United States Reports, volume 3
# United States Reports, volume 3

This is a list of cases reported in volume 3 U.S. (3 Dall.) of United States Reports, decided by the Supreme Court of the United States from 1794 to 1799. Case reports from other tribunals also appear in 3 U.S. (3 Dall.).

## Alexander Dallas and Dallas Reports

Not all of the cases reported in 3 U.S. (3 Dall.) are from the United States Supreme Court. Included are decisions from the Supreme Court of Pennsylvania, and the United States Circuit Court for the District of Pennsylvania. Alexander J. Dallas, a Philadelphia lawyer and later United States Secretary of the Treasury, had been in the business of reporting local law cases for newspapers and periodicals. When the US Supreme Court sat in Philadelphia from 1791–1800, he collected their cases as well, and later began compiling his case reports in a bound volume which he called Reports of cases ruled and adjudged in the courts of Pennsylvania, before and since the Revolution.

When the US Supreme Court along with the rest of the new federal government moved in 1791 from the former capital, New York City, to the nation's temporary capital in Philadelphia, Dallas was appointed the Supreme Court's first unofficial and unpaid Supreme Court Reporter. (Court reporters in that age received no salary, but were expected to profit from the publication and sale of their compiled decisions.) Dallas continued to collect and publish Pennsylvania and other decisions, adding federal Supreme Court cases to his reports. Dallas published four volumes of decisions during his tenure as Reporter, known as the Dallas Reports.

The Supreme Court moved to the new capital city of Washington D.C. in 1800. Dallas remained in Philadelphia; William Cranch then replaced him as Reporter of Decisions of the Supreme Court of the United States.

## 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"). As such, volumes 1–4 of United States Reports correspond to volumes 1–4 of Dallas Reports. The dual citation form of, for example, Hunter v. Fairfax's Devisee is 3 U.S. (3 Dall.) 305 (1796).

## Courts in 3 U.S. (3 Dall.)

The cases reported in 3 U.S. (3 Dall.) come from the Supreme Court of the United States, the Supreme Court of Pennsylvania (Pa.), and the United States Circuit Court for the District of Pennsylvania (C.C.D. Pa.).

## Justices of the Supreme Court at the time of 3 U.S. (3 Dall.)

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 3 U.S. (3 Dall.) were decided, the Court comprised six of the following eleven justices at one time:

| Justice | Office | Home State | Succeeded | Date confirmed by the Senate (Vote) | Tenure on Supreme Court |
| - | - | - | - | - | - |
| John Jay | Chief Justice | New York | original seat when the Court was established | September 26, 1789 (Acclamation) | October 19, 1789 – June 29, 1795 (Resigned) |
| John Rutledge | Chief Justice | South Carolina | original seat when the Court was established | September 26, 1789 (Acclamation) | February 15, 1790 – March 4, 1791 (Resigned) |
| William Cushing | Associate Justice | Massachusetts | original seat when the Court was established | September 26, 1789 (Acclamation) | February 2, 1790 – September 13, 1810 (Died) |
| James Wilson | Associate Justice | Pennsylvania | original seat when the Court was established | September 26, 1789 (Acclamation) | October 5, 1789 – August 21, 1798 (Died) |
| John Blair | Associate Justice | Virginia | original seat when the Court was established | September 26, 1789 (Acclamation) | February 2, 1790 – October 25, 1795 (Resigned) |
| James Iredell | Associate Justice | North Carolina | original seat when the Court was established | February 10, 1790 (Acclamation) | May 12, 1790 – October 20, 1799 (Died) |
| Thomas Johnson | Associate Justice | Maryland | John Rutledge (after Rutledge's first term on the Court) | November 7, 1791 (Acclamation) | August 6, 1792 – January 16, 1793 (Resigned) |
| 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) |
| Oliver Ellsworth | Chief Justice | Connecticut | John Rutledge (after Rutledge's second term on the Court) | March 4, 1796 (21–1) | March 8, 1796 – December 15, 1800 (Resigned) |
| Bushrod Washington | Associate Justice | Virginia | James Wilson | December 20, 1798 (Acclamation) | November 9, 1798 (Recess Appointment) – November 26, 1829 (Died) |

## Notable Cases in 3 U.S. (3 Dall.)

### Calder v. Bull

In Calder v. Bull, 3 U.S. (3 Dall.) 386 (1798), the Supreme Court decided four important points of constitutional law:

* First, the ex post facto clause of the United States Constitution applies to criminal laws that have at least one of four effects: (a) creates a crime and penalty that before passage of the law which was not illegal; (b) makes an existing crime of greater severity than it was when committed; (c) inflicts a greater punishment to an existing crime than applied before the law; (d) changes rules of evidence to make less, or different, evidence than the law required at the time of the crime to convict the offender.
* Second, the Court lacked authority to nullify state laws that may violate that state's own constitution.
* Third, no one should be compelled to do what the laws do not require; nor to refrain from acts which the laws permit.
* Fourth, a state legislative act does not violate of the ex post facto clause if there is nothing done by the parties that is affected by the state law.

