U.S. Supreme Court
United States v. Bevans, 16 U.S. 3 Wheat. 336 336 (1818)
United States v. Bevans
16 U.S. (3 Wheat.) 336
Syllabus
Admitting that the third article of the Constitution of the United States, which declares that "the judicial power shall extend to all cases of admiralty and maritime jurisdiction," vests in the United States exclusive jurisdiction of all such cases, and that a murder committed in the waters of a state where the tide ebbs and flows is a case of admiralty and maritime jurisdiction, Congress has not, in the eighth section of the Act of 1790, ch. 9, "for the punishment of certain offenses against the United States," so exercised this power as to confer on the courts of the United States jurisdiction over such murder.
Quaere whether courts of common law have concurrent jurisdiction with the admiralty over murder committed in bays, &c., which are enclosed parts of the sea?
Congress having, in the eighth section of the Act of 1790, ch. 9, provided for the punishment of murder, &c., committed "upon the high seas or in any river, haven, basin, or bay out of the jurisdiction of any particular state," it is not the offense committed but the bay, &c. in which it is committed that must be out of the jurisdiction of the state.