This is a list of cases reported in volume 53 (12 How.) of United States Reports, decided by the Supreme Court of the United States in 1851 and 1852.
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 1âÂÂ90 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 42nd volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Benjamin Chew Howard. Howard was Reporter of Decisions from 1843 to 1860, covering volumes 42 through 65 of United States Reports which correspond to volumes 1 through 24 of his Howard's Reports. As such, the dual form of citation to, for example, Bein v. Heath is 53 U.S. (12 How.) 168 (1852).
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 53 U.S. (12 How.) were decided the Court comprised these nine members:
In Cooley v. Board of Wardens, 53 U.S. (12 How.) 299 (1852), the Supreme Court held that a Pennsylvania law requiring all ships entering or leaving the Port of Philadelphia to hire a local river pilot did not violate the Commerce Clause of the Constitution. The Court decided that the constitutional grant to Congress of power to regulate interstate commerce did not deprive the states of power to regulate maritime pilots; although Congress had legislated on the subject, its legislation showed an intention not to preempt the entire topic. The ruling, however, "empowered the slave states to interfere with interstate commerce to protect slavery."
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 courtsâÂÂand 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.