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Hylton v. United States/Separate Wilson

From Wikisource
Hylton versus the United States
by Alexander J. Dallas
Syllabus

3 U.S. (3 Dall.) 171 (1796)[1], is the first time a question regarding the constitutionality of an act of Congress was questioned before the Supreme Court of the United States. The argument of John Wickham, counsel for the United States, in the trial court is entitled The Substance of an Argument in the Case of the Carriage Duties.


3 U.S. (3 Dallas) 171 (1796)
4700211Hylton versus the United States — SyllabusAlexander J. Dallas

Supreme Court of the United States

3 U.S. 171

Hylton  v.  United States

 Argued: February 23, 1796 --- Decided: March 8, 1796

Wilson, Justice. As there were only four Judges, including myself, who attended the argument of this cause, I should have thought it proper to join in the decision, though I had before expressed a judicial opinion on the subject, in the Circuit Court of Virginia, did not the unanimity of the other three Judges, relieve me from the necessity. I shall now, however, only add, that my sentiments, in favor of the constitutionality of the tax in question, have not been changed.


  1. 3 U.S. 171 (Full text of the decision at Findlaw.com)