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132-524: Dana was born in Cambridge, Massachusetts , on August 1, 1815 into a family that had settled in colonial America in 1640, counting Anne Bradstreet among its ancestors. His father was the poet and critic Richard Henry Dana Sr. As a boy, Dana studied in Cambridgeport under a strict schoolmaster named Samuel Barrett, alongside fellow Cambridge native and future writer James Russell Lowell . Barrett

264-464: A 2009 listed American Water Landmark located roughly one mile west of Fresh Pond and surrounded by the town of Belmont. The second area is the larger Hobbs Brook and Stony Brook watersheds, which share borders with neighboring towns and cities including Lexington, Lincoln , Waltham and Weston . Cambridge has been called the "City of Squares", as most of its commercial districts are major street intersections known as squares . Each square acts as

396-475: A Fitchburg Line commuter rail stop. Lesley University's University Hall and Porter campus are in Porter Square. Inman Square is at the junction of Cambridge and Hampshire streets in mid-Cambridge. It is home to restaurants, bars, music venues, and boutiques. Victorian streetlights, benches, and bus stops were added to the streets in the 2000s, and a new city park was installed. Lechmere Square

528-522: A merchant seaman . On August 14, 1834, he departed Boston aboard the brig Pilgrim , captained by Frank Thompson, bound for Alta California , at that time still a part of Mexico . This voyage would bring Dana to a number of settlements in California (including Monterey , San Buenaventura , San Pedro , San Juan Capistrano , San Diego , Santa Barbara , Santa Clara and San Francisco). After witnessing Thompson's sadistic practices, including

660-471: A "system or discipline enough to ensure regular and vigorous study." In July 1831, Dana enrolled at Harvard College , where in his freshman year his support of a student protest cost him a six-month suspension. In his junior year, he contracted measles , which in his case led to ophthalmia . This worsening vision inspired him to take a sea voyage. But rather than going on a fashionable Grand Tour of Europe he decided, despite his social standing, to enlist as

792-463: A U.S. ship must be brought in federal court and cannot be done in state court, except for under the reverse Erie Doctrine whereby state courts can apply federal law. When property is lost at sea and rescued by another, the rescuer is entitled to claim a salvage award on the salvaged property. There is no "life salvage": all mariners have a duty to save the lives of others in peril without expectation of reward. Consequently, salvage law applies only to

924-516: A female householder with no husband present, and 60.4% were non-families. 40.7% of all households were made up of individuals, and 9.6% had someone living alone who was 65 years of age or older. The average household size was 2.00 and the average family size was 2.76. Maritime law Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing

1056-518: A flogging on board the ship, he vowed that he would try to help improve the lot of the common seaman. The Pilgrim collected hides for shipment to Boston, and Dana spent much of his time in California at San Diego's Point Loma curing hides and loading them onto the ship. Dana's description of his time on Point Loma depicted love and concern for the Hawaiians who worked there alongside him. He may have been predisposed to feel positively toward them by

1188-602: A lab in 1982, in contrast to the hostility that caused the Genetic Institute, a Harvard spinoff, to abandon Somerville and Boston for Cambridge. The biotech and pharmaceutical industries have since thrived in Cambridge, which now includes headquarters for Biogen and Genzyme ; laboratories for Novartis , Teva , Takeda , Alnylam , Ironwood , Catabasis, Moderna Therapeutics , Editas Medicine ; support companies such as Cytel ; and many smaller companies. During

1320-504: A large co-working space, is in Kendall Square at 1 Broadway. The Cambridge Center office complex is in Kendall Square, and not at the actual center of Cambridge. The "One Kendall Square" complex is nearby, but not actually in Kendall Square. Central Square is formed by the junction of Massachusetts Avenue, Prospect Street, and Western Avenue. Containing a variety of ethnic restaurants, it was economically depressed as recently as

1452-646: A major transfer point to streetcars that also operated in a short tunnel —which is still a major bus terminal, although the area under the Square was reconfigured dramatically in the 1980s when the Red Line was extended. A short distance away from the square lies the Cambridge Common, while the neighborhood north of Harvard and east of Massachusetts Avenue is known as Baldwin, in honor of the first Black principal of Cambridge public schools, Maria L. Baldwin. It

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1584-715: A military retaliation against British troops following the Battles of Lexington and Concord . On July 2, 1775, two weeks after the Second Continental Congress in Philadelphia formally established the Continental Army and appointed George Washington commander of it, Washington arrived at Cambridge Common to take command of the Patriot soldiers camped there. Many of these soldiers played

1716-478: A neighborhood center. Kendall Square , formed by the junction of Broadway, Main Street, and Third Street, has been called "the most innovative square mile on the planet", owing to its high concentration of entrepreneurial start-ups and quality of innovation which have emerged in the vicinity of the square since 2010. Technology Square is an office and laboratory building cluster in this neighborhood. Just over

1848-660: A one-year statute of limitations. A state court hearing an admiralty or maritime case is required to apply the admiralty and maritime law, even if it conflicts with the law of the state, under a doctrine known as the "reverse- Erie doctrine". While the " Erie doctrine " requires that federal courts hearing state actions must apply substantive state law, the "reverse- Erie doctrine" requires state courts hearing admiralty cases to apply substantive federal admiralty law. However, state courts are allowed to apply state procedural law. This change can be significant. Claims for damage to cargo shipped in international commerce are governed by

1980-425: A piece of equipment. The judge had sentenced the captain to ninety days in jail and the mate to thirty days. In 1841, Dana published The Seaman's Friend, which became a standard reference on the legal rights and responsibilities of sailors. He defended many common seamen in court. During his voyages he had kept a diary, and in 1840 (coinciding with his admission to the bar) he published a memoir, Two Years Before

2112-731: A previous stay in Andover, Massachusetts , among evangelicals who had embraced Hawaiians in New England and sent the first Protestant missionaries to Hawaii. Wishing to return home sooner, Dana was reassigned by the ship's owners to a different ship: the Alert . Dana gives the classic account of the return trip around Cape Horn in the middle of the Antarctic winter. He describes terrifying storms and profound beauty, giving vivid descriptions of icebergs , which he calls incomparable. He found

