Hello ATS,

Ok here is the history of Admiralty/Marine Law:

Just what is this Law of Admiralty? Admiralty Law encompasses all controversies arising out of acts done upon or relating to the sea, and questions of prize. Prize is that law dealing with war, and the spoils of war -- such as capture of ships, goods, materials, property -- both real and personal, etc.

Another way to understand admiralty law -- it is the command enforcement necessary to maintain the good order and discipline on a ship, especially as a ship was operated in the mid-1700's. As the availability of crewmembers was a finite problem in the middle of the ocean, the enforcement of ship law had more to do with getting wayward crewmembers back into a state of obedience and usefulness, rather than as the imposition of lawful punishments -- the latter being the purpose of law enforcement on the land.

Maritime Law is that system of law that particularly relates to commerce and navigation. Because of this fact, as you will see, you don't have to be on a ship in the middle of the sea to be under Admiralty Jurisdiction. This jurisdiction can attach merely because the subject matter falls within the scope of Maritime Law -- and, bills, notes, cheques and credits are within the scope of Maritime Law.

Admiralty Law grew and developed from the harsh realities and expedient measures required to survive at sea. It has very extensive jurisdiction of maritime cases, both civil and criminal. Because of its genesis, it contains a harsh set of rules and procedures where there is no right to trial by jury, no right to privacy, etc. In other words, there are no rights under this jurisdiction -- only privileges granted by the Captain of the maritime voyage.

For instance: in this jurisdiction there is no such thing as a right not to be compelled to testify against oneself in a criminal case -- the Captain can; however, if he wishes, grant you the privilege against self-incrimination. There's no such thing as a right to use your property on the public highways -- but the Captain may grant you the privilege to do so, if he so chooses. There is no such thing as a right to operate your own business -- only a privilege allowed as long as you perform according to the captain's regulations.

Having identified the symptoms of the problem, we must diagnose the cause to find a solution. We have been fighting the effects too long while the disease rages unabated. Since we have identified the cause, and understand its nature and characteristics, we [hopefully] can build a winning case.

BR
PPL