romero international term argued march decided february petitioner spanish subject employed board ship spanish flag registry owned spanish corporation voyage beginning ending spain injured ship american territorial waters filed suit law side federal district new york claimed damages jones act general maritime law unseaworthiness maintenance cure negligence spanish employer new york corporation acted husbanding agent new york damages negligence general maritime law claimed two american corporations engaged operations related loading freight new jersey district dismissed complaint appeals affirmed held jurisdiction jones act adequately alleged jurisdiction law side claims based general maritime law granted pp jurisdiction pendent jurisdiction jones act determine whether claims spanish corporation based general maritime law stated cause action pp jurisdiction claims general maritime law three american corporations neither jones act general maritime law applicable claims foreign shipowner pp claims unseaworthiness maintenance cure husbanding agent properly dismissed light district findings fact pp case must remanded consideration claims three american corporations based negligence narciso puente silas axtell argued cause petitioner brief charles ellis john quinlan argued cause compania trasatlantica garcia diaz respondents brief compania trasatlantica also known spanish line john aherne sidney schwartz argued cause quin lumber respondent brief william kenney john smith submitted brief international terminal operating respondent briefs amici curiae urging affirmance filed lawrence hunt daniel stonebridge government kingdom great britain northern ireland government denmark james estabrook david watson filed brief skibsfartens arbeidsgiverforening norwegian shipping federation sveriges redareforening swedish shipowner association amici curiae urging dismissal complaint spanish line affirmed justice frankfurter delivered opinion petitioner francisco romero spanish subject signed member crew guadalupe voyage beginning october guadalupe spanish registry sailed spanish flag owned respondent compania trasatlantica also known spanish line spanish corporation completion voyage signed romero continued uninterruptedly work guadalupe thereby law spain terms conditions original contract hire remained force subsequently guadalupe departed port bilbao northern spain touched briefly spanish ports sailed port new york hoboken ship made brief trip ports vera cruz havana returning hoboken may romero seriously injured struck cable deck guadalupe thereupon petitioner filed suit law side district southern district new york amended complaint claimed damages four separate corporate defendants liability compania trasatlantica garcia diaz new york corporation acted husbanding agent compania vessels port new york asserted jones act stat general maritime law unseaworthiness ship maintenance cure maritime tort liability maritime tort alleged respondents international terminal operating quin lumber co two companies working board guadalupe time injury pursuant oral contracts garcia diaz quin new york corporation engaged carpentry work preparatory receipt cargo grain international terminal incorporated delaware employed stevedore load cargo jurisdiction district invoked jones act judicial code following hearing district dismissed complaint supp held action jones act compania trasatlantica must dismissed lack jurisdiction since act provided right action alien seaman foreign shipowner circumstances detailed claims general maritime law compania also dismissed since parties diverse citizenship confer jurisdiction federal law courts claims rooted federal maritime law district dismissed jones act claim garcia diaz pursuant finding garcia employer romero husbanding agent compania operation control vessel remaining claims including respondents dismissed lack requisite complete diversity rule strawbridge cranch upon examination spanish law district judge also declined jurisdiction even admiralty matter discretion spanish law provides romero lifetime pension seaman wages may increased negligence shipowner established also allows recovery spanish counterpart maintenance cure rights spanish law may enforced spanish consul new york appeals affirmed dismissal complaint granted certiorari conflict among courts appeals proper construction relevant provision judiciary act questions raised regarding applicability lauritzen larsen situation us case argued last term restored calendar reargument present term jurisdiction jurisdiction petitioner spanish subject asserts claims general maritime law compania trasatlantica spanish corporation jurisdiction federal district sitting law invoked provisions judiciary act granted jurisdiction lower federal courts suits civil nature common law equity arising constitution laws whether act permits maritime claims rooted federal law brought law side lower federal courts recently raised litigation become subject conflicting decisions among courts appeals jurisdiction sustained first circuit doucette vincent denied second third jordine walling paduano kisen kabushiki kaisha see also jenkins roderick supp conflict construction old important statute calls full exposition problem abstractly stated problem ordinary task apply words statute according proper construction proper construction satisfied taking words phrases considered words yield meaning statute words construe words history express enactment part serial serial must related article iii constitution watershed judiciary legislation enactments derived article moreover article iii sources history give content meaning pithy phrases rationally construed act must considered part organic growth part evolutionary process judiciary legislation began september projects future article iii cl provision constitution section act september beginning sources jurisdiction litigation based upon federal maritime law article iii impliedly contained three grants empowered congress confer admiralty maritime jurisdiction tribunals inferior authorized art cl empowered federal courts exercise admiralty maritime jurisdiction conferred draw substantive law inherent admiralty maritime jurisdiction crowell benson continue development law within constitutional limits empowered congress revise supplement maritime law within limits constitution see crowell benson supra section first judiciary act granted district courts maritime jurisdiction jurisdiction remained unchanged substance present day indeed recognition need federal tribunals exercise admiralty jurisdiction one controlling considerations establishment system lower federal courts system inherent requirement federal government strong opposition constitutional convention inferior federal tribunals comprehensive system lower federal courts established canada australia congress leave enforcement federal rights state courts indeed state courts large measure exercise concurrent jurisdiction wide field matters federal concern subject review federal issues section established federal courts administration maritime law recognized remedies matters maritime traditionally administered courts original role administration maritime law preserved famous saving clause saving suitors cases right remedy common law competent give since original judiciary act also endowed federal courts diversity jurisdiction remedies maritime causes enforced circuit courts proper diversity parties afforded access passage judiciary act jurisdictional bases provided claim jurisdiction federal courts maritime matters district courts endowed exclusive original cognizance civil causes admiralty maritime jurisdiction sat enforce comprehensive federal interest law sea major reason creation jurisdiction exercised according historic procedure admiralty judge without jury addition remedies saving clause enforcible courts side lower federal courts diverse citizenship parties permitted except diversity cases maritime litigation brought state courts removed federal courts judiciary act effected extensive enlargement jurisdiction lower federal courts first time doors opened suits civil nature common law equity arising constitution laws treaties made shall made authority found hint suggestion cast doubt conviction language statute taken straight art iii cl extending judicial power cases law equity arising constitution laws treaties made shall made authority indeed little legislative history affirmatively indicates source thus act drew scope provision clause judiciary act reflected constitutional authorization clause section extended judicial power cases admiralty maritime jurisdiction provisions article iii two nine separately enumerated classes cases judicial power extended constitution thereby authorized grants congress judicial power inferior federal courts vast stream litigation flowed courts beginning done assumption dealing subject technical