List of United States Supreme Court cases, volume 68

This is a list of cases reported in volume 68 (1 Wall.) of United States Reports, decided by the Supreme Court of the United States in 1863 and 1864.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").

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, Gregg v. Von Phul is 68 U.S. (1 Wall.) 274 (1864).

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 68 U.S. (1 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). 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 68 U.S. (1 Wall.) were decided the Court comprised these ten members (this was due to the Tenth Circuit Act of 1863, expanding the Court's membership from nine to ten justices, to date the largest number of active justices in its history):

Portrait Justice Office Home State Succeeded Date confirmed by the Senate(Vote) Tenure on Supreme Court Roger B. Taney Chief Justice Maryland John Marshall (29–15) –October 12, 1864(Died) James Moore Wayne Associate Justice Georgia William Johnson (Acclamation) –July 5, 1867(Died) John Catron Associate Justice Tennessee newly created seat (28–15) –May 30, 1865(Died) Samuel Nelson Associate Justice New York Smith Thompson (Acclamation) –November 28, 1872(Retired) Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin (Acclamation) –January 31, 1870(Retired) Nathan Clifford Associate Justice Maine Benjamin Robbins Curtis (26–23) –July 25, 1881(Died) Noah Haynes Swayne Associate Justice Ohio John McLean (38–1) –January 24, 1881(Retired) Samuel Freeman Miller Associate Justice Iowa Peter Vivian Daniel (Acclamation) –October 13, 1890(Died) David Davis Associate Justice Illinois John Archibald Campbell (Acclamation) –March 4, 1877(Resigned) Stephen Johnson Field Associate Justice California newly created seat (Acclamation) –December 1, 1897(Retired)

Notable Case in 68 U.S. (1 Wall.)

Ex parte Vallandigham Ex parte Vallandigham, 68 U.S. (1 Wall.) 243 (1864) is a case involving a former congressman, Clement Vallandigham of Ohio, who had violated an Army order against the public expression of sympathy for the Confederate States and their cause. Vallandigham was tried before a military tribunal for treason after he delivered an incendiary speech at Mount Vernon; he appealed the military verdict to the Supreme Court, arguing that he as a civilian could not be tried before a military tribunal. On appeal, the Supreme Court issued a unanimous ruling refusing to address Vallandigham's main argument that the military tribunal lacked jurisdiction to try him. Instead, they held that the Court was only authorized to take appeals as regulated by Congress – and Congress had never authorized them to take an appeal from a military tribunal, denying Vallandigham's appeal for lack of jurisdiction. Ex parte Vallandigham was cited by the Supreme Court in several important 20th Century cases, for example, Ex parte Quirin, and Youngstown Sheet & Tube Co. v. Sawyer.

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 68 U.S. (1 Wall.)

