List of United States Supreme Court cases, volume 67

This is a list of cases reported in volume 67 (2 Black) of United States Reports, decided by the Supreme Court of the United States in 1862 and 1863.[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").

Jeremiah Sullivan Black

Starting with the 66th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Jeremiah S. Black. Black was Reporter of Decisions from 1861 to 1862, covering volumes 66 and 67 of United States Reports which correspond to volumes 1 and 2 of his Black's Reports. As such, the dual form of citation to, for example, Gilman v. City of Sheboygan is 67 U.S. (2 Black) 510 (1863).

Justices of the Supreme Court at the time of 67 U.S. (2 Black)

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 67 U.S. (2 Black) 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)
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)
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)
Nathan CliffordAssociate JusticeMaineBenjamin Robbins CurtisJanuary 12, 1858
(26–23)
January 21, 1858

July 25, 1881
(Died)
Noah Haynes SwayneAssociate JusticeOhioJohn McLeanJanuary 24, 1862
(38–1)
January 27, 1862

January 24, 1881
(Retired)
Samuel Freeman MillerAssociate JusticeIowaPeter Vivian DanielJuly 16, 1862
(Acclamation)
July 21, 1862

October 13, 1890
(Died)
David DavisAssociate JusticeIllinoisJohn Archibald CampbellDecember 8, 1862
(Acclamation)
December 10, 1862

March 4, 1877
(Resigned)

Notable Cases in 67 U.S. (2 Black)

Cartoon of Union blockade

Prize Cases

In the Prize Cases, 67 U.S. (2 Black) 635 (1863) the Supreme Court held, 5-4, that the blockade of the Southern ports ordered by President Abraham Lincoln during the American Civil War was constitutional. The blockade of the South resulted in the capture of dozens of American and foreign ships, both those attempting to run the highly efficient blockade and smuggle goods and munitions to the South, as well as those attempting to smuggle exports from the South.

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 67 U.S. (2 Black)

Case NamePage & yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower CourtDisposition
United States v. Castillero17 (1863)CliffordnoneCatron; WayneN.D. Cal.multiple
Calais S.B. Co. v. Scudder372 (1863)NelsonMillerMiller; CliffordC.C.D. Me.reversed
United States v. Galbraith394 (1863)NelsonnonenoneN.D. Cal.reversed
King v. Ackerman408 (1863)GriernonenoneC.C.S.D.N.Y.affirmed
City of Chicago v. Robbins418 (1863)DavisnonenoneC.C.N.D. Ill.reversed
Ward v. Chamberlain430 (1863)CliffordnoneGrierC.C.N.D. Ohiocertification
Wabash et al. Co. v. Beers448 (1863)MillernonenoneC.C.D. Ind.reversed
Chilton v. Braiden's Adm'x458 (1863)GriernonenoneC.C.D.C.affirmed
Curtis's Adm'x v. Fiedler461 (1863)CliffordnonenoneC.C.S.D.N.Y.reversed
Taylor v. Morton481 (1863)CliffordnonenoneC.C.D. Mass.affirmed
Mississippi & M.R.R. Co. v. Ward485 (1863)CatronnoneNelsonD. Iowadismissed
Noonan v. Lee499 (1863)SwaynenonenoneD. Wis.multiple
Gilman v. City of Sheboygan510 (1863)SwaynenonenoneD. Wis.reversed
Griffing v. Gibb519 (1863)WaynenonenoneN.D. Cal.reversed
Bronson v. La Crosse & M.R.R. Co.524 (1863)DavisnonenoneC.C.D. Wis.dismissal denied
Sumner v. Hicks532 (1863)SwaynenonenoneD. Wis.affirmed
Wright v. Bales535 (1863)WaynenonenoneC.C.S.D. Ohioreversed
Ogilvie v. Knox Ins. Co.539 (1863)GriernonenoneC.C.D. Ind.dismissed
Callan v. May541 (1863)TaneynonenoneC.C.D.C.dismissed
Wright v. Sill544 (1863)SwaynenonenoneC.C.N.D. Ohioaffirmed
Parker v. Winnipiseogee et al. Co.545 (1863)SwaynenonenoneC.C.D.N.H.affirmed
Lindsey v. Hawes554 (1863)MillernonenoneC.C.N.D. Ill.reversed
Dredge v. Forsyth563 (1862)CliffordnonenoneC.C.N.D. Ill.reversed
Kellogg v. Forsyth571 (1862)CliffordnonenoneC.C.N.D. Ill.reversed
Congdon & T.M. Co. v. Goodman574 (1862)TaneynonenoneTenn.dismissed
Russell v. Ely575 (1862)MillernonenoneD. Wis.affirmed
The Ship Potomac581 (1862)GriernonenoneC.C.S.D.N.Y.affirmed
Randall v. Howard585 (1863)DavisnonenoneC.C.D. Md.affirmed
City of Nebraska City v. Campbell590 (1863)NelsonnonenoneSup. Ct. Terr. Neb.affirmed
United States v. Chaboya593 (1863)MillernonenoneN.D. Cal.affirmed
Leffingwell v. Warren599 (1862)SwaynenonenoneD. Wis.reversed
Parrish's Lessee v. Ferris606 (1863)NelsonnonenoneC.C.S.D. Ohioaffirmed
United States v. Grimes610 (1863)GriernonenoneN.D. Cal.reversed
Rothwell v. Dewees613 (1863)MillernonenoneC.C.D.C.affirmed
People ex rel. Bank of Comm. v. City of New York620 (1863)NelsonnonenoneN.Y.reversed
Prize Cases635 (1863)GriernoneNelsonmultiplemultiple
Appleton v. Bacon699 (1863)NelsonnonenoneC.C.D.C.reversed
De Krafft v. Barney704 (1863)TaneynonenoneC.C.D.C.dismissed
Koehler v. Black River F.I. Co.715 (1863)DavisnonenoneD. Wis.affirmed
Mesa v. United States721 (1863)per curiamnonenonenot indicateddismissed
Moran v. Miami Cnty.722 (1863)WaynenonenoneC.C.D. Ind.reversed

Notes and references

See also

certificate of division