Under such circumstances it was necessary for commercial States to

secure, by treaties, that protection and security for the person

and property of their subjects abroad against the injustice they

were liable to, and which they could not obtain from the laws of

the countries where they might happen to be. Treaties were also

required for the regulation of neutral commerce during war, and for

defining clearly what goods could not be carried by neutrals for

the belligerents. For all such purposes treaties were, of course,

essential; but, when they came to be used, with the further object

of teaching different nations how to conduct their own business,

a practice arose which, however useful at the time in assisting a

change of system, could not long endure. Regulations as to the duties

chargeable on certain articles, or for the privileges of certain

ships, according as they were built by, or belonged to, particular

countries, inducing constant misrepresentation and tending to create

grave differences between nations, were soon found to be neither

the best nor the wisest means for producing economic or friendly

commerce. Moreover, the whole system of treaties so constructed was

attended with a mode of bargaining, in which the clever diplomatist

might frequently gain unfair advantages for the people he represented.

Such a course of action was so obviously undignified in the conduct

of national affairs, that all merchants of high standing in different

countries at length protested against it. Statesmen, also, began to

discover that, as a rule, it was better for commerce to flow on with

no interference from treaties or other legislation—that, as a matter

of fact, it prospers best unaided; and, further, that such a state of

things, while unsatisfactory so far as the intercourse between nations

is concerned, was also discreditable, alike to the nations entertaining

such propositions, and to the ministers or officers by whom they were

proposed.

As the whole of the treaties, with their numerous protocols and

appendices, their labyrinths of “clever clauses” and mysterious

paragraphs, have been published,[28] and can be examined by those

of my readers who are interested in such diplomatic intricacies, it

is only necessary to give here the general purport of them, as I

shall have occasion to notice, hereafter, in reviewing the progress

of merchant shipping, those more directly affecting that interest;

but, that my readers may understand more clearly the nature of these

treaties, I furnish the text of that with France.[29] It gives the

general conditions embodied in such documents, and the extent of the

concessions England was prepared to make with those countries which

were willing to reciprocate with her.

[Sidenote: Reciprocity treaties only, partially, of value,]

The results of these “Reciprocity Treaties,” however, as shown in

the note,[30] were, for the time, satisfactory to both countries, in

so far as they materially tended to increase intercourse, while they,

certainly, proved advantageous, in the long run, to the shipowners

of England. But they were full of inconsistencies, and, as the trade

between nations increased, it became simply impossible to carry them

out satisfactorily.

Nor was it, indeed, likely that people of different nations, who

had been thus far “educated” to the advantages derivable from free

intercourse, would continue to endure the absurd clauses of treaties

prohibiting them from using corn, cotton, sugar, and numerous other

necessaries of life, piled in heaps as these often were in their stores

and warehouses, merely because they had been imported in other ships

than those of Great Britain, or of the countries where they had been

produced.

[Sidenote: and do not check the anomalies of Protection.]

The fact was, that while these treaties did create a sort of uniformity

before unknown, and so far increased the facilities of intercourse,

they did not obviate the most glaring hardships and inconveniences of

the previous system of protection. An American vessel, for instance,

might bring American cotton to England direct; but if this cotton had

been landed at any foreign port, neither the ships of that country nor

of any other could have conveyed it thence to our shores; while the

corn of Russia, if landed in Prussia, or in the ports of any other

nation, was prohibited in England, however great might be the demand

for it at the time.

Nevertheless, when it was first proposed in 1821 to allow British ships

to import non-prohibited articles from any part of the world, the

proposal was, for the time, effectually resisted by our shipowners,

on the plea that the cheaply built and navigated vessels of other

countries would carry the produce of America and Asia into continental

ports, and leave to British ships only the small profit to be derived

from its conveyance across the English Channel!

[Sidenote: Committee of 1844-5 promoted by the Shipowners, who seek

protection against Colonial shipping.]

But though it was abundantly clear that great changes were necessary

beyond the treaties which had been effected (an enlightened class of

merchants and manufacturers having now arisen who required that they

should be entirely unfettered in the conduct of their own affairs, and

that they should be at liberty to import and export whence, whither,

and how they pleased) it was no easy thing to induce Government even

to consider the advisability of taking a further step in advance and

repealing laws so long in force. No important changes were, therefore,

contemplated until 1844, when a Committee of the House of Commons

was appointed to inquire into the working of those treaties and

the condition of the commercial marine of the country: indeed, the

appointment of even this Committee appears to have originated from

complaints preferred by our shipowners, as one of the duties imposed

upon it was the consideration of the best mode of encouraging and

extending the employment of British shipping. Curiously enough, the

chief complaint of the shipowners, in this instance, was against the

privileges granted to colonial-built ships, the owners of which were,

of course, on the same footing as those of vessels built in the United

Kingdom. It was alleged that the latter, as costing a great deal more,

were unable to compete successfully with the less costly ships of North

America, and, therefore, legislative protection was sought, on the

ground that the competition of these ships had materially lowered the

rates of freight.

The Committee of 1844 was appointed at the instance of Mr. Lyall,

a shipowner, and one of the Members for London; and, although it

sat during the whole Session, it reported that, from unforeseen

circumstances, it had been prevented from going fully into the matter,

and requested re-appointment in the following Session, which was

acceded to. But, as about this time, after a long period of depression,

prosperity returned to the shipping interest, employment for ships

having become better, while, in many important trades, the rates

of freight had advanced, the inquiry by the Committee, under such

auspicious circumstances, was allowed to drop. It was, however, plain

enough from the temper of Parliament, that no recurrence would be

permitted to anti-colonial protective measures.

[Sidenote: Reciprocity must lead to free navigation.]

The General Shipowners’ Society[31] attributed this prosperity to the

guano trade, which had recently arisen on the coast of Africa; but

other and _far_ more influential causes had been at work. The

treaties of reciprocity had, with all their imperfections, no doubt,

tended materially to increase our intercourse with foreign nations,

while the admission of their ships to our own ports, strange as it may

appear, had greatly increased the employment for our own. Though our

shipowners resolutely denied that these measures had anything whatever

to do with the increased prosperity, more enlightened men had arrived

at entirely different conclusions, and were convinced that the policy

of reciprocity, however unsatisfactory in many respects, was not

merely a step in the right direction, but was the best, and perhaps

then the only, mode of breaking down, bit by bit, the huge fabric of

protection, the growth of more than two centuries: indeed, it was clear

that the “Great Maritime Charter of England,” as the Act of Cromwell

had been somewhat ostentatiously denominated, could only be destroyed

by degrees. This vast tree, if it may be so described, had taken too

deep root in the soil of England to be overthrown at one blow; and the

Reciprocity Treaties undoubtedly served as wedges for its destruction.

In the meantime, Sir Robert Peel had made great changes in the Tariff.

Commencing with the coarser sorts of manufactures, he had relinquished

all duties on the importation of wool, linen, and cotton, and had

reduced the duties on the finer qualities of the same goods from twenty

to ten per cent., and on manufactured silks from thirty to fifteen per

cent., making equally important reductions in the duties imposed on

various other articles.

[Sidenote: New Class of Statesmen, well supported by the People

outside.]

But a new class of men had now arisen to extend the principles of

Free-trade, and to force home the wedges of unfettered commerce with

heavier blows than Canning, Huskisson, or even Peel, had ever done.

The people, led in this instance by men from among themselves, of

the industrial classes; and, guided by the voice of Wisdom, were now

trumpet-tongued proclaiming their rights and demanding justice, on

conditions which, however large, were yet so unanswerable, that, before

long, the proudest of our aristocracy and the most exalted of our

statesmen paid their homage to the “unadorned eloquence” resounding

throughout the land.

[Sidenote: Exertions of Lord John Russell,]

Though Lord John Russell, an honest adherent from his youth to the

enlightened policy of Charles James Fox, followed in their footsteps,

and struggled onwards amid innumerable difficulties, it was impossible

for him to force his way, almost alone against the class to which

he belonged, and through the rank grass and tangled brushwood which

surrounded this huge old tree. Indeed, almost every member of the

ancient aristocracy except himself was opposed to the course he had

resolved to pursue; and although the Parliamentary Reform Bill of

1832 carried on his motion, and, in a great measure, by his early and

unwearied exertions, had returned to the House of Commons many men

ready to render him every assistance, the power of that House was still

insufficient to effect, to anything like the extent he had in view,

the laudable and, indeed, noble object of his ambition, a thoroughly

unfettered commerce. On the people, however, he could fully rely:

they were now inquiring more earnestly than they had ever done how it

was that the food necessary for their existence was so heavily taxed,

and why they were not allowed to buy that food where they pleased,

and to import it on the most economical terms. If their knowledge of

geography, as they were sometimes sneeringly told, extended no further

than what they had learned from the Sacred writings, that grand old

historical record taught them, that Egypt produced grain at less cost

and in far greater abundance, than England; so great, indeed, that its

granaries had once supplied the wants of Rome and of the Ancient World.

When, therefore, they learned that that grain could not be had, because

a comparatively small number of men—landowners and shipowners—who,

from their wealth, exercising great influence in Parliament, were of

opinion that the importation of food from other and cheaper countries

meant ruin to them, the people, in mass, unequivocally desired to

know, in a more detailed and more satisfactory manner than they had

hitherto been told, “_the reasons Why_.” The question they had

now asked, through their leaders, was one which demanded an answer.

First promulgated in the workshops of Lancashire, it spread in all

directions. It was whispered in Belgravia; loudly proclaimed by the

toiling millions; talked about by the cottagers in every valley and by

the shepherds on every hillside; till, at length, it was adopted, in

the most earnest manner, by the middle classes, the bone and sinew of

Great Britain.

[Sidenote: who leads the way against Protection.]

With such overwhelming aid, Lord Russell and his exploring party were

enabled to penetrate the dense forest of protection, and reach the

roots of the huge and rank old tree, which not merely overshadowed the

rich soil of their native land, but spread its branches over their

seaports, so as to prevent the importation from other lands of articles

necessary for their existence. They saw that, under its shadow, no

herbs grew except such as, from their position, were favoured by a ray

of the hazy sunlight of protection; healthy shrubs, luxuriant in their

nature, withered and decayed wherever its branches extended.

[Sidenote: Richard Cobden and the Anti-Corn-Law League]

The chief of the new class of politicians, who had arisen was no common

man: he was one whose clear judgment, while it embraced existing wants,

penetrated far into the future. Richard Cobden, the son of a Sussex

yeoman, and, practically, one of themselves, who had been trained to

commerce,[32] saw perhaps more clearly than any one else the pernicious

effects of all protective laws. Supported by an overwhelming array of

facts, he arranged them in a manner so clear, and made them known in

so pleasing and homely a style of eloquence, as to command attention

and carry conviction to every man who was open to reason. In a word,

he was the first to thoroughly convince the people of Great Britain

that they had a _right_ to be allowed to purchase the necessaries

of life wherever they could obtain them, and to dispose of their

manufactures wherever they could sell them, on the most advantageous

terms.

[Sidenote: John Bright.]

In directing the attention of the masses to this all-important question

he sought the aid of men who had sprung from the people and had

been trained to commerce; and he found many able and truly earnest

colleagues, but none more so than John Bright, a man of greater, though

perhaps not more convincing eloquence than his own, who like himself

had no object in view, as the whole experience of his life has proved,

than the good of his country. While Cobden and Bright proclaimed, with

overwhelming force, the policy of Charles James Fox, which Huskisson

and Canning had first practically put in operation, and which Lord John

Russell was now zealously pursuing in Parliament,[33] an Association,

under their leadership, was being formed out of doors destined to give

the fullest freedom to commerce. The first object of the Anti-Corn-Law

League was to lower the price of bread, which with every deficient

harvest approached a famine price, and thus enable the working classes

of every grade to compete with greater prospects of success and to the

best advantage, in the production of those articles most in demand in

their own and other countries, and, at the same time, to secure them

more steady employment and a higher rate of wages. With this object,

its members set themselves heartily to work, proclaiming their views

at public meetings in almost every city and town in Great Britain,

and, in the course of their labours, making many converts to their

policy among the higher classes, among whom Charles Villiers ought to

take high rank, for he was unwearied in his exertions on behalf of the

people. Nor did they lack some associates among even the shipowners

of England, who, seeing that the free importation of corn from other

countries would afford greatly increased employment for their ships,

readily joined the league. It is certain, however, that many of this

class did not at the time perceive that, though the immediate object

of the association was to cut down the chief branch of the huge old

tree of protection, other branches, such as those interfering with free

navigation, must likewise be pulled down as the supplement to free

importation of corn: probably they did not reflect that, should the

Free-traders abolish the protection then afforded to the proprietors

of land, a protective system for the maritime interest alone could no

longer be maintained.

[Sidenote: Effect of the Irish famine, 1845-6.]

