List of United States Supreme Court cases, volume 53
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| Judge term length | life tenure, subject to impeachment and removal |
| Number of positions | 9 (by statute) |
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This is a list of cases reported in volume 53 (12 How.) of United States Reports, decided by the Supreme Court of the United States in 1851 and 1852.[1]
Nominative reports
[edit]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
[edit]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, Bein v. Heath is 53 U.S. (12 How.) 168 (1852).
Justices of the Supreme Court at the time of 53 U.S. (12 How.)
[edit]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 53 U.S. (12 How.) were decided the Court comprised these nine members:
| Portrait | Justice | Office | Home State | Succeeded | Date confirmed by the Senate (Vote) |
Tenure on Supreme Court |
|---|---|---|---|---|---|---|
 |
Roger B. Taney | Chief Justice | Maryland | John Marshall | March 15, 1836 (29–15) |
March 28, 1836 – October 12, 1864 (Died) |
 |
John McLean | Associate Justice | Ohio | Robert Trimble | March 7, 1829 (Acclamation) |
January 11, 1830 – April 4, 1861 (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) |
 |
John McKinley | Associate Justice | Alabama | newly created seat | September 25, 1837 (Acclamation) |
January 9, 1838 – July 19, 1852 (Died) |
 |
Peter Vivian Daniel | Associate Justice | Virginia | Philip P. Barbour | March 2, 1841 (25–5) |
January 10, 1842 – May 31, 1860 (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) |
 |
Benjamin Robbins Curtis | Associate Justice | Massachusetts | December 20, 1851 (Acclamation) |
October 10, 1851 – September 30, 1857 (Resigned) |
Notable case in 53 U.S. (12 How.)
[edit]
Cooley v. Board of Wardens of the Port of Philadelphia ex rel. Society for the Relief of Distressed Pilots, their Widows & Children
[edit]In Cooley v. Board of Wardens, 53 U.S. (12 How.) 299 (1852), the Supreme Court held that a Pennsylvania law requiring all ships entering or leaving the Port of Philadelphia to hire a local river pilot did not violate the Commerce Clause of the Constitution. The Court decided that the constitutional grant to Congress of power to regulate interstate commerce did not deprive the states of power to regulate maritime pilots; although Congress had legislated on the subject, its legislation showed an intention not to preempt the entire topic. The ruling, however, "empowered the slave states to interfere with interstate commerce to protect slavery."[3]
Citation style
[edit]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.
- "C.C.D." = United States Circuit Court for the District of . . .
- e.g.,"C.C.D.N.J." = United States Circuit Court for the District of New Jersey
- "D." = United States District Court for the District of . . .
- e.g.,"D. Mass." = United States District Court for the District of Massachusetts
- "E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western
- e.g.,"C.C.S.D.N.Y." = United States Circuit Court for the Southern District of New York
- e.g.,"M.D. Ala." = United States District Court for the Middle District of Alabama
- "Ct. Cl." = United States Court of Claims
- The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time.
- e.g.,"Pa." = Supreme Court of Pennsylvania
- e.g.,"Me." = Supreme Judicial Court of Maine
List of cases in 53 U.S. (12 How.)
[edit]| Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower court | Disposition of case |
|---|---|---|---|---|---|---|
| Miners' Bank v. Iowa | 1 (1851) | Daniel | none | none | Iowa | dismissed |
| Binns v. Lawrence | 9 (1852) | Daniel | none | none | C.C.S.D.N.Y. | certification |
| Smith v. Clark | 21 (1852) | Taney | none | none | C.C.D. Mass. | dismissal denied |
| Thredgill v. Pintard | 24 (1851) | McLean | none | none | C.C.D. Ark. | affirmed |
| Parks v. Turner | 39 (1851) | Taney | none | none | C.C.E.D. La. | affirmed |
| Montault v. United States | 47 (1851) | Taney | none | none | S.D. Ala. | affirmed |
| Farmers' Bank v. Groves | 51 (1851) | Nelson | none | none | C.C.D. Louisiana | affirmed |
| Lessieur v. Price | 59 (1851) | Catron | none | none | Mo. | affirmed |
| Harris v. Runnels | 79 (1851) | Wayne | none | none | C.C.S.D. Miss. | reversed |
