as most maritime countries adopted the principle of limiting the Shipowners' liability much earlier, and to a greater extent than Great Britain.
The consequence was, that if a collision happened between two British ships, the British law of liability applied, and whichever might be in fault, the liability was limited. On the other hand, if a collision happened between a British and a foreign ship on the high seas, or between two foreign ships on the high seas, and the case came into our courts, then whichever was in fault, the liability was unlimited.
This law was unequal, but in no way specially injurious to the foreigner. The British ship, if in fault, was equally liable with the foreigner; and as the British ship is generally to be found at home, and as the British shipowner resides here, the British shipowner being thus more likely to be the defendant, was likely the more often to suffer.
The law was consequently altered by making the limitation of liability apply in all cases coming into our courts, whether the ships were both British or both foreign, or one British and one foreign.
And as the change was simply an improvement of our own law, and conferred no especial advantage upon foreigners, it was not thought necessary or desirable to delay it for the purpose of obtaining similar changes when desirable in the laws of foreign nations.
I am, Sir, your most obedient humble servant,
James Murray.
To W. S. Lindsay, Esq.
Manor House, Shepperton, Middlesex,
28th November, 1866.
My Lord,
I received in due course your Lordship's letter of the 14th inst., which does not, however, appear to me to touch the main point of my previous communication, viz., the unlimited liability to which our Shipowners would still be subjected in cases of collision arising in various foreign courts. For instance, if one of our Transatlantic steam ships engaged in the conveyance of our mails came into collision—a very possible event—with one of the numerous steam vessels owned in the United States, freighted with passengers, cargo, and specie, of great value, the consequences, under the existing law of that country, might