jurisdiction courts framers predominantly lawyers used precise differentiating redundant language assumption reflected federalist papers authoritatively confirmed chief justice marshall american ins canter pet therefore inquire whether cases admiralty cases arising laws constitution identical recourse pure fountain jurisdiction federal courts derived find language employed well misunderstood constitution declares judicial power shall extend cases law equity arising constitution laws treaties made shall made authority cases affecting ambassadors public ministers consuls cases admiralty maritime jurisdiction constitution certainly contemplates three distinct classes cases distinct grant jurisdiction one confer jurisdiction either two discrimination made constitution think conclusive identity see also sarah wheat course cases judicial power extends arise comprehensive sense term constitution constitution ultimate source judicial power defines grants implies limits cases admiralty maritime jurisdiction arise constitution sense constitutional sanction cases law equity arising constitution laws language construction point rejection infusion general maritime jurisdiction act history reason powerfully support rejection extension national power resulting victory north concomitant utilization federal courts vindication power reconstruction era naturally led enlarged jurisdiction federal courts federal rights neither aim act provide forum vindication new federally created rights pressures led enactment suggest even remotely inclusion maritime claims within scope statute provision act concerned designed give new content jurisdiction federal courts reaffirm one smoothly functioning since uncovered basis finding additional design changing method federal courts administered admiralty law beginning federal admiralty courts completely adequate task protecting maritime rights rooted federal law slightest indication intention professional lay demands change mode trying suits admiralty without jury inferred new grant jurisdiction cases arising constitution laws drastic innovation impliedly introduced admiralty procedure whereby congress changed method federal courts administered admiralty law almost century draw inference find revolutionary procedural change undesignedly come pass attribute result congress sole remaining justification federal admiralty courts played vital role federal judicial system years provide federal forum small number maritime claims derive state law afford ancient remedy libel rem limited instances personam judgment suffice satisfy claim indeed dictum jansson swedish american line cir followed opinion doucette vincent judges scholars lawyers alike made unquestioned assumption original maritime jurisdiction federal courts practical purposes left unchanged since act thus justice clifford experienced admiralty judge one year passage act question reiterate classic formulation without faintest indication doubt continued vitality parties maritime cases compelled proceed admiralty may resort remedy state courts circuit party seeking redress party citizens different basis examination treatises federal jurisdiction admiralty search reports confidently asserted years following justice clifford opinion single professional utterance legal opinion judges lawyers commentators disagreeing formulation negative testimony often compelling bits affirmative evidence especially compelling comes whose scholarly professional specialty jurisdiction federal courts practice maritime law petitioner asks us hold student jurisdiction federal courts admiralty judge none learned alert members admiralty bar able years discern drastic change asserted contrived admiralty jurisdiction act light impressive testimony past claim sudden discovery hidden latent meaning old technical phrase surely suspect history archaeology replete unearthing riches buried centuries legal history however offer single archaeological discovery new revolutionary meaning reading old judiciary enactment presumption powerful farreaching dislocating construction petitioner us find act uncovered judges lawyers scholars years also significant entire history federal maritime legislation whether passage act great lakes act also general jurisdictional statute one often termed anomaly maritime law jury trial provision jones act congress left availability trial law side inference made specific provision difficult accept alone change made subterraneously infusion general maritime jurisdiction act disregard obvious construction statute important difficulties judicial policy flow interpretation interpretation disruptive effect traditional allocation power maritime affairs federal system thus historic option maritime suitor pursuing remedy select forum state federal taken away expanded view since actions freely removable title interpretation act contended consequences deeply felt elimination suitor traditional choice forum making maritime cases removable federal courts make considerable inroads traditionally exercised concurrent jurisdiction state courts admiralty matters jurisdiction unquestioned aim saving clause preserve disruption principle emphasized cases actually involved small number cases important negatives pressure practical consideration subversion principle deeply rooted role development maritime law role whose significance rooted judiciary act decisions recognition part played beginning dual significance indicates extent expanded view act eviscerate postulates saving clause undermines theoretical basis giving act brand new meaning although corpus admiralty law federal sense derives implications article iii evolved courts claim enforced rights pertaining matters maritime rooted federal law destructive oversimplification highly intricate interplay national government regulation maritime commerce true state law must yield needs uniform federal maritime law finds inroads harmonious system limitation still leaves wide scope liens enforced admiralty state remedies wrongful death state statutes providing survival actions historically absent relief offered admiralty upheld applied maritime causes action federal courts enforced statutes state rules partition sale ships state laws governing specific performance arbitration agreements state laws regulating effect breach warranty contracts maritime insurance laws others accepted rules decision admiralty cases even times conflicted rule maritime law require uniformity field maritime contracts said maritime torts national government left much regulatory power thus one thing clear source law actions described absolute terms maritime law monistic system state federal governments jointly exert regulatory powers today played joint roles development maritime law throughout history sharing competence one aspect federalism traditionally embodied saving clause act often true federal system allocations jurisdiction carefully wrought correspond realities power interest national policy give novel sweep act disrupt traditional maritime policies quite gratuitously disturb complementary historic interacting relationship infusion general maritime jurisdiction federal question grant occasion merely isolated change generate many new complicated problems jurisdiction maritime claims allowed invoked become necessary courts decide whether action arises federal law jurisdictional decision largely depend whether governing law state federal determinations nature among difficult subtle federal courts called upon make last term decision mcallister magnolia petroleum illustrates difficulties raised attempted application state statute limitations maritime personal injury actions problems result effort fit state laws scheme federal maritime law difficulties nourishing academic speculation rarely confronted courts able wait actual conflict state federal standards arisen proceed resolve problem whether state free regulate federal law must govern example state allowed survival cause action based unseaworthiness defined maritime law immaterial whether standard federal governed decisions subject state variations thus able deal conceptual problems context specific conflict specific application policy well illustrated mcallister case however practical considerations adjudication unavailable expanded view federal courts forced determine respective spheres state federal legislative competence source governing law preliminary question jurisdiction applicable law federal law jurisdiction proper necessity jurisdictional determinations couched terms state federal law destroy salutary flexibility enables courts deal problems light necessities illuminated particular question answered certainly sound judicial policy encourage situation necessitates constant adjudication boundaries state federal competence typical also consequences implicit proposed modification maritime jurisdiction restriction venue result novel interpretation act