Nathan Clifford

“ The later and very leading case of Insurance Company v. Dunham, [12] decided A.D. 1870, has greatly enlarged the old ideas as to the extent of admiralty jurisdiction. It really subverts them. In that case, two volumes-long lost-of proceedings in the Colonial courts of admiralty, and but then recently found among the papers of a former registrar of the court and deposited in the library of the Boston Athenaeum, were exhibited. They made a revelation, absolutely new to these times, of our ancient exercise of admiralty jurisdiction. ”

“ It is natural that in view of the late tendency to enlarge admiralty jurisdiction Mr. Benedict, whose views were not sustained in the case of The Jefferson, should reargue his case in a new edition of his excellent book, and set forth more fully the Continental authorities in favor of his position. But this court may adopt those views so far as the circumstances of this country seem to require. It has adopted them from time to time, in modification of former views, as the exigencies of the case have demanded. It can stop where it pleases. ”

“ The decision that the act does not violate the right of trial by jury is also reviewable in this court. The State law in effect takes away or obstructs the right of trial by jury, and so abridges one of 'the privileges or immunities of citizens of the United States.' It, in this case, also 'deprives him of his property without due process of law,' and it denies to a person residing in New Jersey 'the equal protection' of the laws of his State. These matters all fall within the fourteenth amendment. ”

“ Shipbuilding is an occupation requiring experience and skill, and, as ordinarily conducted, is an employment on land, as much as any other mechanical employment, and men engage in the business for a livelihood just as they do in other mechanical pursuits and for the same purpose. Shipwrights, unlike the seamen, have their homes on the land, and not on the seas, and they are seldom shipowners, and not more frequently interested in commerce and navigation than other mechanics. ”

“ State legislatures have no authority to create a maritime lien, nor can they confer any jurisdiction upon a State court to enforce such a lien by a suit or proceeding in rem, as practiced in the admiralty courts. ”

“ These provisions of organic and Federal statutory law being in force, an act of the legislature of New Jersey, 'for the collection of demands against ships, steamboats, and other vessels,' [1] approved March 20th, 1857, enacted that whenever a debt shall be contracted by the master, owner, agent, or consignee of any ship or vessel within the State, on account of any work done or materials furnished in this State for or towards the building, repairing, furnishing, or equipping such ship or vessel, such debt shall be and continue a lien on the vessel for nine months ”

“ One question in the case obviously was the question, much agitated in England and here, namely, whether in the case of an executory contract to build a vessel to be paid for by instalments as the work progresses, the title remains in the builder until the work is completed and delivered, or whether the title passes to the person for whom the vessel is to be built ”

“ Sufficient appears in the report of the case to show that the libellants took direct issue upon that proposition, and the court say, in disposing of it, that the only matter in controversy is whether the District Courts have jurisdiction in admiralty to enforce liens for labor and materials furnished in constructing vessels to be employed in the navigation of waters to which the admiralty jurisdiction extends. ”

“ When the proceedings were commenced the schooner was only partially constructed and was resting on her original stocks, having never been launched into the water. She was without a name and had never been registered or enrolled, nor had she ever been licensed or surveyed, and she was without a master or crew, and the record shows she had never had a commander. ”