Page:Federal Reporter, 1st Series, Volume 9.djvu/179

164 FEDERAL REPORTER. �must have been absent from his ship two nights — one to leave them, the other to obtain them — and such a requirement, in the opinion of the court, is so unreasonable that it ought net to meet with its sanc- tion and approval. To use the words of Woodbury, J., in Harrison v. Vose, before cited, p. 383 : �" The requirement would be oppressive in the extreme. It would embar- rass and clog, rather than aid commerce, which last is peculiarly the design and policy of legislation by the general government on this vital subject." �The interest of commerce and navigation will be greatly promoted by so construing the acts of congress as to encourage a master in remaining on board his ship whenever situated as the Charter Oak was, and he should never be compelled to be absent from her for any considerable time in search of a consulate, at some port other than that at which his ship has arrived, snbjecting his owners to unneces- sary expense, and the yessel and cargo, upon su dden peril and emer- gency, to serions consequences which might resuit from his absence. If any great benefit is supposed to arise from the ship's papers being in the hands of the consul, consular agencies can be established at every port which our ships may visit, as the president is authorized to appoint so many of these officers as he shall deem expedient. Adopting this course, a consulate could be reached by the master without delay or expense. The provisions of law could then be com- plied with by him without the great peril and risk which might fre- quently attend its observance, if the defendant should be held to have violated the law in the present instance. �The defendant is adjudged to be without fault, and is entitled to judgment... ���The Clymene.* ���{Distriet Court, E. V. Pennsy'.vania. October 12, 1881.^ �1. CONSTITtTTIONAL LaW — PILOTAGE — AUTHOBITI OF STATB. �TJnder the acts of congress of August 7, 1789, ani March 2, 1837, each state has autliority over the subject of pilotage on the navigable waters within its limits, although such authority is not exclusive. �2. Samb. �Bach State may, therefore, license pilots and provide regulations for their government and employment, but it cannot exolude otliei's diily licensed else- where from employmeut on the public waters of the nation, either on the ground that those waters are within the territorial limits or on the groundthat the vessel to be piloted is bound to a port within its territory. �*Reported by Frank P. Prichard, Esq., of the Philadelphla bar. ��� �