CHAPTER III

FRANCE

France has been rightly termed the bounty-giving nation _par

excellence_.[BD] She first adopted a policy of State protection of

native shipping in the middle of the sixteenth century with the

enactment (1560) of an exclusive Navigation Act, forbidding her subjects

to freight foreign vessels in any port of the realm, and prohibiting

foreign ships from carrying any kind of merchandise from French

ports.[BE] This was followed up in the next century with the institution

of the direct bounty system to foster French-built ships.[BD]

In the reign of Louis XIV, Colbert, Louis's celebrated finance minister,

perfected (about 1661) an elaborate system of navigation laws, evidently

copied from the rigorous English code. This was directed primarily

against the commerce of Holland and England, with the ultimate object of

upbuilding the home merchant marine and the laying of a broad basis for

a national navy.[BF] These acts included decrees giving French ships the

monopoly of trade to and from the colonies of France; imposing tonnage

duties on foreign shipping; awarding direct premiums on French-built

ships. England retaliated immediately. Holland remonstrated first, then

made reprisals. For a time under Colbert's energetic administration of

the finances and the marine, "prosperity grew apace. At the end of

twelve years everything was flourishing."[BG] Then came the six years'

war (1672-1678) with France and England combined against Holland, and at

its end the French merchant marine lay sorely crippled.[BG]

Still the fundamental principles of the stringent navigation laws long

remained. A decree in 1681, and subsequent ordinances, defined what

should constitute a French vessel; and corporal punishment was ordained

against a captain for a second offence in navigating a vessel of alien

ownership under the French flag.[BH] By later decrees, no alien was

permitted to command a French vessel. An ordinance of 1727 further

restricted alien command by shutting out even French subjects who had

married aliens.[BH] It was required that every French vessel should be

manned by a crew two-thirds of whom were French subjects.[BH] The system

of regulations restricting the trade of the French colonies to French

ships, and to the home market held till well into the nineteenth

century.

During the Revolution a decree (May, 1791) prohibited acquisition of all

vessels of foreign build. In 1793 (Sept.) it was ordained that no

foreign commodities, productions, or merchandise should be imported into

France, or into any of her colonies or possessions, except directly in

French ships, or in ships belonging to the inhabitants of the countries

in which the articles imported were produced, or from the ordinary ports

of sale or exportation. All officers and three-fourths of the crew were

required to be natives of the country of which the foreign vessel bore

the flag, under penalty of confiscation of vessel and cargo, and a fine

enforcible under pain of imprisonment. A tonnage tax was levied on

foreign ships alone.

Despite this elaborate code designed for its benefit the domestic

mercantile marine almost entirely disappeared during the wars of the

Republic and the Empire; and after the Restoration its revival was so

slow that for some time foreign ships were absolutely necessary for the

supply of the French market.[BH] Still the underlying principles of the

code were retained by the Restoration Government, modified in a few

particulars. The modifications included the removal of the prohibition

on indirect commerce--- the carrying trade between France and other

countries:--yet advantage even in this commerce was held for the French

flag through "flag surtaxes," added to the ordinary customs duties

levied upon the merchandise imported into France in foreign bottoms,

and by the tonnage charges.[BI] A law of March, 1822, renewed the

prohibition against the importation of foreign-built ships.[BI]

Early under Napoleon III movements toward the adoption of an economic

policy similar to that then established in England were begun, and

shortly a succession of radical changes in the maritime code were

instituted.[BJ] In 1860 a commercial treaty with England was entered

into. In 1861 freedom of access of foreign shipping to the French West

Indies was permitted, subject to the payment of special duties varying

according to the ports whence the goods were brought, or to which they

were imported. Then at length, in 1866, numerous restrictions of the old

code were swept away.[BJ] This law of 1866 (May) admitted duty-free all

materials, raw or manufactured, including boilers and parts of engines

necessary for the construction, rigging, and outfitting of iron or

wooden ships; abolished a premium, or bounty, granted by a law of 1841

(May) on all steam engines manufactured in France intended for

international navigation; admitted to registration foreign-built and

fully equipped ships upon the payment of two francs a ton; abolished all

tonnage duties on foreign ships, except such as had been or might be

levied for the improvement of certain commercial harbors; abolished the

flag surtaxes; opened colonial navigation to foreign ships. The monopoly

of the coasting trade alone was retained for French ships.[BK]

