List of United States Supreme Court cases, volume 17 explained

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 17 (4 Wheat.) of United States Reports, decided by the Supreme Court of the United States in 1819.[1]

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").

Henry Wheaton

Starting with the 14th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Henry Wheaton. Wheaton was Reporter of Decisions from 1816 to 1827, covering volumes 14 through 25 of United States Reports which correspond to volumes 1 through 12 of his Wheaton's Reports. As such, the dual form of citation to, for example, McCulloch v. Maryland is 17 U.S. (4 Wheat.) 316 (1819).

Justices of the Supreme Court at the time of 17 U.S. (4 Wheat.)

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 17 U.S. (4 Wheat.) were decided, the Court comprised these seven justices:

PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
(Vote)
Tenure on Supreme Court
John MarshallOliver 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)

Notable Cases in 17 U.S. (4 Wheat.)

McCulloch v. Maryland

McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819), is a landmark U.S. Supreme Court decision that defined the scope of the U.S. Congress's legislative power and how it relates to the powers of American state legislatures. The dispute in McCulloch involved the legality of the national bank and a tax that the state of Maryland imposed on it. In its ruling, the Supreme Court established that the "Necessary and Proper" Clause of the U.S. Constitution gives the U.S. federal government certain implied powers that are not explicitly enumerated in the Constitution, and that the American federal government is supreme over the states, and so states' ability to interfere with the federal government is limited.

Sturges v. Crowninshield

Sturges v. Crowninshield, 17 U.S. (4 Wheat.) 122 (1819), dealt with the constitutionality of New York having passed bankruptcy laws and retroactively applying them.

Dartmouth College v. Woodward

Dartmouth College v. Woodward, 17 U.S. (4 Wheat.) 518 (1819), is a landmark decision in United States corporate law from the United States Supreme Court dealing with the application of the Contracts Clause of the United States Constitution to private corporations. The case arose when the president of Dartmouth College was deposed by its trustees, leading to the New Hampshire legislature attempting to force the college to become a public institution, and so place the ability to appoint trustees in the hands of the governor of New Hampshire. The Supreme Court upheld the durability of the original charter of the college, which pre-dated the creation of the State.

Citation style

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.

List of cases in 17 U.S. (4 Wheat.)

See also: Marshall Court.

NOTE: Some decisions have alternate pagination, indicated by "."

Case NamePage and yearOpinion of the CourtConcurring opinion(s)Dissenting opinion(s)Lower CourtDisposition
Philadelphia Baptist Association v. Hart's Executors 1 (1819) Marshall Story none certification
The Divina Pastora 52 (1819) Marshall none none reversed
Evans v. Phillips 73 (1819) per curiam none none dismissed
Van Ness v. Buel 74 (1819) Story none none affirmed
Williams v. Peyton's Lessee 77 (1819) Marshall none none affirmed
The Experiment 84 (1819) Marshall none none evidentiary decision
Weightman v. Caldwell 85 (1819) Johnson none none affirmed
The Sybil 98 (1819) Marshall none none affirmed
The Caledonian 100 (1819) Story none none affirmed
The Langdon Cheves 103 (1819) Story none none affirmed
The Friendschaft 105 (1819) Story none none affirmed
United States v. Howland 108 (1819) Marshall none none reversed
Sturges v. Crowninshield 122 (1819) Marshall none none certification
M'Millan v. M'Neill 209 (1819) Marshall none none affirmed
Barr v. Gratz's Heirs 213 (1819) Story none none affirmed
Eliason v. Henshaw 225 (1819) Washington none none reversed
Somerville's Executors v. Hamilton 230 (1819) Story none none certification
Bank of Columbia v. Okely 235 (1819) Johnson none none reversed
United States v. Rice 246 (1819) Story none none affirmed
Brown v. Gilman 255 (1819) Marshall none none affirmed
The Estrella 298 (1819) Livingston none none affirmed
Miller ex rel. United States v. Nicholls 311 (1819) Marshall none none dismissed
M'Culloch v. Maryland 316 (1819) Marshall none none reversed
The General Smith 438 (1819) Story none none reversed
M'Iver's Lessee v. Walker 444 (1819) Marshall none none reversed
Orr v. Hodgson 453 (1819) Story none none affirmed
Astor v. Wells 466 (1819) Johnson none none affirmed
McArthur v. Browder 488 (1819) Marshall none none reversed
The Neustra Senora 497 (1819) Johnson none none affirmed
Wheaton v. Sexton's Lessee 503 (1819) Johnson none none reversed
Sergeant's Lessee v. Biddle 508 (1819) Washington none none certification
Boyd's Lessee v. Graves 513 (1819) Duvall none none affirmed
Dartmouth College v. Woodward 518 (1819) Marshall Washington none reversed

See also

External links

Notes and References

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