List of United States Supreme Court cases, volume 68

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Supreme Court of the United States
Seal of the United States Supreme Court.svg
EstablishedMarch 4, 1789;234 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 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 68 (1 Wall.) of United States Reports , decided by the Supreme Court of the United States in 1863 and 1864. [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").

John William Wallace

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, Gregg v. Von Phul is 68 U.S. (1 Wall.) 274 (1864).

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 68 U.S. (1 Wall.)

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 68 U.S. (1 Wall.) were decided the Court comprised these ten members (this was due to the Tenth Circuit Act of 1863, expanding the Court's membership from nine to ten justices, to date the largest number of active justices in its history):

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)
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)
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)
NClifford.jpg Nathan Clifford Associate Justice Maine Benjamin Robbins Curtis January 12, 1858
(26–23)
January 21, 1858

July 25, 1881
(Died)
Noah Haynes Swayne, photo, head and shoulders, seated.jpg Noah Haynes Swayne Associate Justice Ohio John McLean January 24, 1862
(38–1)
January 27, 1862

January 24, 1881
(Retired)
Samuel Freeman Miller - Brady-Handy.jpg Samuel Freeman Miller Associate Justice Iowa Peter Vivian Daniel July 16, 1862
(Acclamation)
July 21, 1862

October 13, 1890
(Died)
DDavis.jpg David Davis Associate Justice Illinois John Archibald Campbell December 8, 1862
(Acclamation)
December 10, 1862

March 4, 1877
(Resigned)
Stephen Johnson Field, photo half length seated, 1875.jpg Stephen Johnson Field Associate Justice California newly-created seatMarch 10, 1863
(Acclamation)
May 10, 1863

December 1, 1897
(Retired)

Notable Case in 68 U.S. (1 Wall.)

Vallandigham's arrest, 1863 CLVallandigham-arrest.jpg
Vallandigham's arrest, 1863

Ex parte Vallandigham

Ex parte Vallandigham , 68 U.S. (1 Wall.) 243 (1864) is a case involving a former congressman, Clement Vallandigham of Ohio, who had violated an Army order against the public expression of sympathy for the Confederate States and their cause. Vallandigham was tried before a military tribunal for treason after he delivered an incendiary speech at Mount Vernon; he appealed the military verdict to the Supreme Court, arguing that he as a civilian could not be tried before a military tribunal. On appeal, the Supreme Court issued a unanimous ruling refusing to address Vallandigham's main argument that the military tribunal lacked jurisdiction to try him. Instead, they held that the Court was only authorized to take appeals as regulated by Congress – and Congress had never authorized them to take an appeal from a military tribunal, denying Vallandigham's appeal for lack of jurisdiction. Ex parte Vallandigham was cited by the Supreme Court in several important 20th Century cases, for example, Ex parte Quirin , and Youngstown Sheet & Tube Co. v. Sawyer .

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 68 U.S. (1 Wall.)

