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This is a list of cases reported in volume 31 (6 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1832.[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").

Richard Peters, Jr.

Starting with the 26th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Richard Peters, Jr. Peters was Reporter of Decisions from 1828 to 1843, covering volumes 26 through 41 of United States Reports which correspond to volumes 1 through 16 of his Peters's Reports. As such, the dual form of citation to, for example, Kelly v. Jackson is 31 U.S. (6 Pet.) 622 (1832).

Justices of the Supreme Court at the time of 31 U.S. (6 Pet.)

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 31 U.S. (6 Pet.) 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 Johnson Associate Justice South Carolina Alfred Moore March 24, 1804
(Acclamation)
May 7, 1804

August 4, 1834
(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)
John McLean Associate Justice Ohio Robert Trimble March 7, 1829
(Acclamation)
January 11, 1830

April 4, 1861
(Died)
Henry Baldwin Associate Justice Pennsylvania Bushrod Washington January 6, 1830
(41–2)
January 18, 1830

April 21, 1844
(Died)

Notable Case in 31 U.S. (6 Pet.)

Samuel Worcester

Worcester v. Georgia

In Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832), the Supreme Court held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional. The opinion by Chief Justice John Marshall is most famous for its dicta, which laid out the relationship among tribes, state governments, and the federal government. The decision is considered to have built the foundations of the doctrine of tribal sovereignty in the United States. Marshall laid out in this opinion that the relationship between the Indian Nations and the United States is that of nations. He reasoned that the United States, in the character of the federal government, inherited the legal rights of The Crown. Those rights, he stated, included the sole right to negotiate with the Indian nations of North America, to the exclusion of all other European powers. This did not include the rights of possession to their land or political dominion over their laws. He acknowledged that the exercise of conquest and purchase can give political dominion, but that those are in the hands of the federal government, and individual states had no authority in American Indian affairs.

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 31 U.S. (6 Pet.)

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Schimmelpennick v. Turner 1 (1832) Thompson none none C.C.D. Md. certification
Second Bank of the United States v. Bank of Washington 8 (1832) Thompson none none C.C.D.C. reversed
Kirkman v. Hamilton 20 (1832) Marshall none none C.C.D.W. Tenn. certification
Second Bank of the United States v. Green 26 (1832) Marshall none none C.C.D. Ohio dismissed
United States v. Bank of North Carolina 29 (1832) Story none none C.C.D.N.C. certification
Davis v. Packard 41 (1832) Thompson none none N.Y. dismissal denied
Second Bank of the United States v. Dunn 51 (1832) McLean none none C.C.D.C. reversed
Miller's Heirs v. M'Intyre 61 (1832) McLean none none C.C.D. Ky. affirmed
Smith v. Bell 68 (1832) Marshall none none C.C.D.E. Tenn. certification
Moore v. Bank of Columbia 86 (1832) Thompson none none C.C.D.C. reversed
Peirsoll v. Elliott 95 (1832) Marshall none none C.C.D. Ky. reversed
Levy's Lessee v. M'Cartee 102 (1832) Story none none C.C.S.D.N.Y. certification
Sicard's Lessee v. Davis 124 (1832) Marshall none none C.C.D. Ky. reversed
United States v. Paul 141 (1832) Marshall none none C.C.S.D.N.Y. certification
Oliver v. Alexander 143 (1832) Story none none C.C.D. Md. dismissed
Spring v. Gray's Executors 151 (1832) Marshall none none C.C.D. Me. affirmed
Dufau v. Couprey's Heirs 170 (1832) Marshall none none E.D. La. affirmed
Cox v. United States 172 (1832) Thompson none none E.D. La. reversed
M'Arthur v. Porter 205 (1832) Story none none C.C.D. Ohio reversed
Ex parte Roberts 216 (1832) Marshall none none S.D.N.Y. mandamus denied
Grant v. Raymond 218 (1832) Marshall none none C.C.S.D.N.Y. reversed
Second Bank of the United States v. Hatch 250 (1832) Story none none C.C.D. Ohio affirmed
M'Donald's Heirs v. Smalley 261 (1832) Marshall none none C.C.D. Ohio affirmed
Conard v. Pacific Insurance Company 262 (1832) Story none none C.C.E.D. Pa. affirmed
Ross v. M'Lung 283 (1832) Marshall none none C.C.D.E. Tenn. affirmed
Green v. Neal's Lessee 291 (1832) McLean none none C.C.D.W. Tenn. reversed
Greenleaf's Lessee v. Birth 302 (1832) Story Marshall Marshall C.C.D.C. reversed
Leland v. Wilkinson 317 (1832) Marshall none none C.C.D.R.I. certification
New Jersey v. New York 323 (1832) Marshall none none original continued
Boardman v. Reed's Lessees 328 (1832) McLean none none W.D. Va. affirmed
Boyle v. Zacharie 348 (1832) Marshall none none C.C.D. Md. inquiry answered
Scott v. Lunt's Administrator 349 (1832) Marshall none none C.C.D.C. dismissal denied
United States v. Reyburn 352 (1832) Thompson none none C.C.D. Md. certification
Hughes v. Town of Clarksville 369 (1832) Marshall none none D. Ind. reversed
Watts v. Waddle 389 (1832) McLean none none C.C.D. Ohio affirmed
M'Lane v. United States 404 (1832) Story none none C.C.D. Del. reversed
City of Cincinnati v. White's Lessee 431 (1832) Thompson none none C.C.D. Ohio reversed
United States v. Quincy 445 (1832) Thompson none none C.C.D. Md. certification
United States v. Nourse 470 (1832) McLean none none C.C.D.C. reversed
Barclay v. Howell's Lessee 498 (1832) McLean none none C.C.W.D. Pa. reversed
Worcester v. Georgia 515 (1832) Marshall McLean Baldwin Ga. Super. Ct. reversed
Crane v. Morriss's Lessee 598 (1832) Story none Baldwin C.C.S.D.N.Y. affirmed
Kelly v. Jackson 622 (1832) Story none Baldwin C.C.S.D.N.Y. affirmed
United States v. M'Daniel 634 (1832) Marshall none none C.C.D.C. dismissal denied
Boyle v. Zacharie I 635 (1832) Story none none C.C.D. Md. affirmed
Boyle v. Zacharie II 648 (1832) Story none none C.C.D. Md. affirmed
Ex parte Davenport 661 (1832) Story none none C.C.S.D.N.Y. mandamus denied
Lindsey v. Miller's Lessee 666 (1832) McLean none Baldwin C.C.D. Ohio affirmed
Wallace v. Parker 680 (1832) Marshall none none Ohio affirmed
United States v. Arredondo 691 (1832) Baldwin none Thompson Fla. Super. Ct. affirmed
Gassies v. Ballon 761 (1832) Marshall none none D. La. affirmed
Strother v. Lucas 763 (1832) Thompson none none D. Mo. affirmed
Ex parte Bradstreet 774 (1832) Marshall none none N.D.N.Y. command to appear
United States v. Phillips 776 (1832) per curiam none none C.C.E.D. Pa. dismissed
Veitch v. Farmers' Bank 777 (1832) per curiam none none C.C.D.C. dismissed
Boyce v. Grundy 777 (1832) per curiam none none C.C.D.W. Tenn. dismissed

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