Federal admiralty jurisdiction being distinct from the commerce power, and navigability accepted as the criterion warranting the exercise of federal authority, it might appear that there would be no constitutional difficulty in the way of a provision by Congress, that the navigable waters within the United States include those located entirely within a State and not constituting links in a continued highway over which commerce is or may be carried on with other States or foreign countries. In fact, however, there is no need for such an extension of federal authority, and, therefore, the reasoning employed in The Genesee Chief case to justify the departure from the English rule would not apply.

5 20 Wall. 430; 22 L. ed. 391.

6 The Belfast (7 Wall. 624; 19 L. ed. 266), overruling previous cases as to this. For an argument that the federal admiralty jurisdiction should not be construed to extend to contracts for the repairs of vessels engaged wholly in commerce wihin a State, see the dissenting opinion of Brewer in Perry v. Haines, 191 U. S. 17; 24 Sup. Ct. Rep. 8; 48 L. ed. 73.