But an event happened which, although in itself a grievous national

misfortune, brought about, at an earlier period than might otherwise

have been the case, the abolition of the Corn Laws, as well as the

suspension, for a time, of the Navigation Laws. This calamity was the

failure of the potato crop in Ireland in 1845 by “a pestilence so

minute that it eluded the power of the finest microscope, so mysterious

that it defied the researches of the most searching philosophy,

but strong enough to overturn governments, general enough to alter

established commerce, powerful enough to cause the migration of

nations.”[34]

The whole crop of potatoes in Ireland having been destroyed, the price

of grain rose at one bound from 45_s._ 9_d._ to 60_s._ the quarter,

and Cabinet Councils assembled in November to consider the propriety

of throwing open the ports of the United Kingdom. As the Cabinet was

divided on the subject, Sir Robert Peel, impressed with the dangers of

the approaching crisis, resigned office, and Lord John Russell, whose

celebrated letter on that occasion must long be remembered, was called

upon to form a new Administration; but personal jealousy among the

Whigs[35]—a jealousy which lasted many years—prevented the formation of

a ministry by the opposition party. Nor was Lord Stanley, who had been

a member of Sir Robert Peel’s Cabinet, more successful in a similar

attempt: hence, with the exception of his Lordship, the members of that

Cabinet resumed their former places.

On the 4th December, 1845, it was intimated through the ‘Times’

newspaper, which had for some months previously avoided the question of

total repeal, that Sir Robert Peel would propose the entire abolition

of the Corn Laws. The Queen’s speech, as well as the speech of Sir

Robert Peel on the Address, more distinctly announced the policy of

the reconstructed Administration, and, having called attention to

the measures of commercial reform already adopted, which had tended

so materially to the greatness of this country and the welfare and

happiness of its inhabitants,[36] he called on the agriculturists to

submit to some sacrifice on their part, proposing a sliding-scale of

duties on corn until February 1849, with the condition, however, that

wheat and other cereal produce should, after that date, be imported

from foreign countries at a duty of 1_s._ a quarter.

[Sidenote: Sir Robert Peel carries the Repeal of the Corn Laws, and

resigns.]

It is not the province of this work to describe the struggles of

parties during this momentous period, and it is therefore sufficient

to state that the measures of Sir Robert Peel, supported as they were

out of doors by the vigorous action of the Anti-Corn-Law League, and

in Parliament by the Liberal party, were carried by large majorities

through the Commons and were, ultimately, passed by the Lords. But,

meantime the Irish Arms Bill had furnished the Opposition with a

temporary accession of members to defeat that measure, and consequently

with the means of overthrowing Sir Robert’s Administration, so that

the night of his triumph on the great question of the repeal of the

Corn Laws was a witness also of his downfall; and, in the records of

the debates of that ever-memorable evening, may be read the words now

so familiar to our ears:—“It may be,” he remarked, in his concluding

speech, “that I shall be sometimes remembered with good-will in those

places which are the abodes of men whose lot it is to labour and earn

their daily bread by the sweat of their brow; in such places, perhaps,

my name may be remembered with expressions of good-will, when those

who inhabit them recruit their exhausted strength with abundant and

untaxed food, the sweeter because no longer leavened with the spirit of

injustice.”

FOOTNOTES:

[23] In a little book, ‘Political Arithmetic,’ by Sir William Petty,

written about 1675, and published in 1691, the author of it remarks,

“The extent of the shipping of Europe being about two millions of tons,

I suppose the English have five hundred thousand—_the Dutch nine

hundred thousand_, the French an hundred thousand, the Hamburgers

and the subjects of Dantzic two hundred and fifty, and Spain, Portugal,

Italy, &c., two hundred and fifty thousand!” the value of which the

author reckoned “at 8_l._ per tun” (ton).

[24] See a review of the ‘History of the Navigation Laws of England

from the Earliest Times,’ by a Barrister, a most able exposition, from

the pen (I understand) of Sir Stafford H. Northcote, Bart., now (1875)

Chancellor of the Exchequer, published by Ridgway, London, 1849.

[25] McPherson’s ‘Annals of Commerce,’ vol. iv. p. 26.

[26] See _ante_, vol. ii. p. 354.

[27] See Mr. Huskisson’s Speech on Colonial Policy, March 21, 1825.

[28] Hertslet’s Treaties.

[29] Appendix, No. I., p. 563.

[30] In 1814 there were entered inwards 1,290,248 tons of British

shipping, and 599,287 tons of foreign shipping.

In 1824 there were entered inwards 1,797,320 tons of British shipping,

and 759,441 tons of foreign shipping.

In 1846 there were entered inwards 4,294,733 tons of British shipping,

and 1,806,282 tons of foreign shipping.

The clearances at the respective dates were about the same in amount

and proportion.

[31] See these Reports of 16th July, 1845.

[32] I first became intimate with Cobden in 1852, and our friendship

continued unbroken until his untimely death in 1865. He was the most

agreeable companion, and the most convincing reasoner I ever met.

Though his name has long been a household word, yet as his life has

not been written (I hope it may soon be given to the world), many of

my readers may not be aware of his _career as a man of business_.

He was often my companion for days together where I now pen these

notes, and, though I possess many pleasing reminiscences in connexion

with his most useful life and numerous letters from him, for he had

the pen of a ready writer, I prefer leaving these to be dealt with

by his biographer, when his executors consider that the time has

arrived to publish his life. But I think I ought not to withhold from

my readers the account he gave me of his commercial career, more

especially as an erroneous impression prevails in public that, though

great as a statesman, he was unsuccessful as a man of business. This

letter referred to the question of Limited Liability which we had

frequently discussed. It is written in his happiest style; and if I

could to advantage (but I cannot), I would not alter a single word.

“It is singular,” he remarks in another letter of his now before me,

approving of some comments I had made, “how much better we all write

when we are expressing ourselves with unrestrained freedom to a friend,

than when we are polishing off our sentences for the great public. I

find it always in my own case, and the reason is simply that we are

more _natural_, and therefore kindle a warmer sympathy in the

breast of the reader. It is this which makes the private memoirs and

correspondence of great men much more interesting than their public

performances.” For these reasons, I venture to give to the public the

letter he writes about himself and his business career unaltered,

except where I have omitted the names of two noble Lords still living.

“Midhurst, 24th March, 1856.

“MY DEAR LINDSAY,

“I can see no flaw in your indictment, and do not think there

is a shade of difference in our views upon partnership matters.

But I would rather talk than write to you on the subject. It

has always appeared to me that the fundamental fallacy which

overrules all the objections to limited liability is the fear

that capitalists will not be able to take care of their money

without a little help from Parliament. I think they may be

safely trusted. You and I agree also in the practical view of

the question—that legislators and theorists overrate the extent

to which the actual possession of capital affords a guarantee to

the creditor. It is the character, experience, and connexions

of the man wanting credit, his knowledge of his business, and

opportunities of making it available in the struggle of life,

that weigh with the shrewd capitalists far more than the actual

command of a few thousands more or less of money in hand. I began

business in partnership with two other young men, and we only

mustered a thousand pounds amongst us, and more than half of it

was borrowed. We all got on the ‘Peveril of the Peak’ coach, and

went from London to Manchester in the, at that day, marvellously

short space of twenty hours. We were literally so ignorant of

Manchester houses that we called for a directory at the hotel, and

turned to the list of ‘calico printers,’ theirs being the business

with which we were acquainted, and they being the people from

whom we felt confident we could obtain credit. And why? Because

we knew we should be able to satisfy them that we had advantages

from our large connexions, our knowledge of the best branch of

the business in London, and our superior taste in design, which

would insure success. We introduced ourselves to Fort Brothers

and Co., a rich house, and told our tale, honestly concealing

nothing. In less than two years from 1830 we owed them forty

thousand pounds for goods which they had sent to us in Watling

Street, upon no other security than our characters and knowledge

of our business. I frequently talked with them in later times upon

the great confidence they showed in men who avowed that they were

not possessed of 200_l._ each. Their answer was that they

would always prefer to trust young men with connexions and with a

knowledge of their trade, if they knew them to possess character

and ability, to those who started with capital without these

advantages, and that they had acted on this principle successfully

_in all parts of the world_. We did not disappoint them or

ourselves. In 1834-1835 our stock takings showed a net balance of

20,000_l._ a year profit. Then I began to write pamphlets

and to talk politics, and from that moment I ceased to make

money, and in 1846, when the League finished its labours, my

children must have been beggars, had not my neighbours, who knew

my circumstances, originated the subscription which restored me

independence. I took the money without shame, because I had earned

it. If money had been my sole object in life I should have been a

more successful man by sticking to my calicoes, for my partners

have grown richer than I by doing so, and young men taken into

the concern since I left have made fortunes. I may add that the

original formation of the partnership, and the whole scheme of the

business, sprung exclusively from myself. But what has this to do

with your bill? I never detect myself falling into a twaddle about

things personal and past without suspecting that I am growing

old and garrulous. I doubt the policy of your presenting a bill

to the House. Your strength lies in your principle—_perfect

freedom_—which you can argue with more force when not compelled

to enter upon details. If you have any suggestions as to the

clauses of the Bill, would it not be better to do as you did

with the Shipping Bill by giving the Board of Trade the benefit

of your hints? It may be necessary to concede something for the

sake of carrying any measure, but I doubt whether any concession,

beyond a registration, which may be shown to be a convenience

to all parties, will not be unsoundness. If it be necessary to

tamper with sound principles for the sake of pleasing the Lords,

let the proposal come from their party. I suspect we shall be

weaker in both Houses in dealing with the question of private

partnership upon free-trade principles than with that of Joint

Stock Associations. Upon the latter question, people of the —— and

—— school of political economy, whose principles are, if pushed

home, a little socialistic, took a great interest, because they

have an amiable faith in the power of association amongst the

working classes. But I doubt whether they will throw much zeal

into the question of private partnership. By the way, don’t put

the question in the House in the form of a problem A. B. C. D.

&c. It does in a written argument, and even then demands a severe

attention; but I find that that mode of stating the case in the

House does not succeed.

“I shall be happy to renew the discussion when we meet, and remain

very sincerely yours,

“RD. COBDEN.”

[33] Though not within the province of this work, it should be

remembered that Fox stoutly opposed Pitt’s great Free-trade Treaty

with France, in 1756, and that Lord John Russell did not come out as a

thorough and earnest Free-trader until 1840-41.

[34] Alison’s ‘History of Europe,’ vol. vii. p. 168.

[35] This difference reached its climax in 1845, when Lord Grey wished

to exclude Lord Palmerston from the Foreign Office, and Lord Russell

insisted on his being nominated for that department.

[36] The exports of Great Britain rose from 47,000,000_l._ in 1842

to 60,000,000_l._ in 1845, and the imports from 65,000,000_l._ to

85,000,000_l._, and, in the same period, the entries of British

mercantile shipping rose from 4,627,440 tons to 6,031,557 tons. (See

Porter’s ‘Progress of the Nation.’)

CHAPTER IV.

Lord John Russell’s first steps as Prime Minister: the

Equalization of the Sugar Duties—He suspends the Navigation

Laws, January 1847—Mr. Ricardo’s motion, February 1847—Reply of

Mr. Liddell—Mr. Ricardo’s motion carried—Committee appointed,

February 1847—Meeting of the shipowners, August 12, 1847—Their

arguments—What constitutes “British ships”—State of Navigation

Laws in 1847—Rules in force in the Plantation Trade—Their

rigorous character—Their history from 1660 to 1847—First

infringement of the principle of confining the American trade to

British vessels—Absurdity and impotency of these laws—State of

the law before the Declaration of American Independence—Trade

with Europe—Modifications of the law—East India Trade and

shipping—Trade with India in foreign and in United States ships

even from English ports—Coasting trade—Summary of the Navigation

Laws.

[Sidenote: Lord John Russell’s first steps as Prime Minister: the

Equalization of the Sugar Duties.]

[Sidenote: Suspends the Navigation Laws, January 1847.]

The first measure introduced by Lord John Russell, when he succeeded

Sir Robert Peel as Prime Minister,—the equalization of the Sugar

Duties—was one almost as important to the interests of merchant

shipping as the repeal of the Corn Laws. A change so great, affecting,

indirectly, the general as well as the fiscal policy of the empire,

was even more remarkable than the abolition of the Corn Laws. It was

strenuously opposed by the Protectionist party, but Sir Robert Peel,

having given his support to Government, the Bill was carried by a large

majority. This measure in itself afforded much additional employment

to shipping; and in the course of the debate upon it, Lord John Russell

made the memorable declaration that he “did not propose in any respect

to alter the existing Navigation Laws.”[37] He was, however, obliged

immediately afterwards to suspend the operation of these Laws till

the 1st September following, so as to facilitate the importation of

grain and flour. Indeed, some such measure was absolutely necessary,

as the crops of Germany and France had in many instances failed, and

the French Government had also been compelled to suspend for a time

their Navigation Laws, in order to obtain supplies of food from other

countries.