litigants diverse citizenship able invoke federal law forum trial cases litigants aided search federal forum liberality venue provisions applicable actions based diversity citizenship provisions allow action brought either plaintiffs defendants reside actions brought within scope choice longer made plaintiffs subject rigid requirement suit must brought judicial district defendants reside even fact diversity citizenship face consistent compelling inferences drawn history policy break long past application act justification offered novel view statute support ultimately reduced one compelled say empty logic reflecting formal syllogism argument may thus fairly summarized recently line decision culminating pope talbot hawn became apparent source admiralty rights controlling body federal admiralty law development led deepened consideration jurisdictional consequences federal source maritime law one turns act act gave original jurisdiction federal courts cases arising constitution laws maritime law federal law based constitutional grant jurisdiction thus maritime cases arose constitution federal laws mode reasoning words jurisdictional statute found fit like glove although true supremacy federal maritime law conflicting state law recently greatly extended federal nature maritime law administered federal courts long accepted part admiralty jurisprudence classic statement justice holmes western maid summed accepted view maritime law derived force national government part laws merely restatement view clearly set forth lottawanna wall thus theory underlies effort infuse general maritime jurisdiction act rests novel development maritime law premises available today simple language act conceals complexities construction policy already examined apply statute clause article iii derived commonsensical modes construction evidence history logic becomes clear words statute extend reasonably interpreted extend cases admiralty maritime jurisdiction statute phrased terms matter inert language lifeless words detached interpretive setting history legal lore due regard interests federal system may used playthings reconstruct act include cases admiralty maritime jurisdiction history interpretation judiciary legislation teaches anything teaches duty reject treating statutes wooden set words failing subject since pacific railroad removal cases act broadly phrased continuously construed limited light history produced demands reason coherence dictates sound judicial policy emerged act function provision mosaic federal judiciary legislation statute constitution expounding considerations history policy investigation illuminated powerfully reinforced deeply felt traditional reluctance expand jurisdiction federal courts broad reading jurisdictional statutes reluctance must even forcefully felt expansion proposed first time years jurisdiction conferred justice stone speaking act pointed policy statute calls strict construction due regard rightful independence state governments actuate federal courts requires scrupulously confine jurisdiction precise limits statute defined certainly wise counsel deeply persuasive asked accept doctrine cut jurisdiction exercised since colonial days course compelling reasons found redefining statute ancient error cries rectification deterred applying new illuminations interpretation past enactments however examination manifold considerations history construction policy underlies allocation competence maritime matters federal system considerations judicial administration procedure called question direct us rejection proposed infusion general maritime jurisdiction act pointed considerations lead us overturn existing maritime jurisdictional system system old justified experience history federal courts pendent diversity jurisdiction rejection proposed new reading preclude consideration petitioner claims general maritime law claims seen justified however district may jurisdiction pendent jurisdiction jones act course considerations call exercise pendent jurisdiction state claim related pending federal cause action within appropriate scope doctrine hurn oursler involved related claims based federal maritime law perceive barrier exercise pendent jurisdiction limited circumstances us merely decide district judge jurisdiction determine whether cause action stated jurisdiction invoked complaint law rather libel admiralty long complaint also properly alleges claim jones act called upon decide whether district may submit jury pendent claims general maritime law event cause action found exist respondents garcia diaz quin lumber company new york corporations international terminal operating company delaware corporation diverse citizenship petitioner spanish subject since jones act provides independent basis federal jurisdiction respondent compania trasatlantica rule strawbridge curtiss cranch require dismissal claims diverse respondents accordingly dismissal claims lack jurisdiction erroneous ii claims compania trasatlantica problem lauritzen larsen involved claims asserted jones act principles decided derive terms statute pointed jones act written clean slate postscript long series enactments governing shipping enacted regard seasoned body maritime law developed experience american courts long accustomed dealing admiralty problems reconciling foreign interests accommodating reach laws maritime nations thus jones act applied foreign events foreign ships foreign seamen accordance usual doctrine practices maritime law broad principles choice law applicable criteria selection set forth lauritzen intended guide courts application maritime law generally course due regard must differing interests advanced varied aspects maritime law similarity purpose function jones act general maritime principles compensation personal injury admit rational differentiation treatment choice law purposes thus reasoning lauritzen larsen governs claims dealing sovereign power apply law situations involving one foreign contacts absence contrary congressional direction must apply principles choice law consonant needs general federal maritime law due recognition respect relevant interests foreign nations regulation maritime commerce part legitimate concern international community principles depend upon mechanical application doctrine like lex loci delicti commissi controlling considerations interacting interest foreign countries assessing must move circumspection appropriate adjudicating issues inevitably entangled conduct international relations need repeat exposition problem gave lauritzen larsen due regard relevant factors enumerated weight indicated given preclude application american law claims asserted case lauritzen larsen ship foreign registry sails foreign flag injured seaman owner ship spanish status romero spanish subject compania trasatlantica spanish corporation unlike contract lauritzen romero agreement hire entered spain noting fact mean qualify earlier view place contracting largely fortuitous little importance determining applicable law action marine tort lauritzen foreign law provides remedy injury claims law may conveniently asserted spanish consul new york lauritzen larsen injury occurred port havana action brought new york romero injured temporarily american territorial waters difference call difference result discussing significance place wrongful act pointed lauritzen test location wrongful act omission however sufficient torts ashore limited application shipboard torts varieties legal authority waters may navigate territorial standard unfitted enterprise conducted many territorial rules none usually modified constant law flag although place injury often deemed determinative choice law municipal conflict laws rule fit accommodations become relevant fair prudent regard interests foreign nations regulation ships nationals effect upon interests treatment legitimate interests foreign nations impose ships duty shifting one standard compensation another vessel passes boundaries territorial waters onerous also unduly speculative burden disruptive international commerce without basis expressed policies country amount type recovery foreign seaman may receive foreign employer sailing foreign ship depend wholly fortuitous circumstance place injury thus hold considerations found lauritzen larsen preclude assertion claim jones act apply equally affirm dismissal petitioner claims compania trasatlantica iii claims respondents claims international terminal operating quin lumber maritime tort dismissed lack jurisdiction decision jurisdictional issues necessitates return claims respondents adjudication judgment appeals vacated cause remanded district proceedings inconsistent opinion vacated remanded appendix opinion boyce manual practice circuit courts abbott courts practice phillips statutory jurisdiction practice desty manual law relating shipping admiralty curtis jurisdiction practice peculiar