The morning call., 1893-11-26
WHAT is A HIGH SEA?

The Supreme Court If the United States
has added An important section to the un-
written code Of International law. A ma
jOrity of the court in the case of Michigan
VS.. Rodgers has decided that the Great
Lakes are high seas and that the body OF
maritime law which is applicable to high
seas applies also to them.
The case was rather curious, and the de-
cision of the court on the direct issue in
volved Will probably challenge criticism
among lawyers. In February. 1885, one
Robert S. Rodgers assaulted one James
Downs on an American vessel lying in the
Detroit River near the Canadian shore.
He was arrested and held for trial before
the United States District Court. His
counsei pleaded that the offense, if any,
was committed within the territorial
waters of Canada, and was not cogniZable
by any American court. On this point the
United States District Judge and the
United States Circuit Judge, who both sat
In the case, differed in opinion. and the
case was certified to the Supreme Court,
the point to be decided being:
Whether the courts OF the United States have
jurisdiction under section 5346 to try person
Tor az assault with dangerous weapon CON-
mltted on vessel belonging TO a citiZ n OF The
United States when such vessel is in the De-
troit River out of the jurisdiction of any par
tcular State and within the territorial limits Of
the Dominion of Canada.
The negative opinion rests upon the OBJ
vious proposition that the lakes up to a
certain distance from their shores appear
to be within the local jurisdiction of the
States bordering upon them. And if this
is the case as 10 the lakes themselves, it
seems straining the meaning of words to
apply the term thigh seas" to a river
twenty-five miles in length and less than
mile in width. connecting one lake with
! another.
Still, Justice Field. delivering the judg-
ment OF the court, expressed the contrary
| opinion in the following words:
We do not accept the doctrine that because
by that treaty between the United States and
Great Britain the boundary line between the
TWO countries Is run through the center of the
lakes their character as seas is changed or that
the jurisdiction OF the United States TO regulate
vessels belonging 10 their citizens navigating
those waters, and to punish offenses committed
upon such vessels. Is in any respect impaired
The limitation to the jurisdiction by the Qualifi-
cation that the offenses punishable are commit
ted on vessels on any arm OF IN sea, or In any
river. creek. haven basin or bay without the iur-
lsdicton of any particular State, dos not apply
TO any vessel on the "hlgh seas or lakes, but only
TO vessels in the waters designated as connect
ing with them. AS far as vessels on these seas
are concerned there is no limitation named to
the authority of The United States. II is true
tnat lakes. properly sO-caled-that is, bodies of
water whose dimensions are capable OF meas
utement by the unaded vsiOn-wIthIn the
limits OF State are parts of its territory and
subJeci 10 IFS jurisdiction, but bodies of water
of an extent witch cannot be measured by the
unaided vision. and which are navigable at all
times and in all directions aud border on differ
ent nations or States, or peoples and find their
outlet to the ocean, as in the present case,
are seas in fact, however they may be desig-
mated. And seas in fact do not cease to be such
and become lakes because by local custom they
may be so called.
These views may be sound; they are
certainly new. In the first part of his de-
cision Judge Field justIfes it on the ground
that II the United States have no jurisdic-
tion over the lakes. it may be questionable
whether any court has jurisdiction. Within
a mile of the towns of Cleveland or Toledo
the State of Ohio might claim Jurisdiction.
But twenty miles further out 1t certainly
could not. Nor could Canada claim the
right to try man who committed a mur-
der on an American vessel in the middle
of Lake Ontario. In such case jurisdc-
tlon should vest In the United States
courts. AS to rivers. creeks and bays
whose waters flow into the lakes and
thence into the ocean, the prevailing opin-
ion has been that they are territorial
waters and that the courts of the adjacent
territory have jurisdiction. Now 1t appears
that these rivers and creeks form part Of
the open seas generally known as lakes,
and that the jurisdiction of the United
States courts extends over them like wise.