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List of United States Supreme Court cases, volume 23

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Supreme Court of the United States
Map
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
Authorised byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov
This article is part of a series on the
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This is a list of cases reported in volume 23 (10 Wheat.) of United States Reports, decided by the Supreme Court of the United States in 1825.[1]

Nominative reports

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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

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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, Brent v. Davis is 23 U.S. (10 Wheat.) 395 (1825).

Justices of the Supreme Court at the time of 23 U.S. (10 Wheat.)

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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 23 U.S. (10 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 Case in 23 U.S. (10 Wheat.)

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The Slave Ship, an 1840 painting by J. M. W. Turner

The Antelope

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In The Antelope, 23 U.S. (10 Wheat.) 66 (1825), the Supreme Court considered, for the first time, the legitimacy of the Atlantic slave trade.

Citation style

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See also: United States district court
See also: United States circuit court
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 23 U.S. (10 Wheat.)

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See also: Marshall Court
Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Wayman v. Southard 1 (1825) Marshall none none C.C.D. Ky. certification
Second Bank of the United States v. Halstead 51 (1825) Thompson none none C.C.D. Ky. certification
The Antelope 66 (1825) Marshall none none C.C.D. Ga. multiple
The Plattsburgh 133 (1825) Story none none C.C.S.D.N.Y. affirmed
Thomas v. Gabrielle 146 (1825) Washington none none C.C.D. Ky. affirmed
Elmendorf v. Taylor 152 (1825) Marshall none none C.C.D. Ky. certification
Carneal v. Banks 181 (1825) Marshall none none C.C.D. Ky. reversed
McCormick v. Sullivant 192 (1825) Washington none none C.C.D. Ohio affirmed
Wright v. Page 204 (1825) Story none none C.C.D. N.J. affirmed
United States v. Morris 246 (1825) Thompson none none C.C.S.D.N.Y. affirmed
The Dos Hermanos 306 (1825) Marshall none none D. La. affirmed
The Josefa Segunda 312 (1825) Story none none C.C.D. La. multiple
Second Bank of the United States v. Bank of Georgia 333 (1825) Story none none C.C.D. Ga. reversed
Keplinger v. De Young 358 (1825) Washington none none C.C.D. Md. affirmed
De Wolf v. Johnson 367 (1825) Johnson none none C.C.D. Ky. reversed
Brent v. Davis 395 (1825) Marshall none none C.C.D.C. reversed
City of Washington v. Young 406 (1825) Marshall none none C.C.D.C. reversed
Janney v. Columbian Insurance Company 411 (1825) Johnson none none C.C.D.C. affirmed
Sixty Pipes of Brandy 421 (1825) Johnson none none C.C.D. Mass. reversed
The Steamboat Thomas Jefferson 428 (1825) Story none none C.C.D. Ky. affirmed
The Santa Maria 431 (1825) Story none none C.C.D. Md. multiple
Day v. Chism 449 (1825) Marshall none none C.C.D. Tenn. reversed
McDowell v. Peyton 454 (1825) Marshall none none C.C.D. Ky. affirmed
Darby's Lessee v. Mayer 465 (1825) Johnson none none C.C.D.W. Tenn. reversed
Manro v. Almeida 473 (1825) Johnson none none C.C.D. Md. reversed
The Gran Para 497 (1825) Story none none C.C.D. Md. affirmed
The Palmyra 502 (1825) Marshall none none C.C.D.S.C. dismissed

Notes and references

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  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

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