UNITED STATES V. FLORIDA
Decision Date | 31 May 1960 |
Citation | 363 U. S. 121 |
Court | U.S. Supreme Court |
ON MOTION FOR JUDGMENT ON THE PLEADINGS
In this suit by the United States under Art. III, § 2 of the Constitution, held: the Submerged Lands Act grants Florida a three marine league belt of land under the Gulf of Mexico, seaward from its coastline, as described in Florida's 1868 Constitution, which was approved by Congress when Florida was readmitted to representation in Congress after the Civil War. P P. 121-129.
This controversy involves the interests of all five Gulf States -- Florida, Texas, Louisiana, Mississippi, and Alabama -- in the submerged lands off their shores. The Court heard the claims together, but treats them in two opinions. This opinion deals solely with Florida's claims. The result as to the other States is discussed in one opinion, ante, P. 1. All the claims arise and are decided under the Submerged Lands Act of 1953. [Footnote 1]
The Act granted to all coastal States the lands and resources under navigable waters extending three geographical miles seaward from their coastlines. In addition
to the three miles, the five Gulf States were granted the submerged lands as far out as each State's boundary line either "as it existed at the time such State became a member of the Union," or as previously "approved by Congress," even though that boundary extended further than three geographical miles seaward. But in no event was any State to have "more than three marine leagues into the Gulf of Mexico." [Footnote 2] This suit was first brought against Louisiana by the United States, United States v. Louisiana, 350 U.S. 990, invoking our original jurisdiction under ART. III, § 2, cl. 2, of the Constitution, to determine whether Louisiana's boundary when it became a member of the Union extended three leagues or more into the Gulf, as Louisiana claimed, so as to entitle it to the maximum three-league grant of the Submerged Lands Act. After argument on the Government's motion for judgment against Louisiana, we suggested that the interests of all the Gulf States under the Act were so related "that the just, orderly, and effective
determination" of the issues required that all those States be before the Court. United States v. Louisiana, 354 U. S. 515, 516. All are now defendants, each has claimed a three-league boundary and grant, which the United States denies, and the issues have been extensively briefed and argued by the parties. As stated, this opinion deals only with the United States-Florida controversy.
Florida contends that the record shows it to be entitled under the Act to a declaration of ownership of three marine leagues of submerged lands, because (1) its boundary extended three leagues or more seaward into the Gulf when it became a State, and (2) Congress approved such a three-league boundary for Florida after its admission into the Union and before passage of the Submerged Lands Act. Since we agree with Florida's latter contention, as to congressional approval, we find it unnecessary to decide the boundaries of Florida at the time it became a State.
Florida claims that Congress approved its three-league boundary in 1868, by approving [Footnote 3] a constitution submitted to Congress as required by a Reconstruction Act passed March 2, 1867. 14 Stat. 428. That constitution carefully described Florida's boundary on the Gulf of Mexico side as running from a point in the Gulf "three leagues from the mainland" and "thence northwestwardly three leagues from the land" to the next point. [Footnote 4] The
United States concedes that, from 1868 to the present day, Florida has claimed by its constitutions a three-league boundary into the Gulf. [Footnote 5] The United States also admits that Florida submitted this constitution to Congress in 1868, but denies that the Gulf boundary it defined was "approved" by Congress within the meaning of the Submerged Lands Act. [Footnote 6] This is the decisive question as between Florida and the United States.
The 1868 Florida Constitution was written and adopted by Florida pursuant to the congressional Act of March 2, 1867, [Footnote 7] as supplemented by a second Act of March 23, 1867. [Footnote 8] These Reconstruction Acts purported "to provide for the more efficient government of the Rebel States," including Florida. The States involved were divided into military districts and subject to strict military authority. Detailed provisions were made for registration of voters, election of delegates to constitutional conventions, the framing of constitutions "in conformity with the provisions" of these Reconstruction Acts, and submission of the constitutions to the people of those States for their ratification and approval -- all under the supervision and control of commanding generals. Constitutions so adopted were then to be "submitted to Congress for examination and approval," after which approval by Congress, and after ratification of the Fourteenth Amendment by each State, each should be "declared entitled to representation in Congress." Florida's Constitution was written,
considered, and voted upon in the State in accordance with these statutory directions and under the eye and control of an Army general. When submitted to Congress, it was much debated, and thereafter, on June 25, 1868, another Act was passed authorizing the admission of Florida and other Southern States "to Representation in Congress." [Footnote 9] 15 Stat. 73. The preamble to this "Admission Act" declared that these States had adopted their constitutions "in pursuance of the provisions" of the 1867 Acts, which Acts, as has been pointed out, required "examination and approval" of the constitutions as a prerequisite to readmission of congressional representation. Thus, by its own description, Congress not only approved Florida's Constitution, which included three-league boundaries, but Congress, in 1868, approved it within the meaning of the 1867 Acts. In turn, the approval the 1867 Acts required appears to be precisely the approval the 1953 Act contemplates.
S.Rep.No. 133, 83d Cong., 1 Sess. 64-65. [Footnote 16] The language of the Submerged Lands Act was at least in part designed to give Florida an opportunity to prove its right to adjacent submerged lands so as to remedy what the Congress evidently felt had been an injustice to Florida. Upon proof that Florida's claims met the statutory standard -- "boundaries . . . heretofore approved by the Congress" -- the Act was intended to "confirm" and "restore" the three-league ownership Florida had claimed as its own so long, and which claim this Court had in effect rejected in United States v. Texas, 339 U. S. 707; United States v. Louisiana, 339 U. S. 699; and United States v. California, 332 U. S. 19. As previously shown, Congress, in 1868, did approve Florida's claim to a boundary three leagues from its shores. And, as we have held, the 1953 Act was within the power of
Congress to enact. Alabama v. Texas, 347 U. S. 272. See also United States v. California, 332 U. S. 19, 27.
We therefore deny...
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