List of United States Supreme Court cases, volume 8

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This is a list of cases reported in volume 8 (4 Cranch) of United States Reports, decided by the Supreme Court of the United States in 1807 and 1808.

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, Jennings v. Carson is 8 U. S. (4 Cranch) 2 (1807).

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). When the cases in 8 U. S. (4 Cranch) were decided, the Court comprised these seven 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) 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) Henry Brockholst Livingston Associate Justice New York William Paterson December 17, 1806(Acclamation) January 20, 1807–March 18, 1823(Died) Thomas Todd Associate Justice Kentucky new seat March 2, 1807(Acclamation) March 3, 1807–February 7, 1826(Died)

In Ex parte Bollman, 8 U. S. (4 Cranch) 75 (1807) the Supreme Court held that the constitutional definition of treason excluded mere conspiracy to levy war against the United States. Erick Bollman and Samuel Swartwout were civilians who became implicated in the Burr Wilkinson Plot. This plot supposedly consisted of Aaron Burr and James Wilkinson attempting to create an empire in the United States, ruled by Burr. In 1806, Wilkinson informed Thomas Jefferson of the plot, ending whatever may have actually been planned. Bollman and Swartwout attempted to recruit others into the plot, but these individuals informed the military, which promptly arrested them. The Court decided that "To constitute a levying of war, there must be an assemblage of persons for the purpose of effecting by force a treasonable purpose. Enlistments of men to serve against government is not sufficient."

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 and year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower Court Disposition United States v. Kid 1 (1807) per curiam none none C. C. D. Pa. certification Jennings v. Carson 2 (1807) Marshall none none C. C. D. Pa. affirmed Rhinelander v. Insurance Company 29 (1807) Marshall none none C. C. D. Pa. certification Montalet v. Murray 46 (1807) Marshall none none C. C. D. Ga. certification United States v. Willings 48 (1807) Marshall none none C. C. D. Pa. affirmed O'Neale v. Long 60 (1807) Marshall none none C. C. D. C. reversed Smith v. Carrington 62 (1807) Marshall none none C. C. D. R. I. reversed Pendleton v. Wambersie 73 (1807) per curiam none none C. C. D. Ga. reversed Ex parte Bollman 75 (1807) Marshall Chase Johnson C. C. D. C. habeas corpus granted Skillern's Executors v. May's Executors 137 (1807) per curiam none none D. Ky. reversed French's Executrix v. Bank of Columbia 141 (1807) Marshall none none C. C. D. C. reversed Hopkirk v. Bell 164 (1807) per curiam none none C. C. D. Va. certification Hicks v. Rogers 165 (1807) per curiam none none C. C. D. Vt. certification United States v. Cantrill 167 (1807) Marshall none none C. C. D. Ga. judgment arrested Sthreshley v. United States 169 (1807) Marshall none none D. Ky. reversed Marshall v. Currie 172 (1807) Johnson none none D. Ky. reversed Viers v. Montgomery 177 (1807) per curiam none none D. Ky. reversed Diggs v. Wolcott 179 (1807) per curiam none none C. C. D. Conn. reversed Wood v. Lide 180 (1807) Marshall none none C. C. D. Ga. affirmed Fitzsimmons v. Newport Insurance Company 185 (1808) Marshall none none C. C. D. R. I. reversed Marshall v. Delaware Insurance Company 202 (1808) Marshall none none C. C. D. Pa. affirmed McIlvaine v. Coxe's Lessee 209 (1808) Cushing none none C. C. D. N. J. affirmed The Brig Union 216 (1808) Marshall none Johnson C. C. D. Del. overruled Pawling v. United States 219 (1808) Marshall none none D. Ky. reversed Grant v. Naylor 224 (1808) Marshall none none C. C. D. Md. reversed Woods v. Young 237 (1808) per curiam none none C. C. D. C. affirmed Young v. Preston 239 (1808) per curiam none none C. C. D. C. reversed Rose v. Himely 241 (1808) Marshall Livingston, Johnson none C. C. D. S. C. reversed Hudson v. Guestier 293 (1808) Marshall Johnson Chase, Livingston C. C. D. C. reversed Alexander v. Harris 299 (1808) Marshall none none C. C. D. C. affirmed Chappedelaine v. Dechenaux 306 (1808) Marshall none none C. C. D. Ga. multiple United States v. Vowell 316 (1808) per curiam none none D. Ky. dismissed certification City of Alexandria v. Patten 317 (1808) Marshall none none C. C. D. C. reversed Dawson's Lessee v. Godfrey 321 (1808) per curiam none none C. C. D. C. affirmed Mountz v. Hodgson 324 (1808) Marshall none none C. C. D. C. dismissed certification The Ship Charles Carter 328 (1808) Chase none none C. C. D. Va. affirmed United States v. Gurney 333 (1808) Marshall none none C. C. D. Pa. certification Peisch v. Ware 347 (1808) Marshall none none C. C. D. Del. affirmed Shearman v. Irvine's Lessee 367 (1808) Marshall none none C. C. D. Ga. affirmed Alexander v. Baltimore Insurance Company 370 (1808) Marshall none none C. C. D. Md. affirmed Morgan v. Callender 370 (1808) per curiam none none C. C. D. Orleans dismissed certification Matthews v. Zane 382 (1808) Marshall none none Ohio jurisdiction set Young v. Bank of Alexandria 384 (1808) Marshall none none C. C. D. C. overruled Spires v. Willison 398 (1808) Marshall none none D. Ky. reversed Ramsay v. Lee 401 (1808) Marshall none none C. C. D. C. affirmed Stead's Executors v. Course 403 (1808) Marshall none none C. C. D. Ga. reversed Higginson v. Mein 415 (1808) Marshall none Livingston C. C. D. Ga. reversed Pollard v. Dwight 421 (1808) Marshall none none C. C. D. Conn. reversed Croudson v. Leonard 434 (1808) Johnson Washington none C. C. D. C. reversed Ex parte Lewis 433 (1808) per curiam none none C. C. D. Pa. certification The Schooner Betsey 443 (1808) Marshall none none C. C. D. C. reversed