Complaints against these new regulations were promptly raised by

shipbuilders and ship-outfitters,[BK] and in 1870 a Parliamentary

inquiry into their grievances was made. It appeared that shipbuilders,

though enabled to import free such materials as they needed, were

handicapped by numerous and extensive formalities; while the outfitters

were embarrassed by special burdens which the law laid upon them, and

which their British competitors did not have to bear.[BL] In 1872 laws

were passed which reversed much of the act of 1866. A tax of from

thirty to fifty francs a ton measurement was re-imposed on all foreign

ships purchased for registration in France, together with a duty on

marine engines; again a tonnage duty, of from fifty centimes to one

franc, was imposed on ships of any flag coming from a foreign country or

from the French colonies; and the provisions freeing materials for ship

construction, and admitting foreign-built ships to French registration

upon payment of the two-franc tax per ton, were repealed.[BM] In 1873 an

extra-parliamentary commission took up the general question of the state

of the commercial marine,[BN] and the outcome of this inquiry was the

establishment of the system of direct bounties. This system was applied

for the first time in the Merchant Marine Act passed in January, 1881.

The act of 1881 granted both construction and navigation premiums, and

was limited to ten years. The construction bounties, as was declared,

were given "as compensation for the increased cost which the customs

tariff imposed on shipbuilders" in consequence of the repeal of the law

granting free import of materials by construction; the navigation

bounties, "for the purpose of compensating the mercantile navy for the

service it renders the country in the recruitment of the military navy."

The construction bounties, on gross tonnage, were as follows: for wooden

ships of less than 200 tons, ten francs a ton; of more than 200 tons,

twenty francs; for composite ships, that is, ships with iron or steel

beams and wooden sides, forty francs a ton; for iron or steel ships,

sixty francs; for engines placed on steamers, and for boilers and other

auxiliary apparatus, twelve francs per 100 kilograms; for renewing

boilers, eight francs per 100 kilograms of new material used; for any

modification of a ship increasing its tonnage, the above rates on the

net increase of tonnage.[BO] The navigation bounties were confined to

ships engaged in the foreign trade, and were to be reduced annually

during the ten years' term of the law.[BP] They were thus fixed: for

French-built ships, one franc and fifty centimes a registered ton for

every thousand sea miles sailed the first year, the rate to diminish

each succeeding year of the term seven francs and fifty centimes on

wooden ships, and five centimes on iron and steel ships; for

foreign-built ships owned by Frenchmen admitted to registry, one-half

the above rates; for French-built steamers constructed according to

plans of the Navy Department, an increase of fifteen per cent above the

ordinary rate.[BQ]

The first effect of this law was to stimulate the organization of a

number of new steamship companies, and to occasion activity in various

ship-yards, foreign (English) as well as home, in building steamships

for their service.[BR] Most of the domestic-built iron and steam tonnage

produced during the law's ten years' term was of steamers.[BS] The

tonnage of steamships increased from 278,000 tons in 1880 to 500,000

tons in 1890. Of this increase more than three-fifths were represented

by vessels bought in other countries.[BT] The results of the navigation

bounties are shown in official statistics covering the years 1882-1890.

During this period iron or steel French-built ships earning these

bounties increased from 159,714 tons to 190,831 tons, gross tonnage;

while wooden or composite tonnage decreased from 150,233 tons to 57,068

gross. Foreign-built iron or steel tonnage earning the bounties

increased from 43,787 tons to 91,170 tons, gross; and wooden or

composite tonnage increased from 1,220 tons to 9,799 tons, gross.[BS] In

1891 the law which had then reached its limit of ten years was extended

for two years. Doubting its renewal shipowners had sometime before

ceased to increase their fleets.[BS]

These results were variously pronounced unsatisfactory, and a revised or

a new law was called for, with more and higher bounties. Owners of

wooden sailing-ships were especially clamorous for larger benefits. They

argued that sailing-ships being much slower than steamers should

therefore receive higher mileage subsidies in order to compete on equal

terms with steamships.[BU]

