List of United States Supreme Court cases, volume 77

This is a list of cases reported in volume 77 (10 Wall.) of United States Reports, decided by the Supreme Court of the United States from 1869 to 1871.[1]

Supreme Court of the United States
Seal of the United States Supreme Court.svg
EstablishedMarch 4, 1789; 233 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444Coordinates: 38°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 reportsEdit

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").

John William WallaceEdit

Starting with the 66th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was John William Wallace. Wallace was Reporter of Decisions from 1863 to 1874, covering volumes 68 through 90 of United States Reports which correspond to volumes 1 through 23 of his Wallace's Reports. As such, the dual form of citation to, for example, is 77 U.S. (10 Wall.) 544 (1870).

Wallace's Reports were the final nominative reports for the US Supreme Court; starting with volume 91, cases were identified simply as "(volume #) U.S. (page #) (year)".

Justices of the Supreme Court at the time of 77 U.S. (10 Wall.)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).

To prevent President Andrew Johnson from appointing any justices, a hostile Congress passed the Judicial Circuits Act of 1866, eliminating three of the ten seats from the Supreme Court as they became vacant, and so potentially reducing the size of the court to seven justices. The vacancy caused by the death of Justice John Catron in 1865 had not been filled, so after Justice James Moore Wayne died in July 1867 there were eight justices left on the court at the start of the term when the cases in 77 U.S. (10 Wall.) were decided; however Justice Robert Cooper Grier resigned at the end of January 1870, temporarily reducing the Court to seven justices. Newly-confirmed justices William Strong and Joseph P. Bradley joined the Court in March 1870, in the final weeks of the session. This brought the Court back to nine justices, the number set by the Judiciary Act of 1869.

Fluctuations in Supreme Court membership, 1864-1870Edit

Justice Departure from the Court Arrival on the Court Number of active justices after his arrival or departure
Chase - 15 December 1864 10 (the then-current statutory number)
Catron 30 May 1865 - 9 (one less than the then-current statutory number of 10)
Wayne 5 July 1867 - 8 (one more than the then-current statutory number of 7)
Grier 31 January 1870 - 7 (two less than the then-current statutory number of 9)
Strong - 14 March 1870 8 (one less than the then-current statutory number of 9)
Bradley - 23 March 1870 9 (the then-current statutory number)

Justices during at least part of the Court session reported in 77 U.S. (10 Wall.)Edit

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
Tenure on Supreme Court
  Salmon P. Chase Chief Justice Ohio Roger B. Taney December 6, 1864
December 15, 1864

May 7, 1873
  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
  Nathan Clifford Associate Justice Maine Benjamin Robbins Curtis January 12, 1858
January 21, 1858

July 25, 1881
  Noah Haynes Swayne Associate Justice Ohio John McLean January 24, 1862
January 27, 1862

January 24, 1881
  Samuel Freeman Miller Associate Justice Iowa Peter Vivian Daniel July 16, 1862
July 21, 1862

October 13, 1890
  David Davis Associate Justice Illinois John Archibald Campbell December 8, 1862
December 10, 1862

March 4, 1877
  Stephen Johnson Field Associate Justice California newly-created seat March 10, 1863
May 10, 1863

December 1, 1897
  William Strong Associate Justice Pennsylvania Robert Cooper Grier February 18, 1870
(No vote recorded)
March 14, 1870

December 14, 1880
  Joseph P. Bradley Associate Justice New Jersey newly-created seat March 21, 1870
March 23, 1870