2244-859: A private organization of maritime lawyers known as the Comité Maritime International (International Maritime Committee or CMI). Founded in 1897, the CMI drafted numerous international conventions, including the Hague Rules (International Convention on Bills of Lading), the Visby Amendments (amending the Hague Rules), the Salvage Convention, and many others. While the CMI continues to function in an advisory capacity, many of its functions have been taken over by

2376-605: A prominent abolitionist , helping to found the anti- slavery Free Soil Party in 1848 and representing the fugitive slave Anthony Burns in Boston in 1854. He was a member of the Boston Vigilance Committee , an organization that assisted fugitive slaves. In 1853, Dana represented William T. G. Morton in Morton's attempt to establish that he discovered the "anaesthetic properties of ether". In 1859, while

2508-595: A role in supporting Washington's successful Siege of Boston , which trapped garrisoned British troops from moving by land, forcing the British to ultimately abandon Boston. Cambridge Common is thus celebrated as the birthplace of the Continental Army. The Massachusett inhabited the area that is now called Cambridge for thousands of years prior to European colonization of the Americas , most recently under

2640-489: A sailor rather than a passenger, he shipped from Boston on August 14, 1834, on the brig Pilgrim , bound for the coast of California. His experiences for the next two years form the subject of the present volume. In the December following his return to Boston in 1836, Dana re-entered Harvard, the hero of his fellow students, graduating the following June. He next took up the study of law, at the same time teaching elocution in

2772-535: A shipowner to both pay for an injured seaman's medical treatment until maximum medical recovery (MMR) is obtained and provide basic living expenses until completion of the voyage, even if the seaman is no longer aboard ship. Admiralty law in Pakistan is also classified as shipping law . The Pakistan Merchant Shipping Ordinance 2001 has replaced the Merchant Shipping Act 1923 . This replacement

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2904-656: A shipowner to provide medical care free of charge to a seaman injured in the service of the ship, until the seaman has reached "maximum medical cure". The concept of "maximum medical cure" is more extensive than the concept "maximum medical improvement". The obligation to "cure" a seaman includes the obligation to provide him with medications and medical devices which improve his ability to function, even if they do not "improve" his actual condition. They may include long-term treatments that permit him to continue to function well. Common examples include prostheses, wheelchairs, and pain medications. The obligation of "maintenance" requires

3036-410: A shipowner's breach of its obligation to provide maintenance and cure is willful and wanton, the shipowner may be subject to punitive damages. See Atlantic Sounding Co. v. Townsend , 557 U.S. 404 (2009) (J. Thomas). Shipowners owe a duty of reasonable care to passengers. Consequently, passengers who are injured aboard ships may bring suit as if they had been injured ashore through the negligence of

3168-624: A special Admiralty Court handles all admiralty cases. Despite early reliance upon civil law concepts derived from the Corpus Juris Civilis of Justinian , the English Admiralty Court is a common law , albeit sui generis court that was initially somewhat distanced from other English courts. After around 1750, as the Industrial Revolution took hold and English maritime commerce burgeoned,

3300-420: A stationary object, they typically use the term allision . The fixed object could be a bridge or dock . While there is no great difference between the two terms and often they are even used interchangeably, determining the difference helps clarify the circumstances of emergencies and adapt accordingly. Before the mid-1970s, most international conventions concerning maritime trade and commerce originated in

3432-540: A third party. The passenger bears the burden of proving that the shipowner was negligent. While personal injury cases must generally be pursued within three years, suits against cruise lines may need to be brought within one year because of limitations contained in the passenger ticket. Notice requirements in the ticket may require a formal notice to be brought within six months of the injury. Most U.S. cruise line passenger tickets also have provisions requiring that suit to be brought in either Miami or Seattle . In England ,

3564-423: A vessel with fuel, or pulling a vessel off a sand bar. Salvors performing high-order salvage receive substantially greater salvage award than those performing low-order salvage. In both high-order and low-order salvage the amount of the salvage award is based first upon the value of the property saved. If nothing is saved, or if additional damage is done, there will be no award. The other factors to be considered are

3696-462: A writer, brought him much social recognition on his visit to England in 1856. Three years later, his health gave way from overwork, and he set out on a voyage round the world, revisiting California, where he made the observations that appear in the postscript to this book. The postscript is titled, "Twenty-Four Years After." On his return, Dana was appointed by President Abraham Lincoln as United States Attorney for Massachusetts. In his argument before

3828-457: Is an active member of the ILO. There are several universities that offer maritime law programs. What follows is a partial list of universities offering postgraduate maritime courses: A pseudolegal conspiracy theory of American origin, notably present among the anti-government sovereign citizen and freeman on the land movements, asserts that at some point maritime law, which they consider to be

3960-610: Is at the junction of Cambridge and First streets, adjacent to the CambridgeSide Galleria shopping mall. It is served by Lechmere station on the MBTA Green Line . The City of Cambridge officially recognizes 13 neighborhoods, which are as follows: In the Köppen-Geiger classification, Cambridge has a hot-summer humid continental climate (Dfa) with hot summers and cold winters, that can appear in

4092-566: Is evidence of maritime law being in effect. One variation of this theory is based on a misinterpretation of the English Cestui Que Vie Act 1666 which stated that a person missing at sea shall be assumed to be dead after seven years; conspiracy theorists claim that the government uses this Act to secretly enslave people, by assuming any person to be legally dead from the age of seven and thereafter considering their person and/or property as its possessions. The origin of

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4224-441: Is no contract between the owner of the goods and the salvor. The relationship is one which is implied by law. The salvor of property under pure salvage must bring his claim for salvage in court, which will award salvage based upon the "merit" of the service and the value of the salvaged property. Pure salvage claims are divided into "high-order" and "low-order" salvage. In high-order salvage, the salvor exposes himself and his crew to

4356-597: Is not exhaustive of the subject matter. Canadian jurisdiction was originally consolidated in 1891, with subsequent expansions in 1934 following the passage of the Statute of Westminster 1931 , and in 1971 with the extension to "dry" matters. Recent jurisprudence at the Supreme Court of Canada has tended to expand the maritime law power, thus overriding prior provincial laws based on the provinces' power over property and civil rights . Article III, Section 2 of

