List of United States Supreme Court cases, volume 23

Supreme Court of the United States
Supreme Court of the United States
	38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W
Established	March 4, 1789; 235 years ago
Location	Washington, D.C.
Coordinates	38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W
Composition method	Presidential nomination with Senate confirmation
Authorised by	Constitution of the United States, Art. III, § 1
Judge term length	life tenure, subject to impeachment and removal
Number of positions	9 (by statute)
Website	supremecourt.gov

This is a list of cases reported in volume 23 (10 Wheat.) of United States Reports, decided by the Supreme Court of the United States in 1825.^[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, Brent v. Davis is 23 U.S. (10 Wheat.) 395 (1825).

Justices of the Supreme Court at the time of 23 U.S. (10 Wheat.)

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 23 U.S. (10 Wheat.) were decided, the Court comprised these seven justices:

Justice	Office	Home State	Succeeded	Date confirmed by the Senate (Vote)	Tenure on Supreme Court
John Marshall	Chief Justice	Virginia	Oliver Ellsworth	January 27, 1801 (Acclamation)	February 4, 1801 – July 6, 1835 (Died)
Bushrod Washington	Associate Justice	Virginia	James Wilson	December 20, 1798 (Acclamation)	November 9, 1798 (Recess Appointment) – November 26, 1829 (Died)
William Johnson	Associate Justice	South Carolina	Alfred Moore	March 24, 1804 (Acclamation)	May 7, 1804 – August 4, 1834 (Died)
Thomas Todd	Associate Justice	Kentucky	new seat	March 2, 1807 (Acclamation)	March 3, 1807 – February 7, 1826 (Died)
Gabriel Duvall	Associate Justice	Maryland	Samuel Chase	November 18, 1811 (Acclamation)	November 23, 1811 – January 12, 1835 (Resigned)
Joseph Story	Associate Justice	Massachusetts	William Cushing	November 18, 1811 (Acclamation)	February 3, 1812 – September 10, 1845 (Died)
Smith Thompson	Associate Justice	New York	Henry Brockholst Livingston	December 9, 1823 (Acclamation)	September 1, 1823 – December 18, 1843 (Died)

Notable Case in 23 U.S. (10 Wheat.)

*The Slave Ship*, an 1840 painting by J. M. W. Turner

The Antelope

In The Antelope, 23 U.S. (10 Wheat.) 66 (1825), the Supreme Court considered, for the first time, the legitimacy of the Atlantic slave trade.

Citation style

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.

"C.C.D." = United States Circuit Court for the District of . . .
- e.g.,"C.C.D.N.J." = United States Circuit Court for the District of New Jersey
"D." = United States District Court for the District of . . .
- e.g.,"D. Mass." = United States District Court for the District of Massachusetts
"E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western
- e.g.,"C.C.S.D.N.Y." = United States Circuit Court for the Southern District of New York
- e.g.,"M.D. Ala." = United States District Court for the Middle District of Alabama
"Ct. Cl." = United States Court of Claims
The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time.
- e.g.,"Pa." = Supreme Court of Pennsylvania
- e.g.,"Me." = Supreme Judicial Court of Maine

List of cases in 23 U.S. (10 Wheat.)

Case Name	Page & year	Opinion of the Court	Concurring opinion(s)	Dissenting opinion(s)	Lower Court	Disposition
Wayman v. Southard	1 (1825)	Marshall	none	none	C.C.D. Ky.	certification
Second Bank of the United States v. Halstead	51 (1825)	Thompson	none	none	C.C.D. Ky.	certification
The Antelope	66 (1825)	Marshall	none	none	C.C.D. Ga.	multiple
The Plattsburgh	133 (1825)	Story	none	none	C.C.S.D.N.Y.	affirmed
Thomas v. Gabrielle	146 (1825)	Washington	none	none	C.C.D. Ky.	affirmed
Elmendorf v. Taylor	152 (1825)	Marshall	none	none	C.C.D. Ky.	certification
Carneal v. Banks	181 (1825)	Marshall	none	none	C.C.D. Ky.	reversed
McCormick v. Sullivant	192 (1825)	Washington	none	none	C.C.D. Ohio	affirmed
Wright v. Page	204 (1825)	Story	none	none	C.C.D. N.J.	affirmed
United States v. Morris	246 (1825)	Thompson	none	none	C.C.S.D.N.Y.	affirmed
The Dos Hermanos	306 (1825)	Marshall	none	none	D. La.	affirmed
The Josefa Segunda	312 (1825)	Story	none	none	C.C.D. La.	multiple
Second Bank of the United States v. Bank of Georgia	333 (1825)	Story	none	none	C.C.D. Ga.	reversed
Keplinger v. De Young	358 (1825)	Washington	none	none	C.C.D. Md.	affirmed
De Wolf v. Johnson	367 (1825)	Johnson	none	none	C.C.D. Ky.	reversed
Brent v. Davis	395 (1825)	Marshall	none	none	C.C.D.C.	reversed
City of Washington v. Young	406 (1825)	Marshall	none	none	C.C.D.C.	reversed
Janney v. Columbian Insurance Company	411 (1825)	Johnson	none	none	C.C.D.C.	affirmed
Sixty Pipes of Brandy	421 (1825)	Johnson	none	none	C.C.D. Mass.	reversed
The Steamboat Thomas Jefferson	428 (1825)	Story	none	none	C.C.D. Ky.	affirmed
The Santa Maria	431 (1825)	Story	none	none	C.C.D. Md.	multiple
Day v. Chism	449 (1825)	Marshall	none	none	C.C.D. Tenn.	reversed
McDowell v. Peyton	454 (1825)	Marshall	none	none	C.C.D. Ky.	affirmed
Darby's Lessee v. Mayer	465 (1825)	Johnson	none	none	C.C.D.W. Tenn.	reversed
Manro v. Almeida	473 (1825)	Johnson	none	none	C.C.D. Md.	reversed
The Gran Para	497 (1825)	Story	none	none	C.C.D. Md.	affirmed
The Palmyra	502 (1825)	Marshall	none	none	C.C.D.S.C.	dismissed

Notes and references

^ Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.

External links

[1] Case reports in volume 23 (10 Wheat.) from Court Listener
[2] Case reports in volume 23 (10 Wheat.) from the Caselaw Access Project of Harvard Law School
[3] Case reports in volume 23 (10 Wheat.) from Google Scholar
[4] Case reports in volume 23 (10 Wheat.) from Justia
[5] Case reports in volume 23 (10 Wheat.) from Open Jurist
Website of the United States Supreme Court
United States Courts website about the Supreme Court
National Archives, Records of the Supreme Court of the United States
American Bar Association, How Does the Supreme Court Work?
The Supreme Court Historical Society

[1] Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.

[2] "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.

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