jurisprudence courts bump federal procedure miller field federal practice cohen admiralty jurisdiction law practice field constitution jurisdiction courts spear law federal judiciary thatcher thatcher practice digest statutes equity rules decisions upon jurisdiction pleadings practice circuit courts thatcher thatcher practice digest statutes admiralty rules decisions upon jurisdiction pleadings practice district courts henry jurisdiction procedure admiralty courts holt concurrent jurisdiction federal state courts curtis jurisdiction practice peculiar jurisprudence courts rev ed benedict american admiralty ed garland ralston constitution jurisdiction courts simonton charles circuit judge federal courts organization jurisdiction procedure ed carter jurisdiction federal courts limited citizenship residence parties desty manual practice courts ed may practice procedure dwyer law procedure courts hughes handbook admiralty law taylor jurisdiction procedure rose code federal procedure bates federal procedure law encyclopedia reports benedict american admiralty ed loveland appellate jurisdiction federal courts hughes handbook jurisdiction procedure courts ed bunn jurisdiction practice courts also ed ed ed thayer jurisdiction federal courts chaplin principles federal law long outline jurisdiction procedure federal courts ed foster federal practice ed hughes handbook admiralty law ed loveland annotated forms federal procedure ed rose jurisdiction procedure federal courts ed montgomery manual federal jurisdiction procedure ed williams federal practice ed dobie handbook federal jurisdiction procedure longsdorf cyclopedia federal procedure zoline federal appellate jurisdiction procedure ed hughes federal practice jurisdiction procedure rose jurisdiction procedure federal courts ed browne federal appellate practice procedure brown guide federal bankruptcy practice hopkins federal judicial code judiciary ed marker federal appellate jurisdiction procedure rose jurisdiction procedure federal courts ed simkins federal practice ed also supplement robinson handbook admiralty law benedict law american admiralty knauth ed pound organization courts kirshbaum outline federal practice procedure manual federal appellate procedure ed montgomery manual federal jurisdiction procedure ed federal redbook practice annual schweitzer ed ed bender federal practice manual sunderland judicial administration guandolo federal procedure forms moore commentary judicial code wendell relations federal state courts barron holtzoff federal practice procedure fins federal practice guide ohlinger federal practice rev ed replacement vol footnotes district courts shall original jurisdiction civil actions wherein matter controversy arises constitution laws treaties district courts shall original jurisdiction civil actions matter controversy citizens state foreign citizens subjects thereof prior commencement trial respondents moved dismiss complaint ground district lacked jurisdiction subject matter answers respondents also contained motions dismiss failure state claim upon relief granted hearing issue jurisdiction held complaint dismissed although trial viewed issues jurisdictional correct sense procedure followed precisely provided preliminary hearing determine whether claim stated upon relief granted fed rules civ although considered evidence outside pleadings federal rule allows evidence admitted requiring treat motion one summary judgment rule summary judgment proper genuine issue material fact moving party entitled judgment matter law fed rules civ determinations made district course hearing jurisdiction insofar relevant disposition within properly conceived scope rule since requirements rule relating hearing motion judgment pleadings satisfied findings made properly relevant hearing need restrict disposition issue jurisdiction merely proceedings inartistically labeled act march stat modifications language found present version act intended change way meaning content act see reviser note recent amendments act stat affected jurisdictional amount relevant see code cong admin news sess stat present version see farrand records federal convention appeals cases capture first national articles confederation see appendix federalist hamilton wrote bigoted idolizers state authority thus far shown disposition deny national judiciary cognizances maritime causes generally depend laws nations commonly affect rights foreigners fall within considerations relative public peace important part present confederation submitted federal jurisdiction federalist lodge ed original clause calling establishment inferior tribunals defeated convention farrand records federal convention compromise vesting power congress establish tribunals agreed ibid see also thus rutledge argued establishment inferior federal tribunals saying state tribunals might left cases decide first instance right appeal national tribunal sufficient secure national rights uniformity judgmts farrand records federal convention see claflin houseman testa katt murdock city memphis wall see new jersey steam navigation merchants bank boston hamilton story commentaries constitution see also dodd new doctrine supremacy admiralty common law rev black admiralty jurisdiction critique suggestions rev act stat act mar stat belfast wall leon galceran wall removal provisions original judiciary act stat conferred limited removal jurisdiction including cases admiralty maritime jurisdiction none statutes enacted since time cases made removable course federal question jurisdiction granted abortive act stat repealed act march stat see cong rec frankfurter landis business see federalist hamilton note supra see treatises cited appendix post lack clarity marshall opinion suggested doucette vincent city panama decided four years passage act countenance notion chief justice marshall strict differentiation two provisions art iii disapproved case held organic act territory washington granted courts territory combined jurisdiction district circuit courts thereby including course admiralty jurisdiction see cooper holding merely recognized settled practice territory washington since act well practice territories similar acts statement city panama select passages opinion case canter detached context may appear support theory respondents actual decision explicitly undeniably way merely indicated canter like city panama interpreted congressional statute grant admiralty jurisdiction territorial courts light purposes particular statute city panama reject principle constitutional construction marshall used way reaching actual decision question conclusion canter two clauses article iii distinct grants jurisdiction truth observed whenever becomes relevant city panama like decisions serves illustrate jurisdictional statutes read literally construed abstract collections words derive meaning setting history practice due regard consequences construction given see american security trust commissioners district columbia boston sand gravel abbott treatise courts practice ed discusses marshall formulation several cases judicial power extends regarded independent sense one clause sufficient sustain jurisdiction case applies neither restrained enlarged clauses exception restraint imposed amendment xi author discusses classes cases article iii concluding grant jurisdiction one classes confer jurisdiction either others discrimination conclusive identity case admiralty maritime jurisdiction regarded one arising constitution laws merely exercise judicial power maritime cases provided constitution laws citing american ins canter cases coming within jurisdiction referred constitution identical embraced cases law equity referred instrument arising constitution laws treaties belong different category provided distinct specific grant judicial power quotes marshall opinion canter provision act scrutiny originated senate bill sponsored managed senator matthew hale carpenter wisconsin authorship attributed reports wisconsin state bar association death bar journal state wrote love devotion legal studies pursuits objects subjects controlling passions life however devotion carpenter profession election senate seemed matter gratification principally broader field professional labors enabled cultivate reports wisconsin state bar association leaving senate bill went conference reported floor house luke poland vermont esteemed chief justice vermont men made revolutionary change maritime jurisdiction sub silentio suits involving maritime claims regardless remedy sought cases admiralty maritime jurisdiction within meaning article iii whether asserted federal courts saving clause state courts romero claims damages general maritime law case admiralty maritime jurisdiction substantive law claims based derives third provision art iii cl without constitutional grant romero federal claim assert cf story commentaries constitution see frankfurter