The New York herald., 1870-06-12
UNITED STATES CIRCUIT covsT.
The ARneke Jams Trinity Estate Again.
Before Judge woodruff.


Before Judge woodruff.
Rvnaear Van Gttsen Us. The Corporation Of the
Trinity Church the Citp or Ne,o York ana Frede-
rick A. SYntth.-The complainant In this case, an
other phase OF the descendants OF Anneke Jams sus
against he Trinity estate claims 10 oe ana nea nnv es ne
complaint in institutng suit IN he eaited Ssaces M
Circuit Court for the recovery OF tnc eStae No uay
has vet been fixed for thehearing OF the suit.
Collision ut sea-Opinion ON the Laws he.
Iating 70 Sailing.
Segrs % a. u.s. Tne Steamer Scotia et. al--Judg-
ment was rendered IN this case yesterday. 1t ap.
pears that the Berkshire. sailing vessel owned by
the libelants and the Scotia came into collision at
sea- and the Berkshire was injured The collision
happened at night The District Court dismissed the
Court. Judge Woodruff decided that when the
vessels first saw each others lights they were on
ssa sHsn cGneSes Ine BERKSHIRE q windward Of fne
Scotia; that the collision was caused by
to e have s'a the WIND more ree that the BERKSHIRE
had but white light, low down-a fact Calculated
to misead the officers OF the Scota and that IN view
OF all the circumstances the officers OF the Scotia
were not to blame. He holds that the rule by which
1t is made the duty OF vessel propelled by steam 10
keep out OF the way OF sailing vessel is not so arb,
trary and nnexibe az 10 make the former unaer all
circumstances an insurer OF the latter. ana that the
Berkshire having neglected TO carry The nights pre-,
In believing her white light the white masthead light
or steamer just appearing over the horizon,
heightened opinion Judge Woodruff says:-I
prefer TO state another view OF tbc suDject
mo. ,S IN narohy my, w and cnnorae 10 are Wr
Thy estimate OF what is due TO ourselves as nation
interpreting its own laws, ana no less Just IN lts
operation upon our own citizens who, IL may be
conceded, are the immediate objects OF legislative
care and providence While 1t is true that our nav
cation laws are In strict technical sense municipal
because we have no power TO egislate for other ma
mons, nor to enforce our laws beyond our own luris
~
Kind. The safety OF human life and property on
the highway of nature is OF international concern.
II the government OF this people have adopted
rule to promote sucn safety, it is because it is wise
and best TO that end and so our courts must declare
OF right reason. whether can enforce 1t upon the
people Of other nations or not. 1t being wise and
best we can and do send out our navy and our meI-
because it tends to secure the worthy purposes for
which it is enacted. True we can subject no others
TO Its pressure as law to them, bpt It Is narrow
and technical view to say that 1t is Ike the ordinary
subjects OF litigation, which are plainly only intended
to operate within our Immediate JURISDICTION. me
business 1t regulates is as extensive as the limits
OF the seas, and there are numerous rights
of person and property which we recognize as
governed by law, ana which Will be enforced and
protected by our courts IN whatever part OF the
world they originate OF are invaded. And sending
out our navy and marine instructed by our statute,
rules M the Of lie and property are
eminently fitted to benefit all mankind are expe
dent and advantageous guides TO our private In
TO regard them toward any but vessels 81 our 6wh
nation. 1t Is a more honorable and worthy Ian
gnage to say, If you disregard them, and loss Is
thereby caused, you shall not have standing in
our courts Perform your duty to observe our
laws, and here in our courts you VIII be
protected, whether other nations are or are
not just enough and wise enough to impose the
same duty upoa their vessels which you liable to
encounter. This view may doubtless find support
and strength in its conviction that soand judgment
and right reason demand the observance OF these
rules in the fact that nearly all maritime nations
have adopted them, but would not make that
condition Of their enforcement. The decision was
affirmed,