List of United States Supreme Court cases, volume 71

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Supreme Court of the United States
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List of United States Supreme Court cases, volume 71
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 71 (4 Wall.) of United States Reports , decided by the Supreme Court of the United States in 1866 and 1867. [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, Thompson v. Bowie is 71 U.S. (4 Wall.) 463 (1867).

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 71 U.S. (4 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 71 U.S. (4 Wall.) were decided the following nine justices were members of the Court:

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
Mathew Brady, Portrait of Secretary of the Treasury Salmon P. Chase, officer of the United States government (1860-1865).jpg Salmon P. Chase Chief Justice Ohio Roger B. Taney December 6, 1864
(Acclamation)
December 15, 1864

May 7, 1873
(Died)
JMWayne2.jpg James Moore Wayne Associate Justice Georgia William Johnson January 9, 1835
(Acclamation)
January 14, 1835

July 5, 1867
(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 Cases in 71 U.S. (4 Wall.)

Ex parte Milligan

Ex parte Milligan , 71 U.S. (4 Wall.) 2 (1866), is a Supreme Court decision that ruled unconstitutional the application of military tribunals to citizens when civilian courts are still operating. The Court held that "martial rule can never exist when the courts are open", and confined martial law to areas of "military operations, where war really prevails" and when it was a necessity to provide a substitute for a civil authority that had been overthrown.

Ex parte Garland

Ex parte Garland , 71 U.S. (4 Wall.) 333 (1866), is an important case involving the disbarment of former Confederate officials. The Supreme Court ruled that a statute prohibiting former Confederate government officials from serving in the US government was unconstitutional as being both a bill of attainder and an ex post facto law. The Court also held that lawyers are officers of the court, not officers of the United States, and that their removal must be an exercise of judicial power, not legislative power.

Mississippi v. Johnson

Mississippi v. Johnson , 71 U.S. (4 Wall.) 475 (1867), was the first suit to be brought against a President of the United States in the United States Supreme Court. The state of Mississippi attempted to sue President Andrew Johnson for enforcing Reconstruction. The Court ruled in favor of the president.

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 71 U.S. (4 Wall.)

