List of United States Supreme Court cases, volume 60

This is a list of cases reported in volume 60 (19 How.) of United States Reports, decided by the Supreme Court of the United States in 1856 and 1857.[1]

Supreme Court of the United States
Map
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°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

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").

Benjamin Chew Howard

Starting with the 42nd volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Benjamin Chew Howard. Howard was Reporter of Decisions from 1843 to 1860, covering volumes 42 through 65 of United States Reports which correspond to volumes 1 through 24 of his Howard's Reports. As such, the dual form of citation to, for example, Lathrop v. Judson is 60 U.S. (19 How.) 66 (1857).

Justices of the Supreme Court at the time of 60 U.S. (19 How.)

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).[2] 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 60 U.S. (19 How.) were decided the Court comprised these nine members:

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
Roger B. TaneyChief JusticeMarylandJohn MarshallMarch 15, 1836
(29–15)
March 28, 1836

October 12, 1864
(Died)
John McLeanAssociate JusticeOhioRobert TrimbleMarch 7, 1829
(Acclamation)
January 11, 1830

April 4, 1861
(Died)
James Moore WayneAssociate JusticeGeorgiaWilliam JohnsonJanuary 9, 1835
(Acclamation)
January 14, 1835

July 5, 1867
(Died)
John CatronAssociate JusticeTennesseenewly-created seatMarch 8, 1837
(28–15)
May 1, 1837

May 30, 1865
(Died)
Peter Vivian DanielAssociate JusticeVirginiaPhilip P. BarbourMarch 2, 1841
(25–5)
January 10, 1842

May 31, 1860
(Died)
Samuel NelsonAssociate JusticeNew YorkSmith ThompsonFebruary 14, 1845
(Acclamation)
February 27, 1845

November 28, 1872
(Retired)
Robert Cooper GrierAssociate JusticePennsylvaniaHenry BaldwinAugust 4, 1846
(Acclamation)
August 10, 1846

January 31, 1870
(Retired)
Benjamin Robbins CurtisAssociate JusticeMassachusetts

Levi Woodbury

December 20, 1851
(Acclamation)
October 10, 1851

September 30, 1857
(Resigned)
John Archibald CampbellAssociate JusticeAlabamaJohn McKinleyMarch 22, 1853
(Acclamation)
April 11, 1853

April 30, 1861
(Resigned)

Notable Case in 60 U.S. (19 How.)

Dred and Harriet Scott (top) and their children, Eliza and Lizzie

Scott v. Sanford

Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), is the most notorious and condemned decision in the history of the U.S. Supreme Court. In it, the Court held that the US Constitution was not meant to include American citizenship for black people, regardless of whether they were enslaved or free, and so the rights and privileges that the Constitution confers upon American citizens could not apply to them. Although Chief Justice Roger Taney and several of the other justices hoped that the decision would permanently settle the slavery controversy, which was increasingly dividing the American public, the decision's effect was the opposite. Taney's majority opinion suited the slaveholding states, but was intensely decried in the other states. The decision inflamed the national debate over slavery and deepened the divide that led ultimately to the Civil War. In 1865, after the Union won the Civil War, the Dred Scott ruling was voided by the Thirteenth Amendment to the US Constitution, which abolished slavery except as punishment for a crime, and the Fourteenth Amendment, which guaranteed citizenship for "all persons born or naturalized in the United States, and subject to the jurisdiction thereof". The Supreme Court's decision has been continuously denounced ever since, both for its overt racism and its role in the near destruction of the United States four years later.[3][4] Bernard Schwartz said that it "stands first in any list of the worst Supreme Court decisions—Chief Justice Hughes called it the Court's greatest self-inflicted wound."[5] Junius P. Rodriguez wrote that it is "universally condemned as the U.S. Supreme Court's worst decision".[6] Historian David Thomas Konig agrees that it was "unquestionably, our court's worst decision ever."[7]

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.

List of cases in 60 U.S. (19 How.)

