List of United States Supreme Court cases, volume 31

This is a list of cases reported in volume 31 (6 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1832.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, Kelly v. Jackson is 31 U.S. (6 Pet.) 622 (1832).

Justices of the Supreme Court at the time of 31 U.S. (6 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 31 U.S. (6 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 31 U.S. (6 Pet.)

Worcester v. Georgia In Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832), the Supreme Court held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional. The opinion by Chief Justice John Marshall is most famous for its dicta, which laid out the relationship among tribes, state governments, and the federal government. The decision is considered to have built the foundations of the doctrine of tribal sovereignty in the United States. Marshall laid out in this opinion that the relationship between the Indian Nations and the United States is that of nations. He reasoned that the United States, in the character of the federal government, inherited the legal rights of The Crown. Those rights, he stated, included the sole right to negotiate with the Indian nations of North America, to the exclusion of all other European powers. This did not include the rights of possession to their land or political dominion over their laws. He acknowledged that the exercise of conquest and purchase can give political dominion, but that those are in the hands of the federal government, and individual states had no authority in American Indian affairs.

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 31 U.S. (6 Pet.)

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Schimmelpennick v. Turner 1 (1832) Thompson none none C.C.D. Md. certification Second Bank of the United States v. Bank of Washington 8 (1832) Thompson none none C.C.D.C. reversed Kirkman v. Hamilton 20 (1832) Marshall none none C.C.D.W. Tenn. certification Second Bank of the United States v. Green 26 (1832) Marshall none none C.C.D. Ohio dismissed United States v. Bank of North Carolina 29 (1832) Story none none C.C.D.N.C. certification Davis v. Packard 41 (1832) Thompson none none N.Y. dismissal denied Second Bank of the United States v. Dunn 51 (1832) McLean none none C.C.D.C. reversed Miller's Heirs v. M'Intyre 61 (1832) McLean none none C.C.D. Ky. affirmed Smith v. Bell 68 (1832) Marshall none none C.C.D.E. Tenn. certification Moore v. Bank of Columbia 86 (1832) Thompson none none C.C.D.C. reversed Peirsoll v. Elliott 95 (1832) Marshall none none C.C.D. Ky. reversed Levy's Lessee v. M'Cartee 102 (1832) Story none none C.C.S.D.N.Y. certification Sicard's Lessee v. Davis 124 (1832) Marshall none none C.C.D. Ky. reversed United States v. Paul 141 (1832) Marshall none none C.C.S.D.N.Y. certification Oliver v. Alexander 143 (1832) Story none none C.C.D. Md. dismissed Spring v. Gray's Executors 151 (1832) Marshall none none C.C.D. Me. affirmed Dufau v. Couprey's Heirs 170 (1832) Marshall none none E.D. La. affirmed Cox v. United States 172 (1832) Thompson none none E.D. La. reversed M'Arthur v. Porter 205 (1832) Story none none C.C.D. Ohio reversed Ex parte Roberts 216 (1832) Marshall none none S.D.N.Y. mandamus denied Grant v. Raymond 218 (1832) Marshall none none C.C.S.D.N.Y. reversed Second Bank of the United States v. Hatch 250 (1832) Story none none C.C.D. Ohio affirmed M'Donald's Heirs v. Smalley 261 (1832) Marshall none none C.C.D. Ohio affirmed Conard v. Pacific Insurance Company 262 (1832) Story none none C.C.E.D. Pa. affirmed Ross v. M'Lung 283 (1832) Marshall none none C.C.D.E. Tenn. affirmed Green v. Neal's Lessee 291 (1832) McLean none none C.C.D.W. Tenn. reversed Greenleaf's Lessee v. Birth 302 (1832) Story Marshall Marshall C.C.D.C. reversed Leland v. Wilkinson 317 (1832) Marshall none none C.C.D.R.I. certification New Jersey v. New York 323 (1832) Marshall none none original continued Boardman v. Reed's Lessees 328 (1832) McLean none none W.D. Va. affirmed Boyle v. Zacharie I 348 (1832) Marshall none none C.C.D. Md. inquiry answered Scott v. Lunt's Administrator 349 (1832) Marshall none none C.C.D.C. dismissal denied United States v. Reyburn 352 (1832) Thompson none none C.C.D. Md. certification Hughes v. Town of Clarksville 369 (1832) Marshall none none D. Ind. reversed Watts v. Waddle 389 (1832) McLean none none C.C.D. Ohio affirmed M'Lane v. United States 404 (1832) Story none none C.C.D. Del. reversed City of Cincinnati v. White's Lessee 431 (1832) Thompson none none C.C.D. Ohio reversed United States v. Quincy 445 (1832) Thompson none none C.C.D. Md. certification United States v. Nourse 470 (1832) McLean none none C.C.D.C. reversed Barclay v. Howell's Lessee 498 (1832) McLean none none C.C.W.D. Pa. reversed Worcester v. Georgia 515 (1832) Marshall McLean Baldwin Ga. Super. Ct. reversed Crane v. Morriss's Lessee 598 (1832) Story none Baldwin C.C.S.D.N.Y. affirmed Kelly v. Jackson 622 (1832) Story none Baldwin C.C.S.D.N.Y. affirmed United States v. M'Daniel 634 (1832) Marshall none none C.C.D.C. dismissal denied Boyle v. Zacharie II 635 (1832) Story none none C.C.D. Md. affirmed Boyle v. Zacharie III 648 (1832) Story none none C.C.D. Md. affirmed Ex parte Davenport 661 (1832) Story none none C.C.S.D.N.Y. mandamus denied Lindsey v. Miller's Lessee 666 (1832) McLean none Baldwin C.C.D. Ohio affirmed Wallace v. Parker 680 (1832) Marshall none none Ohio affirmed United States v. Arredondo 691 (1832) Baldwin none Thompson Fla. Super. Ct. affirmed Gassies v. Ballon 761 (1832) Marshall none none D. La. affirmed Strother v. Lucas 763 (1832) Thompson none none D. Mo. affirmed Ex parte Bradstreet 774 (1832) Marshall none none N.D.N.Y. command to appear United States v. Phillips 776 (1832) per curiam none none C.C.E.D. Pa. dismissed Veitch v. Farmers' Bank 777 (1832) per curiam none none C.C.D.C. dismissed Boyce v. Grundy 777 (1832) per curiam none none C.C.D.W. Tenn. dismissed

Notes and references

List of United States Supreme Court cases, volume 31

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