At this stage of the debate Sir Robert Peel, who had been silently

waiting to express his opinions, rose to address the House. On rising

he had to encounter an unusual demonstration of hostility from the

Protectionist benches; and for the first few sentences these unseemly

interruptions continued; but he soon imposed silence upon his opponents

by turning round disdainfully and saying, “this is not a matter to

be disposed of by clamour, but by deliberate reason. It is possible

the opinions I avow may be erroneous, but, depend on it, you show no

confidence in the strength of your own if you have no better answer

to give me than boisterous clamour.” This appeal to be answered by

arguments alone secured the ex-minister a hearing. His speech, however,

was not one of his happiest efforts. He went over the same ground as

preceding speakers, referring to many parts of the evidence, produced

mainly to show that England need not fear competition even with the

Americans; he warned the House that the claims of Canada could not be

long resisted, remarking that it will benefit Parliament to examine

into the state of the Navigation Laws, with a view to an extensive

alteration of them. He, however, avoided giving a direct opinion on

many essential points; and, with respect to the policy of opening the

coasting trade or continuing the restriction, he reserved his views for

the present. Nor did he offer any opinion as to the policy of requiring

for every “British ship” that three-fourths of the crew should be

British seamen. He also reserved his judgment as to the mode by which

Government proposed to make the alterations: his first impression

being to proceed by reciprocity treaties, and to make concessions to

such Powers as were willing to make equivalent concessions to us. On

the other hand, it did not escape him that these reciprocity treaties

were themselves sources of constant trouble. The “favoured-nation

clause,” he added, seems simple enough, but when you come to act on it,

practically, these treaties involve us in great difficulties. There

was, he said, an admitted difference between the case of differential

duties on navigation and on the imports of goods under a tariff. And he

felt that it was most difficult to determine whether the concessions

any given country is willing to make, or has the power to make, are

equivalent to those made by some other, the commercial demands and

commercial produce of which may be of a totally different nature.

Again, with regard to reciprocity treaties, great difficulty he thought

might ensue in the event of war; and the power Government proposed to

retain of re-imposing restrictive duties would be found very difficult

to exercise. It would in his judgment invert the relations between the

Crown and the Parliament. The House of Commons would be favourable,

and relax, the Crown would restrain. The House of Commons would give

universal privileges, and in the course of four or five years the

invidious duty would be thrown upon the Crown of withdrawing privileges

the House of Commons had granted. Sir Robert, to avoid this ungracious

duty, threw out the hint that the Act should be made limited in

duration, so as to come again before Parliament. Suppose, he suggested,

the trade were to be opened for five years; at the end of that period

the privileges given would necessarily expire, and every country would

have notice that they had the means of averting the re-establishment

of restrictions by entering into some further arrangement with this

country. He preferred to see the object effected in that way rather

than by new reciprocity treaties; in short, that America, as well as

other nations, should do what she had proposed by legislation rather

than by treaty.

There was some renewal of hostile interruption at the conclusion of Sir

Robert’s speech; but it seemed clear that he felt by no means disposed

to run at once a race with the Whigs in a Free-trade policy as regarded

navigation; at least, it was evident from his speech that his mind was

not then made up on many essential points, and, further, that he had

doubts as to the wisdom or expediency of immediate and unconditional

repeal.

[Sidenote: The resolution carried by 117,]

This important and remarkable debate was closed by a short speech from

Lord John Russell, who apparently did not then take that interest in

the question which might have been expected from his position as Prime

Minister, and considering the views he had long entertained on all the

great questions of progress. The House then went to a division on Mr.

Herries’ amendment, or rather on the previous question, when there

appeared, Ayes 294, Noes 177, being a majority of 117 in favour of

going into committee upon the Navigation Laws.

[Sidenote: but abandoned for a time.]

