List of United States Supreme Court cases, volume 7

This is a list of cases reported in volume 7 (3 Cranch) of United States Reports, decided by the Supreme Court of the United States in 1805 and 1806.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").

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 complete citation to, for example, Peyton v. Brooke is 7 U.S. (3 Cranch) 92 (1805).

Justices of the Supreme Court at the time of 7 U.S. (3 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). 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 7 U.S. (3 Cranch) were decided, the Court comprised these six 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 Cushing Associate Justice Massachusetts original seat established (Acclamation) –September 13, 1810(Died) William Paterson Associate Justice New Jersey Thomas Johnson (Acclamation) –September 8, 1806(Died) Samuel Chase Associate Justice Maryland John Blair, Jr. (Acclamation) –June 19, 1811(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)

Notable cases in 7 U.S. (3 Cranch)

United States v. More In United States v. More, 7 U.S. (3 Cranch) 159 (1805), the Court held it had no jurisdiction to hear appeals from criminal cases in the circuit courts by writs of error. Relying on the Exceptions Clause, the Supreme Court held that Congress's enumerated grants of appellate jurisdiction to the Court operated as an exercise of Congress's power to eliminate all other forms of appellate jurisdiction. More ensured that the Court's criminal jurisprudence would be limited to writs of error from the state (and later, territorial) courts, habeas petitions, and writs of error from habeas petitions in the circuit courts, and certificates of division and mandamus from the circuit courts. Congress did not grant the Court jurisdiction to hear writs of error from the circuit courts in criminal cases until 1889, for capital crimes, and 1891, for other "infamous" crimes. The Judicial Code of 1911 abolished the circuit courts, transferred the trial of crimes to the district courts, and extended the Supreme Court's appellate jurisdiction to all crimes.Brent D. Stratton, Criminal Law: The Attenuation Exception to the Exclusionary Rule: A Study in Attenuated Principle and Dissipated Logic, 75 139, 139 n.1 (1984). But, these statutory grants were construed not to permit writs of error filed by the prosecution, as in More.Rossman, 1990, at 524 n.19 (citing United States v. Sanges, 144 U.S. 310 (1892).

Strawbridge v. Curtiss In Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267 (1806) the Supreme Court first addressed the question of complete diversity for diversity jurisdiction. In a brief opinion the Court held that for federal diversity jurisdiction, under section 11 of the Judiciary Act of 1789, no party on one side of a suit may be a citizen of the same state as any party on the other side. Therefore, when there are joint plaintiffs or defendants, jurisdiction must be established as to each individual party. That requirement remains acceptable in law as a matter of statutory interpretation, not constitutional command.State Farm Fire & Casualty Co. v. Tashire, 386 U.S. 523, 530–31 (1967), saying of Strawbridge, “Chief Justice Marshall there purported to construe only 'The words of the act of Congress,' not the Constitution itself. And in a variety of contexts this Court and the lower courts have concluded that Article III poses no obstacle to the legislative extension of federal jurisdiction, founded on diversity, so long as any two adverse parties are not co-citizens."

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 7 U.S. (3 Cranch)

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition Huidekoper's Lessee v. Douglass 1 (1805) Marshall Johnson none C.C.D. Pa. certification United States v. Hooe 73 (1805) Marshall none none C.C.D.C. multiple Peyton v. Brooke 92 (1805) Marshall none none C.C.D.C. affirmed Lambert's Lessee v. Paine 97 (1805) Johnson Washington, Paterson, Cushing none C.C.D. Va. affirmed Hodgson v. Butts 140 (1805) Marshall none none C.C.D.C. affirmed United States v. More 159 (1805) Marshall none none C.C.D.C. dismissed Faw v. Roberdeau's Executor 174 (1805) Marshall none none C.C.D.C. reversed Ray v. Law 179 (1805) Marshall none none C.C.D.C. appeal allowed Levy v. Gadsby 180 (1805) Marshall none none C.C.D.C. affirmed Marine Insurance Company v. Wilson 187 (1805) Washington Paterson none C.C.D.C. affirmed Wilson v. Codman's Executor 193 (1805) Marshall none none C.C.D.C. affirmed Hallet v. Jenks 210 (1805) Marshall none none N.Y. affirmed Milligan v. Milledge 220 (1805) Marshall none none C.C.D. Georgia reversed Cooke v. Graham's Administrator 229 (1805) Marshall none none C.C.D.C. reversed Dobynes v. United States 241 (1806) per curiam none none D. Ky. reversed Hannay v. Eve 242 (1806) Marshall none none C.C.D. Ga. affirmed Silsby v. Young 249 (1806) Marshall none none C.C.D. Ga. reversed Montalet v. Murray 249 (1806) Marshall none none not indicated dismissed Strawbridge v. Curtiss 267 (1806) Marshall none none C.C.D. Mass. affirmed Gordon v. Caldcleugh 268 (1806) Marshall none none S.C. Ct. Eq. dismissed McFerran v. Taylor 270 (1806) Marshall none none D. Ky. reversed Wilson v. Speed 283 (1806) Marshall none none D. Ky. reversed Buddicum v. Kirk 293 (1806) Marshall none none C.C.D.C. affirmed Douglass v. McAllister 298 (1806) Marshall none none C.C.D.C. affirmed Simms v. Slacum 300 (1806) Marshall none Paterson C.C.D.C. reversed Harris v. Johnston 311 (1806) Marshall none none C.C.D.C. reversed Dixon's Executors v. Ramsay's Executors 319 (1806) Marshall none none C.C.D.C. affirmed Scott v. London 324 (1806) Marshall none none C.C.D.C. reversed Wise v. Withers 331 (1806) Marshall none none C.C.D.C. reversed United States v. Grundy 337 (1806) Marshall none none C.C.D. Baltimore affirmed Marine Insurance Company v. Tucker 357 (1806) Johnson Washington, Cushing, Paterson none C.C.D.C. affirmed United States v. Heth 399 (1806) Johnson Washington, Paterson, Cushing none C.C.D. Va. certification Manella, Pujals and Company v. Barry 415 (1806) Marshall none none C.C.D. Md. affirmed Ex parte Burford 448 (1806) Marshall none none C.C.D.C. prisoner discharged Hopkirk v. Bell 454 (1806) per curiam none none C.C.D. Va. certification Maley v. Shattuck 458 (1806) Marshall none none C.C.D. Pa. reversed Lawrason v. Mason 492 (1806) Marshall none none C.C.D.C. affirmed Knox v. Summers 496 (1806) Washington none none C.C.D.C. reversed Sands v. Knox 499 (1806) Marshall none none N.Y. affirmed Randolph v. Ware 503 (1806) Paterson Cushing none C.C.D. Va. affirmed Winchester v. Jackson 514 (1806) per curiam none none not indicated dismissed Field v. Milton 514 (1806) per curiam none none not indicated certiorari granted

Notes and references

List of United States Supreme Court cases, volume 7

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