4488-568: Is now Harvard Law School , then called the Dane Law School after Nathan Dane . He graduated in 1837, and was admitted to the bar in 1840. Dana went on to specialize in maritime law . In the October 1839 issue of a magazine, he took a local judge, one of his own instructors in law school, to task for letting off a ship's captain and mate with a slap on the wrist for murdering the ship's cook, beating him to death for not "laying hold" of

4620-422: Is occasionally desirable to distinguish between the situation of a vessel striking a moving object and that of it striking a stationary object. The word " allision " is then used to mean the striking of a stationary object, while " collision " is used to mean the striking of a moving object. Thus, when two vessels run against each other, courts typically use the term collision whereas when one vessel runs against

4752-483: Is south of Central Square, and bordered by MIT, the Charles River, Massachusetts Avenue, and River Street. Harvard Square is formed by the junction of Massachusetts Avenue, Brattle Street, Dunster Street, and JFK Street. This is the primary site of Harvard University and a major Cambridge shopping area. It is served by a Red Line station . Harvard Square was originally the Red Line's northwestern terminus and

4884-676: The Admiralty Court Act 1861 [24 Vict c 10]. While Pakistan now has its own statute, the Admiralty Jurisdiction of High Courts Ordinance, 1980 (Ordinance XLII of 1980), it also follows English case law. One reason for this is that the 1980 Ordinance is partly modelled on old English admiralty law, namely the Administration of Justice Act 1956. The current statute dealing with the Admiralty jurisdiction of

5016-478: The Cambridge and Concord Turnpike (today's Broadway and Concord Ave.), the Middlesex Turnpike (Hampshire St. and Massachusetts Ave. northwest of Porter Square ), and what are today's Cambridge, Main, and Harvard Streets connected various areas of Cambridge to the bridges. In addition, the town was connected to the Boston & Maine Railroad , leading to the development of Porter Square as well as

5148-480: The Carriage of Goods by Sea Act (COGSA), which is the U.S. enactment of the Hague Rules. One of its key features is that a shipowner is liable for cargo damaged from "hook to hook", meaning from loading to discharge, unless it is exonerated under one of 17 exceptions to liability, such as an " act of God ", the inherent nature of the goods, errors in navigation , and management of the ship. The basis of liability for

5280-721: The Charles River from Boston . The city's population as of the 2020 U.S. census was 118,403, making it the most populous city in the county, the fourth-largest in Massachusetts behind Boston , Worcester , and Springfield , and ninth-most populous in New England . The city was named in honor of the University of Cambridge in Cambridge , England, which was an important center of the Puritan theology that

5412-589: The Fig Newton , Necco , Squirrel Brands , George Close Company (1861–1930s), Page & Shaw , Daggett Chocolate (1892–1960s, recipes bought by Necco), Fox Cross Company (1920–1980, originator of the Charleston Chew , and now part of Tootsie Roll Industries ), Kendall Confectionery Company, and James O. Welch (1927–1963, originator of Junior Mints , Sugar Daddies , Sugar Mamas , and Sugar Babies , now part of Tootsie Roll Industries). Main Street

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5544-479: The Great Depression and after World War II , Cambridge lost much of its industrial base. It also began to become an intellectual, rather than an industrial, center. Harvard University , which had always been important as both a landowner and an institution, began to play a more dominant role in the city's life and culture. When Radcliffe College was established in 1879, the town became a mecca for some of

5676-545: The Great and General Court , then the legislature of Massachusetts Bay Colony , primarily for its proximity to the popular and highly respected Puritan preacher Thomas Shepard . In May 1638, the settlement's name was changed to Cambridge in honor of the University of Cambridge in Cambridge , England. In 1639, the Massachusetts General Court purchased the land that became present-day Cambridge from

5808-662: The Gulf of Aden , Somali Basin , Southern Red Sea and Bab-el-Mandeb straits ) are advised to implement self-protective measures, in accordance with most recent best management practices agreed upon by the members of the merchant industry and endorsed by the NATO Shipping Centre, and the Maritime Security Centre Horn-of-Africa (MSCHOA). The common law of England and Wales , of Northern Ireland law , and of US law , contrast to

5940-768: The International Maritime Organization (IMO). In 1948 an international conference in Geneva adopted a convention formally establishing IMO (the original name was the Inter-Governmental Maritime Consultative Organization, or IMCO, but the name was changed in 1982 to IMO with UN Convention on the Law of the Sea). The IMO Convention entered into force in 1958 and the new Organization met for the first time

6072-681: The Longfellow Bridge from Boston, at the eastern end of the MIT campus, it is served by the Kendall/MIT station on the MBTA Red Line subway. Most of Cambridge's large office towers are located in the Square. Kendall Square houses some of the biggest technological companies of the world, including Google , Microsoft , Amazon , Meta , and Apple . A biotech industry has developed in this area. The Cambridge Innovation Center ,

6204-619: The Massachusetts Bay Colony under Governor John Winthrop . Its first preacher was Thomas Hooker , who led many of its original inhabitants west in 1636 to found Hartford and the Connecticut Colony ; before leaving, they sold their plots to more recent immigrants from England. The original village site is now within Harvard Square . The marketplace where farmers sold crops from surrounding towns at

6336-626: The Parliament of Canada by virtue of s. 91(10) of the Constitution Act, 1867 . Canada has adopted an expansive definition of its maritime law, which goes beyond traditional admiralty law. The original English admiralty jurisdiction was called "wet", as it concerned itself with things done at sea, including collisions, salvage and the work of mariners, and contracts and torts performed at sea. Canadian law has added "dry" jurisdiction to this field, which includes such matters as: This list

6468-699: The St. Johns River , and the CSS Virginia in Chesapeake Bay ), and sunken merchant ships (the SS Central America off Cape Hatteras ) – have all been the subject of treasure salvage awards. Due to refinements in side-scanning sonars, many ships which were previously missing are now being located and treasure salvage is now a less risky endeavor than it was in the past, although it is still highly speculative and expensive. In maritime law, it

6600-517: The Supreme Court that the U.S. president had the power under the U.S. Constitution to blockade Confederate ports. After the end of the Civil War, he resigned his office since he did not approve of President Andrew Johnson 's policy of Reconstruction, which was denounced by Radical Republicans as being too moderate in regard to blacks’ civil rights and the punishment of former Confederates, and entered private practice. During 1867–1868, Dana

