The former Court of Appeals in Cases of Capture, established by resolution of the Continental Congress on January 15, 1780,Cont'l Cong., Journal and Records from Jan. 15, 1780, in 16 Journals 61-64. was the first federal court in the United States. The court had jurisdiction over cases for the capture of enemy ships and cargo.

Origin

The idea for the court originated from requests sent by General George Washington during the American Revolution to President of Congress John Hancock,George Washington, Letter to the President of Congress dated Nov. 11, 1775, in 3 The Writings 213–14.George Washington, Letter to the President of Congress dated Dec. 4, 1775, in 3 The Writings 257–58. but initially resulted in only the establishment of committees within Congress to exercise such jurisdiction.Cont'l Cong., Journal and Records from Nov. 17, 1775, in 3 Journals 357–58.Cont'l Cong., Journal and Records from Nov. 23, 1775, in 3 Journals 364–65.Cont'l Cong., Journal and Records from Nov. 24, 1775, in 3 Journals 368-69.Cont'l Cong., Journal and Records from Nov. 25, 1775, in 3 Journals 371–75. Upon learning of this deviation from his earlier requests, Washington sent another request to Hancock again asking that Congress establish the court,George Washington, Letter to the President of Congress dated Dec. 14, 1775, in 3 The Writings 274.Cont'l Cong., Journal and Records from Dec. 26, 1775, in 3 Journals 457. but Congress did not fulfill his request until almost four years later.

Authority for establishment Although specific express power to establish the Court was granted to Congress in the Articles of Confederation,Articles of Confederation art. IX, § 1. the Articles of Confederation were not yet fully ratified by all thirteen of the original states when Congress established the Court on January 15, 1780.Maryland did not ratify until February 2, 1781; see discussion of ratification by the states in Articles of Confederation. However, the U.S. Supreme Court ruled that Congress nonetheless had inherent power at that time to establish the Court.Penhallow v. Doane's Adm'rs, 3 U.S. 54 passim (1795) (holding throughout a seriatim opinion that Congress had inherent power to establish the Court of Appeals in Cases of Capture prior to ratification of the Articles of Confederation).

Duration The Court operated from shortly after its founding in 1780J.C. Bancroft Davis, Federal Courts, 131 U.S. app. at xxviii, xxix, and xxxv–xlix (see cases numbered 21, 38, 40, 45, 49, 50, 53, 56, 65 through 68, and 72 adjudicated or otherwise disposed of in 1780). through its final cases in 1787.J.C. Bancroft Davis, Federal Courts, 131 U.S. app. at xxviii, xxix, and xxxv–xlix (see cases numbered 87, 89, 103, and 109 adjudicated or otherwise disposed of in 1787). It officially ceased to exist following ratification of the U.S. Constitution in 1789See discussion of ratification by the states in United States Constitution. that transferred federal judicial power to the newly created U.S. Supreme Court and such other inferior (i.e., lower) federal courts as Congress may establish.U.S. Const. art. III, § 1; see also discussion of Section 1 in Article Three of the United States Constitution.Penhallow v. Doane's Adm'rs, 3 U.S. 54 (1795), 86 (opinion of Paterson, J.) ("The existence of the Court of Appeals [in Cases of Capture] terminated with the old government [of the United States of America] . . . .").

Jurisdiction Beginning with Massachusetts on November 1, 1775, several of the American colonies (and, later, states) established prize courts to exercise original jurisdiction over all cases (or libels) of captures (or prizes) consisting of enemy ships and cargo.J.C. Bancroft Davis, Federal Courts, in 131 U.S. app. at xx–xxii. Establishment of such courts was recommended by Congress on November 25, 1775.

