Colonel William A. Phillips

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This is a list of cases reported in volume 22 (9 Wheat.) of United States Reports, decided by the Supreme Court of the United States in 1824.[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, The Margaret is 22 U.S. (9 Wheat.) 421 (1824).

Justices of the Supreme Court at the time of 22 U.S. (9 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 22 U.S. (9 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)
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)
Smith Thompson Associate Justice New York Henry Brockholst Livingston December 9, 1823
(Acclamation)
September 1, 1823

December 18, 1843
(Died)

Notable Cases in 22 U.S. (9 Wheat.)

Gibbons v. Ogden

Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1 (1824), is a landmark decision in which the Supreme Court held that the power to regulate interstate commerce granted to Congress by the Commerce Clause of the United States Constitution encompassed the power to regulate navigation.

United States v. Perez

In United States v. Perez, 22 U.S. (9 Wheat) 579 (1824) the Supreme Court held that when a criminal trial results in a hung jury, the Double Jeopardy Clause of the Fifth Amendment does not bar a retrial.

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 22 U.S. (9 Wheat.)

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Gibbons v. Ogden 1 (1824) Marshall Johnson none N.Y. reversed
Kirk v. Smith ex rel. Penn 241 (1824) Marshall none Johnson C.C.D. Pa. affirmed
Taylor v. Mason 325 (1824) Marshall none none C.C.D. Md. affirmed
M'Creery's Lessee v. Somerville 354 (1824) Story none none C.C.D. Md. affirmed
The Apollon 362 (1824) Story none none C.C.D. Ga. multiple
The Emily 381 (1824) Thompson none none C.C.D.S.C. affirmed
The Merino 391 (1824) Washington none none C.C.D. Ala. multiple
The St. Jago 409 (1824) Johnson none none C.C.D. Md. reversed
The Margaret 421 (1824) Story none none C.C.D. Md. reversed
Two Hundred Chests of Tea 430 (1824) Story none none C.C.D. Mass. reversed
Mason v. Muncaster 445 (1824) Story none none C.C.D.C. affirmed
Doddridge v. Thompson 469 (1824) Marshall none none C.C.D. Ohio reversed
Riggs v. Tayloe 483 (1824) Todd none none C.C.D.C. reversed
Hughes v. Edwards 489 (1824) Washington none none C.C.D. Ky. affirmed
Stephens v. McCargo 502 (1824) Marshall none none C.C.D. Ky. affirmed
Love v. Simms's Lessee 515 (1824) Johnson none none C.C.D.W. Tenn. reversed
Stewart v. Ingle 526 (1824) Washington none none C.C.D.C. certiorari denied
Peyton v. Robertson 527 (1824) Marshall none none C.C.D.C. dismissed
Ex parte Burr 529 (1824) Marshall none none C.C.D.C. mandamus denied
Smith v. McIver 532 (1824) Marshall none none C.C.D.W. Tenn. affirmed
Mullen v. Torrance 537 (1824) Marshall none none D. Miss. reversed
Walker v. Turner 541 (1824) Washington none none C.C.D. Tenn. reversed
Catlett v. Brodie 553 (1824) Story none none C.C.D.C. conditionally dismissed
Baits v. Peters 556 (1824) Marshall none none D. Ala. reversed
Sebree v. Dorr 558 (1824) Story none none C.C.D. Ky. reversed
Kerr v. Moon's Devisees 565 (1824) Washington none none C.C.D. Ohio reversed
Meredith v. Picket 573 (1824) Marshall none none C.C.D. Ky. reversed
Walden ex rel. Denn v. Craig 576 (1824) Marshall none none C.C.D. Ky. dismissed
United States v. Perez 579 (1824) Story none none C.C.S.D.N.Y. certification
Renner v. Bank of Columbia 581 (1824) Thompson none none C.C.D.C. affirmed
McGruder v. Bank of Washington 598 (1824) Johnson none none C.C.D.C. affirmed
Ex parte Wood 603 (1824) Story none none C.C.S.D.N.Y. mandamus issued
The Monte Allegre 616 (1824) Thompson none none D. Md. affirmed
McIver v. Wattles 650 (1824) Marshall none none C.C.D.C. dismissed
Walton v. United States 651 (1824) Duvall none none D. Miss. affirmed
The Fanny 658 (1824) Washington none none C.C.D. Md. reversed
Danforth v. Wear 673 (1824) Johnson none none C.C.D.W. Tenn. reversed
Miller v. Stewart 680 (1824) Story none Johnson C.C.D. N.J. certification
United States v. Kirkpatrick 720 (1824) Story none none W.D. Pa. reversed
Osborn v. Bank of United States 738 (1824) Marshall none Johnson C.C.D. Ohio multiple
Second Bank of the United States v. Planters' Bank 904 (1824) Marshall none Johnson C.C.D. Ga. certification

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

External links