New York (State). Court of Admiralty

The colonial courts of vice admiralty were branches of the High Court of Admiralty in London. The New York court covered New York, New Jersey, and Connecticut.

The governor was commissioned as vice admiral but he appointed the presiding judge and other officers of the court. Jurisdiction of the court included all litigation relating to maritime commerce, though certain types of cases could be tried either in this court or in the regular common law courts. Unlike the common law court, the court of vice admiralty did not employ juries, and its procedure was in many respects based on civil (Roman), not common law.

The vice admiralty courts exercised jurisdiction over three kinds of cases: (1) ordinary marine cases, among which suits for salvage and seamen's wages were the most common; (2)cases of prize vessels and cargoes taken in wartime; and (3) cases arising out of breaches of the acts of trade and navigation and other parliamentary measures, such as the provisions of the Naval Stores Act that forbade the cutting of white pines suitable for ship masts. The latter jurisdiction gave the colonial vice admiralty courts more extensive powers than those of the High Court of Admiralty and the local vice admiralty courts in England, where violations of revenue and navigation laws were heard not in admiralty but in Exchequer. This practice was developed during the years when the British government was endeavoring to enforce the Navigation Acts and to see that the King was not defrauded of his revenues. Since juries would not convict their fellow colonials in trade cases, the vice admiralty courts, which functioned without juries, were used to recover the penalties and forfeitures imposed by the acts. Appeals were taken to the King in Council or to the High Court of Admiralty.

The principal American judicial system during the Revolution was in admiralty. On November 25, 1775, the Continental Congress adopted resolutions authorizing the capture of prizes on the high seas and calling upon the states to erect courts of admiralty or to vest existing tribunals with the requisite authority, for the purpose of determining cases of capture. It was directed that in all cases an appeal should be allowed to Congress or to such person or persons as Congress should appoint for the trial of appeals. In some states the courts were established with powers regulated by statute; in others, where an admiralty court had previously existed, the court was retained and a judge was appointed to exercise the same powers that the judges of the colonial vice admiralty had exercised. Such was the case in New York. Although provision for a court of admiralty was made by the state as early as March 16, 1778, the court was not active until 1784, inasmuch as the state's maritime counties were occupied by the British from the autumn of 1776 to the end of the war. The United States Constitution vested admiralty jurisdiction exclusively in the federal courts; consequently, upon the adoption of that instrument by New York in 1789, the State Court of Admiralty ceased to exist.

From the description of Court of Admiralty Agency History Record. (New York State Archives). WorldCat record id: 82756142

The colonial courts of vice admiralty were branches of the High Court of Admiralty in London. The New York court covered New York, New Jersey, and Connecticut.

The governor was commissioned as vice admiral but he appointed the presiding judge and other officers of the court. Jurisdiction of the court included all litigation relating to maritime commerce, though certain types of cases could be tried either in this court or in the regular common law courts. Unlike the common law court, the court of vice admiralty did not employ juries, and its procedure was in many respects based on civil (Roman), not common law.

The vice admiralty courts exercised jurisdiction over three kinds of cases: (1) ordinary marine cases, among which suits for salvage and seamen's wages were the most common; (2)cases of prize vessels and cargoes taken in wartime; and (3) cases arising out of breaches of the acts of trade and navigation and other parliamentary measures, such as the provisions of the Naval Stores Act that forbade the cutting of white pines suitable for ship masts. The latter jurisdiction gave the colonial vice admiralty courts more extensive powers than those of the High Court of Admiralty and the local vice admiralty courts in England, where violations of revenue and navigation laws were heard not in admiralty but in Exchequer. This practice was developed during the years when the British government was endeavoring to enforce the Navigation Acts and to see that the King was not defrauded of his revenues. Since juries would not convict their fellow colonials in trade cases, the vice admiralty courts, which functioned without juries, were used to recover the penalties and forfeitures imposed by the acts. Appeals were taken to the King in Council or to the High Court of Admiralty.

The principal American judicial system during the Revolution was in admiralty. On November 25, 1775, the Continental Congress adopted resolutions authorizing the capture of prizes on the high seas and calling upon the states to erect courts of admiralty or to vest existing tribunals with the requisite authority, for the purpose of determining cases of capture. It was directed that in all cases an appeal should be allowed to Congress or to such person or persons as Congress should appoint for the trial of appeals. In some states the courts were established with powers regulated by statute; in others, where an admiralty court had previously existed, the court was retained and a judge was appointed to exercise the same powers that the judges of the colonial vice admiralty had exercised. Such was the case in New York. Although provision for a court of admiralty was made by the state as early as March 16, 1778, the court was not active until 1784, inasmuch as the state's maritime counties were occupied by the British from the autumn of 1776 to the end of the war. The United States Constitution vested admiralty jurisdiction exclusively in the federal courts; consequently, upon the adoption of that instrument by New York in 1789, the State Court of Admiralty ceased to exist.

From the New York State Archives, Cultural Education Center, Albany, NY. Agency record NYSV89-A1263