Case NamePage & yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower CourtDisposition
Cross v. De Valle 5 (1864) Griernonenone C.C.D.R.I. affirmed
Wright v. Ellison 16 (1864) Swaynenonenone C.C.D.C. affirmed
Pomeroy's Lessee v. State Bank I 23 (1863) Waynenonenone C.C.D. Ind. dismissal denied
Clearwater v. Meredith 25 (1864) Davisnonenone C.C.D. Ind. affirmed
The Commander-in-Chief 43 (1864) Cliffordnonenone C.C.S.D.N.Y. affirmed
Hutchins v. King 53 (1864) Fieldnonenone C.C.D.N.H. affirmed
Dermott v. Wallach 61 (1864) Nelsonnonenone C.C.D.C. reversed
Ryan v. Bindley 66 (1864) Davisnonenone C.C.S.D. Ohio reversed
Ex parte Dubuque & P.R.R. 69 (1864) Catronnonenone D. Iowa mandamus granted
Orchard v. Hughes 73 (1864) Nelsonnonenone Sup. Ct. Terr. Neb. multiple
Eames v. Godfrey 78 (1864) Davisnonenone C.C.D. Mass. reversed
Gaylords v. Kelshaw 81 (1864) Millernonenone C.C.D. Ind. remanded
Mercer Cnty. v. Hacket 83 (1864) Griernonenone C.C.W.D. Pa. affirmed
Bayne v. Morris 97 (1863) Davisnonenone C.C.D. Md. reversed
Burr v. Des Moines et al. Co. 99 (1864) Millernonenone C.C.D. Iowa dismissed
United States v. Sepulveda 104 (1864) Fieldnonenone D. Cal. reversed
Minnesota v. Bachelder 109 (1864) Nelsonnonenone Minn. reversed
Bridge P. v. Hoboken Co. 116 (1864) Millernonenone N.J. affirmed
Jones v. Morehead 155 (1864) Millernonenone C.C.W.D. Pa. reversed
Sweeny v. Easter 166 (1864) Millernonenone C.C.D.C. affirmed
Gelpcke v. City of Dubuque I 175 (1864) SwaynenoneMiller D. Iowa reversed
Gelpcke v. City of Dubuque II 220 (1864) SwaynenoneMiller D. Iowa reversed
Gelpcke v. City of Dubuque III 221 (1864) SwaynenoneMiller D. Iowa reversed
Baldwin v. Hale 223 (1864) Cliffordnonenone C.C.D. Mass. affirmed
Baldwin v. Bank of Newbury 234 (1864) Cliffordnonenone C.C.D. Mass. affirmed
Ex parte Vallandigham 243 (1864) Waynenonenone military commission certiorari denied
Dunham v. Cincinnati et al. Ry. Co. 254 (1864) Cliffordnonenone C.C.D. Ind. reversed
Sturgis v. Clough 269 (1864) Griernonenone C.C.S.D.N.Y. affirmed
Seybert v. City of Pittsburgh 272 (1864) Griernonenone C.C.W.D. Pa. reversed
Gregg v. Von Phul 274 (1864) Davisnonenone C.C.N.D. Ill. affirmed
Malarin v. United States 282 (1864) Fieldnonenone S.D. Cal. reversed
Van Hostrup v. City of Madison 291 (1864) Nelsonnonenone C.C.D. Ind. reversed
Miller v. Tiffany 298 (1864) Swaynenonenone C.C.D. Ind. affirmed
United States v. d'Aguirre 311 (1864) Fieldnonenone S.D. Cal. affirmed
Godfrey v. Eames 317 (1864) Swaynenonenone C.C.D. Mass. reversed
United States v. Johnson 326 (1864) Griernonenone S.D. Cal. affirmed
Jones v. Green 330 (1864) Fieldnonenone Sup. Ct. Terr. Neb. reversed
Baker v. Gee 333 (1864) Davisnonenone C.C.D. Mo. affirmed
Lee v. Watson 337 (1864) Fieldnonenone C.C.D. Ky. dismissed
Bloomer v. Millinger 340 (1864) Cliffordnonenone C.C.W.D. Pa. affirmed
United States v. Auguisola 352 (1864) Fieldnonenone S.D. Cal. affirmed
Schuchardt v. Allens 359 (1864) Swaynenonenone C.C.S.D.N.Y. affirmed
Hardy v. Johnson 371 (1863) Fieldnonenone C.C.N.D. Cal. affirmed
Iasigi & G. v. Collector 375 (1864) Nelsonnonenone C.C.D. Mass. affirmed
Meyer v. City of Muscatine 384 (1864) SwaynenoneMiller D. Iowa reversed
Woods v. Freeman 398 (1864) Davisnonenone C.C.N.D. Ill. affirmed
United States v. Moreno 400 (1864) Swaynenonenone S.D. Cal. affirmed
Bronson v. La Crosse & M.R.R. Co. 405 (1864) NelsonnoneCatron D. Wis. reversed
United States v. Yorba 412 (1864) Fieldnonenone S.D. Cal. affirmed
Niswanger v. Saunders 424 (1864) Catronnonenone Ohio reversed
United States v. Halleck 439 (1864) Fieldnonenone N.D. Cal. affirmed
Orient M. Ins. Co. v. Wright 456 (1864) MillerNelsonSwaynenot indicatedaffirmed
Homer v. Collector 486 (1864) Nelsonnonenone C.C.D. Mass. certification
Turrill v. Michigan S.R.R. Co. 491 (1864) Cliffordnonenone C.C.D. Mich. reversed
Roosevelt v. Meyer 512 (1863) Waynenonenone N.Y. dismissed
Wheeler v. Sage 518 (1864) Davisnonenone D. Wis. affirmed
Burr v. Duryee I 531 (1864) Griernonenone C.C.D.N.J. affirmed
Burr v. Duryee II 578 (1864) per curiam nonenone C.C.D.N.J. affirmed
Burr v. Duryee III 579 (1864) per curiam nonenone C.C.D.N.J. affirmed
Rodrigues v. United States 582 (1864) Millernonenone N.D. Cal. affirmed
Pomeroy's Lessee v. State Bank II 592 (1864) Cliffordnonenone C.C.D. Ind. affirmed
Spain v. Hamilton's Adm'r 604 (1864) Waynenonenone C.C.D.C. affirmed
Gray v. Brignardello 627 (1864) Davisnonenone C.C.N.D. Cal. multiple
Beaver v. Taylor 637 (1864) Swaynenonenone C.C.S.D. Ill. reversed
Rogers v. Marshal 644 (1864) Davisnonenone C.C.D. Wis. affirmed
Blossom v. Milwaukee & C.R.R. Co. 655 (1864) Millernonenone D. Wis. dismissal denied
United States v. Vallejo 658 (1864) Millernonenone S.D. Cal. affirmed
White v. United States 660 (1864) Swaynenonenone N.D. Cal. affirmed
The Resolute 682 (1864) Cliffordnonenonenot indicatedregs interpreted
Parker v. Phetteplace 684 (1864) Nelsonnonenone C.C.D.R.I. affirmed
United States v. Gomez 690 (1864) Cliffordnonenone S.D. Cal. dismissal denied
Houghton v. Jones 702 (1863) Fieldnonenone N.D. Cal. affirmed
United States v. Morillo 706 (1864) Millernonenone S.D. Cal. dismissed
United States v. Estudillo 710 (1864) Fieldnonenone N.D. Cal. dismissed
Romero v. United States 721 (1864) Cliffordnonenone N.D. Cal. affirmed
United States v. Workman 745 (1864) Cliffordnonenone S.D. Cal. reversed
United States v. Jones 766 (1864) Cliffordnonenone S.D. Cal. 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.

    See also

    certificate of division