List of United States Supreme Court cases, volume 23

This is a list of cases reported in volume 23 of United States Reports, decided by the Supreme Court of the United States in 1825.

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.

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. 395.

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. Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices.
When the cases in 23 U.S. were decided, the Court comprised these seven justices:

Portrait	Justice	Office	Home State	Succeeded	Date confirmed by the Senate	Tenure on Supreme Court
	John Marshall	Chief Justice	Virginia	Oliver Ellsworth		– July 6, 1835
	Bushrod Washington	Associate Justice	Virginia	James Wilson		– November 26, 1829
	William Johnson	Associate Justice	South Carolina	Alfred Moore		– August 4, 1834
	Thomas Todd	Associate Justice	Kentucky	new seat		– February 7, 1826
	Gabriel Duvall	Associate Justice	Maryland	Samuel Chase		– January 12, 1835
	Joseph Story	Associate Justice	Massachusetts	William Cushing		– September 10, 1845
	Smith Thompson	Associate Justice	New York	Henry Brockholst Livingston		– December 18, 1843

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

''The Antelope''

In The Antelope, , 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 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. 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	Dissenting opinion	Lower Court	Disposition
Wayman v. Southard		Marshall	none	none	C.C.D. Ky.	certification
Second Bank of the United States v. Halstead		Thompson	none	none	C.C.D. Ky.	certification
The Antelope		Marshall	none	none	C.C.D. Ga.	multiple
The Plattsburgh		Story	none	none	C.C.S.D.N.Y.	affirmed
Thomas v. Gabrielle		Washington	none	none	C.C.D. Ky.	affirmed
Elmendorf v. Taylor		Marshall	none	none	C.C.D. Ky.	certification
Carneal v. Banks		Marshall	none	none	C.C.D. Ky.	reversed
McCormick v. Sullivant		Washington	none	none	C.C.D. Ohio	affirmed
Wright v. Page		Story	none	none	C.C.D. N.J.	affirmed
United States v. Morris		Thompson	none	none	C.C.S.D.N.Y.	affirmed
The Dos Hermanos		Marshall	none	none	D. La.	affirmed
The Josefa Segunda		Story	none	none	C.C.D. La.	multiple
Second Bank of the United States v. Bank of Georgia		Story	none	none	C.C.D. Ga.	reversed
Keplinger v. De Young		Washington	none	none	C.C.D. Md.	affirmed
De Wolf v. Johnson		Johnson	none	none	C.C.D. Ky.	reversed
Brent v. Davis		Marshall	none	none	C.C.D.C.	reversed
City of Washington v. Young		Marshall	none	none	C.C.D.C.	reversed
Janney v. Columbian Insurance Company		Johnson	none	none	C.C.D.C.	affirmed
Sixty Pipes of Brandy		Johnson	none	none	C.C.D. Mass.	reversed
The Steam-Boat Thomas Jefferson		Story	none	none	C.C.D. Ky.	affirmed
The Santa Maria		Story	none	none	C.C.D. Md.	multiple
Day v. Chism		Marshall	none	none	C.C.D. Tenn.	reversed
McDowell v. Peyton		Marshall	none	none	C.C.D. Ky.	affirmed
Darby's Lessee v. Mayer		Johnson	none	none	C.C.D.W. Tenn.	reversed
Manro v. Almeida		Johnson	none	none	C.C.D. Md.	reversed
The Gran Para		Story	none	none	C.C.D. Md.	affirmed
The Palmyra		Marshall	none	none	C.C.D.S.C.	dismissed