Admiralty Law in Nineteenth Century California

Abstract

California lawmakers in the period 1850-1890 attempted to provide accessible formus and legislation attuned to the states' commercial problems and developed admiralty law which conflicted with the U.S. Constitution. While the leading cases are well-known to constitutional historians and admiralty lawyers, the California cases and their struggle with issues of sovereignty and federalism are little known in state history. The cases demonstrate a vital sense of state sovereignty, encouraged by a confused federal admiralty law, and illustrate the continuing effort of California lawmakers to provide commerce with useable law in a frontier state.