| Location: | Washington, D.C. |
| Type: | Presidential nomination with Senate confirmation |
| Authority: | Constitution of the United States, Art. III, §1 |
| Terms: | life tenure, subject to impeachment and removal |
| Positions: | 9 (by statute) |
This is a list of cases reported in volume 11 (7 Cranch) of United States Reports, decided by the Supreme Court of the United States in 1812 and 1813.[1]
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").
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 dual form of citation to, for example, Wells v. United States is 11 U.S. (7 Cranch) 22 (1812).
See also: List of justices of the Supreme Court of the United States.
See also: List of United States Supreme Court justices by time in office.
See also: List of justices of the Supreme Court of the United States by court composition.
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 11 U.S. (7 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 | Oliver Ellsworth | (Acclamation) | – July 6, 1835 (Died) | |||
| Bushrod Washington | James Wilson | (Acclamation) | (Recess Appointment) – November 26, 1829 (Died) | |||
| William Johnson | Alfred Moore | (Acclamation) | – August 4, 1834 (Died) | |||
| Henry Brockholst Livingston | William Paterson | (Acclamation) | – March 18, 1823 (Died) | |||
| Thomas Todd | new seat | (Acclamation) | – February 7, 1826 (Died) | |||
| Gabriel Duvall | Samuel Chase | (Acclamation) | – January 12, 1835 (Resigned) | |||
| Joseph Story | William Cushing | (Acclamation) | – September 10, 1845 (Died) | |||
In United States v. Hudson, 11 U.S. (7 Cranch) 32 (1812), the Court held that Congress must first enact a constitutional law criminalizing an activity, attach a penalty, and give the federal courts jurisdiction over the offense for a federal court to render a conviction.
In The Schooner Exchange v. McFaddon, 11 U.S. (7 Cranch) 116 (1812), the Court considered the jurisdiction of federal courts over a claim against a friendly foreign military vessel visiting an American port. The court interpreted customary international law to determine that there was no federal jurisdiction.
Fairfax's Devisee v. Hunter's Lessee, 11 U.S. (7 Cranch) 603 (1813), was a case arising out of the acquisition of land in Virginia. For the Court, Justice Joseph Story refused to accept as final the Virginia Court of Appeals' interpretation of Virginia law. He found that precedents in Virginia law itself upheld the titles in question. Story's decision to "look into" Virginia law was a vital step in securing federal supremacy. Otherwise, the federal courts could be effectively blocked, by a state court's decision, from addressing a federal question — in this case a British national's rights under treaties with Britain.[3]
See also: History of slavery in Maryland. Queen v. Hepburn, 11 U.S. (7 Cranch) 290 (1813), was a case in which a Maryland slave sued for her freedom. In support of her claim, her attorney offered several depositions containing testimony favorable to her. Chief Justice Marshall, who was a slave-owner, affirmed the lower court's judgment against the woman on the basis that the deposition statements were hearsay, and so were properly excluded from evidence. Dissenting, Justice Gabriel Duvall of Maryland, although also a slave-owner, pointed out that under Maryland law certain hearsay can legitimately be admitted to establish land boundaries, and that hearsay in cases involving freedom should be admitted as well.
Duvall wrote:
"It appears to me that the reason for admitting hearsay evidence upon a question of freedom is much stronger than in cases of . . . the boundaries of land. It will be universally admitted that the right to freedom is more important than the right of property. And people of color from their helpless condition under the uncontrolled authority of a master, are entitled to all reasonable protection. A decision that hearsay evidence in such cases shall not be admitted, cuts up by the roots all claims of the kind, and puts a final end to them, unless the claim should arise from a fact of recent date, and such a case will seldom, perhaps never, occur."[4]
See also: United States district court.
See also: United States circuit court.
See also: United States federal courts. 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.
