List of United States Supreme Court cases, volume 22
# List of United States Supreme Court cases, volume 22

This is a list of cases reported in volume 22 (9 Wheat.) of United States Reports, decided by the Supreme Court of the United States in 1824.

## 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 (these are called "nominative reports").

### 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, The Margaret is 22 U.S. (9 Wheat.) 421 (1824).

## Justices of the Supreme Court at the time of 22 U.S. (9 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 (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 22 U.S. (9 Wheat.) were decided, the Court comprised these seven justices:

| 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) |
| 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) |
| Thomas Todd | Associate Justice | Kentucky | new seat | March 2, 1807 (Acclamation) | March 3, 1807 – February 7, 1826 (Died) |
| Gabriel Duvall | Associate Justice | Maryland | Samuel Chase | November 18, 1811 (Acclamation) | November 23, 1811 – January 12, 1835 (Resigned) |
| Joseph Story | Associate Justice | Massachusetts | William Cushing | November 18, 1811 (Acclamation) | February 3, 1812 – September 10, 1845 (Died) |
| Smith Thompson | Associate Justice | New York | Henry Brockholst Livingston | December 9, 1823 (Acclamation) | September 1, 1823 – December 18, 1843 (Died) |

## Notable Cases in 22 U.S. (9 Wheat.)

### Gibbons v. Ogden

Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1 (1824), is a landmark decision in which the Supreme Court held that the power to regulate interstate commerce granted to Congress by the Commerce Clause of the United States Constitution encompassed the power to regulate navigation.

### United States v. Perez

In United States v. Perez, 22 U.S. (9 Wheat) 579 (1824) the Supreme Court held that when a criminal trial results in a hung jury, the Double Jeopardy Clause of the Fifth Amendment does not bar a retrial.

## 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 (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

## List of cases in 22 U.S. (9 Wheat.)

| Case Name | Page and year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
| - | - | - | - | - | - | - |
| Gibbons v. Ogden | 1 (1824) | Marshall | Johnson | none | N.Y. | reversed |
| Kirk v. Smith ex rel. Penn | 241 (1824) | Marshall | none | Johnson | C.C.D. Pa. | affirmed |
| Taylor v. Mason | 325 (1824) | Marshall | none | none | C.C.D. Md. | affirmed |
| M'Creery's Lessee v. Somerville | 354 (1824) | Story | none | none | C.C.D. Md. | affirmed |
| The Apollon | 362 (1824) | Story | none | none | C.C.D. Ga. | multiple |
| The Emily | 381 (1824) | Thompson | none | none | C.C.D.S.C. | affirmed |
| The Merino | 391 (1824) | Washington | none | none | C.C.D. Ala. | multiple |
| The St. Jago | 409 (1824) | Johnson | none | none | C.C.D. Md. | reversed |
| The Margaret | 421 (1824) | Story | none | none | C.C.D. Md. | reversed |
| Two Hundred Chests of Tea | 430 (1824) | Story | none | none | C.C.D. Mass. | reversed |
| Mason v. Muncaster | 445 (1824) | Story | none | none | C.C.D.C. | affirmed |
| Doddridge v. Thompson | 469 (1824) | Marshall | none | none | C.C.D. Ohio | reversed |
| Riggs v. Tayloe | 483 (1824) | Todd | none | none | C.C.D.C. | reversed |
| Hughes v. Edwards | 489 (1824) | Washington | none | none | C.C.D. Ky. | affirmed |
| Stephens v. McCargo | 502 (1824) | Marshall | none | none | C.C.D. Ky. | affirmed |
| Love v. Simms's Lessee | 515 (1824) | Johnson | none | none | C.C.D.W. Tenn. | reversed |
| Stewart v. Ingle | 526 (1824) | Washington | none | none | C.C.D.C. | certiorari denied |
| Peyton v. Robertson | 527 (1824) | Marshall | none | none | C.C.D.C. | dismissed |
| Ex parte Burr | 529 (1824) | Marshall | none | none | C.C.D.C. | mandamus denied |
| Smith v. McIver | 532 (1824) | Marshall | none | none | C.C.D.W. Tenn. | affirmed |
| Mullen v. Torrance | 537 (1824) | Marshall | none | none | D. Miss. | reversed |
| Walker v. Turner | 541 (1824) | Washington | none | none | C.C.D. Tenn. | reversed |
| Catlett v. Brodie | 553 (1824) | Story | none | none | C.C.D.C. | conditionally dismissed |
| Baits v. Peters | 556 (1824) | Marshall | none | none | D. Ala. | reversed |
| Sebree v. Dorr | 558 (1824) | Story | none | none | C.C.D. Ky. | reversed |
| Kerr v. Moon's Devisees | 565 (1824) | Washington | none | none | C.C.D. Ohio | reversed |
| Meredith v. Picket | 573 (1824) | Marshall | none | none | C.C.D. Ky. | reversed |
| Walden ex rel. Denn v. Craig | 576 (1824) | Marshall | none | none | C.C.D. Ky. | dismissed |
| United States v. Perez | 579 (1824) | Story | none | none | C.C.S.D.N.Y. | certification |
| Renner v. Bank of Columbia | 581 (1824) | Thompson | none | none | C.C.D.C. | affirmed |
| McGruder v. Bank of Washington | 598 (1824) | Johnson | none | none | C.C.D.C. | affirmed |
| Ex parte Wood | 603 (1824) | Story | none | none | C.C.S.D.N.Y. | mandamus issued |
| The Monte Allegre | 616 (1824) | Thompson | none | none | D. Md. | affirmed |
| McIver v. Wattles | 650 (1824) | Marshall | none | none | C.C.D.C. | dismissed |
| Walton v. United States | 651 (1824) | Duvall | none | none | D. Miss. | affirmed |
| The Fanny | 658 (1824) | Washington | none | none | C.C.D. Md. | reversed |
| Danforth v. Wear | 673 (1824) | Johnson | none | none | C.C.D.W. Tenn. | reversed |
| Miller v. Stewart | 680 (1824) | Story | none | Johnson | C.C.D. N.J. | certification |
| United States v. Kirkpatrick | 720 (1824) | Story | none | none | W.D. Pa. | reversed |
| Osborn v. Bank of United States | 738 (1824) | Marshall | none | Johnson | C.C.D. Ohio | multiple |
| Second Bank of the United States v. Planters' Bank | 904 (1824) | Marshall | none | Johnson | C.C.D. Ga. | certification |
