6. By the general maritime law, vessels upon the high seas are not ordinarily re quired constantly to exhibit a light, 2 W. Rob. Adm. 4 ; 3 id. 49 ; 2 Wall. Jr. C. C. 268; but by statute law in England, the United States, Canada, and most of the continental maritime states, steam and sailing vessels were heretofore required in the night-time, and under the circumstances and in the situation pointed out, to carry lights. See 5 U. S. Stat. at Large, 306, 10 ; 9 id. 382, 4 ; 10 id. 72, 29, and the regulations of the supervieing inspectors under the latter act ; the English Merchant Shipping Act of 1854, 17 & 18 Viet. c. 104, '295 ; and the regula tions made under the same, which will be found in Pratt on Sea Lights, and Appendix; the statutes of Canada, and also the ordi nances or regulations of France, Russia, Prussia, Holland, 1Norway, 'Denmark, Swe den, and Mecklenburg-Schwerin, in regard to lights and the rules of navigation, given in the Appendix to Pratt on Sea Lights.
7. The general rules aboNe given may be, and have been, abrogated by regulations made by various governments, and -which are bind ing upon all vessels within the jurisdiction of that government, The Aurora before V. C. Adm. Judge Black, at Quebec, Oct. 1860; Story, Conti. Laws, ch. 14 ; 1 Swab. .Adm. 38, 63, 96 ; 1 How. 28 ; 19 Bost. Law Rep. 220 ; 14 Pet. 99 ; but it is beyond the power of the legislature to make rules applicable to foreign vessels when beyond their jurisdic tion ; that is, more than a marine league from their shores. 1 Swab. Adm. 96. And see 18 How. 223 ; 21 id. 184. It hiss, accord ingly, been held that the new English rule is not applicable in a case of collision on the high seas between a British and a foreign vessel, and that the latter could not set up in its defence a violation of the English sta tute by the British vessel, 1 Swab. Adm. 63, 96 ; and it was declared that in such a case the general maritime law must be the rule of the court.
S. The rules of navigation under the gene ral maritime law, particular statutes, and also the rules of the maritime law, and of prior enactments, in regard to vessels carry ing lights, have, in most commercial coun tries, been entirely superseded by general rules of navigation, and geneial regulations in respect to vessels' lights, which were agreed upon by the governments of Great Britain and France in 1863 (1 Lush. Adm. Appendix lxxii.), and which have since teen adopted by most of the commercial countries of Europe, and by Brazil and most of the South American republics, as well as by the United States and Canada. Id. lxxvii. and
lxxviii. ; 13 U. S. Stat. at Large, 58 ; Acts of Canadian Parl. 1864. These rules and regu lations will be found in the act of congress above referred to, and which took effect Sep tember I, 1864.
9. This act is in the following words : Be it enacted, by the senate and house of repre sentatives of the United States of America in con , gross assembled, That from and after Septembei I one, eighteen hundred and sixty-four, the following rules and regulations for preventing collisions on the water be adopted in the navy and the mercan tile marine of the United States :..Provided, That the exhibition of any light on boaid of a vessel of war of the United States may be suspended when ever, in the opinion of the secretary of the navy, the commander-in-chief of a squadron, or the com mander of a vessel acting singly, the special cha racter of the service may require it.
,Artiele I. In the following rules, every steam ship which is under sail and not under steam is to be considered a sailing-ship ; and every steamship which is under steam, whether under sail or not, is to be considered a ship Under steam.
Art. II. The lights mentioned in the following artioles, and no others, shall be carried in all wea thers betvieen sunset and sunrise.
Art. III. All steam-vessels, when under way, shall carry,— (a.) At the foremast head a bright white light, so fixed as to show a unifuilin and unl3ruken light over an are of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the ship, viz.: from right ahead to two points abaft the beam on either aide, and of such a character as to he visible on a dark night, with a clear atmosphere, at a distance of at least five miles.
(b.) On the starboard side a green light, so con structed as to throw a uniform and unbroken light over an aro of the hurizon of ten points of the com pass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboa.rd side, and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least twn miles.
(c.) On the port side a red light, so constructed as to shuw a uniform unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port aide, and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles.