Joseph Story

Name: United States v. Coombs — Opinion of the Court
Author: Joseph Story

United States v. Coombs — Opinion of the Court

Summary

“United States v. Coombs — Opinion of the Court”, is a work by Joseph Story. It explores elements such as the United States, offence and admiralty.

Quotes from United States v. Coombs — Opinion of the Court (Joseph Story)

Joseph Story, United States v. Coombs — Opinion of the Court

“ A prosecution in the state court would, in many cases, be equally liable to a failure, from the utter impossibility of establishing whether the act was not committed within the admiralty and maritime jurisdiction of the United States. The wisdom of the enactment, therefore, which, upon a prosecution in the courts of the United States, should cut off any defence founded upon the mere absence of such proof where the offence was committed, would seem to be as clear as its policy is obvious. ”

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Source: Wikisource

Joseph Story, United States v. Coombs — Opinion of the Court

“ Any offence which thus interferes with, obstructs, or prevents such commerce and navigation, though done on land, may be punished by congress, under its general authority to make all laws necessary and proper to execute their delegated constitutional powers. No one can doubt, that the various offences enumerated in the ninth section of the act, are all of a nature which tend essentially to obstruct, prevent, or destroy the due operations of commerce and navigation with foreign nations, and among the several states. ”

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Source: Wikisource

Joseph Story, United States v. Coombs — Opinion of the Court

“ Now, this is wholly inapplicable to the courts of the United States, where admiralty process, both in the instance and prize sides of the court, can be served on land as well as on water. These explanations have been made, for the sake of clearing the case from some apparent obscurities and difficulties, as to the nature and extent of the admiralty jurisdiction, in cases where it is limited by the locality of the acts done. In our judgment, the authority of congress, under this clause of the constitution, does not extend to punish offences committed above and beyond high water mark. ”

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Source: Wikisource

Joseph Story, United States v. Coombs — Opinion of the Court

“ But to suppose that congress could intend to punish these acts only when done on the sea, and not to punish them when committed on shore, would be to suppose that they were solicitous to punish acts of possible and rare occurrence only; and to leave unpunished those which would be of the most frequent and constant occurrence, for such inhuman purposes ”

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Source: Wikisource

Joseph Story, United States v. Coombs — Opinion of the Court

“ The ninth section of the act of 1825, ch. 276, on which the indictment in the present case is founded, is in the following words: 'That if any person shall plunder, steal, or destroy any money, goods, merchandise, or other effects from, or belonging to, any ship or vessel, or boat, or raft which shall be in distress, or which shall be wrecked, lost, stranded, or cast away upon the sea, or upon any reef, shoal, bank, or rocks of the sea, or in any place within the admiralty or maritime jurisdiction of the United States ”

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Source: Wikisource

Joseph Story, United States v. Coombs — Opinion of the Court

“ And so far from wondering that the section in question does not contain any restriction as to locality of the offence, the surprise would have been great, if it had been found there. We think ourselves justified in saying, that upon the true interpretation of the section, it contains no such restriction: and that there is no ground, in constitutional authority, in public policy, or in the nature or object of the section, which call upon us to insert any. ”

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Source: Wikisource

Joseph Story, United States v. Coombs — Opinion of the Court

“ The hurry and confusion incident to such events, make them intent upon consulting their own safety, and often absorb all their thoughts. The darkness of the night, as well as the perils of the weather, often compel them to forego all resistance to the depredators ”

Joseph Story

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