The national Republican., 1867-02-01
The Courts.
SUPREME CoURr OF THE UNITED STATES
THURSDAY January 81, 1867,

SUPREME CoURT OF THE UNITED STATES
THURSDAY, January 81, 1857.
On motion Of Mr. Eames, Clarence l. Burnett
esq, Of New York city, was admitted an attorney
and counsellor Of this court.
No. 1875. The Board Of Supervisors Of Rock Island
county, plaintiffs in error, vs. The United States,
ex rel, the State Bank.
This cause was submitted to the court on printed
arguments by Mr.. B. @. Cook, Of counsel for tho
plaintiffs in error and by Mr.. Grant, of counsel for
the defendants In error.
No. 129. The United States appellants, vs.. Louise
Pauline Le Gardeur do Repentignsy, ct al.
Tho argument Of this cause was continued BY
Mr.. Howard, Of counsel for the appsllees, and BY
Mr.: Stantsry, ofcounsel for the Appellants.
Adjourned until tomorrow at ii o'clock.
Maritime Iors-ATs they Cognizabis By State
Courts n-Admiraity Jnu,diotion-1Hs Sieani-
boat I'D. H,ns, Plaintiff IN Error, ps Matthsio X.
Grspor ct ai.-The defendants in error woro the
owners Of the steamboat Sunshine, and In the
month Of March, 1851, the steamboat Ad. Hine,
through her alleged carelessnsss and mismanage-
msnt, In the port Of ST.. Louis ran into the Sun.
shine, doing the damage which is the cause Of ac'
tion In this suit.
Tho boat Ad. Hins having been found In the
waters OF the Mississippi at Davenport, Iowa, an
attachment against her. by her name, was sued out
Of the District Court Of Scott county BY the defend
ants In error. The plaintiff In error demurred Ia
the petition, claiming that the State courts were
without Jurisdiction Of this class Of action; that II
was . maritime tort and exclusively oognirable In
admiralty. The demurrer was oyeruled, and the
plaintiff In error answered, and upon trial the de-
PENDANTS In error recovered. Appeal was then
taken to the Supreme Court Of the Btate, whore the
judgment Of tho District court was affirmed. Thii
cause was then brought here, the only questions
presented being that Of the Jurisdiction Of the State
courts In such cases, and Of the power Of Congress
or State Legislatures TO confer such Jurisdiction
upon State courts.
ulaintiH In arror m. ufain hal kha dse
sons Ct this Court have established that the Admi
rally Jurisdiction extends to the Mississippi riyel
and the great fresh water lakes this cause Is within
that Jurisdiction, and not cogniEabe by the STAT,
eourtsi and that It 10 not within the power Of Stay
Legislatures or Of Congress TO confer such jursdit
tiOn or authorize such cognizance BY State courts
The Constitution Of the United States declared
"tho judicial power shall extend TO all cases Of nd
miralty and maritime Jurisdiction, and the prin
ople Of excusiveness depends not upon acts Of Con
gress or State Legisatures therefore, but upon tn,
Constitution itself Tho grant Of judicial power
being s1eiusiVs, neither Congress nor State LegiS
laturos or courts can make It concurrent,
But In any case the court below mlstook the acl
Of February, 1s45, whore 1t uses the words "anJ
concurrent remedy which may bs given by th'
State laws where such steamer or other vessel Il
employed In such business Of commerce and nayi
CATION" Tho word ''where" limits the State juris
diotion to the State where the vessel is employed
The defendants In error submit that the judiciar,
act Of l7B9 invests the Federal district courts will
exclusive oogniEAnce Of all civil cases Of Admiralt.
and maritime Jurisdiction, saving to suitors In al
cases the right Of q common law remedy when tn
common law Is competent to give II. This act wa
amended in l846, and extended the admiralty juriS
diction Of the Federal courts to on the lake
and nAyigable waters connecting them, but ex
pressly saving to parties the right OF eonourren
remedy which may be given by State laws.
]. Grant for plaintiff in errOri J. p. Cook for de
fendAnt In error.