On November 25, 1775, Congress also asserted federal appellate jurisdiction over such cases. After repeated scheduling difficulties when Congress attempted to hear the first appeal,Cont'l Cong., Journal and Records from Aug. 5, 1776, in 5 Journals 631.Cont'l Cong., Journal and Records from Aug. 12, 1776, in 5 Journals 647.Cont'l Cong., Journal and Records from Aug. 26, 1776, in 5 Journals 702. Congress initially assigned that jurisdiction to various special committees,Cont'l Cong., Journal and Records from Sept. 9, 1776, in 5 Journals 747.Cont'l Cong., Journal and Records from Sept. 30, 1776, in 5 Journals 835.Cont'l Cong., Journal and Records from Oct. 17, 1776, in 6 Journals 884–85.Cont'l Cong., Journal and Records from Nov. 7, 1776, in 6 Journals 931–32.Cont'l Cong., Journal and Records from Nov. 27, 1776, in 6 Journals 985–86.Cont'l Cong., Journal and Records from Dec. 31, 1776, in 6 Journals 1060.Cont'l Cong., Journal and Records from Jan. 4, 1777, in 7 Journals 13.Cont'l Cong., Journal and Records from Jan. 11, 1777, in 7 Journals 30. followed by a standing committee on January 30, 1777.Cont'l Cong., Journal and Records from Jan. 30, 1777, in 7 Journals 75.J.C. Bancroft Davis, Federal Courts, in 131 U.S. app. at xxiii–xxv and xxxv–xlix (see cases numbered 1 through 64).

Later, on January 15, 1780, Congress established the Court of Appeals in Cases of Capture to exercise that jurisdiction as a court of last resort.Cont'l Cong., Journal and Records from Jan. 15, 1780, in 16 Journals 61. On May 24, 1780, Congress transferred all remaining appeals pending before committees to the Court and specified that all future appeals were to be filed directly with the Court.Cont'l Cong., Journal and Records from May 24, 1780, in 17 Journals 457–59.

On June 27, 1786, the Court's jurisdiction was again expanded to include rehearings and new trials in certain cases wherever justice so required.Cont'l Cong., Journal and Records from June 27, 1786, in 30 Journals 355–56.

Special jurisdiction was also conferred upon the Court on February 11, 1782 for a capture adjudicated by a prize court in ConnecticutCont'l Cong., Journal and Records from Feb. 11, 1782, in 22 Journals 72. and on July 24, 1786 for a capture of the sloop Chester.Cont'l Cong., Journal and Records from July 24, 1786, in 30 Journals 423–24.

Times and locations of sessions The first session of the Court was required to be held in Philadelphia, Pennsylvania at the earliest opportunity. Subsequent sessions were to be held at other times and locations in the United States as deemed conducive to the public good, but no farther east than Hartford, Connecticut, and no farther south than Williamsburg, Virginia. Congress later specified the time and location for some sessions of the Court, including specific sessions to be held at Hartford, Connecticut; Philadelphia, Pennsylvania; Richmond, Virginia; and New York, New York.Cont'l Cong., Journal and Records from Jan. 29, 1783, in 24 Journals 98.

Procedure The primary means of initiating an appeal to the Court required a party to first demand an appeal in the trial court within five days after definitive sentence and then file an appeal in and give adequate security to the Court within forty days after demanding an appeal in the trial court.Cont'l Cong., Journal and Records from May 24, 1780, in 17 Journals 459. On Sept. 5, 1781, an extension of time for appeal was granted in the case of a capture decided in favor of Patrick Mahon against Roger Kean.Cont'l Cong., Journal and Records from Sept. 5, 1781, in 21 Journals 935–36. Additionally, some appeals filed with Congress and referred to committees were subsequently transferred to the Court.J.C. Bancroft Davis, Federal Courts, in 131 U.S. app. at xxxiv-xlix (see cases numbered 3, 18, 21, 30, 38, 40, 45, 49, 50, 53, and 56).

Trial by jury was considered inconsistent with the usage of nations, and, therefore, was not authorized in the Court. However, trial by jury was authorized in some of the state prize courts, where Congress initially recommended it, only to later recommend against it.Cont'l Cong., Journal and Records from Jan. 15, 1780, in 16 Journals 62.

