Supreme Court of the United States
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)

This is a list of cases reported in volume 62 (21 How.) of United States Reports, decided by the Supreme Court of the United States in 1858 and 1859.[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").

Benjamin Chew Howard

Starting with the 42nd volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Benjamin Chew Howard. Howard was Reporter of Decisions from 1843 to 1860, covering volumes 42 through 65 of United States Reports which correspond to volumes 1 through 24 of his Howard's Reports. As such, the dual form of citation to, for example, New York v. Dibble is 62 U.S. (21 How.) 366 (1859).

Justices of the Supreme Court at the time of 62 U.S. (21 How.)

See also: List of justices of the Supreme Court of the United States

See also: List of United States Supreme Court justices by time in office

See also: List of justices of the Supreme Court of the United States by court composition

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 62 U.S. (21 How.) were decided the Court comprised these nine members:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
Tenure on Supreme Court
Roger B. Taney Chief Justice Maryland John Marshall March 15, 1836
March 28, 1836

October 12, 1864
John McLean Associate Justice Ohio Robert Trimble March 7, 1829
January 11, 1830

April 4, 1861
James Moore Wayne Associate Justice Georgia William Johnson January 9, 1835
January 14, 1835

July 5, 1867
John Catron Associate Justice Tennessee newly-created seat March 8, 1837
May 1, 1837

May 30, 1865
Peter Vivian Daniel Associate Justice Virginia Philip P. Barbour March 2, 1841
January 10, 1842

May 31, 1860
Samuel Nelson Associate Justice New York Smith Thompson February 14, 1845
February 27, 1845

November 28, 1872
Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin August 4, 1846
August 10, 1846

January 31, 1870
John Archibald Campbell Associate Justice Alabama John McKinley March 22, 1853
April 11, 1853

April 30, 1861
Nathan Clifford Associate Justice Maine Benjamin Robbins Curtis January 12, 1858
January 21, 1858

July 25, 1881

Notable Case in 62 U.S. (21 How.)

Ableman v. Booth

In Ableman v. Booth, 62 U.S. (21 How.) 506 (1859), the Supreme Court determined that state courts cannot issue rulings that contradict the decisions of federal courts, overturning a decision by the Wisconsin Supreme Court. The U.S. Supreme Court held that under the federal Constitution, federal courts hold final power to decide cases arising under the Constitution and federal statutes, and that the states do not have the power to overturn those decisions. Ableman emphasized the dual form of American government and the independence of state and federal courts from each other.

Citation style

See also: United States district court

See also: United States court of appeals

See also: United States federal courts

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 62 U.S. (21 How.)

