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factoids

| image = Seal of the United States Supreme Court.svg| imagesize = 180Washington, D.C.38267716type:landmark_region:US-DC|display=inline,title}}advice and consent>confirmation| authority = Constitution of the United States, Art. III, §{{nbsp}}1Federal impeachment in the United States>impeachment and removal| positions = 9 (by statute)supremecourt.gov}}}}{{SCOTUS series}}{{United States constitutional law}}This is a list of cases reported in volume 74 (7 Wall.) of United States Reports, decided by the Supreme Court of the United States in 1869.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, Lincoln v. Clafin is 74 U.S. (7 Wall.) 132 (1869).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 74 U.S. (7 Wall.)

{{see also|List of justices of the Supreme Court of the United States}}{{see also|List of United States Supreme Court justices by time in office}}{{see also|List of justices of the Supreme Court of the United States by court composition}}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).WEB,guides.ll.georgetown.edu/supreme_court, Supreme Court Research Guide, 7 April 2021, Georgetown Law Library, 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).To prevent President Andrew Johnson from appointing any justices, a hostile Congress passed the Judicial Circuits Act of 1866, eliminating three of the 10 seats from the Supreme Court as they became vacant, and so potentially reducing the size of the court to seven justices. The vacancy caused by the death of Justice John Catron in 1865 had not been filled, so after Justice James Moore Wayne died in July 1867 there were eight justices left on the court when the cases in 74 U.S. (7 Wall.) were decided:{| class=“wikitable sortable”! Portrait !! Justice !! Office !! Home State !! Succeeded !! Date confirmed by the Senate(Vote) !! Tenure on Supreme Court75px)| Salmon P. ChaseChief Justice of the Supreme Court of the United States>Chief Justice| Ohio| Roger B. TaneyDecember 6, 1864}}(Acclamation)December 15, 1864}}–May 7, 1873(Died)75px) Samuel Nelson Associate Justice of the Supreme Court of the United States >New York (state)>New York Smith ThompsonFebruary 14, 1845}}(Acclamation)February 27, 1845}}–November 28, 1872(Retired)75px) Robert Cooper Grier Associate Justice of the Supreme Court of the United States >Pennsylvania >Henry Baldwin (judge)>Henry BaldwinAugust 4, 1846}}(Acclamation)August 10, 1846}}–January 31, 1870(Retired)75px)| Nathan CliffordAssociate Justice of the Supreme Court of the United States>Associate Justice| Maine| Benjamin Robbins CurtisJanuary 12, 1858}}(26–23)January 21, 1858}}–July 25, 1881(Died)75px)| Noah Haynes SwayneAssociate Justice of the Supreme Court of the United States>Associate Justice| Ohio| John McLeanJanuary 24, 1862}}(38–1)January 27, 1862}}–January 24, 1881(Retired)75px)| Samuel Freeman MillerAssociate Justice of the Supreme Court of the United States>Associate Justice| Iowa| Peter Vivian DanielJuly 16, 1862}}(Acclamation)July 21, 1862}}–October 13, 1890(Died)75px)David Davis (Supreme Court justice)>David DavisAssociate Justice of the Supreme Court of the United States>Associate Justice| Illinois| John Archibald CampbellDecember 8, 1862}}(Acclamation)December 10, 1862}}–March 4, 1877(Resigned)75px)| Stephen Johnson FieldAssociate Justice of the Supreme Court of the United States>Associate Justice| California| newly-created seatMarch 10, 1863}}(Acclamation)May 10, 1863}}–December 1, 1897(Retired)

Notable Cases in 74 U.S. (7 Wall.)

File:The Union as It Was.jpg|upright=0.9|thumb|A Reconstruction era Harper’s Magazine editorial cartoon by Thomas NastThomas NastEx parte McCardle“>

Ex parte McCardle

Ex parte McCardle, 74 U.S. (7 Wall.) 506 (1869), arose during the Civil War Reconstruction. Newspaper publisher McCardle circulated “incendiary” articles advocating opposition to the Reconstruction laws enacted by Congress. He was jailed by a military commander under the Military Reconstruction Act of 1867. McCardle pursued a writ of habeas corpus in a Circuit Court in Mississippi, where he was unsuccessful. He appealed to the Supreme Court under the Habeas Corpus Act of 1867, which granted appellate jurisdiction to review denial of habeas corpus petitions. After the case was argued but before an opinion was delivered, Congress suspended the Supreme Court’s jurisdiction over the case, exercising powers granted under Article III, section 2 of the US Constitution to limit the appellate jurisdiction of the Supreme Court. The Court validated congressional withdrawal of the Court’s jurisdiction, and so McCardle had no recourse by which to challenge his imprisonment in federal court.Texas v. White“>

