Courts of Admirality in Colonial America: The Maryland Experience, 1634–1776 - David R. Owen

Courts of Admirality in Colonial America: The Maryland Experience, 1634–1776 David R. Owen ISBN 9780890898567

After conducting extensive manuscript research on both sides of the Atlantic, David Owen and Michael Tolley have written a book that examines the admiralty law system as it was transmitted from England to America. Though the emphasis is on the Maryland experience, the authors make comparisons with developments in England and in other colonies. The result is an interpretation of an area of law and authority in early America which is relevant to a national history of law.

The references in the literature to colonial courts of admiralty are often made in connection with the mounting struggle with the Crown which followed the Stamp Act controversy of 1765. This emphasis, the authors argue, results in an incomplete picture of the role played by these 17th-18th century institutions. By expanding the inquiry to include developments well before and even after the Revolution, the importance of these institutions can be appreciated more fully.

The format of this book makes it attractive to both the general reader, interested in the bearing of the colonial period on the development of American law in the early years of the Republic, and to the specialist, interested in how these courts worked, who used them and with what results.

Courts of Admiralty in Colonial America is the product of a collaborative effort between an admiralty law specialist and a political scientist interested in American constitutional development. Owen and Tolley trace the development of the unique principles of the admiralty from their origin in Europe through England to the colonies — and ultimately to the United States — and place the Maryland case study within a broader context by making comparison with developments in other colonies and integrating legal history with the general history of colonial America. The book also provides insight into the trials of maritime cases in the 17th and 18th centuries and explains how the colonial vice admiralty courts became the source and model for the subsequent development of federal admiralty jurisdiction and procedure.

Courts of Admirality in Colonial America: The Maryland Experience, 1634–1776 David R. Owen ISBN 9780890898567, 978-0890898567 & 978-08908-98567

Authors
David R. Owen
Michael C. Tolley