See also: Marshall Court.
| Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
|---|---|---|---|---|---|---|
| Hudson v. Guestier | 1 (1812) | per curiam | none | none | affirmed | |
| Fitzsimmons v. Ogden | 2 (1812) | Washington | none | none | affirmed | |
| The Brig James Wells | 22 (1812) | Washington | none | none | affirmed | |
| Maryland Insurance Company v. Le Roy | 26 (1812) | Johnson | none | none | reversed | |
| United States v. Hudson | 32 (1812) | Johnson | none | none | certification | |
| Shirras v. Caig | 34 (1812) | Marshall | none | none | certification | |
| Schooner Paulina | 52 (1812) | Marshall | Johnson | Johnson | reversed | |
| Russell v. Clark's Executors | 69 (1812) | Marshall | none | none | reversed | |
| Bingham v. Morris | 99 (1812) | per curiam | none | none | not indicated | overruled |
| Catherine v. United States | 99 (1812) | per curiam | none | none | not indicated | dismissed |
| The Sloop Active | 100 (1812) | Marshall | none | none | reversed | |
| Hawthorne v. United States | 107 (1812) | Marshall | none | none | commission granted | |
| United States v. Goodwin | 108 (1812) | Washington | none | none | dismissed | |
| Whelan v. United States | 112 (1812) | per curiam | none | none | dismissed | |
| The Brig Eliza | 113 (1812) | Marshall | none | none | certification | |
| United States v. Crosby | 115 (1812) | Story | none | none | affirmed | |
| The Schooner Exchange | 116 (1812) | Marshall | none | none | reversed | |
| Freeland v. Heron Lenox and Company | 147 (1812) | Duvall | none | none | reversed | |
| Welch v. Mandeville | 152 (1812) | Marshall | none | none | affirmed | |
| Marsteller v. M'Clean | 156 (1812) | Story | none | none | affirmed | |
| Welch v. Lindo | 159 (1812) | Marshall | none | none | affirmed | |
| New Jersey v. Wilson | 164 (1812) | Marshall | none | none | reversed | |
| King v. Riddle | 168 (1812) | Marshall | none | none | affirmed | |
| Davy's Executors v. Faw | 171 (1812) | Marshall | none | none | reversed | |
| Hughes v. Moore | 176 (1812) | Marshall | none | none | reversed | |
| Barton v. Petit | 194 (1812) | Washington | none | none | reversed | |
| Wilson v. Koontz | 202 (1812) | Marshall | none | none | affirmed | |
| Riddle v. Moss | 206 (1812) | Marshall | none | none | reversed | |
| Sheehy v. Mandeville | 208 (1812) | Marshall | none | none | affirmed | |
| Conway's Executors v. Alexander | 218 (1812) | Marshall | none | none | reversed | |
| Dunlop v. Munroe | 242 (1812) | Johnson | none | none | affirmed | |
| Wood v. Davis | 271 (1812) | Marshall | none | none | reversed | |
| Morgan v. Reintzel | 273 (1812) | Marshall | none | none | affirmed | |
| Caldwell v. Jackson | 276 (1812) | Marshall | none | none | not indicated | rule absolute |
| Wise and Lynn v. Columbian Turnpike Company | 276 (1812) | per curiam | none | none | not indicated | dismissed |
| Blackwell v. Patten | 277 (1812) | per curiam | none | none | not indicated | dismissal denied |
| Wallen v. Williams | 278 (1812) | Todd | Marshall | none | overruled | |
| M'Kim v. Voorhies | 279 (1812) | Todd | none | none | certification | |
| Beatty v. Maryland | 281 (1812) | Duvall | Marshall | none | affirmed | |
| United States v. Tyler | 285 (1812) | Livingston | none | none | certification | |
| United States v. Gordon | 287 (1813) | per curiam | none | none | dismissed | |
| Barton v. Petit | 288 (1813) | Washington | none | none | reversed | |
| Queen v. Hepburn | 290 (1813) | Marshall | none | Duvall | affirmed | |