By this decision the ground was cleared for the Ministerial measure;

but as the above result was not arrived at until the 9th June, it

was manifestly hopeless to expect that any Bill could be carried

through both Houses of Parliament during that session; the more so

as the Committee of the House of Lords was still sitting. Hence

many who were anxious for a settlement, seeing the great majority

by which the resolution was carried, censured Government for having

delayed the measure until so late a period of the session. During

the ensuing month, however, the subject was avoided on both sides;

the Lords’ Committee adjourned _sine die_, with no other result

than the printing of the evidence; and on the 10th August, when Mr.

Labouchere laid his resolution in form upon the table, he announced

the intention of Ministers to abandon the measure for the present

session, hoping to re-introduce the subject at an early period the

following year. In fact, a tacit understanding had been come to by all

parties that the struggle should be deferred, and, in this spirit, Mr.

Labouchere carefully avoided any remark that might lead to discussion.

He, however, announced his intention of bringing in a Bill _pro

formâ_, as preferable to making any further official statement. The

original resolution was then laid on the table unopposed, although Mr.

Gladstone criticised its form, and Mr. Robinson denied that the House

had affirmed the principle of the Government measure; they had, he

said, only negatived the counter-resolution proposed by Mr. Herries.

So jealous, indeed, were the Protectionists, that they would not allow

the resolution to be laid upon the table till the Minister had given

his assurance that no evasion should be practised, and that the Bill

should be exactly in conformity with Mr. Labouchere’s resolution.

The original Bill bears date 16th August, 1848, and was prepared and

brought in by Mr. Bernal, Mr. Labouchere, and Lord John Russell. It was

entitled “A Bill to amend the laws in force for the Encouragement of

British Shipping and Navigation.”[96] Its provisions were strictly in

accordance with Mr. Labouchere’s statement and resolution, and reserved

the coasting and colonial coasting trade, with power of retaliation

against foreigners who might decline to reciprocate.

[Sidenote: Temper of Shipowners.]

Thus ended the first great Parliamentary struggle of 1848. The

shipowners had so far succeeded that they had staved off, for a while,

the impending danger; but the great majority in the Commons declaring

it expedient to revise the existing laws, left no doubt on any

reasonable mind that a sweeping change would be effected in the ensuing

session.

It will have been noticed that the main question in any proposed

alteration of the Navigation Laws was, whether foreign countries, and

especially the United States, would respond to our liberal policy, and,

in a spirit of fairness, make such alterations in their navigation

laws, tonnage dues, and tariff, as would promote increased commercial

intercourse on the footing of an honourable competition. Of course the

Protectionists did not assent to all this; but the temper of the House

of Commons plainly indicated that a great relaxation of restriction was

inevitable, the only real doubt being as to the best mode of securing

reciprocity. The Ministers of the Crown saw clearly that the shipowners

were alarmed at the vast change threatened, while the periodical press,

during the autumn of 1848, teemed with the most alarming statements of

impending ruin to all classes connected with ships and navigation. The

Shipowners’ Society gave extensive circulation to a variety of fugitive

publications, all advocating the defence of the national interests and

condemning indiscriminate repeal. On the other hand, there were many

whose authors were strongly in favour of reciprocity;[97] the number

in favour of total and unconditional repeal being comparatively few.

But as “Repeal,” or “No Repeal,” was the popular cry, it became more

and more manifest that unless some pledge were given that foreign

nations would reciprocate our concessions, it would be difficult, with

all the influence of the Free-trade party, to carry the Bill through

Parliament, and especially through the Upper House.

[Sidenote: Efforts of ministers to obtain reciprocity by a circular

from the Foreign Office.]

It became, therefore, of the utmost importance to extract from Foreign

Powers some intimation of their intentions. Hence Lord Palmerston,

in his own name, addressed a circular from the Foreign Office, dated

22nd December, 1848, to her Majesty’s diplomatic agents in various

countries, requesting information on those points.

