List of United States Supreme Court cases, volume 9

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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, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov
Chief Justice of the United States
CurrentlyJohn Roberts
SinceSeptember 29, 2005; 16 years ago (2005-09-29)

This is a list of the 46 cases reported in volume 9 (5 Cranch) of United States Reports, decided by the Supreme Court of the United States from February 1809 to March 1809.[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, Cooke v. Woodrow is 9 U.S. (5 Cranch) 13 (1809).

Justices of the Supreme Court at the time of 9 U.S. (5 Cranch)[]

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 9 U.S. (5 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 9 U.S. (5 Cranch)[]

First Bank of the United States building, Philadelphia

Bank of the United States v. Deveaux[]

Bank of the United States v. Deveaux, 9 U.S. (5 Cranch) 61 (1809) is an early US corporate law case, in which the Court held that corporations have the capacity to sue in federal court.

Hodgson v. Bowerbank[]

In Hodgson v. Bowerbank, 9 U.S. (5 Cranch) 303 (1809), the Court held part of the Judiciary Act of 1789 unconstitutional. The invalidated portion had purported to confer on federal courts the jurisdiction to try cases between aliens.[4]

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
  • "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 9 U.S. (5 Cranch)[]

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition of case
Alexander v. City of Alexandria 1 (1809) Marshall none none C.C.D.C. reversed
United States v. Weeks 1 (1809) per curiam none none D. Me. dismissed
Henderson v. Moore 11 (1809) Marshall none none C.C.D.C. affirmed
Cooke v. Woodrow 13 (1809) Marshall none none C.C.D.C. affirmed
Mandeville v. Wilson 15 (1809) Marshall none none C.C.D.C. affirmed
Fairfax's Ex'r v. Fairfax 19 (1809) Marshall none none C.C.D.C. reversed
M‘Keen v. Delancy's Lessee 22 (1809) Marshall none none C.C.D. Pa. affirmed
Tucker v. Oxley 34 (1809) Marshall none none C.C.D.C. reversed
Young v. Bank of Alexandria 45 (1809) Marshall none none C.C.D.C. affirmed
Yeaton v. Bank of Alexandria 49 (1809) Marshall none Johnson C.C.D.C. affirmed
Hope Ins. Co. v. Boardman 57 (1809) per curiam none none C.C.D.R.I. reversed
Bank of the U.S. v. Deveaux 61 (1809) Marshall none none C.C.D. Ga. reversed
Matthews v. Zane's Lessee 92 (1809) Marshall none none Ohio affirmed
Hodgson v. Marine Ins. Co. 100 (1809) Cushing Johnson none C.C.D.C. reversed
United States v. Peters 115 (1809) Marshall none none D. Pa. mandamus issued
Violett v. Patton 142 (1809) Marshall none none C.C.D.C. affirmed
Pierce v. Turner 154 (1809) Washington none Johnson C.C.D.C. affirmed
Kempe's Lessee v. Kennedy 173 (1809) Marshall none none C.C.D.N.J. affirmed
Marine Ins. Co. v. Young 187 (1809) Cushing none none C.C.D.C. affirmed
Bodley v. Taylor 191 (1809) Marshall none none D. Ky. affirmed
Taylor v. Brown 234 (1809) Marshall none none D. Ky. reversed
United States v. Arthur 257 (1809) Marshall none none D. Ky. reversed
Hepburn v. Auld 262 (1809) Marshall Johnson Livingston C.C.D.C. reversed
United States v. Evans 280 (1809) Marshall none none D. Ky. affirmed
Yeaton v. United States 281 (1809) Marshall none none C.C.D. Md. reversed
United States v. Potts 284 (1809) Marshall none none C.C.D. Md. remanded to divided lower court
Rush v. Parker 287 (1809) per curiam none Livingston C.C.D. Md. dismissed for want of jurisdiction
Logan v. Patrick 288 (1809) per curiam none none C.C.D. Ky. remanded to divided lower court
Rodford v. Craig 289 (1809) per curiam none none C.C.D.S.C. remanded to divided lower court
Harrison v. Sterry 289 (1809) Marshall none none C.C.D.S.C. remanded to divided lower court
Hodgson v. Bowerbank 303 (1809) Marshall none none not indicated not indicated
Browne v. Strode 303 (1809) per curiam none none not indicated not indicated
Keene v. United States 304 (1809) Livingston none none C.C.D.C. affirmed
United States v. Riddle 311 (1809) Marshall none none C.C.D.C. affirmed
Himely v. Rose 313 (1809) Marshall none Johnson C.C.D.S.C. reversed
Welsh v. Mandeville 321 (1809) per curiam none none not indicated dismissed
Riddle & Co. v. Mandeville 322 (1809) Marshall none none C.C.D.C. reversed
Dulany v. Hodgkin 333 (1809) per curiam none none C.C.D.C. affirmed
Yeaton v. Fry 335 (1809) Marshall none none C.C.D.C. affirmed
Owings v. Norwood's Lessee 344 (1809) Marshall none none Md. dismissed
Moss v. Riddle & Co. 351 (1809) Marshall none none C.C.D.C. affirmed
Brent v. Chapman 358 (1809) Marshall none none C.C.D.C. affirmed
Auld v. Norwood 361 (1809) per curiam none none C.C.D.C. affirmed
Slacum v. Simms 363 (1809) Marshall none none C.C.D.C. reversed
United States v. Vowell 368 (1809) Marshall none none C.C.D.C. affirmed
The Sloop Sally 372 (1809) per curiam none none D. Me. dismissed

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. ^ Varat, J.D. Constitutional Law Cases and Materials, Concise Thirteenth Edition. Foundation Press, New York, NY: 2009, p. 33

See also[]

  • certificate of division

External links[]

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