Supreme Court of the United States
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789 (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

This is a list of cases reported in volume 37 (12 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1838.[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").

Richard Peters, Jr.

Starting with the 26th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Richard Peters, Jr. Peters was Reporter of Decisions from 1828 to 1843, covering volumes 26 through 41 of United States Reports which correspond to volumes 1 through 16 of his Peters's Reports. As such, the dual form of citation to, for example, United States v. Coombs is 37 U.S. (12 Pet.) 72 (1838).

Justices of the Supreme Court at the time of 37 U.S. (12 Pet.)

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 37 U.S. (12 Pet.) were decided, the Court for the first time comprised nine justices, its membership having been expanded under the Eighth and Ninth Circuits Act of 1837; they were:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
(Vote)
Tenure on Supreme Court
Roger B. TaneyChief JusticeMarylandJohn Marshall March 15, 1836
(29–15)
March 28, 1836

October 12, 1864
(Died)
Joseph Story
Associate JusticeMassachusettsWilliam Cushing November 18, 1811
(Acclamation)
February 3, 1812

September 10, 1845
(Died)
Smith ThompsonAssociate JusticeNew YorkHenry Brockholst Livingston December 9, 1823
(Acclamation)
September 1, 1823

December 18, 1843
(Died)
John McLeanAssociate JusticeOhioRobert Trimble March 7, 1829
(Acclamation)
January 11, 1830

April 4, 1861
(Died)
Henry BaldwinAssociate JusticePennsylvaniaBushrod Washington January 6, 1830
(41–2)
January 18, 1830

April 21, 1844
(Died)
James Moore WayneAssociate JusticeGeorgiaWilliam Johnson January 9, 1835
(Acclamation)
January 14, 1835

July 5, 1867
(Died)
Philip P. BarbourAssociate Justice

Virginia

Gabriel Duvall March 15, 1836
(30–11)
May 12, 1836

February 25, 1841
(Died)
John CatronAssociate JusticeTennesseenewly-created seat March 8, 1837
(28–15)
May 1, 1837

May 30, 1865
(Died)
John McKinleyAssociate JusticeAlabamanewly-created seat September 25, 1837
(Acclamation)
January 9, 1838

July 19, 1852
(Died)

Notable Case in 37 U.S. (12 Pet.)

Daniel Webster

Rhode Island v. Massachusetts

In Rhode Island v. Massachusetts, 37 U.S. (12 Pet.) 755 (1838), the Supreme Court asserted its original jurisdiction in a case involving one state against another over their shared border. The case involved a boundary dispute between Massachusetts and Rhode Island dating back to colonial times. Daniel Webster was involved in the case, representing Massachusetts.

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.

List of cases in 37 U.S. (12 Pet.)

Case Name Page and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition of case
United States v. Laub1 (1838)ThompsonnonenoneC.C.D.C.affirmed
Swayze's Lessee v. Burke11 (1838)McLeannonenoneW.D. Pa.reversed
Benton v. Woolsey27 (1838)TaneynonenoneN.D.N.Y.affirmed
Second Bank of the United States v. Daniel32 (1838)CatronnonenoneC.C.D. Ky.reversed
Bradstreet v. Thomas59 (1838)TaneynonenoneN.D.N.Y.dismissal denied
M'Kinney v. Carroll66 (1838)McKinleynonenoneKy.dismissed
United States v. Coombs72 (1838)StorynonenoneC.C.S.D.N.Y.certification
M'Niel v. Holbrook84 (1838)TaneynonenoneC.C.D. Ga.affirmed
Town of Georgetown v. Alexandria Canal Company91 (1838)BarbournonenoneC.C.D.C.affirmed
West v. Brashear101 (1838)TaneynonenoneC.C.D. Ky.dismissal denied
Beaston v. Farmers' Bank102 (1838)McKinleynoneStoryMd.affirmed
Wilson's Heirs v. Life and Fire Insurance Company of New York140 (1838)TaneynonenoneE.D. La.dismissed
Sarchet v. United States143 (1838)TaneynonenoneC.C.S.D.N.Y.dismissed
Scott v. Lloyd145 (1838)McLeannonenoneC.C.D.C.affirmed
Zacharie v. Franklin151 (1838)BarbournonenoneE.D. La.affirmed
Clarke v. Mathewson164 (1838)StorynonenoneC.C.D.R.I.reversed
Clarke v. White178 (1838)CatronnonenoneC.C.D.C.affirmed
Stelle v. Carroll201 (1838)TaneynonenoneC.C.D.C.affirmed
Adams, Cunningham and Company v. Jones207 (1838)StorynonenoneC.C.D.W. Tenn.certification
United States v. Mills' Heirs215 (1838)WaynenonenoneFla. Super. Ct.reversed
Levy v. Arredondo218 (1838)per curiamnonenoneCt. App. Terr. Fla.reversed
Rogers v. Batchelor221 (1838)StorynonenoneD. Miss.affirmed
Lyon v. Auchincloss and Company234 (1838)McLeannonenoneE.D. La.affirmed
White v. Turk238 (1838)McKinleynonenoneC.C.D.E. Tenn.dismissed
Jenkins v. Pye241 (1838)ThompsonCatronnoneC.C.D.C.reversed
Galloway v. Finley264 (1838)CatronnonenoneC.C.W.D. Pa.affirmed
Toland v. Sprague300 (1838)BarbourTaney; Baldwin; WayneTaney; Baldwin; WayneC.C.E.D. Pa.certification
Ex parte Story339 (1838)TaneynonenoneE.D. La.mandamus denied
Hepburn v. Dubois345 (1838)BaldwinnonenoneW.D. Pa.affirmed
Bradlie v. Maryland Insurance Company378 (1838)StorynonenoneC.C.D. Md.affirmed
Strother v. Lucas410 (1838)BaldwinCatronnoneD. Mo.affirmed
Ex parte Poultney472 (1838)TaneynonenoneE.D. La.show cause denied
United States v. Kingsley476 (1838)WaynenonenoneFla. Super. Ct.reversed
Ex parte Sibbald488 (1838)BaldwinnonenoneFla. Super. Ct.decree granted
Reynolds v. Douglass497 (1838)McLeannonenoneD. Miss.reversed
Choteau v. Marguerite507 (1838)per curiamnonenoneMo.dismissed
Garcia v. Lee511 (1838)TaneynonenoneE.D. La.affirmed
Kendall v. United States ex rel. Stokes524 (1838)ThompsonnoneTaney, BarbourC.C.D.C.affirmed
United States v. Delespine's Heirs654 (1838)WaynenonenoneFla. Super. Ct.affirmed
Rhode Island v. Massachusetts755 (1838)BaldwinBarbourTaneyoriginaldismissal denied
Massachusetts v. Rhode Island755 (1838)Thompsonnonenoneoriginalwithdrawal of appearance

Notes and references

    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.

    See also

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