9 (1815); The Sarah, 8 Wheat. 391 (1823);
Maul _v._ United States, 274 U.S. 501 (1927).

[358] Section 9 of the original Judiciary Act, since carried over in 28
U.S.C.A. Sec. 1333, saves to suitors such a common law remedy.

[359] For example, the Court stated in The "Moses Taylor" _v._ Hammons,
4 Wall. 411, 431 (1867), that a proceeding _in rem_ as used in the
admiralty courts, is not a remedy afforded by the common law and that a
proceeding _in rem_ is essentially a proceeding possible only in
admiralty.

[360] 318 U.S. 133 (1943). In the course of his opinion for the Court
which contains a lengthy historical account of Admiralty jurisdiction in
this country, Chief Justice Stone cited Smith _v._ Maryland, 18 How. 71
(1855), where the Court without discussion sustained the seizure and
forfeiture of a vessel in a judgment _in rem_ of a State court for
violation of a Maryland fishing law within the navigable waters of the
State.

[361] Judiciary Act of 1789, 1 Stat. 73, Sec. 9; La Vengeance, 3 Dall. 297
(1796); United States _v._ The Schooner Sally, 2 Cr. 406 (1805); United
States _v._ Schooner Betsey and Charlotte, 4 Cr. 443 (1808); Whelan _v._
United States, 7 Cr. 112 (1812); The Samuel, 1 Wheat. 9 (1816).

[362] Hendry _v._ Moore, 318 U.S. 133, 141 (1943).

[363] Charles Warren, The Supreme Court in United States History, II,
93-95 (Boston, 1922).

[364] 10 Wheat. 428 (1825).

[365] 5 How. 441 (1847). _See also_ New Jersey Steam Nav. Co. _v._
Merchants' Bank, 6 How. 344 (1848). Aside from rejecting English rules,
Waring _v._ Clarke did not affect the rule concerning the ebb and flow
of the tide, inasmuch as the collision occurred within the ebb and flow
of the tide, though within the body of a county. Citing Peyroux _v._
Howard, 7 Pet. 324 (1833); The "Orleans" _v._ Phoebus, 11 Pet. 175
(1837); The "Thomas Jefferson," 10 Wheat. 328 (1825); United States _v._
Coombs, 12 Pet. 72 (1838).

[366] 12 How. 443 (1852).

[367] Soon afterwards in Jackson _v._ Steamboat Magnolia, 20 How. 296
(1858), the Court rejected what was left of narrow doctrines of the
extent of admiralty jurisdiction by holding that a collision on the
Alabama river above tidal flow and wholly within the State of Alabama
came within the grant of admiralty jurisdiction in the Judiciary Act of
1789 which extended it "to rivers navigable from the sea * * * as well
as upon the high seas."

[368] _See_ Warren, II, 512-513.

[369] 109 U.S. 629 (1