In this circular, Lord Palmerston informed his agents that the

measure for modifying the Navigation Laws would be again submitted

to Parliament on its re-assembling; and, as the principle of some

modification had been practically accepted, there was no doubt that

many extensive measures would receive the sanction of Parliament. These

diplomatic agents were furnished with a statement of the existing

Navigation Laws, and of the Registry Acts, together with a notice

of the changes proposed; these being the sweeping away all existing

restrictions, with the exception of those directly relating to the

coasting trade of Great Britain and of the British possessions abroad,

all other trades being thus opened to vessels of all nations. The Bill

had, in fact, left to all foreign British possessions power either to

open their own coasting trade, if they should think fit, or to regulate

that trade with the consent of the Queen in Council. It also gave them

power to deal in like manner with the trade between one colony and

another.

It was likewise explained that ample powers were reserved by the

Crown for the imposition of differential duties, prohibitions, and

restrictions, on ships of such countries as should still subject

British ships to various duties, restrictions, or prohibitions. It was

further intended that the Bill should not come into operation for some

months after the day on which it was passed, in order that Government

might have time to ascertain the dispositions of Foreign Powers, and

be able to frame proper orders for such differential duties as might

be required whenever the intended relaxations should take effect

towards ships of such nations as were willing to adopt the principle of

reciprocity.

Finally, it was pointed out that, on the one hand, the definition

of a “British ship” was no longer to signify one of British build;

but only that she should be owned by a British subject, and be

navigated by a crew whereof three-fourths were British subjects; the

definition foreign ship being purposely omitted, in order that any ship

acknowledged by the law of a particular country to be a ship of such

country should be also recognised as a ship of that country by British

law.

With this view, Lord Palmerston desired the diplomatic agents to inform

him what restrictions were actually in force against British vessels

at such countries where they were resident, what voyages they might

engage in (with the goods they might carry), and what differential

duties or charges, direct or indirect, they were liable to, from which

the national vessels were exempt, and, above all, whether any further

restrictions or differential duties were then contemplated.

In this circular Lord Palmerston disclosed the intended policy of

the British Government, in that, while not attempting to make the

alteration in its law strictly dependent on the legislation of other

countries, it was yet prepared to consider the general policy of each

State. His agents were, therefore, instructed to ascertain whether the

Governments to which they were accredited would accept advances on

the part of Great Britain, with the object of placing their ships on

a footing of equality; the only reservation being the coasting trade;

or whether they would require any particular privileges or exemptions

for their national vessels, thereby rendering “it impossible for this

country to concede to their shipping the whole of the advantages which

would, under the contemplated measure, attach to the shipping of such

States as may place British and national vessels on a footing of more

perfect equality.”

Practically, Lord Palmerston offered, on the part of the British

Government, to remove nearly all the restrictions of the British

Navigation Law, whenever such a proposal was met in a spirit of

corresponding liberality, at the same time, however, reserving the

right to take such course as Government might deem necessary where no

such reciprocal feeling was shown.

[Sidenote: Reply thereto of America.]

[Sidenote: Mr. Buchanan’s letter.]

It is unnecessary to enter at great length into the explanations

given in reply by foreign Governments. Some of these are, however,

too important to be omitted in a work of this kind. Pre-eminently the

disposition of the United States, or rather the opinion of Congress,

as well as of the Executive, was essentially necessary to be known

on this side of the Atlantic. Consequently Mr. John F. Crampton, our

Envoy at Washington, lost no time in bringing the question before the

then American Secretary of State, Mr. Buchanan.[98] That gentleman in

reply said, that the most satisfactory answer he could give was to

furnish a copy of the first section of the Act of Congress, approved

on the _24th May, 1828_, intituled “An Act, in addition to an

Act intituled, ‘an Act concerning discriminating Duties of Tonnage

and Import, and to equalise the duties on Prussian Vessels and their

Cargoes.’” The substance of this law will be found in another part of

this work,[99] and it will be remembered that it conferred a power on

the American President to reciprocate by proclamation any abolition of

discriminating duties of tonnage or imports made by foreign nations.

