# List of United States Supreme Court cases, volume 68

This is a list of cases reported in volume 68 (1 Wall.) of United States Reports, decided by the Supreme Court of the United States in 1863 and 1864.

## 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").

### John William Wallace

Starting with the 66th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was John William Wallace. Wallace was Reporter of Decisions from 1863 to 1874, covering volumes 68 through 90 of United States Reports which correspond to volumes 1 through 23 of his Wallace's Reports. As such, the dual form of citation to, for example, Gregg v. Von Phul is 68 U.S. (1 Wall.) 274 (1864).
Wallace's Reports were the final nominative reports for the US Supreme Court; starting with volume 91, cases were identified simply as "(volume #) U.S. (page #) (year)".

## Justices of the Supreme Court at the time of 68 U.S. (1 Wall.)

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 68 U.S. (1 Wall.) were decided the Court comprised these ten members (this was due to the Tenth Circuit Act of 1863, expanding the Court's membership from nine to ten justices, to date the largest number of active justices in its history):
| Justice | Office | Home State | Succeeded | Date confirmed by the Senate (Vote) | Tenure on Supreme Court |
| Roger B. Taney | Chief Justice | Maryland | John Marshall | March 15, 1836 (29–15) | March 28, 1836 – October 12, 1864 (Died) |
| James Moore Wayne | Associate Justice | Georgia | William Johnson | January 9, 1835 (Acclamation) | January 14, 1835 – July 5, 1867 (Died) |
| John Catron | Associate Justice | Tennessee | newly created seat | March 8, 1837 (28–15) | May 1, 1837 – May 30, 1865 (Died) |
| Samuel Nelson | Associate Justice | New York | Smith Thompson | February 14, 1845 (Acclamation) | February 27, 1845 – November 28, 1872 (Retired) |
| Robert Cooper Grier | Associate Justice | Pennsylvania | Henry Baldwin | August 4, 1846 (Acclamation) | August 10, 1846 – January 31, 1870 (Retired) |
| Nathan Clifford | Associate Justice | Maine | Benjamin Robbins Curtis | January 12, 1858 (26–23) | January 21, 1858 – July 25, 1881 (Died) |
| Noah Haynes Swayne | Associate Justice | Ohio | John McLean | January 24, 1862 (38–1) | January 27, 1862 – January 24, 1881 (Retired) |
| Samuel Freeman Miller | Associate Justice | Iowa | Peter Vivian Daniel | July 16, 1862 (Acclamation) | July 21, 1862 – October 13, 1890 (Died) |
| David Davis | Associate Justice | Illinois | John Archibald Campbell | December 8, 1862 (Acclamation) | December 10, 1862 – March 4, 1877 (Resigned) |
| Stephen Johnson Field | Associate Justice | California | newly created seat | March 10, 1863 (Acclamation) | May 10, 1863 – December 1, 1897 (Retired) |

## Notable Case in 68 U.S. (1 Wall.)
### Ex parte Vallandigham

Ex parte Vallandigham, 68 U.S. (1 Wall.) 243 (1864) is a case involving a former congressman, Clement Vallandigham of Ohio, who had violated an Army order against the public expression of sympathy for the Confederate States and their cause. Vallandigham was tried before a military tribunal for treason after he delivered an incendiary speech at Mount Vernon; he appealed the military verdict to the Supreme Court, arguing that he as a civilian could not be tried before a military tribunal. On appeal, the Supreme Court issued a unanimous ruling refusing to address Vallandigham's main argument that the military tribunal lacked jurisdiction to try him. Instead, they held that the Court was only authorized to take appeals as regulated by Congress – and Congress had never authorized them to take an appeal from a military tribunal, denying Vallandigham's appeal for lack of jurisdiction. Ex parte Vallandigham was cited by the Supreme Court in several important 20th Century cases, for example, Ex parte Quirin, and Youngstown Sheet & Tube Co. v. Sawyer.

