| 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 73 (6 Wall.) of United States Reports, decided by the Supreme Court of the United States in 1867 and 1868.[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, Prentice v. Pickersgill is 73 U.S. (6 Wall.) 511 (1867).
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).
To prevent President Andrew Johnson from appointing any justices, a hostile Congress passed the Judicial Circuits Act of 1866, eliminating three of the ten seats from the Supreme Court as they became vacant, and so potentially reducing the size of the court to seven justices. The vacancy caused by the death of Justice John Catron in 1865 had not been filled, so after Justice James Moore Wayne died in July 1867 there were eight justices left on the court when the cases in 73 U.S. (6 Wall.) were decided:
| 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) | |
| 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) | |
In Crandall v. Nevada, 73 U.S. (6 Wall.) 35 (1868), the Supreme Court held that a state cannot inhibit people from leaving the state by taxing them. A Nevada statute imposed a $1 tax on every person leaving the state by railroad, stage coach, or other vehicles engaged or employed in the business of transporting passengers for hire. The Court reasoned that the right to travel is a fundamental right. The people of the United States constitute one nation, and so no state may impose a tax on a person for the "privilege" of travel from or for passing through it.
In Georgia v. Stanton, 73 U.S. (6 Wall.) 50 (1868), the Supreme Court held that it does not have jurisdiction over the political question of enforcement of the Reconstruction Acts against southern states. The case involved the federal government annulling state governments and replacing them with new ones.
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 |
|---|---|---|---|---|---|---|
| Mauran v. Alliance Ins. Co. | 1 (1868) | Nelson | none | Chase | affirmed | |
| Haight v. Pittsburgh et al. R.R. Co. | 15 (1868) | Grier | none | none | affirmed | |
| The Amelie | 18 (1868) | Davis | none | none | affirmed | |
| Southern S.S. Co. v. Port of New Orleans | 31 (1867) | Chase | none | none | reversed | |
| Crandall v. Nevada | 35 (1868) | Miller | none | Clifford | reversed | |
| Georgia v. Stanton | 50 (1868) | Nelson | Chase | none | dismissed | |
| Lukins v. Aird | 78 (1867) | Davis | none | none | reversed | |
| Wood v. Steele | 80 (1867) | Swayne | none | none | affirmed | |
| Wilson v. Wall | 83 (1867) | Grier | none | none | reversed | |
| The Watchful | 91(1868) | Miller | none | none | multiple | |
| Wicker v. Hoppock | 94 (1867) | Swayne | none | none | affirmed | |
| United States v. Adams | 101 (1868) | Miller | none | none | dismissal denied | |
| League v. Atchison | 112 (1868) | Grier | none | none | reversed | |
| Osterman v. Baldwin | 116 (1867) | Davis | none | none | E.D. Tex. | affirmed |
| Walker v. Villavaso | 124 (1868) | Nelson | none | none | dismissed | |
| Aetna Ins. Co. v. Webster | 129 (1868) | Chase | none | none | affirmed | |
| Thompson v. Central O.R.R. Co. | 134 (1868) | Davis | none | none | reversed | |
| West v. City of Aurora | 139 (1868) | Chase | none | none | affirmed | |
| Rector v. Ashley | 142 (1867) | Miller | none | none | affirmed | |
| Providence R. Co. v. Goodyear | 153 (1868) | Chase | none | none | dismissal denied | |
| Savery v. Sypher | 157 (1868) | Davis | none | none | affirmed | |
| Reichart v. Felps | 160 (1868) | Grier | none | none | affirmed | |
| Riggs v. Johnson Cnty. | 166 (1868) | Clifford | none | Miller | reversed | |
| Weber v. Lee Cnty. | 210 (1868) | Clifford | none | none | reversed | |
| The Rock Island R.R.B. | 213 (1867) | Field | none | none | affirmed | |
| The Hypodame | 216 (1868) | Grier | none | none | affirmed | |
| The Vanderbilt | 225 (1868) | Clifford | none | none | affirmed | |
| Mason v. Eldred | 231 (1868) | Field | none | none | certification | |
| Georgia v. Grant | 241 (1868) | Chase | none | none | original | continued |
| The Sea Witch | 242 (1868) | Chase | none | none | affirmed | |
| McClane v. Boon | 244 (1868) | Nelson | none | none | dismissed | |
| Agricultural Co. v. Pierce Cnty. | 246 (1867) | Miller | none | none | dismissed | |
| City of Nashville v. Cooper | 247 (1868) | Swayne | none | none | reversed | |
| Andrews v. Hensler | 254 (1867) | Field | none | none | affirmed | |
| Millingar v. Hartupee | 258 (1868) | Chase | none | none | dismissed | |
| The Flying Scud | 263 (1867) | Nelson | none | none | multiple | |
| The Adela | 266 (1868) | Chase | none | none | affirmed | |