landis business chadbourn levin original jurisdiction federal questions rev course instances congress provided federal admiralty courts specific statutory jurisdiction death high seas act stat norton switzer see appendix post reasons take us far afield discuss erie tompkins exception provisions jones act stat great lakes act stat neither suits admiralty act stat death high seas act stat allows jury trial personal injury cases death high seas act debated stated question thrashed decided best incorporate bill jury trial difficulties admiralty proceedings congressman igoe speaking judiciary committee cong rec sess policy unremovability maritime claims brought state courts incorporated congress jones act see pate standard dredging cir civil action district courts original jurisdiction founded claim right arising constitution treaties laws shall removable without regard citizenship residence parties see compilation state cases seventh american maritime cases see madruga superior california jurisdictional act act leave state courts competent adjudicate maritime causes action proceedings personam said state concurrent jurisdiction free adopt remedies attach incidents sees fit long attempt make changes substantive maritime law red cross line atlantic fruit southern pacific jensen garrett pope talbot hawn see maryland casualty cushing vancouver rice peyroux howard pet see also edwards elliott wall harrisburg death composer strife general law sea many centuries common law land cardozo cortes baltimore insular line hamilton western fuel garcia chambers hamilton supra chambers supra western fuel garcia supra madruga superior california red cross line atlantic fruit wilburn boat fireman fund ins grounds objection admiralty jurisdiction enforcing liability wrongful death similar urged constitution presupposes body maritime law law matter interstate international concern requires harmony administration subject defeat impairment diverse legislation hence congress alone make needed changes general rules maritime law contentions proved unavailing principle maintained state exercise police power may establish rules applicable land water within limits even though rules incidentally affect maritime affairs provided state action contravene acts congress work prejudice characteristic features maritime law interfere proper harmony uniformity international interstate relations decided state legislation encountered none objections many instances state action created new rights recognized enforced admiralty set forth city norwalk reference also made numerous local regulations state authority concerning navigation rivers harbors pertinent observation maritime law complete perfect system maritime countries considerable body municipal law underlies maritime law basis administration views find abundant support history maritime law decisions chambers broad recognition authority create rights liabilities respect conduct within borders state action run counter federal laws essential features exclusive federal jurisdiction see caldarola eckert illustrative process recent case allen matson navigation cir remarked discussing question duty defendant owed passengers parties agreed law california applied trial made like assumption find unnecessary indicate view whether parties correct see matter law applies rule whether california maritime law macon grocery atlantic coast line restrictive provisions apply action wherein jurisdiction founded solely diversity citizenship may also well situations venue provisions prevent joinder defendants federal district state rules procedure allow joinder thus precluding suit altogether jenkins roderick supp mass lottawanna clearly recognized maritime law body uniform federal law drawing authority constitution laws congress exception justification wiped unfortunate decision act february stat course many limitations placed jurisdiction limitations constitutional power congress confer jurisdiction federal courts see shoshone mining rutter louisville nashville mottley gully first national bank skelly oil phillips petroleum see mishkin federal question district courts rev healy ratta district adjudicated jones act claim merits dismissing lack jurisdiction claims general maritime law however since considerations identical dispose claims compania trasatlantica see wildenhus case supp justice black dissenting although case aroused much discussion scope jurisdiction feel issue either complex real core jurisdictional controversy whether seamen suits damages passed federal juries instead judges reasons stated justice brennan judge magruder doucette vincent believe federal jurisdiction lies federal jury trial proper particular feel technical esoteric readings given congressional language perfectly understandable ordinary english much reason leads also dissent part ii opinion terms jones act applies seaman shall suffer personal injury course employment stat italics added lauritzen larsen held words seaman include foreign seamen sailing foreign ships injured foreign waters dissented holding based thought concepts good bad country internationally rather actual interpretation language jones act thus seemed lauritzen holding rested notions congress said say notions weak enough lauritzen seem much weaker still case tort involved occurred waters feel least torts occurring within congress knew said seaman must dissent today believe unjustifiable reduction scope jones act moreover since tort occurred navigable waters think complaint compania trasatlantica stated good cause action general maritime law whether jurisdiction cause based believe assumes theory pendent jurisdiction justice douglas joins first paragraph opinion believes lauritzen larsen inapposite present case numerous incidents connecting transaction therefore agrees justice black district take jurisdiction petitioner claim compania trasatlantica justice brennan dissenting part concurring part regret agree holding judicial code give jurisdiction federal district sitting law seaman claims employer maintenance cure indemnity damages injury caused unseaworthiness claims asserted manner suit common law requisite jurisdictional amount controversy believe jurisdictional statute logic principles decisions construing compel contrary result think opinion attempts turn aside statutory language thrust decisions reasoning altogether insubstantial point issue one much mooted courts appeals agree appropriate thorough expression views presented propose first explain jurisdiction sustained offer reply specific arguments set forth apparently proceed supposed practical inconveniences thought arise sustaining jurisdiction petitioner brought suit federal district element action dealing claim money damages compania trasatlantica employer breach shipowner duty maintain seaworthy ship maintenance cure since diversity citizenship petitioner compania trasatlantica jurisdiction predicated grant jurisdiction civil actions wherein matter controversy arises constitution laws treaties jurisdiction claims established admiralty side district since specifically grants jurisdiction district courts case admiralty maritime jurisdiction question whether petitioner bring part action law side federal district first long series decisions tracing southern pacific jensen made clear seaman action recover damages maritime tort employer substantive law applied federal maritime law made applicable part laws constitution right recovery federally created right chelentis luckenbach knickerbocker ice stewart garrett pope talbot hawn cf red cross line atlantic fruit true early history maritime law thought international law merchant impartially administered several maritime nations world concept expressed chief justice marshall language american ins canter pet case admiralty fact arise constitution laws cases old navigation law admiralty maritime existed ages applied courts cases arise mean supranational law american courts bound made clear justice bradley lottawanna wall said hardly necessary argue maritime law far operative law country adopted laws usages country teaching emphasized western maid justice holmes speaking said must realize however ancient may traditions maritime law however diverse sources drawn derives whole power country accepted adopted mystic even must bow sovereign power determines rules substantive law governing maritime claims sort petitioner asserts federal power speaking congress case jones act case judicially defined causes action southern pacific jensen supra area federal courts defined substantive rules applied state law indeed federal substantive law created must enforce actions brought state courts garrett supra federal courts applied actions law diversity citizenship relied upon jurisdictional basis pope talbot hawn supra causes action asserted employer petitioner present claim created arising state law right recovery rooted federal maritime law