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 67 (2 Black) of United States Reports , decided by the Supreme Court of the United States in 1862 and 1863. [1]
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").
Starting with the 66th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Jeremiah S. Black. Black was Reporter of Decisions from 1861 to 1862, covering volumes 66 and 67 of United States Reports which correspond to volumes 1 and 2 of his Black's Reports. As such, the dual form of citation to, for example, Gilman v. City of Sheboygan is 67 U.S. (2 Black) 510 (1863).
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 67 U.S. (2 Black) were decided the Court comprised these nine members:
Portrait | Justice | Office | Home State | Succeeded | Date confirmed by the Senate (Vote) | Tenure on Supreme Court |
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Roger B. Taney | Chief Justice | Maryland | John Marshall | March 15, 1836 (29–15) | March 28, 1836 – October 12, 1864 (Died) | |
James Moore Wayne | Associate Justice | Georgia | William Johnson | January 9, 1835 (Acclamation) | January 14, 1835 – July 5, 1867 (Died) | |
John Catron | Associate Justice | Tennessee | newly created seat | March 8, 1837 (28–15) | May 1, 1837 – May 30, 1865 (Died) | |
Samuel Nelson | Associate Justice | New York | Smith Thompson | February 14, 1845 (Acclamation) | February 27, 1845 – November 28, 1872 (Retired) | |
Robert Cooper Grier | Associate Justice | Pennsylvania | Henry Baldwin | August 4, 1846 (Acclamation) | August 10, 1846 – January 31, 1870 (Retired) | |
Nathan Clifford | Associate Justice | Maine | Benjamin Robbins Curtis | January 12, 1858 (26–23) | January 21, 1858 – July 25, 1881 (Died) | |
Noah Haynes Swayne | Associate Justice | Ohio | John McLean | January 24, 1862 (38–1) | January 27, 1862 – January 24, 1881 (Retired) | |
Samuel Freeman Miller | Associate Justice | Iowa | Peter Vivian Daniel | July 16, 1862 (Acclamation) | July 21, 1862 – October 13, 1890 (Died) | |
David Davis | Associate Justice | Illinois | John Archibald Campbell | December 8, 1862 (Acclamation) | December 10, 1862 – March 4, 1877 (Resigned) | |
In the Prize Cases , 67 U.S. (2 Black) 635 (1863) the Supreme Court held, 5-4, that the blockade of the Southern ports ordered by President Abraham Lincoln during the American Civil War was constitutional. The blockade of the South resulted in the capture of dozens of American and foreign ships, both those attempting to run the highly efficient blockade and smuggle goods and munitions to the South, as well as those attempting to smuggle exports from the South.
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.