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CHAPTER ELEVEN

OFFENSES WITHIN THE ADMIRALTY AND MARITIME
AND THE TERRITORIAL JURISDICTION OF THE

UNITED STATES

SECTION
272. Places within or waters upon

which sections of this

chapter shall apply
273. Murder
274. Manslaughter
275. Punishment for murder; for

manslaughter
276. Assault with intent to com-

mit murder, rape, robbery,

etc.
277. Attempt to commit murder

or manslaughter
278. Rape
279. Having carnal knowledge of

female under sixteen

SECTION
280. Seduction of female passen-

ger on vessel
281. Payment of fine to female

seduced; evidence required;

limitation on indictment 282. Loss of life by misconduct of

officers, etc., of vessels 283. Maiming 284. Robbery 285. Arson of dwelling-house 286. Arson of other buildings, etc. 287. Larceny 288. Receiving, etc., stolen goods 289. Laws of States adopted for

punishing wrongful acts, etc.

Places and SECTION 272. The crimes and offenses defined in this waters

chapter shall be punished as herein prescribed: applicable

First. When committed upon the high seas, or on any On board other waters within the admiralty and maritime jurisdiction of American the United States and out of the jurisdiction of any particular ship on State, or when committed within the admiralty and maritime high seas, jurisdiction of the United States and out of the jurisdiction etc.

of any particular State on board any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States,

or of any State, Territory, or District thereof. On board Second. When committed upon any vessel registered, American licensed, or enrolled under the laws of the United States, and vessel on

being on a voyage upon the waters of any of the Great Lakes, Great Lakes,

namely: Lake Superior, Lake Michigan, Lake Huron, Lake

Saint Clair, Lake Erie, Lake Ontario, or any of the waters etc.

connecting any of said lakes, or upon the River Saint Lawrence where the same constitutes the International boundary Third. When committed within or on any lands reserved or On land acquired for the exclusive use of the United States, and under under exthe exclusive jurisdiction thereof, or any place purchased or clusive otherwise acquired by the United States by consent of the control of

United legislature of the State in which the same shall be, for the

States erection of a fort, magazine, arsenal, dock-yard, or other needful building.

Fourth. On any island, rock, or key, containing deposits Guano of guano, which may, at the discretion of the President, be Islands considered as appertaining to the United States.

This section is partly founded on U. S. Rev. Sts. $$ 5339 and 5570, and the Act of Sept. 4, 1890, c. 874, § 1 (26 St. 424). A part of the section is new.

Clause 1. United States v. Jackalow, 1 Black, 484, 17 L. ed. 225; United States v. Rauscher, 119 U. S. 407, 30 L. ed. 425; Manchester v. Massachusetts, 139 Id. 240, 35 L. ed. 159, 152 Mass. 230, 246; Andersen v. United States, 170 U. S. 481, 42 L. ed. 1116; United States v. Plumer, 3 Cliff. 28; United States v. Mackenzie, 1 N. Y. Leg. Obs. 227, 371, 26 Fed. Cas. 1118, 30 Id. 1160; United States v. Burlington Ferry Co., 21 F. R. 331, 336; The Hungaria, 41 Id. 109; United States v. The Kodiak, 53 Id. 126; United States v. Newth, 149 Id. 302. This is founded on the commerce clause of the Constitution. United States v. Beacham, 29 F. R. 284; The Tolchester, 42 Id. 180. The words high scasmean any waters on the seacoast which are without the boundaries of low-water mark, although such waters may be in a roadstead or bay within the jurisdictional limits of a foreign government. United States v. Ross, 1 Gall. 624. They do not include an inclosed dock in a foreign port: United States o. Hamilton, 1 Mason, 152, 26 Fed. Cas. 93; nor a foreign harbor: United States v. Morel, 13 Am. Jur. 279, 1 Brun. Coll. Cas. 373, 26 Fed. Cas. 1310; United States v. Jackson, 2 N. Y. Leg. Obs. 3, 26 Fed. Cas. 558; nor a domestic harbor. United States v. Bevans, 3 Wheat. 336, 4 L. ed. 404; United States v. Davis, 2 N. Y. Leg. Obs. 35, 25

