Battle of Backbone Mountain

Add links

This is a list of cases reported in volume 74 (7 Wall.) of United States Reports, decided by the Supreme Court of the United States in 1869.[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").

John William Wallace

Starting with the 66th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was John William Wallace. Wallace was Reporter of Decisions from 1863 to 1874, covering volumes 68 through 90 of United States Reports which correspond to volumes 1 through 23 of his Wallace's Reports. As such, the dual form of citation to, for example, Lincoln v. Clafin is 74 U.S. (7 Wall.) 132 (1869).

Wallace's Reports were the final nominative reports for the US Supreme Court; starting with volume 91, cases were identified simply as "(volume #) U.S. (page #) (year)".

Justices of the Supreme Court at the time of 74 U.S. (7 Wall.)

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).

To prevent President Andrew Johnson from appointing any justices, a hostile Congress passed the Judicial Circuits Act of 1866, eliminating three of the 10 seats from the Supreme Court as they became vacant, and so potentially reducing the size of the court to seven justices. The vacancy caused by the death of Justice John Catron in 1865 had not been filled, so after Justice James Moore Wayne died in July 1867 there were eight justices left on the court when the cases in 74 U.S. (7 Wall.) were decided:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
(Vote)
Tenure on Supreme Court
Salmon P. Chase Chief Justice Ohio Roger B. Taney December 6, 1864
(Acclamation)
December 15, 1864

May 7, 1873
(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)
Nathan Clifford Associate Justice Maine Benjamin Robbins Curtis January 12, 1858
(26–23)
January 21, 1858

July 25, 1881
(Died)
Noah Haynes Swayne Associate Justice Ohio John McLean January 24, 1862
(38–1)
January 27, 1862

January 24, 1881
(Retired)
Samuel Freeman Miller Associate Justice Iowa Peter Vivian Daniel July 16, 1862
(Acclamation)
July 21, 1862

October 13, 1890
(Died)
David Davis Associate Justice Illinois John Archibald Campbell December 8, 1862
(Acclamation)
December 10, 1862

March 4, 1877
(Resigned)
Stephen Johnson Field Associate Justice California newly-created seat March 10, 1863
(Acclamation)
May 10, 1863

December 1, 1897
(Retired)

Notable Cases in 74 U.S. (7 Wall.)

A Reconstruction era Harper's Magazine editorial cartoon by Thomas Nast denouncing KKK and White League murders of innocent Blacks

Ex parte McCardle

Ex parte McCardle, 74 U.S. (7 Wall.) 506 (1869), arose during the Civil War Reconstruction. Newspaper publisher McCardle circulated "incendiary" articles advocating opposition to the Reconstruction laws enacted by Congress. He was jailed by a military commander under the Military Reconstruction Act of 1867. McCardle pursued a writ of habeas corpus in a Circuit Court in Mississippi, where he was unsuccessful. He appealed to the Supreme Court under the Habeas Corpus Act of 1867, which granted appellate jurisdiction to review denial of habeas corpus petitions. After the case was argued but before an opinion was delivered, Congress suspended the Supreme Court's jurisdiction over the case, exercising powers granted under Article III, section 2 of the US Constitution to limit the appellate jurisdiction of the Supreme Court. The Court validated congressional withdrawal of the Court's jurisdiction, and so McCardle had no recourse by which to challenge his imprisonment in federal court.

Texas v. White

In Texas v. White, 74 U.S. (7 Wall.) 700 (1869), is one of the most important Supreme Court decisions during the Reconstruction era. It remains influential because of its definition of the legal status of a state and how states relate to each other within the nation. In accepting original jurisdiction under the constitution's jurisdictional grant of state v. state cases, the Court ruled that as a matter of constitutional law Texas had remained a United States state ever since it first joined the Union despite its later joining the insurrectionist Confederate States of America. The Court held that the Constitution did not permit states unilaterally to secede from the Union, and that the ordinances of secession and all acts of legislatures in seceding states intended to give effect to such ordinances were void.

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 74 U.S. (7 Wall.)

