List of United States Supreme Court cases, volume 30
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This is a list of cases reported in volume 30 (5 Pet.) of ''
United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner ...
'', decided by the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in 1831.


Nominative reports

In 1874, the U.S. government created the ''United States Reports'', and retroactively numbered older privately-published
case reports In medicine, a case report is a detailed report of the symptoms, signs, diagnosis, treatment, and follow-up of an individual patient. Case reports may contain a demographic profile of the patient, but usually describe an unusual or novel occurrence ...
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 Nominate reports, also known as nominative reports, named reports and private reports, is a legal term from common law, common-law jurisdictions referring to the various published collections of reports of English law, English cases in various court ...
").


Richard Peters, Jr.

Starting with the 26th volume of ''U.S. Reports'', the
Reporter of Decisions of the Supreme Court of the United States The reporter of decisions of the Supreme Court of the United States is the official charged with editing and publishing the opinions of the Supreme Court of the United States, both when announced and when they are published in permanent bound vol ...
was Richard Peters, Jr. Peters was Reporter of Decisions from 1828 to 1843, covering volumes 26 through 41 of ''United States Reports'' which correspond to volumes 1 through 16 of his ''Peters's Reports''. As such, the dual form of citation to, for example, ''Hunter v. United States'' is 30 U.S. (5 Pet.) 173 (1831).


Justices of the Supreme Court at the time of 30 U.S. (5 Pet.)

The Supreme Court is established by Article III, Section 1 of the
Constitution of the United States The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
, 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 A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
to set the number of justices. Under the
Judiciary Act of 1789 The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Secti ...
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 7 is a number, numeral, and glyph. 7 or seven may also refer to: * AD 7, the seventh year of the AD era * 7 BC, the seventh year before the AD era * The month of July Music Artists * Seven (Swiss singer) (born 1978), a Swiss recording artist ...
,
nine 9 is a number, numeral, and glyph. 9 or nine may also refer to: Dates * AD 9, the ninth year of the AD era * 9 BC, the ninth year before the AD era * 9, numerical symbol for the month of September Places * Nine, Portugal, a parish in the ...
, ten, and back to
nine 9 is a number, numeral, and glyph. 9 or nine may also refer to: Dates * AD 9, the ninth year of the AD era * 9 BC, the ninth year before the AD era * 9, numerical symbol for the month of September Places * Nine, Portugal, a parish in the ...
justices (always including one chief justice). When the cases in 30 U.S. (5 Pet.) were decided, the Court comprised these seven justices:


Notable Case in 30 U.S. (5 Pet.)


''Cherokee Nation v. Georgia''

In ''
Cherokee Nation v. Georgia ''Cherokee Nation v. Georgia'', 30 U.S. (5 Pet.) 1 (1831), was a United States Supreme Court case. The Cherokee Nation sought a federal injunction against laws passed by the U.S. state of Georgia depriving them of rights within its boundaries, but ...
''
30 U.S. (5 Pet.) 1 (1831)
the
Cherokee Nation The Cherokee Nation (Cherokee: ᏣᎳᎩᎯ ᎠᏰᎵ ''Tsalagihi Ayeli'' or ᏣᎳᎩᏰᎵ ''Tsalagiyehli''), also known as the Cherokee Nation of Oklahoma, is the largest of three Cherokee federally recognized tribes in the United States. It ...
sought a federal
injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
against laws passed by the U.S. state of
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
depriving the tribe of rights within its geographical boundaries, but the Supreme Court did not hear the case on its merits. It ruled that it had no
original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Sup ...
in the matter, since the Cherokees were a dependent nation, with a relationship to the United States like that of a "ward to its guardian". One year later, however, in ''Worcester v. Georgia'', 31 U.S. 515 (1832), the Supreme Court ruled that the Cherokee Nation was sovereign. According to the decision, this meant that Georgia had no right to enforce state laws in the Cherokee territory. President
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...
refused to enforce the ruling, however, instead directing the expulsion of the Cherokee Nation from Georgia. U.S. Army forces were used in some cases to round them up. Their expulsion and subsequent route is called "
The Trail of Tears The Trail of Tears was an ethnic cleansing and forced displacement of approximately 60,000 people of the "Five Civilized Tribes" between 1830 and 1850 by the United States government. As part of the Indian removal, members of the Cherokee, Mus ...
". Of the 15,000 who left Georgia, 4,000 died on the journey to
Indian Territory The Indian Territory and the Indian Territories are terms that generally described an evolving land area set aside by the Federal government of the United States, United States Government for the relocation of Native Americans in the United St ...
in the present-day U.S. state of
Oklahoma Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
.


Citation style

Under the
Judiciary Act of 1789 The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Secti ...
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 In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Sup ...
(''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 ''The Bluebook: A Uniform System of Citation'' is a style guide that prescribes the most widely used legal citation system in the United States. It is taught and used at a majority of U.S. law schools and is also used in a majority of federal ...
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 The United States District Court for the District of Massachusetts (in case citations, D. Mass.) is the federal district court whose territorial jurisdiction is the Commonwealth of Massachusetts, United States. The first court session was hel ...
* "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 The United States District Court for the Middle District of Alabama (in case citations, M.D. Ala.) is a federal court in the Eleventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appeal ...
\* "Ct. Cl." =
United States Court of Claims The Court of Claims was a federal court that heard claims against the United States government. It was established in 1855, renamed in 1948 to the United States Court of Claims (), and abolished in 1982. Then, its jurisdiction was assumed by the n ...
* 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 The Supreme Court of Pennsylvania is the highest court in the Commonwealth of Pennsylvania's Unified Judicial System. It also claims to be the oldest appellate court in the United States, a claim that is disputed by the Massachusetts Supreme ...
** ''e.g.,''"Me." =
Supreme Judicial Court of Maine The Maine Supreme Judicial Court is the highest court in the state of Maine's judicial system. It is composed of seven justices, who are appointed by the Governor and confirmed by the Maine Senate. From 1820 until 1839, justices served lifetime ...


List of cases in 30 U.S. (5 Pet.)


Notes and references


See also

* certificate of division


External links



Case reports in volume 30 (5 Pet.) from Library of Congress

Case reports in volume 30 (5 Pet.) from Court Listener

Case reports in volume 30 (5 Pet.) from the Caselaw Access Project of
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...


Case reports in volume 30 (5 Pet.) from Google Scholar

Case reports in volume 30 (5 Pet.) from Justia

Case reports in volume 30 (5 Pet.) from Open Jurist
Website of the United States Supreme Court

United States Courts website about the Supreme Court


* ttps://www.americanbar.org/groups/young_lawyers/publications/after-the-bar/essentials/how-does-the-supreme-court-work/ American Bar Association, How Does the Supreme Court Work?
The Supreme Court Historical Society
{{DEFAULTSORT:United States Supreme Court cases by volume 1831 in United States case law