A new law was enacted in 1893 (January 30). This act cut off bounties to

foreign-built ships, and granted increased construction premiums. The

construction subsidies were again declared to be given as "compensation

for the charges imposed on shipbuilders by the customs tariff"; the

navigation bounties, "by way of compensation for the burden imposed on

the merchant marine as an instrument for recruiting the military

marine." The construction subsidies were not to be definitely earned

till the ships were registered as French; and by ships built in France

for foreign mercantile fleets, not till they had been delivered. The

navigation bounties were accorded to French-built ships, of more than 80

tons for sailing-ships, and 100 tons gross for steamers, engaged in

making long voyages and in international coasting; and were limited to

ten years. They were based on gross tonnage per thousand sailed miles.

To merchant steamships built in accordance with plans approved by the

Navy Department, the rate of fifteen per cent above the regular

navigation bounty provided in the law of 1881, was increased to

twenty-five per cent. All ships receiving the navigation bounty were

subject to impressment in case of war.[BV]

The effect of this law appears to have been a division of the interests

of shipowners and shipbuilders. The shipowners found the builders

constantly increasing their prices until a point was reached where they

were accused of absorbing both premiums for construction and navigation,

by calculating the amount of bounty which proposed construction would

demand, and adding that amount to their cost price.[BW] The increase of

the bounty on sailing-ships was made in the expectation that it would

check their falling off, which had been rapid since the development of

steamship building; merchant sailing-ships were regarded as the best

school for seamen, all of whom in French commerce, up to the age of

forty-five, are subject at any time to draft into the national navy. It

did this and more. There resulted the "strange phenomenon," as Professor

Viallatés puts it, "of a steady increase in the sailing-fleet, while the

number of steam-ships remained stationary."[BX]

Thus, like its predecessor, unsatisfactory, the law of 1893 was

succeeded by another act further enlarging the bounty system. This law

was promulgated in 1902 (April 7). It provided three classes of bounty:

construction and navigation as before, and "commission compensation" or

"shipping premiums." The construction bounty remained as in previous

law. The navigation bounty, now introduced as awarded "as a general

compensation for the charges imposed on the merchant navy, and for the

excessive cost of vessels built in France," was increased.[BY] It was

payable to all French-built sea-going ships, steam and sailing, of over

100 tons gross, and less than fifteen years old, and was limited to

twelve years. To stimulate speed development, only ships showing a trial

speed of at least twelve knots with half load were to receive the full

navigation bounty; to those making less than twelve knots the bounty was

diminished by five per cent; to those making less than eleven, by ten

per cent. The shipping bounty was declared to be granted "as

compensation for the charges imposed on the mercantile marine" by making

merchant vessels practically schools for seamen. It was a "chartered

allowance" made to foreign-built iron or steel steamers manned under the

French flag for long voyages or for international coastwise trade, of

more than 100 gross tons, belonging to French private persons or

joint-stock or other companies, the latter having on their boards a

majority of French citizens, and the chairman and managers being French.

This allowance was reckoned on the gross tonnage, and per day while the

steamer was in actual commission (three hundred days the maximum number

in any one year).[BX] The rate varied according to the tonnage. Up to

2000 tons gross, it was fixed at five centimes per ton; from 2000 to

3000 tons, at four centimes; 3000 to 4000, three centimes; above 4000,

two centimes; over 7000, the same grant as 7000. The creation of this

"chartered allowance," as Professor Viallatés explains, was to prevent

the navigation bounty from becoming to the same extent as under the

previous law merely another form of bounty upon shipbuilding. It could

so become, he points out, only to the extent of which it exceeded the

owner's bounty.[BZ]

Not all of the shipping and navigation bounties were to go to

shipowners. Five per cent was to be retained for sailors' insurance

"with a view to reducing the deductions imposed on them for the purpose

of that insurance"; and six per cent to be reserved for distribution for

the benefit of marines, as follows: "two-thirds to the provident fund,

with a view to diminishing the deductions on mariners' pay and to

increasing the funds for assisting the victims of shipwreck and other

accidents, or their families; one-third to the invalids' fund, with a

view to granting subventions to the chambers of commerce or public

institutions for the creation and support of sailors' homes in French

ports, intended to assist the nautical population, or of any other

institutions likely to be of use to them, especially schools for

seamen." The requirement in the old law of 1793 as to the composition of

the crews of French merchant ships was modified, reducing the proportion

of sailors who must be Frenchmen.