Texas v. White

In Texas v. White, 74 U.S. (7 Wall.) 700 (1869), is one of the most important Supreme Court decisions during the Reconstruction era. It remains influential because of its definition of the legal status of a state and how states relate to each other within the nation. In accepting original jurisdiction under the constitution’s jurisdictional grant of state v. state cases, the Court ruled that as a matter of constitutional law Texas had remained a United States state ever since it first joined the Union despite its later joining the insurrectionist Confederate States of America. The Court held that the Constitution did not permit states unilaterally to secede from the Union, and that the ordinances of secession and all acts of legislatures in seceding states intended to give effect to such ordinances were void.

Citation style

{{see also|United States district court}}{{see also|United States circuit court}}{{see also|United States federal courts}}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 74 U.S. (7 Wall.)

{{see also|Chase Court}}{| class=“wikitable sortable” ! scope=“col” style="width: 370px;” | Case Name! scope=“col” style="width: 95px;” | Page & year! scope=“col” style="width: 10px;” | Opinion of the Court! scope=“col” style="width: 130px;” | Concurring opinion(s)! scope=“col” style="width: 130px;” | Dissenting opinion(s)! scope=“col” style="width: 133px;” | Lower Court! scope=“col” style="width: 133px;” | Disposition Stephen Girard>Girard v. City of Philadelphia 1 (1869) | Grier | none | none United States circuit court>C.C.E.D. Pa. | affirmedBanks v. New York City>City of New York 16 (1869) | Chase | none | none New York Court of Appeals>N.Y. | reversed BNY Mellon>Bank of N.Y. v. Supervisors 26 (1869) | Chase | none | none New York Court of Appeals>N.Y. | reversed | The Georgia 32 (1869) | Nelson | none | none United States circuit court>C.C.D. Mass. | affirmed| Mutual Ins. Co. v. Tweed 44 (1869) | Miller | none | none United States circuit court>C.C.E.D. La. | reversed | The China 53 (1869) | Swayne | Clifford | none United States circuit court>C.C.S.D.N.Y. | affirmedLane County, Oregon>Lane Cnty. v. Oregon 71 (1869) | Chase | none | none Supreme Court of Oregon>Or. | affirmedAurora, Indiana>City of Aurora v. West 82 (1869) | Clifford | none | Miller United States circuit court>C.C.D. Ind. | affirmedDurant v. Essex County, Massachusetts>Essex Cnty. 107 (1869) | Field | none | none United States circuit court>C.C.D. Mass. | affirmed| Kendall v. United States 113 (1869) | Miller | none | none United States Court of Claims>Ct. Cl. | affirmedCowles v. Mercer County, Illinois>Mercer Cnty. 118 (1869) | Chase | none | none United States circuit court>C.C.N.D. Ill. | affirmed| Nichols v. United States 122 (1869) | Davis | none | none United States Court of Claims>Ct. Cl. | affirmed| Lincoln v. Claflin 132 (1869) | Field | none | none United States circuit court>C.C.N.D. Ill. | affirmed| Green v. Van Buskirk 139 (1869) | Davis | none | none New York Supreme Court>N.Y. Sup. Ct. | reversed | The Siren 152 (1869) | Field | none | Nelson United States District Court for the District of Massachusetts>D. Mass. | reversed | Dorsheimer v. United States 166 (1869) | Grier | none | none United States Court of Claims>Ct. Cl. | affirmedLee County, Illinois>Lee Cnty. v. Rogers I 175 (1869) | Nelson | none | none United States circuit court>C.C.N.D. Ill. | affirmedLee County, Illinois>Lee Cnty. v. Rogers II 181 (1869) | Nelson | none | none United States circuit court>C.C.N.D. Ill. | affirmed| Gordon v. United States 188 (1869) | Grier | none | none United States Court of Claims>Ct. Cl. | affirmed| The Grace Girdler 196 (1869) | Swayne | none | Davis United States circuit court>C.C.S.D.N.Y. | affirmed| Brown v. Pierce 205 (1869) | Clifford | none | none Supreme Court of Nebraska>Sup. Ct. Terr. Neb. | affirmed| Silver v. Ladd 219 (1869) | Miller | none | none Supreme Court of Oregon>Or. | reversed | Bronson v. Rodes 229 (1869) | Chase | Davis; Swayne | Miller New York Court of Appeals>N.Y. | reversed | Butler v. Horwitz 258 (1869) | Chase | none | Miller | Md. Ct. Com. Pl.