6732-671: The U.S. Senate was considering whether the United States should try to annex the Spanish possession of Cuba , Dana traveled there and visited Havana , a sugar plantation, a bullfight, and various churches, hospitals, schools, and prisons, a trip documented in his book To Cuba and Back . During the American Civil War , Dana served as a United States Attorney , and, in the Prize Cases , successfully argued before

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6864-492: The United States Constitution grants original jurisdiction to U.S. federal courts over admiralty and maritime matters; however, that jurisdiction is not exclusive, and most maritime cases can be heard in either state or federal courts under the "saving to suitors" clause. There are five types of cases which can only be brought in federal court: The common element of those cases are that they require

6996-757: The continental law (civil law) that prevails in Scottish law and in continental Europe , which trace back to Roman law . Although the English Admiralty court was a development of continental civil law, the Admiralty Court of England and Wales was a common law court, albeit somewhat distanced from the mainstream King's Bench . Most of the common law countries (including Pakistan , Singapore , India , and many other Commonwealth of Nations countries) follow English statute and case law. India still follows many Victorian-era British statutes such as

7128-617: The law of the sea , which is a body of public international law dealing with navigational rights, mineral rights , jurisdiction over coastal waters, and the maritime relationships between nations. The United Nations Convention on the Law of the Sea has been adopted by 167 countries and the European Union , and disputes are resolved at the ITLOS tribunal in Hamburg. Seaborne transport

7260-537: The 1920 Jones Act grants a jury trial to seamen suing their employers. Maritime law is governed by a uniform three-year statute of limitations for personal injury and wrongful death cases. Cargo cases must be brought within two years (extended from the one-year allowance under the Hague-Visby Rules ), pursuant to the adoption of the Rotterdam Rules . Most major cruise ship passenger tickets have

7392-422: The 1954 case of Adler v Dickson (The Himalaya) [1954] allowed a shipping line to escape liability when a bosun's negligence resulted in a passenger being injured. Since then, the Unfair Contract Terms Act 1977 has made it unlawful to exclude liability for death or personal injury caused by one's negligence. (Since then, however, the so-called " Himalaya clause " has become a useful way for a contractor to pass on

7524-423: The Admiralty Court became a proactive source of innovative legal ideas and provisions to meet the new situation. The Judicature Acts of 1873–1875 abolished the Admiralty Court as such, and it became conflated in the new Probate, Divorce and Admiralty division of the High Court. However, when the PDA was abolished and replaced by a new Family Division, admiralty jurisdiction passed to a so-called Admiralty Court which

7656-468: The Cambridge Housing Authority and the Public Works Administration demolished an integrated low-income tenement neighborhood with African Americans and European immigrants. In its place, it built the whites-only " Newtowne Court " public housing development and the adjoining, blacks-only " Washington Elms " project in 1940; the city required segregation in its other public housing projects as well. As industry in New England began to decline during

7788-457: The College, and in 1840 he opened an office in Boston. While in law school he had written the narrative of his voyage, which he now published; and in the following year, 1841, issued The Seaman's Friend . Both books were republished in England and brought him an immediate reputation. After several years of practicing law, during which he dealt largely with cases involving the rights of seamen, he began to take part in politics as an active member of

7920-421: The England and Wales High Court is the Senior Courts Act 1981 , ss. 20–24, 37. The provisions in those sections are, in turn, based on the International Arrest Convention 1952. Other countries which do not follow the English statute and case laws, such as Panama , also have established well-known maritime courts which decide international cases on a regular basis. Admiralty courts assume jurisdiction by virtue of

8052-452: The Free Soil Party. The Free Soil Party was founded in 1847–48 in opposition to the extension of slavery into the western U.S. territories newly acquired from Mexico. During the operation of the Fugitive Slave Act he served as counsel on behalf of the fugitives Shadrach Minkins , Thomas Sims , and Anthony Burns , and on one occasion suffered a serious assault as a consequence of his zeal. His prominence in these cases, along with his fame as

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8184-469: The Government and people of this country." A conviction, even "if obtained, will settle nothing in law or natural practice not now settled, and nothing in fact not now history...." In 1868, Dana ran as an independent candidate for the U.S. House of Representatives from Essex County, Massachusetts . He lost to incumbent Republican Benjamin Butler and also received fewer votes than Democrat Otis P. Lord . In 1876, his nomination as minister to Great Britain

8316-585: The Law of the Sea (UNCLOS) defined a treaty regarding protection of the marine environment and various maritime boundaries . Restrictions on international fishing such as International Convention for the Regulation of Whaling also form part of the body of conventions in international waters. Other commercial conventions include the "International Convention relating to the Limitation of the Liability of Owners of Sea-Going Ships", Brussels , 10 October 1957. and International Convention for Safe Containers . Once adopted, most international conventions are enforced by

8448-412: The Mast . The term "before the mast" refers to sailors' quarters, which were located in the forecastle (the ship's bow ), officers' quarters being near the stern. His writing evinces his later sympathy for the oppressed. With the California Gold Rush later in the decade, Two Years Before the Mast would become highly sought after as one of the few sources of information on California . Dana became

8580-402: The Naumkeag Squaw Sachem of Mistick . The town comprised a much larger area than the present city, with various outlying parts becoming independent towns over the years: Cambridge Village (later Newtown and now Newton ) in 1688, Cambridge Farms (now Lexington ) in 1712 or 1713, and Little or South Cambridge (now Brighton ) and Menotomy or West Cambridge (now Arlington ) in 1807. In

8712-441: The Sea or the Hanseatic League . In southern Italy the Ordinamenta et consuetudo maris (1063) at Trani and the Amalfian Laws were in effect from an early date. Bracton noted further that admiralty law was also used as an alternative to the common law in Norman England, which previously required voluntary submission to it by entering a plea seeking judgment from the court. A leading sponsor of admiralty law in Europe

8844-464: The U.S. Constitution, then under consideration by the States, be amended to include "trial by jury in all matters of fact triable by the laws of the land and not by the laws of Nations". The result was the United States Bill of Rights . Alexander Hamilton and John Adams were both admiralty lawyers and Adams represented John Hancock in an admiralty case in colonial Boston involving seizure of one of Hancock's ships for violations of customs regulations. In

