Joseph Story

“ The jurisdiction of courts of admiralty in cases of part-owners, having unequal interests and shares, is not, and never has been, applied to direct a sale, upon any dispute between them as to the trade and navigation of a ship engaged in maritime voyages, properly so called. The majority of the owners have a right to employ the ship in such voyages as they may please, giving a stipulation to the dissenting owners for the safe return of the ship, if the latter, upon a proper libel filed in the admiralty, require it. ”

“ It may be here proper to state, that it is very irregular, and against the known principles of the courts of admiralty, to allow in a libel in rem, and quasi for possession (as the present libel assumes in some sort to be) , the introduction of any other matters of an entirely different character; such as an account of the vessel's earnings, or the claim of the part-owner for his wages and advances as master. In the first place, the admiralty has no jurisdiction at all in matters of account between part-owners. ”

“ But the case is not one of a steamboat engaged in maritime trade or navigation. Though, in her voyages, she may have touched, at one terminus of them, in tide-waters, her employment has been, substantially, on other waters. ”