Willson v. Blackbird Creek Marsh Co.

Tue, 17 Mar 1829 13:00:00 +0000

Case Basics

Petitioner

Willson

Petitioner Type

Petitioner

Respondent

Blackbird Creek Marsh Co.

Respondent Type

Respondent

Heard By

Marshall Court (1828-1829)

Decided By

Marshall Court (1828-1829)

Opinion

27 U.S. 245 (1829)

Argued

Tuesday, March 17, 1829

Decided

Friday, March 20, 1829

Facts of the Case

The state of Delaware authorized the Blackbird Creek Marsh Company to construct a dam spanning the Blackbird Creek. Willson, the licensed owner of a sailing vessel, was travelling on the Creek and broke through the dam. The Company successfully sued Willson for trespassing and obtained a court order for Willson to pay damages. Willson then brought the case to the Supreme Court.

Question

Did Delaware's authorization of the building of the dam unconstitutionally infringe upon Congress's powers under the Commerce Clause?

Conclusion

In a unanimous opinion, the Court held that the Act's interference with the navigation of the Blackbird Creek was "an affair between the government of Delaware and its citizens," and was not in conflict with the Commerce Clause. The Court found that Congress had taken no actions with which the Delaware authorization could conflict: "We do not think that the Act. . .can. . .be considered as repugnant to the power to regulate commerce in its dormant state, or as being in conflict with any law passed on the subject."

Cases - 1829 term

Willson v. Blackbird Creek Marsh Co.