Case NamePage and yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower CourtDisposition
Stearns v. United States 1 (1867) per curiam nonenonenot indicated certiorari granted
Brobst v. Brobst 2 (1867) Chasenonenonenot indicated remanded
Ex parte Milligan 2 (1866) DavisChasenone C.C.D. Ind. certification
McGee v. Mathis 143 (1866) Chasenonenone Ark. reversed
United States v. Hoffman 158 (1867) Millernonenone N.D. Cal. prohibition denied
Walker v. United States 163 (1866) Chasenonenone C.C.E.D. La. dismissed
Brown v. Wiley 165 (1867) Chasenonenone Sup. Ct. D.C. dismissed
Locke v. City of New Orleans 172 (1867) Fieldnonenone La. affirmed
Sturdy v. Jackaway 174 (1867) Griernonenone C.C.E.D. Ark. certification
Missouri and Mississippi Railroad Company v. Rock 177 (1867) Millernonenone Iowa dismissed
United States v. Dashiel 182 (1866) Nelsonnonenone W.D. Tex. reversed
United States v. Allsbury 186 (1866) Nelsonnonenone W.D. Tex. affirmed
Leftwitch v. Lecanu 187 (1867) Millernonenone C.C.E.D. La. affirmed
City of New York v. Sheffield 189 (1867) Millernonenone C.C.S.D.N.Y. affirmed
Christy v. Pridgeon 196 (1866) Fieldnonenone E.D. Tex. affirmed
Lanfear v. Hunley 204 (1866) Swaynenonenone La. affirmed
Witherspoon v. Duncan 210 (1867) Davisnonenone Ark. affirmed
Rutherford v. Geddes 220 (1867) Millernonenone C.C.E.D. La. affirmed
Evans v. Patterson 224 (1867) Griernonenone C.C.W.D. Pa. affirmed
Hughes v. United States 232 (1866) Fieldnonenone C.C.E.D. La. affirmed
Mitchell v. St. Maxent's Lessee 237 (1866) Davisnonenone N.D. Fla. affirmed
People ex rel. Duer v. City of New York 244 (1867) NelsonnoneChase N.Y. affirmed
Graham v. United States 259 (1867) Fieldnonenone D. Cal. affirmed
Brown v. Bass 262 (1867) Nelsonnonenone C.C.S.D. Miss. reversed
Mitchell v. Burlington and Mount Pleasant Plank Road Company 270 (1867) Cliffordnonenone C.C.D. Iowa reversed
Larned v. Burlington and Mount Pleasant Plank Road Company 275 (1867) Cliffordnonenone C.C.D. Iowa reversed
Cummings v. Missouri 277 (1867) FieldnoneMiller Mo. reversed
Ex parte Garland 333 (1867) FieldnoneMiller original confirmed to bar
Barrows v. Kindred 399 (1867) Swaynenonenone C.C.S.D. Ill. reversed
United States v. Hathaway 404 (1867) Nelsonnonenone C.C.E.D. Mich. certification
United States v. Quimby 408 (1867) Nelsonnonenone C.C.E.D. Mich. certification
Gilman v. Lockwood 409 (1867) Cliffordnonenone C.C.D. Wis. reversed
The Moses Taylor 411 (1867) FieldnonenoneSan Francisco County Ct.reversed
Semple v. Hagar 431 (1867) Griernonenone Cal. dismissed
Rock Island County v. United States 435 (1867) Swaynenonenone C.C.N.D. Ill. affirmed
Davidson v. Lanier 447 (1867) Chasenonenone N.D. Miss. reversed
Bradley v. Illinois 459 (1867) Nelsonnonenone Ill. reversed
Thompson v. Bowie 463 (1867) DavisnoneGrier Sup. Ct. D.C. reversed
Mississippi v. Johnson 475 (1867) Chasenonenone original dismissed
Saulet v. Shepherd 502 (1867) Griernonenone C.C.E.D. La. affirmed
Bentley v. Coyne 509 (1867) Cliffordnonenone C.C.E.D. Mich. affirmed
Purcell v. Miner I 513 (1867) Griernonenone Sup. Ct. D.C. affirmed
Purcell v. Miner II 519 (1867) Griernonenone Sup. Ct. D.C. rehearing denied
Commissioner of Patents v. Whiteley 522 (1867) Swaynenonenone Sup. Ct. D.C. reversed
Von Hoffman v. City of Quincy 535 (1867) Swaynenonenone C.C.S.D. Ill. reversed
The Hine v. Trevor 555 (1867) Millernonenone Iowa reversed
Newell v. Nixon 572 (1866) Cliffordnonenone C.C.E.D. La. affirmed
Sparrow v. Strong 584 (1867) Chasenonenone Nev. dismissed
Bell v. Mobile and Ohio Railroad Company 598 (1867) Davisnonenone N.D. Miss. affirmed
Ryan v. Thomas 603 (1867) Chasenonenone Mo. dismissed
Pearson v. Duane 605 (1867) Davisnonenone C.C.D. Cal. certification
Ware v. United States 617 (1867) Cliffordnonenone C.C.E.D. Pa. affirmed
The Nassau 634 (1867) Davisnonenone C.C.S.D.N.Y. affirmed
United States v. Le Baron 642 (1866) Millernonenone C.C.S.D. Ala. reversed
New Orleans Railroad Company v. Lindsay 650 (1866) Swaynenonenone C.C.E.D. La. affirmed
Robbins v. City of Chicago 657 (1867) Cliffordnonenone C.C.N.D. Ill. affirmed
United States v. McMasters 680 (1866) Nelsonnonenone C.C.E.D. La. affirmed

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