As the necessity of increasing, at all events for a limited period, the

facilities for importing grain from foreign countries and the admission

of sugar more freely into breweries and distilleries, so as to augment

the supply of food, had been pointed out in the Royal Speech, no

opposition was offered to this temporary suspension of the Navigation

Laws; but it was stoutly maintained by the Protectionists that the

suspension must be limited to the period fixed in the Bill. The

Free-traders, however, on the other hand, could not see the necessity

of any limitation, and, though the Ministry did not feel strong enough

to undertake the task of a total abolition of the Navigation Laws, one

of its principal supporters gave notice that, on an early day, he would

formally call the attention of Parliament to this important subject.

[Sidenote: Mr. Ricardo’s motion, February 1847.]

Accordingly, on the 9th February, 1847, Mr. John Lewis Ricardo

brought forward his motion,[38] “That a Select Committee be appointed

to inquire into the operation and policy of the Navigation Laws.”

Intense interest was excited among shipowners; the fact of Mr. Ricardo

proposing the motion was deemed highly ominous, as he was known to

hold very advanced opinions on Free-trade, and to be prepared to

go further in that direction than perhaps any other member of the

House. He was, indeed, at that time, one of the most formidable

exponents of the Free-trade doctrines. His speech,[39] delivered in

a tone of much confidence, propounded, as indisputable facts, what

were then rather startling assertions. After briefly recapitulating

the history of the Navigation Act, which had been held to be perfect

till 1821-22, he pointed out that Mr. Wallace in those years, and

Mr. Huskisson in 1824-25, had broken into the exclusive principle on

which the Navigation Act rested. He then referred, at great length, to

the labours of the Committee on British Shipping in 1844, and boldly

asserted that that inquiry was instituted by the shipowners to prove

the efficacy of the existing laws, and was allowed to drop because they

had no case for further encouragement. He specially singled out the

opinions of the late Mr. Joseph Somes, one of the largest shipowners of

that time, who went so far as to demand a tax on Colonial shipping; and

he successfully combatted this by contending that the colonists already

suffered severely by the Navigation Laws. Millions upon millions, he

said, were spent upon internal communications;[40] Parliament was

looking with great jealousy lest a half-penny or a penny too much

should be charged for inland transit; yet, when goods arrived by sea,

there was a law which increased the cost of carriage over the greater

part of their journey. He then referred to the opinions expressed by

Mr. G. F. Young, one of the leading opponents of any change in the

laws of shipping, who had also advocated a tax on Colonial vessels,

stating, in his evidence in 1844-45, that he “considered the whole

system of Navigation Laws as relating more to the encouragement of

maritime commerce than to any other object, and that, therefore, many

sacrifices of pecuniary interests ought to be made for it,” adding, “I

have no doubt that private interests ought to be sacrificed for the

general interests of the country. If the Legislature should decide that

it was no longer necessary to keep up the Navigation Laws as a means

of national security, no doubt the consumers of foreign articles could

purchase at a cheaper rate, since this would be the natural consequence

of admitting imports in the ships of foreign nations.”

Fortified by these quotations from his opponent’s evidence, Mr. Ricardo

boldly came to the point by asserting it must be clear that, by every

ton of shipping driven from the ports of England, there was lost

the benefit of the sale of an equivalent amount of our merchandise,

and that, thereby, our workmen were deprived of their wages, our

manufacturers of their profit, and our Government of revenue. If the

Spaniards wanted earthenware, the French sugar, and we wine, “why on

earth,” he exclaimed, “should we forbid the natural course of the

transaction!” He pointed out the roundabout and expensive way whereby

such exchanges of produce must be carried,[41] instancing a case where

American hides brought from Marseilles to Rotterdam, not finding a

market there, were taken back to Marseilles; and when sent thence to

Liverpool, were seized as imported in a French bottom, and released

only on the condition that they should be sent back to New York! Such

interruptions of commerce, Mr. Ricardo rightly contended, were alike

inconvenient and wasteful. He next pointed out discrepancies in the

working of the Act, with the various Orders in Council made under it,

asserting, at the same time, that freights were artificially enhanced

by protection. He espoused, too, the cause of the colonists, who now

demanded as a matter of justice, that trade should be as free in

shipping as it was in sugar. Could, Mr. Ricardo demanded, any ground

of political expediency or any national advantage be shown to justify

the retention of these laws? He admitted that the authority of Adam

Smith would be adduced against him,[44] but denied that Adam Smith

had brought forward evidence to support his argument. He allowed that

a defensive navy was of the first importance for the welfare of the

country, and that the commercial marine was the nucleus and nursery of

that branch of the public service; but he emphatically contended that

the way to encourage the commercial navy was to free the commerce of

the country from all restrictions, impediments, and obstructions. He

held that England could compete successfully with the United States

and all the world in building ships, and he produced a variety of

statistical statements showing the difference between protected and

unprotected tonnage, one of which is especially worthy of notice.[45]

“These facts,” added Mr. Ricardo, “speak for themselves, showing the

unprotected tonnage has just doubled the increase of the protected

tonnage.” He concluded by remarking that commerce was the parent of the

merchant marine, and that if the parent were nourished the child would

flourish.

[Sidenote: Reply of Mr. Liddell.]

[Sidenote: Mr. Ricardo’s motion carried.]

Mr. Thomas Milner Gibson, then Vice-President of the Board of Trade,

with whose concurrence the motion had been made, gave the Government’s

sanction to the motion, and recommended on their part that the

Committee should be appointed. His proposal, however, was strongly

opposed by the Hon. H. T. Liddell (now Earl Ravensworth), who asked

what could be gained by a Committee, as the Navigation Laws were

already suspended until the 1st of September next. He quoted the

opinion of Mr. Huskisson,[46] who, in making certain recommendations

with relation to the reciprocity treaties, had said: “The object of

the Navigation Laws was twofold: first, to create and maintain the

great commercial marine of this country for the purposes of national

defence; and secondly, an object not less important in the eyes of

statesmen, to prevent any one other nation from engrossing too large

a portion of the navigation of the world.” Mr. Huskisson, he stated,

held that, in those two branches of our maritime system, the fisheries

and the coasting trade, there appeared no motive for alteration, and

that the laws referring to them must remain unchanged, so long as we

were desirous of upholding our great commercial marine. With reference

to the European trade, he also declared that the altered state of the

world compelled England to enter into some new treaties; that, in so

far as exclusion was within their reach, they were bound to grant and

enforce a monopoly in favour of the British shipowner—not, indeed,

for his especial advantage, but because the commercial marine was

the foundation of our naval power, and the maintenance of that power

the paramount duty of all governments. It was Mr. Liddell’s opinion,

however, that the reciprocity treaties had ever been distasteful to

British shipowners, and, that they had suffered in their carrying

trade from unequal competition with other countries; but that it was

now too late to think of giving them up or of altering a policy to

which the country had pledged itself. With regard to the comparative

expenses of British and foreign ships, it suited, he said, the case

of the Repealers to make this comparison of expenses with the ships

of the United States alone; but why not look to the Baltic States,

with the trade of which the whole of the eastern parts of this island

were directly connected? It was proved, he urged, before a Committee

of the House, that the relative cost of a British and Russian ship,

both as regards construction and current expenses, was much in favour

of the latter, and he called, therefore, on the House not to fritter

away the great interests committed to its charge. He, in a long and

closely-reasoned speech, strenuously opposed the appointment of the

Committee. The motion was supported by Mr. Hume, Mr. Bright, Mr.

Labouchere, Lord Sandon, and Mr. Mitchell, and opposed by Lord G.

Bentinck, Alderman Thompson, Captain Harris, Mr. Hudson, and Mr.

Disraeli; but, Sir Robert Peel having given a very decided opinion in

favour of inquiry, and Lord John Russell having supported the proposal

on the part of the Government, Mr. Ricardo’s motion was carried by 155

to 61.

[Sidenote: Committee appointed, February 1847.]

[Sidenote: Meeting of Shipowners’ Society, August 12, 1847.]

This was the first blow aimed with serious effect against the existence

of the Navigation Laws; and, though the Free-trade party affected

slightly to disguise their intentions by only asking for inquiry, their

zealous partisans out of doors made no scruple in avowing that the

total abolition of the Navigation Laws was the real object of their

agitation. Circumstances connected with this inquiry led the General

Body of Shipowners to hold a special meeting on the 12th August, 1847,

but, curiously enough, they did not advance a single remark on the

increasing activity of their own business, brought about as this had

been in a great measure by the legislation to which I have referred. It

cannot be questioned that, if British shipowners had suffered severely

in previous years, the reductions in the tariff since 1842, together

with the demand for shipping to bring supplies of food for the starving

populace of Ireland, had greatly increased their actual business and

their future prospects. Nor were other causes wanting to enhance and to

ensure this prosperity. A new trade had been developed by the discovery

of vast deposits of guano in the islands of the Pacific (of far greater

importance than those on the coasts of Africa), and this alone required

a large amount of tonnage; while the rapidly increasing consumption

of sea-borne coals secured for them another source of remunerative

employment. In spite of these obvious advantages, shipowners, however,

expressed no feelings of satisfaction, though these new channels

of trade afforded them a profitable employment for their vessels:

they probably feared that by so doing the Free-traders would at once

introduce a measure for the repeal of the Navigation Laws. Nor were

their fears groundless. Parliament having thrown out the idea that

protection as a principle could not be maintained, the shipowner had to

show that his case, as the advocate of maritime commerce generally, was

an exception to this rule.

[Sidenote: Their arguments.]

The Shipowners’ Society of London alleged, with no mean tact and

ability, that their members, as a section of the community, advanced

no claim to special privileges, and demanded no exemption on abstract

grounds, from any burdens to which other interests were subjected. But

they argued that, if for objects of supposed national benefit wherein

they had no special advantage, the State imposed on them burdens and

restrictions, common justice prescribed that they should be protected

from the competition of those who were not so tied down, otherwise they

would not be able to compete with the shipowners of foreign nations.

They further argued, and not without reason, that, by the Registry

Laws they were compelled to use the most costly ships in the world;

by the Navigation Laws to employ exclusively the highest paid and

most expensively fed seamen, those of native birth; and, by a variety

of laws, presumed, also, to be of essential importance, they were

specially taxed, and, at the same time, were prevented from conducting

their pursuits in the way most conducive to their own profit. Clinging,

however, tenaciously as they did to the principle of the Navigation

Laws, they could hardly expect that their view in favour of protection

to their own interest would be entertained; and this, too, at a period

when every vessel at their command was fully employed; when they were

realizing large profits, and when, indeed, ships could scarcely be

found to convey from other countries sufficient food to meet the wants

of the people.

The Committee[47] who were appointed on Mr. Ricardo’s motion had

examined during the session a great number of witnesses, and in the

course of their inquiry made no less than five reports, limiting

themselves, however, to the evidence taken, the substance of which I

shall hereafter lay before my readers.

[Sidenote: What constitutes “British Ships.”]

But before I do so, it is necessary, even at the risk of wearying

my readers, that I should give the meaning which has been usually

attached to “British ships,” especially as this has varied in different

trades and, from time to time, in the same trade, and explain, in as

condensed a manner as possible, the more important changes in the

old Navigation Laws, not already noticed or sufficiently described.

Originally, a “British ship” was held to be one owned by the people

of England, Ireland, &c., or, if built in the Plantations, owned by

the people thereof, being British subjects. In 1786, an Act was passed

(26 Geo. III., c. 60), by which it was provided for the future that

no ships should be entitled to the privilege of “British ships” but

such as were British built as well as British owned and navigated;

exceptions, however, being made in favour of foreign ships built before

May, 1786, and belonging, at that date, to English owners. Ships of

this class might engage in all such voyages as were previously open

to British-owned ships though not necessarily of British build. From

the time that these ships of 1786, or of older date, became worn out,

the term “British ship” acquired the sense in which it was used, up

to 1847, except as regards the coasting trade, for which this further

provision was made, that no foreigner was permitted to serve in her as

a seaman.

It is also necessary to notice the effect of some clauses in the Act

of 34 Geo. III., cap. 68, which provided that no ship, registered or

required to be registered as a British ship, could import or export any

articles whatsoever, unless duly navigated by British subjects. Thus

a restriction, previously unknown, was placed on our export trade to

foreign parts, and on the import from Europe of other articles than

those enumerated in the Act of Navigation.

On further examination of the Navigation Act, it will be seen that

exceptions from its general rules occur in two instances (Levant and

East India goods) in favour of certain imports in British-_built_

ships; while, in two other instances (Spanish and Portuguese colonial

goods, bullion and prize goods), they were in favour of importations in

British-_owned_ shipping.

