“ To give a broad meaning to the expression 'waters of the United States,' as employed in article 38, by construing those words as referring, not only to the home waters, but to far distant waters, would, we think, defeat the plain purposes of Congress, and seriously impair, if not destroy, an important power vested in the commander of a fleet or squadron when at distant stations, remote from the home country. ”

“ Atty. Gen. 472. The reasoning by which the Attorney General reached the conclusion just stated we think was absolutely conclusive. Doubtless the opinion became the rule of practice in the Navy, and the construction affixed by the Attorney General to the statute was sanctioned by this court in Johnson v. ”