This is a list of cases reported in volume 23 (10 Wheat.) of United States Reports, decided by the Supreme Court of the United States in 1825.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").

Henry Wheaton Starting with the 14th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Henry Wheaton. Wheaton was Reporter of Decisions from 1816 to 1827, covering volumes 14 through 25 of United States Reports which correspond to volumes 1 through 12 of his Wheaton's Reports. As such, the dual form of citation to, for example, Brent v. Davis is 23 U.S. (10 Wheat.) 395 (1825).

Justices of the Supreme Court at the time of 23 U.S. (10 Wheat.)

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 23 U.S. (10 Wheat.) 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 Marshall Chief Justice Virginia Oliver Ellsworth (Acclamation) –July 6, 1835(Died) Bushrod Washington Associate Justice Virginia James Wilson (Acclamation) (Recess Appointment)–November 26, 1829(Died) William Johnson Associate Justice South Carolina Alfred Moore (Acclamation) –August 4, 1834(Died) Thomas Todd Associate Justice Kentucky new seat (Acclamation) –February 7, 1826(Died) Gabriel Duvall Associate Justice Maryland Samuel Chase (Acclamation) –January 12, 1835(Resigned) Joseph Story Associate Justice Massachusetts William Cushing (Acclamation) –September 10, 1845(Died) Smith Thompson Associate Justice New York Henry Brockholst Livingston (Acclamation) –December 18, 1843(Died)

Notable Case in 23 U.S. (10 Wheat.)

The Antelope In The Antelope, 23 U.S. (10 Wheat.) 66 (1825), the Supreme Court considered, for the first time, the legitimacy of the Atlantic slave trade.

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 23 U.S. (10 Wheat.)

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Wayman v. Southard 1 (1825) Marshall none none C.C.D. Ky. certification Second Bank of the United States v. Halstead 51 (1825) Thompson none none C.C.D. Ky. certification The Antelope 66 (1825) Marshall none none C.C.D. Ga. multiple The Plattsburgh 133 (1825) Story none none C.C.S.D.N.Y. affirmed Thomas v. Gabrielle 146 (1825) Washington none none C.C.D. Ky. affirmed Elmendorf v. Taylor 152 (1825) Marshall none none C.C.D. Ky. certification Carneal v. Banks 181 (1825) Marshall none none C.C.D. Ky. reversed McCormick v. Sullivant 192 (1825) Washington none none C.C.D. Ohio affirmed Wright v. Page 204 (1825) Story none none C.C.D. N.J. affirmed United States v. Morris 246 (1825) Thompson none none C.C.S.D.N.Y. affirmed The Dos Hermanos 306 (1825) Marshall none none D. La. affirmed The Josefa Segunda 312 (1825) Story none none C.C.D. La. multiple Second Bank of the United States v. Bank of Georgia 333 (1825) Story none none C.C.D. Ga. reversed Keplinger v. De Young 358 (1825) Washington none none C.C.D. Md. affirmed De Wolf v. Johnson 367 (1825) Johnson none none C.C.D. Ky. reversed Brent v. Davis 395 (1825) Marshall none none C.C.D.C. reversed City of Washington v. Young 406 (1825) Marshall none none C.C.D.C. reversed Janney v. Columbian Insurance Company 411 (1825) Johnson none none C.C.D.C. affirmed Sixty Pipes of Brandy 421 (1825) Johnson none none C.C.D. Mass. reversed The Steam-Boat Thomas Jefferson 428 (1825) Story none none C.C.D. Ky. affirmed The Santa Maria 431 (1825) Story none none C.C.D. Md. multiple Day v. Chism 449 (1825) Marshall none none C.C.D. Tenn. reversed McDowell v. Peyton 454 (1825) Marshall none none C.C.D. Ky. affirmed Darby's Lessee v. Mayer 465 (1825) Johnson none none C.C.D.W. Tenn. reversed Manro v. Almeida 473 (1825) Johnson none none C.C.D. Md. reversed The Gran Para 497 (1825) Story none none C.C.D. Md. affirmed The Palmyra 502 (1825) Marshall none none C.C.D.S.C. dismissed

Notes and references

See also certificate of division

External links Case reports in volume 23 (10 Wheat.) from Court Listener Case reports in volume 23 (10 Wheat.) from the Caselaw Access Project of Harvard Law School Case reports in volume 23 (10 Wheat.) from Google Scholar Case reports in volume 23 (10 Wheat.) from Justia Case reports in volume 23 (10 Wheat.) 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