Supreme Court of the United States
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789 (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

This is a list of cases reported in volume 11 (7 Cranch) of United States Reports, decided by the Supreme Court of the United States in 1812 and 1813.[1]

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").

William Cranch

Starting with the 5th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was William Cranch. Cranch was Reporter of Decisions from 1801 to 1815, covering volumes 5 through 13 of United States Reports which correspond to volumes 1 through 9 of his Cranch's Reports. As such, the dual form of citation to, for example, Wells v. United States is 11 U.S. (7 Cranch) 22 (1812).

Justices of the Supreme Court at the time of 11 U.S. (7 Cranch)

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 11 U.S. (7 Cranch) 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 MarshallChief JusticeVirginiaOliver Ellsworth January 27, 1801
(Acclamation)
February 4, 1801

July 6, 1835
(Died)
Bushrod Washington
Associate JusticeVirginiaJames Wilson December 20, 1798
(Acclamation)
November 9, 1798
(Recess Appointment)

November 26, 1829
(Died)
William Johnson
Associate JusticeSouth CarolinaAlfred Moore March 24, 1804
(Acclamation)
May 7, 1804

August 4, 1834
(Died)
Henry Brockholst Livingston
Associate JusticeNew YorkWilliam Paterson December 17, 1806
(Acclamation)
January 20, 1807

March 18, 1823
(Died)
Thomas Todd
Associate JusticeKentuckynew seat March 2, 1807
(Acclamation)
March 3, 1807

February 7, 1826
(Died)
Gabriel Duvall
Associate JusticeMarylandSamuel Chase November 18, 1811
(Acclamation)
November 23, 1811

January 12, 1835
(Resigned)
Joseph Story
Associate JusticeMassachusettsWilliam Cushing November 18, 1811
(Acclamation)
February 3, 1812

September 10, 1845
(Died)

Notable cases in 11 U.S. (7 Cranch)

United States v. Hudson

In United States v. Hudson, 11 U.S. (7 Cranch) 32 (1812), the Court held that Congress must first enact a constitutional law criminalizing an activity, attach a penalty, and give the federal courts jurisdiction over the offense for a federal court to render a conviction.

The Schooner Exchange v. M'Faddon

In The Schooner Exchange v. McFaddon, 11 U.S. (7 Cranch) 116 (1812), the Court considered the jurisdiction of federal courts over a claim against a friendly foreign military vessel visiting an American port. The court interpreted customary international law to determine that there was no federal jurisdiction.

Fairfax's Devisee v. Hunter's Lessee

Fairfax's Devisee v. Hunter's Lessee, 11 U.S. (7 Cranch) 603 (1813), was a case arising out of the acquisition of land in Virginia. For the Court, Justice Joseph Story refused to accept as final the Virginia Court of Appeals' interpretation of Virginia law. He found that precedents in Virginia law itself upheld the titles in question. Story's decision to "look into" Virginia law was a vital step in securing federal supremacy. Otherwise, the federal courts could be effectively blocked, by a state court's decision, from addressing a federal question — in this case a British national's rights under treaties with Britain.[3]

Queen v. Hepburn

Queen v. Hepburn, 11 U.S. (7 Cranch) 290 (1813), was a case in which a Maryland slave sued for her freedom. In support of her claim, her attorney offered several depositions containing testimony favorable to her. Chief Justice Marshall, who was a slave-owner, affirmed the lower court's judgment against the woman on the basis that the deposition statements were hearsay, and so were properly excluded from evidence. Dissenting, Justice Gabriel Duvall of Maryland, although also a slave-owner, pointed out that under Maryland law certain hearsay can legitimately be admitted to establish land boundaries, and that hearsay in cases involving freedom should be admitted as well.

