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").
William Cranch
Starting with the 5th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was William Cranch. Cranch was Reporter of Decisions from 1801 to 1815, covering volumes 5 through 13 of United States Reports which correspond to volumes 1 through 9 of his Cranch's Reports. As such, the dual form of citation to, for example, Wells v. United States is 11 U.S. (7 Cranch) 22 (1812).
Justices of the Supreme Court at the time of 11 U.S. (7 Cranch)
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 11 U.S. (7 Cranch) were decided, the Court comprised these seven justices:
Fairfax's Devisee v. Hunter's Lessee, 11 U.S. (7 Cranch) 603 (1813), was a case arising out of the acquisition of land in Virginia. For the Court, Justice Joseph Story refused to accept as final the Virginia Court of Appeals' interpretation of Virginia law. He found that precedents in Virginia law itself upheld the titles in question. Story's decision to "look into" Virginia law was a vital step in securing federal supremacy. Otherwise, the federal courts could be effectively blocked, by a state court's decision, from addressing a federal question — in this case a British national's rights under treaties with Britain.[3]
Queen v. Hepburn, 11 U.S. (7 Cranch) 290 (1813), was a case in which a Maryland slave sued for her freedom. In support of her claim, her attorney offered several depositions containing testimony favorable to her. Chief Justice Marshall, who was a slave-owner, affirmed the lower court's judgment against the woman on the basis that the deposition statements were hearsay, and so were properly excluded from evidence. Dissenting, Justice Gabriel Duvall of Maryland, although also a slave-owner, pointed out that under Maryland law certain hearsay can legitimately be admitted to establish land boundaries, and that hearsay in cases involving freedom should be admitted as well.
Duvall wrote:
"It appears to me that the reason for admitting hearsay evidence upon a question of freedom is much stronger than in cases of . . . the boundaries of land. It will be universally admitted that the right to freedom is more important than the right of property. And people of color from their helpless condition under the uncontrolled authority of a master, are entitled to all reasonable protection. A decision that hearsay evidence in such cases shall not be admitted, cuts up by the roots all claims of the kind, and puts a final end to them, unless the claim should arise from a fact of recent date, and such a case will seldom, perhaps never, occur."[4]
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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