The Marianna Flora
Supreme Court of the United States
The original libel filed in the District Court against the Portuguese ship Marianna Flora, and cargo, was for an alleged piratical aggression attempted or committed by the ship on the United States armed schooner Alligator, Lieutenant Stockton commander, against the act of Congress of the 3d of March, 1819, c. 75. entitled, “ An act to protect the commerce of the United Sthtes, and punish the crime of piracy.”a Upon the hearing of the cause in the District Court, the Judge…
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The original libel filed in the District Court against the Portuguese ship Marianna Flora, and cargo, was for an alleged piratical aggression attempted or committed by the ship on the United States armed schooner Alligator, Lieutenant Stockton commander, against the act of Congress of the 3d of March, 1819, c. 75. entitled, “ An act to protect the commerce of the United Sthtes, and punish the crime of piracy.”a Upon the hearing of the cause in the District Court, the Judge pronounced an interlocutory sentence of restitution, and subsequently pronounced a further decree for damages, amounting…
1Opinion of the CourtJustice Story
Amendment byB addf d'nss new count fire libel.
Court, and after stating the pleadings, proceeded follows:
An objection, which is preliminary in its nature, has been taken to the admissibility of this new count to the libel, filed in the Circuit Court, upon the ground, that the original subiect matte r was exclusively cognizable m the District Court; and to allow this amendment would be to institute an original, and not an appellate inquiry in the Circuit Court. But the objection itself is founded on a mistaken view of the rights and authorities of appellate Courts of admiralty. It is the common…
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