Page:Federal Reporter, 1st Series, Volume 5.djvu/831

 THE MAMIE. 81& �The act is limjted by tha intention of congress in enaoting it, whiçh was to encourage commej-çe and to enable American vessels to oompete with those o|, other maritime nations whose la^s extended a lil;e protection to ship-owners. This is again limited by the constitutional provision that the power of congress shall extend oijly to commerce between states or with f oreign CQuntries. Hence, it seems to me that, if the vessel be net engaged in what is ordinarily understood as maritime commerce, she is net ,ejititled to the benefit of the aet, though she may be an enroUed and licensed vessel, and subject to the navigation laws of the United States. It is true that in some sense navigation is commerce, y et I can readily conceive there may be a class of vessels navigating between states which are not within the act. Sail-boats oarrying pas- sengers for hire between places in different states, as between watering places upon the Atlantic eoast, as well as skiffs, canoës, and small craft, are examples of this kind. The exceptions in the act itself indicate the intention of congress to restrict its beuefita te» what is generally known as mari- tipie commerce, though it may also happen to be commerce between the states. They are : �First. "Canal-boats." These are ordmarily, though not- always, used upon artificial wft'ters, within the limita of a single state. �Second. "Barges" were defined by Webster, in his Diction- ary of 1851, the year the act was passed, (1) as "pleasure boats, or boats of state, f urnished with elegant apartments, canopies, and cushions, equipped with a band of rowers, and decked with flags and streamers, used by offiicers: or magis- trates;" and (2) "a flat-bottpmed vessel of burden for the load- ing and unloading of ships." ; In the latter sense it was undoubtedly used by congresft, and in that sense barges are synoûymous with lighters, a»d are used wholly in local navi- gation.. In later years the wûrd bas been used to designate a class df large vessels, sonjetimes oôsting from |15,Q00 to $50,000, carrying large cargdes, and depending for their motive jpower wholly or in part iipon steamers, to/which they ����