national prize court of appeals were treated, as mere nullities; and were incapable of being enforced, until after the establishment of the present constitution.[1] The same reasoning, which conducts us to the conclusion, that the national courts ought to have jurisdiction of this class of admiralty cases, conducts us equally to the conclusion, that, to be effectual for the administration of international justice, it ought to be exclusive. And accordingly it has been constantly held, that this jurisdiction is exclusive in the courts of the United States.[2]
§ 1663. The other branch of admiralty jurisdiction, dependent upon locality, respects civil acts, torts, and injuries done on the sea, or (in certain cases) on waters of the sea, where the tide ebbs and flows, without any claim of exercising the rights of war. Such are cases of assaults, and other personal injuries; cases of collision, or running of ships against each other; cases of spoliation and damage, (as they are technically called,) such as illegal seizures, or depredations upon property; cases of illegal dispossession, or withholding possession from the owners of ships, commonly called possessory suits; cases of seizures under municipal authority for supposed breaches of revenue, or other prohibitory laws; and cases of salvage for meritorious services performed in saving property, whether derelict, or wrecked, or captured, or otherwise in imminent hazard from extraordinary perils.[3]
- ↑ See Penhallow v. Doane, 3 Dall. R. 52; Jennings v. Carson, 4 Cranch 2; ante, Vol. I, § 250.
- ↑ See Martin v. Hunter, 1 Wheat. R. 345, 337; United States v. Bevans, 3 Wheat. R. 387; Houston v. Moore, 5 Wheat. R. 49; Ogden v. Saunders, 12 Wheat. R. 278; 1 Kent's Comm. Lect. 17, p. 330 to 337, [2 edition, p. 353 to 360.]
- ↑ See La Vengeance, 3 Dall. R. 297; Martin v. Hunter, 1 Wheat. R. 335, 337; The Sarah, 8 Wheat. R. 391, 394; McDonough v. Dannery,
