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. ”
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. ”
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. ”
