the constitution or laws uses the words equity-common lawadmiralty-maritime law-civil law-trial by jury-felony, &c., it is to the English law and to English dictionaries that we must resort for the meaning of those terms, but it by no means follows, that we must look to the same source for the structure and jurisdiction of our national courts, or for the rules of decision which they are to follow. The force of a common language even added to that of our historical connection, was altogether too feeble, properly, to give to our new made and original political institutions any transatlantic odor, much less to characterize them by strong English analogies.

33. In view of these considerations, it may be further observed that the grant in the Constitution of admiralty and maritime jurisdiction is confined solely to the judicial power properly so called "The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time establish."____" The judicial power shall extend to all cases of admiralty and maritime jurisdiction."-The Admiral, in many countries, had numerous powers, duties and rights which sprang from and related. to his military or naval character, and to his dignity and station as a high executive officer, clothed with many of the prerogatives of royalty, rather than to his judicial character. He was a high naval commander and nothing else, a commander-inchief, subordinate only to the king, and some of his mere perquisites and privileges have been subjects of the jurisdiction of the admiralty court. All those portions of the power of the Admiral which may be properly called executive or administrative are unknown to the American Admiralty. The trappings, perquisites, prerogatives and droits of the admiralty are left to governments with which they are in harmony and a purely judicial function, to be exercised only in cases of maritime character, between party and party, by judges and courts, and not by the admiral nor his deputies, was thus granted to the United States in the simplest and most comprehensive language. It provides for nothing but "cases" in courts.(a)

(a) § 31, 21, 38, 39. 6 Wheat. 264.

22

AMERICAN ADMIRALTY JURISDICTION.

34. As it embraces nothing but cases, so it embraces all cases of admiralty and maritime jurisdiction, nothing can be more full, simple, clear and unquestionable than the words of the grant, "all cases." It is subject to neither condition, exception nor limitation.(a)

35. There are two classes of cases granted to the Federal Judiciary. In one the nature of the case is every thing, and the character of the parties nothing-in the other the character of the parties is every thing, and the nature of the case nothing— a distinction springing naturally out of the purpose and character of the constitution, to which allusion has already been made. "All cases affecting ambassadors and other public ministers and consuls," " Controversies between citizens of different states," &c.; in these, every thing depends upon the character of the parties.

"All cases in law and equity arising under this constitution." "All cases of admiralty and maritime jurisdiction;" in these every thing depends upon the nature of the case, the subject matter of the suit, and nothing upon the character of the party.(b)

§ 36. In none of these cases does the jurisdiction depend upon the question what British court, or what court of any other country, had jurisdiction of the case-and as jurisdiction in cases in law and equity, depends simply on the question whether they arise under the constitution and laws of the United States, so jurisdiction in cases of admiralty and maritime jurisdiction, depends upon the admiralty or maritime nature of the case, and in no manner upon the question whether in England the cause would be heard in the High Court of Admiralty, the Court of King's Bench, the Court of Exchequer, or the Court of Chancery, with or without a jury.

§ 37. We are not at liberty to say that in an instrument so well considered and so carefully drawn, any words are not signi

(a) Ante, § 21.

(b) Ante, § 26, 27, 28. 6 Wheat. 264.

ficant, much less can we reject such a word as all, or deprive it of its proper significance. It cannot be construed to mean a small, unspecified and debateable portion. Nor can we add a condition or limitation to it. All cases of law and equity arising under this constitution, &c., all cases between citizens, &c., all cases affecting ambassadors, &c. In these clauses, limitations are carefully inserted and as cautiously they are omitted in the one under consideration. It would have been easy to say, "all cases of which the Court of King's Bench in England shall permit the English High Court of Admiralty, from time to time, to take jurisdiction," if it had been intended to leave a portion of our legislative and judicial power, to be exercised or regulated in Great Britain through all time.(a)

(a) Ante, § 21. 5 How. 457.

CHAPTER IV.

Admiralty and Maritime Law.

38. The word admiralty, in the constitution, cannot be deprived of any of its proper force. The word is of frequent use in the maritime systems of many countries, and refers, especially, to that class of cases which originally came within the proper cognizance of the admiral. It is not necessary here to repeat the ingenious and fanciful etymologies of the word, nor even the more sound and rational ones. It is sufficient to say, that they are but so many modes of showing the relation between his title and his duties. Godolphin devotes the first chapter of his View of his Admiral Jurisdiction to "the etymon or true original of the word, with the various appellations thereof," in which, and the authorities there cited, the curious will find all they desire.(a)

39. Every maritime nation has certain rules or laws in relation to ships, shipping and maritime matters, which are peculiar to itself-such as its navigation acts-its municipal regulations of its harbors, creeks, and bays, and navigable rivers, and of its own vessels-its rules in relation to drowned personswrecks-obstructions in rivers-prohibited nets-royal fisheries, and other droits of the admiralty, constituting its maritime police. These were originally enforced by the Admiral exercising in part a high executive and administrative function, which was a portion of the royal prerogative, and was in substance confined to the waters and the vessels of his own nation. The Admiralty Court was the forum through which, and by the aid of whose process, when necessary, these local municipal and administrative laws were enforced, and their violators punished. These are, properly, the admiralty law of any country. Cases arising under these laws, are cases of purely admiralty jurisdiction. Each

(u) Ante, § 21. Godolphin, chap. 1.

nation has its own system of admiralty law, which it changes and modifies at pleasure. It has been remarked, that the mere executive functions of the Admiral, his prerogatives and perquisites, have no existence here.(a)

40. So the word maritime is also to have its appropriate meaning-relating to the sea. The words admiralty and maritime, as they are used in the Constitution and acts of the Congress, are by no means synonimous, although able lawyers, on the bench as well as at the bar, seem sometimes to have so considered them. The word admiralty and the word maritime, were evidently both inserted to preclude a narrower construction, which might be given to either word, had it been used alone.(b)

41. Maritime cases are more properly those arising under the maritime law, which is not the law of a particular country, and does not rest for its character or authority, on the peculiar institutions and local customs of any particular country, but consists of certain principles of equity and usages of trade, which general convenience and a common sense of justice have established to regulate the dealings and intercourse of merchants and mariners, in matters relating to the sea, in all the commercial countries of the world.(c)

42. This maritime law does not in the least depend upon the court in which it is to be administered, but furnishes the proper rule of decision in cases to which it applies, no matter in what courts they may be brought; and it has in fact, been administered in different countries, in different courts, each con

Laws of Hanse

(a) Ante, § 3, 4. Supra, § 43. Laws of Oleron, 35 to 47. towns, Art. 1. Mar. Ord. Fran. Lib. 1, passim. Nav. & Rev. Laws, U. S. Pardessus Loix Mar., passim. Godolphin, 43. Zouch, 1 to 28. Sea Laws, 51, 54. (b) Jud. Act, § 9. 1 Wheat. 335. 6, Id. 264. Gilp. 528. 12 Pet. 744. Ante, 21; 1 Wheat. 304.

(c) 3 Kent Com. 3 edit. 1. Laws of Oleron, Art. 14, 15. Laws of Wisby, Art. 26, 27. Marine Ord. of France. Roccus, introd. Pardessus Loix Mar. 2 Valin. 177, 188. Rhod. Law, 36. Coumlat, 18. Godolp. 43, 155. Zouch, Ass. 9. Sea Laws, passim. Malynes, 110.

Zouch, Ass. 6.