second since petitioner causes action unseaworthiness maintenance cure created federal law case arises laws within meaning clear suit arises law creates cause action holmes american well works layne bowler contention accepted since petitioner rights judicially defined osceola created laws within meaning words maritime rights created act congress created laws another context state law recognized statutory word laws includes decisions erie tompkins converse situation presented federal courts extensive responsibility fashioning rules substantive law maritime cases see wilburn boat fireman fund ins rules fully laws enacted congress cf garrett supra warren see mater holley third notwithstanding conclusions jurisdiction course lie beyond constitutional power congress vest jurisdiction action seaman employer matter falling admittedly within admiralty maritime jurisdiction federal sitting law late make argument jurisdictional treatment rights seamen jones act cause action bound cause action question preclusive issue jones act held panama johnson authorized legislative power residing admiralty clause article iii right action granted however specifically stated congress exercisable law right trial jury federal district courts treatment upheld constitutional challenge held jurisdiction properly lay option plaintiff either admiralty law side district constitutional provision interposes obstacle permitting rights founded maritime law admissible modification enforced appropriate actions side courts unchallenged maintenance cause action question law district courts diversity citizenship present proof constitutional inhibition maintenance action law exists cf belfast wall despite constitutional power congress jurisdiction may still defeated power exercised words jurisdictional grant read containing implied exception cases falling within admiralty maritime jurisdiction see paduano yamashita kisen kabushiki kaisha jenkins roderick supp take net effect reasoning gist argument developed courts appeals enacted insure availability forum designed minimize danger hostility toward specially suited vindication federally created rights paduano yamashita kisen kabushiki kaisha supra continuously since congress provided specially admiralty courts rights federal maritime law asserted argument runs follows claims maritime law intended fall within scope conclusion rests primarily analysis terms background act ancestor various inferences drawn silence act passage members first congress agreement national courts admiralty imperative necessity times annals cong gave district courts first judiciary act original jurisdiction civil causes admiralty maritime jurisdiction stat circuit courts given appellate jurisdiction causes admiralty maritime jurisdiction stat phrases followed almost literally wording art iii constitution extending federal judicial power cases admiralty maritime jurisdiction significantly first judiciary act granted district circuit courts general jurisdiction section first judiciary act however contained clause saving suitors cases right common law remedy common law competent give saving clause survives phrased saving suitors cases remedies otherwise entitled provision plainly recognition prior maritime claims within concurrent jurisdiction courts admiralty law benedict american admiralty ed schoonmaker gilmore clearly intention congress perpetuate duality remedy true certain classes cases traditional rem prize seizure cases lay within exclusive jurisdiction admiralty benedict american admiralty moses taylor wall hine trevor wall glide suits maritime law personam nature might brought well state courts diversity jurisdiction federal circuit courts stat thus clear argument exclusive grant jurisdiction false history enactments allocating judicial power fact diversity case claimant free proceed law side federal enforce rights created federal maritime law seas shipping sieracki clearly runs counter theory federal courts judiciary act adjudicate maritime claims sitting admiralty compelling reason exclude maritime actions brought law federal exclude brought indeed find gross anomaly hold holds today action rooted federal law brought law side federal diversity jurisdiction usually vehicle enforcement rights invoked plainly nothing language exclude jurisdiction maritime claims nature asserted petitioner rather manner speaking language section fits cause action question like glove jenkins roderick supp reasons section must read restrictively corresponding jurisdictional grant constitution speaks cases law equity arising constitution laws specification law equity reflected ancestor present suits civil nature common law equity arising constitution laws said indicate suit arising substantive maritime law comprehended section argument mistakes nature saving clause action action brought saving clause maintained law equity action romero assert assert law mere fact substantive claim enforces particular saving clause action rooted general maritime law transform proceedings suit law one admiralty state courts hardly said sit admiralty try actions saving clause cf hamilton saving clause form stated saving common law remedy available maritime fact situations readily admitted suit admiralty thing suit law say suit involving maritime cause action subject suit law federal courts obviously saving clause actions brought law side federal diversity citizenship present actions law fact grant diversity jurisdiction act terms grant arising jurisdiction introductory phrase suits civil nature common law equity governed grants seems odd say phrase introducing two grants jurisdiction effect excluding maritime causes action entirely one legislative history indicate intent part congress exclude claims asserted federal maritime law ambit present section latest recodification provisions judiciary act stat alluded first time permanence vested federal courts original general jurisdiction claim arises constitution laws treaties congressional debates focused largely proposed changes diversity jurisdiction considered scrutiny given provisions become see cong rec frankfurter landis business ed nothing appears indicate congressional intent modify implication otherwise sweep language act embodying substantially words constitutional grant nothing appears indicate intention act coverage frozen exclude federal causes action fully developed argues however congress aware chief justice marshall statement article iii created admiralty jurisdiction distinct arising jurisdiction american ins canter supra intended jurisdictional statutes mutually exclusive manager legislation senate declared bill generally conferred precisely power constitution confers nothing nothing less cong rec difficult infer congress meant crystallize particular interpretation constitution statute even proper absence concrete indication speculatively breathe construction views constitution might served silent premise congressional action think called marshall statement understood context contrary position fact proper scope recognized discussing canter case think wise restate precise nature issue fear expansive reading canter justified either decided said considered light decided blurred issue decision today issue us whether cases admiralty maritime jurisdiction per se encompassed statutory arising jurisdiction suit seeking sort remedy common law competent give fairly contended lie clearly sort suit jurisdictional grant intended exclusive issue us concerns actions maintainable forum law saving clause issue even narrower one whether saving clause actions per se cognizable tests jurisdiction must still met contention met merely showing action one maintainable saving clause involving requisite jurisdictional amount plaintiff right recovery must still one rooted federal substantive law quite recently made clear saving clause actions meet test wilburn boat fireman fund ins issue us whether fact action saving clause action excludes otherwise maintainable thereunder issue american ins canter power territorial make decree selling cargo satisfy maritime lien rem existing favor salvors state even saving clause pass decree enforcement classic admiralty remedy matter solely within competence federal admiralty courts hine trevor wall passage marshall opinion relied upon chief justice saying act congress conferred certain territorial courts jurisdiction cases arising laws constitution stat token alone grant power enforce remedy peculiarly within competence admiralty courts broadest permissible interpretation dictum means fact constitution creates admiralty jurisdiction make admiralty cases cases arising constitution marshall opinion say action seeking remedial relief sort common law competent give plaintiff right recover rooted federal law ceases suit arising laws merely maritime nature one contending course grant power enforce remedies peculiar admiralty contention solely section