Lastly, provision was made in the 10th and 11th sections of the “Act

for the Prevention of Frauds” (13 & 14 Car. II., cap. 2) with reference

to the purchase of foreign-built ships, and for securing that such

ships should be wholly owned by English persons, before they could

avail themselves of the privileges conferred by the Act on such ships.

Such were the leading conditions of the “Act of Navigation” so far as

regards “British ships;” but the “Statute of Frauds” further enacted

(sect. 6, par. 2) that no foreign-built ship (that is to say, no ship

built anywhere except in England, &c., or in his Majesty’s dominions in

Asia, Africa, or America), except ships purchased before a given day

and prize ships, should enjoy the privilege of a “British ship,” though

owned and manned by “British subjects”; and such ships were deemed as

aliens’ ships, and were liable therefore to all duties applicable to

this class of vessels.

By a subsequent Act (15 Car. II., cap. 7, sect. 6) no goods from

Europe were to be imported into the British possessions except in

British-built shipping; and, by the Plantation Act (7 & 8 Will. III.,

cap. 22, sect. 2) all importations into, and exportations from,

these possessions must be in British-owned, and British-built, and

British-navigated vessels. Prize ships, if British owned, were, and

always have been, entitled to the privileges of British vessels; the

system of registering vessels having been first prescribed by the

last-named Act.

Having thus stated the principles regulating “British ships,” I must

now proceed to notice in some detail the more important changes in the

Navigation Laws.

[Sidenote: State of Navigation Laws in 1847. Rules in force in the

Plantation Trade.]

These Laws, in 1847, resting as they did on the Act of Parliament

then in force, so far as regards _The Plantation Trade_ provided

(_Rule 1_) that “No goods shall be _exported_ from the United

Kingdom to any British possession in Asia, Africa, or America, nor to

the islands of Guernsey, Jersey, Alderney, or Sark, except in British

ships” (8 & 9 Vict., cap. 88, sect. 7). But vessels belonging to the

United States may carry goods from this country to the principal

British settlements in the East Indies (59 Geo. III., cap. 54, sect.

6). The Sovereign had the power to conclude treaties, allowing the

same privilege to the ships of other foreign countries, and some such

treaties were actually concluded: _e.g._ with Austria and in fact

Russia (see 8 & 9 Vict., cap. 90, sect. 9).

_Rule 2._ “No goods shall be carried from any British possession

in Asia, Africa, or America, to any other of such possessions, nor from

one part of such possessions to another part of the same, except in

British ships” (8 & 9 Vict., cap. 88, sect. 10).

_Rule 3._ “No goods shall be _imported_ into any British

possession in Asia, Africa, or America, in any foreign ships, unless

they be ships of the country producing these goods, and from which

they are usually imported”[48] (8 & 9 Vict., cap. 88, sect. 11). But

an Order in Council might declare that goods, &c., the growth of any

foreign country, might be imported into Hong Kong from the same or any

other foreign country, in vessels belonging to the same or any other

foreign country, and however navigated (see 8 & 9 Vict., cap. 88, sect.

12).

Her Majesty might also, by Order in Council, declare that goods of any

sort, or the produce of any place, not otherwise prohibited by the Law

of Navigation, might be imported into any port or ports of the British

possessions abroad, to be named in such Order, from any place, _in a

British ship_, and from any place not being a part of the British

dominions, in a foreign ship of any country, and however navigated, to

be warehoused for _exportation_ only (8 & 9 Vict., cap. 88, sect.

23).

[Sidenote: Their rigorous character.]

_Rule 4._ The privileges of trading allowed to foreign ships under

_Rule 3_ were limited to the ships of those countries which,

_having colonial possessions_, should grant the like privileges of

trading with those possessions to British ships, or which, not having

colonial possessions, “shall place the commerce and navigation of this

country, and of its possessions abroad, on the footing of the ‘most

favoured nation’: unless her Majesty, by Order in Council, shall in any

case deem it expedient to grant the whole, or any of such privileges,

to the ships of any foreign country, although the conditions aforesaid

shall not in all respects be fulfilled by such foreign country” (8 & 9

Vict., cap. 93, sect. 4).

_Rule 5._ “No goods shall be _imported_ into, nor shall any goods

(except the produce of the fisheries, in British ships) be _exported_,

from any of the British possessions in America by sea, from or to any

place other than the United Kingdom, or some other of such possessions,

except into or from the several ports in such possessions called ‘Free

Ports.’” (See 8 & 9 Vict., cap. 93, sect. 2.) The 62nd section of

the Act applied this principle to the Mauritius, as well as to the

American possessions; while, under the 90th section, the trade of other

colonies was regulated by the Queen. Goods could be imported by inland

navigation into any place where there was a custom-house. The rule was

not to extend “to prohibit the importation or exportation of goods into

or from any ports or places in Newfoundland, or Labrador, in British

ships;” and by the 2nd section, certain articles might be imported

from Guernsey and Jersey into places where the fishery was carried on,

though the same were not free ports. These five rules comprise the Law

as it stood in 1847. But it is also as well to give some account of its

previous history and its various modifications.

[Sidenote: Their history from 1660 to 1847.]

The Act of 1660 established two rules applicable to the Plantation

trade, which were deemed of the highest importance to the country:

first, that the whole trade of the Plantations should be carried on

in “British” ships only; and secondly, that the principal productions

of these Plantations should be allowed to be exported only to the

mother country, or some other Plantation. A third general rule was

introduced, a year or two later, by the Act of 15 Car. II., cap.

7, sect. 6, viz., that no goods of the produce of Europe should be

imported into any of the Plantations in Asia, Africa, or America

(except Tangier[49]), in any vessels whatsoever, but such as were

_bonâ fide_ and without fraud laden and shipped in England, Wales,

or the town of Berwick-upon-Tweed, in English-built vessels.[50]

In the year 1825, on the general consolidation of the Customs Laws, the

above limitations of the right of exportation were removed, and the law

with regard to the _Plantation trade_ was placed nearly on the

footing on which it stood in 1847. In fact, the further consolidations

of 1833 and 1845 made little change in the previous regulations. With

regard to _Rule 3_, viz., that goods, the produce of Europe, were

only to be imported into the colonies from the United Kingdom, this was

subject, originally, to a few exceptions: thus, salt might be taken to

the fisheries from any port of Europe; and wines of Madeira and the

Azores might be imported thence, &c. A relaxation of the rule was first

made in favour of Irish linens, various subsequent alterations having

been introduced, till at length, in 1825, the law with reference to

such importations was placed on nearly the same footing as prevailed in

1847; that is to say, the importation and exportation of all classes

of goods into or from the “Free Ports” in different colonies were,

generally, legalised, subject to certain prohibitions against the

importation of particular articles, some of which were afterwards

removed, while others (_e.g._ those against pirated books,

counterfeit coin, &c., and the restrictions on gunpowder, arms, &c.)

remained. A tariff of differential duties on foreign goods, of which

duties one-tenth (subsequently increased to one-fourth) was to be

remitted, when the goods were imported through an English warehouse,

was, at the same date, enforced.

The principle of this tariff and of the practice of remission were

retained; but legislation was constantly effecting small changes, to

meet the wishes or, rather, the demands of colonial legislatures which

perhaps, naturally, looked only to their own interests.

Such may be taken as the intermediate history of the Navigation Law as

it affected the Plantation or Colonial trade.

[Sidenote: First infringement of the principle of confining the

American trade to British vessels.]

The first decided infringement of the general principle of confining

the trade to British ships took place on the conclusion of the treaty

with America, the effect of which has been described.

In 1808, when the King of Portugal emigrated to Brazil, the same

privileges, as had been granted to the United States, were extended

to the inhabitants of the Portuguese possessions in South America, by

the Act (48 Geo. III., cap. 11) which allowed the produce of those

territories to be imported thence into Great Britain and Ireland in

vessels built in those territories, or made prize by Portuguese ships,

and owned and navigated by Portuguese subjects resident in the said

territories. After the conclusion of the treaty with Portugal in 1810,

a further Act (51 Geo. III., cap. 47) extended the above facilities

to all Portuguese-built vessels or prizes owned and navigated by

Portuguese subjects, without requiring that they should be residents in

America.

[Sidenote: Absurdity and impotency of these laws.]

On the revision of the Customs Laws in 1822 (3 Geo. IV., cap. 43,

sect. 3), the principle and the above exceptions in favour of the

United States and Portuguese colonies were preserved, and were further

extended to countries in America or the West Indies, being, or having

been, under the dominion of Spain. It must be remembered that, as

respects the principle that the produce of Asia, Africa, and America

was only to be imported into England from the place of its origin, the

old law recognised the doctrine of the 5th section of the Navigation

Act, that goods _manufactured_ in any country should be held to

be _the produce of that country_, even though made from materials

produced elsewhere.

[Sidenote: State of the law before the Declaration of American

Independence.]

At the commencement of the American War of Independence, the chief

regulations as to trade, the operations of which have been already

described, were that the Americans could neither import nor export in

any but British ships; they could not carry important articles of their

own produce to any part of Europe other than Great Britain; and they

could not import any goods from any part of Europe other than Great

Britain.[51]

[Sidenote: Trade with Europe.]

With regard to the _trade with Europe_, the law in 1847 declared

that the several sorts of goods hereinafter enumerated, being the

produce of Europe, viz., masts, timber, boards, tar, tallow, hemp,

flax, currants, raisins, figs, prunes, olive-oil, corn or grain,

wine, brandy, tobacco, wool, shumach, madders, madder-roots, barilla,

brimstone, bark of oak, cork, oranges, lemons, linseed, rape-seed and

clover-seed, could not be imported into the United Kingdom, _to be

used therein_, except in British ships, or in ships of the country

of which the goods were the produce, or in ships of the country from

which they were usually imported, 8 & 9 Vict., cap. 88, sect. 2. But

such goods, not being otherwise prohibited, might, by the 22nd section

of that Act, be warehoused for exportation, though brought in other

ships; a privilege confirmed by the 3 & 4 Vict., cap. 95.

[Sidenote: Modifications of the law.]

Some embarrassing questions having, from time to time, arisen as to the

right of importing the produce of particular European States in ships

built in countries incorporated into those States subsequent to the

passing of the Navigation Act, as, for instance, the question whether

Prussian produce might be imported in ships built in East Friesland, it

was enacted, 22 Geo. III., cap. 78, that the enumerated articles might

be imported in ships, the property of subjects under the same sovereign

as the country of which goods were the produce, although the country

or place where such ship was built or to which it belonged, was not

under the dominion of such sovereign at the time of the passing of the

Navigation Act. It will be observed that this statute not only effected

its immediate purpose of putting the dominions and sovereign of any

one country on the same footing in respect to the Navigation Law, but

also extended the right of importing, originally confined to ships

“built in” the country of export, to ships “belonging to” such country.

Several alterations of an unimportant character were made, bearing

upon these points; but, in the consolidation of 1825, the proviso was

introduced into the Navigation Act, and still retained in 1847, “that

the country of every ship shall be deemed to include all places which

are under the same dominion as the place to which such ship belongs.”

In the meantime, however, the Act of 1822 (3 Geo. IV., cap. 43,

sect. 6) had made an important alteration in the law, by allowing

importations of the enumerated goods, either in ships of the country

of which the goods were the produce, or in ships of the country whence

these goods were usually imported. At the same time, the prohibitions

against the importation of articles from the Netherlands, Germany,

Turkey, and Russia were taken off.[52]

In 1822 tallow and tobacco were also added to the list of enumerated

articles: and, since that time, wool, shumach, madder, barilla,

brimstone, bark, cork, oranges, lemons, linseed, rape-seed, and

clover-seed have likewise been added; while salt, pitch, rosin,

potashes, wine, and sugar were struck out.

The only alteration of any consequence in the European trade, since the

consolidation of 1825, was that made to carry out the Austrian Treaty

of 1838, which will be noticed hereafter.

[Sidenote: East India trade and shipping.]

The trade, however, with the East Indies has always been exceptional,

and deserves special notice, as the exclusive right of trading within

certain limits, long enjoyed by the Company, together with the peculiar

nature of the Company’s jurisdiction, produced some anomalies.

The two points most worthy of notice are, first, the concession of

the rights of British ships to ships not fulfilling all the usual

requisites of the law; and secondly, the admission of certain foreign

ships to an equality in some respects with British ships.