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Girard v. City of Philadelphia 1 (1869) Grier none none C.C.E.D. Pa. affirmed
Banks v. City of New York 16 (1869) Chase none none N.Y. reversed
Bank of N.Y. v. Supervisors 26 (1869) Chase none none N.Y. reversed
The Georgia 32 (1869) Nelson none none C.C.D. Mass. affirmed
Mutual Ins. Co. v. Tweed 44 (1869) Miller none none C.C.E.D. La. reversed
The China 53 (1869) Swayne Clifford none C.C.S.D.N.Y. affirmed
Lane Cnty. v. Oregon 71 (1869) Chase none none Or. affirmed
City of Aurora v. West 82 (1869) Clifford none Miller C.C.D. Ind. affirmed
Durant v. Essex Cnty. 107 (1869) Field none none C.C.D. Mass. affirmed
Kendall v. United States 113 (1869) Miller none none Ct. Cl. affirmed
Cowles v. Mercer Cnty. 118 (1869) Chase none none C.C.N.D. Ill. affirmed
Nichols v. United States 122 (1869) Davis none none Ct. Cl. affirmed
Lincoln v. Claflin 132 (1869) Field none none C.C.N.D. Ill. affirmed
Green v. Van Buskirk 139 (1869) Davis none none N.Y. Sup. Ct. reversed
The Siren 152 (1869) Field none Nelson D. Mass. reversed
Dorsheimer v. United States 166 (1869) Grier none none Ct. Cl. affirmed
Lee Cnty. v. Rogers I 175 (1869) Nelson none none C.C.N.D. Ill. affirmed
Lee Cnty. v. Rogers II 181 (1869) Nelson none none C.C.N.D. Ill. affirmed
Gordon v. United States 188 (1869) Grier none none Ct. Cl. affirmed
The Grace Girdler 196 (1869) Swayne none Davis C.C.S.D.N.Y. affirmed
Brown v. Pierce 205 (1869) Clifford none none Sup. Ct. Terr. Neb. affirmed
Silver v. Ladd 219 (1869) Miller none none Or. reversed
Bronson v. Rodes 229 (1869) Chase Davis; Swayne Miller N.Y. reversed
Butler v. Horwitz 258 (1869) Chase none Miller Md. Ct. Com. Pl. reversed
Northern C. Ry. Co. v. Jackson 262 (1869) Nelson none Clifford C.C.D. Md. affirmed
Litchfield v. Dubuque & P.R.R. Co. 270 (1869) Swayne none none C.C.D. Iowa reversed
St. Paul & P.R.R. Co. v. Schurmeir 272 (1869) Clifford none none Minn. affirmed
Mead v. Ballard 290 (1869) Miller none none C.C.D. Wis. affirmed
Jacobs v. Baker 295 (1869) Grier none none C.C.S.D. Ohio affirmed
Drury v. Cross 299 (1869) Davis none none C.C.D. Wis. reversed
Edmonson v. Bloomshire 306 (1869) Miller none none C.C.S.D. Ohio dismissed
Benbow v. City of Iowa City 313 (1869) Davis none none C.C.D. Iowa reversed
Boyd v. Moses 316 (1869) Field none none S.D.N.Y. affirmed
Twitchell v. Pennsylvania 321 (1869) Chase none none Pa. dismissed
Tyler v. City of Boston 327 (1869) Grier none none C.C.D. Mass. affirmed
Grant v. United States 331 (1869) Davis none none Ct. Cl. affirmed
United States v. Shoemaker 338 (1869) Nelson none none C.C.E.D. Mich. reversed
Thomson v. Dean 342 (1869) Chase none none C.C.D.W. Tenn. dismissal denied
Gaines v. Thompson 347 (1869) Miller none none C.C.D.C. affirmed
The Diana 354 (1869) Field none none S.D. Fla. reversed
Kellogg v. United States 361 (1869) Grier none none Ct. Cl. affirmed
Ex Parte Bradley 364 (1869) Nelson none Miller Sup. Ct. D.C. mandamus granted
Riddlesbarger v. Hartford Ins. Co. 386 (1869) Field none none C.C.D. Mo. affirmed
