| 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 72 (5 Wall.) of United States Reports, decided by the Supreme Court of the United States from 1865 to 1867.[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 66th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was John William Wallace. Wallace was Reporter of Decisions from 1863 to 1874, covering volumes 68 through 90 of United States Reports which correspond to volumes 1 through 23 of his Wallace's Reports. As such, the dual form of citation to, for example, Christmas v. Russell is 72 U.S. (5 Wall.) 290 (1866).
Wallace's Reports were the final nominative reports for the US Supreme Court; starting with volume 91, cases were identified simply as "(volume #) U.S. (page #) (year)".
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 72 U.S. (5 Wall.) were decided the Court comprised these nine members:
| Portrait | Justice | Office | Home State | Succeeded | Date confirmed by the Senate (Vote) | Tenure on Supreme Court |
|---|---|---|---|---|---|---|
| Salmon P. Chase | Chief Justice | Ohio | Roger B. Taney | (Acclamation) | – May 7, 1873 (Died) | |
(Acclamation) | – July 5, 1867 (Died) | |||||
| Smith Thompson | (Acclamation) | – November 28, 1872 (Retired) | ||||
| Robert Cooper Grier | Henry Baldwin | (Acclamation) | – January 31, 1870 (Retired) | |||
| Nathan Clifford | Associate Justice | Maine | Benjamin Robbins Curtis | (26–23) | – July 25, 1881 (Died) | |
| Noah Haynes Swayne | Associate Justice | Ohio | John McLean | (38–1) | – January 24, 1881 (Retired) | |
| Samuel Freeman Miller | Associate Justice | Iowa | Peter Vivian Daniel | (Acclamation) | – October 13, 1890 (Died) | |
| David Davis | Associate Justice | Illinois | John Archibald Campbell | (Acclamation) | – March 4, 1877 (Resigned) | |
| Stephen Johnson Field | Associate Justice | California | newly created seat | (Acclamation) | – December 1, 1897 (Retired) | |
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: Chase Court.
| Case Name | Page & year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
|---|---|---|---|---|---|---|
| The Springbok | 1 (1867) | Chase | none | none | multiple | |
| The Peterhoff | 28 (1867) | Chase | none | none | reversed | |
| United States v. Weed | 62 (1867) | Miller | none | none | affirmed | |
| Watson v. Sutherland | 74 (1867) | Davis | none | none | affirmed | |
| Parmelee v. Simpson | 81 (1867) | Davis | none | none | reversed | |
| Woodworth v. Corn E. Ins. Co. | 87 (1867) | Miller | none | none | affirmed | |
| Illinois C.R.R. Co. v. Barron | 90 (1867) | Nelson | none | none | affirmed | |
| Hadden v. Collector | 107 (1867) | Field | none | none | affirmed | |
| Shelton v. Collector | 113 (1867) | Swayne | none | none | affirmed | |
| Stanley v. Colt | 119 (1867) | Nelson | none | none | affirmed | |
| The Dashing Wave | 170 (1867) | Chase | none | none | affirmed | |
| The Science | 178 (1867) | Chase | none | none | affirmed | |
| The Volant | 179 (1867) | Chase | none | none | reversed | |
| The Teresita | 180 (1867) | Chase | none | none | E.D. La. | affirmed |
| The Jenny | 183 (1867) | Chase | none | none | reversed | |
| Ex parte Milwaukee R.R. Co. | 188 (1867) | Miller | none | none | supersedeas granted | |
| Barton v. Forsyth | 190 (1867) | Clifford | none | none | dismissed | |
| Campbell v. City of Kenosha | 194 (1867) | Davis | none | none | reversed | |
| Myers v. Fenn | 205 (1867) | Nelson | none | none | affirmed | |
| Seaver v. Bigelows | 208 (1867) | Nelson | none | none | dismissed | |
| United States v. Repentigny | 211 (1867) | Nelson | none | none | reversed | |
| Croxall v. Shererd | 268 (1867) | Swayne | Miller | none | affirmed | |
| Christmas v. Russell | 290 (1866) | Clifford | none | none | affirmed | |
| Green v. Van Buskirk | 307 (1867) | Miller | none | Nelson | dismissal denied | |