| Slater v. Maxwell | 268 (1868) | Field | none | none | reversed | |
| Lum v. Robertson | 277 (1867) | Davis | none | none | affirmed | |
| Barney v. City of Baltimore | 280 (1868) | Miller | none | Clifford | reversed | |
| United States ex rel. Crawford v. Addison | 291 (1868) | Field | none | none | reversed | |
| Clements v. Moore | 299 (1868) | Swayne | none | none | reversed | |
| Thompson v. Bowman | 316 (1867) | Field | none | none | reversed | |
| Ex parte McCardle | 318 (1868) | Chase | none | none | dismissal denied | |
| Selz v. Unna | 327 (1868) | Clifford | none | none | affirmed | |
| Lorings v. Marsh | 337 (1868) | Nelson | none | none | affirmed | |
| Mussina v. Cavazos | 355 (1867) | Miller | none | none | dismissal denied | |
| Grisar v. McDowell | 363 (1868) | Field | none | none | affirmed | |
| The Victory | 382 (1868) | Miller | none | none | dismissed | |
| United States v. Hartwell | 385 (1868) | Swayne | none | Miller | certification | |
| Stark v. Starrs | 402 (1868) | Field | none | none | reversed | |
| Turton v. Dufief | 420 (1868) | Grier | none | none | affirmed | |
| Mumford v. Wardwell | 423 (1867) | Clifford | none | none | affirmed | |
| Silver v. Ladd | 440 (1868) | Chase | none | none | dismissal denied | |
| The Grace Girdler | 441 (1867) | Chase | none | none | dismissal denied | |
| White v. Cannon | 443 (1868) | Field | none | none | affirmed | |
| Kail v. Wetmore | 451 (1868) | Nelson | none | none | dismissed | |
| Vose v. Bronson | 452 (1868) | Davis | none | none | affirmed | |
| Alviso v. United States | 457 (1868) | Nelson | none | none | appeal reinstated | |
| Doe v. Considine | 458 (1868) | Swayne | none | Grier | affirmed | |
| Walkley v. City of Muscatine | 481 (1868) | Nelson | none | none | affirmed | |
| United States v. Eckford | 484 (1868) | Clifford | none | none | reversed | |
| Foley v. Smith | 492 (1868) | Miller | none | none | affirmed | |
| City of Washington v. Dennison | 495 (1868) | Nelson | none | none | supersedeas denied | |
| Ex parte de Groot | 497 (1868) | Nelson | none | none | mandamus denied | |
| The Battle | 498 (1868) | Nelson | none | none | affirmed | |
| Gardner v. Collector | 499 (1868) | Miller | none | none | affirmed | |
| Prentice v. Pickersgill | 511 (1868) | Chase | none | none | affirmed | |
| United States v. City of Keokuk I | 514 (1868) | Clifford | none | none | reversed | |
| United States v. City of Keokuk II | 518 (1868) | Clifford | none | none | reversed | |
| The Ouachita Cotton | 521 (1868) | Swayne | none | none | affirmed | |
| Hanger v. Abbott | 532 (1868) | Clifford | none | none | affirmed | |
| Clark v. United States | 543 (1868) | Miller | none | none | Ct. Cl. | reversed |
| Tome v. Dubois | 548 (1868) | Clifford | none | none | affirmed | |
| Aetna Ins. Co. v. Hallock | 556 (1868) | Miller | none | none | affirmed | |
| South F.C. Co. v. Gordon | 561 (1868) | Swayne | none | Field | reversed | |
| United States v. Alire | 573 (1868) | Nelson | none | none | reversed | |
| Roberts v. Graham | 578 (1868) | Swayne | none | none | affirmed | |
| The Wren | 582 (1868) | Nelson | none | none | reversed | |
| Stearns v. United States | 589 (1868) | Swayne | none | none | affirmed | |
| Society for Sav. v. Coite | 594 (1868) | Clifford | none | Chase | affirmed | |
| Provident Inst. v. Massachusetts | 611 (1868) | Clifford | none | Chase | affirmed | |
| Hamilton Mfg. Co. v. Massachusetts | 632 (1868) | Clifford | none | Chase | affirmed | |
| Gaines v. City of New Orleans | 642 (1868) | Davis | none | none | reversed | |
| Gaines v. De la Croix | 719 (1868) | Davis | none | none | reversed | |
| Williamson v. Suydam | 723 (1868) | Clifford | none | none | affirmed | |
| Crawshay v. Soutter | 739 (1868) | Davis | none | none | C.C.D. Wis. | affirmed |
| Minnesota R.R. Co. v. Milwaukee & S.P.R.R. Co. | 742 (1868) | Nelson | none | none | C.C.D. Wis. | affirmed |
| Fleming v. Soutter | 747 (1868) | Nelson | none | none | C.C.D. Wis. | affirmed |
| Milwaukee & M.R.R. Co. v. Chamberlain | 748 (1868) | Nelson | none | none | multiple | |
| La Crosse & M.R.R. Co. v. James | 750 (1868) | Nelson | none | none | affirmed | |
| James v. Railroad Co. | 752 (1868) | Nelson | none | none | various | |
| Smith v. Cockrill | 756 (1868) | Nelson | none | none | affirmed | |
| Union Ins. Co. v. United States | 759 (1868) | Chase | none | none | reversed | |
| Armstrong's Foundry | 766 (1868) | Chase | none | none | reversed | |
| United States v. Hart | 770 (1868) | Nelson | none | none | affirmed | |
| Cavazos v. Trevino | 773 (1868) | Swayne | none | none | affirmed | |
| Strong v. United States | 788 (1867) | Clifford | none | none | affirmed | |