empowers federal administer remedies vindication rights plaintiffs take origin federal law subject exception rights taking origin federal maritime law marshall opinion simply addressed question dispositive much made marshall language categories actions mentions distinct identical course real sense sense marshall meant matter affecting ambassador consul per se action arising per se maritime action case involving consul also case admiralty jurisdiction certain fact situations suit consul happen also one arising fact jurisdictional categories separate distinct marshall demonstrates mean particular action come heading one everyone recognizes case maritime matter parties diverse citizenship see reason true romero general maritime law claims employer appears also clear even marshall opinion thought creating situation impossible say maritime cases also attributed categories federal jurisdiction long congress contemplated jurisdictional grant taylor carryl made clear fact situations maritime cognizance giving rise rights admiralty supply remedy alternatively proceedings course common law lay maritime torts specifically conceived within category case followed view justice story expressed commentaries constitution quoted approval chancellor kent rawle seem think admiralty jurisdiction given constitution cases necessarily exclusive believed opinion founded mistake exclusive matters prize reason common law jurisdiction vested courts admiralty exclusion courts common law cases jurisdiction common law admiralty concurrent cases possessory suits mariners wages marine torts nothing constitution necessarily leading conclusion jurisdiction intended exclusive better ground upon general reasoning contend reasonable interpretation seem conferred national judiciary admiralty maritime jurisdiction exactly according nature extent modifications existed jurisprudence common law jurisdiction exclusive remained concurrent remained hence right create courts admiralty confer courts cognizance cases exclusively cognizable admiralty courts might well retain exercise jurisdiction cases cognizance previously concurrent courts common law latter class cases deemed cases admiralty maritime jurisdiction cases jurisdiction story sec note accordingly see concluded congress read marshall opinion creating sort gulf make impossible maritime case also one arising constitution laws course one rely prove thesis dicta cases decided effect saving clause actions brought law side federal diversity citizenship rely belfast wall leon galceran wall steamboat chase wall act first time permanence granted general jurisdiction federal courts first instance hardly denied statements correct made equally plain authority limiting jurisdiction diversity cases act passed moreover seriously attach significance repetition obiter formulation case decided shortly act passage effect new statute presented discussed norton switzer fact approach followed interpretation saving clause period supports rather detracts conclusion observed remedies saved saving clause saved suitors state courts circuit courts congress intended provision allow party seek redress admiralty saw fit make compulsory case common law competent give remedy properly construed party provision may proceed rem admiralty may bring suit personam jurisdiction may elect go admiralty may resort common law remedy state courts circuit make proper parties give jurisdiction case belfast wall clear language remedies saved suitors properly enforced tribunal otherwise jurisdiction remedies saved saved generally suitors without discrimination tribunal consider sound place reliance placed fact arguments considering today raised till ever considered problem discuss great length none assortment commentators listed appendix ever discussed argument fact claims draw force fact discussed fact issue never explored tried till judge magruder dictum jansson swedish american line took point view similar one expressed asked infer argument jurisdiction succeed finally raised accept convincing argument construction broadly written statute intended least aspects broad dynamic constitution served basic jurisdictional entitlement vindication numerous increasing types federally created rights lower federal courts ever since enactment modern development legal science country federal system increasing concern taken source substantive law administered courts southern pacific jensen supra notably erie tompkins supra indications trend lawyers judges federal system came concentrate source substantive law administered courts opinions made increasingly clear kinds maritime actions underlying right recover rooted federally created law inadmissible significant modification inevitable consequence relation maritime matters come first time examined judge magruder examined jansson doucette cases one views history system adjudication history process one must conclude historical material relied upon nothing sort history except illustrate antithesis finally true adhered policy construing jurisdictional statutes narrowly healy ratta thomson gaskill regard grant jurisdiction district courts insisted claim created federal law necessary part plaintiff case louisville nashville mottley claim truly federal nature gully first national bank present problem apart line cases clear petitioner presenting federal claim created federal law objection somehow congress intended exclude claims particular sort grant arguments presented narrow construction appear insubstantial withstand logic petitioner position however willing one might resolve doubtful language jurisdiction exceptions statutory language manufactured manner unwarranted words derived pertinent history process futile speculation compelled conclusion effect act intent judged lights courts must discern legislative intent federal courts possess original jurisdiction law determine claims arising federal substantive maritime law common law competent afford remedy sought plaintiff fourth envisions various unfortunate results practical standpoint ensue holding jurisdictional issue contrary shall comment briefly arguments first argued recognition jurisdiction combined removal provisions judicial code operate destroy competence maritime matters altogether source cited indicates period inclusive decisions saving clause actions rendered state courts country developed resolution jurisdictional issue contrary majority view mean cases assertable originally federal removable even present controversy apparent removability point addresses situation nearly de minimis saving clause suitors seem long ago deserted state courts therefore share concern state judiciaries deprived historic active roles development maritime law actions left state courts many may stay aught predicted sort role state judiciaries development maritime law saving clause actions year among doctrine really put end role whatever must noted legislative competence possess remains regardless may happen number maritime cases courts view urged subtract one iota legislative competence enlargement removal affects judicial competence take away original jurisdiction suitors content elaboration inroads state competence rejection view supposed entail stated destructive oversimplification claim enforced rights pertaining maritime matters rooted federal law one claiming point saving clause actions meet arising test however perfectly evident past holdings seaman action unseaworthiness maintenance cure rooted federal law claim need present issue case agree perfectly observation federal system allocations jurisdiction carefully wrought correspond realities power interest national policy think embodies approach vesting federal courts civil actions jurisdiction option suitors suits seeking legal equitable remedy arising federal law involving specified amount whether involve maritime matters see fits realities power interest national policy say federal jurisdiction common law federally defined maritime causes action diversity citizenship among parties involved next argues holding contrary produce venue problems fact unduly restrictive toward plaintiffs choice forums district courts jurisdiction even though diversity may also present judicial code rather governs suit must brought defendants residence district may brought plaintiffs residence district unless course also happens defendants one reading discussion consequences plaintiffs apt forget inform defendants maritime actions likely corporations particularly personal injury litigation sort case bar declares residence corporation venue purposes district incorporated district licensed actually business corporate venue widely defined rare plaintiff rarer personal injury plaintiff seamen longshoremen apt live near employers carry business vessel owners employers serve business take much advantage fact sue district residence action based solely diversity otherwise course existence proper