Page:Federal Reporter, 1st Series, Volume 5.djvu/624

 612 FEDERAL REPORTER. �ralty and maritime jnrisdiction." It authorizes congress "to make ail laws which shall be necessary and proper for carry- ing into execution * * * ail powers vested by this con- stitution in the govemment of the United States, or in any department or officer thereof." Express authority is also given to create courts inferior to the supreme court. Under these provisions of the constitution it cannot be questioned that congress bas power to vest in a court of the United States exclusive jurisdiction of admiralty and maritime causes, and to regulate in its discretion the mode of procedure in such courts, and if it sees fit it may provide that ail claims grow- ing out of a marine tort, like a fire or collision on a vessel, happening without the privity or knowledge of the owner, shall be heard and tried in a single proceeding or suit, in which ail parties interested are summoned to prosecute or defend their claim or interest. This is clearly done by this act ; and so far, and if it did nothing more than this, the statute would be a mere statute of procedure of undoubted validity, without regard to power of legislation in respect to interstate and foreign commerce. Has not congress the further power, having entire control over the remedy, to prescribe that in such cases the remedy shaU be in rem only against the ship and freight, and not in personam,- that the damages to be recovered in this class of marine torts in the admiralty courts of the United States shall be limited to the value of the ship and freight, and that if the fund is not sufficient to pay ail claims upon it, that it shall be equitàbly distributed among the claimants? What is this more than prescribing and regulating the remedies to be administered in its own courts ? And is there any limitation on such regulation of the rem- edies which suitors may have in the courts of the United States except the discretion of congress ? It seems difficult to say that the power which can give the remedy cannot pre- scribe its form and its limitation. Under the act of August 23, 1842, (5 St. 518,) the supreme court was authorized to Jnake rules of practice in admiralty. Those rules prescribe the form of remedy to be taken in varioua classes of cases, whether ht personam or in rem, or both. Rules 12 to 20. It ����