Duvall wrote:

"It appears to me that the reason for admitting hearsay evidence upon a question of freedom is much stronger than in cases of . . . the boundaries of land. It will be universally admitted that the right to freedom is more important than the right of property. And people of color from their helpless condition under the uncontrolled authority of a master, are entitled to all reasonable protection. A decision that hearsay evidence in such cases shall not be admitted, cuts up by the roots all claims of the kind, and puts a final end to them, unless the claim should arise from a fact of recent date, and such a case will seldom, perhaps never, occur."[4]

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 11 U.S. (7 Cranch)

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
Hudson v. Guestier1 (1812)per curiamnonenoneC.C.D.C.affirmed
Fitzsimmons v. Ogden2 (1812)WashingtonnonenoneC.C.D.N.Y.affirmed
The Brig James Wells22 (1812)WashingtonnonenoneC.C.D. Conn.affirmed
Maryland Insurance Company v. Le Roy26 (1812)JohnsonnonenoneC.C.D. Md.reversed
United States v. Hudson32 (1812)JohnsonnonenoneC.C.D. Conn.certification
Shirras v. Caig34 (1812)MarshallnonenoneC.C.D. Ga.certification
Schooner Paulina52 (1812)MarshallJohnsonJohnsonC.C.D.R.I.reversed
Russell v. Clark's Executors69 (1812)MarshallnonenoneC.C.D.R.I.reversed
Bingham v. Morris99 (1812)per curiamnonenonenot indicatedoverruled
Catherine v. United States99 (1812)per curiamnonenonenot indicateddismissed
The Sloop Active100 (1812)MarshallnonenoneC.C.D. Conn.reversed
Hawthorne v. United States107 (1812)MarshallnonenoneD. Orleanscommission granted
United States v. Goodwin108 (1812)WashingtonnonenoneC.C.D. Pa.dismissed
Whelan v. United States112 (1812)per curiamnonenoneD. Pa.dismissed
The Brig Eliza113 (1812)MarshallnonenoneC.C.D. Del.certification
United States v. Crosby115 (1812)StorynonenoneC.C.D. Mass.affirmed
The Schooner Exchange116 (1812)MarshallnonenoneC.C.D. Pa.reversed
Freeland v. Heron Lenox and Company147 (1812)DuvallnonenoneC.C.D. Va.reversed
Welch v. Mandeville152 (1812)MarshallnonenoneC.C.D.C.affirmed
Marsteller v. M'Clean156 (1812)StorynonenoneC.C.D.C.affirmed
Welch v. Lindo159 (1812)MarshallnonenoneC.C.D.C.affirmed
New Jersey v. Wilson164 (1812)MarshallnonenoneN.J.reversed
King v. Riddle 168 (1812)MarshallnonenoneC.C.D.C.affirmed
Davy's Executors v. Faw171 (1812)MarshallnonenoneC.C.D.C.reversed
Hughes v. Moore176 (1812)MarshallnonenoneC.C.D.C.reversed
Barton v. Petit194 (1812)WashingtonnonenoneC.C.D. Va.reversed
Wilson v. Koontz202 (1812)MarshallnonenoneC.C.D.C.affirmed
Riddle v. Moss206 (1812)MarshallnonenoneC.C.D.C.reversed
Sheehy v. Mandeville208 (1812)MarshallnonenoneC.C.D.C.affirmed
Conway's Executors v. Alexander218 (1812)MarshallnonenoneC.C.D.C.reversed
Dunlop v. Munroe242 (1812)JohnsonnonenoneC.C.D.C.affirmed
Wood v. Davis271 (1812)MarshallnonenoneC.C.D.C.reversed
Morgan v. Reintzel273 (1812)MarshallnonenoneC.C.D.C.affirmed
Caldwell v. Jackson276 (1812)Marshallnonenonenot indicatedrule absolute
Wise and Lynn v. Columbian Turnpike Company276 (1812)per curiamnonenonenot indicateddismissed
Blackwell v. Patten277 (1812)per curiamnonenonenot indicateddismissal denied
Wallen v. Williams278 (1812)ToddMarshallnoneC.C.D. Tenn.overruled
M'Kim v. Voorhies279 (1812)ToddnonenoneC.C.D. Ky.certification
Beatty v. Maryland281 (1812)DuvallMarshallnoneC.C.D.C.affirmed
United States v. Tyler285 (1812)LivingstonnonenoneC.C.D. Vt.certification
