List of United States Supreme Court cases, volume 8

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Supreme Court of the United States
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EstablishedMarch 4, 1789; 232 years ago (1789-03-04)[1]
LocationWashington, D.C.
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Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
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Chief Justice of the United States
CurrentlyJohn Roberts
SinceSeptember 29, 2005; 16 years ago (2005-09-29)
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This is a List of United States Supreme Court cases, volume 8 (4 Cranch) of United States Reports, decided by the Supreme Court of the United States from February 1807 to March 1808.[2]

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)[]

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
See also: Marshall Court

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).[3] 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 by Henry Inman, 1832.jpg John Marshall Chief Justice Virginia Oliver Ellsworth January 27, 1801
(Acclamation) 		February 4, 1801
–
July 6, 1835
(Died)
WilliamCushing.jpg William Cushing
 Associate Justice Massachusetts original seat established September 26, 1789
(Acclamation) 		February 2, 1790
–
September 13, 1810
(Died)
Samuel Chase.jpg Samuel Chase
 Associate Justice Maryland John Blair, Jr. January 27, 1796
(Acclamation) 		February 4, 1796
–
June 19, 1811
(Died)
BushrodWashington.jpg Bushrod Washington
 Associate Justice Virginia James Wilson December 20, 1798
(Acclamation) 		November 9, 1798
(Recess Appointment)
–
November 26, 1829
(Died)
WilliamJohnson.jpg William Johnson
 Associate Justice South Carolina Alfred Moore March 24, 1804
(Acclamation) 		May 7, 1804
–
August 4, 1834
(Died)
Henry Brockholst Livingston.jpg Henry Brockholst Livingston
 Associate Justice New York William Paterson December 17, 1806
(Acclamation) 		January 20, 1807
–
March 18, 1823
(Died)
Thomas Todd SCOTUS.jpg 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[]

See also: Treason

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.[4] 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."[4]

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.

  • "C.C.D." = United States Circuit Court for the District of . . .
    • e.g.,"C.C.D.N.J." = United States Circuit Court for the District of New Jersey
  • "D." = United States District Court for the District of . . .
    • e.g.,"D. Mass." = United States District Court for the District of Massachusetts
  • "E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western
    • e.g.,"C.C.S.D.N.Y." = United States Circuit Court for the Southern District of New York
    • e.g.,"M.D. Ala." = United States District Court for the Middle District of Alabama
  • "Adm." = Admiralty Court (a federal court)
  • "Ct. Cl." = United States Court of Claims
  • "Ct. Com. Pl." = Court of Common Pleas (a state court)
  • The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time.
    • e.g.,"Pa." = Supreme Court of Pennsylvania
    • e.g.,"Me." = Supreme Judicial Court of Maine

List of cases in 8 U.S. (4 Cranch)[]

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition of case
United States v. Kid 1 (1807) per curiam none none C.C.D. Pa. remanded to divided lower court
Jennings v. Carson 2 (1807) Marshall none none C.C.D. Pa. affirmed
Rhinelander v. Insurance Co. 29 (1807) Marshall none none C.C.D. Pa. remanded to divided lower court
Montalet v. Murray 46 (1807) Marshall none none C.C.D. Ga. reversed for want of jurisdiction
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 Ex'rs v. May's Ex'rs 137 (1807) per curiam none none D. Ky. reversed
French's Ex'x 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. remanded to divided lower court
Hicks v. Rogers 165 (1807) per curiam none none C.C.D. Vt. remanded to divided lower court
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 Ins. Co. 185 (1808) Marshall none none C.C.D.R.I. reversed
Marshall v. Delaware Ins. Co. 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. affirmed (part); reversed (part)
United States v. Vowell 316 (1808) per curiam none none D. Ky. dismissed for want of jurisdiction
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 for want of jurisdiction
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. remanded to divided lower court
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 Ins. Co. 370 (1808) Marshall none none C.C.D. Md. affirmed
Morgan v. Callender 370 (1808) per curiam none none C.C.D. Orleans dismissed for want of jurisdiction
Matthews v. Zane 382 (1808) Marshall none none Ohio jurisdiction of Supreme Court 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 Ex'rs 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. remanded to divided lower court
The Schooner Betsey 443 (1808) Marshall none none C.C.D.C. reversed

Notes and references[]

  1. ^ Lawson, Gary; Seidman, Guy (2001). "When Did the Constitution Become Law?". Notre Dame Law Review. 77: 1–37.
  2. ^ Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
  3. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
  4. ^ 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[]

  • certificate of division

External links[]

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