| reversed Northern Central Railway>Northern C. Ry. Co. v. Jackson 262 (1869) | Nelson | none | Clifford United States circuit court>C.C.D. Md. | affirmed| Litchfield v. Dubuque & P.R.R. Co. 270 (1869) | Swayne | none | none United States circuit court>C.C.D. Iowa | reversed Saint Paul and Pacific Railroad>St. Paul & P.R.R. Co. v. Schurmeir 272 (1869) | Clifford | none | none Supreme Court of Minnesota>Minn. | affirmed| Mead v. Ballard 290 (1869) | Miller | none | none United States circuit court>C.C.D. Wis. | affirmed| Jacobs v. Baker 295 (1869) | Grier | none | none United States circuit court>C.C.S.D. Ohio | affirmed| Drury v. Cross 299 (1869) | Davis| none | none United States circuit court>C.C.D. Wis. | reversed | Edmonson v. Bloomshire 306 (1869) | Miller | none | none United States circuit court>C.C.S.D. Ohio | dismissed Benbow v. Iowa City, Iowa>City of Iowa City 313 (1869) | Davis | none | none United States circuit court>C.C.D. Iowa | reversed | Boyd v. Moses 316 (1869) | Field | none | none United States District Court for the Southern District of New York>S.D.N.Y. | affirmed| Twitchell v. Pennsylvania 321 (1869) | Chase | none | none Supreme Court of Pennsylvania>Pa. | dismissed Tyler v. Boston>City of Boston 327 (1869) | Grier | none | none United States circuit court>C.C.D. Mass. | affirmed| Grant v. United States 331 (1869) | Davis | none | none United States Court of Claims>Ct. Cl. | affirmed| United States v. Shoemaker 338 (1869) | Nelson | none | none United States circuit court>C.C.E.D. Mich. | reversed | Thomson v. Dean 342 (1869) | Chase | none | none United States circuit court>C.C.D.W. Tenn. | dismissal denied | Gaines v. Thompson 347 (1869) | Miller | none | none United States Circuit Court of the District of Columbia>C.C.D.C. | affirmed| The Diana 354 (1869) | Field | none | none United States District Court for the Southern District of Florida>S.D. Fla. | reversed | Kellogg v. United States 361 (1869) | Grier | none | none United States Court of Claims>Ct. Cl. | affirmed| Ex Parte Bradley 364 (1869) | Nelson | none | Miller United States District Court for the District of Columbia>Sup. Ct. D.C. | mandamus grantedRiddlesbarger v. The Hartford>Hartford Ins. Co. 386 (1869) | Field | none | none United States circuit court>C.C.D. Mo. | affirmedChicago, Rock Island and Pacific Railroad>Chicago et al. R.R. Co. v. Howard 392 (1869) | Clifford | none | none United States circuit court>C.C.D. Iowa | affirmed| Sheets v. Selden 416 (1869) | Swayne | none | none United States circuit court>C.C.D. Ind. | affirmed| Payne v. Hook 425 (1869) | Davis | none | none United States circuit court>C.C.D. Mo. | reversed | Pacific Ins. Co. v. Soule 433 (1869) | Swayne | none | none United States circuit court>C.C.D. Cal. | certification | Ward v. Smith 447 (1869) | Field | none | none United States circuit court>C.C.D. Md. | affirmed| Confiscation Cases 454 (1869) | Clifford | none | none United States District Court for the Eastern District of Louisiana>E.D. La. | multiple | United States v. Adams 463 (1869) | Nelson | none | none United States Court of Claims>Ct. Cl. | reversed | United States v. Kirby 482 (1869) | Field | none | none United States circuit court>C.C.D. Ky. | certification | Mulligan v. Corbins 487 (1869) | Davis | none | none Kentucky Court of Appeals>Ky. | affirmed| United States v. Gilmore 491 (1869) | Swayne | none | none United States circuit court>C.C.D. Neb. | reversed | Kelly v. Owen 496 (1869) | Field | none | none United States District Court for the District of Columbia>Sup. Ct. D.C. | affirmed| Ewing v. Howard 499 (1869) | Clifford | none | none United States circuit court>C.C.M.D. Tenn. | affirmed| Ex parte McCardle 506 (1869) | Chase | none | none United States circuit court>C.C.S.D. Miss. | dismissed | Moore v. Marsh 515 (1869) | Clifford | none | none United States circuit court>C.C.W.D. Pa. | reversed | Randall v. Brigham 523 (1869) | Field | none | none United States District Court for the District of Massachusetts>D. Mass. | affirmed| Palmer v. Donner 541 (1869) | Chase | none | none Supreme Court of California>Cal. | dismissed | Coppell v. Hall 542 (1869) | Swayne | none | none United States circuit court>C.C.E.D. La. | reversed | Cocks v. Izard 559 (1869) | Davis | none | none United States circuit court>C.C.D. La. | reversed | The Grapeshot 563 (1869) | Chase | none | none United States circuit court>C.C.D. La. | dismissal denied | Generes v. Bonnemer 564 (1869) | Miller | none | none United States circuit court>C.C.D. La. | affirmed| Laber v. Cooper 565 (1869) | Swayne | none | none United States circuit court>C.C.N.D. Ill. | affirmed| The Alicia 571 (1869) | Chase | none | none United States circuit court>C.C.S.D. Fla. | appeal improvidentBaltimore and Ohio Railroad>Baltimore & O.R.R. Co. v. Harris 574 (1869) | Chase | none | none United States District Court for the District of Columbia>Sup. Ct. D.C. | supersedeas denied| Washington et al. R.R. Co. v. Bradleys 575 (1869) | Chase | none | none United States District Court for the District of Columbia>Sup. Ct. D.C. | supersedeas granted| Morris v. United States 578 (1869) | Chase | none | none United States District Court for the Middle District of Alabama>M.D. Ala. | reversed | United States v. Rosenburgh 580 (1869) | Chase | none | none United States circuit court>C.C.S.D.N.Y. | dismissed | Agawam W. Co. v. Jordan 583 (1869) | Clifford | none | none United States circuit court>C.C.D. Mass. | affirmedMorgan v. Beloit, Wisconsin>Town of Beloit I 610 (1869) | Swayne | none | none United States circuit court>C.C.D. Wis. | reversed Morgan v. Beloit, Wisconsin>Town of Beloit II 613 (1869) | Swayne | none | none United States circuit court>C.C.D. Wis. | reversed Beloit, Wisconsin>Town of Beloit v. Morgan 619 (1869) | Swayne | none | none United States circuit court>C.C.D. Wis. | affirmed | The Belfast 624 (1869) | Clifford | none | none Supreme Court of Alabama>Ala. | reversed | White’s Bank v. Smith 646 (1869) | Nelson | none | none United States circuit court>C.C.N.D.N.Y. | reversed | The Nichols 656 (1869) | Clifford | none | none United States District Court for the Northern District of New York>N.D.N.Y. | affirmed| The Floyd Acceptances 666 (1869) | Miller | none | none United States Court of Claims>Ct. Cl. | affirmed| Whitely v. Swayne 685 (1869) | Nelson | none | none United States circuit court>C.C.S.D. Ohio | affirmed| Garrison v. United States 688 (1869) | Miller | none | none United States Court of Claims>Ct. Cl. | reversed | James v. Bank of Mobile 692 (1869) | Chase | none | none United States circuit court>C.C.D. La. | dismissal denied | Blitz v. Brown 693 (1869) | Chase | none | none United States District Court for the District of Columbia>Sup. Ct. D.C. | dismissed Washington County, Iowa>Washington Cnty. v. Durant 694 (1869) | Chase | none | none United States circuit court>C.C.D. Iowa | dismissed Austin v. Boston>City of Boston 694 (1869) | Swayne | none | none Supreme Judicial Court of Massachusetts>Mass. | affirmed| Texas v. White 700 (1869) | Chase | none | Grier; Swayne Original jurisdiction of the Supreme Court of the United States>original| decree for Texas| Roland v. United States 743 (1869) | Davis | none | none United States District Court for the Northern District of California>N.D. Cal. | affirmed

Notes and references

{{notelist}}{{reflist}}

See also

certificate of division

External links

• weblink Case reports in volume 74 (7 Wall.) from Library of Congress
• weblink Case reports in volume 74 (7 Wall.) from Court Listener
• weblink Case reports in volume 74 (7 Wall.) from the Caselaw Access Project of Harvard Law School
• weblink Case reports in volume 74 (7 Wall.) from Google Scholar
• weblink Case reports in volume 74 (7 Wall.) from Justia
• weblink Case reports in volume 74 (7 Wall.) 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

{{SCOTUSCases|74}}{{SCOTUScaselists}}