On the first point, the statute 21 Geo. III., cap. 65, sect. 33,

provided that ships belonging to the East India Company should be

held to be British owned, although the Stock of the Company was held

by a considerable number of foreigners. Other statutes (35 Geo. III.,

cap. 118; 42 Geo. III., cap. 20) allowed to ships built within the

territories of the Company, or in places in the East Indies under

British protection and owned by the Company, the privileges of British

ships in trade with India, though such ships were neither British built

nor duly registered. When the exclusive privileges of the Company

were broken in upon (53 Geo. III., cap. 155) the same privilege was

extended to similarly circumstanced vessels, the property of private

individuals, by Order in Council. But when the Registry Laws were

extended to India, from this time nothing but British-built ships were

to be entitled to the privileges of British vessels (54 Geo. III.,

cap. 35; 53 Geo. III., cap. 116). Exceptions were made in favour of

ships under 350 tons burden, and of others, the property of British

subjects, and built or building before 1st January, 1816: but these

classes of ships were only to be employed in trade within the limits

of the Company’s Charter. Subsequent changes were made; and, by the

Act 3 & 4 Vict., cap. 56, in force in 1847, the Governor-General in

Council had power given him to declare all ships built within the

limits of the Charter, and owned by those of Her Majesty’s subjects for

whom he had power to legislate, entitled to the privileges of British

ships within those limits. By the fourth section of the same Act, the

Governor-General had, also, the power of conferring the same privileges

on ships belonging to States in subordinate alliance, or having

subsidiary treaties with the East India Company.

[Sidenote: Trade with India, in Foreign and United States Ships,]

With regard to the navigation of East India ships, it is sufficient

to notice, that, by the 20th section of 4 Geo. IV., cap. 80 (still in

force in 1847), as well as by the 17th section of the Navigation Act (8

& 9 Vict., cap. 88), Lascars and other natives of Asia were not to be

deemed British seamen. But by section 21 of the same Act, any number of

Lascars might be employed; provided only that there were four British

seamen to every hundred tons of the vessel’s burden: by section 23,

however, it appears that British seamen need not be employed in certain

voyages within the limits of the Charter.

On the subject of privileges granted to vessels of foreign countries

in the trade with India, reference must be made to Act 37 Geo. III.,

cap. 117 (still unrepealed in 1847), which authorised the Directors

of the East India Company, subject to the approval of the Board of

Control, to make such regulations as they thought fit with respect to

the trade to be carried on in ships of countries on friendly terms with

England. The case, however, of America was peculiar, in this sense,

that her ships were enabled to clear out from English ports to China,

while English merchants could not send a British ship to that country!

Thus, the Act of 59 Geo. III., cap. 54, sect. 6, allowed United

States ships “to clear out from any port of the United Kingdom for

the principal settlements of the _British_ dominions in the East

Indies,—_videlicet_, Calcutta, Madras, Bombay, and Prince of Wales

Island,—with any articles which could be legally exported from the

United Kingdom to the said settlements in British-built ships, subject

to the same regulations, &c., as applied to British-built ships.”

[Sidenote: even from English ports.]

It was under the security of this clause that the traders of the United

States sent their vessels to the port of London, to clear out, not

for the special ports mentioned in the above Act, but for China, the

only exclusive trade at that time retained by the East India Company.

Whether the omission of the word China in the Act was an inadvertence,

or whether it was, in fact, a violation of the law for United States

vessels to go to Canton as well as to the other places within the

limits of the Company’s Charter detailed in this Act, the authorities

of the Board of Trade did not care to distinguish.[53]

[Sidenote: Coasting Trade.]

As regards the COASTING TRADE, the law—8 & 9 Vict., cap. 88,

sect. 8—in force in 1847, declared that no goods nor passengers could

be carried coastwise from one part of the United Kingdom to another,

or from the United Kingdom to the Isle of Man, and _vice versâ_,

except in British ships, although the original Navigation Act of 1660

did not prevent foreign-built vessels from engaging in the coasting

trade. The prohibition in the ancient Act extended only to such as

were _foreign owned_, 12 Car. II., cap. 18, sect. 8. By the Act

of 1 James, cap. 18, an extra duty of 5_s._ per ton for every

voyage was laid upon all foreign-built ships engaged in this trade.

Subsequently, by 34 Geo. III., cap. 68 (extended to Irish ships by

42 Geo. III., cap. 61), it was enacted, that vessels engaged in the

coasting trade should be wholly navigated by British subjects; and

this provision was still in force in 1847 by virtue of the definition

of a “British ship,” given in the 12th section of the Act of 8 & 9

Vict., cap. 88. The absolute restriction of the coasting trade to

British-built ships was not introduced till the consolidation in 1825.

The trade of the Isle of Man was put on the footing of a coasting trade

in 1844.

Such is an abridged history of the law of Navigation during the

intermediate period between 1660 and 1847, comprising the four great

divisions of the trade and navigation of the United Kingdom.

No one can rise from a study of these laws without a feeling of

amazement at the trouble our ancestors gave themselves “to beggar their

neighbours,” under the erroneous impression which too long prevailed,

that, by their ruin, our own prosperity could be most effectively

achieved. It is, therefore, not surprising that, under such legislative

measures, maritime commerce was for centuries slow in growth, and that

British merchants and shipowners frequently suffered quite as much

through the instrumentality of laws meant for their protection as their

foreign competitors, against whom these regulations were levelled.

[Sidenote: Summary of the Navigation Laws.]

For the convenience of reference it may be useful to give before

closing this chapter a condensed recapitulation of the principles of

these extraordinary laws, as they stood in 1847, so that my readers

may more clearly understand the discussions in the Lords and Commons

preceding their repeal:—

1st. Certain enumerated articles of European produce could only be

imported into the United Kingdom, for consumption, in British ships,

or in ships of the country of which the goods were the produce, or in

ships of the country from which they were usually imported.

2ndly. No produce of Asia, Africa, or America could be imported for

consumption into the United Kingdom from _Europe_ in any ships;

and such produce could only be imported from any other place in British

ships, or in ships of the country of which the goods were the produce

and from which they were usually imported.

3rdly. No goods could be carried coastwise from one part of the United

Kingdom to another in any but British ships.

4thly. No goods could be exported from the United Kingdom to any of the

British possessions in Asia, Africa, or America (with some exceptions

with regard to India), in any but British ships.

5thly. No goods could be carried from any one British possession

in Asia, Africa, or America to another, nor from one part of such

possession to another part of the same in any but British ships.

6thly. No goods could be imported into any British possession in Asia,

Africa, or America, in any but British ships, or in ships of the

country of which the goods were the produce, provided, also, in such

case, that such ships brought the goods from that country.

7thly. No foreign ships were allowed to trade with any of the British

possessions unless they had been specially authorised to do so by Order

in Council; and

8thly. Powers were given to the Queen in Council which enabled her

to impose differential duties on the ships of any foreign country

which did the same with reference to British ships; and also to place

restrictions on importations from any foreign countries which placed

restrictions on British importations into such countries.

It will be remarked, that in the regulations respecting the trade of

Europe the restrictions only applied to _imports_. Exports were

not affected; in fact, so far as the Navigation Act was concerned,

foreign ships might export any goods from this country. British

manufacturers had naturally required that no impediment should be

placed upon the exportation of British goods. This was perhaps the only

sensible clause in the whole paraphernalia of these laws.[54]

FOOTNOTES:

[37] I daresay at that time Lord Russell had not studied the question

sufficiently. I arrive at this conclusion from a note I received from

his Lordship in the present year (1875), in which he says, referring to

the repeal of the Navigation Laws:—“I felt convinced by the reasoning

of all writers, of whom the present Chancellor of the Exchequer, Sir

Stafford Northcote, was one of the most able, that the Navigation Laws

ought to be repealed. I was not frightened by Lord Derby’s sinister

predictions, and events have proved me right.” Sir Stafford Northcote

at the time was, I think, private secretary to Mr. Labouchere,

the President of the Board of Trade under Lord John Russell’s

Administration, and it is curious to learn that his Lordship, then the

Prime Minister and leader of the great Whig party, should have been

made a convert to the necessity of _further_ progress by the young

Conservative. Of course these writings could not have been read by Lord

Russell at the time when he made the “declaration” to which I refer in

the text.

[38] It seems worth while to give here in a note the dates of the

several steps taken in the repeal of the Navigation Laws, with the

references to _Hansard_, where the several speeches can be

consulted:—

1. Committee moved for by Mr. Ricardo, February 9, 1847. (Hansard,

lxxxix. p. 1007.) Carried by 155 to 94. Committee appointed February

16. 2. Lord John Russell proposes to suspend Navigation Laws with

reference to the importation of corn, June 14. (Ibid., xciii. p. 472.)

3. Discussion on Navigation Bill, July 2. (Ibid., p. 1138.) 4. Motion

of the Earl of Hardwicke for a Committee, February 25, 1848. (Ibid.,

xcvi. p. 1313.) 5. Committee of whole House on Navigation Bill, May 15,

1848. (Ibid., xcviii. p. 988.) 6. Motion of Mr. Herries in reply to Mr.

Labouchere, May 29, 1848. (Ibid., xcix. p. 9.) 7. After five nights’

debate Mr. Labouchere’s motion is carried by 299 to 177, June 9, 1848.

(Ibid., p. 664.) 8. Mr. Labouchere moves resolution for Navigation

Bill, February 14, 1849 (Ibid., cii. p. 682), which is agreed to

(Ibid., p. 741). The Bill is read a first time, February 16. (Ibid., p.

759.) 9. Second reading, March 9, 1849 (Ibid., cii. p. 464), which is

carried, March 12, by 266 to 210. (Ibid., p. 625.) 10. Third reading,

April 23 (Ibid., civ. p. 622), and Bill carried by 275 to 214 (Ibid.,

p. 702). 11. Bill introduced into the House of Lords, May 7. (Ibid., p.

1316.) Carried May 9, by 173 to 163. (Ibid., cv. p. 83.)

[39] Hansard, February 9, 1847, p. 1007.

[40] The preceding eighteen months had seen the height of the railway

mania.

[41] The Spaniard, he said, would take in a cargo of sugar at Cuba

which he would deliver at a _French_ port, and take in wine for

us; but _we_ had so arranged that when he arrived at our ports

he would be met by a custom-house officer, who would tell him that he

could not be permitted to land his cargo. “Why?” the Spaniard would

inquire. “I understood you wanted wine.” “So we do,” the officer would

reply. Then the Spaniard would say, “I will exchange my wine for your

earthenware.” “That will not do,” replies the officer. “It must be

brought by Frenchmen on a French ship.” “But the French do not want

your earthenware”[42]. “We cannot help that; we must not let you

violate our Navigation Laws”[43].

[42] They did very much; for Mr. Garratt, the partner of Alderman

Copeland, said at the time to a friend of mine, that he would ruin

every earthenware potter in France if they would allow British

earthenware to be admitted free of duty.

[43] The Spaniard was no doubt under a misapprehension. The _French

wines_ could _not_ have been brought into our ports in a

_Spanish_ ship; wine being an enumerated article which was

excluded, “except in _British ships_, or ships of the country of

which the goods are the produce.” (8 & 9 Vict., cap. 88, s. 2.)

[44] We give the words of Adam Smith, p. 203 _et seq._ of his

‘Wealth of Nations,’ by McCulloch. _Ed._ 1850. “There seem to be

two cases in which it will be advantageous to lay some burden upon

foreign for the encouragement of domestic industry. The first is, when

some particular sort of industry is necessary for the defence of the

country. The defence of Great Britain, for example, depends very much

upon the number of its sailors and shipping. The Act of Navigation,

therefore, very properly endeavours to give the sailors and shipping of

Great Britain the monopoly of the trade of their own country, in some

cases by absolute prohibition, and in others by heavy burdens upon the

shipping of foreign countries.” Adam Smith, at great length, expounds

the principle of the Navigation Laws, admitting at the same time that

they are not favourable to the growth of the opulence arising from

foreign commerce. “As defence, however,” he adds, “is of much more

importance than opulence, the Act of Navigation is perhaps the wisest

of all the commercial regulations of England.”

In another passage, Adam Smith says: “To expect, indeed, that freedom

of trade should ever be entirely restored in Great Britain, is as

absurd as to expect that an Oceana or Utopia should ever be established

in it.” P. 207. Same Edition.

[45] The first return of vessels engaged in the colonial trade refers

to a year when protection (with the exception of the few Reciprocity

Treaties then in force) was at its height; and the second to a year

when it had been greatly relaxed. It ran thus:—

Inward Outward

Tons. Tons.

1826 Protected 939,321 839,558

Unprotected 1,011,309 897,867

--------- ---------

Total 1,950,630 1,737,425

--------- ---------

1844 Protected 1,460,882 1,551,251

Unprotected 2,186,581 2,301,571

--------- ---------

Total 3,647,463 3,852,822

--------- ---------

In 1826 the total amount inwards and outwards, } 1,778,879

protected, was }

In 1844 Ditto ditto 3,012,133

Showing an increase of 1,233,254 tons, or 69·32 per cent.

