List of United States Supreme Court cases, volume 53


This is a list of cases reported in volume 53 of United States Reports, decided by the Supreme Court of the United States in 1851 and 1852.

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.

Benjamin Chew Howard

Starting with the 42nd volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Benjamin Chew Howard. Howard was Reporter of Decisions from 1843 to 1860, covering volumes 42 through 65 of United States Reports which correspond to volumes 1 through 24 of his Howard's Reports. As such, the dual form of citation to, for example, Bein v. Heath is 53 U.S. 168.

Justices of the Supreme Court at the time of 53 U.S. (12 How.)

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 53 U.S. were decided the Court comprised these nine members:
PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
Tenure on Supreme Court
Roger B. TaneyChief JusticeMarylandJohn Marshall


October 12, 1864
John McLeanAssociate JusticeOhioRobert Trimble


April 4, 1861
James Moore WayneAssociate JusticeGeorgiaWilliam Johnson


July 5, 1867
John CatronAssociate JusticeTennesseenewly created seat


May 30, 1865
John McKinleyAssociate JusticeAlabamanewly created seat


July 19, 1852
Peter Vivian DanielAssociate JusticeVirginiaPhilip P. Barbour


May 31, 1860
Samuel NelsonAssociate JusticeNew YorkSmith Thompson


November 28, 1872
Robert Cooper GrierAssociate JusticePennsylvaniaHenry Baldwin


January 31, 1870
Benjamin Robbins CurtisAssociate JusticeMassachusetts
Levi Woodbury



September 30, 1857

Notable case in 53 U.S. (12 How.)

''Cooley v. Board of Wardens of the Port of Philadelphia ex rel. Society for the Relief of Distressed Pilots, their Widows & Children''

In Cooley v. Board of Wardens, , the Supreme Court held that a Pennsylvania law requiring all ships entering or leaving the Port of Philadelphia to hire a local river pilot did not violate the Commerce Clause of the Constitution. The Court decided that the constitutional grant to Congress of power to regulate interstate commerce did not deprive the states of power to regulate maritime pilots; although Congress had legislated on the subject, its legislation showed an intention not to preempt the entire topic. The ruling, however, "empowered the slave states to interfere with interstate commerce to protect slavery."

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.
Case NamePage and yearOpinion of the CourtConcurring opinionDissenting opinionLower courtDisposition of case
Miners' Bank v. IowaDanielnonenoneIowadismissed
Binns v. LawrenceDanielnonenoneC.C.S.D.N.Y.certification
Smith v. ClarkTaneynonenoneC.C.D. Mass.dismissal denied
Thredgill v. PintardMcLeannonenoneC.C.D. Ark.affirmed
Parks v. TurnerTaneynonenoneC.C.E.D. La.affirmed
Montault v. United StatesTaneynonenoneS.D. Ala.affirmed
Farmers' Bank v. GrovesNelsonnonenoneC.C.D. Louisianaaffirmed
Lessieur v. PriceCatronnonenoneMo.affirmed
Harris v. RunnelsWaynenonenoneC.C.S.D. Miss.reversed
United States v. BromleyMcLeannonenoneC.C.N.D.N.Y.reversed
Neilson v. LagowCurtisnonenoneInd.reversed
Williams v. Oliver INelsonnonenoneMd.dismissed
Williams v. Oliver IINelsonnonenoneMd.dismissed
Dorsey v. PackwoodGriernonenoneC.C.E.D. La.affirmed
Russell v. SouthardCurtisnonenoneC.C.D. Ky.reversed
Ives v. Merchants' BankCatronnonenoneC.C.D.R.I.affirmed
Grand Gulf et al. Co. v. MarshallTaneynonenoneLa.dismissed
Bein v. HeathTaneynonenoneC.C.E.D. La.reversed
Wilbur v. AlmyCurtisnonenoneC.C.D.R.I.reversed
Erwin v. ParhamCatronnoneNelsonC.C.D. La.reversed
United States v. MooreCatronnonenoneE.D. La.reversed
Lyman v. Bank of the U.S.NelsonnonenoneC.C.D. Vt.affirmed
United States v. WilkinsonTaneynonenoneC.C.E.D. La.reversed
Bond v. BrownTaneynonenoneC.C.E.D. La.affirmed
Dundas v. HitchcockGriernonenoneC.C.S.D. Ala.reversed
Clark v. BarnwellNelsonnonenoneC.C.D.S.C.reversed
Teal v. FeltonWaynenonenoneN.Y.affirmed
Achison v. HuddlesonCurtisnonenoneMd.reversed
Cooley v. Board of Wardens of the Port of Philadelphia ex rel. Society for the Relief of Distressed Pilots, their Widows & ChildrenCurtisDanielMcLeanPa.affirmed
Union Bank v. Stafford GriernonenoneD. Tex.reversed
Smyth v. Strader Pevine & Co.per curiamnonenoneC.C.S.D. Ala.dismissed
New Orleans et al. Co. v. StaffordGriernonenoneD. Tex.reversed
Rich v. LambertNelsonnoneDanielC.C.D.S.C.reversed
United States v. ReidTaneynonenoneC.C.E.D. Va.certification
Bennett v. ButterworthMcLeannonenoneD. Tex.affirmed
Sargeant v. State BankDanielnonenoneC.C.D. Ind.affirmed
Saltmarsh v. TuthillTaneynonenoneM.D. Ala.motion reserved
Dinsman v. WilkesTaneynonenoneC.C.D.C.reversed
Snead v. McCoullDanielnonenoneC.C.E.D. Va.affirmed
Linton v. StantonTaneynonenoneLa.dismissed
United States v. PorcheTaneynonenoneE.D. La.certification
United States v. SimonGriernonenoneD. La.reversed
United States v. LeblancTaneynonenoneE.D. La.reversed
United States v. CastantDanielnonenoneE.D. La.reversed
The Propeller Genesee ChiefTaneynoneDanielC.C.N.D.N.Y.affirmed
Fretz v. BullWaynenoneDanielC.C.E.D. La.affirmed
Gaines v. RelfCatronnoneWayneC.C.E.D. La.affirmed