New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-11-21
"HTGH SEAS JUDICIILLf DEFINED.
THE SUPREME COURT DECIDES THAT THE
GREAT LABEs AND TIE RIVERS CON
MEETING THEM ARE HIGH SEAS.

THE SUPREME COURT DECIDES THAT THE
GREAT LAgEs AND TIE RIVERS CON
MEETING THEM ARE HIGH SEAS
was,,r,,on Nov Celebrations In the dction-
aries will have to be revised in view OF decision
OF the Supreme Court Of the United States. rem
dered to-day. In a dissenting opinion JUSTICE
Gray quoted recently published dictionary as
defining the term high seas lin law 10 De 'he
area transactions within which are subject 10
cornIzance in courts OF admiralty. formerly the
waters Of the ocean exterior TO lowwater mark but
now extending with the flow OF the tide TO high-
water mark. returning with the ebb TO low-"ater
mark The great lakes not deemed high
seas" hut according to the terms or an OPINION
read to-day by Justice Field for the court. the
great lakes are to be deemed high seas within the
courts Of this country and whatever may have
been the law heretofore. from this day forth the
definition above quoted will rot he good law
The case In which the decision was rendered
came up from the District Court for the Eastern
District OF Michigan. and has been on the docket
for several years. An interesting and probably un-
precedent,d fiGt In Connection with II was that the
Circuit Judge jackson and District Judge Brown,
whose difference Of opinion caused ceruhcauoh
Of the question at Issue to the Supreme Court OF
the United States. now members or that hign
tribunal and passed upon the question In review
IL may be observed that their former views have
not been changed. In February. 1855. Robert :
Rodgers and others were indicted in the United
States District Court for the Eastern District OF
Michigan for assaulting In August. lss1 bne James
Downs on board the steamer Alaska. a vessel be-
longing 10 the citizens OF the United States, and
not within the jurisdiction Of any particular state
OF the United States. viz. within the territorial
limits OF the Dominion Of Canada Rodgers at
tackled the jurisdiction OF the Court and to his
plea the Government filed demurrer. Upon this
demurrer. Circuit Judge Jackson ana District judge
Brown divided and certified the case to me SUI
premc Court OF the United states FOR decision
submitting the following question
Whether the courts Of the United states have
Jurisdiction under section 5.3is. to try person for
an assault with dangerous weapon. committed on
a vessel belonging to a citizen ~ the United states
the Jurisdiction OF any particular state and within
the territorial limits Of the Dominion OF canada.
Justice Field In the course OF learned ana elab-
~ he law can be applicable to offences COM
mitted vessels In any navlgabie river, haven
creek basin or bay connecting with the lakes. ont
OF the Jurisdiction OF any particular state II would
NOT be- reasonable to suppose that congress intended
that no remedy should be afforded for similar
offences committed vessels upon the lakes 10
which vessels the river In almost all Instances
are directed and upon whose waters they are
The omen unenclosed waters OF the lakes the APP
plcation OF the legislation to the case under IN
dctment cannot be questioned ior me ae,ro,, OF,
River is n water connecting such high seas ana All
that part which Is north OF the boundary line pc
tween the United States and Canada Is without the
jurisdiction any State of the Union Referring to
The use OF the high seas In the legislation by
Congress the Court holds that Congress- must have
Intended that the provision OF the act OF no shouh
extend TO vessels the Great lakes the same as to
vessels on seas. technically so called There were
M hodns of water in the United States to any
Mt" 81 which the term high seas was applicable
II not To the open unencosed waters OIL the "'eat
Lakes - ,..
the United States District Court for the Eastern
district OF Michigan had Jurisdiction to proceed
with the trial. and demurrer to It's Jurisdiction
should have been ovcrruled. Justices Gray ana
Brown read individual dissenting opinions