Guano
Islands

Fed. Cas. 784. They obviously include the uninclosed
waters of the ocean on the seacoast outside the fauces terræ.
United States 0. Grush, 5 Mason, 290. They have been
held to include the open uninclosed waters of the Great
Lakes. United States v. Rodgers, 150 U. S. 249, 37 L. ed.
1071; Ex parte O'Hare, 171 F. R. 290; see, however, In re
Garnett, 141 U. S. 1, 35 L. ed. 631; United States v. Peter-
son, 64 F. R. 145; United States v. Rogers, 46 Id. 1; Ex parte
Byers, 32 F. R. 404; United States v. Beyer, 31 Id. 35; United
States v. Beacham, 29 Id. 284; People v. Tyler, 7 Mich. 161.
Navigable waters of the United States include rivers and
lakes which of themselves, or by uniting with other waters,
form a continued highway on which international or inter-
state commerce may be carried on, but not lakes or rivers
wholly within a State and having no navigable outlet into
another State or nation. The Daniel Ball, 10 Wall. 557,
19 L. ed. 999; Miller v. New York, 109 U. S. 385, 27
L. ed. 971; United States v. Burlington Ferry Co., 21
F. R. 331; 20 A. G. Op. 101. This section applies to
a crime on board a vessel not belonging to citizens of
the United States, if she had at the time no national char-
acter, but was possessed and held by pirates or persons not
lawfully sailing under the flag of any foreign nation; but
not if the vessel in which the offender is or to which he be-
longs is at the time, both in fact and in right, the property of
a subject of a foreign State and subject at the time to his
control. The flag of the ship determines the jurisdiction of the
offense. United States v. Holmes, 5 Wheat. 412, 5 L. ed. 122;
see United States v. Demarchi, 5 Blatch. 84; United States v.
Kessler, Baldw. 15; 3 A. G. Op. 484, 489. It has been held
to apply to an offense upon a ship of the United States in the
Bay of Cadiz. United States v. Gourlay, 2 Wheeler Cr. Cas.
102, 25 Fed. Cas. 1382. The certificate of registry and proof
that the vessel carried the United States flag is prima facie
evidence of proper registration and of the nationality of the

1

vessel and its owner. St. Clair v. United States, 154 U. S. Guano

Islands 134. 38 L. ed. 936.

Out of the jurisdiction of any particular Statemeans State of the United States. United States 0. The Pirates, 5 Wheat. 184, 200, 5 L. ed. 64. Whether a place is within the boundaries of a State is a question for the jury. Ex parte Ballinger o. Nowland, 5 Hughes, 387.

Clause 2. A river which is tributary to one of the Great Lakes but which does not connect any of them is not here included. United States v. Rogers, 46 F. R. 1.

Clause 3. Cook v. United States, 138 U. S. 157, 34 L. ed. 906; Benson v. United States, 146 Id. 325, 36 L. ed. 991; United States v. Peterson, 64 F. R. 145; Good Shot 0. United States, 104 Id. 257; United States 0. Lewis, 111 Id. 630; United States v. Cornell, 2 Mason, 60, 25 Fed. Cas. 646; Brown o. United States, 2 Ind. Ter. 582; Territory v. Yarberry, 2 New Mex. 391, 450. This is constitutional. United States v. Battle, 209 U. S. 36, 52 L. ed. 670, 154 F. R. 540. This applies to the District of Columbia: United States v. Guiteau, 1 Mackey, 498; to a navy yard: United States v. Donlan, 5 Blatch. 284; to a warship moored at a dock on land ceded by a State to the United States: United States v. Carter, 84 F. R. 622; to Indian reservations within the territories as to offenses committed by persons other than tribal Indians: see Rev. Sts. $ 2145; Ex parte Crow Dog, 109 U. S. 556, 27 L. ed. 1030; Brown v. United States, 146 F. R. 975; United States o. Bridleman, 7 Id. 894; United States o. Rogers, 4 How. 567, Hempst. 450; United States v. Monte, 3 New Mex. 173; but see United States v. Bailey, 1 McLean, 234; but not to an unsettled part of Oklahoma. Matter of Moran, 203 U. S. 96, 51 L. ed. 105. As to offenses committed by Indians see § 328. It applies to a fort, although in the cession of the property the State reserved the right to execute its civil and criminal processes there. United States v. Cornell, 2 Mason,

Guano
Islands

91. It does not apply to a fort which was established as a military post on land of which the government has always held the fee, such fort having been erected subsequently to the admission into the Union of the State within whose boundaries the land is located. United States v. Stahl, Woolw. 192; McCahon (Kans.) 206. The same is true of land set apart as an Indian reservation. Ex parte Sloan, 4 Sawyer, 330. To give the United States local jurisdiction of lands owned by it, it is essential that the jurisdiction be acquired from or withheld from the State within which the lands are. 14 A. G. Op. 557; United States v. Bateman, 34 F. R. 86. There must also be some action on the part of the United States. United States v. Tully, 140 F. R. 899. Land temporarily rented to the United States for a camp is not within its exclusive jurisdiction. United States v. Tierney, 1 Bond, 571. This does not affect the enforcement of civil rights in a State court. Madden v. Arnold, 22 N. Y. App. Div. 240. But a State court has no right to enforce a statutory penalty for failure to deliver a telegram in a navy yard. Western Union Tel. Co. v. Chiles, 214 U. S. 274, 53 L. ed. 994. As to Alaska, see Kie v. United States, 11 Sawyer, 579, 27 F. R. 351; United States v. Clark, 46 F. R. 633.

Clause 4. United States v. Meagher, 37 F. R. 875. This is constitutional. Jones v. United States, 137 U. S. 202, 34 L. ed. 691.

See generally 7 A. G. Op. 721; 13 Id. 131. As to the district in which the case must be tried, see United States v. Arwo, 19 Wall. 486, 22 L. ed. 67.

Murder defined

SECTION 273. Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, rape, burglary, or robbery; or perpetrated from a premeditated design

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