Si. Seamen employed on board of steam boats and lighters engaged in trade or com merce on tide-water are within the admiralty jurisdiction. But those in ferry-boats are not so. Gilp. Dist. Ct. 203, 532.
Wages may be recovered in the admiralty by the pilot, deck-hands, engineer, and fire men on board of a steamboat. Gilp. Dist. Ct. 505.
But unless the service of those employed contribute in navigating the vessel, or to its preservation, they cannot sue for their wages in the admiralty. Musicians on board of a vessel, who are hired and employed as such, cannot, therefore, enforce a payment of their wages by a suit in rem in the admiralty. Gilp. Dist. Ct. 516.
S2. The extraordinary jurisdiction of the district court, as a court of admiralty, or that which is vested by various acts of con gress, consists of Seizures'under the laws of imposts, naviga tion, or trade of the United States. It is en acted, by the act of September 24, 1789, sect. 9, that the district court shall have exclusive original cognizance of all civil causes of ad miralty and maritime jurisdiction, including all seizures under laws of impost, navigation, or trade of the United States, when the seizures are made on waters which are navi gable from the sea by vessels of ten or more tons burthen, within their respective districts, as well as upon the high seas ; saving to suitors, in all cases, the right of a common law remedy, when the common law is com petent to give it.
S3. Causes of this kind are to be tried by the district court, and not by a juvy. - 1 Wheat..9, 20 ; 4 Cranch, 438 ; 5 id, 281; 7 112 ; 3 DalL 297.
It is the place.of seizure, and not the com mitting of the offence, that, under the act of September 24, 1789, gives jurisdiction to the 4 Cranch, 443 ; 5 id. 304 ; for until there has been a seizure the forum cannot be ascertained. 9 Cranch, 289.
When the seizure has been voluntarily aban doned, it loses its validity ; and no jurisdiction attaches to any court unless there be a, new seizure. 10 Wheat. 325 ; 1 Mae. C. C. 3G1.
84. Captures made within the jprisdic tional limits of the United States are within the admiralty jurisdiction, the act of April 20, 1818, sect. 7, the district • court shall take cognizance of complaints, by whomso ever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts and shores thereof.
S5. The civil jurisdiction, of the district court extends to cases of seizure on land, under the laws of. the United States, and in suits for penalties and forfeitures incurred under the laws of the United States.
The act of September 24, 1789, sect. 9, gives to the district court exclusive original cogni zance of all seizures made on land, and other, waters than as aforesaid (that ie. those which, are navigable by vessels of 'ten or more tons burthen, within their respective districts, or on the high seas), and of all suits for penal ties and forfeitures incurred under the laws of the United States.
In all cases of seizure on land the district court sits as a court of. common law, and its jurisdiction is. entirely distinct from .that ex ercised in case of seizure on waters navi gable by vessels of ten tons burthen and up wards.. 8 Wheat 395.
Seizures of, this kind are triable by jury they,.are not cases of admiralty and jurisdiction. 4 Cranch, 443.
S6. Aliens' suits for torts in violation of the laws of nations or a treaty of the United, States are within its jurisdiction, The act Of September 24, 1789, sect. 9, directs that the district court-shall have cognizance; concur rent with the courts of the several states, or the circuit courts, as the case may be, of all causes where an alien sues for a tort only, in violation of the law of nations, or of a treaty of the United States.
S7. Suits instituted by the United States are within its jurisdiction. By the ninth section of the act of September 24, 1789, the district court shall also have cognizance, concurrent as last mentioned, of all suits at common law where the United States sue, and the matter in dispute amounts, exclusive of costs, to the sum or value of one hundred dollars. And by the act of March 3, 1815, sect. 4, it has cognizance, concurrent with the courts and magistrates of the several states, and the circuit courts of the United .States, of all suits at common law where the. United States, or any officer thereof, under the authority .of any act of congress, sue, although the debt, claim, or other matter in dispute shall not amount to one hundred dollars, These last words do not confine the juris diction given by this act to one hundred dol. lars, but prevent it from stopping at that sum ; and, consequently, suits for sums over one hundred dollars are cognizable in the dis trict, circuit, and state courts, and before magistrates, in the cases here mentioned. By virtue of this act, these tribunals have jurisdiction over suits brought by the post master-general for debts and balances due' tl& general post-office. 12 Wheat.' 147; 1 Pet. 318; 2 id. 447.