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").
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).[2] 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 18 U.S. (5 Wheat.) were decided, the Court comprised these seven justices:
Kimbo, one of 36 men aboard La Amistad, c. 1839–1840
La Amistad
La Amistad18 U.S. (5 Wheat.) 385 (1820) was a 19th-century two-mastedschooner, owned by a Spaniard living in Cuba. It became renowned in July 1839 for a slave revolt by Mende captives. The ship was eventually taken into American custody in New Orleans. Spain requested President Martin Van Buren to return the African captives to Cuba under a treaty. Litigation followed. Because of issues of ownership and jurisdiction, the case gained international attention. The case was decided by the Supreme Court of the United States in favor of the Mende, restoring their freedom. It became a symbol in the United States in the movement to abolish 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 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 . . .
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