venue residence mean plaintiff sue defendants must still serve process except process run throughout limits state venue speaks terms district means broader diversity venue assistance defendant business area nonetheless amenable process course think dimensions practical reason holding patent ii though rejects romero assertion jurisdiction general maritime law claims employer proceeds adjudicate merits reaches pendent jurisdiction theory analogous hurn oursler action appears unprecedented appears recognize prior applications doctrine recognized limited cases claims arising state law independent jurisdiction federal intertwined federal claims theory applied cases two types claims admittedly within district jurisdiction one admittedly cognizable according forms common law except theory plaintiff comes desiring claims adjudicated strictly according common law disclaiming federal jurisdiction admiralty short desires jury pass upon claims federal courts jurisdiction claims state courts may well prefer event today tells though doubtful whether enough jurisdiction federal courts proceed plenary adjudication claim enough certainly award summary judgment merits must say understand sort jurisdiction allows federal courts make preliminary exploration merits case binding adjudication upon may allow go obviously view accepted claims presented survive summary judgment problem pendent jurisdiction glaring problem judicial administration separation functions judge jury crew members maritime tort suits almost invariably urge claims jones act general maritime law breach duty maintain seaworthy vessel claims legally generally factually completely bound mcallister magnolia petroleum baltimore phillips productive extraordinary problems two elements claim presented different triers fact time one consequence holding jurisdiction law sort unseaworthiness claims diversity citizenship absent cf jenkins roderick supp advisory jury membership doubtless mandatory one hearing jones act claim hear unseaworthiness claim extent verdict bind judge judge passes issues avoid overlapping damages contradictory findings effect finding facts common claims made judge rendition jury verdict vice versa doctrine collateral estoppel apply problems arise wake rejection jurisdiction restricted holding jurisdictional basis apart romero claims general maritime law employer consider solution controversy among lower courts prevailed since jansson dictum shed much light iii since view jurisdiction law jurisdiction romero invoked consider claims arrive merits claims employer compania trasatlantica concur result set forth part ii opinion also agree disposition claims respondents set forth part iii opinion chief justice joins opinion justice black justice douglas join except extent indicated dissents grant diversity citizenship jurisdiction contained contains language include suit one alien another even might also citizen defendants constitutionality broader statute least art iii cl subclause see hodgson bowerbank cranch time commencement petitioner suit read district courts shall original jurisdiction civil actions wherein matter controversy exceeds sum value exclusive interest costs arises constitution laws treaties true certain extent state law may consulted area least work material prejudice characteristic features general maritime law interfere proper harmony uniformity law southern pacific jensen supra example recovery made use state wrongful death acts hamilton western fuel garcia levinson deupree state survival statutes chambers presented problem interpreting periphery state federal elements blended scope provisions see smith kansas city title trust gully first national bank skelly oil phillips petroleum since derived judiciary act stat since language jurisdictional grant act taken art iii worthy note earlier draft forms article iii provided judicial power extend cases arising laws passed legislature see madison diary july august august ii elliot debates ed warren making constitution ed flores argued policy insure availability forum designed minimize hostility vindication federally created rights application availability federal forum substantially argument made diversity case since assumed admiralty impartial treatment parties cf paduano yamashita kisen kabushiki kaisha supra act march stat first permanent statute vesting original arising jurisdiction federal courts section act february stat extended jurisdiction shortly repealed act march stat might say think impressive argument members senate judiciary committee congressmen men large legal attainments learning intended result contrary participated enactment judiciary act men esteem silently made revolutionary change maritime jurisdiction holding contrary herein supposed cf frankfurter landis op supra development federal judiciary jurisdiction retrospect seems revolutionary received hardly contemporary comment rate argument combines unwarranted historical cult personality attribution one views prior generations involved sort conspiratorially silent change federal jurisdiction question whether tacit exception engrafted thoroughgoing explicit new jurisdictional grant whether read statute matter ordinary english speech hood marshall statement full follows constitution laws give jurisdiction district courts cases admiralty jurisdiction case constitute case therefore inquire whether cases admiralty cases arising laws constitution identical recourse pure fountain jurisdiction federal courts derived find language employed well misunderstood constitution declares judicial power shall extend cases law equity arising constitution laws treaties made shall made authority cases affecting ambassadors public ministers consuls cases admiralty maritime jurisdiction constitution certainly contemplates three distinct classes cases distinct grant jurisdiction one confer jurisdiction either two discrimination made constitution think conclusive identity point open inquiry difficult maintain proposition case admiralty fact arise constitution laws cases old navigation law admiralty maritime existed ages applied courts cases arise advert constitutional views light may shed congress probable intent time act consideration marshall statement may thought made constitutional terms developed constitutional argument power congress allocate type action least concurrently law side federal power enforce remedy fact found another section territorial organic act stat jurisdiction vested question rather territorial superior related cf note infra seems import first sentence marshall dictum quoted note supra see note infra opinion justice johnson canter case rendering judgment circuit marshall opinion affirmed appeal makes distinction johnson rejected idea constitutional grant admiralty jurisdiction made admiralty cases cases arising constitution believe cause action salvage arose constitution laws yet recognized enumerated cases maritime nature substantive rights rooted federal law grant arising jurisdiction extend american ins canter fed cas johnson sat appeal express indication marshall opinion contrary said circuit fact marshall language jurisdiction case constitute case note supra appears recognize johnson distinction constitutional grant admiralty jurisdiction mean admiralty cases arising cases substantive law governing case determinative cf puerto rico russell four years passage act rejected marshall dictum narrow application time originally delivered city panama considering power territorial enforce remedies peculiarly within competence admiralty counterpart section marshall finally predicated jurisdiction canter presented case based jurisdiction section territorial organic act similar one marshall rejected stat extended jurisdiction certain cases arising constitution laws holding arising language granted admiralty jurisdiction referred canter select passages opinion case detached context may appear support theory respondents actual decision explicitly undeniably way course question whether arising language organic act territory taken vesting entire admiralty jurisdiction subject canter panama decisions relation issue contended somehow entitles federal district courts exercise admiralty power law issue whether section grants jurisdiction law federally based claims remains unaffected circumstance particular claims may maritime nature original repositories diversity jurisdiction act september stat judge magruder thoroughly developed views doucette vincent seventh american maritime cases source reports state decisions including published otherwise later however recognizes one arguing saving clause actions per se encompassed argument progresses unfortunate courts forced determine limine whether various saving clause actions arise purposes really obstacle efficient administration justice trial first stage litigation called upon precisely determine legal system created cause action plaintiff suing