| United States v. Bromley | 88 (1851) | McLean | none | none | C.C.N.D.N.Y. | reversed |
| Neilson v. Lagow | 98 (1851) | Curtis | none | none | Ind. | reversed |
| Williams v. Oliver I | 111 (1851) | Nelson | none | none | Md. | dismissed |
| Williams v. Oliver II | 125 (1851) | Nelson | none | none | Md. | dismissed |
| Dorsey v. Packwood | 126 (1852) | Grier | none | none | C.C.E.D. La. | affirmed |
| Russell v. Southard | 139 (1851) | Curtis | none | none | C.C.D. Ky. | reversed |
| Ives v. Merchants' Bank | 159 (1852) | Catron | none | none | C.C.D.R.I. | affirmed |
| Grand Gulf et al. Co. v. Marshall | 165 (1852) | Taney | none | none | La. | dismissed |
| Bein v. Heath | 168 (1852) | Taney | none | none | C.C.E.D. La. | reversed |
| Wilbur v. Almy | 180 (1852) | Curtis | none | none | C.C.D.R.I. | reversed |
| Erwin v. Parham | 197 (1852) | Catron | none | Nelson | C.C.D. La. | reversed |
| United States v. Moore | 209 (1852) | Catron | none | none | E.D. La. | reversed |
| Lyman v. Bank of the U.S. | 225 (1852) | Nelson | none | none | C.C.D. Vt. | affirmed |
| United States v. Wilkinson | 246 (1852) | Taney | none | none | C.C.E.D. La. | reversed |
| Bond v. Brown | 254 (1852) | Taney | none | none | C.C.E.D. La. | affirmed |
| Dundas v. Hitchcock | 256 (1852) | Grier | none | none | C.C.S.D. Ala. | reversed |
| Clark v. Barnwell | 272 (1852) | Nelson | none | none | C.C.D.S.C. | reversed |
| Teal v. Felton | 284 (1852) | Wayne | none | none | N.Y. | affirmed |
| Achison v. Huddleson | 293 (1852) | Curtis | none | none | Md. | reversed |
| Cooley v. Board of Wardens of the Port of Philadelphia ex rel. Society for the Relief of Distressed Pilots, their Widows & Children | 299 (1852) | Curtis | Daniel | McLean | Pa. | affirmed |
| Union Bank v. Stafford | 327 (1852) | Grier | none | none | D. Tex. | reversed |
| Smyth v. Strader Pevine & Co. | 327 (1852) | per curiam | none | none | C.C.S.D. Ala. | dismissed |
| New Orleans et al. Co. v. Stafford | 343 (1852) | Grier | none | none | D. Tex. | reversed |
| Rich v. Lambert | 347 (1852) | Nelson | none | Daniel | C.C.D.S.C. | reversed |
| United States v. Reid | 361 (1852) | Taney | none | none | C.C.E.D. Va. | certification |
| Bennett v. Butterworth | 367 (1852) | McLean | none | none | D. Tex. | affirmed |
| Sargeant v. State Bank | 371 (1852) | Daniel | none | none | C.C.D. Ind. | affirmed |
| Saltmarsh v. Tuthill | 387 (1852) | Taney | none | none | M.D. Ala. | motion reserved |
| Dinsman v. Wilkes | 390 (1852) | Taney | none | none | C.C.D.C. | reversed |
| Snead v. McCoull | 407 (1852) | Daniel | none | none | C.C.E.D. Va. | affirmed |
| Linton v. Stanton | 423 (1852) | Taney | none | none | La. | dismissed |
| United States v. Porche | 426 (1852) | Taney | none | none | E.D. La. | certification |
| United States v. Simon | 433 (1852) | Grier | none | none | D. La. | reversed |
| United States v. Leblanc | 435 (1852) | Taney | none | none | E.D. La. | reversed |
| United States v. Castant | 437 (1852) | Daniel | none | none | E.D. La. | reversed |
| The Propeller Genesee Chief | 443 (1852) | Taney | none | Daniel | C.C.N.D.N.Y. | affirmed |
| Fretz v. Bull | 466 (1852) | Wayne | none | Daniel | C.C.E.D. La. | affirmed |
| Gaines v. Relf | 472 (1852) | Catron | none | Wayne | C.C.E.D. La. | affirmed |
Notes and references
[edit]- ^ Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
- ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
- ^ Finkelman, Paul (2018). Supreme Injustice, Slavery in the Nation's Highest Court. Harvard University Press. p. 190. ISBN 978-0-67405--121-8.
See also
[edit]External links
[edit]- [1] Case reports in volume 53 (12 How.) from Library of Congress
- [2] Case reports in volume 53 (12 How.) from Court Listener
- [3] Case reports in volume 53 (12 How.) from the Caselaw Access Project of Harvard Law School
- [4] Case reports in volume 53 (12 How.) from Google Scholar
- [5] Case reports in volume 53 (12 How.) from Justia
- [6] Case reports in volume 53 (12 How.) from Open Jurist
- Website of the United States Supreme Court
- United States Courts website about the Supreme Court
- National Archives, Records of the Supreme Court of the United States
- American Bar Association, How Does the Supreme Court Work?
- The Supreme Court Historical Society
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