Court of Appeals in Cases of Capture facts for kids

The Court of Appeals in Cases of Capture was the first federal court in the United States. It was created by the Continental Congress on January 15, 1780. This court handled cases about capturing enemy ships and their goods during wartime.

Why the Court Was Created

During the American Revolution, private ships called privateers were allowed to capture enemy ships and their cargo. This was done using special permits called letters of marque.

The idea for this court came from General George Washington. During the American Revolutionary War, he asked President of Congress John Hancock to create a special court. At first, Congress only set up committees to handle these cases.

Washington sent another request, asking again for a proper court. But it took almost four years for Congress to agree.

How the Court Got Its Power

The Articles of Confederation gave Congress the power to create this court. However, the Articles were not fully approved by all thirteen original states when the court was set up in 1780.

Even so, the U.S. Supreme Court later said that Congress had the power to create the court anyway. This was because it was needed at the time.

How Long the Court Lasted

The Court of Appeals in Cases of Capture started working shortly after 1780. It heard its last cases in 1787. It officially ended when the U.S. Constitution was approved in 1789.

The new Constitution created the U.S. Supreme Court. It also allowed Congress to create other lower federal courts.

What Cases the Court Handled

Many of the American colonies, and later states, set up their own prize courts. These courts handled cases about captured enemy ships and their cargo. Congress suggested this on November 25, 1775.

On the same day, Congress also said that federal courts could review decisions from these state courts. This is called appellate jurisdiction. Because of problems with scheduling, Congress first gave this job to special committees. Later, a permanent committee was formed in 1777.

Finally, on January 15, 1780, Congress created the Court of Appeals in Cases of Capture. This court was the highest court for these types of cases. All appeals that were waiting with committees were moved to this new court. All future appeals went directly to the court.

Later, in 1786, the court's power grew. It could then hear cases again or grant new trials if justice required it. The court also handled special cases, like one from Connecticut in 1782 and another about a ship called the Chester in 1786.

Where and When the Court Met

The first meeting of the court was in Philadelphia, Pennsylvania. After that, sessions were held in other places across the United States. These locations were chosen to be good for the public.

The court did not meet farther east than Hartford, Connecticut. It also did not meet farther south than Williamsburg, Virginia. Congress later set specific times and places for some meetings. These included Hartford, Philadelphia, Richmond, Virginia, and New York, New York.

How Cases Were Appealed

To appeal a case to this court, a party first had to ask for an appeal in the original trial court. This had to be done within five days of the final decision. Then, they had to file the appeal with the Court of Appeals within forty days.

In 1781, an extension was given for an appeal in a case involving Patrick Mahon. Some appeals that were first sent to Congress committees were later moved to this court.

Cases in this court did not have a jury. This was because it was not common practice among nations for these types of cases. However, some state prize courts did use juries at first, but Congress later advised against it.

If the court suspected that a capture was not real, the captor had to prove it was. If they could not, the prize went to the state where the original trial happened.

The Judges

The court had three judges. But only two judges needed to be present for decisions to be made.

Before serving, all judges had to take an oath of office. This oath was given by the President of Congress. It made them promise to do their job fairly and well.

At first, judges received a yearly salary plus money for their expenses. Later, they were paid a set daily rate. This included time spent traveling for court business.

The following people were chosen by Congress to be judges:

• William Paca (served 1780-1782)
• Titus Hosmer (served 1780; died in office)
• George Wythe (elected 1780; declined to serve)
• Cyrus Griffin (served 1780)
• George Read (served 1782)
• John Lowell (served 1782)

George Read had more seniority than John Lowell. This was decided by an election in Congress in 1782.

Court Cases

Records show that the court handled 56 cases. Eleven of these cases were moved from committees within Congress.

The court usually did not write down formal opinions for its decisions. However, some opinions were published in these cases:

• The Resolution, 2 U.S. (2 Dall.) 1 (Ct. App. in Cases of Capture 1781).
• The Resolution, 2 U.S. (2 Dall.) 19 (Ct. App. in Cases of Capture 1781) (a second hearing for the same case).
• The Erstern, 2 U.S. (2 Dall.) 34 (Ct. App. in Cases of Capture 1782).
• The Gloucester, 2 U.S. (2 Dall.) 36 (Ct. App. in Cases of Capture 1782).
• The Squirrel, 2 U.S. (2 Dall.) 40 (Ct. App. in Cases of Capture 1783) (allowed the sale of a ship to prevent it from getting worse).
• The Speedwell, 2 U.S. (2 Dall.) 40 (Ct. App. in Cases of Capture 1784) (reversed a decision because the ship was captured after peace talks began).
• Luke v. Hulbert, 2 Dall. *41 (Ct. App. in Cases of Capture 1787) (case was dismissed).
• The Experiment v. The Chester, 2 Dall. *41 (Ct. App. in Cases of Capture 1787) (case was dismissed).

The records from this court were first given to the U.S. Supreme Court. Today, the National Archives keeps these records. Copies of these records are treated like copies of Supreme Court records.