Summary

Portrait of Smith Thompson Smith Thompson Peyroux v. Howard — Opinion of the Court

It is by no means conceded, that New Orleans is within the ebb and flow of the tide; on the contrary, that the court will notice the notorious and historical fact, that it is beyond the ebb and flow of the tide; that the Mississippi river is not an arm of the sea, nor an inlet from the ocean but an inland river, whose current assumes but one course or flux to the ocean, and is uninfluenced by its tides.
Source: Wikisource

Portrait of Smith Thompson Smith Thompson Peyroux v. Howard — Opinion of the Court

It is argued, that a state law cannot give jurisdiction to a court of the United States. In one sense, this is true: a state law cannot extend such jurisdiction, but they may create a right which can only be enforced by such a court. For instance, by the general admiralty law, a master of a ship cannot sue in the admiralty for his wages, by a libel on the ship, because, by the maritime law, he has no lien on the vessel.
Source: Wikisource

Portrait of Smith Thompson Smith Thompson Peyroux v. Howard — Opinion of the Court

It cannot certainly be laid down as a universal, or even as a general, proposition, that the court can judicially notice matters of fact. Yet it cannot be doubted, that there are many facts, particularly with respect to geographical positions, of such public notoriety, and the knowledge of which is to be derived from other sources than parol proof, which the court may judicially notice.
Source: Wikisource

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