Vice admiralty court
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Vice admiralty courts were
American Colonies
American maritime activity had been primarily self-regulated in the early to mid-17th century. Smaller maritime issues were settled at court in local jurisdictions, prior to the establishment of courts to specialize in admiralty. In the colony of Massachusetts Bay, for instance, a maritime code to specialize in maritime legislation was created and in 1674 the Court of Assistants was established to determine all cases of admiralty. Typically the courts were presided over by a judge, unless it was deemed more suitable to be presided over by a jury. This was similar in Maryland, where a so-called 'Court of Admiralty' heard cases of maritime issues including sailor's wages, the carriage of goods and piracy.[1] Originally these courts dealt primarily with commercial matters, and the judges which presided over them were appointed by the local population and were paid from the colonial treasuries. Their jurisdiction expanded, however, during the French and Indian War, to the condemnation of enemy ships including disposing of their possessions. It was not until the passage and the later stricter enforcement of the Navigation Acts by the British parliament from the 1650s through to the 1770s that the British government were granted more power over American maritime issues, as vice-admiralty courts began to enforce customs and hear criminal trials for smuggling.
In the 18th century, the British passed a variety of laws aimed at combating illegal smuggling in the American colonies. Americans had developed trade relationships with places such as southern Europe, the Netherlands and the West Indies, despite the fact that the Navigation Acts intended to give Great Britain a trade monopoly with its American colonies. The
The courts became quickly unpopular. This was not only because of the express prohibition of jury trials or the fact that vice-admiralty judges tended to believe that common law courts did not have superior status. It was also because a whole range of technical issues confused the legal system. It was often not clear whether vice-admiralty courts had jurisdiction over creeks or bays, or whether the governor could create vice-admiralty courts through vice-regal powers, or whether or not there was a clear method of separating the jurisdictions and procedures of vice-admiralty and common law jurisdiction.[3] As a consequence of this, vice-admiralty courts became ineffective and, as many colonists perceived, unjust.
American Revolution
In the early years of the
The Vice-Admiralty Courts were met with extensive protest from the colonies, and it became an important factor in motivating colonists to sever the political ties with their mother country. Many felt as though their right to be tried by their peers, a right which was seen as being part of the privilege of being an English subject, was being denied to them. From 1764 to 1768, it was often complained that it was unjust for a merchant, whose ship may be seized in Georgia, to travel 1,500 miles from Georgia to the court in Halifax to defend his property.[5] Further criticisms was that the owner of the ship or maritime goods seized had to post a large bond before allowing to defend himself. Additionally, even if his trial ended in acquittal, he would still be required to pay costs.[6]
It was argued by American colonists that Vice-Admiralty judges were corrupt and often abused their power. In the proceedings of the
When the
Australia
The first Vice-Admiralty Court established in Australia was in the colony of New South Wales in 1788. The first Vice-Admiral was Arthur Phillip and the first judge was Robert Ross. The court was abolished in 1911, when the Supreme Court of New South Wales was granted the Admiralty jurisdiction of the court.
Canada
A Vice Admiralty Court was formed in Nova Scotia to try smugglers and to enforce the Sugar Act of 1764 throughout British North America. From 1763–1765, when American smugglers were caught, they were tried by corrupt judges who received a percentage of the confiscated goods, if the defendants were found guilty; therefore, defendants were less than likely to be found innocent. References required for the assertion of corrupt judges.
Sierra Leone
The Sierra Leone Court of Vice Admiralty was founded by
The first judge was Alexander Smith, a former shopkeeper, but he was replaced in 1808 by
Notes
- ^ Mangone, G, 1997, US Admiralty Law, p.24-25
- ISBN 0-7425-2173-7.
- ^ Rabushka, A, 2008, Taxation, pp.315-317
- ISBN 978-0-87220-705-9.
- ISBN 1-58477-621-8.
- ISBN 978-0299146641.
- ^ Journal of the Proceedings of Congress Held at Philadelphia, September 5th, 1774: Containing, the Bill of Rights, a List of Grievances, Occasional Resolves, the Association, an Address to the People of Great Britain, a Memorial to the Inhabitants of the British American Colonies, And, an Address to the Inhabitants of the Province of Quebec ... To which is Added, ... an Authentic Copy of the Petition to the King. J. Almon, opposite Burlington-House, in Piccadilly, 1775. p. 58.
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ignored (help) - ^ Mangone, G, 1997, US Admiralty Law, p.26
- ^ Rabushka, A, 2008, p.739
- ^ Dalrymple, Sir John at the request of Lord North. Address of the People of Great Britain to the Inhabitants of America. American Archives: Fourth Series, containing a Documentary History of the English Colonies in North America, from The King's Message to Parliament, of March 7, 1774, to the Declaration of Independence by the United States (Vol. 1), M. St Clair Clarke and Peter Force, 1833. p. 1424.
- ISBN 1593312776.
- ^ JSTOR 20455647. Retrieved 27 February 2016.
- ISBN 9781922144034.
References
- Mangone, G. (1997). United States Admiralty Law. The Hague: Kluwer Law International. ISBN 90-411-0417-8
- ISBN 9780691168234