French-built ships were privileged to chose between the shipping and the

navigation bounties. To obtain the shipping bounty for the maximum of

three hundred days steamers must make during the year a minimum of

thirty-five thousand miles if engaged in the overseas trade, or

twenty-five thousand if in "_cabotage international_."[CA] Shipowners

agreeing to maintain on routes not served by the subsidized main

steamers a regular line, performing a fixed minimum of journeys per

year, with vessels of a certain age and tonnage, were permitted to

claim, in lieu of the regular bounties, a fixed subsidy during the term

of their agreement, equal to the average of the bounties to which the

vessels in commission would be entitled for the whole of the journeys

performed. The new tonnage to be admitted to the benefit of the law was

limited to three hundred thousand gross tons of steamers and one hundred

thousand gross tons of sailing-ships; of which new tonnage freight-built

ships could form two-fifths. The appropriation for the payment of the

bounties was also limited, to guard against a too heavy burden upon the

national treasury. This was fixed at two hundred million francs: one

hundred and fifty million for the shipping and navigation bounties and

fifty million for the construction bounties.[CB]

Unforeseen results of an unsatisfactory nature followed the application

of this law. Professor Viallatés effectively states them in the fewest

words:

"To be sure of profiting by the advantages of the law the

ship-owners hastened to order vessels and to place them on the

stocks. Their haste increased when it was seen that there existed

a considerable discrepancy between the allowed tonnage and the

money appropriated. The appropriation of one hundred and fifty

million francs, opened to assure the payment of the navigation

bounties and the compensation for outfit, was much too little.

The rush was such, as soon as this formidable mistake was

discovered, that, less than nine months after its promulgation,

from December 20, 1902, the useful effect of the law was

completely exhausted."!

Thereupon resort was had to another Extra-Parliamentary commission to

frame another system. The result was a law of 1906 (April), which

separated the shipbuilder from the shipowner. The provisions for the

construction bounty were redrawn with the object, as Professor Viallatés

explains,[CC] "not only to equalize the customs duties affecting the

materials employed, but also to give the builders a compensation

sufficient to enable them to concede to the French shipowners the same

prices as foreign builders." The rates were thus fixed on gross

measurement: for iron and steel steamships, one hundred and forty-five

francs per ton; for sailing-ships, ninety-five francs per ton: these

bounties to decrease annually to four francs and fifty centimes for

steamships and three francs ninety centimes for sailing-ships during the

first ten years of the law's application, thereafter to stand at one

hundred francs and sixty-five francs, respectively; for engines and

auxiliary apparatus, twenty-seven francs fifty centimes per hundred

kilograms. The navigation bounty to owners of French or foreign-built

ships under the French flag, was calculated per day of actual running:

for steamships, four centimes per ton gross up to 3000 tons; three

centimes more up to 6000; two more to 6000 and above; for sailing-ships,

three centimes per ton up to 500 tons, two more up to 1000, and one more

to 1000 and above. This bounty to continue for the first twelve years of

the law. The provisions for fostering speed development in steamships

excluded from compensation those making on trial, half laden, less than

nine knots, in place of ten in the previous law; reduced the rate to

fifteen per cent of the bounty for those showing more than nine and less

than ten knots; and increased this rate by ten per cent for those making

at least fourteen knots, by twenty-five per cent for fifteen knots, and

thirty per cent for sixteen knots. The extra bounty equal to twenty-five

per cent of the regular navigation bounty to steamships constructed on

plans approved by the Navy Department, and the provision making all

merchant ships subject to requisition by the Government in case of war,

were retained as in previous laws.[CD] This is the law at present in

force.

