Nathan Clifford

“ All such waters are, in truth, but arms of the sea, and are as much within the admiralty and maritime jurisdiction of the United States as the sea itself. It is not denied that the admiralty has jurisdiction of torts committed on such navigable waters, nor is it denied that the waters of the Hudson, where the collision in this case occurred, are within the admiralty and maritim jurisdiction of the United States; but it is insisted that something more is wanting in order to bring the case within the cognizance of the admiralty. ”

“ Among other things, the libellants alleged, that the Isabella left the port of New York on the nineteenth day of August, 1852, for the port of Albany, fully laden with merchandise; that she, with certain other boats and barges, was in tow of the steam-tug Indiana during the voyage, and at the time the collision occurred; that the steam-tug was well manned, tackled, apparelled, and furnished, and in all respects competent for the business in which she was engaged; and that the craft composing the tow had on board the proper complement of officers and men for their protection and management. ”

“ Greenleaf, shall state the nature of the cause, as, for example, that it is a cause civil and maritime, of contract, of tort or damage, of salvage, or possession, or otherwise, as the case may be; and if the libel is in rem, that the property is within the district, and if in personam, the names and place of residence of the parties. 3 Greenl. Ev., 401. It is plain that the suit in rem cannot be maintained without service of process upon the property, and we hold it may be prosecuted in any district where the property is found ”