### Georgia v. Brailsford

In Georgia v. Brailsford, 3 U.S. (3 Dall.) 1 (1794), is significant as the only reported jury trial held by the US Supreme Court. During the American Revolution, the state of Georgia passed a law that sequestered debts owed to British creditors. The Treaty of Paris, however, asserted the validity of debts held by creditors on both sides. The case was filed directly in the United States Supreme Court, rather than in a lower trial court, under the Supreme Court's constitutionally-defined original jurisdiction.

### Hollingsworth v. Virginia

In Hollingsworth v. Virginia, 3 U.S. (3 Dall.) 378 (1798) the Court held the President of the United States has no formal role in the process of amending the United States Constitution, and that the Eleventh Amendment was binding on cases already pending before its ratification.

## 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 3 U.S. (3 Dall.)

### Cases of the Supreme Court of the United States

| Case | Page & year | Opinions of the Court | Lower court | Disposition |
| - | - | - | - | - |
| Georgia v. Brailsford | 1 (1794) | Jay (charge to the jury) | original | jury verdict for defendants |
| Glass v. The Sloop Betsey | 6 (1794) | Jay | D. Md. | Reversed |
| United States v. Hamilton | 17 (1795) | Wilson | D. Pa. | certification |
| Bingham v. Cabot | 19 (1795) | seriatim: Paterson, Iredell, Wilson, Cushing | C.C.D. Mass. | reversed |
| United States v. Lawrence | 42 (1795) | per curiam | D.N.Y. | mandamus denied |
| Penhallow v. Doane's Administrators | 54 (1795) | Cushing | C.C.D.N.H. | reversed |
| United States v. Peters | 121 (1795) | Rutledge | D. Pa. | prohibition issued |
| Talbot v. Janson | 133 (1795) | seriatim: Paterson, Iredell | C.C.D.S.C. | affirmed |
| Hylton v. United States | 171 (1796) | seriatim: Chase, Paterson, Iredell | C.C.D. Va. | affirmed |
| Hills v. Ross | 184 (1796) | per curiam | C.C.D. Ga. | continued |
| McDonough v. Dannery | 188 (1796) | per curiam | C.C.D. Mass. | affirmed |
| Ware v. Hylton | 199 (1796) | seriatim: Chase, Wilson, Cushing | C.C.D. Va. | reversed |
| Geyer v. Michel | 285 (1796) | per curiam | C.C.D.S.C. | affirmed |
| United States v. La Vengeance | 297 (1796) | Ellsworth | C.C.D.N.Y. | affirmed |
| Cotton v. Wallace | 302 (1796) | per curiam | C.C.D. Ga. | mandate granted |
| Hunter v. Fairfax's Devisee | 305 (1796) | per curiam | not indicated | continued |
| Arcambel v. Wiseman | 306 (1796) | per curiam | C.C.D.R.I. | remittitur granted |
| Moodie v. The Ship Alfred | 307 (1796) | per curiam | not indicated | affirmed |
| Olney v. Arnold | 308 (1796) | Ellsworth | R.I. Super. Ct. | affirmed |
| Moodie v. The Ship Phoebe Anne | 319 (1796) | Ellsworth | C.C.D.S.C. | affirmed |
| Grayson v. Virginia | 320 (1796) | Ellsworth | original | subpoena granted |
| Wiscart v. Dauchy | 321 (1796) | per curiam | C.C.D. Va. | affirmed |
| Hills v. Ross | 331 (1796) | seriatim: Ellsworth, Iredell, Chase | C.C.D. Ga. | reversed |
| Del Col v. Arnold | 333 (1796) | per curiam | C.C.D.S.C. | affirmed |
| Jennings v. The Brig Perseverance | 336 (1797) | seriatim: Paterson, Chase | C.C.D.R.I. | affirmed |
| Huger v. South Carolina | 339 (1797) | seriatim: Iredell, Chase | original | petition granted |
| Clerke v. Harwood | 342 (1797) | per curiam | Md. | affirmed |
| Brown v. Van Braam | 344 (1797) | seriatim: Wilson, Paterson, Chase | C.C.D.R.I. | affirmed |
| Fenemore v. United States | 357 (1797) | seriatim: Chase, Iredell, Cushing, Ellsworth, Paterson | C.C.D.N.J. | affirmed |
| Brown v. Barry | 365 (1797) | Ellsworth | C.C.D. Va. | affirmed |
| Emory v. Grenough | 369 (1797) | per curiam | C.C.D. Mass. | dismissed |
| Hamilton v. Moore | 371 (1797) | per curiam | C.C.D. Ga. | dismissed |
| Hollingsworth v. Virginia | 378 (1798) | per curiam, and Chase | not indicated | dismissed |
| Bingham v. Cabot | 382 (1798) | per curiam | C.C.D. Mass. | dismissed |
| Jones v. Le Tombe | 384 (1798) | per curiam | original | rule made absolute |
| Calder v. Bull | 386 (1798) | seriatim: Chase, Paterson, Iredell, Cushing | Conn. | affirmed |
| Wilson v. Daniel | 401 (1798) | seriatim: Ellsworth, Iredell, Chase | C.C.D. Va. | affirmed |
| Dewhurst v. Coulthard | 409 (1799) | per curiam | C.C.D.N.Y. | dismissed |
| Ex parte Hallowell | 410 (1799) | per curiam | original | Hallowell admitted to bar of Court |
| Fowler v. Lindsey | 411 (1799) | seriatim: Washington, Paterson, Cushing | C.C.D. Conn. | rule discharged |
| Clarke v. Russel | 415 (1799) | Ellsworth | C.C.D.R.I. | reversed |
| Sims' Lessee v. Irvine | 425 (1799) | seriatim: Ellsworth, Iredell | C.C.D. Pa. | affirmed |

