Artifact found in Lake Michigan may Belong to France
Posted on July 30, 2008
Filed Under Local, News, US Laws & Codes | Leave a Comment
The Charlevoix Courier ran a July 8, 2008, article discribing the recovery of a “four-inch long piece of wood” from Lake Michigan by Mr. Steven Libert [read article here]. United States Marshals appropriated the “artifact,” giving the Federal Court System “constructive possession” of the shipwreck. The question of “jurisidiction over the unidentified wreck” has led to a confrontation between Mr. Libert, the State of Michigan, the United States Federal Government and France. This question of maritime law begins with the initial query – “Which Court has Authority?”
Mr. Steven Libert said,
“I guess the A.G’s [United States Attorney General's] office still refuses to believe that Federal Law supersedes State law on matters of admiralty claims.”
Article III, Section 2 of the United States Constitution gives jurisdiction to Federal Courts in questions relating to “all Cases of admiralty and maritime Jurisdiction;….” Mr. Libert had been in conflict with State of Michigan officials, who had hindered his efforts to investigate the wreckage site.
Mr. Libert suggests that his interest is primarily scientific; perhaps, he wishes the wreck would be designated a National Historic Landmark. Although, his “illegal” recovery seems audacious, it was the “action” required by courts to try the case. US Maritime Law requires “facts” and an “action” for court proceedings. Mr. Libert has “forced” the United States Federal Court to try him. If the United States Federal Court tries Mr. Libert, it tacitly accepts US Maritime jurisdiction over the case.
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