Mr. Buchanan pointed out with just pride that Congress twenty years

previously had offered reciprocity of trade to all the world, and that

England might, by complying with the fair and equitable conditions of

that Act, have at any moment placed her vessels and their cargoes,

both in our direct and indirect foreign trade, on the same footing

with those of America. Mr. Buchanan added that, previously to 1828,

reciprocity in commerce and navigation had been practically adopted by

his Government in specific treaties with Denmark, Sweden, the Hanseatic

Republics, and Prussia, and had since been carried out in other

treaties concluded with Austria, Russia, &c., all of these being still

in force.

But the following remarkable observation made by Mr. Buchanan at the

close of his letter, gives conclusive testimony that when Mr. Bancroft

offered “to give us all,” _i.e._ the coasting trade, this offer

was wholly unauthorized by the American Government.[100] The words of

Mr. Buchanan were: “I might add that the President, in accordance with

the spirit of this Act (of 1828) has already made a specific proposal

to Great Britain through Mr. Bancroft to Lord Palmerston, dated 3rd

November, 1847, to conclude a treaty providing that “British ships may

trade from any port in the world to any port in the United States,

and be received, protected, and, in respect to charges and duties,

treated like American ships, if, reciprocally, American ships may in

like manner trade from any port of the world to any port under the

dominion of her Britannic Majesty”: but _of course, this proposal was

not intended to embrace the coasting trade of either country_.”[101]

Mr. Buchanan did not confine himself merely to this honest, frank

disclaimer. While his own opinions, as well as those of the highly

liberal and intelligent Secretary of the Treasury, Mr. R. J. Walker,

whose admirable report was published at the same time, were decidedly

in favour of meeting the change proposed by reciprocal legislation, he

did not conceal from Mr. Crampton that it was probable some difference

of opinion would manifest itself in Congress upon this question, from

the unwillingness felt in some quarters to throw open the ship-building

business in the United States to the formidable competition of British

shipbuilders, and more particularly to that of the shipbuilders of the

British North American colonies.

Many persons in England shared the apprehensions expressed by Mr.

Buchanan, especially those who, having watched throughout the progress

of the agitation for the repeal of the Navigation Laws, were aware

of the strong Protectionist feelings then and still prevalent on the

seaboard of the States, though not shared to the same extent by the

non-navigating classes: they did not, therefore, believe that Congress

would allow the President to put even the Act for 1828 in force without

a serious struggle. However, though no opposition was offered, the

expressions of Mr. Buchanan to Mr. Crampton warranted a reasonable

doubt lest, when it came to the point, whether reciprocity would be

granted to the ships of Great Britain. That no difficulty was started

on the other side was mainly due to the meritorious reports of Mr.

Walker, whose zeal in the cause of freedom of commerce and navigation

deserves the highest encomium.

[Sidenote: Reply of other Powers.]

The application made to France with a view of ascertaining the

disposition of the Republic to enter into a course of mutual

Free-trade had no result. M. Drouyn de Lhuys, in a letter dated 31st

January, 1849, (misdated 1848, see p. 209), complained of our partial

non-execution of the clauses of the Convention of 1826; but, as

regarded future legislation, he said in substance that, as in England

the question was being subjected to the gravest consideration, so in

France, now that her mission was to march in the way of liberality, the

greatest circumspection was necessary. The subject was referred to

the competent authorities, and a few vague words about a desire on the

part of the Republic to follow the principles of reciprocity closed the

despatch, for whatever the opinions of the President may have been, the

people of France were not then prepared to recognise the principles of

Free-trade.

