Nathan Clifford

“ Common law remedies are not competent to enforce a maritime lien by a proceeding in rem, and consequently the original jurisdiction to enforce such a lien by that mode of proceeding is exclusive in the District Courts, which is precisely what was decided in each of the three cases to which reference is made. Authority, therefore, does not exist in a State court to hear and determine a suit in rem, found upon a maritime contract in which a maritime lien arises, for the purpose of enforcing such a lien. ”

“ Suitors, by virtue of the saving clause in the ninth section of the Judiciary Act conferring jurisdiction in admiralty upon the District Courts, have the right of a common law remedy in all cases 'where the common law is competent to give it,' and the common law is as competent as the admiralty to give a remedy in all cases where the suit is in personam against the owner of the property. ”

“ Even where a maritime lien arises the injured party, if he sees fit, may waive his lien and proceed by a libel in personam in the admiralty, or he may elect not to go into admiralty at all, and may resort to his common law remedy, as the plaintiffs in these cases did, in the subordinate court. ”