List of United States Supreme Court cases, volume 83

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Supreme Court of the United States
Seal of the United States Supreme Court.svg
EstablishedMarch 4, 1789; 232 years ago (1789-03-04)[1]
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444Coordinates: 38°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
Judge term lengthLife tenure
Number of positions9 (by statute)
Websitesupremecourt.gov
Chief Justice of the United States
CurrentlyJohn Roberts
SinceSeptember 29, 2005; 15 years ago (2005-09-29)

This is a list of the 60 cases reported in volume 83 (16 Wall.) of United States Reports, decided by the Supreme Court of the United States from January 1873 to May 1873, along with two cases from 1872.[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").

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, Beall v. New Mexico is 83 U.S. (16 Wall.) 535 (1873).

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 83 U.S. (16 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).[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 1873 cases in 83 U.S. (16 Wall.) were decided the Court comprised the following nine members:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
(Vote)
Tenure on Supreme Court
Mathew Brady, Portrait of Secretary of the Treasury Salmon P. Chase, officer of the United States government (1860–1865).jpg Salmon P. Chase Chief Justice Ohio Roger B. Taney December 6, 1864
(Acclamation)
December 15, 1864

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

July 25, 1881
(Died)
Noah Haynes Swayne, photo, head and shoulders, seated.jpg Noah Haynes Swayne Associate Justice Ohio John McLean January 24, 1862
(38–1)
January 27, 1862

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

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

March 4, 1877
(Resigned)
Stephen Johnson Field, photo half length seated, 1875.jpg Stephen Johnson Field Associate Justice California newly-created seat March 10, 1863
(Acclamation)
May 10, 1863

December 1, 1897
(Retired)
William Strong judge - Brady-Handy.jpg William Strong Associate Justice Pennsylvania Robert Cooper Grier February 18, 1870
(No vote recorded)
March 14, 1870

December 14, 1880
(Retired)
Joseph Philo Bradley - Brady-Handy.jpg Joseph P. Bradley Associate Justice New Jersey newly-created seat March 21, 1870
(46–9)
March 23, 1870

January 22, 1892
(Died)
Ward Hunt - Brady-Handy.jpg Ward Hunt Associate Justice New York Samuel Nelson December 11, 1872
(Acclamation)
January 9, 1873

January 27, 1882
(Retired)

Notable Case in 83 U.S. (16 Wall.)[]

Former Justice John Archibald Campbell represented the butchers, unsuccessfully urging an expansive interpretation of the 14th Amendment.

Slaughter-House Cases[]

In the Slaughter-House Cases, 83 U.S. (16 Wall.) 36 (1873), the Supreme Court held that the Privileges or Immunities Clause of the Fourteenth Amendment to the U.S. Constitution only protects the legal rights that are associated with federal U.S. citizenship, not those that pertain to state citizenship. The Slaughter-House Cases essentially "gutted" the Privileges or Immunities Clause.[4] In 1953, the American scholar Edward Samuel Corwin remarked: "Unique among constitutional provisions, the privileges and immunities clause of the Fourteenth Amendment enjoys the distinction of having been rendered a practical nullity by a single decision of the Supreme Court rendered within five years after its ratification."[5]

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.

  • "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
  • "C.P." = 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 83 U.S. (16 Wall.)[]

