Page:Federal Reporter, 1st Series, Volume 5.djvu/619

IN EE LONG IflLAND, ETC., TBANSPORTATION 00. 607 �cognizance of Bueh cases; and àll admiralty and maritime cases, as well those arising in the strictly domestic as in the foreign commerce of the states, were included in this grant. The Propeller Commerce, ut supra; The Belfast, 1 Wall. 636- 640; and The Mary Washington, 5 Am. Reg. 695. There is, then, a olass of cases to which the admiralty jurisdiction extends which is outside of the constitutional power of con' gress in respect to the regulation of commerce; because, while they are undoubted cases of maritime contract or marine tort, they arise in the prosecution of domestic commerce of a state on the navigable -waters of the United States. AU the claims which bave been presented in this case are claims for a marine tort. The causes of action sought to be enforced by the several objecting parties unquestionably grow out of the alleged misconduct or tortious action of the owners of this steam-boat, or their servants, or agents — the master and crew — ^upon the navigable waters of the United States, whereby the fire and loss and destruction of the property on board were occasioned, or the passengers who are suing, or who wish to sue, or whose representatives are suing, or wish to sue, were injured or killed. "Whether their actions are or may be framed in contract for breach of a contract to carry, or in tort for negligence, they are equally maritime from their nature, or the place of the injury. �It is contended, on behalf of some of these claimants who have commenced suits under a state statute giving the ad- ministrator or the relatives of a person killed by the negli- gence of çinother the right to recover damages caused by the negligent act which resulted in death, that their causes of action are not maritime nor cognizable in this court. I think in this they are mistaken. The cause of action is still maritime, however the right of the party entitled to sue upon is derived. Neither congress nor a state can make a con- tract maritime which is not so, nor take from a maritime contract its maritime character. The Belfast, 7 Wall. 624. The same principle manifestly applies to torts. The cause of action in these cases is a wrong oommitted and consum- mated on navigable waters. This stamps it as a marine tort. ����