by John Marshall

“ The maxim is not to be so applied as to narrow the words of the statute to the exclusion of cases which those words, in their ordinary acceptation, or in that sense in which the legislature has obviously used them, would comprehend. The intention of the legislature is to be collected from the words they employ. Where there is no ambiguity in the words, there is no room for construction. ”

“ If the words be taken according to the common understanding of mankind, if they be taken in their popular and received sense, the 'high seas,' if not in all instances confined to the ocean which washes a coast, can never extend to a river about half a mile wide, and in the interior of a country. ”

“ This extended construction of the words, it has been insisted, is still farther opposed, by a comparison of the 12th with the 8th section of the act. In the 8th section, Congress has shown its attention to the distinction between the 'high seas,' and 'a river, haven, basin, or bay.' The well known rule that this is a penal statute, and is to be construed strictly, is also urged upon us. ”

“ II. they [the admirals] have a jurisdiction; and thus accordingly it has been held at all times even when the Judges of the common law have been named, and sat in the commission; but we are not to extend the words (pretend to have) to such a pretence as is without any right at all; and, therefore, although the admiral pretend to have jurisdiction upon the shore, when the tide is reflowed, yet he hath no cognizance of a felony committed there.' (2 Hale's P. C. 16, 17.) This construction of the statute, in opposition to Lord Coke's, was solemnly adopted in a very recent case by the twelve judges ”

“ III. It empowers him 'to take cognizance of, and proceed in, all causes, civil and maritime, and in complaints, contracts, offences or suspected offences, crimes, pleas, debts, exchanges, accounts, charter parties, agreements, suits, trespasses, inquiries, extortions, and demands, and all business, civil and maritime, whatsoever, &c. throughout all and every the sea shores, public streams, ports, fresh waters, rivers, creeks, and arms, as well of the sea, as of the rivers and coasts, whatsoever, of the province, &c. ”

“ But Lord Coke, in 4 Inst. 135.et seq. after admitting, that the admiralty had jurisdiction of all things done upon the sea, endeavours to establish the doctrine, that the sea, ex vi termini, did not include any navigable waters within the body of any county of the realm; and for proof of this, he mainly relies on certain authorities in Fitzherbert's Abridgment, (Avowry, 192. Corone, 399.) which, when carefully considered, will not support his position. The hostility of Lord Coke to the admiralty, and indeed to every other jurisdiction rivalling the common law Courts, is well known; and Mr. ”