List of United States Supreme Court cases, volume 60

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Supreme Court of the United States
Seal of the United States Supreme Court.svg
List of United States Supreme Court cases, volume 60
38°53′26″N77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789;235 years ago (1789-03-04)
Location Washington, D.C.
Coordinates 38°53′26″N77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized by Constitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Website supremecourt.gov

This is a list of cases reported in volume 60 (19 How.) of United States Reports , decided by the Supreme Court of the United States in 1856 and 1857. [1]

Contents

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, Lathrop v. Judson is 60 U.S. (19 How.) 66 (1857).

Justices of the Supreme Court at the time of 60 U.S. (19 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 60 U.S. (19 How.) were decided the Court comprised these nine members:

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
Roger B. Taney - Brady-Handy.jpg Roger B. Taney Chief Justice Maryland John Marshall March 15, 1836
(29–15)
March 28, 1836

October 12, 1864
(Died)
Justice John McLean daguerreotype by Mathew Brady 1849.jpg John McLean Associate Justice Ohio Robert Trimble March 7, 1829
(Acclamation)
January 11, 1830

April 4, 1861
(Died)
JMWayne2.jpg James Moore Wayne Associate Justice Georgia William Johnson January 9, 1835
(Acclamation)
January 14, 1835

July 5, 1867
(Died)
John Catron - Brady-Handy.jpg John Catron Associate Justice Tennessee newly created seatMarch 8, 1837
(28–15)
May 1, 1837

May 30, 1865
(Died)
Peter Vivian Daniel, US Supreme Court Justice, c1860.jpg Peter Vivian Daniel Associate Justice Virginia Philip P. Barbour March 2, 1841
(25–5)
January 10, 1842

May 31, 1860
(Died)
Samuel Nelson - Brady-Handy.jpg Samuel Nelson Associate Justice New York Smith Thompson February 14, 1845
(Acclamation)
February 27, 1845

November 28, 1872
(Retired)
Robert Cooper Grier - Brady-Handy.jpg Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin August 4, 1846
(Acclamation)
August 10, 1846

January 31, 1870
(Retired)
Benjamin Robbins Curtis - photo.png Benjamin Robbins Curtis Associate Justice Massachusetts

Levi Woodbury

December 20, 1851
(Acclamation)
October 10, 1851

September 30, 1857
(Resigned)
John Archibald Campbell - Brady-Handy.jpg John Archibald Campbell Associate Justice Alabama John McKinley March 22, 1853
(Acclamation)
April 11, 1853

April 30, 1861
(Resigned)

Notable Case in 60 U.S. (19 How.)

Dred Scott and Harriet Scott wood engravings after photographs by Fitzgibbon.jpg
Eliza and Lizzie, children of Dred Scott.jpg
Dred and Harriet Scott (top) and their children, Eliza and Lizzie

Scott v. Sanford

Scott v. Sandford , 60 U.S. (19 How.) 393 (1857), is the most notorious and condemned decision in the history of the U.S. Supreme Court. In it, the Court held that the US Constitution was not meant to include American citizenship for black people, regardless of whether they were enslaved or free, and so the rights and privileges that the Constitution confers upon American citizens could not apply to them. Although Chief Justice Roger Taney and several of the other justices hoped that the decision would permanently settle the slavery controversy, which was increasingly dividing the American public, the decision's effect was the opposite. Taney's majority opinion suited the slaveholding states, but was intensely decried in the other states. The decision inflamed the national debate over slavery and deepened the divide that led ultimately to the Civil War. In 1865, after the Union won the Civil War, the Dred Scott ruling was voided by the Thirteenth Amendment to the US Constitution, which abolished slavery except as punishment for a crime, and the Fourteenth Amendment, which guaranteed citizenship for "all persons born or naturalized in the United States, and subject to the jurisdiction thereof". The Supreme Court's decision has been continuously denounced ever since, both for its overt racism and its role in the near destruction of the United States four years later. [3] [4] Bernard Schwartz said that it "stands first in any list of the worst Supreme Court decisions—Chief Justice Hughes called it the Court's greatest self-inflicted wound." [5] Junius P. Rodriguez wrote that it is "universally condemned as the U.S. Supreme Court's worst decision". [6] Historian David Thomas Konig agrees that it was "unquestionably, our court's worst decision ever." [7]

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 60 U.S. (19 How.)