Chicago et al. R.R. Co. v. Howard 392 (1869) Clifford none none C.C.D. Iowa affirmed
Sheets v. Selden 416 (1869) Swayne none none C.C.D. Ind. affirmed
Payne v. Hook 425 (1869) Davis none none C.C.D. Mo. reversed
Pacific Ins. Co. v. Soule 433 (1869) Swayne none none C.C.D. Cal. certification
Ward v. Smith 447 (1869) Field none none C.C.D. Md. affirmed
Confiscation Cases 454 (1869) Clifford none none E.D. La. multiple
United States v. Adams 463 (1869) Nelson none none Ct. Cl. reversed
United States v. Kirby 482 (1869) Field none none C.C.D. Ky. certification
Mulligan v. Corbins 487 (1869) Davis none none Ky. affirmed
United States v. Gilmore 491 (1869) Swayne none none C.C.D. Neb. reversed
Kelly v. Owen 496 (1869) Field none none Sup. Ct. D.C. affirmed
Ewing v. Howard 499 (1869) Clifford none none C.C.M.D. Tenn. affirmed
Ex parte McCardle 506 (1869) Chase none none C.C.S.D. Miss. dismissed
Moore v. Marsh 515 (1869) Clifford none none C.C.W.D. Pa. reversed
Randall v. Brigham 523 (1869) Field none none D. Mass. affirmed
Palmer v. Donner 541 (1869) Chase none none Cal. dismissed
Coppell v. Hall 542 (1869) Swayne none none C.C.E.D. La. reversed
Cocks v. Izard 559 (1869) Davis none none C.C.D. La. reversed
The Grapeshot 563 (1869) Chase none none C.C.D. La. dismissal denied
Generes v. Bonnemer 564 (1869) Miller none none C.C.D. La. affirmed
Laber v. Cooper 565 (1869) Swayne none none C.C.N.D. Ill. affirmed
The Alicia 571 (1869) Chase none none C.C.S.D. Fla. appeal improvident
Baltimore & O.R.R. Co. v. Harris 574 (1869) Chase none none Sup. Ct. D.C. supersedeas denied
Washington et al. R.R. Co. v. Bradleys 575 (1869) Chase none none Sup. Ct. D.C. supersedeas granted
Morris v. United States 578 (1869) Chase none none M.D. Ala. reversed
United States v. Rosenburgh 580 (1869) Chase none none C.C.S.D.N.Y. dismissed
Agawam W. Co. v. Jordan 583 (1869) Clifford none none C.C.D. Mass. affirmed
Morgan v. Town of Beloit I 610 (1869) Swayne none none C.C.D. Wis. reversed
Morgan v. Town of Beloit II 613 (1869) Swayne none none C.C.D. Wis. reversed
Town of Beloit v. Morgan 619 (1869) Swayne none none C.C.D. Wis. affirmed
The Belfast 624 (1869) Clifford none none Ala. reversed
White's Bank v. Smith 646 (1869) Nelson none none C.C.N.D.N.Y. reversed
The Nichols 656 (1869) Clifford none none N.D.N.Y. affirmed
The Floyd Acceptances 666 (1869) Miller none none Ct. Cl. affirmed
Whitely v. Swayne 685 (1869) Nelson none none C.C.S.D. Ohio affirmed
Garrison v. United States 688 (1869) Miller none none Ct. Cl. reversed
James v. Bank of Mobile 692 (1869) Chase none none C.C.D. La. dismissal denied
Blitz v. Brown 693 (1869) Chase none none Sup. Ct. D.C. dismissed
Washington Cnty. v. Durant 694 (1869) Chase none none C.C.D. Iowa dismissed
Austin v. City of Boston 694 (1869) Swayne none none Mass. affirmed
Texas v. White 700 (1869) Chase none Grier; Swayne original decree for Texas
Roland v. United States 743 (1869) Davis none none N.D. Cal. affirmed

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

certificate of division

External links