Samuel Freeman Miller

“ Many of our rivers could be navigated as successfully and as profitably for a thousand miles above tide-water as they could below; and be showed the absurdity of adoption as the test of admiralty jurisdiction in this country an artificial rule, which was founded on a reason in England that did not exist here. ”

“ But the true reason why the admiralty powers of the Federal courts began now to be exercised for the first time in the inland waters was this: the decision in the case of The Genesee Chief, having removed the imaginary line of tide-water which had been supposed to circumscribe the jurisdiction of the admiralty courts, there existed no longer any reason why the general admiralty powers conferred on all the District Courts by the ninth section of the Judiciary Act, [3] should not be exercised wherever there was navigation which could give rise to admiralty and maritime causes. ”

“ Nearly all the States-perhaps all whose territories are penetrated or bounded by rivers capable of floating a steamboat have statutes authorizing their courts, by proceedings in rem, to enforce contracts or redress torts, which, if they had the same relation to the sea that they have to the waters of those rivers, would be conceded to be the subjects of admiralty jurisdiction. These statutes have been acted upon for many years, and are the sources of powers exercised largely by the State courts at the present time. ”