FREE BOOKS

Author's List




PREV.   NEXT  
|<   668   669   670   671   672   673   674   675   676   677   678   679   680   681   682   683   684   685   686   687   688   689   690   691   692  
693   694   695   696   697   698   699   700   701   702   703   704   705   706   707   708   709   710   711   712   713   714   715   716   717   >>   >|  
reign governments. The Court held that it includes only persons accredited to the United States by foreign governments.[327] However, matters of especial delicacy such as suits against ambassadors and public ministers or their servants, where the law of nations permits such suits, and in all controversies of a civil nature to which a State is a party,[328] Congress has made the original jurisdiction of the Supreme Court exclusive of that of other courts. By its compliance with the Congressional distribution of exclusive and concurrent original jurisdiction, the Court has tacitly sanctioned the power of Congress to make such jurisdiction exclusive or concurrent as it may choose. Likewise, as in the Popovici case, it has implied that Congress, if it chose, could make the court's jurisdiction of consular officials exclusive of State Courts. Cases of Admiralty and Maritime Jurisdiction ORIGIN AND CHARACTERISTICS The admiralty and maritime jurisdiction of the federal courts had its origin in the jurisdiction vested in the courts of the Admiral of the English Navy. Prior to independence, vice-admiralty courts were created in the Colonies by commissions from the English High Court of Admiralty. After independence, the States established admiralty courts, from which at a later date appeals could be taken to a court of appeals set up by Congress under the Articles of Confederation.[329] Since one of the objectives of the Philadelphia Convention was the promotion of commerce and the removal of obstacles to it, it was only logical that the Constitution should deprive the States of all admiralty jurisdiction and vest it exclusively in the federal courts. CONGRESSIONAL INTERPRETATION OF THE ADMIRALTY CLAUSE The Constitution uses the terms "admiralty and maritime jurisdiction" without defining them. Though closely related the words are not synonyms. In England the word "maritime" referred to the cases arising upon the high seas, whereas "admiralty" meant primarily cases of a local nature involving police regulations of shipping, harbors, fishing, and the like. A long struggle between the admiralty and common law courts had, however, in the course of time resulted in a considerable curtailment of English admiralty jurisdiction. For this and other reasons, a much broader conception of admiralty and maritime jurisdiction existed in the United States at the time of the framing of the Constitution than in the Mother Countr
PREV.   NEXT  
|<   668   669   670   671   672   673   674   675   676   677   678   679   680   681   682   683   684   685   686   687   688   689   690   691   692  
693   694   695   696   697   698   699   700   701   702   703   704   705   706   707   708   709   710   711   712   713   714   715   716   717   >>   >|  



Top keywords:
jurisdiction
 

admiralty

 
courts
 

maritime

 
States
 

exclusive

 

Congress

 
Constitution
 

English

 

nature


United
 

governments

 

independence

 

original

 

concurrent

 
federal
 

Admiralty

 
appeals
 
related
 

Though


closely

 

defining

 

CONGRESSIONAL

 

commerce

 

removal

 

obstacles

 

logical

 

promotion

 

Convention

 

objectives


Philadelphia
 

ADMIRALTY

 

INTERPRETATION

 
deprive
 

exclusively

 

CLAUSE

 

resulted

 

considerable

 
curtailment
 
struggle

common

 

reasons

 
Mother
 

Countr

 

framing

 

existed

 

broader

 

conception

 

arising

 

referred