United States v. Gordon287 (1813)per curiamnonenoneC.C.D. Va.dismissed
Barton v. Petit288 (1813)WashingtonnonenoneC.C.D. Va.reversed
Queen v. Hepburn290 (1813)MarshallnoneDuvallC.C.D.C.affirmed
Bank of Columbia v. Patterson's Administrator299 (1813)StorynonenoneC.C.D.C.affirmed
Clark's Executors v. Carrington308 (1813)MarshallnonenoneC.C.D.R.I.affirmed
Dickey v. Baltimore Insurance Company327 (1813)MarshallnonenoneC.C.D. Md.reversed
Marine Insurance Company v. Hodgson332 (1813)MarshallnonenoneC.C.D.C.affirmed
Locke v. United States339 (1813)MarshallnonenoneC.C.D. Md.affirmed
The Schooner Good Catharine349 (1813)per curiamnonenoneC.C.D. Md.affirmed
Bond v. Jay350 (1813)MarshallnonenoneC.C.D. Md.reversed
Preston v. Tremble354 (1813)MarshallnonenoneC.C.D.E. Tenn.affirmed
The Brig Penobscot356 (1813)MarshallnonenoneC.C.D. Ga.affirmed
Caze v. Baltimore Insurance Company358 (1813)StorynonenoneC.C.D. Md.affirmed
The Schooner Jane363 (1813)WashingtonnonenoneC.C.D. Md.affirmed
Lee v. Munroe366 (1813)LivingstonnonenoneC.C.D.C.affirmed
Herbert v. Wren370 (1813)MarshallnoneJohnsonC.C.D.C.reversed
The Brig Aurora382 (1813)JohnsonnonenoneD. Orleansreversed
The Schooner Hoppet389 (1813)MarshallnonenoneD. Orleansmultiple
Mutual Assurance Society v. Korn396 (1813)JohnsonnonenoneC.C.D.C.reversed
Webster v. Hoban399 (1813)LivingstonnonenoneC.C.D.C.affirmed
Maryland Insurance Company v. Wood402 (1813)LivingstonnonenoneC.C.D. Md.affirmed
Ferguson v. Harwood408 (1813)StorynonenoneC.C.D.C.affirmed
Biays v. Chesapeake Insurance Company415 (1813)LivingstonnonenoneC.C.D. Md.affirmed
Stark v. Chesapeake Insurance Company420 (1813)per curiamnonenoneC.C.D. Md.reversed
Williams v. Armroyd423 (1813)MarshallnonenoneC.C.D. Pa.affirmed
Smith v. Delaware Insurance Company434 (1813)MarshallnonenoneC.C.D. Md.reversed
Holker v. Parker436 (1813)MarshallnonenoneC.C.D. Mass.reversed
Barnitz's Lessee v. Casey456 (1813)StorynonenoneC.C.D. Md.affirmed
Blackwell v. Patton's Lessee471 (1813)MarshallnonenoneC.C.D.W. Tenn.affirmed
Mills v. Duryee481 (1813)StorynoneJohnsonC.C.D.C.affirmed
Oliver v. Maryland Insurance Company487 (1813)MarshallLivingston, StorynoneC.C.D. Md.affirmed
The Brig Caroline496 (1813)per curiamnonenoneC.C.D.S.C.reversed
Riggs v. Lindsay500 (1813)LivingstonnonenoneC.C.D.C.affirmed
M'Intire v. Wood504 (1813)JohnsonnonenoneC.C.D. Ohioreversed
Livingston v. Maryland Insurance Company506 (1813)MarshallStorynoneC.C.D. Md.reversed
Young v. Grundy548 (1813)LivingstonnonenoneC.C.D.C.affirmed
Palmer v. Allen550 (1813)JohnsonnonenoneConn.reversed
Young v. Black565 (1813)StoryLivingston; Johnson; MarshallnoneC.C.D.C.reversed
The Schooner Anne570 (1813)MarshallnonenoneC.C.D.S.C.reversed
United States v. January572 (1813)DuvallnonenoneC.C.D. Ky.reversed
United States v. Patterson575 (1813)DuvallnonenoneC.C.D. Ky.reversed
Livingston v. Dorgenois577 (1813)per curiamnonenoneD. Orleansmandamus granted
Otis v. Bacon589 (1813)WashingtonnonenoneMass.affirmed
Thornton v. Carson596 (1813)WashingtonnonenoneC.C.D.C.affirmed
Wallen v. Williams602 (1813)per curiamnonenoneC.C.D.E. Tenn.reversed
Fairfax's Devisee v. Hunter's Lessee603 (1813)StorynoneJohnsonVa.reversed

Notes and references

    1. Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
    2. "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
    3. Haskins and Johnson, Foundations of Power, vol. 2, Oliver Wendell Holmes Devise, 597–599
    4. 11 U.S. (7 Cranch) at 298-299

    See also

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