Yeaton and Others, of the Schooner General Pinkney and Cargo v. The United States
Supreme Court of the United States
THIS was an appeal from the sentence of the circuit court for the district of Maryland, which condemned the schooner General Pinkney and cargo, for breach of the act of congress prohibiting intercourse with certain ports or the island oí at.
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THIS was an appeal from the sentence of the circuit court for the district of Maryland, which condemned the schooner General Pinkney and cargo, for breach of the act of congress prohibiting intercourse with certain ports or the island oí at. Domingo; passed February, 28th 1806. Vol. 8. p. 11. This act was limited to one year; but by the act of February 24th, 1807, it was continued until the end of the then next session of congress, when it expired on the '26th of April, 1808. * , . _ , .r , .The schooner General Pinkney, on the 23d ot August, 1806, was cleared from Alexandria for St. Jago…
1Opinion of the Court
March 7.
Marshall, Ch. J.
delivered the opinion of the court io the following effect:
The majority of the court is clearly of Opinion, •that in admiralty cases an appeal suspends the tence altogether; and that it is not res adjudicuiá until the final sentence of the appellate court be pronounced. The cause in the appellate court is to be heard de novo, as if no sentence had been passed. ‘ This has been the uniform practice not only • in cases of appeal from the district to the circuit courts of the United States, but in this court also.
In prize causes, the principle has never been disputed; and…
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