In 1826 the total amount inwards and outwards, } 1,909,176

unprotected, was }

In 1844 Ditto ditto 4,448,152

Showing an increase of 2,578,976 tons, or 135·07 per cent.

[46] The speech in question (an admirable one) was delivered _12th

May, 1826_. _Vide_ Hansard, ‘Navigation Laws,’ vol. xv. p. 1144.

[47] The Committee consisted of Mr. Ricardo, Sir Robert Peel, Mr.

Mitchell, Mr. Alderman Thompson, Mr. Villiers, Sir Howard Douglas,

Admiral Dundas, Mr. Lyall, Mr. McCarthy, Mr. Thomas Baring, Mr. Hume,

Mr. Liddell, Sir George Clerk, and Mr. Milner Gibson.

[48] This section was originally specially aimed at the Dutch, who had

few native productions of their own.

[49] Tangier, opposite Gibraltar, was at that time an important British

possession.

[50] Our space only admits of an abridgment, but the reader will find

all details about the Navigation Law in a paper by Mr. J. S. (now Sir

John Shaw) Lefevre, published in the Appendix to the Report of the

Committee of the House of Commons appointed in 1847.

[51] Those of my readers who are curious to study the laws whereby we

hoped to bring the “rebellious colonies to order,”—vain hope!—or who

may desire to know how the parent treated its own offspring when the

children felt themselves strong enough to do for themselves, may read,

as I have done, though perhaps not to much advantage, 14 Geo. III.,

cap. 19; 15 Geo. III., cap. 18; and 16 Geo. III., cap. 5: all passed

in rapid succession under the melancholy delusion that they would have

the effect of a Pope’s Bull!—and that, too, on an enlightened but

oppressed people, who had resolved to govern themselves! My readers

may then turn to 23 Geo. III., cap. 26, and 23 Geo. III., cap. 39,

where an attempt was made to mend matters by some sort of regulation

of trade between the two countries, whereby Great Britain resolved to

have the lion’s share; and then to 25 Geo. III., cap. 1; 27 Geo. III.,

cap. 7; and 28 Geo. III., cap. 6, where certain modifications were

made, or rather could be made by “Order in Council,” and where “thirty

enumerated articles” the “growth, produce, or manufactures of the

States,” might be “carried into the British West Indies from the United

States,” but then “_only_ by British subjects in British ships”!

If my readers are disposed to go further—though I cannot recommend the

research—into this wretched system of legislation, they may refer to 31

Geo. III. cap. 38, where the Governors of the West India Islands were

allowed to relax certain prohibitions “in case of public emergency;”

and to 51 Geo. III., cap. 47, sect. 6, and 58 Geo. III., cap. 27,

where we seem to have gained a little more wisdom by extending certain

“privileges”!—_rights_ (?)—to an independent and industrious

people.

[52] The grounds of these important modifications of our Navigation

System were stated in Mr. Huskisson’s Speech, 12th May, 1826.

[53] The Americans acted on the section of the Act, which says, “any

articles which may be legally exported from the United Kingdom to the

said settlements.” Thus Canton was deemed a foreign place with regard

to the American Trade; but, in that it was included within the limits

of the East India Company’s Charter, American vessels could trade there

though English vessels could not!

[54] Mr. Lefevre, of the Board of Trade, said he did not know the

reason of this; but as a matter of fact, Venice, Spain, France, and the

Hanseatic League had Navigation Laws _before_ we had, and would

not have our goods _except in their own ships_. So necessity, not

wisdom, compelled us to make this allowance.

CHAPTER V.

Progress of the changes in the Navigation Laws—Reciprocity

Treaties—Austria, July 1838—Zollverein States, August 1841—Russia,

1843—Various anomalies, &c., then in existence—Curious effects

of Registry Laws, as regarded individuals or corporate

bodies—Ship _Equador_—Decision of the Queen’s Bench,

December 1846—Further details: owner to reside in the United

Kingdom—Naturalisation of goods brought to Europe—Waste of

capital caused thereby; and obstructions to trade—Story of the

cochineal—But the Navigation Laws not always to blame—Special

views of the Canadians—Montreal, its shipping and trade—Navigation

of the St. Lawrence—Free-trade with the United States desired

by the farmers of Canada—Negotiations proposed—Canadians urge

the abolition of Protection—Views of Western Canada—Canadians,

really, only for partial Free-trade—Improvements of their internal

navigation—Welland Canal—Cost of freight the real question—Loss

to Canada by New York line—General summary of results as to

Canada—West Indians for Free-trade as well as Canadians—Divergent

views of capitalists at home—Liverpool and Manchester opposed.

[Sidenote: Progress of the changes in the Navigation Laws.]

[Sidenote: Reciprocity Treaties.]

[Sidenote: Austria, July 1838.]

The first instance of privileges being granted to ships of certain

countries to import goods from ports in other countries was in the

case of Austrian ships. The 4th clause of the treaty of 1838 between

Austria and England provided, that all Austrian vessels from ports of

the Danube, as far as Galatz inclusive, should, with their cargoes, be

admitted into the ports of the United Kingdom and into all possessions

of Her Britannic Majesty, exactly in the same manner as if the said

vessels had come direct from ports strictly Austrian, with all the

privileges and immunities granted under the Treaty of Navigation

and Commerce. In August 1840, an Act was passed to give effect to

this treaty, the 3rd clause of which, running as follows, was very

important:—“And whereas, by the application of _steam_ power[55]

to inland navigation, and the facility thereby afforded of ascending

rivers in suitable vessels with imported goods, new prospects of

commercial adventure are opened up to many States situate wholly or

chiefly in the interior of Europe, and whose most convenient ports

are not within their own dominions; and, consequently, the trade of

this country with such States might be greatly extended if the ships

of such States were permitted to use, for the purposes of such trade,

some ports of other States, in like manner as if such ports were

within their own dominions; and, accordingly, treaties of commerce

and navigation beneficial to the shipping and trade of this country

might be made with such States if Her Majesty were enabled to carry

such treaties into effect. Be it therefore enacted, notwithstanding

the Navigation Act, that it shall be lawful for Her Majesty from

time to time to declare, by the Order in Council, to be published as

aforesaid, that any port or ports to be named in such order, being the

most convenient port or ports for shipping the produce of any State,

to be also named in such order, shall, although not situated within the

dominions of such State, be port or ports for the use of such State in

the trade of such ships with all ports of the British dominions, &c.,

in as full and ample a manner as if such port or ports were within

the dominions of such State, &c.; and so long as such order shall be

declared to be in force, it shall be lawful to import, &c., any goods

in the ships of such State, which, by the laws in force at the time of

such importation, might then be imported in such ships from a port of

the country to which they belonged, and so to import such goods upon

the like terms as the same could there be imported from the national

ports of such ships.” Subsequently to this Act, several Conventions

of Navigation, to some of which I have already briefly referred, were

carried out, whereby the privileges just described were granted to

various other nations.

[Sidenote: Zollverein States, August 1841.]

[Sidenote: Russia, 1843.]

The first was with Prussia, on behalf of the Zollverein States,[56]

whereby the mouths of the Meuse, Elbe, Weser, and Ems, and those of all

the navigable rivers between the Elbe and the Meuse were made free;

thus offering means of communication between the sea and the territory

of any of the Zollverein States thus opened as ports for ships of the

Zollverein, so far as relates to trade with the United Kingdom or

the British possessions. A little later, in 1843, a similar treaty

was made with Russia, by which Russian vessels, arriving from the

mouth of the Vistula or Niemen, or any other river, the outlet of any

navigable stream, having its source in Russia and passing through the

Czar’s dominions, were admitted, as if coming from Russian or Finnish

ports. With Oldenburg there was also a treaty relating to the Elbe,

Ems, Weser, and Meuse, and also with Mecklenburg-Schwerin. Lastly,

like arrangements were made with Hanover, giving very nearly the same

privileges as those to Mecklenburg-Schwerin. At a later period, orders

were given to allow the same indulgence to ships of Oldenburg, the

Hanse Towns, and Holland, as had been given to Hanover; so that, at

this time, England had relaxed her Navigation Laws to the extent of

calling ports, places not geographically belonging to Austria, Russia,

Oldenburg, Mecklenburg, the Zollverein, Hanover, or the Hanse Towns;

a concession of vast importance, especially as regarded the import of

corn.

[Sidenote: Various anomalies, &c., then in existence.]

In fact, the Navigation Laws, as they stood in 1847, were full of

anomalies, and were altogether unsuited for the state of things at

which nations had now arrived. The 7th clause of the Act 7 & 8 Vict.,

cap. 88, directed, that “no goods shall be _exported_ from the

United Kingdom to any _British possession_ in _Asia_, Africa,

or America, nor to the islands of Guernsey, Jersey, Alderney, or Sark,

except in British ships.” Goods, the produce of colonies in Asia,

Africa, and America, could, however, be brought in vessels of any flag

to the Channel Islands, but, from these, they must be brought in a

British ship; and there was also the further anomaly, as we have shown,

of United States vessels being allowed to clear out with produce and

manufactures of the United Kingdom to the East Indies.

[Sidenote: Curious effects of the Registry Laws]

[Sidenote: as regarded individuals or corporate bodies.]

Power was then, also, granted to the Queen in Council to allow any

foreign nation to trade with British colonies; and this privilege was

granted to a considerable number. To some it was accorded without

restriction; to others, such as France and Spain, who were rivals,

restricted powers were given; while the privilege, granted to the

United States of trading with British colonies, was afterwards

accorded to Columbia, Rio de la Plata (including the States since

formed), Mexico, Hayti, Chili, France to a limited extent, and the

Spanish Colonies; and, further, all countries within what were called

the limits of the East India Company’s Charter, that is, all foreign

countries west of Cape Horn, and east of the Cape of Good Hope, had

liberty to trade with the British possessions within the same limits.

(Order in Council, 16 July, 1827.) French ships under this order were,

however, only allowed to import into British colonies such goods, the

produce of France, as were enumerated in the table annexed to the order

(Orders, 1 June, 1826; 16 Dec., 1826), this order not including wine,

the staple of France, a distinction deliberately adopted and confirmed.

But, besides these perplexing anomalies, and others to which I shall

presently call attention, the execution of the Navigation Law, as it

was in 1847, was full of difficulties arising from the Registry Law,

and the naturalisation of goods brought to Europe, &c. With respect

to the Registry Law, there was a clause (the 13th) of the Navigation

Act which stated “that no ship shall be admitted to be a British

ship unless duly registered;” and that this might be properly done,

the owner had to declare “that no foreigner has any right, share, or

interest in the ship.” The following remarkable case will show how

completely the spirit of this old law was neutralised in the case of

Joint-Stock Companies.

[Sidenote: Ship _Equador_.]

[Sidenote: Decision of Queen’s Bench, December 1846.]

An application was made to the Collector at Liverpool for the registry

of a ship called the _Equador_, belonging to the Pacific Steam

Navigation Company. In the first instance, the Company required

registry as a Joint-Stock Company, and three members, who had been

duly elected and appointed trustees, attended at the Custom-House,

Liverpool, to subscribe the requisite declaration of registry, in

conformity with the provisions of the 13th and 36th sections of the

Act 8 & 9 Vict., cap. 89 (the Registry Act). By the 13th section, the

trustees of a Joint-Stock Company, in common with all other owners

of British ships (_excepting those owned by corporate bodies_),

were required to declare “that no foreigner, directly or indirectly,

hath any share or part interest in the said ship or vessel.” The

trustees in question stated that they could not make that declaration,

because, in point of fact, foreigners did hold shares in that ship,

and also in the other vessels belonging to the said Company; and they

requested the Collector and Controller at Liverpool to expunge from

the declaration the words above recited; but those officers, having

no legal authority to comply with this request, refused to make this

alteration. The Company then addressed the Board of Customs, requesting

that they would direct their officers at Liverpool to expunge from

the declaration the words above recited; but the Board, acting under

advice, refused compliance with the request. The Company’s secretary

then demanded registry on behalf of the Company as a “corporate body,”

and claimed to make the declaration, contained in the 13th section of

the Act aforesaid, which applies to corporate bodies. That declaration

does not, like the other declaration, exclude foreign interest; and

if, in the first instance, the Company had claimed registry as a

corporate body, the probability is, that it would have been granted as

a matter of course, without raising the question of foreign interest.

But the Collector and Controller at Liverpool, with a full knowledge

that foreigners were proprietors of the vessel, and adverting to the

13th and other sections of the Registry Act, refused registry; and

the Commissioners of Customs, acting upon their solicitor’s opinion,

supported the Liverpool officers in their refusal to grant the

registry. The Company then moved for a mandamus in the Court of Queen’s

Bench; and, after the usual proceedings in such cases, it was decided

by the Court that as the Company applied for registration in its

corporate capacity, the Court could not take notice of its constituent

members, whether they were actually foreigners or not; or, in other

words, that an English Incorporated Company was a British subject for

the purposes of the Registry Act.

