The Daily Times.
Liverpool, Merseyside, England, 1860-02-20 00:00:00

THE LAW OF COLLISIONS AT SEA.

A valuable paper on this important subject, by Mr.
J. T. Danson, Vice-President of the Liverpool Chamber
of Commerce, has been reprinted from the " Transac-
tions of the National Association for the Promotion of
Social Science,"—having been read before the late
annual meeting of the Association at Bradford. " The
risk of collision with other vessels," it is. observed, "is
now one of the most serious to which vessels at sea arc
liable; and the increasing number of powerful steamers,
running direct courses, and not always slackening speed
at night, or in foggy weather, is annually increasing its
importance. Where no blame can be imputed to either
of the parties concerned, this risk has hitherto been re-
garded as one of the ordinary dangers of the seas ; and,
as such, it may be fully insured against. But where
either vessel is in fault, the risk assumes a new aspect."
It is to this class of cases alone that Mr. Danson's paper
has reference.

The state of the law, upon this subject as it now is,,
in the principal maritime countries of the world, is
the
first
ly,
considered generally ; and then, more particular
law as it. now exists in the United Kingdom,
which, the
that of France, and some other countries, limits the
liability of the shipowner, in a case of collision, to the
value of the vessel in fault as it was immediately Wore
it occurred,—that of the other countries limiting it to
the value after the collision has taken place: thus show-
ing our own law to be much preferable to theirs. And
not only so, but the practical effect' of it is, that "the
law of limited liability, whatever its merits, is, as to
foreigners, wholly inoperative, even when the locality of
the collision happens to bring it within the jurisdiction
of our own courts." There is here a manifest and
grievous defect in the law, which Mr. Danson thus
clearly sets forth:—

" The avowed purpose of our own law being to limit
the liability of the shipowner, and similar laws, with
similar objects, existing in all maritime countries, it is
manifest that the recognised policy of the whole mari-
time world is, in this matter, substantially the same. It
is true that there are in use two modes of effecting the
limitation, as exemplified in the English and in the
French law. But the principle remains intact, and is
the same everywhere. Yet, in an international point of
view, it is ineffective ; and, in the present state of the
maritime laws of the world, must remain so. And this
is clearly traceable to the operation, in this instance, of
the rule laid down by Dr. Lushington and by Lord
Stowell, and confirmed by Vice-Chancellor Wood, that
' the power of each country is to legislate for its own
subjects all over the world, and as to foreigners within
its jurisdiction, but no further.' The defect, then, is
not one of intelligence, or of intention, but rather of
power. No nation has yet assumed, or, indeed, can,
without the assent of the other nation or nations con-
cerned, assume to itself the power to legislate for the
subjects a another nation, even though, as in this in-
stance, the result of such action would be simply to ex-
tend to the subjects of that other, the benefit of a law
already separately existing, and being enforced (so far
us it may be) in each of the countries concerned. But
the power thus wanting is at hand. It is to be obtained
by mere agreetneat. Each nation has but to confer it
on the rest."

There would seem from this, therefore, to be no great
difficulty in providing a remedy. The power being at
hand,—.-being a matter for international arrangement,---
it could easily, we would suppose, be made a subject of
negotiation, so as to settle the question for the mutual
benefit of the countries concerned. The following is
Mr. Danson's suggested remedy :—.

"That the British Government : (having
in its own
courts, made manifest the defect, and its world-wide
bearing) should propose to the Government of each of
the other maritime countries of the world to extend, in
our courts, the provisions of our Merchant Shipping
Act (as here in question) to the shipping of each of such
countries, on condition that the similar or corresponding
law in forde in each of such countries should, in like
manner, be made applicable to British shipping. The
French rule of limitation, wherever prevalent, would
undoubtedly afford less effective relief to the injured
party, and a greater degree of protection to the
owner of the, vessel in fault, than our own and the
American law . and whatever the comparative merits
of the two rules, it is manifestly desirable that some
effort should be made to assimilate them;
,but the
object in view, in any such assimilation, is so evidently
of minor importance, as compared with a general en-
forcement, within its own jurisdiction, and on behalf of
all shipowners; of the law of each country ; and the
chande of effecting any material alteration of this law
on the Continent, by any suggestion of ours, is also so
small, that I believe an attempt now to effect both
objects would result only in making both, for the
present, impracticable."

Mr. Danson acids, —" The Liverpool Chamber of
Commerce, which has done me the honour of requesting
me to aet as one of its representatives here, is of opinion
that our own law should at once be made applicable to
foreign shipping, without our requiring any reciprocal
action on the part of other Governments." But to this,
he shows, it may not unreasonably be objected, " that
the law in question, though avowedly intended to benefit
shipowners, has, in fact, in most instances, a double
operation : as, while limiting the liability of one ship-
owner, it also, most commonly, limits the rights of
another; and where the party in fault should be British,
and the one injured foreign, the proposed extension of
our law might be made the basis of a complaint, not in
itself without justice.
as, pdrefers, therefore, as a
remedy, what 'he hsuggeeste
inclined to think he is right.above,='—andwe are
The whole paper is well worth an attentive perusal.
It is highly creditable to the intelligence and the ability
of its writer.