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List of United States Supreme Court cases, volume 67

Coordinates: 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
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Supreme Court of the United States
Map
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorised byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

This is a list of cases reported in volume 67 (2 Black) of United States Reports, decided by the Supreme Court of the United States in 1862 and 1863.[1]

Nominative reports

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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").

Jeremiah Sullivan Black

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Starting with the 66th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Jeremiah S. Black. Black was Reporter of Decisions from 1861 to 1862, covering volumes 66 and 67 of United States Reports which correspond to volumes 1 and 2 of his Black's Reports. As such, the dual form of citation to, for example, Gilman v. City of Sheboygan is 67 U.S. (2 Black) 510 (1863).

Justices of the Supreme Court at the time of 67 U.S. (2 Black)

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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).[2] 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 67 U.S. (2 Black) were decided the Court comprised these nine members:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
(Vote)
Tenure on Supreme Court
Roger B. Taney Chief Justice Maryland John Marshall March 15, 1836
(29–15)
March 28, 1836

October 12, 1864
(Died)
James Moore Wayne Associate Justice Georgia William Johnson January 9, 1835
(Acclamation)
January 14, 1835

July 5, 1867
(Died)
John Catron Associate Justice Tennessee newly created seat March 8, 1837
(28–15)
May 1, 1837

May 30, 1865
(Died)
Samuel Nelson Associate Justice New York Smith Thompson February 14, 1845
(Acclamation)
February 27, 1845

November 28, 1872
(Retired)
Robert Cooper Grier Associate Justice Pennsylvania Henry Baldwin August 4, 1846
(Acclamation)
August 10, 1846

January 31, 1870
(Retired)
Nathan Clifford Associate Justice Maine Benjamin Robbins Curtis January 12, 1858
(26–23)
January 21, 1858

July 25, 1881
(Died)
Noah Haynes Swayne Associate Justice Ohio John McLean January 24, 1862
(38–1)
January 27, 1862

January 24, 1881
(Retired)
Samuel Freeman Miller Associate Justice Iowa Peter Vivian Daniel July 16, 1862
(Acclamation)
July 21, 1862

October 13, 1890
(Died)
David Davis Associate Justice Illinois John Archibald Campbell December 8, 1862
(Acclamation)
December 10, 1862

March 4, 1877
(Resigned)

Notable Cases in 67 U.S. (2 Black)

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Cartoon of Union blockade

Prize Cases

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In the Prize Cases, 67 U.S. (2 Black) 635 (1863) the Supreme Court held, 5-4, that the blockade of the Southern ports ordered by President Abraham Lincoln during the American Civil War was constitutional. The blockade of the South resulted in the capture of dozens of American and foreign ships, both those attempting to run the highly efficient blockade and smuggle goods and munitions to the South, as well as those attempting to smuggle exports from the South.

Citation style

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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.

List of cases in 67 U.S. (2 Black)

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Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition
United States v. Castillero 17 (1863) Clifford none Catron; Wayne N.D. Cal. multiple
Calais S.B. Co. v. Scudder 372 (1863) Nelson Miller Miller; Clifford C.C.D. Me. reversed
United States v. Galbraith 394 (1863) Nelson none none N.D. Cal. reversed
King v. Ackerman 408 (1863) Grier none none C.C.S.D.N.Y. affirmed
City of Chicago v. Robbins 418 (1863) Davis none none C.C.N.D. Ill. reversed
Ward v. Chamberlain 430 (1863) Clifford none Grier C.C.N.D. Ohio certification
Wabash et al. Co. v. Beers 448 (1863) Miller none none C.C.D. Ind. reversed
Chilton v. Braiden's Adm'x 458 (1863) Grier none none C.C.D.C. affirmed
Curtis's Adm'x v. Fiedler 461 (1863) Clifford none none C.C.S.D.N.Y. reversed
Taylor v. Morton 481 (1863) Clifford none none C.C.D. Mass. affirmed
Mississippi & M.R.R. Co. v. Ward 485 (1863) Catron none Nelson D. Iowa dismissed
Noonan v. Lee 499 (1863) Swayne none none D. Wis. multiple
Gilman v. City of Sheboygan 510 (1863) Swayne none none D. Wis. reversed
Griffing v. Gibb 519 (1863) Wayne none none N.D. Cal. reversed
Bronson v. La Crosse & M.R.R. Co. 524 (1863) Davis none none C.C.D. Wis. dismissal denied
Sumner v. Hicks 532 (1863) Swayne none none D. Wis. affirmed
Wright v. Bales 535 (1863) Wayne none none C.C.S.D. Ohio reversed
Ogilvie v. Knox Ins. Co. 539 (1863) Grier none none C.C.D. Ind. dismissed
Callan v. May 541 (1863) Taney none none C.C.D.C. dismissed
Wright v. Sill 544 (1863) Swayne none none C.C.N.D. Ohio affirmed
Parker v. Winnipiseogee et al. Co. 545 (1863) Swayne none none C.C.D.N.H. affirmed
Lindsey v. Hawes 554 (1863) Miller none none C.C.N.D. Ill. reversed
Dredge v. Forsyth 563 (1862) Clifford none none C.C.N.D. Ill. reversed
Kellogg v. Forsyth 571 (1862) Clifford none none C.C.N.D. Ill. reversed
Congdon & T.M. Co. v. Goodman 574 (1862) Taney none none Tenn. dismissed
Russell v. Ely 575 (1862) Miller none none D. Wis. affirmed
The Ship Potomac 581 (1862) Grier none none C.C.S.D.N.Y. affirmed
Randall v. Howard 585 (1863) Davis none none C.C.D. Md. affirmed
City of Nebraska City v. Campbell 590 (1863) Nelson none none Sup. Ct. Terr. Neb. affirmed
United States v. Chaboya 593 (1863) Miller none none N.D. Cal. affirmed
Leffingwell v. Warren 599 (1862) Swayne none none D. Wis. reversed
Parrish's Lessee v. Ferris 606 (1863) Nelson none none C.C.S.D. Ohio affirmed
United States v. Grimes 610 (1863) Grier none none N.D. Cal. reversed
Rothwell v. Dewees 613 (1863) Miller none none C.C.D.C. affirmed
People ex rel. Bank of Comm. v. City of New York 620 (1863) Nelson none none N.Y. reversed
Prize Cases 635 (1863) Grier none Nelson multiple multiple
Appleton v. Bacon 699 (1863) Nelson none none C.C.D.C. reversed
De Krafft v. Barney 704 (1863) Taney none none C.C.D.C. dismissed
Koehler v. Black River F.I. Co. 715 (1863) Davis none none D. Wis. affirmed
Mesa v. United States 721 (1863) per curiam none none not indicated dismissed
Moran v. Miami Cnty. 722 (1863) Wayne none none C.C.D. Ind. reversed

Notes and references

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  1. ^ Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
  2. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.

See also

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certificate of division

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