Case NamePage and yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower courtDisposition
Prevost v. Greneaux1 (1857)TaneynonenoneLa.affirmed
Morgan v. Curtenius8 (1857)TaneynonenoneC.C.D. Ill.continued
Ex parte Secombe9 (1857)TaneynonenoneSup. Ct. Terr. Minn.mandamus denied
Shaffer v. Scudday16 (1857)TaneynonenoneLa.dismissed
Thomas v. Osborn22 (1856)CurtisnoneTaneyC.C.D. Md.remand to dismiss
Ure v. Coffman56 (1857)WaynenonenoneC.C.E.D. La.affirmed
Stevens v. Gladding64 (1857)McLeannonenoneC.C.D.R.I.affirmed
Lathrop v. Judson66 (1857)McLeannonenoneC.C.E.D. La.affirmed
Moore v. Greene69 (1856)McLeannonenoneC.C.D.R.I.affirmed
Betts v. Lewis72 (1857)CurtisnonenoneN.D. Ala.remand for amendment
United States v. Le Baron73 (1856)CurtisnonenoneC.C.S.D. Ala.reversed
Willot v. Sandford79 (1856)CatronnonenoneC.C.D. Mo.reversed
Vandewater v. Mills82 (1857)GriernonenoneC.C.D. Cal.affirmed
The Brig Neurea92 (1856)GriernonenoneN.D. Cal.reversed
Seymour v. McCormick96 (1857)NelsonnonenoneC.C.N.D.N.Y.affirmed
The Steamer St. Charles108 (1857)NelsonnonenoneC.C.E.D. La.reversed
Coiron v. Millaudon113 (1857)NelsonnonenoneC.C.E.D. La.affirmed
Long v. O'Fallon116 (1856)CampbellnonenoneC.C.D. Mo.affirmed
Baker v. Nachtrieb126 (1856)CampbellnonenoneC.C.W.D. Pa.reversed
Meegan v. Boyle130 (1857)McLeannonenoneC.C.D. Mo.affirmed
Post v. Jones150 (1857)GriernonenoneC.C.S.D.N.Y.reversed
E.I. DuPont de Nemours Company v. Vance162 (1857)CurtisnoneCampbellC.C.E.D. La.reversed
The Steamer Virginia182 (1857)TaneynonenoneC.C.D. Md.dismissed
Brown v. Duchesne183 (1857)TaneynonenoneC.C.D. Mass.affirmed
Mordecai v. Lindsay199 (1857)WaynenonenoneC.C.D.S.C.reversed
Cousin v. Labatut202 (1857)CatronnonenoneLa.reversed
Hartshorn v. Day211 (1857)NelsonnonenoneC.C.D.R.I.reversed
Slater v. Emerson224 (1857)McLeannonenoneC.C.D. Mass.reversed
Schuchardt v. Babbidge239 (1857)NelsonnonenoneC.C.S.D.N.Y.affirmed
New York and Virginia Steamship Company v. Calderwood241 (1857)CampbellnonenoneC.C.S.D.N.Y.affirmed
Williams v. Hill McLane and Company246 (1857)CampbellnonenoneM.D. Ala.affirmed
Bell v. Hearne252 (1857)CampbellnonenoneLa.reversed
Richardson v. City of Boston263 (1857)GriernonenoneC.C.D.R.I.reversed
Hipp v. Babin271 (1857)CampbellnonenoneC.C.E.D. La.affirmed
Wolfe v. Lewis280 (1857)McLeannonenoneN.D. Ala.reversed
Beebe v. Russell283 (1857)WaynenonenoneC.C.D. Ark.dismissed
Farrelly v. Woodfolk288 (1857)WaynenonenoneC.C.E.D. Ark.dismissed
Babcock v. Wyman289 (1857)McLeannoneCatron, CampbellC.C.D. Mass.affirmed
Byers v. Surget303 (1857)DanielnonenoneC.C.E.D. Ark.affirmed
Garrison v. Memphis Insurance Company312 (1857)CampbellnonenoneC.C.D. Mo.affirmed
Commercial Mutual Marine Insurance Company v. Union Mutual Insurance Company of New York318 (1857)CurtisnonenoneC.C.D. Mass.affirmed
Field v. Seabury I323 (1857)WaynenonenoneC.C.D. Cal.reversed
Field v. Seabury II333 (1857)WaynenonenoneC.C.D. Cal.reversed
Bryan v. Forsyth334 (1857)CatronnoneMcLeanC.C.N.D. Ill.reversed
Ballance v. Papin342 (1857)CatronnonenoneC.C.N.D. Ill.reversed
United States v. Peralta343 (1857)GriernonenoneS.D. Cal.affirmed
McCullough v. Roots349 (1857)CampbellnonenoneC.C.D. Md.affirmed
Walton v. Cotton355 (1857)McLeannoneCurtisTenn.reversed
Pratt v. Reed359 (1857)NelsonnonenoneC.C.N.D.N.Y.reversed
The Steam Boat Sultana362 (1857)NelsonnonenoneC.C.N.D.N.Y.affirmed
United States v. Sutherland363 (1857)GriernonenoneS.D. Cal.affirmed
Fellows v. Blacksmith366 (1857)NelsonnonenoneN.Y. Sup. Ct.affirmed
Roberts v. Cooper373 (1857)WaynenonenoneC.C.D. Mich.bond increase denied
McRea v. Bank of Alabama376 (1857)CurtisnonenoneC.C.E.D. Ark.affirmed
Michigan Central Railroad Company v. Lake Shore and Michigan Southern Railway Company378 (1857)GriernonenoneMich.dismissed
Ballard v. Thomas382 (1857)NelsonnonenoneC.C.D. Md.affirmed
Platt v. Jerome384 (1856)NelsonnonenoneC.C.S.D.N.Y.appeal denied
United States v. City Bank of Columbus385 (1857)DanielnonenoneC.C.S.D. Ohiocertification
Burke v. Gaines388 (1857)TaneynonenoneArk.dismissed
Bulkley v. Honold390 (1857)CurtisnonenoneC.C.E.D. La.affirmed
Scott v. Sandford393 (1857)TaneyWayne, Catron, Daniel, Grier, CampbellCurtis, McLeanC.C.D. Mo.reversed

Notes and references

See also

certificate of division