List of United States Supreme Court cases, volume 30

This is a list of cases reported in volume 30 (5 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1831.[1]

Supreme Court of the United States
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 234 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)

Nominative reports edit

In 1874, the U.S. government created the United States Reports, and retroactively numbered older privately-published case reports as part of the new series. As a result, cases appearing in volumes 1–90 of U.S. Reports have dual citation forms; one for the volume number of U.S. Reports, and one for the volume number of the reports named for the relevant reporter of decisions (these are called "nominative reports").

Richard Peters, Jr. edit

Starting with the 26th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Richard Peters, Jr. Peters was Reporter of Decisions from 1828 to 1843, covering volumes 26 through 41 of United States Reports which correspond to volumes 1 through 16 of his Peters's Reports. As such, the dual form of citation to, for example, Hunter v. United States is 30 U.S. (5 Pet.) 173 (1831).

Justices of the Supreme Court at the time of 30 U.S. (5 Pet.) edit

The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices).[2] Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice).

When the cases in 30 U.S. (5 Pet.) were decided, the Court comprised these seven justices:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
Tenure on Supreme Court
  John Marshall Chief Justice Virginia Oliver Ellsworth January 27, 1801
February 4, 1801

July 6, 1835
  William Johnson Associate Justice South Carolina Alfred Moore March 24, 1804
May 7, 1804

August 4, 1834
  Gabriel Duvall Associate Justice Maryland Samuel Chase November 18, 1811
November 23, 1811

January 12, 1835
  Joseph Story Associate Justice Massachusetts William Cushing November 18, 1811
February 3, 1812

September 10, 1845
  Smith Thompson Associate Justice New York Henry Brockholst Livingston December 9, 1823
September 1, 1823

December 18, 1843
  John McLean Associate Justice Ohio Robert Trimble March 7, 1829
January 11, 1830

April 4, 1861
  Henry Baldwin Associate Justice Pennsylvania Bushrod Washington January 6, 1830
January 18, 1830

April 21, 1844

Notable Case in 30 U.S. (5 Pet.) edit

Cherokee Nation v. Georgia edit

Map of northeastern Georgia, showing Cherokee lands in 1830

In Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1 (1831), the Cherokee Nation sought a federal injunction against laws passed by the U.S. state of Georgia depriving the tribe of rights within its geographical boundaries, but the Supreme Court did not hear the case on its merits. It ruled that it had no original jurisdiction in the matter, since the Cherokees were a dependent nation, with a relationship to the United States like that of a "ward to its guardian". One year later, however, in Worcester v. Georgia, 31 U.S. 515 (1832), the Supreme Court ruled that the Cherokee Nation was sovereign. According to the decision, this meant that Georgia had no right to enforce state laws in the Cherokee territory. President Andrew Jackson refused to enforce the ruling, however, instead directing the expulsion of the Cherokee Nation from Georgia. U.S. Army forces were used in some cases to round them up. Their expulsion and subsequent route is called "The Trail of Tears". Of the 15,000 who left Georgia, 4,000 died on the journey to Indian Territory in the present-day U.S. state of Oklahoma.

Citation style edit

Under the Judiciary Act of 1789 the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate (from the US District Courts) jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited original jurisdiction (i.e., in which cases could be filed directly with the Supreme Court without first having been heard by a lower federal or state court). There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region.

Bluebook citation style is used for case names, citations, and jurisdictions.

\* "Ct. Cl." = United States Court of Claims

List of cases in 30 U.S. (5 Pet.) edit

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition
Cherokee Nation v. Georgia 1 (1831) Marshall Johnson, Baldwin Thompson original dismissed
Scott's Lessee v. Ratliffe 81 (1831) Marshall none none C.C.D. Ky. reversed
Livingston v. Smith 90 (1831) Johnson none none C.C.D.N.J. affirmed
Union Bank v. Geary 99 (1831) Thompson none none C.C.D.C. affirmed
United States v. Tingey 115 (1831) Story none none C.C.D.C. affirmed
United States v. Tingey's Administrators 131 (1831) per curiam none none C.C.D.C. amendment denied
Greenleaf's Lessee v. Birth 132 (1831) Story none none C.C.D.C. reversed
Simonton v. Winter 141 (1831) Thompson none none C.C.D.C. reversed
Henderson v. Griffin 151 (1831) Baldwin none none C.C.D.S.C. affirmed
Backhouse v. Patton 160 (1831) McLean none none C.C.E.D. Va. certification
Hunter v. United States 173 (1831) McLean none none C.C.D.R.I. affirmed
Ex parte Crane 190 (1831) Marshall none Baldwin C.C.S.D.N.Y. mandamus denied
Yeaton v. Lynn ex rel. Lyles 224 (1831) Marshall none none C.C.D.C. affirmed
Doe ex rel. Patterson v. Winn 233 (1831) Story none Johnson C.C.D. Ga. reversed
Fisher's Lessor v. Cockerell 248 (1831) Marshall none none C.C.D. Ky. dismissed
Cathcart v. Robinson 264 (1831) Marshall Baldwin Baldwin C.C.D.C. reversed
New Jersey v. New York 284 (1831) Marshall none none original continued
Smith v. United States 292 (1831) McLean none none D. Mo. reversed
Page v. Lloyd 304 (1831) McLean none Johnson C.C.E.D. Va. certification
Clarke's Lessee v. Courtney 319 (1831) Story none Baldwin C.C.D. Ky. reversed
Tayloe v. Thomson's Lessee 358 (1831) Baldwin none none C.C.D.C. affirmed
Farrar v. United States 373 (1831) Johnson none none D. Mo. reversed
Shankland v. City of Washington 390 (1831) Story none none C.C.D.C. affirmed
Hinde v. Vattier's Lessee 398 (1831) Baldwin none none C.C.D. Ohio affirmed
Jackson ex rel. Bradstreet v. Huntington 402 (1831) Johnson none none N.D.N.Y. affirmed
City of New Orleans v. United States 449 (1831) per curiam none none E.D. La. reversed
District of Columbia Levy Court v. Ringgold 451 (1831) Thompson none none C.C.D.C. affirmed
Hawkins v. Barney's Lessee 457 (1831) Johnson none none C.C.D. Ky. reversed
Lewis v. Marshall 470 (1831) McLean none none C.C.D. Ky. multiple
Second Bank of the United States v. Martin 479 (1831) Marshall none none C.C.D. Ala. affirmed
Peltz v. Clarke 481 (1831) Marshall none none C.C.D.C. affirmed
Peyton v. Stith 485 (1831) Baldwin none none C.C.D. Ky. reversed
Fowle v. Lawrason's Executor 495 (1831) Marshall none none C.C.D.C. reversed
Menard v. Aspasia 505 (1831) McLean none none Mo. dismissed
Smith v. Union Bank 518 (1831) Johnson none none C.C.D.C. affirmed
Winship v. Second Bank of the United States 529 (1831) Marshall none none C.C.D. Mass. affirmed
Tiernan v. Jackson 580 (1831) Story none none C.C.D. Md. reversed
Patapsco Insurance Company v. Southgate 604 (1831) Thompson none none C.C.D. Md. affirmed
Edmondston v. Drake 624 (1831) Marshall none none C.C.D.S.C. reversed
United States v. Robertson 641 (1831) Marshall none Baldwin C.C.D. Md. certification
Sheppard v. Taylor 675 (1831) Story none none C.C.D. Md. certification
Potter v. Gardner 718 (1831) McLean Baldwin Baldwin C.C.D.R.I. reversed

Notes and references edit

  1. ^ Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
  2. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.

See also edit

External links edit