The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-12-31

are t6keH out OF the State Courts by
transfer upon petition or writ of
error or mandate. The business of
the same Courts has been further
very greatly extended and compIi-
Gated by recent decisions of the Su-
preme Court of the United States
touching their admiralty and mara
time jurisdietioR.
This new jurisdiction. Is the result
OF no recent legislation, unless it be
Judicial legislation. IL is declared
By the highest judicial tribunal in tie
land to exist and to be absolutely ez-
elusive IN the Federal courts. 1t
vitally affects IN an exceedingly ira
portant and somewhat local sense the
great interests of commerce as carried
on BY the aid Of the important natu-
raj highways Of the West. 1t affects
some of the most important Interests
of my own immediate section and
constituents. The entire southern
border of Indiana Is washed By the
Ohio River. Upon its banks are seq
eral of the most enterprising and
prosperous cities in the State. Two
of these are in the district l have the
honor to represent, one just above
and the other below the falls of the
Ohio. The material interests and
commerce of the people of Southern
Indiana, aud especially from the falls
Of the Ohio westward and south
ward, are very largely connected with
that river. Our mechanics, who are
equal In intelligence, enterprise, and
skill to any IN the country, are largely
engaged In the construction of steam
boats and water-craft of all kinds,
including the floating palaces that
| traverse the waters OF all the naviga-
BILE rivers of the West and South.
Other and not less meritorious
classes are engaged 10 the practical
management of all such vessels as
common carriers of persons and prop
erty. contributing very greatly By
their capital. enterprise, and intelli-
geuce to develop the material re
sources, enlarge the commerce, and
hasten the general progress IF the
country.
Out of the extensive and diversified
business thus more or less directly
connected with the Ohio River innu-
merable and important contracts and
controversies arise, many of which
become the subjects Of litigation.
Heretofore nearly all such litigation
has found convenient tribunals and
speedy settlement in the courts of the
States. But now all such contracts
and controversies as are proper mat
tiers of admiralty jurisdiction under
late decisions of the Supreme Court
can only be litigated in the Fed
eral courts. Jurisdiction over them
is denied to the State courts, and held
to be absolutely exclusive in the
District Courts Of the United States.
Thus great numbers of suitors are
driven from the local courts to seek
remedies in remote Federal courts, OF
to give up all remedy and suffer in
Justice. The Constitution declares
"The judicial power shall extend"
| ITO all eases OF admiralty and
maritime jurisdiction"
The Judiciary act of 1889 declares
/ that
1.-THE district courts shall have. excIu.
sively OF the courts of the several states,
causes OF admiralty and maritime jurlsdic.
tion."
1t will not be Inappropriate here
to inquire briefly what Is meant by
the expression, admiralty and
maritime jurisdiction" In its mos
general sense it refers to that kind oil
Jurisdiction which at the common
laws was exercised by certain courts
over torts, contracts, and otfenses
which arose or were committed upon
the high seas within the ebb and flow
Of the tides, and outside the body Of
any county. 1t embraces the torts,
contracts. and crimes which are nee
essarily connected with and arise out
of that kind Of business and com
merce which is transacted upon the
water and lacks the element Of exclu-
/ sive locality upon land, and therefore,
| BY reason Of their yory nature, could
not be assigned for adjudication to
the courts within any prescribed ter
ritorial limits. Hence, following the
analogies Of the common law the
trainers of our Constitution consid-
cred it proper to commit tie regula-
ton of this kind of jurisdiction to
Congress. 1t was no doubt Intended
thereby merely to confer upon Con-
gress the power to regulate and pro
tect those interests of the citizens of
the country generally which are in
their original external, aud therefore
not susceptible of local regulation
and control by the States.
In the spirit Of these views the ST.
preme Court of the United States,
in the cases decided by it prior
to 1851, held that it had no
jurisdiction over eases of the kind
mentioned if they arose above the
ebb and flow Of the tides. These de-
cisions, therefore, left to the exclu-
sive control and regulation of the
States the vast interests of their eiii-
zens in connection with the very ex-
tensiye commerce carried on Upon
the inland waters of the country.
There soon grew up in all the States
whose citizens were to any extent en-
gagged in such commerce, and particu-
larry in all the States of the West and
South, extensive and we'll adapted
systems of law and practice for the
protection of the interests and adjudi-
cation of the rights Of their citizens
arising out of that commerce. The
extent Of these interests and of the
controversies and litigation arising
out of them can only be fully realized
by careful contemplation of the vast
increase of inland navigation result
ing from the use of steamboats, and
the rapid development of wealth on
| the borders of the rivers.
But In 1851, in the case Of the Gen
esee Chief, az Howard R., 49, all
of the previous decisions limiting the
admiralty jurisdiction of the Federal
Courts to Underwater were overruled
by the same court, and the broad
dOefriDa declared that iurisdiotioD