Case NamePage and yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower courtDisposition
Prevost v. Greneaux 1 (1857) Taneynonenone La. affirmed
Morgan v. Curtenius 8 (1857) Taneynonenone C.C.D. Ill. continued
Ex parte Secombe 9 (1857) Taneynonenone Sup. Ct. Terr. Minn. mandamus denied
Shaffer v. Scudday 16 (1857) Taneynonenone La. dismissed
Thomas v. Osborn 22 (1856) CurtisnoneTaney C.C.D. Md. remand to dismiss
Ure v. Coffman 56 (1857) Waynenonenone C.C.E.D. La. affirmed
Stevens v. Gladding 64 (1857) McLeannonenone C.C.D.R.I. affirmed
Lathrop v. Judson 66 (1857) McLeannonenone C.C.E.D. La. affirmed
Moore v. Greene 69 (1856) McLeannonenone C.C.D.R.I. affirmed
Betts v. Lewis 72 (1857) Curtisnonenone N.D. Ala. remand for amendment
United States v. Le Baron 73 (1856) Curtisnonenone C.C.S.D. Ala. reversed
Willot v. Sandford 79 (1856) Catronnonenone C.C.D. Mo. reversed
Vandewater v. Mills 82 (1857) Griernonenone C.C.D. Cal. affirmed
The Brig Neurea 92 (1856) Griernonenone N.D. Cal. reversed
Seymour v. McCormick 96 (1857) Nelsonnonenone C.C.N.D.N.Y. affirmed
The Steamer St. Charles 108 (1857) Nelsonnonenone C.C.E.D. La. reversed
Coiron v. Millaudon 113 (1857) Nelsonnonenone C.C.E.D. La. affirmed
Long v. O'Fallon 116 (1856) Campbellnonenone C.C.D. Mo. affirmed
Baker v. Nachtrieb 126 (1856) Campbellnonenone C.C.W.D. Pa. reversed
Meegan v. Boyle 130 (1857) McLeannonenone C.C.D. Mo. affirmed
Post v. Jones 150 (1857) Griernonenone C.C.S.D.N.Y. reversed
E.I. DuPont de Nemours Company v. Vance 162 (1857) CurtisnoneCampbell C.C.E.D. La. reversed
The Steamer Virginia 182 (1857) Taneynonenone C.C.D. Md. dismissed
Brown v. Duchesne 183 (1857) Taneynonenone C.C.D. Mass. affirmed
Mordecai v. Lindsay 199 (1857) Waynenonenone C.C.D.S.C. reversed
Cousin v. Labatut 202 (1857) Catronnonenone La. reversed
Hartshorn v. Day 211 (1857) Nelsonnonenone C.C.D.R.I. reversed
Slater v. Emerson 224 (1857) McLeannonenone C.C.D. Mass. reversed
Schuchardt v. Babbidge 239 (1857) Nelsonnonenone C.C.S.D.N.Y. affirmed
New York and Virginia Steamship Company v. Calderwood 241 (1857) Campbellnonenone C.C.S.D.N.Y. affirmed
Williams v. Hill McLane and Company 246 (1857) Campbellnonenone M.D. Ala. affirmed
Bell v. Hearne 252 (1857) Campbellnonenone La. reversed
Richardson v. City of Boston 263 (1857) Griernonenone C.C.D.R.I. reversed
Hipp v. Babin 271 (1857) Campbellnonenone C.C.E.D. La. affirmed
Wolfe v. Lewis 280 (1857) McLeannonenone N.D. Ala. reversed
Beebe v. Russell 283 (1857) Waynenonenone C.C.D. Ark. dismissed
Farrelly v. Woodfolk 288 (1857) Waynenonenone C.C.E.D. Ark. dismissed
Babcock v. Wyman 289 (1857) McLeannoneCatron, Campbell C.C.D. Mass. affirmed
Byers v. Surget 303 (1857) Danielnonenone C.C.E.D. Ark. affirmed
Garrison v. Memphis Insurance Company 312 (1857) Campbellnonenone C.C.D. Mo. affirmed
Commercial Mutual Marine Insurance Company v. Union Mutual Insurance Company of New York 318 (1857) Curtisnonenone C.C.D. Mass. affirmed
Field v. Seabury I 323 (1857) Waynenonenone C.C.D. Cal. reversed
Field v. Seabury II 333 (1857) Waynenonenone C.C.D. Cal. reversed
Bryan v. Forsyth 334 (1857) CatronnoneMcLean C.C.N.D. Ill. reversed
Ballance v. Papin 342 (1857) Catronnonenone C.C.N.D. Ill. reversed
United States v. Peralta 343 (1857) Griernonenone S.D. Cal. affirmed
McCullough v. Roots 349 (1857) Campbellnonenone C.C.D. Md. affirmed
Walton v. Cotton 355 (1857) McLeannoneCurtis Tenn. reversed
Pratt v. Reed 359 (1857) Nelsonnonenone C.C.N.D.N.Y. reversed
The Steam Boat Sultana 362 (1857) Nelsonnonenone C.C.N.D.N.Y. affirmed
United States v. Sutherland 363 (1857) Griernonenone S.D. Cal. affirmed
Fellows v. Blacksmith 366 (1857) Nelsonnonenone N.Y. Sup. Ct. affirmed
Roberts v. Cooper 373 (1857) Waynenonenone C.C.D. Mich. bond increase denied
McRea v. Bank of Alabama 376 (1857) Curtisnonenone C.C.E.D. Ark. affirmed
Michigan Central Railroad Company v. Lake Shore and Michigan Southern Railway Company 378 (1857) Griernonenone Mich. dismissed
Ballard v. Thomas 382 (1857) Nelsonnonenone C.C.D. Md. affirmed
Platt v. Jerome 384 (1856) Nelsonnonenone C.C.S.D.N.Y. appeal denied
United States v. City Bank of Columbus 385 (1857) Danielnonenone C.C.S.D. Ohio certification
Burke v. Gaines 388 (1857) Taneynonenone Ark. dismissed
Bulkley v. Honold 390 (1857) Curtisnonenone C.C.E.D. La. affirmed
Scott v. Sandford 393 (1857) TaneyWayne, Catron, Daniel, Grier, CampbellCurtis, McLean C.C.D. Mo. reversed

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.
    3. Parker, Garrett (2019). "Ranking the 10 Worst Supreme Court Decisions of All-Time". Money Inc. Retrieved June 10, 2021.
    4. Staff (October 14, 2015). "13 Worst Supreme Court Decisions of All Time". FindLaw . Retrieved June 10, 2021.
    5. Bernard Schwartz (1997). A Book of Legal Lists: The Best and Worst in American Law . Oxford University Press. p.  70.
    6. Junius P. Rodriguez (2007). Slavery in the United States: A Social, Political, and Historical Encyclopedia. ABC-CLIO. p. 1. ISBN   9781851095445.
    7. David Konig; et al. (2010). The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law. Ohio University Press. p. 213. ISBN   9780821419120.

    See also

    certificate of division