This is a list of cases reported in volume 74 (7 Wall.) of ''

United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner ...

'', decided by the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

in 1869.

Nominative reports

In 1874, the U.S. government created the ''United States Reports'', and retroactively numbered older privately-published

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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 Nominate reports, also known as nominative reports, named reports and private reports, is a legal term from common law, common-law jurisdictions referring to the various published collections of reports of English law, English cases in various court ...

").

John William Wallace

Starting with the 66th volume of ''U.S. Reports'', the

Reporter of Decisions of the Supreme Court of the United States The reporter of decisions of the Supreme Court of the United States is the official charged with editing and publishing the opinions of the Supreme Court of the United States, both when announced and when they are published in permanent bound vol ...

was

John William Wallace John William Wallace (February 17, 1815 – January 12, 1884) was an American lawyer and the seventh reporter of decisions of the United States Supreme Court, serving from 1863 to 1874. Born in Philadelphia, he graduated from the University of Pe ...

. 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, ''Lincoln v. Clafin'' is 74 U.S. (7 Wall.) 132 (1869). ''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)".

Justices of the Supreme Court at the time of 74 U.S. (7 Wall.)

The Supreme Court is established by Article III, Section 1 of the

Constitution of the United States The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...

, 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

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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). Since 1789 Congress has varied the size of the Court from six to

seven 7 is a number, numeral, and glyph. 7 or seven may also refer to: * AD 7, the seventh year of the AD era * 7 BC, the seventh year before the AD era * The month of July Music Artists * Seven (Swiss singer) (born 1978), a Swiss recording artist ...

nine 9 is a number, numeral, and glyph. 9 or nine may also refer to: Dates * AD 9, the ninth year of the AD era * 9 BC, the ninth year before the AD era * 9, numerical symbol for the month of September Places * Nine, Portugal, a parish in the ...

, ten, and back to

justices (always including one chief justice). To prevent President Andrew Johnson from appointing any justices, a hostile Congress passed the

Judicial Circuits Act The Judicial Circuits Act of 1866 (ch. 210, ) reorganized the United States circuit courts and provided for the gradual elimination of several seats on the Supreme Court of the United States. It was signed into law on July 23, 1866, by President ...

of 1866, eliminating three of the 10 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 John Catron (January 7, 1786 – May 30, 1865) was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1837 to 1865, during the Taney Court. Early and family life Little is known of Catro ...

in 1865 had not been filled, so after Justice

James Moore Wayne James Moore Wayne (1790 – July 5, 1867) was an American attorney, judge and politician who served as an Associate Justice of the Supreme Court of the United States from 1835 to 1867. He previously served as the 16th Mayor of Savannah, Geo ...

died in July 1867 there were eight justices left on the court when the cases in 74 U.S. (7 Wall.) were decided:

Notable Cases in 74 U.S. (7 Wall.)

''Ex parte McCardle''

Ex parte McCardle ''Ex parte McCardle'', 74 U.S. (7 Wall.) 506 (1869), is a United States Supreme Court decision that examines the extent of the jurisdiction of the Supreme Court to review decisions of lower courts under federal statutory law. Case history During ...

''
74 U.S. (7 Wall.) 506 (1869)
arose during the

Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...

Reconstruction Reconstruction may refer to: Politics, history, and sociology *Reconstruction (law), the transfer of a company's (or several companies') business to a new company *'' Perestroika'' (Russian for "reconstruction"), a late 20th century Soviet Unio ...

. Newspaper publisher McCardle circulated "incendiary" articles advocating opposition to the Reconstruction laws enacted by

. He was jailed by a military commander under the Military Reconstruction Act of 1867. McCardle pursued a writ of ''

habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...

'' in a Circuit Court in Mississippi, where he was unsuccessful. He appealed to the Supreme Court under the Habeas Corpus Act of 1867, which granted appellate jurisdiction to review denial of habeas corpus petitions. After the case was argued but before an opinion was delivered, Congress suspended the Supreme Court's jurisdiction over the case, exercising powers granted under Article III, section 2 of the US Constitution to limit the appellate jurisdiction of the Supreme Court. The Court validated congressional withdrawal of the Court's jurisdiction, and so McCardle had no recourse by which to challenge his imprisonment in federal court.

''Texas v. White''

In ''

Texas v. White ''Texas v. White'', 74 U.S. (7 Wall.) 700 (1869), was a case argued before the United States Supreme Court in 1869. The case involved a claim by the Reconstruction government of Texas that United States bonds owned by Texas since 1850 had been ill ...

''
74 U.S. (7 Wall.) 700 (1869)
is one of the most important Supreme Court decisions during the Reconstruction era. It remains influential because of its definition of the legal status of a state and how states relate to each other within the nation. In accepting original jurisdiction under the constitution's jurisdictional grant of state v. state cases, the Court ruled that as a matter of constitutional law Texas had remained a United States

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ever since it first joined the Union despite its later joining the insurrectionist

Confederate States of America The Confederate States of America (CSA), commonly referred to as the Confederate States or the Confederacy was an unrecognized breakaway republic in the Southern United States that existed from February 8, 1861, to May 9, 1865. The Confeder ...

. The Court held that the

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did not permit

s unilaterally to

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from the Union, and that the ordinances of secession and all acts of legislatures in seceding states intended to give effect to such ordinances were void.

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 In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the S ...

(''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.

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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." =

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* "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 The United States District Court for the Middle District of Alabama (in case citations, M.D. Ala.) is a federal court in the Eleventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appea ...

* "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." =

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** ''e.g.,''"Me." =

Supreme Judicial Court of Maine The Maine Supreme Judicial Court is the highest court in the state of Maine's judicial system. It is composed of seven justices, who are appointed by the Governor and confirmed by the Maine Senate. From 1820 until 1839, justices served lifetime ...

List of cases in 74 U.S. (7 Wall.)

Notes and references

External links

Case reports in volume 74 (7 Wall.) from Library of Congress

Case reports in volume 74 (7 Wall.) from Court Listener

Case reports in volume 74 (7 Wall.) from the Caselaw Access Project of

Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...

Case reports in volume 74 (7 Wall.) from Google Scholar

Case reports in volume 74 (7 Wall.) from Justia

Case reports in volume 74 (7 Wall.) from Open Jurist
Website of the United States Supreme Court

United States Courts website about the Supreme Court

* ttps://www.americanbar.org/groups/young_lawyers/publications/after-the-bar/essentials/how-does-the-supreme-court-work/ American Bar Association, How Does the Supreme Court Work?
The Supreme Court Historical Society
{{DEFAULTSORT:United States Supreme Court cases by volume 1869 in United States case law