Manchester v. Massachusetts
Supreme Court of the United States
ERROR TO THE SUPERIOR COURT OF THE STATE OF MASSACHUSETTS FOR THE COUNTY OF BARNSTABLE. By an act of the legislature of the Commonwealth of Massachusetts, approved May 6, 1886, (Laws of 1886, c. 192,) en-. titled “ An act for the protection of the fisheries in Buzzard’s Bay,” it was enacted as follows: “ Section 1. No person shall draw, set, stretch or use any drag net, set net or gill net, purse or sweep seine of any kind for taking fish anywhere in the waters of Buzzard’s…
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ERROR TO THE SUPERIOR COURT OF THE STATE OF MASSACHUSETTS FOR THE COUNTY OF BARNSTABLE. By an act of the legislature of the Commonwealth of Massachusetts, approved May 6, 1886, (Laws of 1886, c. 192,) en-. titled “ An act for the protection of the fisheries in Buzzard’s Bay,” it was enacted as follows: “ Section 1. No person shall draw, set, stretch or use any drag net, set net or gill net, purse or sweep seine of any kind for taking fish anywhere in the waters of Buzzard’s Bay within the jurisdiction of this Commonwealth, nor in any harbor, cove or bight of said bay except as hereinafter…
1Opinion of the CourtJustice Blatchfoed
The principal contentions in this court on the part of the defendant are that, although Massachusetts, if an independent nation, could have enacted a statute like the one in question, which her own courts would have enforced and which other nations would have recognized, yet when-she became one of the United States, she surrendered to the general .government her right of control over the fisheries of the ocean, and transferred to it her rights over the waters adjacent to the coast and a part of the ocean; that, as by the Constitution, article 3, section 2, the judicial power of the United…
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