Page:Federal Reporter, 1st Series, Volume 5.djvu/617

 IK BE LONG ISLAND, ETC., TEAN8P0BTATI0N 00. 605 �referred to. The contention of the claimants -who appear to object to the jurisdiction is that this act is merely a regula- tion of commerce, so intended by congress, and to be so con- strued, and therefore inapplicable to vessels engaged exclu- sively in the commerce of a state, though carried on upon the navigable waters of the United States; and that, if not so intended, but if the act must be construed as applying to such vessels, that it is unconstitutional in respect to such vessels for want of authority in congress to pass it. The question of the constitutional power of congress to pass the act as applied to such vessels is obviously the first question to be considered, because this assumed want of power is urged as one of the strongest reasons bearing on the further question of the proper construction to be given to the statute. The contention on the part of the petitioner is that, while in its application to vessels of the United States engaged in foreign and Inter- state commerce the act may be justified by and based upon the power granted to congress to regulate commerce among the states and with foreign countries, yet the act was the adoption by congress of a principle of the general maritime law not before expressly recognized or adopted as part of the maritime law of the United States, but which it was competent for congress to adopt and make a part of the maritime law of the United States ; that thereupon it became operative over ail the navigable waters oi the United States, and applicable to ail vessels of the Uniied States, or of any of the states engaged in navigating such waters or the high seas, except so far as such waters or particular classes of such vessels are expressly excepted from its operation. The exception in the act is that it shall not apply to' "the owners of any canal-boat, barge, or lighter, or to any vessel of any description whatsoever used in rivers or inland, navi- gation." The effect of this exception will be more properly considered hereafter in discussing the construction of the act. Article 3, § 2, of the constitution declares that the judicial power shall extend to "ail cases of admiralty and maritime jurisdiction." Two of the principal classes of "cases of admi- ralty and maritime jurisdiction," everywhere recognized and ����