| 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 7 (3 Cranch) of United States Reports, decided by the Supreme Court of the United States in 1805 and 1806.[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 complete citation to, for example, Peyton v. Brooke is 7 U.S. (3 Cranch) 92 (1805).
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 7 U.S. (3 Cranch) were decided, the Court comprised these six 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) | |||
| William Cushing | original seat established | (Acclamation) | – September 13, 1810 (Died) | |||
| William Paterson | Thomas Johnson | (Acclamation) | – September 8, 1806 (Died) | |||
| Samuel Chase | John Blair, Jr. | (Acclamation) | – June 19, 1811 (Died) | |||
| Bushrod Washington | James Wilson | (Acclamation) | (Recess Appointment) – November 26, 1829 (Died) | |||
| William Johnson | Alfred Moore | (Acclamation) | – August 4, 1834 (Died) | |||
In United States v. More, 7 U.S. (3 Cranch) 159 (1805), the Court held it had no jurisdiction to hear appeals from criminal cases in the circuit courts by writs of error. Relying on the Exceptions Clause, the Supreme Court held that Congress's enumerated grants of appellate jurisdiction to the Court operated as an exercise of Congress's power to eliminate all other forms of appellate jurisdiction.More ensured that the Court's criminal jurisprudence would be limited to writs of error from the state (and later, territorial) courts, habeas petitions, and writs of error from habeas petitions in the circuit courts, and certificates of division and mandamus from the circuit courts. Congress did not grant the Court jurisdiction to hear writs of error from the circuit courts in criminal cases until 1889, for capital crimes, and 1891, for other "infamous" crimes. The Judicial Code of 1911 abolished the circuit courts, transferred the trial of crimes to the district courts, and extended the Supreme Court's appellate jurisdiction to all crimes.[3] But, these statutory grants were construed not to permit writs of error filed by the prosecution, as in More.[4]
In Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267 (1806) the Supreme Court first addressed the question of complete diversity for diversity jurisdiction. In a brief opinion the Court held that for federal diversity jurisdiction, under section 11 of the Judiciary Act of 1789, no party on one side of a suit may be a citizen of the same state as any party on the other side. Therefore, when there are joint plaintiffs or defendants, jurisdiction must be established as to each individual party. That requirement remains acceptable in law as a matter of statutory interpretation, not constitutional command.[5]
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 & year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower court | Disposition |
|---|---|---|---|---|---|---|
| Huidekoper's Lessee v. Douglass | 1 (1805) | Marshall | Johnson | none | certification | |
| United States v. Hooe | 73 (1805) | Marshall | none | none | multiple | |
| Peyton v. Brooke | 92 (1805) | Marshall | none | none | affirmed | |
| Lambert's Lessee v. Paine | 97 (1805) | Johnson | Washington, Paterson, Cushing | none | affirmed | |
| Hodgson v. Butts | 140 (1805) | Marshall | none | none | affirmed | |
| United States v. More | 159 (1805) | Marshall | none | none | dismissed | |
| Faw v. Roberdeau's Executor | 174 (1805) | Marshall | none | none | reversed | |
| Ray v. Law | 179 (1805) | Marshall | none | none | appeal allowed | |
| Levy v. Gadsby | 180 (1805) | Marshall | none | none | affirmed | |
| Marine Insurance Company v. Wilson | 187 (1805) | Washington | Paterson | none | affirmed | |
| Wilson v. Codman's Executor | 193 (1805) | Marshall | none | none | affirmed | |
| Hallet v. Jenks | 210 (1805) | Marshall | none | none | affirmed | |
| Milligan v. Milledge | 220 (1805) | Marshall | none | none | reversed | |
| Cooke v. Graham's Administrator | 229 (1805) | Marshall | none | none | reversed | |
| Dobynes v. United States | 241 (1806) | per curiam | none | none | reversed | |
| Hannay v. Eve | 242 (1806) | Marshall | none | none | affirmed | |
| Silsby v. Young | 249 (1806) | Marshall | none | none | reversed | |
| Montalet v. Murray | 249 (1806) | Marshall | none | none | not indicated | dismissed |
| Strawbridge v. Curtiss | 267 (1806) | Marshall | none | none | affirmed | |
| Gordon v. Caldcleugh | 268 (1806) | Marshall | none | none | dismissed | |
| McFerran v. Taylor | 270 (1806) | Marshall | none | none | reversed | |
| Wilson v. Speed | 283 (1806) | Marshall | none | none | reversed | |
| Buddicum v. Kirk | 293 (1806) | Marshall | none | none | affirmed | |
| Douglass v. McAllister | 298 (1806) | Marshall | none | none | affirmed | |
| Simms v. Slacum | 300 (1806) | Marshall | none | Paterson | reversed | |
| Harris v. Johnston | 311 (1806) | Marshall | none | none | reversed | |
| Dixon's Executors v. Ramsay's Executors | 319 (1806) | Marshall | none | none | affirmed | |
| Scott v. London | 324 (1806) | Marshall | none | none | reversed | |
| Wise v. Withers | 331 (1806) | Marshall | none | none | reversed | |
| United States v. Grundy | 337 (1806) | Marshall | none | none | affirmed | |
| Marine Insurance Company v. Tucker | 357 (1806) | Johnson | Washington, Cushing, Paterson | none | affirmed | |
| United States v. Heth | 399 (1806) | Johnson | Washington, Paterson, Cushing | none | certification | |
| Manella, Pujals and Company v. Barry | 415 (1806) | Marshall | none | none | affirmed | |
| Ex parte Burford | 448 (1806) | Marshall | none | none | prisoner discharged | |
| Hopkirk v. Bell | 454 (1806) | per curiam | none | none | certification | |
| Maley v. Shattuck | 458 (1806) | Marshall | none | none | reversed | |
| Lawrason v. Mason | 492 (1806) | Marshall | none | none | affirmed | |
| Knox v. Summers | 496 (1806) | Washington | none | none | reversed | |
| Sands v. Knox | 499 (1806) | Marshall | none | none | affirmed | |
| Randolph v. Ware | 503 (1806) | Paterson | Cushing | none | affirmed | |
| Winchester v. Jackson | 514 (1806) | per curiam | none | none | not indicated | dismissed |
| Field v. Milton | 514 (1806) | per curiam | none | none | not indicated | certiorari granted |