[Sidenote: Further details: owner to reside in the United Kingdom.]

The result of this remarkable decision was that foreigners, when

incorporated, could own a ship, but not individually. In an extreme

case, a ship might, ultimately, become the sole property of foreigners

exclusively, and yet be entitled to be registered as a British ship,

as a corporate body remains permanently. So that the law created the

curious anomaly that a foreigner could not have a share in a British

vessel, but might be the owner of all the shares of a corporate body

which owned, for instance, the _Great Eastern_. Another difficulty

arose with reference to the residence in or out of England of the

owner of a ship. The Free-trade party contended that if a foreigner

were disposed to come here and build a ship, there was no disadvantage

either to British shipbuilders or British shipowners, or British

sailors, especially as he could hold all the shares of a ship. On

the other hand, it was contended that this was an extreme case, not

likely often to occur, and the principle, if acted upon, of allowing

individual ownership, might give considerable power to foreigners to

the prejudice of British subjects; in fact, that the violation of this

principle went to the very basis of the Navigation Law, which it would

destroy. To such a point was real British ownership carried out, that,

as the Act required owners of British ships to reside in the United

Kingdom, the owner of a British registered ship, if he resided at

Paris,[57] would lose his privileges as such.

Other difficulties arose from the indefinite character of the law:

thus, gin could be brought into England, but brandy could not, in

_any_ foreign ships. American vessels could not bring corn

from Holland; while, on the other hand, American corn landed in

Holland could not be brought to England in a Bremen ship; and these

difficulties were, in the case of corn, considerably increased by

the difficulty of pronouncing upon the actual origin of the corn, as

none but the most experienced dealers in grain could decide such a

question, and, even with them, it must often have been mere guess work.

A case occurred in which timber from Memel was sent to British North

America, and, afterwards, brought to England at the low differential

duty then existing. The law, at that time, permitted the produce of

British possessions abroad to be imported, without its being described

as _the produce_ of those possessions; a tolerated evasion, it

is clear, of the Navigation Law. But in the case of a ship arriving

from Hayti, bringing a cargo of Haytian produce, the master described

his ship as a Swedish ship, there being, in point of fact, no Haytian

ships. In this case, the goods were liable to forfeiture; but they were

allowed to be warehoused for exportation, and the vessel was permitted

to depart. A Swedish ship was clearly inadmissible under the 16th

Section of the Navigation Act.

[Sidenote: Naturalisation of goods brought to Europe.]

Perhaps one of the greatest absurdities attending the practical working

of the Navigation Law was that which related to the “naturalisation”

of goods, the produce of Asia, Africa, and America, which, when once

landed in Europe, were, by this Act, not admissible into the ports of

Great Britain, even in British ships, for home consumption.

Two remarkable cases came under my own experience, so curiously

illustrative of the laxity and stringency of the law respectively, as

to deserve especial notice. In the first case, thirty-five casks of

annatto, the produce of Cayenne, a French colony, were in course of

transit in a French ship to Bordeaux. This valuable dye could have

been brought _direct_ from Cayenne in a British ship for home

consumption to England; but, if once brought from the French colony in

a French ship, and _landed_ in Europe, it was clearly inadmissible

under the clause, “that goods, the produce of Asia, Africa, and

America, shall not be imported from Europe into the United Kingdom to

be used therein.”

The value of annatto is apt to fluctuate suddenly from very low to

enormously high prices, just as the fashion for the colour varies.

Annatto on this occasion rose to a high price; and a London agent,

knowing that thirty-five casks of it were on their way to Europe, set

his wits to work to bring this French colonial produce into a port in

England, in spite of the Navigation Laws. The agent was thoroughly

acquainted with every branch of the law, and asked himself what

constituted _a landing in_ Europe? Having satisfied himself on

this point, he arranged with an eminent house at Bordeaux to purchase

the annatto for arrival, land the cotton, which constituted the chief

part of the cargo, and charter a small vessel, and send on the annatto

to London in this _British ship_. This was done; and, when the

vessel was on the point of arrival, he sought the Commissioners of

Customs, and frankly avowed his proceedings. Mr. Dean, one of the

chief officers, admitted that, many years previously, especially

during the war in 1810, similar transhipments had been allowed, under

the authority of the officers of the Crown,—a mere transhipment, and

certain formalities performed at the French Customs, not being “a

landing in Europe,”—and the thirty-five casks of annatto were admitted

at a profit to the partners of nearly 3000_l._[58]

[Sidenote: Waste of capital caused thereby,]

In the second case, the rigour of the law led to the greatest

absurdity. About the year 1839, the price of coffee was very high in

the London market, while large quantities of the finest Java and Dutch

colonial coffee were warehoused in store in Amsterdam. This produce

was clearly inadmissible under the clause already quoted, having

been, beyond all dispute, “landed in Europe.” In what way could this

coffee be brought into the London market in the teeth of the existing

stringent Navigation Laws? The same agent, who represented one of the

oldest Dutch houses, contracted to deliver a cargo of Dutch coffee at

a given price at a distant period. He then chartered a British ship,

which he sent to Amsterdam, took in a cargo of coffee, and the ship

thus laden with Dutch colonial produce was sent to the Cape of Good

Hope. At that colony the coffee was landed, or, at all events, was

supposed to be landed, fresh papers were made out, and the coffee

consigned to London as “naturalised” produce, and, coming direct

from a British colony in a British ship, was, of course, admissible

for home consumption. To despatch many thousand tons of coffee and

other produce half across the globe from Europe, for no other purpose

than to be brought back again, in order to comply with the rigorous

provisions of the old Navigation Laws, which, in point of fact, were

nullified as regards goods, while the shipowners alone reaped the

advantage of this useless and protracted voyage, was surely a climax

of absurdity! Nevertheless, it is within my own personal experience

that a large amount of business was transacted in this way, all the

expenses incurred being, in an economical point of view, a total waste

of capital.

[Sidenote: and obstructions to trade.]

[Sidenote: Story of the cochineal.]

Again, on the part of the old law, the want of adaptability to

the changing conditions of different markets was often a serious

difficulty. Thus, it often happened that the state of these markets in

different parts of the world presented favourable mercantile prospects;

but no suitable vessel could be found to carry the goods to the market

where they were required. For instance, hostilities being about to

break out between France and the United States in 1834, the price of

French brandy rose enormously in America, while, at the same time, the

large quantities of that article then in England rendered it unsaleable

in the London market. At the time there was not an American vessel to

be chartered in the Thames, and the American Navigation Laws precluded

the brandy from being carried in a British vessel. On the other hand,

palm-oil, at times, could not be brought from the United States, there

being no British vessel available for charter on the spot. In such

cases, the merchants complained in their letters in doleful terms,

“I have lost my commission, and some British vessel the freight.”

Instances of such occurrences were multiplied from all parts of the

world. Much was said at the time about the difficulty of bringing

cochineal from the Canary Islands, where the cactus, on which it feeds,

had recently been cultivated for this purpose. Though it might be

absurd to raise such complaints, as the smallest possible inconvenience

resulted from the state of the law as it affected this particular

article, the principle applied to the whole colonial system; and, as

Spain refused to allow British ships to carry British goods to the

Canaries, it was urged that our colonial system ought to be altered, so

as to induce Spain to modify hers. Cochineal produced in the Canaries,

and landed at Cadiz in Europe, like other articles, had to be sent

elsewhere out of Europe to be naturalised, in order to come in for home

consumption.

[Sidenote: But the Navigation Laws not always to blame.]

Perhaps, practically, these anomalies did not, to any large extent,

occasion impediments to business beyond retarding its extension,

because every merchant was so well acquainted with the provisions of

the Navigation Laws (which were as much studied for their evasion as

otherwise), that less inconvenience resulted[59] than might have been

expected. The law, however, assumed so many complex forms with time,

new discoveries, treaty obligations, and perpetual minor alterations,

that, irrespectively of the advantages or disadvantages of a total

change, arguments could be raised for a complete abrogation of every

existing Act, if it were only to commence anew and remodel the law, so

as to avoid the habitual and vexatious discussions and disputes with

the Customs to which the system gave rise.

[Sidenote: Special views of the Canadians.]

As regarded the operation of the Navigation Laws with reference

to Canada, it was far more complicated than even that between the

mother-country, her colonies in the West Indies, and the United States.

While some of the shipowners of England had, as we have seen, gone

so far as even to demand protection against the shipping of English

colonists, the Canadians were busily occupied with efforts in an

entirely opposite direction. They were not inclined, by a system of

protection, to force their trade in any particular channel: for, so far

as regarded the carrying-trade of the North-Western American States,

the Canadians obviously could only secure its passage through their

territory by holding out superior advantages in the way of cheapness

of transit. For this purpose they had already done everything that

great enterprise and expenditure could accomplish. They succeeded as

far as possible; and, at length, possessed a line of communication at

once more rapid and more cheap from the interior to the sea than any

existing in the United States. The whole question then was confined

to the comparative advantages of shipment from Quebec or Montreal, or

from New York. If those ports could be nearly equalised in respect

to freights to England, Canada would succeed in her object; if the

disparity continued as it did then, all her efforts would have been

unavailing.

[Sidenote: Montreal, its shipping and trade.]

It was, generally, represented that the high rate of freight between

Montreal and the United Kingdom was owing to the limited number of

ships employed in the import trade of Canada. In the spring and latter

end of the summer, ships, composing what was called the spring and fall

fleet, arrived; and, so long as they were in port wanting freight, the

rate was comparatively moderate; but in the interval, being the middle

of summer, when most of the western produce arrived for shipment,

an inferior class of ships only were at hand, which delivered their

cargoes in bad condition, and, at the same time, charged exorbitant

rates, according to the quantity of produce for shipment. The rate of

freight is said to have fluctuated in Montreal in one and the same

season between 3_s._ 6_d._ and 7_s._ 6_d._ per barrel; and it is stated

that the higher rate, from 6_s._ to 7_s._ 6_d._ per barrel, had been

paid in Montreal, while freights were offered in foreign ships at New

York as low as 1_s._ and 1_s._ 6_d._ per barrel; indeed, at this time,

an offer of 1_s._ 6_d._ per barrel extra would have brought any number

of ships round from the American sea-ports, but the Navigation Laws

interposed. It was clearly seen that such fluctuations in the rates

of freight, together with the employment of inferior vessels, could

not have occurred were the Canadian merchants able to select in the

American ports such ships as were seeking freight to Europe.

During the temporary suspension of the Navigation Laws in 1847,

twenty-two ships arrived from Bremen at the port of Montreal laden with

emigrants intended for the United States, that route being chosen as

easier and cheaper. These ships on their return took cargoes for the

United Kingdom; and it was evident that, if the same facilities were

continued, the great German emigration to the United States would to

some extent pass through Canada. This was but one instance of many

which might be reasonably expected, if foreign vessels could resort to

the Canadian ports. These ships were well fitted for the carriage of

wheat and flour; and the competition produced by their presence would

not only tend to reduce the freight from Canada to an equality with

those from the States, but the good condition of the cargoes delivered

would be assured; the shippers would, in this way, be saved from the

use of inferior vessels, the damage caused by which was thought not to

be over-estimated at an average of five per cent. on such shipments.

[Sidenote: Navigation of the St. Lawrence.]

Again: the American merchants of the West were anxious to avail

themselves of the facilities afforded by the River St. Lawrence.

Thus, if their vessels were permitted to come down to Montreal and

Quebec, there to meet American or foreign ships to take their cargoes

on freight to Europe or elsewhere, it was naturally thought that an

extensive and profitable commerce through Canada would immediately

follow; the lower ports, by these means, at once assuming the position,

as commercial depôts, to which their geographical position on that

great river outlet of Northern America seemed to entitle them.

[Sidenote: Free-trade with the United States desired by the farmers of

Canada.]

Connected with this important subject of the free navigation of the

St. Lawrence west of Quebec, which the Americans were desirous of

procuring, a corresponding desire prevailed on the part of the Canadian

farmers to avail themselves of the American home market, whenever it

offered superior prices to those derived from exportation to Europe.

The price of wheat and flour in the Eastern States, required for

home consumption, was often much higher than the price in Canada for

exportation, and when this happened, it would obviously have been

greatly to the advantage of the Canadian agriculturist if he could

have exported his produce to the United States. This he was prevented

from doing by a protective duty of a quarter of a dollar per bushel

upon wheat. Efforts had been made in the United States to abolish this

duty; but the advocates of its abolition were constantly defeated by

the Protection cries of the American farmers, or by a difficulty as to

the “most favoured” nation-clause in treaties with Foreign Powers, the

more so, as a relaxation in favour of Canada was, naturally, capable of

extension to any or all nations with whom the United States had such

treaties subsisting. Here is a clear instance how commercial treaties,

even of a liberal character, become as much “entangling alliances” as

the political conventions of “amity and friendship” have so frequently

been. Indeed, the “favoured” nation-clause, however well intended and

beneficial in the highest degree in certain cases, has often been a

source of dispute to those States who either have accepted or enforced

it, and, even more so, to those countries which have been compelled

to adopt it. The interests of great nations vary so much at different

periods that inflexible rules in politics or commerce must frequently

operate very prejudicially, and cannot be maintained with entire

consistency for the true interests of the commonwealth.

