The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1824-03-16
NAVIGATION LAW.

We have copied from the PORTSMOUTH
JOURNAL an abstract made by the editor, Of
the recent decision of Judge STORY on some
interesting points of navigation law, at the
late term of the Circuit Court Of the United
States for this district at Wiscasset in Octo-
Der. We have not had an opportunity Of see
ing the second volume Of Mr.MAsoN's Reports,
10 which the decision referred to is contained;
and are therefore only able to present the
points exhibited in the abstract, which are
very clearly, and we believe very correctly
stated and which were amply established
and eloquently illustrated BY Judge SroRF in
the opinion delivered BY him on that occasion.
This opinion, Of which short extract i Civ
en-, was distinguished by the original Justice
Of its principles, and the juridical soundness of
its deductions as well as BY the enlarged
spirit of benevolence and humanity which III
breathed, and the salutary discretion of its
construction upon the Act of Congress in re-
Iation to the subjeCt.-From cursory view
Of the phraseology of the provision it would al
most seem that Congress was not precisely
aware of the pre-existing regulation Of the ma.
rine law, which has long prevailed among the
nations of ChristendOm, imposing upon ship
OicnerS the expenses Of curing Sednlen fqlliHg
sick IN their employment. Or what is not less
probable, it might not have been origi-
nally adverted to, that the universal principles
Of the marine law in their general extent and
force, became applicable al once 70 the mari
time Jurisprudence Of the United States II i
not surprising that the act Of Congress should
therefore be supposed to contain the only rule
that existed on the subject; and hence no
doubt the cause of the irreguarity alluded TO
by Judge Story, as taking place in practice :
and which was departure unquestiOnably
from the true intention Of the legislature ex-
pounded by ITS genuine Notwithstanding
It not TepecI Of the ordinance, but only dur-
ihdTy to the operation, of the marine law
Judge PETERS of Pennsylvania very early led
the way to liberal Interpretation Of the pro-
vision for the benefit Of mariners and the
law on the subject may now be considered AZ
very couclusively settled by the opinion of
Judge STORY. And when the regulation or
me navigation law Of the United States, rela-
tive TO this important branch Of its merchant
service, becomes generally understood and
thoroughly observed IN the true spirit III il
intention, we have no doubt il will be found
70 promote the interest Of navigation, and the
prosperity Of commerce, as well as prove the
means Of preventing many abuses and practi-
ces OF an improper nature both at home and
abroad We have reason 10 believe that the
evil complained Of by the Judge in his opinion.
as applying TO this part Of the country. was
quite as limited as the evidence before him
lett any room to suppose and that it has
since been IN very considerable degree cor
rected and the practice is becoming gene
rally and gradually confouned to the decis
ION. A most respectable and experienced
master Of a vessel, which lately sailed from
tAis port, carried medicine chest which cost
nearly $50. This is policy ~ judicious AZ "
rs liberal. Respecting this point. the law
of France was and probably il still very strict.
even going 50 far a. to require surgeons iii
most cases on board merchant ships an5
providing the utmost precautions for the com
pleteness and security Of the medicine chest.
ne details Of that system are very exact and
minute. Judge STORY has adopted the shirt
Of some OF them, BY signifying that ne shall
not be satisfied with the mere testimony of the
apothecary, bat shall require the sanction nj
respectable and scientific physicians 70 tbe
competency ofthe medicine chest. The hook
Of directions to accompany il is also reou;rsd
% ne prepared with great care.
We have been led into this length az state.
De1t N relation TO this decision from the IN
terest attached 70 Il in the delivery. ana IN
Importance 70 20 large and extensive 4 mari
uule district a. that 10 BhicA we belong. N.
ven a to The whole commercial community.