Page:Federal Reporter, 1st Series, Volume 5.djvu/95

 EOLMBS V. 0. <St 0. BY. CO. 68 �in the national courts as well as tbose of the state. The ju- risdiction does not depend on the origin of the right, bat the fact of the right and the citizenship of the parties. The rights of parties generally bave their origin in the lawa of the state, and, therefore, such laws furnish so far the test and measure of such rights, whether prosecuted or defended in the national or state courts. The Orleans, 11 Pet. 184. �The question of whether the state or national tribunal» have jurisdiction does not depend upon the state or national origin of the right or title in question. If the plaintiff's cit- izenship is different from that of the defendant he has a right to sue in the circuit court of the United States, whether the right he asserts is of state or national origin. For the same reason, if a right is of admiralty jurisdiction, it is cog- nizable in the district courts without reference to the residence of the parties or the origin of the right. The maxim that the state caunot enlarge the jurisdiction or control the process of the national courts is admitted. But, certainly, it may in- orease the cases in such courts by enlarging the class of per- sons or things included in their jurisdiction. �For instance : By the general maritime law of the United States material-men bave no lien upon a vessel for supplie» fumished her in the home port ; but, in the absence of leg- islation by congress, the state may give a lien in such cases^ and, the contract and service being a maritime one, the right thus acquired may be enforced in the district court. The Planter,! Pet. 324; The Lottawana, 21 Wall. 579. Congress,^ by virtue of its power to regulate commerce, may pass laws governing pilots and pilotage ; but until it does so the state may make regulations on the subject. Suits for pilotage are of admiralty jurisdiction; but by the general marine law compensation cannot be recovered upon a mere tender and refusai of pilot services. Yet many of the states having found it necessary, in maintaining a body of skilf ul and dar- ing pilots upon the pilot grounds within their limits, to pro- vide that the pilot first tendering his services to a vessel ,thereon should reçoive, if refused, half pilotage, there was thus created in favor of the pilot so tendering his services a ����