List of United States Supreme Court cases, volume 5


This is a list of cases reported in volume 5 of United States Reports, decided by the Supreme Court of the United States from 1801 to 1803.

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.

William Cranch

Starting with the 5th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was William Cranch. Cranch was Reporter of Decisions from 1801 to 1815, covering volumes 5 through 13 of United States Reports which correspond to volumes 1 through 9 of his Cranch's Reports. As such, the complete citation to, for example, Talbot v. Seeman is 5 U.S. 1.

Justices of the Supreme Court at the time of 5 U.S. (1 Cranch)

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.
John Marshall became Chief Justice in 1801, remaining in that office until his death in 1835; Marshall is the most influential Chief Justice in the Court's history. When the cases in 5 U.S. were decided, the Court comprised these six justices:
PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
Tenure on Supreme Court
John MarshallChief JusticeVirginiaOliver Ellsworth

–
July 6, 1835
William Cushing
Associate JusticeMassachusettsoriginal seat established

–
September 13, 1810
William Paterson
Associate JusticeNew JerseyThomas Johnson

–
September 8, 1806
Samuel Chase
Associate JusticeMarylandJohn Blair, Jr.

–
June 19, 1811
Bushrod Washington
Associate JusticeVirginiaJames Wilson


–
November 26, 1829
William Johnson
Associate JusticeSouth CarolinaAlfred Moore

–
August 4, 1834

Notable cases in 5 U.S. (1 Cranch)

''Marbury v. Madison''

Marbury v. Madison, , is a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws, statutes, and some government actions that they find to violate the Constitution of the United States. Decided in 1803, Marbury remains the single most important decision in American constitutional law. The Court's landmark decision established that the U.S. Constitution is actual law, not just a statement of political principles and ideals, and helped define the boundary between the constitutionally separate executive and judicial branches of the federal government.

''Stuart v. Laird''

Stuart v. Laird, , is a case decided by the Supreme Court a week after its famous decision in Marbury v. Madison. Stuart dealt with a judgment of a circuit judge whose position had been abolished by the repeal of the Judiciary Act of 1801. Stuart's lawyer was Charles Lee, who also represented William Marbury. John Laird asked the Supreme Court to uphold the judge's ruling. Stuart's team argued that only the court rendering a judgment could enforce it and that the Judiciary Act of 1802 had been unconstitutional, to which Stuart lost on both accounts. The Court reviewed and upheld the constitutionality of the Judiciary Act of 1802 and averted a dangerous showdown between the legislative and the judicial branches of the United States government.

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 & yearOpinion of the CourtConcurring opinionDissenting opinionLower courtDisposition
Talbot v. SeemanMarshallnonenoneC.C.D.N.Y.multiple
Wilson v. Masonper curiamnonenoneD. Ky.reversed
The Schooner PeggyMarshallnonenoneC.C.D. Conn.reversed
Resler v. Sheheeper curiamnonenoneC.C.D.C.affirmed
Turner v. FendallMarshallnonenoneC.C.D.C.affirmed
Marbury v. MadisonMarshallnonenoneoriginalrule discharged
Clark v. YoungMarshallnonenoneC.C.D.C.affirmed
Wilson v. LenoxMarshallnonenoneC.C.D.C.reversed
Clarke v. Bazadoneper curiamnonenoneGen. Ct. N.W. Terr.writ of error quashed
Hooe and Company. v. GrovermanMarshallnonenoneC.C.D.C.reversed
Wood v. OwingsMarshallnonenoneC.C.D. Md.reversed
United States v. SimmsMarshallnonenoneC.C.D.C.affirmed
Fenwick v. Sears's Administratorsper curiamnonenoneC.C.D.C.reversed
Thompson v. Jamesonper curiamnonenoneC.C.D.C.reversed
Mandeville v. Joseph Riddle and CompanyMarshallnonenoneC.C.D.C.reversed
Stuart v. LairdPatersonnonenoneC.C.D. Va.affirmed
Hamilton v. RussellMarshallnonenoneC.C.D.C.affirmed
United States v. Hooeper curiamnonenoneC.C.D.C.certification
Hepburn v. AuldMarshallnonenoneC.C.D.C.affirmed
Marine Insurance Company v. Youngper curiamnonenonenot indicatednot indicated
Abercrombie v. DupuisMarshallnonenoneC.C.D. Ga.reversed
Lindo v. Gardnerper curiamnonenoneC.C.D.C.reversed
Hodgson v. DexterMarshallnonenoneC.C.D.C.affirmed
Lloyd v. AlexanderMarshallnonenonenot indicatedcertification