Colonel William A. Phillips

Add links

This is a list of cases reported in volume 8 (4 Cranch) of United States Reports, decided by the Supreme Court of the United States in 1807 and 1808.[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").

William Cranch

Starting with the 5th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was William Cranch. Cranch was Reporter of Decisions from 1801 to 1815, covering volumes 5 through 13 of United States Reports which correspond to volumes 1 through 9 of his Cranch's Reports. As such, the complete citation to, for example, Jennings v. Carson is 8 U.S. (4 Cranch) 2 (1807).

Justices of the Supreme Court at the time of 8 U.S. (4 Cranch)

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 8 U.S. (4 Cranch) 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)
William Cushing
Associate Justice Massachusetts original seat established September 26, 1789
(Acclamation)
February 2, 1790

September 13, 1810
(Died)
Samuel Chase
Associate Justice Maryland John Blair, Jr. January 27, 1796
(Acclamation)
February 4, 1796

June 19, 1811
(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)

Notable cases in 8 U.S. (4 Cranch)

Aaron Burr, c. 1793

Ex parte Bollman

In Ex parte Bollman, 8 U.S. (4 Cranch) 75 (1807) the Supreme Court held that the constitutional definition of treason excluded mere conspiracy to levy war against the United States.[3] Erick Bollman and Samuel Swartwout were civilians who became implicated in the Burr-Wilkinson Plot. This plot supposedly consisted of Aaron Burr and James Wilkinson attempting to create an empire in the United States, ruled by Burr. In 1806, Wilkinson informed Thomas Jefferson of the plot, ending whatever may have actually been planned. Bollman and Swartwout attempted to recruit others into the plot, but these individuals informed the military, which promptly arrested them. The Court decided that "To constitute a levying of war, there must be an assemblage of persons for the purpose of effecting by force a treasonable purpose. Enlistments of men to serve against government is not sufficient."[3]

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 8 U.S. (4 Cranch)

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
United States v. Kid 1 (1807) per curiam none none C.C.D. Pa. certification
Jennings v. Carson 2 (1807) Marshall none none C.C.D. Pa. affirmed
Rhinelander v. Insurance Company 29 (1807) Marshall none none C.C.D. Pa. certification
Montalet v. Murray 46 (1807) Marshall none none C.C.D. Ga. certification
United States v. Willings 48 (1807) Marshall none none C.C.D. Pa. affirmed
O'Neale v. Long 60 (1807) Marshall none none C.C.D.C. reversed
Smith v. Carrington 62 (1807) Marshall none none C.C.D.R.I. reversed
Pendleton v. Wambersie 73 (1807) per curiam none none C.C.D. Ga. reversed
Ex parte Bollman 75 (1807) Marshall Chase Johnson C.C.D.C. habeas corpus granted
Skillern's Executors v. May's Executors 137 (1807) per curiam none none D. Ky. reversed
French's Executrix v. Bank of Columbia 141 (1807) Marshall none none C.C.D.C. reversed
Hopkirk v. Bell 164 (1807) per curiam none none C.C.D. Va. certification
Hicks v. Rogers 165 (1807) per curiam none none C.C.D. Vt. certification
United States v. Cantrill 167 (1807) Marshall none none C.C.D. Ga. judgment arrested
Sthreshley v. United States 169 (1807) Marshall none none D. Ky. reversed
Marshall v. Currie 172 (1807) Johnson none none D. Ky. reversed
Viers v. Montgomery 177 (1807) per curiam none none D. Ky. reversed
Diggs v. Wolcott 179 (1807) per curiam none none C.C.D. Conn. reversed
Wood v. Lide 180 (1807) Marshall none none C.C.D. Ga. affirmed
Fitzsimmons v. Newport Insurance Company 185 (1808) Marshall none none C.C.D.R.I. reversed
Marshall v. Delaware Insurance Company 202 (1808) Marshall none none C.C.D. Pa. affirmed
McIlvaine v. Coxe's Lessee 209 (1808) Cushing none none C.C.D.N.J. affirmed
The Brig Union 216 (1808) Marshall none Johnson C.C.D. Del. overruled
Pawling v. United States 219 (1808) Marshall none none D. Ky. reversed
Grant v. Naylor 224 (1808) Marshall none none C.C.D. Md. reversed
Woods v. Young 237 (1808) per curiam none none C.C.D.C. affirmed
Young v. Preston 239 (1808) per curiam none none C.C.D.C. reversed
Rose v. Himely 241 (1808) Marshall Livingston, Johnson none C.C.D.S.C. reversed
Hudson v. Guestier 293 (1808) Marshall Johnson Chase, Livingston C.C.D.C. reversed
Alexander v. Harris 299 (1808) Marshall none none C.C.D.C. affirmed
Chappedelaine v. Dechenaux 306 (1808) Marshall none none C.C.D. Ga. multiple
United States v. Vowell 316 (1808) per curiam none none D. Ky. dismissed certification
City of Alexandria v. Patten 317 (1808) Marshall none none C.C.D.C. reversed
Dawson's Lessee v. Godfrey 321 (1808) per curiam none none C.C.D.C. affirmed
Mountz v. Hodgson 324 (1808) Marshall none none C.C.D.C. dismissed certification
The Ship Charles Carter 328 (1808) Chase none none C.C.D. Va. affirmed
United States v. Gurney 333 (1808) Marshall none none C.C.D. Pa. certification
Peisch v. Ware 347 (1808) Marshall none none C.C.D. Del. affirmed
Shearman v. Irvine's Lessee 367 (1808) Marshall none none C.C.D. Ga. affirmed
Alexander v. Baltimore Insurance Company 370 (1808) Marshall none none C.C.D. Md. affirmed
Morgan v. Callender 370 (1808) per curiam none none C.C.D. Orleans dismissed certification
Matthews v. Zane 382 (1808) Marshall none none Ohio jurisdiction set
Young v. Bank of Alexandria 384 (1808) Marshall none none C.C.D.C. overruled
Spires v. Willison 398 (1808) Marshall none none D. Ky. reversed
Ramsay v. Lee 401 (1808) Marshall none none C.C.D.C. affirmed
Stead's Executors v. Course 403 (1808) Marshall none none C.C.D. Ga. reversed
Higginson v. Mein 415 (1808) Marshall none Livingston C.C.D. Ga. reversed
Pollard v. Dwight 421 (1808) Marshall none none C.C.D. Conn. reversed
Croudson v. Leonard 434 (1808) Johnson Washington none C.C.D.C. reversed
Ex parte Lewis 433 (1808) per curiam none none C.C.D. Pa. certification
The Schooner Betsey 443 (1808) Marshall none none C.C.D.C. reversed

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. ^ a b Howell, Herbert A. (November 1917). "The Law of Treason". Virginia Law Review. 5 (2): 131–134. doi:10.2307/1064036. ISSN 0042-6601. JSTOR 1064036.

See also

External links