List of United States Supreme Court cases, volume 46

This is a list of cases reported in volume 46 (5 How.) of United States Reports, decided by the Supreme Court of the United States in 1846 and 1847.[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; 235 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


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").

Benjamin Chew Howard


Starting with the 42nd volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Benjamin Chew Howard. Howard was Reporter of Decisions from 1843 to 1860, covering volumes 42 through 65 of United States Reports which correspond to volumes 1 through 24 of his Howard's Reports. As such, the dual form of citation to, for example, Mayberry v. Thompson is 46 U.S. (5 How.) 121 (1847).

Justices of the Supreme Court at the time of 46 U.S. (5 How.)


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 46 U.S. (5 How.) were decided the Court comprised these nine members:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
Tenure on Supreme Court
  Roger B. Taney Chief Justice Maryland John Marshall March 15, 1836
March 28, 1836

October 12, 1864
  John McLean Associate Justice Ohio Robert Trimble March 7, 1829
January 11, 1830

April 4, 1861
  James Moore Wayne Associate Justice Georgia William Johnson January 9, 1835
January 14, 1835

July 5, 1867
  John Catron Associate Justice Tennessee newly-created seat March 8, 1837
May 1, 1837

May 30, 1865
  John McKinley Associate Justice Alabama newly-created seat September 25, 1837
January 9, 1838

July 19, 1852
  Peter Vivian Daniel Associate Justice Virginia Philip P. Barbour March 2, 1841
January 10, 1842

May 31, 1860
  Samuel Nelson Associate Justice New York Smith Thompson February 14, 1845
February 27, 1845

November 28, 1872
  Levi Woodbury Associate Justice New Hampshire Joseph Story January 31, 1846
September 23, 1845

September 4, 1851
  Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin August 4, 1846
August 10, 1846

January 31, 1870

Notable Case in 46 U.S. (5 How.)


Jones v. Van Zandt


In Jones v. Van Zandt, 46 U.S. (5 How.) 215 (1847), the Supreme Court held that no written or other formal notice of fugitive slave status was required to support a criminal charge of harbouring or concealing a runaway slave who had escaped to a free state.

Citation style


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.

List of cases in 46 U.S. (5 How.)

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition of case
Wood v. Underhill 1 (1846) Taney none none C.C.S.D.N.Y. reversed
Sewall v. Chamberlain 6 (1847) Wayne none none C.C.S.D. Ala. dismissed
Dick and Company v. Runnels 7 (1846) McLean none none C.C.S.D. Miss. certification
United States v. Lawton 10 (1847) Catron none none Fla. Super. Ct. reversed
United States v. Boyd 29 (1846) Nelson none none C.C.S.D. Miss. reversed
Pepper v. Dunlap 51 (1846) Taney none none La. dismissed
McAfee v. Doremus 53 (1847) McLean none none N.D. Miss. affirmed
Walker v. Taylor 64 (1846) Grier none none Ky. dismissed
Hildeburn v. Turner 69 (1847) Taney none none C.C.S.D. Miss. certification
Miller v. Herbert 72 (1847) Daniel none none C.C.D.C. reversed
Alexandria Canal Company v. Swann 83 (1847) Taney none none C.C.D.C. affirmed
Bridges v. Armour 91 (1847) Nelson none none N.D. Miss. reversed
Hall v. Smith 96 (1847) Wayne none none C.C.D. Md. certification
Barry v. Mercein 103 (1847) Taney none none C.C.S.D.N.Y. dismissed
Mayberry v. Thompson 121 (1847) Taney none none C.C.S.D. Ala. dismissed
Nelson v. Hill 127 (1847) Daniel none none C.C.S.D. Ala. reversed
Rowan v. Runnels 134 (1847) Taney none Daniel C.C.S.D. Miss. reversed
Truly v. Wanzer 141 (1847) Grier none none C.C.S.D. Miss. affirmed
Ford v. Douglas 143 (1847) Nelson none none C.C.E.D. La. reversed
Gear v. Parish 168 (1847) Nelson none none Sup. Ct. Terr. Wis. reversed
In re Metzger 176 (1847) McLean none none original habeas corpus denied
Creath's Administrator v. Sims 192 (1847) Daniel none none C.C.S.D. Miss. affirmed
United States v. Briggs 208 (1847) Taney none none C.C.D. Mich. certification
Sheppard v. Wilson 210 (1847) Taney none none Sup. Ct. Terr. Iowa dismissal denied
Miners' Bank v. United States ex rel. Grant 213 (1847) Taney none none Sup. Ct. Terr. Iowa dismissed
Jones v. Van Zandt 215 (1847) Woodbury none none C.C.D. Ohio certification
Taylor v. Benham 233 (1847) Woodbury none none N.D. Ala. affirmed
Phillips v. Preston 278 (1846) Woodbury none none C.C.E.D. La. continued
Cook v. Moffat 295 (1847) Grier Taney, McLean, Daniel, Woodbury none C.C.D. Md. affirmed
Innerarity v. Byrne 295 (1847) McLean none none not indicated continued
Commercial Bank v. Buckingham's Executors 317 (1847) Grier none none Ohio dismissed
Scott v. Jones 343 (1847) Woodbury Wayne McLean Mich. dismissed
United States v. Second Bank of the United States 382 (1847) Catron none McLean C.C.E.D. Pa. reversed
Fox v. Ohio 410 (1847) Daniel none McLean Ohio affirmed
Waring v. Clarke 441 (1847) Wayne none Catron, Woodbury, Grier C.C.E.D. La. reversed
License Cases 504 (1847) Taney Catron, Daniel, Grier, McLean, Woodbury none multiple affirmed

Notes and references

  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