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition of case
Dair v. United States 1 (1873) Davis none none C.C.D. Ind. affirmed
Lynde v. Winnebago County 6 (1873) Swayne none Field C.C.D. Iowa reversed
Voorhees v. Bonesteel 16 (1873) Clifford none none C.C.S.D.N.Y. affirmed
The Commerce 33 (1873) Strong none none C.C.D. Md. affirmed
Slaughter-House Cases 36 (1873) Miller none Field, Bradley, Swayne La. affirmed
Bradwell v. State 130 (1873) Miller Bradley none Ill. affirmed
Mahan v. United States 143 (1873) Miller none none Ct. Cl. affirmed
Carlisle v. United States 147 (1873) Field none none Ct. Cl. reversed
Collector v. Doswell & Co. 156 (1873) Miller none none C.C.D. La. affirmed
James v. City of Milwaukee 159 (1872) Swayne none none C.C.E.D. Wis. reversed
Garnharts v. United States 162 (1873) Clifford none none M.D. Ala. reversed
Hanrick v. Barton 166 (1873) Bradley none none C.C.W.D. Tex. reversed
The Cayuga 177 (1873) Clifford none none C.C.S.D.N.Y. affirmed
Smith v. Adsit 185 (1873) Strong none none Ill. dismissed for want of jurisdiction
First National Bank v. Turnbull & Co. 190 (1873) Swayne none none C.C.D. Va. reversed
Koontz v. Northern Bank 196 (1873) Field none none C.C.S.D. Miss. affirmed
Davis v. Gray 203 (1873) Swayne none Davis C.C.W.D. Tex. affirmed
Pierce v. Carskadon 234 (1873) Field none Bradley W. Va. reversed
Peabody v. Stark 240 (1873) Miller none none C.C.M.D. Tenn. affirmed
Humphrey v. Pegues 244 (1873) Hunt none none C.C.D.S.C. affirmed
Dickinson v. Planters' Bank 250 (1873) Strong none none C.C.D. Tenn. affirmed
Knickerbocker Insurance Co. v. Comstock 258 (1873) Clifford none none C.C.N.D. Ill. dismissed for want of jurisdiction
Carpenter v. Longan 271 (1873) Swayne none none Sup. Ct. Terr. Colo. reversed
Buchanan v. Smith 277 (1873) Clifford none Bradley C.C.N.D.N.Y. affirmed
Slawson v. United States 310 (1873) Davis none none Ct. Cl. affirmed
Walker v. Whitehead 314 (1873) Swayne none none Ga. reversed
Michigan Central R.R. Co. v. Mineral Springs Manufacturing Co. 318 (1873) Davis none none C.C.D. Conn. affirmed
Cofield v. McClelland 331 (1873) Hunt none none Sup. Ct. Terr. Colo. affirmed
Ripley v. Insurance Co. 336 (1873) Chase none none C.C.W.D. Mich. affirmed
Merrill v. Petty 338 (1873) Clifford none none C.C.S.D.N.Y. dismissed for want of jurisdiction
The Mary Eveline 348 (1873) Hunt none none C.C.S.D.N.Y. reversed
Marqueze v. Bloom 351 (1873) Chase none none La. dismissed for want of jurisdiction
McNitt v. Turner 352 (1873) Swayne none none C.C.S.D. Ill. affirmed
Taylor v. Taintor 366 (1873) Swayne none Field Conn. affirmed
New Orleans Insurance Co. v. Piaggio 378 (1873) Clifford none none C.C.D. La. reversed
Burke v. Smith 390 (1873) Strong none none C.C.D. Ind. affirmed
Huntington v. Texas 402 (1873) Chase none none Sup. Ct. D.C. reversed
United States v. Huckabee 414 (1873) Clifford none none C.C.M.D. Ala. reversed
Walker v. Henshaw 436 (1873) Davis none none Kan. affirmed
Ribon v. Chicago, Rock Island & Pacific R.R. Co. 446 (1873) Swayne none none C.C.D. Iowa affirmed
Kenicott v. Wayne County 452 (1873) Hunt none none C.C.S.D. Ill. reversed
Morgan v. Parham 471 (1873) Hunt none none C.C.S.D. Ala. reversed
Osborne v. City of Mobile 479 (1873) Chase none none Ala. affirmed
Planters' Bank v. Union Bank 483 (1873) Strong none Bradley C.C.D. La. affirmed
Tweed's Case 504 (1873) Clifford none Bradley C.C.D. La. affirmed (both cases)
American Steamboat Co. v. Chase 522 (1873) Clifford none none R.I. affirmed
Beall v. New Mexico 535 (1873) Bradley none none Sup. Ct. Terr. N.M. reversed
Mitchell v. Hawley 544 (1873) Clifford none none C.C.D. Mass. affirmed
Marshall v. Knox 551 (1873) Bradley none none C.C.D. La. reversed
Smith v. McCool 560 (1873) Swayne none none C.C.N.D. Ill. affirmed
Specht v. Howard 564 (1873) Swayne none none C.C.W.D. Tenn. affirmed
St. Paul Water Co. v. Ware 566 (1873) Clifford none none C.C.D. Minn. affirmed
Walbrun v. Babbitt 577 (1873) Davis none none C.C.D. Mo. affirmed
Wager v. Hall 584 (1873) Clifford none none C.C.W.D. Wis. affirmed
Kansas Pacific Ry. Co. v. Prescott 603 (1873) Miller none none Kan. reversed
Crapo v. Kelly 610 (1873) Hunt Clifford Bradley Sup. Ct. N.Y. reversed
St Joseph Township v. Rogers 644 (1873) Clifford none none C.C.S.D. Ill. affirmed
Council Bluffs & St. Joseph R.R. Co. v. Otoe County 667 (1873) Strong none none C.C.D. Neb. remanded to divided lower court
Olcott v. Fond du Lac County 678 (1873) Strong none none C.C.E.D. Wis. reversed
Ex parte United States 699 (1872) per curiam none none Ct. Cl. mandamus granted

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. ^ Tribe, Laurence H. (1995). "Taking Text and Structure Seriously: Reflections on Free-Form Method in Constitutional Interpretation". Harvard Law Review. 108 (6): 1221–1303. doi:10.2307/1341856. ISSN 0017-811X. JSTOR 1341856.
  5. ^ Edward S. Corwin, ed., (1953) The Constitution of the United States of America, Legislative Reference Service, Library of Congress, p. 965, cited in Chemerinsky (2019), § 6.3.2, pp. 542–43

External links[]

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