Martial Admiralty jurisdiction


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Posted by Jay P Rutledge on September 29, 1997 at 07:20:14:

In Reply to: Re: Admiralty jurisdiction posted by Common Right Group at San Diego county on May 28, 1997 at 03:49:10:

The US Supreme Court accommodated martial law to the Constitution. Ex Parte Milligan
is a defining case. Other cases followed.
This accommodation created a new venue, Martial, in a constitutionally civil
jurisdiction, Admiralty.
The precedent and model for the Supreme Court's accommodation
is in English Admiralty, which is
overtly the King's or the Sovereign's venue, and inherently
therefore martial. This Martial Admiralty jurisdiction of
the English Sovereign is the jurisdiction referred to
by Adams, Henry, Jefferson, and other patriots of the
War of Independence. It is not a jurisdiction which
was contemplated by the Framers of the Constitution.
American Admiralty jurisdiction was originally and
for many years a jurisdiction for civil law
controversies. It was only after the martial venue
was accommodated to the Constitution that
criminal cases were brought into the scope of
admiralty jurisdiction. Offenses against the
Law of Nations, which includes all federal criminal and
tax offenses ( and certain State crimes and infractions, too )
are brought into the martial venue of admiralty.
American Martial Admiralty and English Admiralty
at the time of the Revolution are very much alike.
Martial Admiralty amounts to martial law rule in the
civil courts in a Constitutionally civil jurisdiction.
This is contrary to the organic law in which by
the Petition of Right in 1628, Martial Law rule
was foresworn by the Crown and security from it was
guaranteed forever. It is also contrary to specific
prohibitions in the Constitutions of several states.
So, by accommodating Executive Martial Rule to the Constitution,
the Supreme Court has created a very serious problem.




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