ARGUMENT OF CHARLES B. WARREN. 1083 



anchor, was clearly a place of this description, and is within both 

 definitions ; that is, a river, or arm of the sea, below low water mark, 

 and so within admiralty and maritime jurisdiction; and also a place 

 within the body of the county." 



I refer next to the case of the United States v. Grush, reported in 

 5 Mason's Reports of Cases in the United States Circuit Court, First 

 Circuit, at p. 290. The decision was rendered by Mr. Justice Story 

 of the Supreme Court of the United States, who said, in delivering 

 the opinion of the Court, at p. 296 : 



" It is agreed between the parties, that the place where the vessel, 

 (the Pacific), on board of which the offence was committed, lay at 

 anchor at the time of the commission of the offence, was between 

 Level's Island, George's Island, and Gallop's Island, which belonged 

 to the city of Boston, as part of its territorial limits. The tide ebbs 

 and flows between these islands into what is called the inner harbour 

 of Boston; and at all times of the tide there is a great depth of water 

 there, the bottom or channel never being dry; and vessels at anchor 

 there are constantly afloat in the stream. The distances between 

 these islands is about one-eighth of a mile. Hale's map of Boston 

 and Wadsworth's chart of the harbour of Boston and the adjacent 

 coasts and headlands, are admitted in evidence, as accurate delinea- 

 tions of the same. The nearest headlands on the main land on each 

 side are the town of Hull on the southern, and Point Shirley on the 

 northern side of the harbour of Boston, and the distance between 

 these headlands is about 5 or 6 miles. There are a number of islands 

 between these headlands., with narrow inlets and passages for vessels 

 between them. The main channel into the inner harbour of Boston 

 flows also between them, in no instance exceeding one mile in breadth. 

 Xantasket Roads, as it is called, or the outer harbour of Boston, 

 where vessels, going from and coming to the port, are accustomed 

 to lie at safe anchorage, is on the side contiguous to Hull. There 

 are several islands farther out towards the ocean; and particularly 

 the Great Brewster, on which the principal lighthouse stands. The 

 extreme point of the main land, jutting from the southern coast 

 opposite to this lighthouse, is called Point Alderton, and the distance 

 between them is about one mile and a quarter. Processes from the 

 State Courts of the County of Suffolk have been at all tunes, without 

 objection, served as far down as where the Pacific lay ; and even down 

 to the lighthouse on the Great Brewster; but not below. Vessels 

 are accustomed to anchor where the Pacific lay. The towns of Bos- 

 ton and Chelsea constitute the county of Suffolk. Such are the 

 material facts." 



If the Tribunal please, I have a chart of the harbour of Boston 

 which I shall submit and leave with the Tribunal, to show the locality 

 involved in this decision. 



I will not refer to the chart in my argument. It may be referred 

 to by the Tribunal. 



Justice Story continues, on p. 298 : 



"Thus Lord Hale says. .... the sea is either that which lies 

 within the body of the Bounty or without. That arm or branch of the 

 sea, which lies within the fauces terra3, where a man may reasonably 



