National Archives Records relating to the Supreme Court
1789-1830s
  
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University of Maryland School of Law
Legal History Seminar: Baltimore's Maritime Cases in the U. S. Supreme Court
Garrett Power, Frederick Leiner, Edward C. Papenfuse


This e-publication of a portion of the dockets, minutes, case files, and the record of attornies admitted to practice,  of the U. S. Supreme Court was compiled from National Archives microfilm produced in the 1960s.  It provides on-line access to the records of the Court relating to its Admiralty jurisdiction, specifically the surviving records relating to cases assigned in a seminar at the University of Maryland School of Law entitled Legal History Seminar: Baltimore's Maritime Cases in the U. S. Supreme Court.  

According to John Thomas Scharf, during the era of the War of 1812, Baltimore was a "nest of pirates". One of the objectives of the seminar is  to focus on the legal consequences of privateering financed by Baltimore as it came to the attention of the U. S. Supreme Court in appeals from the Federal Circuit courts, and to assess the consequences of what Donald A. Petrie called The Prize Game, Lawful Looting on the High Seas in the Days of Fighting Sail (Annapolis, MD: Naval Institute Press, 1999).

This e-publication consists of the images from six reels of film purchased from the National Archives for the use of the seminar:

1) the engrossed (polished) minutes of the U. S. Supreme Court from 1789- contained on National Archives and Records Administration (NARA) microfilm publication M215.

2) the dockets of the U. S. Supreme Court from contained on National Archives and Records Administration (NARA) microfilm publication M216

3) a sample of the surviving transcripts of case files submitted on appeal to the Supreme Court for the year 1815 contained on National Archives and Records Administration (NARA) microfilm publication, M214

4) the record of attornies admitted to practice before the Supreme Court  contained on National Archives and Records Administration (NARA) microfilm publication M217


Participants in the seminar are provided the original printed report of their assigned case as found in Cranch, Wheaton, or Peters.   In addtion to reviewing and 'shepardizing' the case on-line with Lexis and/or Westlaw, participants in the seminar are required to find the original minutes, docket entry, and the dates of admission to practice to the U. S. Supreme Court of the lawyers arguing their assigned case.   The surviving lower court case files for the assigned cases are not provided in this e-publication (they are compiled separately) but how to go about finding them, if they have survived, is demonstrated in the example of "The Hiram":


The second case of the Hiram decided by the Supreme Court is officially reported in print by Henry Wheaton in 1 Wheaton 440, published in 1816.

Briefly stated, this is a case brought by the consigners/owners of a cargo of flour shipped from Baltimore in the fall of 1812 to Lisbon, Portugal to help feed the British Army.  It was brought  against the American privateer Thorn, which captured it on its way to Lisbon.  The Theron claimed it as a prize after discovering that the Hiram was a vessel operating under a safe conduct license from the British which was against American law in the time of war, and made the Hiram subject to capture as a prize of war.  The owners of the cargo claimed they knew nothing of the license and sought to have their goods (the flour) returned.  The court decided to uphold the lower court decision that even if the owners of the cargo were unaware of the license, it was the illegal action of the ship owner in obtaining the license that made the ship and cargo liable for capture by the American privateer, and that all the proceeds belong to the captors (the Thorn,  its owners, captain, and crew).  Note that without recourse to the minutes from the Massachusetts Federal Circuit Court, you would not know that the lower court opinion that was affirmed by the Supreme Court was written by Justice Story.

Finding the minutes of the case is relatively easy because the printed report of the case is presented in the context of the term in which the case was decided,  in this instance, February Term, 1816. The minutes of the trial of the Hiram are to be found as the last entry on the last day of term, March 22, 1816, an entry followed by a rule regarding further proof required by the Court, and the appointment of Henry Wheaton as court reporter.

Finding  the docket entry for a case is more difficult as the dockets are in chronological order from the day the case was first brought to the Court's attention.  For example the Hiram's docket entry is found on folio 805 for February Term 1815, meaning that the case was entered on the Supreme Court docket then and, as indicated in the docket, decided on March 22, 1816.  Note that the docket contains a stamped number '752' added much later which refers to how the Supreme Court had filed  the case papers from the lower court and the order in which the National Archives filmed those papers.

Because it takes a year or two on average, in the era of the assigned cases,  from the entry on the docket to the resolution of the case by the Court, the hunt for the dockets in the assigned cases usually begins one or two terms before the year of decision in the case as reflected in the minutes and the printed reports.

As indicated in the docket, the case papers for the Hiram from the lower court (in this case the Federal District of Massachusetts, have survived and are filed as noted in the docket, on February 22, 1815.

Finding when the attornies in the Hiram case were first admitted to practice before the Supreme Court from this e-publication is partially answered by the alphabetical index at the beginning of National Archives microfilm publication M217.   For the Hiram, the lawyers who argued the case before the Supreme Court were William Pinkney, admitted February 8, 1806,  and Samuel Dexter, who does not appear on the index to the rolls, but is well known from his friendship with Justice Story and appeared as opposing counsel in privateering cases with William Pinkney until his death from scarlet fever in Athens, New York,  in May of 1816, following his win in the Hiram case.


The participants in the seminar are required to create a detailed abstract of content and timeline of the minutes, the docket, and printed report  that includes the names of all the judges/justices who heard the case, the litigants involved in the case, and the lawyers who argued the case, including  those who appeared before the Supreme Court and their dates of admission to practice before the court.


In addition to the Minutes of the Supreme Court, the seminar is provided on line access to an e-publication of the minutes of the Maryland Federal Circuit Court:

 http://mdhistory.net/msa_sm192/msa_sm192_sr4548/html/msa_sm192_sr4548-0010.html

Particpants in the seminar who were assigned cases on appeal from the Maryland Federal Circuit Court are to incorporate the Maryland Federal Circuit Court minutes for their case into their abstracts of contnent/timelines and assessments of the participants.

In all, each member of the seminar is expected to produce in writing:

1) An Abstract of Content and Annotated Timeline of an assigned case

2) An Annotated List of all the participants in an assigned case, noting their role in the case




e-publication prepared and introduced by Dr. Edward C. Papenfuse, State Archivist, retired
2014/09/06
corrections, comments and suggestions are welcome; address them to admiraltycases@gmail.com
















National Archives Records relating to the Supreme Court
1789-1830s
  
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