This is a list of cases reported in volume 68 (1 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 1863 and 1864.

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 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, ''Gregg v. Von Phul'' is 68 U.S. (1 Wall.) 274 (1864). ''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 68 U.S. (1 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

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...

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). When the cases in 68 U.S. (1 Wall.) were decided the Court comprised these ten members (this was due to the

Tenth Circuit Act of 1863 The Tenth Circuit Act of 1863 () was a federal statute which increased the size of the Supreme Court of the United States from nine justices to ten, and which also reorganized the circuit courts of the federal judiciary. The newly created Tenth C ...

, expanding the Court's membership from nine to ten justices, to date the largest number of active justices in its history):

Notable Case in 68 U.S. (1 Wall.)

''Ex parte Vallandigham''

'' Ex parte Vallandigham''
68 U.S. (1 Wall.) 243 (1864)
is a case involving a former congressman,

Clement Vallandigham Clement Laird Vallandigham ( ; July 29, 1820 – June 17, 1871) was an American politician and leader of the Copperhead faction of anti-war Democrats during the American Civil War. He served two terms for Ohio's 3rd congressional district in t ...

Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...

, who had violated an Army order against the public expression of sympathy for the

Confederate States 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 ...

and their cause. Vallandigham was tried before a military tribunal for

treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

after he delivered an incendiary speech at

Mount Vernon Mount Vernon is an American landmark and former plantation of Founding Father, commander of the Continental Army in the Revolutionary War, and the first president of the United States George Washington and his wife, Martha. The estate is on ...

; he appealed the military verdict to the Supreme Court, arguing that he as a civilian could not be tried before a military tribunal. On appeal, the Supreme Court issued a unanimous ruling refusing to address Vallandigham's main argument that the military tribunal lacked jurisdiction to try him. Instead, they held that the Court was only authorized to take appeals as regulated by Congress – and Congress had never authorized them to take an appeal from a military tribunal, denying Vallandigham's appeal for lack of jurisdiction. ''Ex parte Vallandigham'' was cited by the Supreme Court in several important 20th Century cases, for example, '' Ex parte Quirin'', and '' Youngstown Sheet & Tube Co. v. Sawyer''.

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.

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 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." =

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 68 U.S. (1 Wall.)

Notes and references

External links

Case reports in volume 68 (1 Wall.) from Library of Congress

Case reports in volume 68 (1 Wall.) from Court Listener

Case reports in volume 68 (1 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 68 (1 Wall.) from Google Scholar

Case reports in volume 68 (1 Wall.) from Justia

Case reports in volume 68 (1 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 1863 in United States case law 1864 in United States case law