Nicholson v. State

The Court gave judgment on the case stated for the plaintiff. ¹¹⁰ The following letter will show the grounds on which the plaintiff’s intestate claimed his salary as judge of the admiralty court: His Excellency John E. Howard, Governor of Maryland. Baltimore, October 28, 1790. Sir — In 3'our letter protesting the draft for my salary as judge of the court of admiralty for this state, you say you are not informed of any cases which are exempted from the jurisdiction of the district coui't of the United States, and that the abolition of the state admiralty court is indicated by the establishment of the former.” In answer to which I have taken the liberty of laying before your excellency and council my opinion upon the extent and limitation of both courts, and flatter myself that upon reflection you will be satisfied that the state admiralty court has exclusive jurisdiction in a variety of cases. For notwithstanding the clause in the federal constitution, art. 3. sect. 2, is general, viz. all cases of admiralty and maritime jurisdiction, yet it must be taken in a qualified sense, and confined to cases incident to the nature of that government, so as to give it complete federal sovereignty, without impairing the state sovereignty more than is necessary to compose the former.

Perhaps I shall be better understood by pointing out the cases which I apprehend of right belong to each jurisdiction. To the federal government is ceded the power of making war and peace ; of course the district court has jurisdiction in all cases of