Question

Did the repeal of the tax exemption impair the obligation of a contract between the state and the new owner of the land?

Conclusion

Yes. The unanimous Court held that the tax-exempt privilege, though originally enacted for the benefit of the Indians, was "annexed, by the terms which create it, to the land itself." The purchaser was entitled to "all the rights of the Indians" by virtue of claiming "the benefit of their contract."

Cases - 1812 term

New Jersey v. Wilson