This is a list of cases reported in volume 21 (8 Wheat.) 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 tribunals in the United States, federal court cases, and over Stat ...

in 1823.

Nominative reports

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

case reports In medicine, a case report is a detailed report of the symptoms, signs, diagnosis, treatment, and follow-up of an individual patient. Case reports may contain a demographic profile of the patient, but usually describe an unusual or novel occurrence ...

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 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 volu ...

was

Henry Wheaton Henry Wheaton (November 27, 1785 – March 11, 1848) was a United States lawyer, jurist and diplomat. He was the third reporter of decisions for the United States Supreme Court, the first U.S. minister to Denmark, and the second U.S. minister to ...

. 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, ''Sexton v. Wheaton'' is 21 U.S. (8 Wheat.) 229 (1823).

Justices of the Supreme Court at the time of 21 U.S. (8 Wheat.)

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 nati ...

, 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 The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Sec ...

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,

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, ten, and back to

justices (always including one chief justice). When the cases in 21 U.S. (8 Wheat.) were decided, the Court comprised these seven justices:

Notable Case in 21 U.S. (8 Wheat.)

George Catlin - Ni-a-có-mo, Fix With the Foot, a Brave - 1985

''Johnson's Lessee v. M'Intosh''

'' Johnson's Lessee v. M'Intosh''
21 U.S. (8 Wheat.) 543 (1823)
is a landmark decision of the U.S. Supreme Court which held private citizens could not purchase lands from Native Americans. The litigation began when the successor in interest to a private purchase from the

Piankeshaw The Piankeshaw, Piankashaw or Pianguichia were members of the Miami tribe who lived apart from the rest of the Miami nation, therefore they were known as Peeyankihšiaki ("splitting off" from the others, Sing.: ''Peeyankihšia'' - "Piankeshaw Per ...

attempted to maintain an action of

ejectment Ejectment is a common law term for civil action to recover the possession of or title to land. It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary dis ...

against the holder of a federal

land patent A land patent is a form of letters patent assigning official ownership of a particular tract of land that has gone through various legally-prescribed processes like surveying and documentation, followed by the letter's signing, sealing, and publi ...

. The case is one of the most influential decisions of the

Marshall Court The Marshall Court refers to the Supreme Court of the United States from 1801 to 1835, when John Marshall served as the fourth Chief Justice of the United States. Marshall served as Chief Justice until his death, at which point Roger Taney t ...

. Marshall's opinion lays down the foundations of the doctrine of

aboriginal title in the United States The United States was the first jurisdiction to acknowledge the common law doctrine of aboriginal title (also known as "original Indian title" or "Indian right of occupancy"). Native American tribes and nations establish aboriginal title by act ...

, and the related doctrine of discovery. What the opinion holds as to

aboriginal title Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal titl ...

is that it is

inalienable ''InAlienable'' is a 2007 science fiction film with horror and comic elements, written and executive produced by Walter Koenig, and directed by Robert Dyke. It was the first collaboration of Koenig and Dyke since their 1989 production of ''Moon ...

, a principle that remains well-established law in nearly all

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jurisdictions.

Citation style

Under the

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 Su ...

(''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 ''The Bluebook: A Uniform System of Citation'' is a style guide that prescribes the most widely used legal citation system in the United States. It is taught and used at a majority of U.S. law schools and is also used in a majority of federal ...

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 The United States District Court for the District of Massachusetts (in case citations, D. Mass.) is the federal district court whose territorial jurisdiction is the Commonwealth of Massachusetts, United States. The first court session was he ...

* "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 appeal ...

* "Ct. Cl." =

United States Court of Claims The Court of Claims was a federal court that heard claims against the United States government. It was established in 1855, renamed in 1948 to the United States Court of Claims (), and abolished in 1982. Then, its jurisdiction was assumed by the n ...

* 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 The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It also claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme Ju ...

** ''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 21 U.S. (8 Wheat.)

Notes and references

External links

Case reports in volume 21 (8 Wheat.) from Court Listener

Case reports in volume 21 (8 Wheat.) 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 c ...

Case reports in volume 21 (8 Wheat.) from Google Scholar

Case reports in volume 21 (8 Wheat.) from Justia

Case reports in volume 21 (8 Wheat.) 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 1823 in United States case law