Sardinia expressed a very honourable desire to meet us on the

basis of reciprocity. With Russia a practical reciprocity already

existed. In Austria no differential duties existed between national

and English vessels. The answer, however, given by Count Bülow on

the part of Prussia was by no means satisfactory, inasmuch as he

could give no pledge as to future legislation, the policy of Prussia

being bound up with the Zollverein States. The answer from Belgium

presented difficulties. That from Portugal intimated general, but

very equivocating and undecided, Free-trade principles, to the effect

that, as the peculiarities of the commerce of the different nations of

Europe were so various, the Minister of Portugal “could not believe in

the complete acquiescence of those same nations with the plan which

England proposed to follow.” A glance was directed to the benefits

of Free-trade, and Viscount de Castro added: “But if this is not the

time for restrictions, neither can it be for Portugal that of reducing

the few that exist, as that would be the means of entirely destroying

the mercantile navy.” Lord Palmerston was, however, consoled for the

unfavourable answer by the assurance of the Portuguese Government

that whatever were the facilities the nations of Europe might adopt

in correspondence with the Bill then under discussion in the British

Parliament, England would not obtain from any of those nations the

almost entire monopoly she then enjoyed in her maritime intercourse

with Portugal. The Viscount de Castro hoped, therefore, that “in

Council” no exception would be made to injure the trade of Portugal.

In spite of the want of success (and they received but scanty

support) Ministers met in their applications to foreign countries for

reciprocity, they resolutely persevered in their policy, resting for

their chief support almost wholly on the Free-trade party in the House

of Commons. The principles of Free-trade had become the established

and predominant policy of the nation, and navigation alone was the

exceptional branch which, until then, had successfully resisted

innovation.

[Sidenote: Progress of Free-trade views.]

It was very remarkable, that in the celebrated Petition of the London

merchants to the House of Commons, so far back as 1820,[102] from

which the Free-trade movement may be dated, no mention is made of the

Navigation Laws. Mr. Tooke, who drew the petition, directed chiefly

attention to the then unacknowledged fact that freedom from restraint

was calculated to give the utmost extension to foreign trade, and the

best direction to the capital and industry of the country. That the

maxim of buying in the cheapest market and selling in the dearest, the

rule of every merchant in his individual dealings, was as strictly

applicable to the trade of the nation; but had Mr. Tooke at that time

hinted anything about navigation, or the abrogation of the existing

Navigation Laws, he would have exposed himself almost to personal

danger. The success, however, of the Free-trade measures which had

been adopted since 1842 had totally changed the current of public

opinion, and it was now only the shipowners, and the still powerful

Protectionist party in Parliament, which resisted this last crowning

measure of Free-trade. The opposition of the shipowners arose from a

deep-seated conviction that utter and inevitable ruin to their class

would result from the abrogation of the Navigation Laws.

[Sidenote: Parliament of 1849.]

Parliament assembled on the 2nd of February, 1849. The commercial and

manufacturing interests were rallying, but had not as yet effectually

revived from the prostration occasioned by the commercial crisis of

1847, and the general want of confidence resulting from the shock of

the foreign revolutions in 1848. The shipping trade was in a state

of transition, as it was not until some time later that the gold

discoveries in Australia gave a fresh impulse to the “long voyage”

trade, and that towards a region of the globe which promised but a

slow, however certain, future development of wealth and navigation. The

shipowners were, in fact, still suffering a periodical depression of

trade after two or three very prosperous years.

In the Speech from the Throne delivered by her Majesty in person, she

said: “I again commend to your attention the restrictions imposed on

commerce by the Navigation Laws. If you shall find that these laws are,

in whole or in part, unnecessary for the maintenance of our maritime

power while they fetter trade and industry, you will no doubt deem it

right to repeal or modify their provisions.”

[Sidenote: Death of Lord George Bentinck, 21st September, 1848.]

