Page:Federal Reporter, 1st Series, Volume 2.djvu/925

 918 FBDERAIi REPORTER. �are. The Fynewood, Swabey, 374, I see nothing in the cases of The ZoUverein, Swabey, 96; The Saxonia, 1 Lushington, 410; The Dumfries, Swabey, 63 ; or TJie Chancellor, 4 Law Times Eep. 627, to the contrary of this, The aets complained of in The ZoUverein, The Dumfries and The Chancellor were ail on the high seas, off from pilot ground, and tha authority of The Fynewood, subjecting a foreign vessel to liability for the non-observance of local usages in territorial waters, is clearly recognized in The Saxonia, (p. 421,) where the Eclipse was condemned, not because she did not carry the regulation lights, but because she showed no light at ail until it was too late to prevent the collision. As was said by the master of the rolls in the case of The Saxonia, (p. 422,) "no blame can attach to a vessel for running foui of another vessel if it lias been impossible to distinguish it until the collision was inev- itable." In the condition the schooner in this case was, witb the edge of her sails towards the steamer and her small hull low in the water, at the darkest hour in the night, it is clear beyond question that she could not be seen from the steamer unless something was done to make her presence known. If as against a foreign vessel she was not boundto show a torch- light, she certainly was not at liberty to abstain from doing anything calculated to give notice of her position, and of the danger the steamer was approaehing. Had she shown her torch-light in time it wouldhave beenenough, but as she neg- lected that, and did nothing else calculated to effect the same object, she was clearly at fault under the general rules of the sea, as well as the statutory rules. This bringa her within the rule under which the Eclipse was condemned as against the Saxonia, and is enough for the purpose of this case. �It is next contended that the Sarmatian was at fault for going too fast. She was proceeding at her usual speed in an open sea. While the night was dark, it waa clear, and lights, when displayed, could easily be seen. She had a full watch on deck, attending to ail their duties. She was not bound to slacken her speed until there was apparent danger, {The Scotia, 14 Wall. 181,) and she had the right to act on the belief that every vessel she approached would give siich no- ����