The principle established in the preceding case extends also to
a steamboat employed as a lighter and towboat, sometimes towing
vessels beyond the outer bar of the bay, and into the gulf to the
distance of several miles.
The character of the navigation and business in which this boat
was employed cannot be distinguished from that in which the vessels
it towed or unloaded were engaged. The lightering or towing was but
the prolongation of the voyage of the vessels assisted to their
port of destination.
The case was similar to the preceding one of
Sinnot
Page 63 U. S. 245
v. Davenport, except that the steamboat
Swan
was employed as a lighter and towboat upon waters within the State
of Alabama. It was therefore insisted that she was engaged
exclusively in the domestic trade and commerce, and consequently
could be distinguished from the preceding case. Both were argued
together by the same counsel.
MR. JUSTICE NELSON delivered the opinion of the Court.
The case is in all respects like the one just decided, except it
is insisted that the steamboat was employed as a lighter and
towboat upon waters within the State of Alabama, and therefore
engaged exclusively in the domestic trade and commerce of the
state.
According to the admitted state of facts, this boat was engaged
in lightering goods from and to vessels anchored in the lower Bay
of Mobile and the wharves of the city and in towing vessels
anchored there to and from the city, and, in some instances, towing
the same beyond the outer bar of the bay and into the Gulf to the
distance of several miles. This boat was duly enrolled and licensed
to carry on the coasting trade at the time she was engaged in this
business and of the seizure under the state law.
It also appears from the answer, and which facts are admitted to
be true, that the port of Mobile is resorted to and frequented by
ships and vessels of different size in tonnage engaged in the trade
and commerce of the United States with foreign nations and among
the several states; that the vessels of small size and tonnage are
accustomed to come up to the wharves of the city, and discharge
their cargo, but that large vessels frequenting said port cannot
come up on account of the shallowness of the waters in some parts
of the bay, and are compelled to anchor at the lower bay and to
discharge and receive their cargo by lighters; and that the
steamboat of claimants was engaged in lightering goods to and from
said vessels and in towing vessels to and from the lower bay and
the wharves of the city.
Page 63 U. S. 246
It is quite apparent from the facts admitted in the case that
this steamboat was employed in aid of vessels engaged in the
foreign or coastwise trade and commerce of the United States,
either in the delivery of their cargoes or in towing the vessels
themselves to the port of Mobile. The character of the navigation
and business in which it was employed cannot be distinguished from
that in which the vessels it towed or unloaded were engaged. The
lightering or towing was but the prolongation of the voyage of the
vessels assisted to their port of destination. The case, therefore,
is not distinguishable in principle from the one above referred
to.
Judgment of the court below reversed.
