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Nathaniel S. Waring and Peter Dalman, owners of the Steamboat De Soto, her tackle, apparel, and furniture, Appellants, v. Thomas Clarke, late Master of the Steamboat Luda, and agent of P. T. Marionoux and T. J. Abel, owners of said Steamboat Luda, her t U.S. 441 (1847)

handle is hein.slavery/ussccases0309 and id is 1 raw text is: JANUARY TERM, 1847. 441 Waring et il. v. Clarke. NATHANIEL S. WARING AND PETER DAI~t~AN, OWNERS OF THE STEA1M- BOAT DE SOTO, HER TACKLE, APPAREL, AND FURNITURE, APPELLANTS, v. THOIAS CLARKE, LATE MASTER OF THE STEAMIBOAT LuDI, AND AGENT OF P. T. MARIONOUX AND T. J. ABEL, OWNERS OF SAID STEADMBOAT LUDA, HER TACKLE, APPAREL, FURNITURE, AND IMACHINERY, APPELLEES. The grant in the constitution, extending the judicial power 1' to all cases of admi- ralty and maritime jurisdiction, is neither to be limited to, nor to be interpreted by, what were cases of admiralty jurisdiction in England when the constitution was adopted by the States of the Union. Admiralty jurisdiction in the courts of the United States is not taken away because the courts of common law may have concurrent jurisdiction in a case with the admiralty. Nor is a trial by jury any test of admiralty jurisdiction. The subject- matter of a contract or service gives jurisdiction in admiralty. Locality gives it in tort, or collision. In cases of tort, or collision, happening upon the high seas, or within the ebb and flow of the tide, as far up a river as the tide ebbs and flows,'though it may be infra corpus comitatus, courts of admiralty of the United States have jurisdiction. The meaning of the clause in the ninth section of the Judiciary Act of 1789, saving to suitors, in all cases, a common law remedy when the common law is compe- tent to give it, is, that in cases of concurrent jurisdiction in admiralty and at common law the jurisdiction in the latter is not taken away. The act of 7th July, 1838 (5 Statutes at Large, 304), for the better security of the lives of -passengers on board of vessels propelled in whole o part by steam, is obligatory in all its provisions, except as it has been altered by the act of 1843 (5 Statutes at Large, 626), upon all owners and masters of steamers navigating the waters of the United States, whether navigating on waters within a State, or between States, or waters running from one State into another State, or on the coast of the United States between the ports of the same State or different btates. By the law of 7th July, 1838, masters and owners neglecting to comply with its conditions are liable to a penalty of. two hundred dolYars, to be recovered by sdit or indictment. And if neglect or disobedience of the law shall be proved to exist when injury shall occur to persons or property, it throws upon the master and owner of a steamer the burden of proof to show that the injury done was not the consequence of it. . THIS case was an appeal from the Circuit Court of the United States for East Louisiana. It was a suit in admiralty, brought originally in the District Court for the Eastern District of Louisiana, by Thomas Clarke, as late master of the steamboat Luda, and as agent for her owners, against the steamboat De Sot and her owners, Waring and Delman, to obtain compensation for the destruction of the Luda by means -of a collision between said -ioats. A libel, answer, and supplemental libel and supplemental answer were filed, which were as follows :- To the Honorable Theodore H. McCaleb, Judge of the United States District Court in and for the Eastern District of Lou- isiana. The libel and complaint of Thomas Clarke, late master of the steamboat Luda, of New Orleans (and agent of P. T. Marionoux, of the parish of Iberville, in Louisiana), and of T. J. Abel, of the city of New Orleans, owners of the said steamboat Luda, her tackle,

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