January 22, 1892

Notable Cases in 77 U.S. (10 Wall.)Edit

Slaughter-House CasesEdit

The Slaughter-House Cases, 77 U.S. (10 Wall.) 273 (1870) were consolidated cases pertaining to the scope of the Fourteenth Amendment to the United States Constitution. The Supreme Court held that the Privileges or Immunities Clause of the Fourteenth Amendment only protects legal rights associated with federal U.S. citizenship, but not those that pertain to state citizenship. In effect, the clause was interpreted to convey limited protection pertinent only to a small number of rights, such as the right to seek federal office. The Slaughter-House Cases essentially "gutted" the Privileges or Immunities Clause.[3] In 1953, the American scholar Edward Samuel Corwin remarked: "Unique among constitutional provisions, the privileges and immunities clause of the Fourteenth Amendment enjoys the distinction of having been rendered a practical nullity by a single decision of the Supreme Court rendered within five years after its ratification."[4]

Citation styleEdit

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 77 U.S. (10 Wall.)Edit

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
The Blackwall 1 (1870) Clifford none none D. Cal. reversed
The Davis 15 (1870) Miller none none C.C.S.D.N.Y. affirmed
McKee v. Rains 22 (1870) Chase none none C.C.D. La. affirmed
Little v. Herndon 26 (1870) Nelson none Miller C.C.N.D. Ill. affirmed
Bates v. Equitable Ins. Co. 33 (1870) Miller none none C.C.D.R.I. affirmed
People's P.R.R. Co. v. Memphis C.R.R. Co. 38 (1869) Clifford none Chase Tenn. affirmed
Reilly v. Golding 56 (1870) Nelson none none C.C.D. La. affirmed
Boylan v. United States 58 (1870) Chase none none C.C.D.N.Y. affirmed
Mahoney v. United States 62 (1870) Field none none Ct. Cl. affirmed
Texas v. Hardenberg 68 (1869) Chase none none original decree for Tex.
Schools v. Risley 91 (1870) Clifford none none Mo. affirmed
Stimpson v. Woodman 117 (1870) Nelson none Clifford C.C.D. Mass. reversed
Texas v. Chiles 127 (1871) Nelson none none original account denied
Wiggins v. Burkham 129 (1870) Swayne none none C.C.D. Ind. affirmed
Clark v. Bousfield 133 (1870) Nelson none none C.C.N.D. Ohio certification
Feild v. Farrington 141 (1870) Strong none none C.C.E.D. Ark. reversed
Bank of R. v. Millard 152 (1870) Davis none none Sup. Ct. D.C. reversed
Dean v. Nelson 158 (1870) Bradley none none C.C.W.D. Tenn. modified
Downham v. City of Alexandria 173 (1870) Field none none Va. Gen. Dist. Ct. dismissed
Memphis & C.R.R. Co. v. Reeves 176 (1870) Miller none none C.C.W.D. Tenn. reversed
The Lulu 192 (1870) Clifford none none C.C.D. Md. reversed
The Kalorama 204 (1870) Clifford none none C.C.D. Md. reversed
Braun v. Sauerwein 218 (1870) Strong none none C.C.D. Md. affirmed
Hornsby v. United States 224 (1870) Field none Davis D. Cal. reversed
The Columbia 246 (1870) Strong none none C.C.S.D.N.Y. affirmed
Deming's Appeal 251 (1870) Swayne none none Ct. Cl. reinstatement denied
New Orleans et al. R.R. v. Morgan 256 (1870) Clifford none none C.C.D. La. dismissal denied
Deery v. Cray 263 (1870) Miller none none C.C.D. Md. affirmed
Slaughter-House Cases 273 (1870) Clifford none Bradley; Field; Swayne La. 14th Am. limits
Washington et al. R.R. Co. v. Bradleys 299 (1870) Swayne none none Sup. Ct. D.C. reversed
