| 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 62 (21 How.) of United States Reports, decided by the Supreme Court of the United States in 1858 and 1859.[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 42nd volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Benjamin Chew Howard. Howard was Reporter of Decisions from 1843 to 1860, covering volumes 42 through 65 of United States Reports which correspond to volumes 1 through 24 of his Howard's Reports. As such, the dual form of citation to, for example, New York v. Dibble is 62 U.S. (21 How.) 366 (1859).
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 62 U.S. (21 How.) were decided the Court comprised these nine members:
| Portrait | Justice | Office | Home State | Succeeded | Date confirmed by the Senate (Vote) | Tenure on Supreme Court |
|---|---|---|---|---|---|---|
| John Marshall | (29–15) | – October 12, 1864 (Died) | ||||
(Acclamation) | – April 4, 1861 (Died) | |||||
(Acclamation) | – July 5, 1867 (Died) | |||||
| newly created seat | (28–15) | – May 30, 1865 (Died) | ||||
| Philip P. Barbour | (25–5) | – May 31, 1860 (Died) | ||||
| Smith Thompson | (Acclamation) | – November 28, 1872 (Retired) | ||||
| Robert Cooper Grier | Henry Baldwin | (Acclamation) | – January 31, 1870 (Retired) | |||
| John Archibald Campbell | Associate Justice | Alabama | John McKinley | (Acclamation) | – April 30, 1861 (Resigned) | |
| Nathan Clifford | Associate Justice | Maine | Benjamin Robbins Curtis | (26–23) | – July 25, 1881 (Died) | |
In Ableman v. Booth, 62 U.S. (21 How.) 506 (1859), the Supreme Court determined that state courts cannot issue rulings that contradict the decisions of federal courts, overturning a decision by the Wisconsin Supreme Court. The U.S. Supreme Court held that under the federal Constitution, federal courts hold final power to decide cases arising under the Constitution and federal statutes, and that the states do not have the power to overturn those decisions. Ableman emphasized the dual form of American government and the independence of state and federal courts from each other.
See also: United States district court.
See also: United States court of appeals.
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: Taney Court.
| Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
|---|---|---|---|---|---|---|
| The Steamer Louisiana | 1 (1858) | Campbell | none | Daniel | affirmed | |
| The Propeller Niagara | 7 (1859) | Clifford | none | none | affirmed | |
| Union Insurance Company v. Hoge | 35 (1859) | Nelson | none | Daniel | affirmed | |
| Leggett v. Humphreys | 66 (1859) | Daniel | none | none | affirmed | |
| Richmond v. City of Milwaukee I | 80 (1859) | Taney | none | none | dismissed | |
| Rice v. Minnesota and Northwestern Railroad Company | 82 (1858) | Taney | none | none | annulment denied | |
| Kelsey v. Forsyth | 85 (1858) | Taney | none | none | affirmed | |
| Winans v. New York and Erie Railroad Company | 88 (1859) | Grier | none | Daniel | affirmed | |
| Pennsylvania v. Ravenel | 103 (1858) | Nelson | none | Daniel | affirmed | |
| Covington Drawbridge Company v. Shepherd | 112 (1858) | Catron | none | Daniel | affirmed | |
| Livermore v. Jenckes | 126 (1859) | Wayne | none | none | affirmed | |
| Barreda v. Silsbee | 146 (1859) | Clifford | none | none | affirmed | |
| United States v. Sutter | 170 (1859) | Campbell | none | Clifford | multiple | |
| Cushing v. Owners of Ship John Fraser | 184 (1859) | Taney | none | Nelson; Grier; Clifford | reversed | |
| Insurance Company of the Valley of Virginia v. Mordecai | 195 (1859) | Taney | none | none | dismissed | |
| Philadelphia, Wilmington and Baltimore Railroad Company v. Quigley | 202 (1859) | Campbell | Daniel | none | reversed | |
| Campbell v. Boyreau | 223 (1859) | Taney | none | none | affirmed | |
| French's Lessee v. Spencer | 228 (1859) | Catron | none | none | affirmed | |
