in rem, as well as in personam, they are often the only courts, in which an effectual redress can be afforded, especially when it is desirable to enforce a specific maritime lien.[1]
§ 1666. So that we see, that the admiralty jurisdiction naturally connects itself, on the one hand, with our diplomatic relations and duties to foreign nations, and their subjects; and, on the other hand, with the great interests of navigation and commerce, foreign and domestic.[2] There is, then, a peculiar wisdom in giving to the national government a jurisdiction of this sort, which cannot be wielded, except for the general good; and which multiplies the securities for the public peace abroad, and gives to commerce and navigation the most encouraging support at home. It may be added, that, in many of the cases included in these latter classes, the same reasons do not exist, as in cases of prize, for an exclusive jurisdiction; and, therefore, whenever the common law is competent to give a remedy in the state courts, they may retain their accustomed concurrent jurisdiction in the administration of it.[3]
- ↑ Manro v. Almeida, 10 Wheat. R. 473; The Merino, 9 Wheat. R. 391, 416, 417; The General Smith, 4 Wheat. R. 438; The Thomas Jefferson, 10 Wheat. R. 428; Sheppard v. Taylor, 5 Peters's Sup. R. 675; 1 Kent's Comm. Lect. 17, p. 352 to 354, (2 edition, p. 378 to 381;) 2 Brown's Adm. Law, ch. 71.
- ↑ "The admiralty jurisdiction," said the Supreme Court in a celebrated case, "embraces all questions of prize and salvage, in the correct adjudication of which foreign nations are deeply interested. It embraces also maritime torts, contracts, and offences, in which the principles of the law and comity of nations often form an essential inquiry. All these cases, then, enter into the national policy, affect the national rights, and may compromit the national sovereignty." Martin v. Hunter, 1 Wheat. R. 335.
- ↑ Mr. Chancellor Kent and Mr. Rawle seem to think,[a 1] that the admiralty jurisdiction, given by the constitution, is in all cases necessarily
- ↑ 1 Kent's Comm. Lect. 17, p. 351, (2 edit. p. 377;) Rawle on the Const. ch. 21, p. 202. See also 1 Tucker's Black. Comm. App 181, 182; 2 Elliot's Deb. 390; 10 Wheat. R. 418.
