How the Federal Courts were Given Admiralty Jurisdiction

Although maritime courts, and the general admiralty jurisdiction were more or less familiar during the colonial period, this subject when now viewed in the retrospect, received but scant attention in the deliberations of the Federal Constitutional Convention.In none of the three early programs or plans for the new government, viz. the Virginia plan; what was known as the Pinckney plan; and the New Jersey plan, is found any express reference to that jurisdiction.The greater differences in the Convention over State equality; the question of a single executive; and the difficulties of devising a system of legislative chambers fair to both the larger and smaller States occupied the Convention before the details involved in a judiciary article.And yet admiralty courts had been long functioning in those States that bordered upon the sea.Under the English Act of 1696, the Continental Colonies, for the purposes of admiralty jurisdiction, were first divided into two districts.The Northern included New England, New York, and, after 1702, New Jersey.Pennsylvania, and the colonies to the southward formed the other district.An admiralty judge was appointed to each district.'Later the districts were changed with new boundaries.The authorities respecting these colonial courts are not uniform.In 1764, Dr. William Spry was said to hold the appointment of judge of the Vice-Admiralty Court for all America; and from Halifax issued a proclamation regarding the holding of terms of courts; but a few -years later, being appointed Governor of Barbados, he sailed for that *Of the New York Bar; former Justice of the Appellate Division of the New York Supreme Court.'Channing.History of the United States, Vol. 2. p. 277 (ed.1918).Before the year 1696, there had been little prize litigation in this country.It was a subject of special inquiry from England.This was the investigation in Virginia:-"Inquiries propounded to the Governor of Virginia in the year 176o, and answered in 1761, while Sir William Berkeley was Governor:-"Q.What courts of judicature are within your government, relating to Admiralty?A. Intwenty-eight yeares, therehas neverbeen one