List of United States Supreme Court cases, volume 83

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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 83
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 83 (16 Wall.) of United States Reports , decided by the Supreme Court of the United States in 1873, along with two cases from 1872. [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, Beall v. New Mexico is 83 U.S. (16 Wall.) 535 (1873).

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 83 U.S. (16 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 1873 cases in 83 U.S. (16 Wall.) were decided the Court comprised the following nine members:

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)
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)
William Strong judge - Brady-Handy.jpg William Strong Associate Justice Pennsylvania Robert Cooper Grier February 18, 1870
(No vote recorded)
March 14, 1870

December 14, 1880
(Retired)
Joseph Philo Bradley - Brady-Handy.jpg Joseph P. Bradley Associate Justice New Jersey newly created seatMarch 21, 1870
(46–9)
March 23, 1870

January 22, 1892
(Died)
Ward Hunt - Brady-Handy.jpg Ward Hunt Associate Justice New York Samuel Nelson December 11, 1872
(Acclamation)
January 9, 1873

January 27, 1882
(Retired)

Notable Case in 83 U.S. (16 Wall.)

Former Justice John Archibald Campbell represented the butchers, unsuccessfully urging an expansive interpretation of the 14th Amendment. JACampbell.jpg
Former Justice John Archibald Campbell represented the butchers, unsuccessfully urging an expansive interpretation of the 14th Amendment.

Slaughter-House Cases

In the Slaughter-House Cases , 83 U.S. (16 Wall.) 36 (1873), the Supreme Court held that the Privileges or Immunities Clause of the Fourteenth Amendment to the U.S. Constitution only protects the legal rights that are associated with federal U.S. citizenship, not those that pertain to state citizenship. The Slaughter-House Cases essentially gutted the Privileges or Immunities Clause. [3] In 1953, the American scholar Edward Samuel Corwin remarked: "Unique among constitutional provisions, the privileges and immunities clause of the Fourteenth Amendment enjoys the distinction of having been rendered a practical nullity by a single decision of the Supreme Court rendered within five years after its ratification". [4]

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 83 U.S. (16 Wall.)

