Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/540

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532
CONSTITUTION OF THE U. STATES.
[BOOK III.

appropriating this class of cases to the national tribunals; since they will be more likely to be there decided upon large and comprehensive principles, and to receive a more uniform adjudication; and thus to become more satisfactory to foreigners.

§ 1665. The remaining class respects contracts, claims, and services purely maritime. Among these are the claims of material-men and others for repairs and outfits of ships belonging to foreign nations, or to other states;[1] bottomry bonds for monies lent to ships in foreign ports to relieve their distresses, and enable them to complete their voyages;[2] surveys of vessels damaged by perils of the seas;[3] pilotage on the high seas;[4] and suits for mariners' wages.[5] These, indeed, often arise in the course of the commerce and navigation of the United States; and seem emphatically to belong, as incidents, to the power to regulate commerce. But they may also affect the commerce and navigation of foreign nations. Repairs may be done, and supplies furnished to foreign ships; money may be lent on foreign bottoms; pilotage and mariners' wages may become due in voyages in foreign employment; and in such cases the general maritime law enables the courts of admiralty to administer a wholesome and prompt justice.[6] Indeed, in many of these cases, as the courts of admiralty entertain suits
  1. The St. Jago de Cuba, 9 Wheat. R.409, 416; The Aurora, 1 Wheat. R. 105.
  2. The Aurora, 1 Wheat R. 96.
  3. Janney v. Columbia Insurance Company, 10 Wheat. R. 412, 415, 418.
  4. The Anne, 1 Mason's R. 508.
  5. The Thomas Jefferson, 10 Wheat. R. 428.
  6. The Two Friends, 1 Rob. R. 271; The Helena, 4 Rob. R. 3; The Jacob, 4 Rob. R. 245; The Gratitudine, 3 Rob. R. 240; The Favourite, 2 Rob. R. 232; Abbott on Shipping, P. 2, ch. 3, p. 115, Story's note; Id. P. 4, ch. 4; The Aurora, 1 Wheat. R. 96.