The New York herald., 1875-11-08

cited above in regard the licensing or canal boats
are more easily apprehended and at the same time
more correctly understood by keeping In view the cir
custances or conditions under which such boats we're
previously required by law to be licensed
% y mas been held by the Supreme Court OF the United
1t the acts of Congress for the enrolment ana
license Of vessels ''ony require such enrolment and
~ Incense ior vessels employed upon the nav
agaDle waters Of tho United States " (See
the case OF The Montello III Wall, ALL And in
the case just referred the Court observed that If a
river lis not Of itself highway for commerce with
other States or foreign countries does not form such
highway by its connection with other waters and s
only nayigable between different places within the
state, then 10 Is not navigabe water OF the United
States, but only navigabie water Of State y and
those acts have no application
After further discussing the question Of what const
tutes naygabe Of the United States, the Attor
ney General concludes-
The boats contemplated were obviously those which
are employed navgable waters OF the United States
as well as on the canals internal waters OF state
But since their employment In interstate or foreign
commerce the naygabe waters OF the United States
was that alone which rendered them subject TO the
rolment and license laws this employment, IL is con-
ceWeu was alone meant 0y Congress 10 DO essehua 70
Drlng them within the act as II must nave oeeh
matter Of indifference to that body whether
canal or other boat engaged in such
navigation was or was not also employed
on canal OF any State, waters thereof which
are not navigabe waters Of the United States. IN
cline therefore, to the view that a boat answering to
the description of canal boat falling under either
Of the exceptions contained in the second clause OF the
act, and which is employed on navgabc waters or the
the trade in which II engaged 1t may never enter
canal OF any State, where its voyages partly on
such navigable waters and partly a State canal
Furthermore II seems TO me that there is no restric
ton to the locality or these waters-that is to say,
whether they lie within the interior Of State
terror thereto. This is apparent from the exceptions
introduced in the second clause of the act which
cepts from its benefits such boats provided with
"sails propelling machinery OF their
adapted to lake coastwise navigation y and such
boats as are employed in trade with the Canadas "
The reference TO lake and coastwise navga-
ton in the case, and the particular trade men
toned In the other show think, that the rule as
to exemption from enrolment and license, provided by
the act, not intended TO be limited its operation
to waters within the interior of each State but
under the denomination of navgable waters Of the
United States, irrespective Of their geographical
location.
Accordingly, to the question submitted to me- which
is stated in the beginning OF this communication, give
O negative answer. have the honor to be- very
respectfully
EDWARDS PIERREPoNT Attorney General
Hon. B. II. RRIsrow, Secretary of the Treasury
FAST MAILS BETWEEN WASHINGTON AND NEW
YORK.
The Post Office Department has just concluded ar
rapgements for the arrival of New York mails in this
city in time for their distribution by O'Clock in the
afternoon. They received about three O'Clock,
and therefore communications letters do not reach
the departments until after business hours The
arrangement will GO into effect between the Goth and
2hth inst