8976-600: The U.S. Supreme Court in the Prize Cases , which upheld Lincoln's blockade of Southern ports, he greatly increased an already brilliant legal reputation. He spoke out in favor of African-American voting, education, property, and firearms ownership, stating: We have got to choose between two results. With these four millions of Negroes, either you must have four millions of disfranchised, disarmed, untaught, landless, thriftless, non-producing, non-consuming, degraded men, or else you must have four millions of land-holding, industrious, arms-bearing, and voting population. Choose between

9108-439: The U.S. to pay $ 5,500,000 to the British government. Towards the end of his life he went to Europe to devote himself to the preparation of a treatise on international law, but the actual composition of this work was little more than begun when he died in Rome, January 6, 1882. His son, Richard Henry Dana III , married Edith Longfellow, daughter of Henry Wadsworth Longfellow . Additional biographical information and insights into

9240-414: The area uncontested upon the arrival of large groups of English settlers in 1630. In December 1630, the site of present-day Cambridge was chosen for settlement because it was safely upriver from Boston Harbor , making it easily defensible from attacks by enemy ships. The city was founded by Thomas Dudley , his daughter Anne Bradstreet , and his son-in-law Simon Bradstreet . The first houses were built in

9372-473: The bursting of the United States housing bubble in 2008 and 2009. Cambridge has been a sanctuary city since 1985 and reaffirmed its status as such in 2006. According to the U.S. Census Bureau , Cambridge has a total area of 7.1 square miles (18 km ), 6.4 square miles (17 km ) of which is land and 0.7 square miles (1.8 km ) (9.82%) of which is water. Cambridge is located in eastern Massachusetts, bordered by: The border between Cambridge and

9504-548: The carving up of the last estates into residential subdivisions to house the thousands of immigrants who arrived to work in the new industries. For much of the 19th and early 20th centuries, the city's largest employer was the New England Glass Company , founded in 1818. By the middle of the 19th century, it was the world's largest and most modern glassworks. In 1888, Edward Drummond Libbey moved all production to Toledo, Ohio , where it continues today under

9636-406: The city . Within four years of repealing the law, Cambridge, where "the city's form of rent control was unusually strict," saw new housing and construction increase by 50%, and the tax revenue from construction permits tripled. Property values in Cambridge increased by about $ 7.8 billion in the decade following the repeal. Roughly a quarter of this increase, $ 1.8 billion ($ 3 billion in 2024 dollars),

9768-477: The city. The population density was 16,354.9 inhabitants per square mile (6,314.7/km ). There were 47,291 housing units at an average density of 7,354.7 per square mile (2,839.7/km ). The racial makeup of the city was 66.60% White , 11.70% Black or African American , 0.20% Native American , 15.10% Asian (3.7% Chinese , 1.4% Asian Indian , 1.2% Korean , 1.0% Japanese ), 0.01% Pacific Islander , 2.10% from other races, and 4.30% from two or more races. 7.60% of

9900-573: The construction of West Boston Bridge in 1792 connecting Cambridge directly to Boston , making it no longer necessary to travel eight miles (13 km) through the Boston Neck , Roxbury , and Brookline to cross the Charles River . A second bridge, the Canal Bridge, opened in 1809 alongside the new Middlesex Canal . The new bridges and roads made what were formerly estates and marshland into prime industrial and residential districts. In

10032-507: The court to exercise jurisdiction over maritime property. For example, in a petitory and possession action, a vessel whose title is in dispute, usually between co-owners, will be put in the possession of the court until the title dispute can be resolved. In a limitation action, the shipowner will post a bond reflecting the value of the vessel and her pending freight. A sixth category, that of prize , relating to claims over vessels captured during wartime, has been rendered obsolete due to changes in

10164-520: The creation of neighboring Somerville from the formerly rural parts of Charlestown . Cambridge was incorporated as a city in 1846. The city's commercial center began to shift from Harvard Square to Central Square, which became the city's downtown around that time. Between 1850 and 1900, Cambridge took on much of its present character, featuring streetcar suburban development along the turnpikes and working class and industrial neighborhoods focused on East Cambridge, comfortable middle-class housing on

10296-504: The crew after the rounding of the Horn. In White-Jacket , Herman Melville wrote, "But if you want the best idea of Cape Horn, get my friend Dana's unmatchable Two Years Before the Mast . But you can read, and so you must have read it. His chapters describing Cape Horn must have been written with an icicle." On September 22, 1836, Dana arrived back in Massachusetts. He then enrolled at what

10428-703: The eastern part of Cambridge, has been called "the most innovative square mile on the planet" due to the high concentration of startup companies that have emerged there since 2010. Founded in December 1630 during the colonial era , Cambridge was one among the first cities established in the Thirteen Colonies , and it went on to play a historic role during the American Revolution . In May 1775, approximately 16,000 American patriots assembled in Cambridge Common to begin organizing

10560-410: The edge of a salt marsh (since filled) remains within a small park at the corner of John F. Kennedy and Winthrop Streets. In 1636, Newe College, later renamed Harvard College after benefactor John Harvard , was founded as North America's first institution of higher learning . Its initial purpose was training ministers . According to Cotton Mather , Newtowne was chosen for the site of the college by

10692-507: The enemy of all mankind. While the flag state normally has jurisdiction over a ship on the high seas, there is universal jurisdiction in the case of piracy, which means that any nation may pursue pirates on the high seas, including pursuing them into a country's territorial waters. Most nations have signed onto the 1982 United Nations Convention on the Law of the Sea which dictates the legal requirements for pursuing pirates. Merchant vessels transiting areas of increased pirate activity (i.e.

