This is a list of cases reported in volume 9 (5 Cranch) of United States Reports, decided by the Supreme Court of the United States in 1809.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, Cooke v. Woodrow is 9 U.S. (5 Cranch) 13 (1809).
Justices of the Supreme Court at the time of 9 U.S. (5 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 9 U.S. (5 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 Marshall Chief Justice Virginia Oliver Ellsworth (Acclamation) –July 6, 1835(Died) William Cushing Associate Justice Massachusetts original seat established (Acclamation) –September 13, 1810(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) Henry Brockholst Livingston Associate Justice New York William Paterson (Acclamation) –March 18, 1823(Died) Thomas Todd Associate Justice Kentucky new seat (Acclamation) –February 7, 1826(Died)
Notable cases in 9 U.S. (5 Cranch)
Bank of the United States v. Deveaux Bank of the United States v. Deveaux, 9 U.S. (5 Cranch) 61 (1809) is an early US corporate law case, in which the Court held that corporations have the capacity to sue in federal court.
Hodgson v. Bowerbank In Hodgson v. Bowerbank, 9 U.S. (5 Cranch) 303 (1809), the Court held part of the Judiciary Act of 1789 unconstitutional. The invalidated portion had purported to confer on federal courts the jurisdiction to try cases between aliens.Varat, J.D. Constitutional Law Cases and Materials, Concise Thirteenth Edition. Foundation Press, New York, NY: 2009, p. 33
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 9 U.S. (5 Cranch)
Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition Alexander v. City of Alexandria 1 (1809) Marshall none none C.C.D.C. reversed United States v. Weeks 1 (1809) per curiam none none D. Me. dismissed Henderson v. Moore 11 (1809) Marshall none none C.C.D.C. affirmed Cooke v. Woodrow 13 (1809) Marshall none none C.C.D.C. affirmed Mandeville v. Wilson 15 (1809) Marshall none none C.C.D.C. affirmed Fairfax's Executor v. Fairfax 19 (1809) Marshall none none C.C.D.C. reversed M'Keen v. Delancy's Lessee 22 (1809) Marshall none none C.C.D. Pa. affirmed Tucker v. Oxley 34 (1809) Marshall none none C.C.D.C. reversed Young v. Bank of Alexandria 45 (1809) Marshall none none C.C.D.C. affirmed Yeaton v. Bank of Alexandria 49 (1809) Marshall none Johnson C.C.D.C. affirmed Hope Insurance Company v. Boardman 57 (1809) per curiam none none C.C.D.R.I. reversed Bank of the United States v. Deveaux 61 (1809) Marshall none none C.C.D. Ga. reversed Matthews v. Zane's Lessee 92 (1809) Marshall none none Ohio affirmed Hodgson v. Marine Insurance Company 100 (1809) Cushing Johnson none C.C.D.C. reversed United States v. Peters 115 (1809) Marshall none none D. Pa. mandamus issued Violett v. Patton 142 (1809) Marshall none none C.C.D.C. affirmed Pierce v. Turner 154 (1809) Washington none Johnson C.C.D.C. affirmed Kempe's Lessee v. Kennedy 173 (1809) Marshall none none C.C.D.N.J. affirmed Marine Insurance Company v. Young 187 (1809) Cushing none none C.C.D.C. affirmed Bodley v. Taylor 191 (1809) Marshall none none D. Ky. affirmed Taylor v. Brown 234 (1809) Marshall none none D. Ky. reversed United States v. Arthur 257 (1809) Marshall none none D. Ky. reversed Hepburn v. Auld 262 (1809) Marshall Johnson Livingston C.C.D.C. reversed United States v. Evans 280 (1809) Marshall none none D. Ky. affirmed Yeaton v. United States 281 (1809) Marshall none none C.C.D. Md. reversed United States v. Potts 284 (1809) Marshall none none C.C.D. Md. certification Rush v. Parker 287 (1809) per curiam none Livingston C.C.D. Md. dismissed Logan v. Patrick 288 (1809) per curiam none none C.C.D. Ky. certification Rodford v. Craig 289 (1809) per curiam none none C.C.D.S.C. certification Harrison v. Sterry 289 (1809) Marshall none none C.C.D.S.C. certification Hodgson v. Bowerbank 303 (1809) Marshall none none not indicated not indicated Browne v. Strode 303 (1809) per curiam none none not indicated not indicated Keene v. United States 304 (1809) Livingston none none C.C.D.C. affirmed United States v. Riddle 311 (1809) Marshall none none C.C.D.C. affirmed Himely v. Rose 313 (1809) Marshall none Johnson C.C.D.S.C. reversed Welsh v. Mandeville 321 (1809) per curiam none none not indicated dismissed Riddle and Company v. Mandeville 322 (1809) Marshall none none C.C.D.C. reversed Dulany v. Hodgkin 333 (1809) per curiam none none C.C.D.C. affirmed Yeaton v. Fry 335 (1809) Marshall none none C.C.D.C. affirmed Owings v. Norwood's Lessee 344 (1809) Marshall none none Md. dismissed Moss v. Riddle and Company 351 (1809) Marshall none none C.C.D.C. affirmed Brent v. Chapman 358 (1809) Marshall none none C.C.D.C. affirmed Auld v. Norwood 361 (1809) per curiam none none C.C.D.C. affirmed Slacum v. Simms 363 (1809) Marshall none none C.C.D.C. reversed United States v. Vowell 368 (1809) Marshall none none C.C.D.C. affirmed The Sloop Sally 372 (1809) per curiam none none D. Me. dismissed
Notes and references
See also certificate of division
External links Case reports in volume 9 (5 Cranch) from Court Listener Case reports in volume 9 (5 Cranch) from the Caselaw Access Project of Harvard Law School Case reports in volume 9 (5 Cranch) from Google Scholar Case reports in volume 9 (5 Cranch) from Justia Case reports in volume 9 (5 Cranch) 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