Page:United States Reports, Volume 1.djvu/60

 

HIS cae, which was an appeal from a decree in the Admiralty, having been elaborately argued on the 6th of May, the delivered the opinion of the Court.

, Preident:—The cae upon which we are now to give our judgment, comes before us under the following circumtances:—Captain Montgomery was mater and commander of the hip, called the General Greene, deigned for a voyage to Martinicp. While the hip lay in the river, a evere frot happened, which occasioned a great delay, and the owners thought proper to alter their plan. Differences then aroe; they dimit Capt. Montgomery, and took the hip from him. Upon this he preferred his libel in the Court of Admiralty, complaining of the injury, as done to him in the port of Philadelphia, and within the juridiction of the Court of Admiralty. The anwer of the owner to the libel is, that they had a right to remove their captain when they pleaed, and that they are willing to pay him any damages he may have received by the removal.

Two general quetions arie: Firt—Is the matter complained of within the Admiralty juridiction? Secondly, On the merits, had the owners a right to remove Capt. Montgomery?

The firt quetion is ubdivided into two others. Firt—Had the Court of Admiralty cognizance of this caue, conidering the place where the offence is charged to have been done?—Secondly, Is the ubject matter of Admiralty cognizance?

All the proceedings are laid to have taken place within the port of Philadelphia. The repondents ay, that the river Delaware is not within the Admiralty juridiction, and to prove this, they cite Ld. Raym. 1453.—But, it appears to us, that, from the 12th and 15th Rich. 2d. the Admiralty has had juridiction on all waters out of the body of the county.—There has been great debates as to what is meant