The Plattsburgh Marino
APPEAL from the Circuit Court for the Southern District of New-York.
This was a seizure of the schooner Plattsburgh, otherwise called the Maria Gertrudes, on the Coast of Africa, made by the United States ship of war, the Cyane, in the year 1820. The vessel was brought into the port of New-York for adjudication, and a libel of information was filed in the District Court, under the acts of Congress of 1794, c. 11. and of 1800, c. 205. prohibiting the slave trade. A claim was given in on behalf of Juan Marino, a Spanish subject, and a resident merchant of St. Jago de Cuba. Upon the proofs taken, a decree of condemnation was pronounced in the District Court, which was affirmed in the Circuit Court pro forma, and the cause was brought by appeal to this Court. March 15th.
The cause was argued by Mr. Jones and Mr. Mayer, [a] for the appellants, and by the Attorney General for the respondents. [b] The argument turned principally upon the question of fact, as to the origin of the adventure in the United States, and the alleged subsequent transfer to a Spanish subject, so as to change the property, and break the continuity of the voyage. The same grounds of law were also insisted on by both parties, as in the argument of the preceding case of the Antelope; but, as the present cause was determined by the Court exclusively upon the facts respecting the alleged sale and change of voyage, it has not been thought necessary to report the arguments of counsel.
The cases cited from the English Admiralty Reports, will be found in the APPENDIX to the present volume, (C.) p. 40-84. March 18th.
Mr. Justice STORY delivered the opinion of the Court.
^a They cited, the Diana, 1 Dodson's Rep. 95. The Louis, 2 Dodson's Rep. 228.
^b He cited, the Fortuna, 1 Dodson's Rep. 81. 86. The Donna Marianna, 1 Dodson's Rep. 91. The St. Jago de Cuba, 9 Wheat. Rep. 409.