## 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 68 U.S. (1 Wall.)

| Case Name | Page & year | Opinion of the Court | Concurring opinion(s) | Dissenting opinion(s) | Lower Court | Disposition |
| Cross v. De Valle | 5 (1864) | Grier | none | none | C.C.D.R.I. | affirmed |
| Wright v. Ellison | 16 (1864) | Swayne | none | none | C.C.D.C. | affirmed |
| Pomeroy's Lessee v. State Bank I | 23 (1863) | Wayne | none | none | C.C.D. Ind. | dismissal denied |
| Clearwater v. Meredith | 25 (1864) | Davis | none | none | C.C.D. Ind. | affirmed |
| The Commander-in-Chief | 43 (1864) | Clifford | none | none | C.C.S.D.N.Y. | affirmed |
| Hutchins v. King | 53 (1864) | Field | none | none | C.C.D.N.H. | affirmed |
| Dermott v. Wallach | 61 (1864) | Nelson | none | none | C.C.D.C. | reversed |
| Ryan v. Bindley | 66 (1864) | Davis | none | none | C.C.S.D. Ohio | reversed |
| Ex parte Dubuque & P.R.R. | 69 (1864) | Catron | none | none | D. Iowa | mandamus granted |
| Orchard v. Hughes | 73 (1864) | Nelson | none | none | Sup. Ct. Terr. Neb. | multiple |
| Eames v. Godfrey | 78 (1864) | Davis | none | none | C.C.D. Mass. | reversed |
| Gaylords v. Kelshaw | 81 (1864) | Miller | none | none | C.C.D. Ind. | remanded |
| Mercer Cnty. v. Hacket | 83 (1864) | Grier | none | none | C.C.W.D. Pa. | affirmed |
| Bayne v. Morris | 97 (1863) | Davis | none | none | C.C.D. Md. | reversed |
| Burr v. Des Moines et al. Co. | 99 (1864) | Miller | none | none | C.C.D. Iowa | dismissed |
| United States v. Sepulveda | 104 (1864) | Field | none | none | D. Cal. | reversed |
| Minnesota v. Bachelder | 109 (1864) | Nelson | none | none | Minn. | reversed |
| Bridge P. v. Hoboken Co. | 116 (1864) | Miller | none | none | N.J. | affirmed |
| Jones v. Morehead | 155 (1864) | Miller | none | none | C.C.W.D. Pa. | reversed |
| Sweeny v. Easter | 166 (1864) | Miller | none | none | C.C.D.C. | affirmed |
| Gelpcke v. City of Dubuque I | 175 (1864) | Swayne | none | Miller | D. Iowa | reversed |
| Gelpcke v. City of Dubuque II | 220 (1864) | Swayne | none | Miller | D. Iowa | reversed |
| Gelpcke v. City of Dubuque III | 221 (1864) | Swayne | none | Miller | D. Iowa | reversed |
| Baldwin v. Hale | 223 (1864) | Clifford | none | none | C.C.D. Mass. | affirmed |
| Baldwin v. Bank of Newbury | 234 (1864) | Clifford | none | none | C.C.D. Mass. | affirmed |
| Ex parte Vallandigham | 243 (1864) | Wayne | none | none | military commission | certiorari denied |
| Dunham v. Cincinnati et al. Ry. Co. | 254 (1864) | Clifford | none | none | C.C.D. Ind. | reversed |
| Sturgis v. Clough | 269 (1864) | Grier | none | none | C.C.S.D.N.Y. | affirmed |
| Seybert v. City of Pittsburgh | 272 (1864) | Grier | none | none | C.C.W.D. Pa. | reversed |
| Gregg v. Von Phul | 274 (1864) | Davis | none | none | C.C.N.D. Ill. | affirmed |
| Malarin v. United States | 282 (1864) | Field | none | none | S.D. Cal. | reversed |
| Van Hostrup v. City of Madison | 291 (1864) | Nelson | none | none | C.C.D. Ind. | reversed |
| Miller v. Tiffany | 298 (1864) | Swayne | none | none | C.C.D. Ind. | affirmed |
| United States v. d'Aguirre | 311 (1864) | Field | none | none | S.D. Cal. | affirmed |
| Godfrey v. Eames | 317 (1864) | Swayne | none | none | C.C.D. Mass. | reversed |
| United States v. Johnson | 326 (1864) | Grier | none | none | S.D. Cal. | affirmed |
| Jones v. Green | 330 (1864) | Field | none | none | Sup. Ct. Terr. Neb. | reversed |
