Page:History of merchant shipping and ancient commerce (Volume 3).djvu/606

 the laws of the United States on Shipowners in cases of collision, I have the honour to enclose copy of an opinion of Mr. Carlisle, the legal adviser of this Legation.

Your Lordships will gather from it that the principle of limited liability has been adopted by the laws of the United States, and is applied in the Federal courts. But the injured party may apply to a State court if the defendant is within its jurisdiction, and bring an action on the case, and it is doubtful whether such a court would limit the measure of damages by the principles contained in the Act of Congress.

I have, &c., (Signed).

To Lord , &c. &c.

(Copy.)

Washington, 22nd January, 1867.

,

I have the honour to return herewith the papers in relation to the question of the liability of Shipowners in cases of collision.

The only Act of Congress touching the subject is that of March 3rd, 1851, which in its third section limits the liability in such cases. A copy of this section is enclosed herewith. This language is explicit and comprehensive, making no distinction on account of the nationality of the ship; nor have I been able to find that such a distinction has been suggested in any adjudicated case under this statute.

For my own part I entertain no doubt that the limitation of liability which it prescribes would be held in all ''courts of the United States'' as applying equally to foreign as to American ships.

The Courts of Admiralty are, by the constitution of the United States, exclusively of the Federal Government. If therefore the remedy in cases of collision were exclusively in Admiralty Courts, the Act of 1851 would completely cover the question.

But there is a remedy at common law, which is open to the injured party at his election. He may maintain his action on the case, which is a transitory action, wherever he can find the owner of the offending vessel, in the same manner and to be determined by the same principles as if the plaintiff's coach or his person had been injured by a collision occasioned by the unskilful driving of the defendant's coach.