### Cases of other tribunals

| Case | Page and year | Court |
| - | - | - |
| Respublica v. Cobbett | 467 (Pa. 1798) | Supreme Court of Pennsylvania |
| Anonymous | 477 (Pa. 1798) | Supreme Court of Pennsylvania |
| Camberling v. McCall | 477 (Pa. 1798) | Supreme Court of Pennsylvania |
| Coxe v. McClenachan | 478 (Pa. 1798) | Supreme Court of Pennsylvania |
| Pemberton's Lessee v. Hicks | 479 (Pa. 1798) | Supreme Court of Pennsylvania |
| McKee's Lessee v. Pfout | 486 (Pa. 1798) | Supreme Court of Pennsylvania |
| Respublica v. Wray | 490 (Pa. 1799) | Supreme Court of Pennsylvania |
| Murgatroyd v. Crawford | 491 (Pa. 1799) | Supreme Court of Pennsylvania |
| Breckbill v. Turnpike Company | 496 (Pa. 1799) | Supreme Court of Pennsylvania |
| Dallas v. Chaloner's Executors | 500 (Pa. 1799) | Supreme Court of Pennsylvania |
| Wharton's Executors v. Fitzgerald | 503 (Pa. 1799) | Supreme Court of Pennsylvania |
| Reed v. Ingraham | 505 (Pa. 1799) | Supreme Court of Pennsylvania |
| Peterson v. Willing | 506 (Pa. 1799) | Supreme Court of Pennsylvania |
| Roberts v. Wheelen | 506 (Pa. 1799) | Supreme Court of Pennsylvania |
| Pollock v. Donaldson | 510 (C.C.D. Pa. 1799) | United States Circuit Court for the District of Pennsylvania |
| Hurst v. Hurst | 512 (C.C.D. Pa. 1799) | United States Circuit Court for the District of Pennsylvania |
| United States v. Insurgents of Pennsylvania | 513 (C.C.D. Pa. 1799) | United States Circuit Court for the District of Pennsylvania |
| United States v. Fries | 515 (C.C.D. Pa. 1799) | United States Circuit Court for the District of Pennsylvania |

## Notes and References

* ↑ Anne Ashmore, DATES OF SUPREME COURT DECISIONS AND ARGUMENTS, Library, Supreme Court of the United States, 26 December 2018.
* ↑ Cohen, Morris and O'Connor, Sharon H. A Guide to the Early Reports of the Supreme Court of the United States, (Fred B. Rothman & Co, Littleton Colorado, 1995.
* ↑ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
* ↑ This is the only jury trial ever conducted in the presence of the United States Supreme Court. Shelfer, Lochlan F. (October 2013). "Special Juries in the Supreme Court". yalelawjournal.org. Retrieved April 15, 2021.
* 1 2 Note on Respublica: Some early Pennsylvania cases include the title Respublica. Res publica is a Latin form of the term "Commonwealth," meaning in this context the "Commonwealth of Pennsylvania." Pennsylvania is one of four states (along with Massachusetts, Virginia, and Kentucky) to refer to itself as a "Commonwealth." It is interchangeable with "State." In the early 19th Century the English term Commonwealth replaced Respublica in new Pennsylvania case names.
