This is a list of cases reported in volume 40 (15 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 1841.

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, ''Levy v. Fitzpatrick'' is 40 U.S. (15 Pet.) 167 (1841).

Justices of the Supreme Court at the time of 40 U.S. (15 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

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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 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

justices (always including one chief justice). When the cases in 40 U.S. (15 Pet.) were decided the Court comprised nine justices at the start of the 1841 term, but only eight when it adjourned in March 1841; Justice Philip P. Barbour had died in February 1841.On February 26, 1841, outgoing President

Martin Van Buren Martin Van Buren ( ; nl, Maarten van Buren; ; December 5, 1782 – July 24, 1862) was an American lawyer and statesman who served as the eighth president of the United States from 1837 to 1841. A primary founder of the Democratic Party, he ...

, a Democrat, nominated Peter Vivian Daniel to serve as an

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, to the seat vacated at Barbour's death the prior month. As Daniel's nomination to the Court was made during the last week of the president's term, and with his elected successor

William Henry Harrison William Henry Harrison (February 9, 1773April 4, 1841) was an American military officer and politician who served as the ninth president of the United States. Harrison died just 31 days after his inauguration in 1841, and had the shortest pres ...

of the Whig party due to take office on March 4, 1841, Whigs opposed confirmation in the Senate. Nonetheless, the Senate confirmed Daniel by a wide margin (25–5) on March 2, 1841, and he received his commission the following day. His actual service on the Supreme Court, however, began on January 10, 1842.

Notable Case in 40 U.S. (15 Pet.)

''The Schooner Amistad''

'' The Schooner Amistad''
40 U.S. (15 Pet.) 518 (1841)
resulted from the rebellion of kidnapped Africans on board the Spanish

schooner A schooner () is a type of sailing vessel defined by its rig: fore-and-aft rigged on all of two or more masts and, in the case of a two-masted schooner, the foremast generally being shorter than the mainmast. A common variant, the topsail schoon ...

La Amistad ''La Amistad'' (; Spanish for ''Friendship'') was a 19th-century two- masted schooner, owned by a Spaniard colonizing Cuba. It became renowned in July 1839 for a slave revolt by Mende captives, who had been captured and sold to European slave ...

'' in 1839. It was an unusual

freedom suit Freedom suits were lawsuits in the Thirteen Colonies and the United States filed by slaves against slaveholders to assert claims to freedom, often based on descent from a free maternal ancestor, or time held as a resident in a free state or ter ...

that involved international issues and parties as well as U.S. law. The lower courts ruled that the captives had acted as free men when they fought to escape their illegal confinement and were entitled to take whatever measures were necessary to secure their freedom, including the use of force. Under international and Southern sectional pressure, American President

ordered the case appealed to the US Supreme Court, which affirmed the lower court ruling and authorized release of the captives.

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 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 S ...

(''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." =

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* "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." =

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* "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." =

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** ''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 40 U.S. (15 Pet.)

Notes and references

External links

Case reports in volume 40 (15 Pet.) from Library of Congress

Case reports in volume 40 (15 Pet.) from Court Listener

Case reports in volume 40 (15 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 40 (15 Pet.) from Google Scholar

Case reports in volume 40 (15 Pet.) from Justia

Case reports in volume 40 (15 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 1841 in United States case law