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![handle is hein.slavery/ussccases0149 and id is 1 raw text is: REPORTS
OF
THE DECISIONS
IN THE
SUPREME COURT OF THE UNITED STATES.
FEBRUARY TERM, 1826.
[PR&IZE.]
The MARIANNA FLORA. The Vice Consul of
Portugal, Claimant.
In Admiralty proceedings,'amendments are made in the appellate
Court, not only as to form, but as to matter of substance, as by the
filing a new count to the libel ; the parties being permitted, whenever
public justice, and the substantial merits require it, to introduce
new allegations and new proofs; non allegata allegare, et non pro-
bata probare.
If the amendment is made in the Circuit Court, the cause is heard
and adjudicated by that Court and (upon appeal) by this Court onthe
new allegation; but ifthe amendment is allowed by this Court, the
cause is remanded to the Circuit Court, with directions to permit
the amendment to be made.
An attack made upon a vessel of the United States, by an armed ves-
sel, with the avowed intention of repelling the approach of .the
former, or of crippling or destroying her, upon a mistaken suppo-
sition that she was a piratical cruizer, and without a piratical or
felonious intent, or for the purpose of wanton plunder, or malicious
destruction of property, is not a piratical aggression under the act
of the 5d of March, 1819, c. 75.
Nor is an armed vessel, captured under such circumstances, liable to
confiscation as for a hostile aggression, under the general law of
nations.
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