Gunnell v. Bird 304 (1870) Bradley none none Sup. Ct. D.C. reversed
Cooper v. Reynolds 308 (1870) Miller none Field C.C.E.D. Tenn. reversed
Smith v. Stevens 321 (1870) Davis none none Kan. affirmed
Jones v. Andrews 327 (1870) Bradley none none C.C.W.D. Tenn. reversed
The Farragut 334 (1870) Bradley none none C.C.S.D. Ill. affirmed
Rutland M. Co. v. Ripley 339 (1870) Strong none none C.C.D. Vt. reversed
Hanrick v. Neely 364 (1870) Davis none none C.C.W.D. Tex. reversed
Philadelphia et al. R.R. Co. v. Trimble 367 (1870) Swayne none Bradley C.C.D. Md. affirmed
Barnard v. Kellogg 383 (1871) Davis none none C.C.D. Conn. reversed
United States v. Hodson 395 (1870) Swayne none none C.C.D. Wis. reversed
Ducat v. City of Chicago 410 (1871) Nelson none none Ill. affirmed
Masterson v. Herndon 416 (1870) Miller none none C.C.W.D. Tex. dismissed
The Mabey 419 (1870) Nelson none none C.C.D.N.Y. examination denied
Campbell v. Wilcox 421 (1871) Field none none C.C.S.D. Ohio affirmed
United States v. Vigil 423 (1870) Nelson none none Sup. Ct. Terr. N.M. dismissal denied
Tappan v. Beardsley 427 (1871) Miller none none C.C.S.D.N.Y. reversed
Kimball v. Collector 436 (1870) Clifford none none C.C.D. Mass. affirmed
The Clinton Bridge 454 (1870) Nelson none none C.C.D. Iowa affirmed
Corbett v. Nutt 464 (1871) Field none none Va. affirmed
Hannauer v. Woodruff 482 (1871) Nelson none none C.C.E.D. Ark. certification
In re Paschal 483 (1871) Bradley none none not indicated multiple
Yates v. City of Milwaukee 497 (1871) Miller none none C.C.D. Wis. reversed
Messenger v. Mason 507 (1871) Nelson none none Iowa dismissed
Ohio & M.R.R. Co. v. McClure 511 (1871) Swayne none none Iowa dismissed
Coddington v. Richardson 516 (1871) Nelson none none C.C.S.D. Ill. affirmed
Brobst v. Brock 519 (1871) Strong none none C.C.E.D. Pa. affirmed
Bethell v. Demaret 537 (1871) Nelson none none La. dismissed
Ex parte Graham 541 (1871) Swayne none none D. La. prohibition denied
City of Baltimore v. Baltimore & O.R.R. Co. 543 (1871) Davis none none C.C.D. Md. affirmed
Pennsylvania v. Quicksilver M. Co. 553 (1871) Nelson none none original dismissed
The Daniel Ball 557 (1871) Field none none C.C.W.D. Mich. affirmed
Liverpool et al. Co. v. Massachusetts 566 (1871) Miller Bradley none Mass. affirmed
The Cotton Plant 577 (1871) Strong none none E.D. Pa. reversed
Miller v. McKenzie 582 (1871) Nelson none none N.D. Miss. dismissed
Stovall v. Banks 583 (1871) Strong none none N.D. Ga. reversed
Stagg v. Connecticut M.L. Ins. Co. 589 (1871) Miller none none C.C.D. Mo. affirmed
Ward v. United States 593 (1871) Davis none Field Ct. Cl. affirmed
Merchants' Nat'l Bank v. State Nat'l Bank 604 (1871) Swayne none Clifford C.C.D. Mass. reversed
Marsh v. Fulton County 676 (1871) Field none none C.C.S.D. Ill. affirmed

Notes and referencesEdit

  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. ^ Tribe, Laurence H. (1995). "Taking Text and Structure Seriously: Reflections on Free-Form Method in Constitutional Interpretation". Harvard Law Review. 108 (6): 1221–1303. doi:10.2307/1341856. ISSN 0017-811X. JSTOR 1341856.
  4. ^ Edward S. Corwin, ed., (1953) The Constitution of the United States of America, Legislative Reference Service, Library of Congress, p. 965, cited in Chemerinsky (2019), § 6.3.2, pp. 542–43

See alsoEdit

certificate of division

External linksEdit