See also: Taney Court

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
The Steamer Louisiana 1 (1858) Campbell none Daniel C.C.D. Md. affirmed
The Propeller Niagara 7 (1859) Clifford none none D. Wis. affirmed
Union Insurance Company v. Hoge 35 (1859) Nelson none Daniel C.C.N.D.N.Y. affirmed
Leggett v. Humphreys 66 (1859) Daniel none none C.C.S.D. Miss. affirmed
Richmond v. City of Milwaukee I 80 (1859) Taney none none D. Wis. dismissed
Rice v. Minnesota and Northwestern Railroad Company 82 (1858) Taney none none Sup. Ct. Terr. Minn. annulment denied
Kelsey v. Forsyth 85 (1858) Taney none none C.C.N.D. Ill. affirmed
Winans v. New York and Erie Railroad Company 88 (1859) Grier none Daniel C.C.N.D.N.Y. affirmed
Pennsylvania v. Ravenel 103 (1858) Nelson none Daniel C.C.E.D. Pa. affirmed
Covington Drawbridge Company v. Shepherd 112 (1858) Catron none Daniel C.C.D. Ind. affirmed
Livermore v. Jenckes 126 (1859) Wayne none none C.C.S.D.N.Y. affirmed
Barreda v. Silsbee 146 (1859) Clifford none none C.C.D. Md. affirmed
United States v. Sutter 170 (1859) Campbell none Clifford N.D. Cal. multiple
Cushing v. Owners of Ship John Fraser 184 (1859) Taney none Nelson; Grier; Clifford C.C.D.S.C. reversed
Insurance Company of the Valley of Virginia v. Mordecai 195 (1859) Taney none none C.C.W.D. Va. dismissed
Philadelphia, Wilmington and Baltimore Railroad Company v. Quigley 202 (1859) Campbell Daniel none C.C.D. Md. reversed
Campbell v. Boyreau 223 (1859) Taney none none C.C.N.D. Cal. affirmed
French's Lessee v. Spencer 228 (1859) Catron none none C.C.D. Ind. affirmed
Smith v. Orton 241 (1859) Catron none none D. Wis. reversed
Allen v. Newberry 244 (1859) Nelson Daniel none D. Wis. affirmed
Maguire v. Card 248 (1859) Nelson none none C.C.D. Cal. reversed
C. Belcher and Company v. Lawrason 251 (1859) Nelson none none C.C.E.D. La. affirmed
Pemberton v. Lockett 257 (1859) Nelson none none C.C.D.C. reversed
Poorman v. Woodward 266 (1859) Catron none none C.C.S.D. Ohio affirmed
Doe ex rel. Dickins v. Mahana 276 (1859) Catron none none C.C.S.D. Ohio reversed
Hill v. Smith 283 (1859) Grier none none C.C.D. Ind. reversed
Ford v. Williams 287 (1858) Grier none none C.C.D. Md. reversed
Lownsdale v. Parrish 290 (1859) Catron none none Sup. Ct. Terr. Or. dismissed
Morehouse v. Phelps 294 (1859) Catron none none Ill. reversed
Brown v. Huger 305 (1859) Daniel none none C.C.W.D. Va. affirmed
Kendall v. Winsor 322 (1859) Daniel none none C.C.D.R.I. affirmed
Thomas v. Lawson 331 (1859) Daniel none none C.C.E.D. Ark. affirmed
McKinlay v. Morrish 343 (1859) Wayne none none N.D. Cal. affirmed
United States v. City Bank of Columbus 356 (1859) Wayne none none C.C.S.D. Ohio affirmed
New York ex rel. Cutler v. Dibble 366 (1859) Grier none none N.Y. Sup. Ct. affirmed
New York and Liverpool United States Mail Steamship Company v. Rumball 372 (1859) Clifford none none C.C.S.D.N.Y. affirmed
Montgomery v. Anderson 386 (1859) Taney none none C.C.D. Mo. reversed
Ballance v. Forsyth 389 (1859) Taney none none C.C.N.D. Ill. reinstatement denied
Mason v. Gamble 390 (1859) Taney none none C.C.D. Md. dismissed
Richmond v. City of Milwaukee II 391 (1859) Taney none none D. Wis. reinstatement denied
Porter v. Foley 393 (1859) Taney none none Ky. dismissed
Martin v. Imhsen 394 (1859) Grier none none C.C.E.D. La. affirmed
Combs v. Hodge 397 (1859) Campbell none none C.C.D.C. remanded
United States v. Nye 408 (1859) Campbell none none N.D. Cal. reversed
United States v. Bassett 412 (1859) Campbell none none N.D. Cal. reversed
White Water Valley Canal Company v. Vallette 414 (1859) Campbell none none C.C.D. Ind. affirmed
Easton v. Salisbury 426 (1859) McLean none none Mo. affirmed
McCarty v. Roots 432 (1859) McLean none none C.C.D. Ind. affirmed
Pearce v. Madison and Indianapolis Railroad Company 441 (1859) Campbell none none C.C.D. Ind. affirmed
United States v. Fossatt 445 (1859) Campbell none none N.D. Cal. dismissed
Sturgis v. Clough 451 (1859) Grier none none C.C.S.D.N.Y. reversed
Western Telegraph Company v. Magnetic Telegraph Company 456 (1859) McLean none none C.C.D. Md. affirmed
Western Telegraph Company v. Penniman 460 (1859) McLean none none C.C.D. Md. affirmed
Converse v. United States 463 (1859) Taney none Campbell C.C.D. Mass. reversed
Fenn v. Holme 481 (1859) Daniel none none C.C.D. Md. reversed
Clearwater v. Meredith 489 (1859) McLean none none C.C.D. Ind. reversed
Lea v. Polk County Copper Company 493 (1859) Catron none Daniel C.C.E.D. Tenn. affirmed
Ableman v. Booth 506 (1859) Taney none none Wis. reversed
Rogers v. Law 526 (1859) McLean none none C.C.D.C. dismissed
Brittan v. Barnaby 527 (1859) Wayne none Daniel C.C.D. Cal. reversed
Knox County v. Aspinwall 539 (1859) Nelson none Daniel C.C.D. Ind. affirmed
Knox County v. Wallace 546 (1859) Nelson none none C.C.D. Ind. affirmed
Chamberlain v. Ward 548 (1859) Clifford none Daniel C.C.S.D. Ohio affirmed
Ward v. Chamberlain 572 (1859) Clifford none none C.C.S.D. Ohio affirmed
White v. Vermont and Massachusetts Railroad Company 575 (1859) Nelson none none C.C.D. Mass. reversed
Walker v. Smith 579 (1859) Grier none none C.C.D.C. affirmed
Barber v. Barber 582 (1859) Wayne none Daniel D. Wis. 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