10824-588: The era of rent control in Massachusetts , at least 20 percent of all rent controlled apartments in Cambridge housed the rich. The vast majority housed middle- and high-income earners. In an independent study conducted of 2/3 of the rent controlled apartments in Cambridge in 1988, 246 were households headed by doctors, 298 by lawyers, 265 by architects, 259 by professors, and 220 by engineers. There were 2,650 with students, including 1,503 with graduate students. Those who lived in rent controlled apartments included The end of rent control in 1994 had numerous effects on

10956-468: The first American minister to Russia and later became chief justice of the Supreme Court of Massachusetts; his father was distinguished as a man of letters. He entered Harvard College in 1831; but near the beginning of his third year an attack of measles left his eyesight so weak that study was impossible. Tired of the tedium of a slow convalescence, he decided on a sea voyage; and choosing to go as

11088-657: The first network router in 1969 and hosted the invention of computer-to-computer email in 1971. The 1980s brought a wave of high technology startups. Those selling advanced minicomputers were overtaken by the microcomputer . Cambridge-based VisiCorp made the first spreadsheet software for personal computers, VisiCalc , and helped propel the Apple II to consumer success. It was overtaken and purchased by Cambridge-based Lotus Development , maker of Lotus 1-2-3 (which was, in turn, replaced in by Microsoft Excel ). The city continues to be home to many startups. Kendall Square

11220-848: The following year ( https://www.imo.org/en/About/HistoryOfIMO/Pages/Default.aspx ). The IMO has prepared numerous international conventions concerning maritime safety, including the International Convention for the Safety of Life at Sea (SOLAS), the Standards for Training, Certification, and Watchkeeping ( STCW ), the International Regulations for Preventing Collisions at Sea (Collision Regulations or COLREGS), Maritime Pollution Regulations ( MARPOL ), International Convention on Maritime Search and Rescue (SAR Convention) and others. The United Nations Convention on

11352-651: The force of Patriot soldiers camped on Cambridge Common on July 3, 1775, which is now considered the birthplace of the Continental Army . On January 24, 1776, Henry Knox arrived with an artillery train captured from Fort Ticonderoga , which allowed Washington to force the British Army to evacuate Boston . Most of the Loyalist estates in Cambridge were confiscated after the Revolutionary War . Between 1790 and 1840, Cambridge grew rapidly with

11484-598: The individual signatory nations, either through their Port State Control , or through their national courts. Cases within the ambit of the European Union 's EMSA may be heard by the CJEU in Luxembourg . By contrast, disputes involving the Law of the Sea may be resolved at ITLOS in Hamburg , provided that the parties are signatories to UNCLOS . Throughout history, piracy has been defined as hostis humani generis , or

11616-619: The late 1990s; it underwent gentrification in recent years (in conjunction with the development of the nearby University Park at MIT ), and continues to grow more costly. It is served by the Central Station stop on the MBTA Red Line subway. Lafayette Square , formed by the junction of Massachusetts Avenue, Columbia Street, Sidney Street, and Main Street, is considered part of the Central Square area. Cambridgeport

11748-416: The late 19th century, various schemes for annexing Cambridge to Boston were pursued and rejected. Newtowne's ministers, Hooker and Shepard, the college's first president , the college's major benefactor, and the first schoolmaster Nathaniel Eaton were all Cambridge alumni, as was the colony's governor John Winthrop. In 1629, Winthrop had led the signing of the founding document of the city of Boston, which

11880-458: The law of international commerce , substituted for the original, legitimate " common law " system as part of a broader conspiracy which secretly replaced governments with corporations . The judiciary hence became admiralty courts with no actual jurisdiction over people. Sovereign citizens notably claim that the presence of gold fringes on the American flags displayed in courtrooms

12012-453: The laws and practices of warfare. Aside from those five types of cases, all other maritime cases, such as claims for personal injuries, cargo damage, collisions, maritime products liability, and recreational boating accidents may be brought in either federal or state court. From a tactical standpoint it is important to consider that in federal courts in the United States, there is generally no right to trial by jury in admiralty cases, although

12144-529: The life of Richard Henry Dana Jr. are in the "Introductory Note" to the Harvard Classics edition of Two Years Before the Mast , edited by Charles W. Eliot, L.L.D., and published by P.F. Collier & Son in 1909. Here is an excerpt: Richard Henry Dana, the second of that name, was born in Cambridge, Massachusetts, August 1, 1815. He came of a stock that had resided there since the days of the early settlements; his grandfather, Francis Dana , had been

12276-421: The mid-19th century, Cambridge was the center of a literary revolution. It was home to some of the famous Fireside poets , named because their poems would often be read aloud by families in front of their evening fires. The Fireside poets, including Henry Wadsworth Longfellow , James Russell Lowell , and Oliver Wendell Holmes , were highly popular and influential in this era. Soon after, turnpikes were built:

12408-460: The more modern era, Supreme Court Justice Oliver Wendell Holmes was an admiralty lawyer before ascending to the bench. Matters dealt by admiralty law include marine commerce, marine navigation , salvage , maritime pollution , seafarers' rights , and the carriage by sea of both passengers and goods . Admiralty law also covers land-based commercial activities that are maritime in character, such as marine insurance. Some lawyers prefer to reserve

12540-405: The most incredible part of the journey the weeks and weeks it took to negotiate passage against winds and storms—all the while having to race up and down the ice-covered rigging to furl and unfurl sails. At one point he had an infected tooth, and his face swelled up so that he was unable to work for several days, despite the need for all hands. He also describes the scurvy that afflicts members of

12672-579: The name Anmoughcawgen , which means 'fishing weir' or 'beaver dam' in Natick . At the time of European contact, the area was inhabited by Naumkeag or Pawtucket to the north and Massachusett to the south, and may have been inhabited by other groups such as the Totant, not well described in later European narratives. The contact period introduced a number of European infectious diseases which would decimate native populations in virgin soil epidemics , leaving

12804-746: The name Owens-Illinois . The company's flint glassware with heavy lead content is prized by antique glass collectors, and the Toledo Museum of Art has a large collection. The Museum of Fine Arts in Boston and the Sandwich Glass Museum on Cape Cod also house several pieces. In 1895, Edwin Ginn , founder of Ginn and Company , built the Athenaeum Press Building for his publishing textbook empire. By 1920, Cambridge

12936-403: The nation's most academically talented female students. MIT 's move from Boston to Cambridge in 1916 reinforced Cambridge's status as an intellectual center of the United States. After the 1950s, the city's population began to decline slowly as families tended to be replaced by single people and young couples. In Cambridge Highlands, the technology company Bolt, Beranek, & Newman produced

13068-574: The neighboring city of Somerville passes through densely populated neighborhoods, which are connected by the MBTA Red Line . Some of the main squares, Inman , Porter, and to a lesser extent, Harvard and Lechmere , are very close to the city line, as are Somerville's Union and Davis Squares . Through the City of Cambridge's exclusive municipal water system, the city further controls two exclave areas, one being Payson Park Reservoir and Gatehouse,

