Common Law vs. Admiralty or Commercial Law
Admiralty law was introduced into England by the French Queen Eleanor of Aquitaine while she was acting as regent for her son, King Richard the Lionheart. She had earlier established admiralty law on the island of Oleron in heown lands (although she is often referred to in admiralty law books as “Eleanor of Guyenne”), having learned about it in the eastern Mediterranean while on a Crusade with her 1st husband, King Louis VII of France. In England, special admiralty courts handle all admiralty cases. These courts don’t use the common law of England, but are civil law courts largely based upon the Corpus Juris Civilis of Justinian. Admiralty courts were a prominent feature in the prelude to the American Revolution. For example, 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 Parliament giving the Admiralty Courts jurisdiction to enforce The Stamp Act in the American Colonies. Because the Stamp Act was unpopular, a colonial jury was unlikely to convict a colonist of its violation. However, because admiralty courts didn’t grant trial by jury, a colonist accused of violating the Stamp Act could be more easily convicted by the Crown.
Admiralty law became part of the law of the United States as it was gradually introduced 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 in their private lives. Those included are Alexander Hamilton in New York and John Adams in Massachusetts.z
In 1787 John Adams, who was then ambassador to France, wrote to James Madison proposing that 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 [as opposed the law of admiralty] and not by the laws of Nations [i.e. not by the law of admiralty]”. The result was the Seventh Amendment to the U.S. Constitution. 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 the more modern era, Supreme Court Justice Oliver Wendell Holmes was an admiralty lawyer before ascending to the federal bench.
1. this site has been taken down.here
2. And here SITE TAKEN DOWN – I read this 20 years ago.
3. Australian Site – Is our government a company registered in Washington USA? The answer is yes. The Commonwealth of Australia is registered as a company in Washington USA.
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4. Australia Pty. Ltd. – Here is a video worth looking at
5. Defending against corporate law – Mr Tertelgte hearing
6. THIS SITE WAS TAKEN DOWN…Queen Elizabeth Arrest Warrant – this evil person and her family have been fraudulent…read more.