This is a list of cases reported in volume 30 (5 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1831.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").
Richard Peters, Jr. Starting with the 26th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Richard Peters Jr. Peters was Reporter of Decisions from 1828 to 1843, covering volumes 26 through 41 of United States Reports which correspond to volumes 1 through 16 of his Peters's Reports. As such, the dual form of citation to, for example, Hunter v. United States is 30 U.S. (5 Pet.) 173 (1831).
Justices of the Supreme Court at the time of 30 U.S. (5 Pet.)
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 30 U.S. (5 Pet.) 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) William Johnson Associate Justice South Carolina Alfred Moore (Acclamation) –August 4, 1834(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) John McLean Associate Justice Ohio Robert Trimble (Acclamation) –April 4, 1861(Died) Henry Baldwin Associate Justice Pennsylvania Bushrod Washington (41–2) –April 21, 1844(Died)
Notable Case in 30 U.S. (5 Pet.) Cherokee Nation v. Georgia
In Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1 (1831), the Cherokee Nation sought a federal injunction against laws passed by the U.S. state of Georgia depriving the tribe of rights within its geographical boundaries, but the Supreme Court did not hear the case on its merits. It ruled that it had no original jurisdiction in the matter, since the Cherokees were a dependent nation, with a relationship to the United States like that of a "ward to its guardian". One year later, however, in Worcester v. Georgia, 31 U.S. 515 (1832), the Supreme Court ruled that the Cherokee Nation was sovereign. According to the decision, this meant that Georgia had no right to enforce state laws in the Cherokee territory. President Andrew Jackson refused to enforce the ruling, however, instead directing the expulsion of the Cherokee Nation from Georgia. U.S. Army forces were used in some cases to round them up. Their expulsion and subsequent route is called "The Trail of Tears". Of the 15,000 who left Georgia, 4,000 died on the journey to Indian Territory in the present-day U.S. state of Oklahoma.
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 30 U.S. (5 Pet.)
Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition Cherokee Nation v. Georgia 1 (1831) Marshall Johnson, Baldwin Thompson original dismissed Scott's Lessee v. Ratliffe 81 (1831) Marshall none none C.C.D. Ky. reversed Livingston v. Smith 90 (1831) Johnson none none C.C.D.N.J. affirmed Union Bank v. Geary 99 (1831) Thompson none none C.C.D.C. affirmed United States v. Tingey 115 (1831) Story none none C.C.D.C. affirmed United States v. Tingey's Administrators 131 (1831) per curiam none none C.C.D.C. amendment denied Greenleaf's Lessee v. Birth 132 (1831) Story none none C.C.D.C. reversed Simonton v. Winter 141 (1831) Thompson none none C.C.D.C. reversed Henderson v. Griffin 151 (1831) Baldwin none none C.C.D.S.C. affirmed Backhouse v. Patton 160 (1831) McLean none none C.C.E.D. Va. certification Hunter v. United States 173 (1831) McLean none none C.C.D.R.I. affirmed Ex parte Crane 190 (1831) Marshall none Baldwin C.C.S.D.N.Y. mandamus denied Yeaton v. Lynn ex rel. Lyles 224 (1831) Marshall none none C.C.D.C. affirmed Doe ex rel. Patterson v. Winn 233 (1831) Story none Johnson C.C.D. Ga. reversed Fisher's Lessor v. Cockerell 248 (1831) Marshall none none C.C.D. Ky. dismissed Cathcart v. Robinson 264 (1831) Marshall Baldwin Baldwin C.C.D.C. reversed New Jersey v. New York 284 (1831) Marshall none none original continued Smith v. United States 292 (1831) McLean none none D. Mo. reversed Page v. Lloyd 304 (1831) McLean none Johnson C.C.E.D. Va. certification Clarke's Lessee v. Courtney 319 (1831) Story none Baldwin C.C.D. Ky. reversed Tayloe v. Thomson's Lessee 358 (1831) Baldwin none none C.C.D.C. affirmed Farrar v. United States 373 (1831) Johnson none none D. Mo. reversed Shankland v. Washington 390 (1831) Story none none C.C.D.C. affirmed Hinde v. Vattier's Lessee 398 (1831) Baldwin none none C.C.D. Ohio affirmed Jackson ex rel. Bradstreet v. Huntington 402 (1831) Johnson none none N.D.N.Y. affirmed City of New Orleans v. United States 449 (1831) per curiam none none E.D. La. reversed District of Columbia Levy Court v. Ringgold 451 (1831) Thompson none none C.C.D.C. affirmed Hawkins v. Barney's Lessee 457 (1831) Johnson none none C.C.D. Ky. reversed Lewis v. Marshall 470 (1831) McLean none none C.C.D. Ky. multiple Second Bank of the United States v. Martin 479 (1831) Marshall none none C.C.D. Ala. affirmed Peltz v. Clarke 481 (1831) Marshall none none C.C.D.C. affirmed Peyton v. Stith 485 (1831) Baldwin none none C.C.D. Ky. reversed Fowle v. Lawrason's Executor 495 (1831) Marshall none none C.C.D.C. reversed Menard v. Aspasia 505 (1831) McLean none none Mo. dismissed Smith v. Union Bank 518 (1831) Johnson none none C.C.D.C. affirmed Winship v. Second Bank of the United States 529 (1831) Marshall none none C.C.D. Mass. affirmed Tiernan v. Jackson 580 (1831) Story none none C.C.D. Md. reversed Patapsco Insurance Company v. Southgate 604 (1831) Thompson none none C.C.D. Md. affirmed Edmondston v. Drake 624 (1831) Marshall none none C.C.D.S.C. reversed United States v. Robertson 641 (1831) Marshall none Baldwin C.C.D. Md. certification Sheppard v. Taylor 675 (1831) Story none none C.C.D. Md. certification Potter v. Gardner 718 (1831) McLean Baldwin Baldwin C.C.D.R.I. reversed
Notes and references
See also certificate of division
External links Case reports in volume 30 (5 Pet.) from Library of Congress Case reports in volume 30 (5 Pet.) from Court Listener Case reports in volume 30 (5 Pet.) from the Caselaw Access Project of Harvard Law School Case reports in volume 30 (5 Pet.) from Google Scholar Case reports in volume 30 (5 Pet.) from Justia Case reports in volume 30 (5 Pet.) 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