Page:Federal Reporter, 1st Series, Volume 5.djvu/627

 IN RE LONG ISLAND, ETC., TRAKSPOBTATION CO. 615 �nations in making the same general law the basis an^ groundwork of their respective maritime Systems, the great mass of maritinie law which is thus received by these nations in common cornes to be the common maritime law of the world. * * » The question as to the true limits of mari- time law and admirai ty jurisdiction is, undoubtedly, as Chief Justice Taney intimates, exclusively a judicial question, and no state law or act of congress can make it broader or (it may be added) narrower than the judicial power may deter- mine those limits to be. But what the law is within those limits, assuming the general maritime law to be the basis of the System, depends on what bas been received as law in the maritime usages of this country, and on such legislation as may bave been competent to affect it. To ascertain, there- fore, what the maritime law of this country is, it is not enough to read the French, German, Italian, and other foreign Works on the subject, or the codes which they bave framed; but we must bave regard to our own legal history, constitu- tion, legislation, usages, and adjudications as well. The de- cisions of this court illustrative of these sources, and giving construction to the laws and constitution, are especially to be considered; and when these fail us we must resort to the principles by which they have been goverued. But we must always remember that the court cannot make the law : it can only declare it. If within its proper scope any change is desired in its rules other than those of procedure, it must be made by the legislative department. It cannot be supposed that the framers of the constitution contemplated that the law should forever remain unalterable." �The court then refers to the power of congress to regulate commerce, and its authority under that power, if no other, to introduce such changes as are likely to be needed, and refers to the laws for the registry of vessels, recording bills of sale and mortgages of vessels, the rights and duties of seamen, the limitation of the responsibilities of ship-owners, and "many other things of a character truly maritime," as illustrations of legislation within the power to regulate commerce, modify- ing the maritime law of the United States. It is in the same ����