13200-478: The old Cambridgeport, and Mid-Cambridge estates and upper-class enclaves near Harvard University and on the minor hills. The arrival of the railroad in North Cambridge and Northwest Cambridge led to three changes: the development of massive brickyards and brickworks between Massachusetts Avenue , Concord Avenue , and Alewife Brook ; the ice-cutting industry launched by Frederic Tudor on Fresh Pond ; and

13332-692: The original owner (or insurer, if the vessel was insured) continues to have an interest in it, the salvor or finder will generally get the majority of the value of the property. While sunken ships from the Spanish Main (such as Nuestra Señora de Atocha in the Florida Keys ) are the most commonly thought of type of treasure salvage, other types of ships – including German submarines from World War II which can hold valuable historical artifacts, American Civil War ships (the USS Maple Leaf in

13464-734: The phrase in the Declaration of Independence "For depriving us in many cases, of the benefits of Trial by Jury" refers to the practice of the UK Parliament giving the Admiralty Courts jurisdiction to enforce the Stamp Act 1765 in the American colonies. The Stamp Act was unpopular in America, so a colonial jury would be unlikely to convict any colonist of its violation. The Admiralty Court, which has never had trial by jury,

13596-482: The population were Hispanic or Latino of any race (1.6% Puerto Rican , 1.4% Mexican , 0.6% Dominican , 0.5% Colombian & Salvadoran , 0.4% Spaniard ). Non-Hispanic Whites were 62.1% of the population in 2010, down from 89.7% in 1970. An individual resident of Cambridge is known as a Cantabrigian . In 2010, there were 44,032 households, out of which 16.9% had children under the age of 18 living with them, 28.9% were married couples living together, 8.4% had

13728-400: The presence of the vessel in its territorial jurisdiction irrespective of whether the vessel is national or not and whether registered or not, and wherever the residence or domicile or their owners may be. A vessel is usually arrested by the court to retain jurisdiction. State-owned vessels are usually immune from arrest. Canadian jurisdiction in the area of navigation and shipping is vested in

13860-411: The protection of a limitation clause to his employees, agents and third-party contractors.) Banks which loan money to purchase ships, vendors who supply ships with necessaries like fuel and stores, seamen who are due wages, and many others have a lien against the ship to guarantee payment. To enforce the lien, the ship must be arrested or seized. In the United States, an action to enforce a lien against

13992-400: The relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties. Admiralty law may be distinguished from

14124-468: The risk of injury and loss or damage to his equipment to salvage the damaged ship. Examples of high-order salvage are boarding a sinking ship in heavy weather, boarding a ship which is on fire, raising a ship or boat which has already sunk, or towing a ship which is in the surf away from the shore. Low-order salvage occurs where the salvor is exposed to little or no personal risk. Examples of low-order salvage include towing another vessel in calm seas, supplying

14256-458: The saving of property. There are two types of salvage: contract salvage and pure salvage, which is sometimes referred to as "merit salvage". In contract salvage the owner of the property and salvor enter into a salvage contract prior to the commencement of salvage operations and the amount that the salvor is paid is determined by the contract. The most common salvage contract is called a " Lloyd's Open Form Salvage Contract ". In pure salvage, there

14388-474: The shipowner is a bailment and if the carrier is to be liable as a common carrier , it must be established that the goods were placed in the carrier's possession and control for immediate carriage. Seamen injured aboard ship have three possible sources of compensation: the principle of maintenance and cure, the doctrine of unseaworthiness, and the Jones Act . The principle of maintenance and cure requires

14520-431: The shipowner to provide a seaman with his basic living expenses while he is convalescing. Once a seaman is able to work, he is expected to maintain himself. Consequently, a seaman can lose his right to maintenance, while the obligation to provide cure is ongoing. A seaman who is required to sue a shipowner to recover maintenance and cure may also recover his attorneys fees. Vaughan v. Atkinson , 369 U.S. 527 (1962). If

14652-456: The skills of the salvor, the peril to which the salvaged property was exposed, the value of the property which was risked in effecting the salvage, the amount of time and money expended in the salvage operation, etc. A pure or merit salvage award will seldom exceed 50 percent of the value of the property salved. The exception to that rule is in the case of treasure salvage. Because sunken treasure has generally been lost for hundreds of years, while

14784-402: The southern end of New England's interior. Abundant rain falls on the city (and in the winter often as snow); it has no dry season. The average January temperature is 26.6 °F (−3 °C), making Cambridge part of Group D, independent of the isotherm. There are four well-defined seasons. As of the census of 2010, there were 105,162 people, 44,032 households, and 17,420 families residing in

14916-415: The spring of 1631. The settlement was initially referred to as "the newe towne". Official Massachusetts records show the name rendered as Newe Towne by 1632, and as Newtowne by 1638. Located at the first convenient Charles River crossing west of Boston , Newtowne was one of several towns, including Boston, Dorchester , Watertown , and Weymouth , founded by the 700 original Puritan colonists of

15048-590: The term "admiralty law" for "wet law" (e.g. salvage, collisions, ship arrest, towage, liens and limitation), and use "maritime law" only for "dry law" (e.g. carriage of goods and people, marine insurance , and the Maritime Labour Convention ). The doctrine of maintenance and cure is rooted in Article VI of the Rolls of Oléron promulgated in about 1160 A.D. The obligation to "cure" requires

15180-515: The town comprising farms and estates. Most inhabitants were descendants of the original Puritan colonists, but there was also a small elite of Anglican "worthies" who were not involved in village life, made their livings from estates, investments, and trade, and lived in mansions along "the Road to Watertown", present-day Brattle Street , which is still known as Tory Row . The Virginian George Washington , coming from Philadelphia , took command of

15312-532: The two! Which will you have? His sentiments were echoed by future U.S. President James A. Garfield in his speeches, who agreed with Dana's message. Cambridge, Massachusetts Cambridge ( / ˈ k eɪ m b r ɪ dʒ / KAYM -brij ) is a city in Middlesex County, Massachusetts , United States. It is a suburb in the Greater Boston metropolitan area, located directly across