[Sidenote: Negotiations proposed.]

It was thought that if the free navigation of the St. Lawrence were

offered to the American Government in return for the abolition of the

protecting duty, one measure to be co-existent with the other, Congress

would be inclined to abolish the protective duty; while the abolition,

being a matter of reciprocal arrangement, all difficulty arising from

the commercial relations of the United States with foreign countries

might thus be avoided.

[Sidenote: Canadians urge the abolition of Protection.]

The more advanced section of the Free-trade party of Canada pressed

this proposal on the executive government, together with the abolition

of all protection conferred by the Navigation Laws, which it was

asserted was, after all, purely nominal, and only to secure other

advantages. They pronounced the so-called Protection to be in its

effects upon Canada practically mischievous, contending that, if

the trade was nearer from Canadian waters to the canals and ports

of the United States, British shipowners would have to compete with

foreigners in the ports of that country; that, if they could do this

successfully there, they could do so in the Canadian ports; but if

not, under existing circumstances, the trade of Canada could not

afford to maintain a mere legal monopoly: moreover, if the supposed

Protection only led to the desertion of the cities and sea-ports of

Canada, without subserving the interests of British shipowners, it was

hoped that useless restrictions, irreconcilable with the withdrawal of

protective duties in the United States in favour of Canadian produce,

would be at once removed.

[Sidenote: Views of Western Canada.]

The Canadians could not indeed fail to perceive, when the question was

raised in the mother-country, that a great portion of the exportable

produce of Western Canada, probably by far the greater part, was at

that very moment on its way to ports in the United States; that little

was expected at Montreal; that the canals constructed on the St.

Lawrence were almost idle; that importing ships coming to Montreal

were without their usual full freight; that the principal importations

into Western Canada were effected through the United States; and

that the trade of the city of Montreal was in consequence rapidly

decreasing. On the other hand, they observed the greatly-increasing

consumption and importation into their country of articles formerly

imported wholly through that port. Hence they inferred, that the

opening of Canadian sea-ports to vessels of all nations, with

permission to send colonial produce to England in any vessels, as

well as the opening the River St. Lawrence above Quebec to Americans,

would probably restore trade to its original channel, and increase the

commerce and revenues of Canada beyond precedent.

[Sidenote: Canadians really only for partial Free-trade.]

Such were the hopes entertained by the Canadians of a modification in

the restrictive system. But even the boldest of their Free-traders

shrunk for a time from the notion of an unconditional surrender of the

natural advantages the navigation of the St. Lawrence conferred upon

Canada. Hence they proposed to themselves to reserve their full rights,

and confined their advocacy to such changes in the law relating to

navigating the St. Lawrence above Quebec as would enable them to make

terms with the Americans. They had then no idea of throwing open to

foreigners generally the use of their great rivers without an ample

equivalent: they contented themselves with asking for powers from the

Imperial Legislature to enable them to negotiate from time to time on

the subject, and to make the navigation of the river a matter of treaty

and regulation; preserving their own sovereignty, with power to resume

the exclusive use of it at the conclusion of any agreement.

[Sidenote: Improvements of their internal navigation.]

Hitherto the enterprise and energies of the colonies had been almost

exclusively directed to the important objects of improving the internal

navigation of the St. Lawrence from Lake Erie to Quebec, so as to place

it in such a state of cheapness and efficiency as would make that route

more advantageous as a port of embarkation for a sea voyage than any

route through the United States.

[Sidenote: Welland Canal.]

In the case of the Welland Canal, Canadians could not fail to perceive

that the passage of American vessels down and up had contributed to

render it profitable. Indeed, the Welland Canal was used extensively

by American vessels, as it was a short communication between the two

great lakes, and, at the same time, admitted of the passage of large

vessels, which, instead of entering the American Erie Canal at Buffalo,

proceeded down Lake Ontario to Oswego, where goods are transferred to

the canal-boats for transport to New York. In this way a large portion

of the revenue from the Welland Canal was derived from the American

trade, arising from the free navigation of a part of the internal

waters of Canada, and thus Western Canada enjoyed the benefit of a

navigation supported to a considerable extent by foreign commerce.

[Sidenote: Cost of freight the real question.]

It was observed, further, that, if products from the Western States

could be transported to the sea more cheaply through Canada than

through America, the Canadian route would of course be preferred,

and thus the Canadian canals would engross the carrying trade of

the North-Western States of America. But if, on the other hand,

the advantage of the perfect inland navigation was more than

counterbalanced by the rates of freight from Quebec and Montreal to

Europe, the people of Western Canada, having no protection in the

English markets by using the Canadian lines of communication, would

send the whole of their produce by way of New York, and import such

articles of foreign consumption as they required by the same route.

So long as the colony enjoyed Protection in the British market

no injury to its commerce could arise, because the extent of the

protection was generally sufficient to prevent the owners from

divesting the Canadian produce of its British character, and it could

not become available for the home market of America, unless on the

payment of a heavy duty. Even with regard to American produce, the

provision in the old Corn Law giving to American wheat and flour the

same protection as Canadian if exported through Canada, with the

payment of 3_s._ per quarter duty in the province, was, at most

times, a sufficient inducement for many Americans to make shipments to

Montreal, as well as for the Canadians to make purchases in the United

States. When, however, by the repeal of the Corn Laws all protection

was removed, the question became one of mere cheapness of transport;

and taking an average of the preceding four years, the difference in

freight was no less than 3_s._ per barrel of flour in favour of

New York over Montreal.[60] Even when the benefits enjoyed by Canada

in her internal navigation, estimated at 1_s._ 6_d._ per

barrel, were deducted, there would still remain in favour of New York,

1_s._ 6_d._ on each barrel of flour—an advantage quite sufficient to

turn the whole export trade into that channel.

[Sidenote: Loss to Canada by New York line.]

As the United States then admitted the transit of Canadian produce

through their territory, the loss it encountered at New York arose from

the necessity of complying with the Navigation Laws, which forbade

its being imported into England in foreign ships (8 & 9 Vict., cap.

88, sect. 4). At the same time, it must, also, be noticed that, as

freight in British ships from New York to England was no higher than

the freight in American ships, this restriction, confessedly, had no

appreciable influence on the question of transmission through Canada or

the United States.

For some time, previously, the import trade of Western Canada, which,

by means of protecting duties in favour of British ships and British

goods, was forced to come by the St. Lawrence, had been changing its

direction, and Montreal, which supplied the whole western country,

was becoming deserted by the western merchants. The new Customs Law

of that province, while it equalised duties, enabled the consumer

to purchase in the cheapest market, and, thus, vastly increased the

evil to former importing cities; hence, a very large proportion of

the export trade also of Canada had now taken the direction of New

York. There was, therefore, naturally a serious apprehension, lest the

great public works of the St. Lawrence would cease to be useful and

profitable, and, that the commercial connection so many years existing

between Western and Eastern Canada would thus be altogether cut off.

It has been unnecessary to refer to the export trade in timber from

Canada, as this stood on exceptional grounds. Indeed, a general

opinion prevailed that the export of timber from Quebec would probably

be carried on, under any circumstances, in British ships specially

employed in that branch of trade.

[Sidenote: General summary of results as to Canada.]

From these important considerations it was concluded:—

1st. That, as Canada then enjoyed but a remnant of Protection in

England, she ought to be released from any restrictions _for the

benefit of the shipowner_.

2nd. That, without the free navigation of the St. Lawrence and a repeal

of the Navigation Laws so far as British North American Colonies were

concerned, there was reason to apprehend that New York would become the

emporium of the trade of Canada, and further, that, thus, a community

of interests, commercial and political, would be created with the

United States.

3rd. That, in such a case, the repeal of these laws would not

materially injure the British shipowner, the question simply being

whether competition for trade should take place in the harbours of the

United States or in the River St. Lawrence.

Lastly, That the repeal of these laws would have a tendency to

perpetuate, and not to destroy, the relations existing between Canada

and the mother-country.

[Sidenote: West Indians for Free-trade as well as Canadians.]

[Sidenote: Divergent views of capitalists at home.]

For these reasons, an organisation of merchants in Montreal, and in

various towns in Canada, who had leagued themselves as Free-traders

and had been very active in disseminating their views, as well as in

enforcing them, with all the influence they could command, on the

colonial Governor, and on the English Executive and both Houses of

Parliament, now demanded the total repeal of the British Navigation

Laws. They did not, however, stand alone in their desire for

unrestricted navigation. The West Indies, as soon as they found that

the British Parliament had taken away the protection afforded to them

by the differential duties, were as loud in their complaints as the

Canadians, the more so, as having been deprived of all protection on

their sugars by Lord John Russell’s Equalization Act of 1847, it became

indispensable to get their produce conveyed to market at the cheapest

possible rate of freight, so as to compete, with any chance of success,

with their foreign rivals. They therefore denounced the Navigation Laws

in no measured terms; and when Montreal petitioned that its corn should

be admitted into the ports of Great Britain in ships of any nation

their merchants thought proper to charter, the West Indians preferred

the same request, in order to secure the lowest cost of transport for

their sugar. While, therefore, the colonists were urging the adoption

of the principle of an entire free trade with the colonies, many

capitalists of England, and, especially, the shipowners, viewed with

great alarm the total abandonment of what was known as our “colonial

system,” and declared their apprehension that such a change would

throw the carrying trade into the hands of the United States. Clinging

to Protection, they said, in their memorials to Parliament, “that

the only remaining thing connected with our whole important and most

magnificent colonial system, which enabled us to baffle the efforts

of the whole world united against us, was that part of the system

under which the produce of the colonies was obliged to be brought to

this country in British ships.” These alarmists declared that such a

relaxation as the colonists now demanded would ruin them inevitably.

Regarding every concession which had been made to the Americans during

the preceding half century, having as it had for its object increased

intercourse with the West Indies, as a pernicious policy, tending to

injure British colonies and to encourage American trade, they alleged

that the protection of the colonies had not been carried far enough;

that British shipowners could not exist without Protection; that

the uncertainty prevailing with respect to the Navigation Laws was

productive of injury to the country, as no persons would embark capital

in shipping; and, further, that, as regarded the West Indies, it was

not the _general_ wish of the colonists that the Navigation Laws

should be repealed.

[Sidenote: Views of Manchester and Liverpool.]

In this controversy, the important cities of Manchester and Liverpool

each took also a very different view. The great Free-traders of the

former desired the unconditional repeal of the Navigation Laws,

feeling convinced that their cotton and corn would then be brought

to them at cheaper rates, and that they would be able to deliver

to much greater advantage in distant markets the products of their

manufacturers; but the shipowners of Liverpool, almost as a body

(though there were a few important exceptions), were exceedingly

adverse to any material change in these laws, as they regarded with

great and natural jealousy the then triumphant progress of American

shipping.

FOOTNOTES:

[55] I give this clause at length, because it is about the first step

towards a change in our Navigation Laws, which had become necessary

to render them practicable, after steam had been introduced for the

propulsion of our ships. This mighty instrument of civilisation, about

which I shall have a great deal to say hereafter, drove itself through

numerous Acts of Parliament, and showed how vain were legislative

measures when opposed to the progress of science.

[56] The Zollverein States are, Prussia at the head: Anhalt-Bernburg,

Anhalt-Dessau, Anhalt-Kothen, Baden, Bavaria, Brunswick,

Frankfort, Hanover, Hesse-Cassel, Hesse-Darmstadt, Hesse-Homburg,

Hohenzollern-Hechingen, Hohenzollern-Sigmaringen, Lippe-Detmold,

Luxemburg with Limburg, Mecklenburg-Schwerin, Nassau, Oldenburg and

Kniphausen, Reuss (Old line), Reuss (New line), Saxony, Saxe-Altenburg,

Saxe-Coburg-Gotha, Saxe-Meiningen, Saxe-Weimar, Eisenach, Schwarzburg,

Rudolfstadt-Schwarzburg, Sonderhausen, Waldeck, Wurtemburg. The

Zollverein embraces an area of 131,615 geographical square miles, with

a population of 28½ millions, being 63·08 per cent. of the whole area

of Germany as it then existed, and 64·35 per cent. of its population.

The several States entered voluntarily into the regulation.

History of merchant shipping and ancient commerce, Volume 3 (of 4) · 第 18 / 27 章