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Cross v. De Valle 5 (1864) Grier none none C.C.D.R.I. affirmed Wright v. Ellison 16 (1864) Swayne none none C.C.D.C. affirmed Pomeroy's Lessee v. State Bank I 23 (1863) Wayne none none C.C.D. Ind. dismissal denied Clearwater v. Meredith 25 (1864) Davis none none C.C.D. Ind. affirmed The Commander-in-Chief 43 (1864) Clifford none none C.C.S.D.N.Y. affirmed Hutchins v. King 53 (1864) Field none none C.C.D.N.H. affirmed Dermott v. Wallach 61 (1864) Nelson none none C.C.D.C. reversed Ryan v. Bindley 66 (1864) Davis none none C.C.S.D. Ohio reversed Ex parte Dubuque & P.R.R. 69 (1864) Catron none none D. Iowa mandamus granted Orchard v. Hughes 73 (1864) Nelson none none Sup. Ct. Terr. Neb. multiple Eames v. Godfrey 78 (1864) Davis none none C.C.D. Mass. reversed Gaylords v. Kelshaw 81 (1864) Miller none none C.C.D. Ind. remanded Mercer Cnty. v. Hacket 83 (1864) Grier none none C.C.W.D. Pa. affirmed Bayne v. Morris 97 (1863) Davis none none C.C.D. Md. reversed Burr v. Des Moines et al. Co. 99 (1864) Miller none none C.C.D. Iowa dismissed United States v. Sepulveda 104 (1864) Field none none D. Cal. reversed Minnesota v. Bachelder 109 (1864) Nelson none none Minn. reversed Bridge P. v. Hoboken Co. 116 (1864) Miller none none N.J. affirmed Jones v. Morehead 155 (1864) Miller none none C.C.W.D. Pa. reversed Sweeny v. Easter 166 (1864) Miller none none C.C.D.C. affirmed Gelpcke v. City of Dubuque I 175 (1864) Swayne none Miller D. Iowa reversed Gelpcke v. City of Dubuque II 220 (1864) Swayne none Miller D. Iowa reversed Gelpcke v. City of Dubuque III 221 (1864) Swayne none Miller D. Iowa reversed Baldwin v. Hale 223 (1864) Clifford none none C.C.D. Mass. affirmed Baldwin v. Bank of Newbury 234 (1864) Clifford none none C.C.D. Mass. affirmed Ex parte Vallandigham 243 (1864) Wayne none none military commission certiorari denied Dunham v. Cincinnati et al. Ry. Co. 254 (1864) Clifford none none C.C.D. Ind. reversed Sturgis v. Clough 269 (1864) Grier none none C.C.S.D.N.Y. affirmed Seybert v. City of Pittsburgh 272 (1864) Grier none none C.C.W.D. Pa. reversed Gregg v. Von Phul 274 (1864) Davis none none C.C.N.D. Ill. affirmed Malarin v. United States 282 (1864) Field none none S.D. Cal. reversed Van Hostrup v. City of Madison 291 (1864) Nelson none none C.C.D. Ind. reversed Miller v. Tiffany 298 (1864) Swayne none none C.C.D. Ind. affirmed United States v. d'Aguirre 311 (1864) Field none none S.D. Cal. affirmed Godfrey v. Eames 317 (1864) Swayne none none C.C.D. Mass. reversed United States v. Johnson 326 (1864) Grier none none S.D. Cal. affirmed Jones v. Green 330 (1864) Field none none Sup. Ct. Terr. Neb. reversed Baker v. Gee 333 (1864) Davis none none C.C.D. Mo. affirmed Lee v. Watson 337 (1864) Field none none C.C.D. Ky. dismissed Bloomer v. Millinger 340 (1864) Clifford none none C.C.W.D. Pa. affirmed United States v. Auguisola 352 (1864) Field none none S.D. Cal. affirmed Schuchardt v. Allens 359 (1864) Swayne none none C.C.S.D.N.Y. affirmed Hardy v. Johnson 371 (1863) Field none none C.C.N.D. Cal. affirmed Iasigi & G. v. Collector 375 (1864) Nelson none none C.C.D. Mass. affirmed Meyer v. City of Muscatine 384 (1864) Swayne none Miller D. Iowa reversed Woods v. Freeman 398 (1864) Davis none none C.C.N.D. Ill. affirmed United States v. Moreno 400 (1864) Swayne none none S.D. Cal. affirmed Bronson v. La Crosse & M.R.R. Co. 405 (1864) Nelson none Catron D. Wis. reversed United States v. Yorba 412 (1864) Field none none S.D. Cal. affirmed Niswanger v. Saunders 424 (1864) Catron none none Ohio reversed United States v. Halleck 439 (1864) Field none none N.D. Cal. affirmed Orient M. Ins. Co. v. Wright 456 (1864) Miller Nelson Swayne not indicated affirmed Homer v. Collector 486 (1864) Nelson none none C.C.D. Mass. certification Turrill v. Michigan S.R.R. Co. 491 (1864) Clifford none none C.C.D. Mich. reversed Roosevelt v. Meyer 512 (1863) Wayne none none N.Y. dismissed Wheeler v. Sage 518 (1864) Davis none none D. Wis. affirmed Burr v. Duryee I 531 (1864) Grier none none C.C.D.N.J. affirmed Burr v. Duryee II 578 (1864) per curiam none none C.C.D.N.J. affirmed Burr v. Duryee III 579 (1864) per curiam none none C.C.D.N.J. affirmed Rodrigues v. United States 582 (1864) Miller none none N.D. Cal. affirmed Pomeroy's Lessee v. State Bank II 592 (1864) Clifford none none C.C.D. Ind. affirmed Spain v. Hamilton's Adm'r 604 (1864) Wayne none none C.C.D.C. affirmed Gray v. Brignardello 627 (1864) Davis none none C.C.N.D. Cal. multiple Beaver v. Taylor 637 (1864) Swayne none none C.C.S.D. Ill. reversed Rogers v. Marshal 644 (1864) Davis none none C.C.D. Wis. affirmed Blossom v. Milwaukee & C.R.R. Co. 655 (1864) Miller none none D. Wis. dismissal denied United States v. Vallejo 658 (1864) Miller none none S.D. Cal. affirmed White v. United States 660 (1864) Swayne none none N.D. Cal. affirmed The Resolute 682 (1864) Clifford none none not indicated regs interpreted Parker v. Phetteplace 684 (1864) Nelson none none C.C.D.R.I. affirmed United States v. Gomez 690 (1864) Clifford none none S.D. Cal. dismissal denied Houghton v. Jones 702 (1863) Field none none N.D. Cal. affirmed United States v. Morillo 706 (1864) Miller none none S.D. Cal. dismissed United States v. Estudillo 710 (1864) Field none none N.D. Cal. dismissed Romero v. United States 721 (1864) Clifford none none N.D. Cal. affirmed United States v. Workman 745 (1864) Clifford none none S.D. Cal. reversed United States v. Jones 766 (1864) Clifford none none S.D. Cal. reversed

Notes and references

List of United States Supreme Court cases, volume 68

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