| Smith v. Orton | 241 (1859) | Catron | none | none | reversed | |
| Allen v. Newberry | 244 (1859) | Nelson | Daniel | none | affirmed | |
| Maguire v. Card | 248 (1859) | Nelson | none | none | reversed | |
| C. Belcher and Company v. Lawrason | 251 (1859) | Nelson | none | none | C.C.E.D. La. | affirmed |
| Pemberton v. Lockett | 257 (1859) | Nelson | none | none | reversed | |
| Poorman v. Woodward | 266 (1859) | Catron | none | none | affirmed | |
| Doe ex rel. Dickins v. Mahana | 276 (1859) | Catron | none | none | reversed | |
| Hill v. Smith | 283 (1859) | Grier | none | none | reversed | |
| Ford v. Williams | 287 (1858) | Grier | none | none | reversed | |
| Lownsdale v. Parrish | 290 (1859) | Catron | none | none | dismissed | |
| Morehouse v. Phelps | 294 (1859) | Catron | none | none | reversed | |
| Brown v. Huger | 305 (1859) | Daniel | none | none | affirmed | |
| Kendall v. Winsor | 322 (1859) | Daniel | none | none | affirmed | |
| Thomas v. Lawson | 331 (1859) | Daniel | none | none | affirmed | |
| McKinlay v. Morrish | 343 (1859) | Wayne | none | none | affirmed | |
| United States v. City Bank of Columbus | 356 (1859) | Wayne | none | none | C.C.S.D. Ohio | affirmed |
| New York ex rel. Cutler v. Dibble | 366 (1859) | Grier | none | none | affirmed | |
| New York and Liverpool United States Mail Steamship Company v. Rumball | 372 (1859) | Clifford | none | none | affirmed | |
| Montgomery v. Anderson | 386 (1859) | Taney | none | none | reversed | |
| Ballance v. Forsyth | 389 (1859) | Taney | none | none | C.C.N.D. Ill. | reinstatement denied |
| Mason v. Gamble | 390 (1859) | Taney | none | none | dismissed | |
| Richmond v. City of Milwaukee II | 391 (1859) | Taney | none | none | reinstatement denied | |
| Porter v. Foley | 393 (1859) | Taney | none | none | Ky. | dismissed |
| Martin v. Imhsen | 394 (1859) | Grier | none | none | C.C.E.D. La. | affirmed |
| Combs v. Hodge | 397 (1859) | Campbell | none | none | ||
| United States v. Nye | 408 (1859) | Campbell | none | none | reversed | |
| United States v. Bassett | 412 (1859) | Campbell | none | none | reversed | |
| White Water Valley Canal Company v. Vallette | 414 (1859) | Campbell | none | none | affirmed | |
| Easton v. Salisbury | 426 (1859) | McLean | none | none | affirmed | |
| McCarty v. Roots | 432 (1859) | McLean | none | none | affirmed | |
| Pearce v. Madison and Indianapolis Railroad Company | 441 (1859) | Campbell | none | none | affirmed | |
| United States v. Fossatt | 445 (1859) | Campbell | none | none | dismissed | |
| Sturgis v. Clough | 451 (1859) | Grier | none | none | reversed | |
| Western Telegraph Company v. Magnetic Telegraph Company | 456 (1859) | McLean | none | none | affirmed | |
| Western Telegraph Company v. Penniman | 460 (1859) | McLean | none | none | affirmed | |
| Converse v. United States | 463 (1859) | Taney | none | Campbell | reversed | |
| Fenn v. Holme | 481 (1859) | Daniel | none | none | reversed | |
| Clearwater v. Meredith | 489 (1859) | McLean | none | none | reversed | |
| Lea v. Polk County Copper Company | 493 (1859) | Catron | none | Daniel | affirmed | |
| Ableman v. Booth | 506 (1859) | Taney | none | none | reversed | |
| Rogers v. Law | 526 (1859) | McLean | none | none | dismissed | |
| Brittan v. Barnaby | 527 (1859) | Wayne | none | Daniel | reversed | |
| Knox County v. Aspinwall | 539 (1859) | Nelson | none | Daniel | affirmed | |
| Knox County v. Wallace | 546 (1859) | Nelson | none | none | affirmed | |
| Chamberlain v. Ward | 548 (1859) | Clifford | none | Daniel | affirmed | |
| Ward v. Chamberlain | 572 (1859) | Clifford | none | none | affirmed | |
| White v. Vermont and Massachusetts Railroad Company | 575 (1859) | Nelson | none | none | reversed | |
| Walker v. Smith | 579 (1859) | Grier | none | none | affirmed | |
| Barber v. Barber | 582 (1859) | Wayne | none | Daniel | affirmed | |