List of United States Supreme Court cases, volume 53

This is a list of cases reported in volume 53 (12 How.) of United States Reports, decided by the Supreme Court of the United States in 1851 and 1852.[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 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").

Benjamin Chew Howard edit

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, Bein v. Heath is 53 U.S. (12 How.) 168 (1852).

Justices of the Supreme Court at the time of 53 U.S. (12 How.) 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 53 U.S. (12 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
  Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin August 4, 1846
August 10, 1846

January 31, 1870
  Benjamin Robbins Curtis Associate Justice Massachusetts

Levi Woodbury

December 20, 1851
October 10, 1851

September 30, 1857

Notable case in 53 U.S. (12 How.) edit

Philadelphia in 1796

Cooley v. Board of Wardens of the Port of Philadelphia ex rel. Society for the Relief of Distressed Pilots, their Widows & Children edit

In Cooley v. Board of Wardens, 53 U.S. (12 How.) 299 (1852), the Supreme Court held that a Pennsylvania law requiring all ships entering or leaving the Port of Philadelphia to hire a local river pilot did not violate the Commerce Clause of the Constitution. The Court decided that the constitutional grant to Congress of power to regulate interstate commerce did not deprive the states of power to regulate maritime pilots; although Congress had legislated on the subject, its legislation showed an intention not to preempt the entire topic. The ruling, however, "empowered the slave states to interfere with interstate commerce to protect slavery."[3]

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.

List of cases in 53 U.S. (12 How.) edit

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition of case
Miners' Bank v. Iowa 1 (1851) Daniel none none Iowa dismissed
Binns v. Lawrence 9 (1852) Daniel none none C.C.S.D.N.Y. certification
Smith v. Clark 21 (1852) Taney none none C.C.D. Mass. dismissal denied
Thredgill v. Pintard 24 (1851) McLean none none C.C.D. Ark. affirmed
Parks v. Turner 39 (1851) Taney none none C.C.E.D. La. affirmed
Montault v. United States 47 (1851) Taney none none S.D. Ala. affirmed
Farmers' Bank v. Groves 51 (1851) Nelson none none C.C.D. Louisiana affirmed
Lessieur v. Price 59 (1851) Catron none none Mo. affirmed
Harris v. Runnels 79 (1851) Wayne none none C.C.S.D. Miss. reversed
United States v. Bromley 88 (1851) McLean none none C.C.N.D.N.Y. reversed
Neilson v. Lagow 98 (1851) Curtis none none Ind. reversed
Williams v. Oliver I 111 (1851) Nelson none none Md. dismissed
Williams v. Oliver II 125 (1851) Nelson none none Md. dismissed
Dorsey v. Packwood 126 (1852) Grier none none C.C.E.D. La. affirmed
Russell v. Southard 139 (1851) Curtis none none C.C.D. Ky. reversed
Ives v. Merchants' Bank 159 (1852) Catron none none C.C.D.R.I. affirmed
Grand Gulf et al. Co. v. Marshall 165 (1852) Taney none none La. dismissed
Bein v. Heath 168 (1852) Taney none none C.C.E.D. La. reversed
Wilbur v. Almy 180 (1852) Curtis none none C.C.D.R.I. reversed
Erwin v. Parham 197 (1852) Catron none Nelson C.C.D. La. reversed
United States v. Moore 209 (1852) Catron none none E.D. La. reversed
Lyman v. Bank of the U.S. 225 (1852) Nelson none none C.C.D. Vt. affirmed
United States v. Wilkinson 246 (1852) Taney none none C.C.E.D. La. reversed
Bond v. Brown 254 (1852) Taney none none C.C.E.D. La. affirmed
Dundas v. Hitchcock 256 (1852) Grier none none C.C.S.D. Ala. reversed
Clark v. Barnwell 272 (1852) Nelson none none C.C.D.S.C. reversed
Teal v. Felton 284 (1852) Wayne none none N.Y. affirmed
Achison v. Huddleson 293 (1852) Curtis none none Md. reversed
Cooley v. Board of Wardens of the Port of Philadelphia ex rel. Society for the Relief of Distressed Pilots, their Widows & Children 299 (1852) Curtis Daniel McLean Pa. affirmed
Union Bank v. Stafford 327 (1852) Grier none none D. Tex. reversed
Smyth v. Strader Pevine & Co. 327 (1852) per curiam none none C.C.S.D. Ala. dismissed
New Orleans et al. Co. v. Stafford 343 (1852) Grier none none D. Tex. reversed
Rich v. Lambert 347 (1852) Nelson none Daniel C.C.D.S.C. reversed
United States v. Reid 361 (1852) Taney none none C.C.E.D. Va. certification
Bennett v. Butterworth 367 (1852) McLean none none D. Tex. affirmed
Sargeant v. State Bank 371 (1852) Daniel none none C.C.D. Ind. affirmed
Saltmarsh v. Tuthill 387 (1852) Taney none none M.D. Ala. motion reserved
Dinsman v. Wilkes 390 (1852) Taney none none C.C.D.C. reversed
Snead v. McCoull 407 (1852) Daniel none none C.C.E.D. Va. affirmed
Linton v. Stanton 423 (1852) Taney none none La. dismissed
United States v. Porche 426 (1852) Taney none none E.D. La. certification
United States v. Simon 433 (1852) Grier none none D. La. reversed
United States v. Leblanc 435 (1852) Taney none none E.D. La. reversed
United States v. Castant 437 (1852) Daniel none none E.D. La. reversed
The Propeller Genesee Chief 443 (1852) Taney none Daniel C.C.N.D.N.Y. affirmed
Fretz v. Bull 466 (1852) Wayne none Daniel C.C.E.D. La. affirmed
Gaines v. Relf 472 (1852) Catron none Wayne C.C.E.D. La. affirmed

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.
  3. ^ Finkelman, Paul (2018). Supreme Injustice, Slavery in the Nation's Highest Court. Harvard University Press. p. 190. ISBN 978-0-67405--121-8.

See also edit

External links edit