| Bank of Columbia v. Patterson's Administrator | 299 (1813) | Story | none | none | affirmed | |
| Clark's Executors v. Carrington | 308 (1813) | Marshall | none | none | affirmed | |
| Dickey v. Baltimore Insurance Company | 327 (1813) | Marshall | none | none | reversed | |
| Marine Insurance Company v. Hodgson | 332 (1813) | Marshall | none | none | affirmed | |
| Locke v. United States | 339 (1813) | Marshall | none | none | affirmed | |
| The Schooner Good Catharine | 349 (1813) | per curiam | none | none | affirmed | |
| Bond v. Jay | 350 (1813) | Marshall | none | none | reversed | |
| Preston v. Tremble | 354 (1813) | Marshall | none | none | affirmed | |
| The Brig Penobscot | 356 (1813) | Marshall | none | none | affirmed | |
| Caze v. Baltimore Insurance Company | 358 (1813) | Story | none | none | affirmed | |
| The Schooner Jane | 363 (1813) | Washington | none | none | affirmed | |
| Lee v. Munroe | 366 (1813) | Livingston | none | none | affirmed | |
| Herbert v. Wren | 370 (1813) | Marshall | none | Johnson | reversed | |
| The Brig Aurora | 382 (1813) | Johnson | none | none | reversed | |
| The Schooner Hoppet | 389 (1813) | Marshall | none | none | multiple | |
| Mutual Assurance Society v. Korn | 396 (1813) | Johnson | none | none | reversed | |
| Webster v. Hoban | 399 (1813) | Livingston | none | none | affirmed | |
| Maryland Insurance Company v. Wood | 402 (1813) | Livingston | none | none | affirmed | |
| Ferguson v. Harwood | 408 (1813) | Story | none | none | affirmed | |
| Biays v. Chesapeake Insurance Company | 415 (1813) | Livingston | none | none | affirmed | |
| Stark v. Chesapeake Insurance Company | 420 (1813) | per curiam | none | none | reversed | |
| Williams v. Armroyd | 423 (1813) | Marshall | none | none | affirmed | |
| Smith v. Delaware Insurance Company | 434 (1813) | Marshall | none | none | reversed | |
| Holker v. Parker | 436 (1813) | Marshall | none | none | reversed | |
| Barnitz's Lessee v. Casey | 456 (1813) | Story | none | none | affirmed | |
| Blackwell v. Patton's Lessee | 471 (1813) | Marshall | none | none | affirmed | |
| Mills v. Duryee | 481 (1813) | Story | none | Johnson | affirmed | |
| Oliver v. Maryland Insurance Company | 487 (1813) | Marshall | Livingston, Story | none | affirmed | |
| The Brig Caroline | 496 (1813) | per curiam | none | none | reversed | |
| Riggs v. Lindsay | 500 (1813) | Livingston | none | none | affirmed | |
| M'Intire v. Wood | 504 (1813) | Johnson | none | none | reversed | |
| Livingston v. Maryland Insurance Company | 506 (1813) | Marshall | Story | none | reversed | |
| Young v. Grundy | 548 (1813) | Livingston | none | none | affirmed | |
| Palmer v. Allen | 550 (1813) | Johnson | none | none | reversed | |
| Young v. Black | 565 (1813) | Story | Livingston; Johnson; Marshall | none | reversed | |
| The Schooner Anne | 570 (1813) | Marshall | none | none | reversed | |
| United States v. January | 572 (1813) | Duvall | none | none | reversed | |
| United States v. Patterson | 575 (1813) | Duvall | none | none | reversed | |
| Livingston v. Dorgenois | 577 (1813) | per curiam | none | none | mandamus granted | |
| Otis v. Bacon | 589 (1813) | Washington | none | none | affirmed | |
| Thornton v. Carson | 596 (1813) | Washington | none | none | affirmed | |
| Wallen v. Williams | 602 (1813) | per curiam | none | none | reversed | |
| Fairfax's Devisee v. Hunter's Lessee | 603 (1813) | Story | none | Johnson | reversed | |