United States v. Hamilton

U.S. Circuit Court for the District of Massachusetts

United States v. Hamilton

26 F. Cas. 93, 1 Mason C.C. 152

U.S. Circuit Court for the District of Massachusetts·Decided October 15, 1816·Published·Cited by 2 cases

Opinion

STORY. Circuit Justice.

Upon this evidence the indictment is not maintained. The place, where the ship lay, was in no sense “the high seas." The admiralty has never held, that the ■ waters of havens, where the tide ebbs and flows, are properly the high seas, unless those waters are without low-water mark. The common law has attempted a still more narrow construction of the terms.

Verdict for the defendant.

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STORY. Circuit Justice.

Upon this evidence the indictment is not maintained. The place, where the ship lay, was in no sense “the high seas." The admiralty has never held, that the ■ waters of havens, where the tide ebbs and flows, are properly the high seas, unless those waters are without low-water mark. The common law has attempted a still more narrow construction of the terms.

Verdict for the defendant.

United States v. Hamilton, 26 F. Cas. 93, 1 Mason C.C. 152 (circtdma 1816).

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Opinion

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