7 La. 440 | La. | 1834
delivered the opinion of the court.
A rule having been taken on the judge of the First Judicial District, to show cause why a mandamus should not issue, commanding him to make certain preliminary orders, in the case of Gale vs. Purrington, he shows for cause, that he considers the subject matter to be adjudicated upon, as exclusively of admiralty and maritime jurisdiction, and that under the constitution and laws of the United States, the exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, appertains to the courts of the.U. States.
In order to ascertain the precise question, of which the district judge declined to entertain jurisdiction, we must recur to the petition presented to him in the first instance. Here we are then to inquire, whether the cause of action, as set forth, be one of admiralty and maritime jurisdiction, and if so, whether it be of that class of cases, of which exclusive cognizance has been granted to the federal judiciary, by the constitution and laws of the United States.
The plaintiff, L. H. Gale, sets forth in his petition, that he is proprietor in common with Isaac Purrington, of the state of Maine, of a ship or vessel called the Atlantic, of which Purrington owns three-fourths, and the plaintiff the other fourth. That the ship is now within the jurisdiction of the court. That the petitioner is unwilling to remain longer in a state of indivisión with his co-proprietor, and that no other means exist of effecting a partition of their interests, than by a judicial sale or licitation. He further represents, that Purrington is largely indebted to him, for advances and disbursements made on account of the ship for which suit is now pending; and he finally prays for the appointment of a curator ad hoc, to represent the absent defendant, that an inventory and appraisement may be made in due form of law, and that the vessel may be sold, after due notice, and that he may be paid for his advances, out of the share of his co-proprietor.
The action, therefore, is one of partition, and the object to be partaken, is a registered vessel, belonging in different proportions to part owners, citizens of different states, and the
The constitution declares, that the judicial power of the union, shall extend to certain classes of cases, not now necessary to enumerate, and among others, “ to all cases of admiralty and maritime jurisdiction.” It is now generally conceded,, that this grant of power, does not necessarily and in all cases, confer exclusive jurisdiction on the courts of the United States, but that the state courts retain, in many of the enumerated cases, concurrent jurisdiction in the first instance. The first judiciary act, organising the federal courts, provides for the manner in which the decisions of state courts may be reversed by writ of error to the Supreme Court of the United States, and for the removal of causes for trial, in the first instance, in certain cases, on the defendants complying with certain formalities. Whether the constitution has vested the federal tribunals, with exclusive cognizance, of all cases of admiralty and maritime jurisdiction, is a question upon which distinguished commentators entertain different views. Judge Story, in his commentaries on the constitution, divides the cases of admiralty and maritime jurisdiction, into two great classes; “one dependant upon locality, and the other upon the nature of the contract. The first, respects acts or injuries done upon the high seas, where all nations claim a common right and common jurisdiction, or acts or injuries done upon the coast of the sea, or at farthest, acts and injuries done within the ebb and flow of the tide. The second, respects contracts, claims and services, purely maritime, and touching rights and duties appertaining to commerce and navigation. The former is again divisible into two great branches, one embracing captures and questions of prize arising, jure hele, the other embracing acts, torts and injuries, strictly of civil cognizance, independent of belligerant operations.” 3 Story’s Com. 527 and seq.
Another class respects contracts, claims and services purely maritime; such as the.claims of, material, men, and others
On the other hand, it would appear to be the opinion of ,, Tr. , , , ... .. . - Chancellor Kent, and of Mr. Rawle, that the jurisdiction of ^le federal courts, in cases of that kind, is necessarily exclusive. 1 Kent’s Com. 351. Rawle on the Constitution, 202.
. . These opinions are, however, strongly combatted by the able and distinguished commentator first named, who remarks, that, “ the reasonable construction of the constitution, would seem to be, that it conferred on the national judiciary, the admiralty and .maritime jurisdiction, exactly according to and extent, and modifications, in which it existed jn the jurisprudence of the common law. Where the jurisdiction was exclusive, it remained so; where it was concurrent> ^ remained so. Hence, the states could have no right to CJ-eate courts of admiralty as such, orto confer on their own , _ , , . , courts the cognizance of such cases, as were exclusively cognizable in admiralty courts. But the states might well retain, and exercise the jurisdiction, in cases of which the 3 , J . cognizance was previously concurrent, m the courts of common law.” 3 Story’s Com. 533, in notes.
Such, we believe, to have been the construction put upon the constitution, by the first congress, who enacted the judiciary act of 1789, which, while it gave to the federal courts, exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, reserves to parties, in all cases, the right of a common law remedy, where the common law is competent to give it. The states are prohibited from establishing courts, having cognizance of cases of admiralty & . . . ,. , J and maritime jurisdiction, according to the course of pro
The adjustment of accounts among part owners of ships, relating to profits, is a matter of chancery and not of admiralty jurisdiction in England. Such adjustment or settlement of accounts, is according to our law, a necessary incident to the action of partition. The admiralty courts in the United States, may, in some cases, have ordered a sale of vessels, at the suit o'f part owners, as was done by the judge of the district of South Carolina, in the case to which our attention has been called, in 2 Bee’s Reports, but it does not appear to us to follow as a necessary consequence, that the state courts are without jurisdiction of a case like the present. We are
Let the rule be made absolute.