Colonel William A. Phillips

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This is a list of cases reported in volume 21 (8 Wheat.) of United States Reports, decided by the Supreme Court of the United States in 1823.^[1]

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").

Henry Wheaton

Starting with the 14th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Henry Wheaton. Wheaton was Reporter of Decisions from 1816 to 1827, covering volumes 14 through 25 of United States Reports which correspond to volumes 1 through 12 of his Wheaton's Reports. As such, the dual form of citation to, for example, Sexton v. Wheaton is 21 U.S. (8 Wheat.) 229 (1823).

Justices of the Supreme Court at the time of 21 U.S. (8 Wheat.)

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 21 U.S. (8 Wheat.) were decided, the Court comprised these seven justices:

Portrait	Justice	Office	Home State	Succeeded	Date confirmed by the Senate (Vote)	Tenure on Supreme Court
	John Marshall	Chief Justice	Virginia	Oliver Ellsworth	January 27, 1801 (Acclamation)	February 4, 1801 – July 6, 1835 (Died)
	Bushrod Washington	Associate Justice	Virginia	James Wilson	December 20, 1798 (Acclamation)	November 9, 1798 (Recess Appointment) – November 26, 1829 (Died)
	William Johnson	Associate Justice	South Carolina	Alfred Moore	March 24, 1804 (Acclamation)	May 7, 1804 – August 4, 1834 (Died)
	Henry Brockholst Livingston	Associate Justice	New York	William Paterson	December 17, 1806 (Acclamation)	January 20, 1807 – March 18, 1823 (Died)
	Thomas Todd	Associate Justice	Kentucky	new seat	March 2, 1807 (Acclamation)	March 3, 1807 – February 7, 1826 (Died)
	Gabriel Duvall	Associate Justice	Maryland	Samuel Chase	November 18, 1811 (Acclamation)	November 23, 1811 – January 12, 1835 (Resigned)
	Joseph Story	Associate Justice	Massachusetts	William Cushing	November 18, 1811 (Acclamation)	February 3, 1812 – September 10, 1845 (Died)

Notable Case in 21 U.S. (8 Wheat.)

Johnson's Lessee v. McIntosh

Johnson's Lessee v. McIntosh, 21 U.S. (8 Wheat.) 543 (1823), is a landmark decision of the U.S. Supreme Court which held private citizens could not purchase lands from Native Americans. The litigation began when the successor in interest to a private purchase from the Piankeshaw attempted to maintain an action of ejectment against the holder of a federal land patent. The case is one of the most influential decisions of the Marshall Court. Marshall's opinion lays down the foundations of the doctrine of aboriginal title in the United States, and the related doctrine of discovery. What the opinion holds as to aboriginal title is that it is inalienable, a principle that remains well-established law in nearly all common law jurisdictions.

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.

• "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 21 U.S. (8 Wheat.)

Case Name	Page and year	Opinion of the Court	Concurring opinion(s)	Dissenting opinion(s)	Lower court	Disposition
Green v. Biddle	1 (1823)	Washington	Johnson	none	C.C.D. Ky.	certification
La Nereyda	108 (1823)	Story	none	none	C.C.D. Md.	reversed
Hunt v. Rousmanier's Administrators	174 (1823)	Marshall	none	none	C.C.D.R.I.	reversed
Goldsborough v. Orr	217 (1823)	Story	none	none	C.C.D.C.	affirmed
Sexton v. Wheaton	229 (1823)	Marshall	none	none	C.C.D.C.	affirmed
United States v. Wilson	253 (1823)	per curiam	none	none	C.C.S.D.N.Y.	certification
Greeley v. United States	257 (1823)	per curiam	none	none	C.C.D. Me.	certification
The Experiment	261 (1823)	Story	none	none	C.C.D. Mass.	affirmed
Spring v. South Carolina Insurance Company	268 (1823)	Livingston	none	none	C.C.D.S.C.	reversed
Hughes v. Union Insurance Company	294 (1823)	Johnson	none	none	C.C.D. Md.	reversed
Buel v. Van Ness	312 (1823)	Johnson	none	none	Vt.	reversed
Nicholls v. Webb	326 (1823)	Story	none	none	D. La.	affirmed
Fleckner v. Second Bank of the United States	338 (1823)	Story	none	none	D. La.	affirmed
Nicholas v. Anderson	365 (1823)	Story	none	none	C.C.D. Ky.	affirmed
The Pitt	371 (1823)	Johnson	none	none	C.C.D. Del.	affirmed
The Mary Ann Plumer	380 (1823)	Marshall	none	none	D. La.	reversed
The Sarah Hazard	391 (1823)	Marshall	none	none	D. La.	reversed
The Frances	398 (1823)	Duvall	none	none	D. La.	reversed
The Luminary L'Amoureaux	407 (1823)	Story	none	Johnson	D. La.	affirmed
Wallace v. Wormley	421 (1823)	Story	Johnson	none	C.C.D. Va.	affirmed
United Society Partners in the Gospel v. Town of New-Haven	464 (1823)	Washington	none	none	C.C.D. Vt.	certification
Daly's Lessee v. James	495 (1823)	Washington	Johnson	none	C.C.D. Pa.	affirmed
Johnson's Lessee v. McIntosh	543 (1823)	Marshall	none	none	D. Ill.	affirmed
Gracie v. Palmer	605 (1823)	Johnson	none	none	C.C.E.D. Pa.	reversed
Childress v. Emory	642 (1823)	Story	none	none	C.C.D.W. Tenn.	affirmed
Siglar v. Haywood	675 (1823)	Marshall	none	none	C.C.D.E. Tenn.	reversed
City of Washington v. Francis	681 (1823)	Johnson	none	none	C.C.D.C.	affirmed
Sneed v. Wister	690 (1823)	Washington	none	none	C.C.D. Ky.	affirmed
Hugh v. Higgs	697 (1823)	Marshall	none	none	C.C.D.C.	reversed
Gracie v. Palmer	699 (1823)	Marshall	none	none	C.C.E.D. Pa.	dismissal denied

Notes and references

See also

• certificate of division

External links

• [1] Case reports in volume 21 (8 Wheat.) from Court Listener
• [2] Case reports in volume 21 (8 Wheat.) from the Caselaw Access Project of Harvard Law School
• [3] Case reports in volume 21 (8 Wheat.) from Google Scholar
• [4] Case reports in volume 21 (8 Wheat.) from Justia
• [5] Case reports in volume 21 (8 Wheat.) 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