Manchester v. Massachusetts

Citations

• 139 U.S. 240
• 11 S. Ct. 559
• 35 L. Ed. 159
• 1891 U.S. LEXIS 2378

Syllabus

<p>The act of the Legislature of Massachusetts, approved May 6, 1886, (Laws of 1886, c. 192,) “ for the protection of the fisheries in Buzzard’s Bay,” is valid, so far as it relates to the taking of menhaden.</p> <p>It applies to a vessel which has a license to fish for menhaden under the ’ laws of the United States.</p> <p>As between nations, the minimum limit of the territorial jurisdiction of a nation over tide-waters is a marine league from the coast; and bays wholly within its territory .which do not exceed two marine leagues in width at the mouth are within this limit; and included in such territorial jurisdiction is the right of control over fisheries.</p> <p>The courts of Massachusetts can lawfully take jurisdiction of violations of such statutes, as against the admiralty and maritime jurisdiction of the courts of the United States.</p> <p>It has always been the doctrine of this court, that whenever a conflict arises between a State and the United States, as to the regulation of commerce or navigation, the authority of the latter is supreme and controlling.</p> <p>Within what are generally recognized as the territorial limits of States by the law of nations, a State can define its boundaries on the sea and the boundaries of its counties; and by this test Massachusetts can include Buzzard’s Bay within the limits of its counties.</p> <p>There are no existing treaties or acts of Congress which relate to the menhaden fisheries within such a bay as Buzzard’s Bay.</p> <p>The question is not considered whether or not Congress would have the right to control the menhaden fisheries in question.</p>