Case NamePage and yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower CourtDisposition
Dair v. United States 1 (1873) Davisnonenone C.C.D. Ind. affirmed
Lynde v. Winnebago County 6 (1873) SwaynenoneField C.C.D. Iowa reversed
Voorhees v. Bonesteel 16 (1873) Cliffordnonenone C.C.S.D.N.Y. affirmed
The Commerce 33 (1873) Strongnonenone C.C.D. Md. affirmed
Slaughter-House Cases 36 (1873) MillernoneField; Bradley; Swayne La. affirmed
Bradwell v. State 130 (1873) MillerBradleynone Ill. affirmed
Mahan v. United States 143 (1873) Millernonenone Ct. Cl. affirmed
Carlisle v. United States 147 (1873) Fieldnonenone Ct. Cl. reversed
Collector v. Doswell and Company 156 (1873) Millernonenone C.C.D. La. affirmed
James v. City of Milwaukee 159 (1872) Swaynenonenone C.C.E.D. Wis. reversed
Garnharts v. United States 162 (1873) Cliffordnonenone M.D. Ala. reversed
Hanrick v. Barton 166 (1873) Bradleynonenone C.C.W.D. Tex. reversed
The Cayuga 177 (1873) Cliffordnonenone C.C.S.D.N.Y. affirmed
Smith v. Adsit 185 (1873) Strongnonenone Ill. dismissed
First National Bank v. Turnbull and Company 190 (1873) Swaynenonenone C.C.D. Va. reversed
Koontz v. Northern Bank 196 (1873) Fieldnonenone C.C.S.D. Miss. affirmed
Davis v. Gray 203 (1873) SwaynenoneDavis C.C.W.D. Tex. affirmed
Pierce v. Carskadon 234 (1873) FieldnoneBradley W. Va. reversed
Peabody v. Stark 240 (1873) Millernonenone C.C.M.D. Tenn. affirmed
Humphrey v. Pegues 244 (1873) Huntnonenone C.C.D.S.C. affirmed
Dickinson v. Planters' Bank 250 (1873) Strongnonenone C.C.D. Tenn. affirmed
Knickerbocker Insurance Company v. Comstock 258 (1873) Cliffordnonenone C.C.N.D. Ill. dismissed
Carpenter v. Longan 271 (1873) Swaynenonenone Sup. Ct. Terr. Colo. reversed
Buchanan v. Smith 277 (1873) CliffordnoneBradley C.C.N.D.N.Y. affirmed
Slawson v. United States 310 (1873) Davisnonenone Ct. Cl. affirmed
Walker v. Whitehead 314 (1873) Swaynenonenone Ga. reversed
Michigan Central Railroad Company v. Manufacturing Company 318 (1873) Davisnonenone C.C.D. Conn. affirmed
Cofield v. McClelland 331 (1873) Huntnonenone Sup. Ct. Terr. Colo. affirmed
Ripley v. Insurance Company 336 (1873) Chasenonenone C.C.W.D. Mich. affirmed
Merrill v. Petty 338 (1873) Cliffordnonenone C.C.S.D.N.Y. dismissed
The Mary Eveline 348 (1873) Huntnonenone C.C.S.D.N.Y. reversed
Marqueze v. Bloom 351 (1873) Chasenonenone La. dismissed
McNitt v. Turner 352 (1873) Swaynenonenone C.C.S.D. Ill. affirmed
Taylor v. Taintor 366 (1873) SwaynenoneField Conn. affirmed
New Orleans Insurance Company v. Piaggio 378 (1873) Cliffordnonenone C.C.D. La. reversed
Burke v. Smith 390 (1873) Strongnonenone C.C.D. Ind. affirmed
Huntington v. Texas 402 (1873) Chasenonenone Sup. Ct. D.C. reversed
United States v. Huckabee 414 (1873) Cliffordnonenone C.C.M.D. Ala. reversed
Walker v. Henshaw 436 (1873) Davisnonenone Kan. affirmed
Ribon v. Railroad Companies 446 (1873) Swaynenonenone C.C.D. Iowa affirmed
Kenicott v. Wayne County 452 (1873) Huntnonenone C.C.S.D. Ill. reversed
Morgan v. Parham 471 (1873) Huntnonenone C.C.S.D. Ala. reversed
Osborne v. City of Mobile 479 (1873) Chasenonenone Ala. affirmed
Planters' Bank v. Union Bank 483 (1873) StrongnoneBradley C.C.D. La. affirmed
Tweed's Case 504 (1873) CliffordnoneBradley C.C.D. La. affirmed
American Steamboat Company v. Chase 522 (1873) Cliffordnonenone R.I. affirmed
Beall v. New Mexico 535 (1873) Bradleynonenone Sup. Ct. Terr. N.M. reversed
Mitchell v. Hawley 544 (1873) Cliffordnonenone C.C.D. Mass. affirmed
Marshall v. Knox 551 (1873) Bradleynonenone C.C.D. La. reversed
Smith v. McCool 560 (1873) Swaynenonenone C.C.N.D. Ill. affirmed
Specht v. Howard 564 (1873) Swaynenonenone C.C.W.D. Tenn. affirmed
St. Paul Water Company v. Ware 566 (1873) Cliffordnonenone C.C.D. Minn. affirmed
Walbrun v. Babbitt 577 (1873) Davisnonenone C.C.D. Mo. affirmed
Wager v. Hall 584 (1873) Cliffordnonenone C.C.W.D. Wis. affirmed
Kansas Pacific Railway Company v. Prescott 603 (1873) Millernonenone Kan. reversed
Crapo v. Kelly 610 (1873) HuntCliffordBradley N.Y. Sup. Ct. reversed
St Joseph Township v. Rogers 644 (1873) Cliffordnonenone C.C.S.D. Ill. affirmed
Railroad Company v. Otoe County 667 (1873) Strongnonenone C.C.D. Neb. certification
Olcott v. Fond du Lac County 678 (1873) Strongnonenone C.C.E.D. Wis. reversed
Ex parte United States 699 (1872) per curiam nonenone Ct. Cl. mandamus granted

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. Tribe, Laurence H. (1995). "Taking Text and Structure Seriously: Reflections on Free-Form Method in Constitutional Interpretation". Harvard Law Review. 108 (6): 1221–1303. doi:10.2307/1341856. ISSN   0017-811X. JSTOR   1341856.
    4. Edward S. Corwin, ed., (1953) The Constitution of the United States of America, Legislative Reference Service, Library of Congress, p. 965, cited in Chemerinsky, Erwin (2019). Constitutional Law: Principles and Policies (6th ed.). New York: Wolters Kluwer. § 6.3.2, pp. 542–43. ISBN   978-1-4548-9574-9.