When the House of Commons assembled, a great void was felt in the

absence of Lord George Bentinck, who, during the recess, had been

snatched away by death in the very pride of manhood. His devotion to

the cause of the shipowners and Protectionist principles rendered his

loss deeply felt by many classes. On the day of his interment, which

was dark, cold, and drizzling, this feeling of respect was paid in

a manner almost reverential. From nine till eleven o’clock that day

all the British shipping in the docks and in the river, from London

Bridge to Gravesend, hoisted flags half-mast high, and minute guns

were fired from appointed stations along the Thames. The same mournful

ceremony was observed in all the ports of the United Kingdom; and

not only in these, for the flag was half-mast high on every British

ship at Antwerp, Rotterdam, and Havre.[103] Whatever may have been

the political errors of Lord George Bentinck, he was eminently the

friend and champion of the shipowners. Shortly before his death he had

renounced the leadership of his party in the House of Commons, and Mr.

Disraeli had succeeded him. In the House of Lords the re-appointment of

the committee of the preceding year was slightly mentioned; but upon

an intimation from the Marquess of Lansdowne that the measure to be

introduced by Government would not be delayed for the report of this

committee, the shipowners abandoned whatever designs some of them may

have had to prolong the inquiry.

[Sidenote: Mr. Labouchere’s new resolution, February 14, 1849.]

On the 14th February Mr. Labouchere, still President of the Board of

Trade, moved a fresh resolution almost in the identical terms employed

in the preceding year. He recapitulated at great length the arguments

in favour of repeal which he had employed in the previous session. It

will be unnecessary to dwell upon these here; but his new light with

regard to the coasting trade deserves a place in tracing the progress

of our mercantile marine: on this branch of the subject he seemed to

tremble before the superior abilities of Mr. Gladstone; and the remarks

of that gentleman intimating a strong desire to surrender the coasting

trade, with a view to obtain in return that of the United States,

evidently made considerable impression upon his mind, so that he

scarcely knew what to grant or refuse. Mr. Gladstone asked, not merely

that we should give colonial trade for colonial trade, but our coasting

trade for theirs. It was asserted that the American trade, say from New

York to California, was a foreign, or colonial, rather than a coasting

traffic. But to argue that a voyage from London to Malta was to be held

part of a colonial trade, while a voyage from California to New York

was to be considered part of a coasting trade, was preposterous, and

Mr. Labouchere affected to believe that the United States would not

persist in a policy so contrary to the dictates of justice and common

sense.[104]

[Sidenote: Proposed change in the coasting trade.]

The fresh consideration which Mr. Labouchere had given to his measure

enabled him now to propose a plan which, while it did not imply a total

abolition of all restrictions, would effect a considerable modification

of them, and at the same time enable us, as he conceived, to get,

_without cavil or hesitation_, such a measure from America as

the important interests of this country demanded, without exposing

our revenue to danger, or exciting alarm among those engaged in the

coasting trade of this country.[105] Such were the sanguine but vain

expectations of Mr. Labouchere. He tried to make it appear that there

were two branches of the coasting trade, which, although they went by

the same name, were yet essentially distinct from each other. There

was the trade, conducted principally either by steamboats or small

vessels, consisting in the carrying of goods and passengers to and fro,

and depending on local connection with the places between which the

trade was conducted. With that trade foreigners could not compete; and,

consequently, he illogically argued that it was not intended to disturb

that trade or throw it open to foreign competition; so that he proposed

to keep the coasting trade, which consisted of passing from one port to

another of the United Kingdom, on its present footing. Government had,

however, he said, resolved to abolish restrictions which prevented the

combination of a coasting with a foreign voyage. It was not proposed

that either a foreign vessel or an English vessel foreign bound should

be allowed to proceed from port to port in England and then return; but

that sailing from a British port, and being bound for a foreign port,

they should be permitted to carry from one British port to another, and

then clear out and proceed on their voyage. The Customs’ authorities

reported that this could be done consistently with safety to the

revenue, provided there was a restriction that the cargoes should

not be carried in vessels under 100 tons burden, so as to prevent

smuggling, although, as a matter of fact, the light dues and other

charges must effectually prevent such a trade. Such was the bungling

scheme respecting the coasting trade proposed by Mr. Labouchere,

whereby he attempted to satisfy all parties, and bring the Americans to

terms.

