Taylor

Murray, C. J., and Bryan, J., concurred.

In the case of Averill v. The Steamer Hartford, 2 Cal., 308 , we *273 decided that the Act “ providing for actions against steamers, vessels and boats, confers upon the District Courts Admiralty jurisdiction pro tanto, and the proceedings in such actions must be governed by the principles and forms of Admiralty Courts, except when otherwise controlled or directed by the Act.”

It is argued by the appellant that this Act is unconstitutional, because the second section of the third article of the Constitution of the United States declares: “ The judicial power shall extend to all cases of Admiralty and Maritime jurisdiction ”

In the case of Gordon v. Johnson, 4 Cal., 368 , we had occasion to examine and settle the proper rule of construction, as to the judicial powers relatively of the Federal and State Governments. Taking as our point of departure, the universally conceded principle, that the States are original sovereigns, with all powers of sovereignty not expressly delegated by the Federal Compact, we adopted as the test between the delegated and reserved powers, the rule laid down by the earliest and ablest commentators on the…