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D was indicted for manslaughter, in the Circuit Court of Pennsylvania. The manslaughter was committed by D, on board of the American ship the Benjamin Rush, on a seaman belonging to the said ship, whereof D was master, in the river Tigris, in the empire of China, off Wampoa, and about 100 yards from the shore, in four and a half fathoms water, and below the low water mark, thirty-five miles above the mouth of the river. The manslaughter was committed by D, on board of the American ship the Benjamin Rush, on a seaman belonging to the said ship, whereof D was master, in the river Tigris, in the empire of China, off Wampoa, and about 100 yards from the shore, in four and a half fathoms water, and below the low water mark, thirty-five miles above the mouth of the river. The penal statute provided for the punishment of manslaughter that occurred on 'the high seas.' D was found guilty by a jury but the judges certified the question of whether the court had jurisdiction under the facts of this case.

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