In any case before the Court that involved a capture suspected of being collusive, the Court was required to demand sufficient proof to the contrary from the captor, and if the captor failed to meet that burden, the Court was required to award the prize to the state in which the original trial had been held.Cont'l Cong., Journal and Records from July 17, 1782, in 22 Journals 392–93.

Judges

The Court was composed of three judges, but a quorum required the presence of only two judges.

All judges serving on the Court were first required to take the following oath of office administered before the President of Congress:

You do swear [or affirm] that you will well, faithfully and impartially execute the office of one of the judges of the Court of Appeals in Cases of Capture, according to the best of your skill and judgment. So help you God.Cont'l Cong., Journal and Records from May 24, 1780, in 17 Journals 458.

Initially, the judges received annual salaries for their services with reimbursement for expenses,Cont'l Cong., Journal and Records from Sept. 13, 1780, in 18 Journals at 822. but their compensation was later changed to provide for only fixed daily rates, including time spent traveling on official business of the Court.Cont'l Cong., Journal and Records from July 1, 1785, in 29 Journals 493.Cont'l Cong., Journal and Records from Feb. 9, 1786, in 30 Journals 60-61.Cont'l Cong., Journal and Records from May 19, 1786, in 30 Journals 291.

The following individuals were elected by Congress to serve as judges on the Court: William Paca (elected Jan. 22, 1780;Cont'l Cong., Journal and Records from Jan. 22, 1780, in 16 Journals 79. accepted Feb. 8, 1780;Cont'l Cong., Journal and Records from Feb. 9, 1780, in 16 Journals 143. resigned November 21, 1782Cont'l Cong., Journal and Records from Nov. 21, 1782, in 23 Journals 746.). Titus Hosmer (elected Jan. 22, 1780; accepted April 12, 1780;Cont'l Cong., Journal and Records from May 4, 1780, in 16 Journals 411. died in office Aug. 4, 1780J.C. Bancroft Davis, Federal Courts, in 131 U.S. app. at xxvi.). George Wythe (elected Jan. 22, 1780; declined to serve Feb. 21, 1780Cont'l Cong., Journal and Records from March 13, 1780, in 16 Journals 254.). Cyrus Griffin (elected April 28, 1780;Cont'l Cong., Journal and Records from April 28, 1780, in 16 Journals 397. accepted May 4, 1780). George Read (elected Dec. 5, 1782;Cont'l Cong., Journal and Records from Dec. 5, 1782, in 23 Journals 765. accepted Dec. 10, 1782Cont'l Cong., Journal and Records from Dec. 19, 1782, in 23 Journals 821.). John Lowell (elected Dec. 5, 1782; accepted Feb. 12, 1783Cont'l Cong., Journal and Records from March 17, 1783, in 24 Journals 186.).

As judges on the Court, George Read had seniority over John Lowell based on the results of an election in Congress held on Dec. 13, 1782.Cont'l Cong., Journal and Records from Dec. 13, 1782, in 23 Journals 797.

Cases Surviving records show that a total of fifty-six cases were lodged with and adjudicated or otherwise disposed of by the Court, including eleven cases that were transferred from committees within Congress to the Court.J.C. Bancroft Davis, Federal Courts, in 131 U.S. app. at xxxiv–xlix (see cases numbered 3, 18, 21, 30, 38, 40, 45, 49, 50, 53, 56, and 65 through 109).

Although the Court did not generally issue formal written opinions of its decisions, opinions of the Court were nonetheless published in the following cases:J.C. Bancroft Davis, Federal Courts, in 131 U.S. app. at xxxv.2 Dall. *1–41 (using star pagination from 1st ed.).

The Resolution, . The Resolution, (rehearing). The Erstern, . The Gloucester, . The Squirrel, (authorized sale of ship to avoid deterioration; proceeds from sale remained subject to adjudication). The Speedwell, (reversed condemnation because capture occurred after preliminary articles of peace).