[Sidenote: Mr. Bancroft recalcitrates.]

[Sidenote: Hence withdrawal of the coasting clauses.]

When Alderman Thompson asked whether any intimation had been received

from the American Government as to any convention with respect to the

coasting trade, Mr. Labouchere answered, that in a recent interview he

had had with Mr. Bancroft, that gentleman said, “he should be willing

the next day to sign any convention which should include the coasting

trade”, and Mr. Labouchere believed him to be sincere;[106] though, by

Mr. Buchanan’s letter of the 9th February (which had not yet reached

England), the American Secretary of State had expressly said, “_the

coasting trade is of course reserved_.” As a matter of course, when

Mr. Buchanan’s letter reached England all Mr. Labouchere’s visions of

reciprocity in the coasting trade vanished. At a subsequent period Mr.

Labouchere, curiously enough, entered into a defence of Mr. Bancroft,

“who was a most honourable and straightforward man.” Be that, however,

as it may, he certainly deceived Mr. Labouchere; and, indeed, Lord

Palmerston also, who up to the 5th March, expressed himself in the

strongest manner that the reply of the American Government would fully

bear out Mr. Bancroft’s pledges. Such was the ignominious rejection

of these clauses relating to the coasting trade, which had been

inserted in the Bill of 1849 to meet “the conciliatory disposition”

of Mr. Bancroft, but which his superiors at Washington sternly and

unequivocally repudiated.

[Sidenote: The debate.]

[Sidenote: Alderman Thompson, &c.]

[Sidenote: Mr. Ricardo.]

The debate on Mr. Labouchere’s resolution brought out again all Mr.

Herries’ arguments and adverse predictions about repeal. Alderman

Thompson complained that the United States minister was recalled with

every change of Presidency, and that Mr. Bancroft was notoriously

more liberal than President Taylor, who had been elected upon the

principle of Protection to native industry. Mr. Banks, Mr. Hildyard,

Sir John Tyrrell, and the Marquess of Granby followed Mr. Herries and

Alderman Thompson in the same line of objection; whilst Mr. Hume,

Colonel Thompson, Mr. Mitchell, and Mr. John Williams, maintained the

Free-trade line of argument. Mr. J. L. Ricardo vehemently supported the

extreme views of Free-trade, and said emphatically to the shipowners:

“Depend upon yourselves—depend upon your energies as Englishmen—depend

upon the resources of this country and the wealth which commands the

resources of the world, and do not trust to Acts of Parliament. It

would be better to send forth our ships free as the winds which filled

their sails, with liberty to go where they would, and come from where

it suited them, than to start them from our ports encumbered with the

8 & 9 Vict. cap. 88, and ballasted with twelve volumes of Hertslet’s

‘Commercial Treaties.’” The resolution was agreed to without a trial of

strength, and the Bill was brought in.[107] It contained twenty-three

clauses.

[Sidenote: Meeting of the Shipowners’ Society.]

Upon the 2nd March, the second reading of the Bill having been fixed

for the 9th March, the General Shipowners’ Society held their annual

meeting at the London Tavern. Their accustomed comments upon lights,

harbours, and pilotage; discriminating duties in foreign ports; the

East Indian salt monopoly; the Merchant Seamen’s Act; the Passengers’

Act; the Merchant Seamen’s Fund, and a variety of other points, which,

at ordinary times, usually occupied a large share of their attention

and space in their report—were on this occasion all subordinate to the

one question of all-absorbing consequence, the threatened impending

repeal of the Navigation Laws. To discuss special regulations affecting

maritime commerce, while the whole question of general policy trembled

in the balance, was both inconvenient and embarrassing.

[Sidenote: Their report.]