The total cost of the French bounty system in the twenty-four years from

its establishment with the law of 1881 to 1904, when the law of 1902 had

practically run out, was in round numbers upward of three hundred and

eighty-one million francs. Professor Viallatés shows that the new law of

1906 would absorb during the first seven years of its application,

upward of eighty-four million francs.[CE]

These construction and navigation bounties are exclusive of the

subventions to steamships for carrying the mails. The establishment of

the French postal ocean steamship subsidy system dates back to 1857,

when a contract was made with the Union Maritime Company for a service

to New York, Mexico, and the West Indies. The assertion is made by

Professor Meeker that the French postal subventions paid "ostensibly

for the furtherance of the mails," are "both greater in amount and more

influential upon shipbuilding, navigation, and commerce than are the

general premiums upon shipbuilding and navigation."[CF] Says Viallatés:

"The system is calculated to secure regular and rapid postal

communication with certain countries beyond seas, and at the same

time to constitute an auxiliary fleet capable of being utilized

by the navy in times of war. The existence of fixed lines with

constant service is also a means of favoring the expansion of the

national commerce. The State obtains, moreover, in exchange for

the subsidy, direct advantages; the free carriage of the mails

and the funds of the public treasury; transport of officials at a

reduced price, and of arms and stores destined for the service of

the State."

Meeker:

"The greater part of the concealed subventions undoubtedly goes

to the shipbuilders, for all mail contract steamers must be built

in French yards and of French materials. These first costs are

estimated to be from twenty-five to fifty per cent greater in

France than in England."[CG]

There is no competition in the letting of the French mail contracts.

They go to four steamship concerns. For many years more than one half of

the total steam tonnage of France has been owned by these four

subsidized lines: the _Compagnie Générale Transatlantique_, the

_Compagnie des Messagéries Maritimes_, the _Chargeurs Réunis_, and the

_Compagnie Fraissant_.[CG]

The great ship-yards have developed a capacity for building steamships

of the largest class. The tonnage since 1881, when it had fallen to

914,000 tons, had increased only to 1,052,193 tons in 1900. By 1910-11,

it had reached 1,882,280 tons.[CH] The total mail subsidies average, in

round numbers, five million dollars a year, while the construction and

navigation bounties amount to three and a half million dollars

additional.

Practically every French vessel floating the French flag and engaged in

foreign trade either receives or has received subsidies, or bounties,

from the Government.[CI]

FOOTNOTES:

[Footnote BD: Meeker.]

[Footnote BE: Lindsay, vol. III.]

[Footnote BF: Rear-Admiral Alfred T. Mahan, "The Influence of Sea Power

upon History," pp. 105-107.]

[Footnote BG: Mahan, p. 73.]

[Footnote BH: Lindsay, vol. III.]

[Footnote BI: Prof. Achille Viallatés, "How France Protects Her Merchant

Marine," in North American Review, vol. 184, 1907.]

[Footnote BJ: Lindsay, vol. III.]

[Footnote BK: Lindsay, vol. III, also Viallatés.]

[Footnote BL: Viallatés.]

[Footnote BM: Lindsay, vol. III, pp. 457-458.]

[Footnote BN: Viallatés.]

[Footnote BO: Meeker. Also Wells, pp. 163-164, _note_.]

[Footnote BP: Wells, pp. 163-164, _note._]

[Footnote BQ: Meeker. Also Wells.]

[Footnote BR: Wells, p. 164.]

[Footnote BS: Meeker.]

[Footnote BT: Viallatés.]

[Footnote BU: Meeker.]

[Footnote BV: For this law see Meeker.]

[Footnote BW: U.S. Consul Robert Skinner, Marseilles; Con. Repts., xol.

XVIII (1900), p. 36.]

[Footnote BX: Viallatés.]

[Footnote BY: Meeker.]

[Footnote BZ: North American Review, vol. CLXXXIV, 1907.]

[Footnote CA: Embracing voyages within the limits of the ports of the

Mediterranean, North Africa, and Europe below the Arctic

circle--Meeker.]

[Footnote CB: Meeker and Viallatés, summaries of this law.]

[Footnote CC: North American Review, vol. CLXXXIV, 1907.]

[Footnote CD: For this law see Senate Doc. no. 488, 59th Cong., 1st

sess.]

[Footnote CE: North American Review, vol. CLXXXIV, 1907.]

[Footnote CF: Meeker.]

[Footnote CG: Meeker.]

[Footnote CH: Lloyd's Register, 1910-11.]

[Footnote CI: Senate Rept., no. 10, 59th, Cong., 1st sess.]

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