New-York tribune., 1881-03-23
YEW.YoRK LAWS UPoY THE HICH SEAS.

NEW YORK LAWS JPON THE HIGH SEAS.
A recently reported decision of the SUI
preme Court at Washington gives an exlen-
sion to the operation of the laws OF State
over vessels owned by her citizens, but sail
ing on the Nigh seas, which will become IN
teresting and important i'll many respects.
Foreigners have always been perPeHed to un-
derstaRd what Is not cle1r in the minds oil
many AmericaDs-thc relative authority and
the harmony. of the State and National laws.
The inquiries incident 10 thi5 subject are now
extended to affairs on board ship. The par
ticnar case arose under tho New York Pnot
laws, which, as all readers know, authorize a
pilot TO board an incoming ocean vessel ana
tender his services and TO recover certain
compensation even though his services are de-
clincd, and the shipmaster brings bis ship in
himself. Several other States with ocean bar-
bors have similar laws The general under
standing in the subordinate courts has been
that laws of this kind "havo no extra-terrtonal
operationn; and that they can only be deemed
obligatory within certain limited distance from
tbe shore. such as may be deemed within
the jurisdiction of the State. There have been
several discussions as to what this distance
ought to be, bat 10 definite rule has been es-
tablished The decision of the Supreme Court
is that any discussion rs TO limits OF distance
is unimportant that State law OF this kind
travels with the vessel and operates wherever
a pilot from the State meets her. even though
if should be--as in this instance it was-iitty
miles out mt sea. A vessel at sea Is considered
rs a part of the territory to which she be-
longs when at home. She carries with her
the rights and jurisdiction of her locality. On
the high seas New York pilot has the same
right to demand employment from New
York vessel, and the same legal consequences
follow a refusal, as if pilOt-boat and vessel
were within the harbOr The jurisdiction oil a
local sovereign over a vessel and those be-
longing to her is, according to the law OF ma
tions, the same in the home port ana upon
the high seas. Under our Constitution the
like Jurisdiction Of a State is simply subject
to the commercial laws of Congress and the
laws declaring crimes upon the high seas.
The decision goes far to decide re-
cent controversy of much greater interest
TO The general public than are pilotage ques-
tons: viz, the right to recover damages
where a passenger on board ship, at sea- Is
burt or killed by negligence or fault OF the
master or mariners. Until the Legislatures
interrered. the courts used to hold that II
nosssnger injured by negligence of the car
rier,s servant died of his injuries, there was
NO redress to be had for his family; for the
mans lawsuit, so the courts considered dleu
when he did. This view was not satisfactory
to the travelling public, and in modern times
Parliament passed law-cOmmonly called,
from its authorship, Lord CampbelPs Act
savine alive an injured persons right of action
| notwithstanding his death, for the benefit OF
bis widow, children. etc. Many of our States
| have uassed similar laws. But it has always
been understood that any rights Of this de-
scription were dependent on some express
statute. and could not be carried any further
than the statute expressly authorized. For
| example: California has one of these laws.
| A Mr.. and Mrs. Armstrong took passage upon
the steamer Eastport owned in California. for
San Francisco On the voyage the vessel
struck a rock. and the crew and passengers
took to the boats. These were so carelessly
managed that the lady was drowned. The
husband then brought suit for damages in the
United States Circuit Court, but invoking the
| California law But the Judge said that that law
could not operate out of California ; il it could
| then other States and countries could pass
Laws on the same subject likewise operating
everywhere, and there would soon be conflict
anu confusion without remedy. The idea seems
not to have occurred to him that the Law
might be considered as operating on board
| California vessel. where no other law coule