CH. XXXVIII.]
JUDICIARY—JURISDICTION.
535
jurisdiction of the courts of common law, and admiralty, in places between high and low water mark; the former having jurisdiction when, and as far as the tide is out, and the latter when, and as far as the tide is in,
usque ad filiim aquæ, or to high water mark.
[1] This criminal jurisdiction of the admiralty is therefore exclusively vested in the national government; and may be exercised over such crimes and offences, as congress may, from time to time, delegate to the cognizance of the national courts.
[2] The propriety of vesting this criminal jurisdiction in the national government depends upon the same reasoning, and is established by the same general considerations, as have been already suggested in regard to civil cases. It is essentially connected with the due regulation, and protection of our commerce and navigation on the high seas, and with our rights and duties in regard to foreign nations, and their subjects, in the exercise of common sovereignty on the ocean. The states, as such, are not known in our intercourse with foreign nations, and not recognized as common sovereigns on the ocean. And if they were permitted to exercise criminal or civil jurisdiction thereon, there would be endless embarrassments, arising from the
- ↑ Constable's Case, 5 Co. R. 106; 2 Instit. 51; 1 Black. Comm. 110; Hale in Harg. Law Tracts, pt. 1, ch. 3; id. ch. 4, p. 10, 12, pt. 2, ch. 7, p. 88; 2 Hale, P. C. p. 13, &c.; 64 Com. Dig. Navigation, A. & B.; id. Admiralty, E. J.; United States v. Grush, 5 Mason's R. 290; 1 Kent's Comm. Lect. 17, p. 337 to 342, [2d edition, p. 360 to 365;] United States v. Bevans, 3 Wheat. R. 336; Id. 357; Mr. Wheaton's notes, 357, 361, 365, 366, 368, 369; Beeve's Case, 2 Leach. Cir. Cas. 1093, (4th edition;) Ryan & Russ. Cas. 243; 4 Tucker's Black. Comm. App. 7.
- ↑ United States v. Bevans, 3 Wheat. R. 356, 386 to 389; 4 Elliot's Deb. 290, 291; 1 Kent's Comm. Lect. 16, p. 319, 320, (2d edition, p. 339, 340;) Lect. 17, p. 337, (2d edition, p, 360.)
