The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-03-16
Admiralty Jurisdiction ON the Lakes.


The District Court of the United States for the
District Of Wisconsin has decided, in the case of
Ludington & King against the Schooner Nucleus,
that contracts for materials furnished at the home
port, in the building of steamboats, and other ves-
sells, not within the act Of Congress, extending
the Jurisdiction of the District Courts TO certain
cases, upon the lakes and navigable waters con-
Meeting the same-approyed February 20, lS45."
From the opinion Of Judge Miller published in
the Milwaukee Sentinel, make the following ex-
tracts, which sufficiently indicate the point on
which his judgment hinges
MILLER, 1.-The demand Of these libellants Is for
materials furnished in the building Of this vessel
IL appears in evidence that the vessel launched
in the month Of June, lS4s, and that very small
portion OF the materials furnished after that
date. The libellants furnished the materials, from
their store in Milwaukee, 10 the builders of the vcs
sci at the same place, at different times from the
month Of November, lS47, 10 the month Of October,
ls45. The vessel was enrolled and licensed in the
month Of October, lS45, and made her first voyage
in the spring OF lS49 and before the filing Of this
libel.
The claimant in his answer, denies that at the
time the cause OF action occurred this vessel was
enrolled and licensed for tho coasting trade, and
was employed in business Of commerce and nayi-
CATION as set forth in the libel
Before this court can possess exercise the
quasi admiralty jurisdiction conferred by the act,
il must be alleged in the libel that " the steamboat
wards, enrolled and licensed for the coastinR trade
and at the time when the cause OF action accrued
was employed in the business Of commerce and
navigation between ports and places in different
States and Territories, upon the lakes and naviga-
bic waters connecting the said lakes" Upon that
averment or allegation in the libel the court Is au-
thorized and empowered by the act to exercise the
same jurisdiction [" in Of the like steam
boats or other vessels employed in navigation and
commerce upon the high seas or tide waters within
the admiralty and maritime jurisdiction Of the
United States" This averment in libel IL
sentia TO confer jurisdiction under the act as that
Of citizenship or alienage in a declaration or BILL
under the act 10 establish the Judicial courts Of the
United States approved September "a, I7ss.
The Jurisdiction of the courts Is not intended. by
the act, 10 be ascertained determined by the ma.
ture character Of the Of action alone but
also. BY the description and employment Of the wee
scl. The vessel is required 10 be employed In bust.
ness Of commerce and navigation at 1e time the
cause Of action accrued and not as in the courts
OF admiralty, merely designed intended for such
employment. The words 90 at the time" seem 10
have been cautiously inserted in the act for the pur
pose Of combining the jurisdiction conferred within
the actual necessities OF commerce upon the lakes.
I do not deem il necessary for the IibelIapt. at
the hearing 10 prove that the steamboat or vessel
was actually enrolled and licensed. The evidence
OF the enrolment license IL in the possession or
within the knowledge, perhaps under the control
Of the respondent. The presumption H. that a veg
sci would not be employed in business Of commerce
and navigation, without license, and in violation
Of the revenue laws, at the risk Of a forfeiture A
proper allegation, or avcrment in the libel of the
facts, circumstances, required by the act con
fer jurisdiction, is sufficient unless denied by plea
70 the jurisdiction Of the court, and sustained by
proof az in cases at law, or in chancery. Nor a
the extent Of the employment Of steamboat or
vessel a material subicctof inquiry. If steamboat
vessel is afioat and ready for such employment
as the act contempatcs, she would, think be sub.
jet 10 the admiralty process of this court.
The libel Is ordered 20 be dismissed, for the want
Of jurisdiction.