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Whitney v. Robertson | 124 U.S. 190 (1888)

The Constitution specifically provides that treaties and congressional legislation both constitute the supreme law of the land. But what happens if an act of Congress conflicts with a treaty? The United States Supreme Court considered that question in Whitney versus Robertson.

In the middle of the nineteenth century, the United States and San Domingo, later known as the Dominican Republic, entered into a treaty regarding trade. One provision held that the United States wouldn’t charge a higher import duty on any item imported from San Domingo than charged on that same item from any other nation.

Years later, in eighteen seventy, Congress passed an act imposing an import duty on all foreign sugar and molasses, regardless of source.

In eighteen seventy-five, the United States and the Kingdom of Hawaii signed a treaty providing that sugar and molasses from Hawaii could enter the United States duty free.

In eighteen eighty-two, James Whitney and other merchants imported sugar from San Domingo into the United States. William Robertson, the Collector of the Port of New York, demanded payment of the statutorily imposed duty. Whitney argued that San Domingo sugar should be duty-free under the San Domingo treaty because Hawaiian sugar came into the United States duty-free. Robertson denied Whitney’s claim and the secretary of the treasury agreed. Whitney paid the duty of more than twenty-one thousand dollars under protest, then sued Robertson in federal court seeking a refund. The circuit court held for Robertson and the United States Supreme Court granted Whitney a writ of error.

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