I have, &c.,
(Signed) F. W. A. Bruce.
To Lord Stanley,
&c. &c.
(Copy.)
Washington, 22nd January, 1867.
Sir,
I have the honour to return herewith the papers in relation to the question of the liability of Shipowners in cases of collision.
The only Act of Congress touching the subject is that of March 3rd, 1851, which in its third section limits the liability in such cases. A copy of this section is enclosed herewith. This language is explicit and comprehensive, making no distinction on account of the nationality of the ship; nor have I been able to find that such a distinction has been suggested in any adjudicated case under this statute.
For my own part I entertain no doubt that the limitation of liability which it prescribes would be held in all courts of the United States as applying equally to foreign as to American ships.
The Courts of Admiralty are, by the constitution of the United States, exclusively of the Federal Government. If therefore the remedy in cases of collision were exclusively in Admiralty Courts, the Act of 1851 would completely cover the question.
But there is a remedy at common law, which is open to the injured party at his election. He may maintain his action on the case, which is a transitory action, wherever he can find the owner of the offending vessel, in the same manner and to be determined by the same principles as if the plaintiff’s coach or his person had been injured by a collision occasioned by the unskilful driving of the defendant’s coach.