| Baker v. Gee | 333 (1864) | Davis | none | none | C.C.D. Mo. | affirmed |
| Lee v. Watson | 337 (1864) | Field | none | none | C.C.D. Ky. | dismissed |
| Bloomer v. Millinger | 340 (1864) | Clifford | none | none | C.C.W.D. Pa. | affirmed |
| United States v. Auguisola | 352 (1864) | Field | none | none | S.D. Cal. | affirmed |
| Schuchardt v. Allens | 359 (1864) | Swayne | none | none | C.C.S.D.N.Y. | affirmed |
| Hardy v. Johnson | 371 (1863) | Field | none | none | C.C.N.D. Cal. | affirmed |
| Iasigi & G. v. Collector | 375 (1864) | Nelson | none | none | C.C.D. Mass. | affirmed |
| Meyer v. City of Muscatine | 384 (1864) | Swayne | none | Miller | D. Iowa | reversed |
| Woods v. Freeman | 398 (1864) | Davis | none | none | C.C.N.D. Ill. | affirmed |
| United States v. Moreno | 400 (1864) | Swayne | none | none | S.D. Cal. | affirmed |
| Bronson v. La Crosse & M.R.R. Co. | 405 (1864) | Nelson | none | Catron | D. Wis. | reversed |
| United States v. Yorba | 412 (1864) | Field | none | none | S.D. Cal. | affirmed |
| Niswanger v. Saunders | 424 (1864) | Catron | none | none | Ohio | reversed |
| United States v. Halleck | 439 (1864) | Field | none | none | N.D. Cal. | affirmed |
| Orient M. Ins. Co. v. Wright | 456 (1864) | Miller | Nelson | Swayne | not indicated | affirmed |
| Homer v. Collector | 486 (1864) | Nelson | none | none | C.C.D. Mass. | certification |
| Turrill v. Michigan S.R.R. Co. | 491 (1864) | Clifford | none | none | C.C.D. Mich. | reversed |
| Roosevelt v. Meyer | 512 (1863) | Wayne | none | none | N.Y. | dismissed |
| Wheeler v. Sage | 518 (1864) | Davis | none | none | D. Wis. | affirmed |
| Burr v. Duryee I | 531 (1864) | Grier | none | none | C.C.D.N.J. | affirmed |
| Burr v. Duryee II | 578 (1864) | per curiam | none | none | C.C.D.N.J. | affirmed |
| Burr v. Duryee III | 579 (1864) | per curiam | none | none | C.C.D.N.J. | affirmed |
| Rodrigues v. United States | 582 (1864) | Miller | none | none | N.D. Cal. | affirmed |
| Pomeroy's Lessee v. State Bank II | 592 (1864) | Clifford | none | none | C.C.D. Ind. | affirmed |
| Spain v. Hamilton's Adm'r | 604 (1864) | Wayne | none | none | C.C.D.C. | affirmed |
| Gray v. Brignardello | 627 (1864) | Davis | none | none | C.C.N.D. Cal. | multiple |
| Beaver v. Taylor | 637 (1864) | Swayne | none | none | C.C.S.D. Ill. | reversed |
| Rogers v. Marshal | 644 (1864) | Davis | none | none | C.C.D. Wis. | affirmed |
| Blossom v. Milwaukee & C.R.R. Co. | 655 (1864) | Miller | none | none | D. Wis. | dismissal denied |
| United States v. Vallejo | 658 (1864) | Miller | none | none | S.D. Cal. | affirmed |
| White v. United States | 660 (1864) | Swayne | none | none | N.D. Cal. | affirmed |
| The Resolute | 682 (1864) | Clifford | none | none | not indicated | regs interpreted |
| Parker v. Phetteplace | 684 (1864) | Nelson | none | none | C.C.D.R.I. | affirmed |
| United States v. Gomez | 690 (1864) | Clifford | none | none | S.D. Cal. | dismissal denied |
| Houghton v. Jones | 702 (1863) | Field | none | none | N.D. Cal. | affirmed |
| United States v. Morillo | 706 (1864) | Miller | none | none | S.D. Cal. | dismissed |
| United States v. Estudillo | 710 (1864) | Field | none | none | N.D. Cal. | dismissed |
| Romero v. United States | 721 (1864) | Clifford | none | none | N.D. Cal. | affirmed |
| United States v. Workman | 745 (1864) | Clifford | none | none | S.D. Cal. | reversed |
| United States v. Jones | 766 (1864) | Clifford | none | none | S.D. Cal. | reversed |