| Dwyer v. Dunbar | 318 (1867) | Swayne | none | none | affirmed | |
| Townsend v. Greeley | 326 (1867) | Field | none | none | affirmed | |
| Townsend v. Burbank | 337 (1867) | Chase | none | none | Cal. | affirmed |
| Francis v. United States | 338 (1867) | Grier | none | none | affirmed | |
| The Gray Jacket I | 342 (1867) | Swayne | none | none | affirmed | |
| The Gray Jacket II | 370 (1867) | Chase | none | none | argument granted | |
| The Hampton | 372 (1867) | Miller | none | none | affirmed | |
| The William Bagaley | 377 (1867) | Clifford | none | none | affirmed | |
| Ewing v. City of St. Louis | 413 (1867) | Field | none | none | affirmed | |
| De Groot v. United States | 419 (1867) | Miller | none | none | affirmed | |
| Nichols v. Levy | 433 (1867) | Swayne | none | none | reversed | |
| United States v. Armijo | 444 (1867) | Field | none | none | affirmed | |
| Serrano v. United States | 451 (1867) | Davis | none | none | reversed | |
| License Tax Cases | 462 (1867) | Chase | none | none | multiple | revenue statues upheld |
| Pervear v. Massachusetts | 475 (1867) | Chase | none | none | affirmed | |
| The Eddy | 481 (1867) | Clifford | none | none | affirmed | |
| Hansbrough v. Peck | 497 (1867) | Nelson | none | none | affirmed | |
| Howard Ins. Co. v. Chase | 509 (1867) | Davis | none | none | affirmed | |
| The Sir William Peel | 517 (1867) | Chase | none | none | affirmed | |
| United States v. Pico | 536 (1867) | Field | none | none | affirmed | |
| Merchants' Ins. Co. v. Ritchie | 541 (1867) | Chase | none | none | dismissed | |
| The Bird of Paradise | 545 (1867) | Clifford | none | none | reversed | |
| United States v. Commissioner | 563 (1867) | Nelson | none | none | affirmed | |
| Goodrich v. City of Chicago | 566 (1867) | Swayne | none | none | affirmed | |
| The Pearl | 574 (1867) | Chase | none | none | ship & cargo condemned | |
| Jones v. La Vallette | 579 (1867) | Chase | none | none | dismissed | |
| Washington S. Packet Co. v. Sickles | 580 (1867) | Nelson | none | Miller | reversed | |
| De Haro v. United States | 599 (1867) | Davis | none | none | affirmed | |
| The Sea Lion | 630 (1867) | Swayne | none | Grier | affirmed | |
| United States v. MacDonald | 647 (1867) | Clifford | none | none | affirmed | |
| Milwaukee & M.R.R. Co. v. Soutter | 660 (1867) | Miller | none | none | reversed | |
| Thompson v. Riggs | 663 (1867) | Clifford | none | none | affirmed | |
| Wolcott v. Des Moines Co. | 681 (1867) | Nelson | none | none | affirmed | |
| Nash v. Towne | 689 (1867) | Clifford | none | none | affirmed | |
| City of Galena v. Amy | 705 (1867) | Swayne | none | none | affirmed | |
| Bates v. Brown | 710 (1867) | Swayne | none | none | affirmed | |
| City of Philadelphia v. Collector | 720 (1867) | Clifford | none | none | affirmed | |
| Kansas Indians Cases | 737 (1867) | Davis | none | none | reversed | |
| New York Indians | 761 (1867) | Nelson | none | none | reversed | |
| Marshall County v. Schenck | 772 (1867) | Clifford | none | none | affirmed | |
| Kelly v. Crawford | 785 (1867) | Field | none | none | affirmed | |
| O'Neal v. Kirkpatrick | 791 (1867) | Nelson | none | none | affirmed | |
| Deery v. Cray | 795 (1867) | Miller | none | none | reversed | |
| Lee v. Dodge | 808 (1865) | Miller | none | none | reversed | |
| Withenbury v. United States | 819 (1867) | Chase | none | none | dismissal denied | |
| Seymour v. Freer | 822 (1867) | Chase | none | none | dismissal denied | |
| Garrison v. Cass County | 823 (1867) | Chase | none | none | dismissed | |
| Alviso v. United States | 824 (1867) | Chase | none | none | dismissed | |
| German v. United States | 825 (1867) | Chase | none | none | dismissed | |
| Ex parte Milwaukee R.R. Co. | 825 (1867) | Miller | none | none | mandamus granted | |
| Higueras v. United States | 827 (1865) | Clifford | none | none | affirmed | |