Supreme Court of the United States | |
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38°53′26″N77°00′16″W / 38.89056°N 77.00444°W | |
Established | March 4, 1789 |
Location | Washington, D.C. |
Coordinates | 38°53′26″N77°00′16″W / 38.89056°N 77.00444°W |
Composition method | Presidential nomination with Senate confirmation |
Authorized by | Constitution of the United States, Art. III, § 1 |
Judge term length | life tenure, subject to impeachment and removal |
Number of positions | 9 (by statute) |
Website | supremecourt |
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This is a list of cases reported in volume 135 of United States Reports , decided by the Supreme Court of the United States in 1890.
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). [1] 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 volume 135 U.S. were decided the Court comprised the following nine members:
Portrait | Justice | Office | Home State | Succeeded | Date confirmed by the Senate (Vote) | Tenure on Supreme Court |
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Melville Fuller | Chief Justice | Illinois | Morrison Waite | July 20, 1888 (41–20) | October 8, 1888 – July 4, 1910 (Died) | |
Samuel Freeman Miller | Associate Justice | Iowa | Peter Vivian Daniel | July 16, 1862 (Acclamation) | July 21, 1862 – October 13, 1890 (Died) | |
Stephen Johnson Field | Associate Justice | California | newly created seat | March 10, 1863 (Acclamation) | May 10, 1863 – December 1, 1897 (Retired) | |
Joseph P. Bradley | Associate Justice | New Jersey | newly created seat | March 21, 1870 (46–9) | March 23, 1870 – January 22, 1892 (Died) | |
John Marshall Harlan | Associate Justice | Kentucky | David Davis | November 29, 1877 (Acclamation) | December 10, 1877 – October 14, 1911 (Died) | |
Horace Gray | Associate Justice | Massachusetts | Nathan Clifford | December 20, 1881 (51–5) | January 9, 1882 – September 15, 1902 (Died) | |
Samuel Blatchford | Associate Justice | New York | Ward Hunt | March 22, 1882 (Acclamation) | April 3, 1882 – July 7, 1893 (Died) | |
Lucius Quintus Cincinnatus Lamar | Associate Justice | Mississippi | William Burnham Woods | January 16, 1888 (32–28) | January 18, 1888 – January 23, 1893 (Died) | |
David Josiah Brewer | Associate Justice | Kansas | Stanley Matthews | December 18, 1889 (53–11) | January 6, 1890 – March 28, 1910 (Died) | |
In re Neagle , 135 U.S. 1 (1890), concerned the legal immunity of federal officers from state prosecution when acting within the scope of their federal authority. A U.S. Marshal, Neagle, was appointed by the United States Attorney General to serve as Justice Stephen J. Field's bodyguard while Field rode circuit in California. In 1889, on a train in California, a man known to have threatened Field with death due to an adverse legal decision struck Field with his fists. Knowing that the man had previously carried a knife and threatened Field with it, Neagle fatally shot the attacker, and was later arrested by a state sheriff. A federal court ordered that Neagle be released. On appeal, the U.S. Supreme Court affirmed, holding that, as the source of all Executive authority, the President could act in the absence of specific statutory authority since there were no laws that provided for protection of federal judges by the Executive branch. Constitutionally, the decision determined that the Executive branch, like Congress, exercised its own "necessary and proper" authority.
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.