List of United States Supreme Court cases, volume 40

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This is a list of cases reported in volume 40 (15 Pet.) of United States Reports, decided by the Supreme Court of the United States in 1841.

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").

Starting with the 26th volume of U. S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Richard Peters, Jr. Peters was Reporter of Decisions from 1828 to 1843, covering volumes 26 through 41 of United States Reports which correspond to volumes 1 through 16 of his Peters's Reports. As such, the dual form of citation to, for example, Levy v. Fitzpatrick is 40 U. S. (15 Pet.) 167 (1841).

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). 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 40 U. S. (15 Pet.) were decided the Court comprised nine justices at the start of the 1841 term, but only eight when it adjourned in March 1841; Justice Philip P. Barbour had died in February 1841. Portrait Justice Office Home State Succeeded Date confirmed by the Senate(Vote) Tenure on Supreme Court Roger B. Taney Chief Justice Maryland John Marshall March 15, 1836(29–15) March 28, 1836–October 12, 1864(Died) Joseph Story Associate Justice Massachusetts William Cushing November 18, 1811(Acclamation) February 3, 1812–September 10, 1845(Died) Smith Thompson Associate Justice New York Henry Brockholst Livingston December 9, 1823(Acclamation) September 1, 1823–December 18, 1843(Died) John McLean Associate Justice Ohio Robert Trimble March 7, 1829(Acclamation) January 11, 1830–April 4, 1861(Died) Henry Baldwin Associate Justice Pennsylvania Bushrod Washington January 6, 1830(41–2) January 18, 1830–April 21, 1844(Died) James Moore Wayne Associate Justice Georgia William Johnson January 9, 1835(Acclamation) January 14, 1835–July 5, 1867(Died) Philip P. Barbour Associate Justice Virginia Gabriel Duvall March 15, 1836(30–11) May 12, 1836–February 25, 1841(Died) John Catron Associate Justice Tennessee newly created seat March 8, 1837(28–15) May 1, 1837–May 30, 1865(Died) John McKinley Associate Justice Alabama newly created seat September 25, 1837(Acclamation) January 9, 1838–July 19, 1852(Died)

The Schooner Amistad, 40 U. S. (15 Pet.) 518 (1841), resulted from the rebellion of kidnapped Africans on board the Spanish schooner La Amistad in 1839. It was an unusual freedom suit that involved international issues and parties as well as U. S. law. The lower courts ruled that the captives had acted as free men when they fought to escape their illegal confinement and were entitled to take whatever measures were necessary to secure their freedom, including the use of force. Under international and Southern sectional pressure, American President Martin Van Buren ordered the case appealed to the US Supreme Court, which affirmed the lower court ruling and authorized release of the captives.

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 . e. g.,"D. Mass." = United States District Court for the District of Massachusetts
"E." = Eastern; "M." = Middle; "N." = Northern; "S." = Southern; "W." = Western
e. g.,"C. C. S. D. N. Y." = United States Circuit Court for the Southern District of New York
e. g.,"M. D. Ala." = United States District Court for the Middle District of Alabama
"Ct. Cl." = United States Court of Claims
The abbreviation of a state's name alone indicates the highest appellate court in that state's judiciary at the time. e. g.,"Pa." = Supreme Court of Pennsylvania
e. g.,"Me." = Supreme Judicial Court of Maine

Case Name Page & year Opinion of the Court Concurring opinion(s) Dissenting opinion(s) Lower court Disposition Vaughan v. Northup 1 (1841) Story none none C. C. D. C. affirmed Gaines v. Relf 9 (1841) Thompson none none C. C. E. D. La. certification Coons' Lessee v. Gallaher 18 (1841) Taney none none Ohio dismissed Mayburry v. Brien 21 (1841) McLean none none C. C. D. Md. affirmed The Schooner North Carolina 40 (1841) Taney none none Ct. App. Terr. Fla. reversed Mitchel v. United States 52 (1841) Wayne none none Fla. Super. Ct. affirmed Brush v. Ware 93 (1841) McLean none none C. C. D. Ohio affirmed Gorman v. Lenox's Executors 115 (1841) McLean none none C. C. D. C. affirmed Ex parte Crenshaw 119 (1841) Taney none none C. C. S. D. Ala. decree nullified Smith v. Clapp 125 (1841) McKinley none none C. C. S. D. Ala. affirmed United States v. Rodman 130 (1841) Wayne none none Fla. Super. Ct. affirmed United States v. Dickson 141 (1841) Story none none C. C. S. D. Miss. affirmed Levy v. Fitzpatrick 167 (1841) McKinley none none C. C. E. D. La. dismissed United States v. Forbes' Heirs 173 (1841) Catron none none Fla. Super. Ct. reversed United States v. Boyd 187 (1841) Catron none none C. C. S. D. Miss. reversed Amis v. Pearle 211 (1841) Story none none not indicated dismissed Lea v. Kelly 213 (1841) Taney none none C. C. S. D. Ala. dismissed Buyck v. United States 215 (1841) Wayne none none Fla. Super. Ct. affirmed United States v. Delespins's Heirs 226 (1841) Wayne none none Fla. Super. Ct. affirmed Rhode Island v. Massachusetts 233 (1841) Taney none none original order to answer O'Hara v. United States 275 (1841) Wayne none none Fla. Super. Ct. affirmed Gwin v. Breedlove 284 (1841) Taney none none C. C. S. D. Miss. decree nullified Young v. Smith 287 (1841) Story none none C. C. S. D. Ala. dismissed United States v. Linn 290 (1841) Thompson none none C. C. D. Ill. certification Gratiot v. United States 336 (1841) Story none none C. C. D. Mo. reversed United States v. Bank of the Metropolis 377 (1841) Wayne none none C. C. D. C. affirmed United States v. Fitzgerald 407 (1841) McKinley none none C. C. E. D. La. affirmed Minis v. United States 423 (1841) Story none none C. C. D. Ga. affirmed Groves v. Slaughter 449 (1841) Thompson McLean, Taney none C. C. E. D. La. affirmed The Schooner Amistad 518 (1841) Story none none C. C. D. Conn. multiple