List of United States Supreme Court cases, volume 5

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This is a list of cases reported in volume 5 (1 Cranch) of United States Reports, decided by the Supreme Court of the United States from 1801 to 1803.

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 (these are called "nominative reports").

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 Cranch) 1 (1801).

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 (one chief justice and five associate justices). Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice). 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. (1 Cranch) were decided, the Court comprised these six justices:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate(Vote) Tenure on Supreme Court John Marshall Chief Justice Virginia Oliver Ellsworth January 27, 1801(Acclamation) February 4, 1801–July 6, 1835(Died) William Cushing Associate Justice Massachusetts original seat established September 26, 1789(Acclamation) February 2, 1790–September 13, 1810(Died) William Paterson Associate Justice New Jersey Thomas Johnson March 4, 1793(Acclamation) March 11, 1793–September 8, 1806(Died) Samuel Chase Associate Justice Maryland John Blair, Jr. January 27, 1796(Acclamation) February 4, 1796–June 19, 1811(Died) Bushrod Washington Associate Justice Virginia James Wilson December 20, 1798(Acclamation) November 9, 1798(Recess Appointment)–November 26, 1829(Died) William Johnson Associate Justice South Carolina Alfred Moore March 24, 1804(Acclamation) May 7, 1804–August 4, 1834(Died)

Marbury v. Madison, 5 U. S. (1 Cranch) 137 (1803), 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, 5 U. S. (1 Cranch) 299 (1803), 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 1802 of the Judiciary Act 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.

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 (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 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

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition Talbot v. Seeman 1 (1801) Marshall none none C. C. D. N. Y. multiple Wilson v. Mason 45 (1801) per curiam none none D. Ky. reversed The Schooner Peggy 103 (1801) Marshall none none C. C. D. Conn. reversed Resler v. Shehee 110 (1801) per curiam none none C. C. D. C. affirmed Turner v. Fendall 116 (1801) Marshall none none C. C. D. C. affirmed Marbury v. Madison 137 (1803) Marshall none none original rule discharged Clark v. Young 181 (1803) Marshall none none C. C. D. C. affirmed Wilson v. Lenox 194 (1803) Marshall none none C. C. D. C. reversed Clarke v. Bazadone 212 (1803) per curiam none none Gen. Ct. N. W. Terr. writ of error quashed Hooe and Company. v. Groverman 214 (1803) Marshall none none C. C. D. C. reversed Wood v. Owings 239 (1803) Marshall none none C. C. D. Md. reversed United States v. Simms 252 (1803) Marshall none none C. C. D. C. affirmed Fenwick v. Sears's Administrators 259 (1803) per curiam none none C. C. D. C. reversed Thompson v. Jameson 282 (1803) per curiam none none C. C. D. C. reversed Mandeville v. Joseph Riddle and Company 290 (1803) Marshall none none C. C. D. C. reversed Stuart v. Laird 299 (1803) Paterson none none C. C. D. Va. affirmed Hamilton v. Russell 309 (1803) Marshall none none C. C. D. C. affirmed United States v. Hooe 318 (1803) per curiam none none C. C. D. C. certification Hepburn v. Auld 321 (1803) Marshall none none C. C. D. C. affirmed Marine Insurance Company v. Young 332 (1803) per curiam none none not indicated not indicated Abercrombie v. Dupuis 343 (1803) Marshall none none C. C. D. Ga. reversed Lindo v. Gardner 343 (1803) per curiam none none C. C. D. C. reversed Hodgson v. Dexter 345 (1803) Marshall none none C. C. D. C. affirmed Lloyd v. Alexander 365 (1803) Marshall none none not indicated certification