15444-495: Was a member of the Massachusetts legislature and also served as a U.S. counsel in the trial of Confederate President Jefferson Davis . On August 24, 1868, Dana wrote a letter to Attorney General William Evarts arguing that the United States should abandon the prosecution because, even though there was no doubt that Davis had committed treason, a jury in Virginia would be unlikely to convict, which "would be most humiliating to

15576-489: Was a software hub through the dot-com boom and today hosts offices of such technology companies as Google, Microsoft , and Amazon . The Square also now houses the headquarters of Akamai . In 1976, Harvard's plans to start experiments with recombinant DNA led to a three-month moratorium and a citizen review panel. In the end, Cambridge decided to allow such experiments but passed safety regulations in 1977. This led to regulatory certainty and acceptance when Biogen opened

15708-529: Was defeated in the Senate by political enemies William Beach Lawrence and Benjamin Butler, partly because of a lawsuit for plagiarism brought against him for a legal textbook he had edited, Henry Wheaton 's Elements of International Law (8th ed., 1866). Immediately after the book's publication, Dana had been charged by the editor of two earlier editions, William Beach Lawrence, with infringing his copyright, and

15840-505: Was done in 2001 to handle the constantly upgrading modern shipping industry. The purpose of the Pakistan Merchant Shipping Ordinance 2001 is to provide a strategy and rules under which the government authorities will function in dealing with stuff related to the shipping industry. This law also handles duties internationally required under the ILO ( International Labour Organization ) conventions as Pakistan

15972-548: Was due to the repeal of rent control. Close to 40% of all Cambridge properties were under rent control when it was repealed. Their property values appreciated faster than non-rent controlled properties, as did the properties around them. By the end of the 20th century, Cambridge had one of the most costly housing markets in the Northeastern United States . Cambridge's mix of amenities and proximity to Boston kept housing prices relatively stable despite

16104-645: Was effectively the King's Bench sitting to hear nautical cases. The Senior Courts Act 1981 then clarified the admiralty jurisdiction of the Queen's Bench, so England and Wales once again has a distinct Admiralty Court (albeit no longer based in the Royal Courts of Justice , but in the Rolls Building ). English Admiralty courts were a prominent feature in the prelude to the American Revolution . For example,

16236-501: Was embraced by the town's founders. Harvard University , an Ivy League university founded in Cambridge in 1636, is the oldest institution of higher learning in the United States. Massachusetts Institute of Technology (MIT), Lesley University , and Hult International Business School also are based in Cambridge. Radcliffe College , a women's liberal arts college, was based in Cambridge from its 1879 founding until its assimilation into Harvard in 1999. Kendall Square , near MIT in

16368-428: Was infamous as a disciplinarian who punished his students for any infraction by flogging. He also often pulled students by their ears and, on one such occasion, nearly pulled Dana's ear off, causing the boy's father to protest enough that the practice was abolished. In 1825, Dana enrolled in a private school overseen by Ralph Waldo Emerson , whom Dana later mildly praised as "a very pleasant instructor", though he lacked

16500-693: Was involved in litigation that continued for thirteen years. In such minor matters as arrangement of notes and verification of citations the court found against Dana, but in the main Dana's notes were vastly different from Lawrence's. In 1877, Dana was one of the counsel for the U.S. federal government , appearing before the Halifax Fisheries Commission , appointed under the Treaty of Washington (1871) to resolve outstanding issues, including fishing rights. The Commission gave an award directing

16632-521: Was known as the Cambridge Agreement , after the university. In 1650, Governor Thomas Dudley signed the charter creating the corporation that still governs Harvard College. Cambridge grew slowly as an agricultural village eight miles (13 km) by road from Boston, the colony 's capital. By the American Revolution , most residents lived near the Common and Harvard College, with most of

16764-743: Was nicknamed "Confectioner's Row". Only the Cambridge Brands subsidiary of Tootsie Roll Industries remains in town, still manufacturing Junior Mints in the old Welch factory on Main Street. The Blake and Knowles Steam Pump Company (1886), the Kendall Boiler and Tank Company (1880, now in Chelmsford, Massachusetts ), and the New England Glass Company (1818–1878) were among the industrial manufacturers in what are now Kendall Square and East Cambridge. In 1935,

16896-633: Was one of New England 's main industrial cities, with nearly 120,000 residents. Among the largest businesses in Cambridge during the period of industrialization was Carter's Ink Company , whose neon sign long adorned the Charles River and which was for many years the world's largest ink manufacturer. Next door was the Athenaeum Press. Confectionery and snack manufacturers in the Cambridgeport-Area 4-Kendall corridor included Kennedy Biscuit Factory, later part of Nabisco and originator of

17028-525: Was one of the earliest channels of commerce, and rules for resolving disputes involving maritime trade were developed early in recorded history. Early historical records of these laws include the Rhodian law ( Nomos Rhodion Nautikos ), of which no primary written specimen has survived, but which is alluded to in other legal texts (Roman and Byzantine legal codes), and later the customs of the Consulate of

17160-479: Was renamed "Baldwin" in 2021, and so some know the area better by its former name, Agassiz, after the famed scientist Louis Agassiz . Porter Square is about a mile north on Massachusetts Avenue from Harvard Square, at the junction of Massachusetts and Somerville Avenues. It includes part of the city of Somerville and is served by the Porter Square Station , a complex housing a Red Line stop and

17292-683: Was the French Queen Eleanor of Aquitaine . Eleanor had learned about admiralty law while on the Second Crusade in the eastern Mediterranean with her first husband, King Louis VII of France . Eleanor then established admiralty law on the island of Oléron , where it was published as the Rolls of Oléron . Some time later, while she was in London acting as regent for her son, King Richard I of England , Eleanor instituted admiralty law into England as well. In England and Wales ,

17424-836: Was thus given jurisdiction so a colonist charged with breaching the Stamp Act could be more easily convicted by the Crown. Admiralty law gradually became part of United States law through admiralty cases arising after the adoption of the U.S. Constitution in 1789. Many American lawyers who were prominent in the American Revolution were admiralty and maritime lawyers. Those included are Alexander Hamilton in New York and John Adams in Massachusetts . In 1787, Thomas Jefferson wrote to James Madison proposing that

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