This is a list of cases reported in volume 22 (9 Wheat.) of United States Reports, decided by the Supreme Court of the United States in 1824.Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
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").
Henry Wheaton 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, The Margaret is 22 U.S. (9 Wheat.) 421 (1824).
Justices of the Supreme Court at the time of 22 U.S. (9 Wheat.]
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). 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 22 U.S. (9 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 (Acclamation) –July 6, 1835(Died) Bushrod Washington Associate Justice Virginia James Wilson (Acclamation) (Recess Appointment)–November 26, 1829(Died) William Johnson Associate Justice South Carolina Alfred Moore (Acclamation) –August 4, 1834(Died) Thomas Todd Associate Justice Kentucky new seat (Acclamation) –February 7, 1826(Died) Gabriel Duvall Associate Justice Maryland Samuel Chase (Acclamation) –January 12, 1835(Resigned) Joseph Story Associate Justice Massachusetts William Cushing (Acclamation) –September 10, 1845(Died) Smith Thompson Associate Justice New York Henry Brockholst Livingston (Acclamation) –December 18, 1843(Died)
Notable Cases in 22 U.S. (9 Wheat.) Gibbons v. Ogden Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1 (1824), is a landmark decision in which the Supreme Court held that the power to regulate interstate commerce granted to Congress by the Commerce Clause of the United States Constitution encompassed the power to regulate navigation.
United States v. Perez In United States v. Perez, 22 U.S. (9 Wheat) 579 (1824) the Supreme Court held that when a criminal trial results in a hung jury, the Double Jeopardy Clause of the Fifth Amendment does not bar a retrial.
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 "Ct. Cl." = United States Court of Claims 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 22 U.S. (9 Wheat.)
Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Gibbons v. Ogden 1 (1824) Marshall Johnson none N.Y. reversed Kirk v. Smith ex rel. Penn 241 (1824) Marshall none Johnson C.C.D. Pa. affirmed Taylor v. Mason 325 (1824) Marshall none none C.C.D. Md. affirmed M'Creery's Lessee v. Somerville 354 (1824) Story none none C.C.D. Md. affirmed The Apollon 362 (1824) Story none none C.C.D. Ga. multiple The Emily and the Caroline 381 (1824) Thompson none none C.C.D.S.C. affirmed The Merino 391 (1824) Washington none none C.C.D. Ala. multiple The St. Jago 409 (1824) Johnson none none C.C.D. Md. reversed The Margaret 421 (1824) Story none none C.C.D. Md. reversed Two Hundred Chests of Tea 430 (1824) Story none none C.C.D. Mass. reversed Mason v. Muncaster 445 (1824) Story none none C.C.D.C. affirmed Doddridge v. Thompson 469 (1824) Marshall none none C.C.D. Ohio reversed Riggs v. Tayloe 483 (1824) Todd none none C.C.D.C. reversed Hughes v. Edwards 489 (1824) Washington none none C.C.D. Ky. affirmed Stephens v. McCargo 502 (1824) Marshall none none C.C.D. Ky. affirmed Love v. Simms's Lessee 515 (1824) Johnson none none C.C.D.W. Tenn. reversed Stewart v. Ingle 526 (1824) Washington none none C.C.D.C. certiorari denied Peyton v. Robertson 527 (1824) Marshall none none C.C.D.C. dismissed Ex parte Burr 529 (1824) Marshall none none C.C.D.C. mandamus denied Smith v. McIver 532 (1824) Marshall none none C.C.D.W. Tenn. affirmed Mullen v. Torrance 537 (1824) Marshall none none D. Miss. reversed Walker v. Turner 541 (1824) Washington none none C.C.D. Tenn. reversed Catlett v. Brodie 553 (1824) Story none none C.C.D.C. conditionally dismissed Baits v. Peters 556 (1824) Marshall none none D. Ala. reversed Sebree v. Dorr 558 (1824) Story none none C.C.D. Ky. reversed Kerr v. Moon's Devisees 565 (1824) Washington none none C.C.D. Ohio reversed Meredith v. Picket 573 (1824) Marshall none none C.C.D. Ky. reversed Walden ex rel. Denn v. Craig 576 (1824) Marshall none none C.C.D. Ky. dismissed United States v. Perez 579 (1824) Story none none C.C.S.D.N.Y. certification Renner v. Bank of Columbia 581 (1824) Thompson none none C.C.D.C. affirmed McGruder v. Bank of Washington 598 (1824) Johnson none none C.C.D.C. affirmed Ex parte Wood 603 (1824) Story none none C.C.S.D.N.Y. mandamus issued The Monte Allegre 616 (1824) Thompson none none D. Md. affirmed McIver v. Wattles 650 (1824) Marshall none none C.C.D.C. dismissed Walton v. United States 651 (1824) Duvall none none D. Miss. affirmed The Fanny 658 (1824) Washington none none C.C.D. Md. reversed Danforth v. Wear 673 (1824) Johnson none none C.C.D.W. Tenn. reversed Miller v. Stewart 680 (1824) Story none Johnson C.C.D. N.J. certification United States v. Kirkpatrick 720 (1824) Story none none W.D. Pa. reversed Osborn v. Bank of United States 738 (1824) Marshall none Johnson C.C.D. Ohio multiple Second Bank of the United States v. Planters' Bank 904 (1824) Marshall none Johnson C.C.D. Ga. certification
Notes and references
See also certificate of division
External links Case reports in volume 22 (9 Wheat.) from Court Listener Case reports in volume 22 (9 Wheat.) from the Caselaw Access Project of Harvard Law School Case reports in volume 22 (9 Wheat.) from Google Scholar Case reports in volume 22 (9 Wheat.) from Justia Case reports in volume 22 (9 Wheat.) from Open Jurist Website of the United States Supreme Court United States Courts website about the Supreme Court National Archives, Records of the Supreme Court of the United States American Bar Association, How Does the Supreme Court Work? The Supreme Court Historical Society