The committee narrated at great length the various steps taken by

Government since 1846 with regard to the Navigation Laws. In reviewing

the evidence taken before both Houses, the shipowners made it

appear that they were completely triumphant in establishing all the

various points on which they took their ground; viz., that no evil

susceptible of any remedy had been or could be proved, arising from

the practical operation of the Navigation Laws: that the maintenance

of the Protective principle on which those laws were founded was

indispensable to the maintenance of an extensive mercantile marine:

that the preservation of such a mercantile marine was equally necessary

for the existence of a powerful navy: and that, hence, the repeal of

the Navigation Laws would involve danger to the basis of our national

defence.

Having proclaimed their own triumph, they next turned their attention

to the Bill then before the public, and, pointing out the unsparing

criticism it had provoked, demanded the strenuous and uncompromising

resistance, not only of every shipowner, but of every friend to his

country. They accordingly denounced it “as fraught with consequences

destructive to the shipping interest, and dangerous to the welfare and

safety of the country;” in short, as one of the most unjust measures

ever submitted to Parliament.

The Committee next proceeded to analyse the Bill, justifying their

censure of its provisions. It was said to be a concession to the

demands of the West Indies and Canada. The demand having been made

under an official stimulant, the West Indian interest, perceiving their

error, they alleged, has now disclaimed it, and publicly declared

that they have no desire for the repeal. Canada, with selfish and

precipitate incaution, had put forward a similar demand; but the

demand for free navigation was coupled in the same document with an

inconsistent claim for the re-enactment of a Protective duty in favour

of her agricultural produce. The expectation of benefit entertained

by the Canadians from the repeal of the Navigation Laws had, in the

opinion of the shipowners, as little real foundation as those the

West Indians had first entertained, but subsequently abandoned. Their

Committee expressed doubt of any beneficial reciprocity from the United

States, especially as any commercial treaty must be controlled by

two-thirds of the Senate.[108] They treated the power of re-imposing

restrictions as in principle opposed to every prudent rule of State

policy. The coasting-trade clauses, of course, met with condemnation.

If, they asserted, the censure cast upon shipmasters was deserved, the

injustice to the owner was flagrant. If unmerited, the measure was

sustained by cruel calumny.

[Sidenote: The manning-clause grievance.]

But the most notorious as well as the most important and disqualifying

inconsistency was the compulsion on a British shipowner to man his ship

with British seamen. This was magnified into a stupendous grievance. It

was said to force the shipowner to conduct his affairs contrary to his

conviction of his own interest, and according to the arbitrary dictates

of an inconsistent and tyrannical Act of Parliament. The Committee,

kindling with indignation at the mere recital of their grievances,

averred that if the Navigation Laws were repealed, a British registry

must be regarded as a badge of slavery, and an instrument of

oppressive interference; nor did they doubt that to escape its bonds,

unaccompanied as it then would be by any benefit whatsoever, British

capital would to a great extent be invested in foreign shipping, to be

engaged in the British carrying trade.

[Sidenote: Policy proposed.]

With these views, they enjoined union among themselves. They trusted

that shipowners would abstain from promulgating separate opinions, or

allow themselves to be drawn into controversy and disunion, as, by

these means, successful resistance would be impossible. They called on

the shipowners at the several outports to send deputies to the “central

committee in London for upholding the principles of the Navigation

Laws.”

By these means, they argued that there would be an opportunity for

a careful consideration of the future steps to be taken during the

progress of the Bill through the House of Commons. They further

suggested, that every possible endeavour should be made to enlist

the sympathy and engage the support of other powerful interests. The

principle they proposed was the disclaiming all desire for monopoly,

and the advocacy of such moderate and just protection to all interests

as would admit of foreign competition, so far as might be sufficient

to stimulate to the utmost domestic energies, but, at the same time,

would limit this competition within such bounds as to prevent domestic

energies from being crushed in the struggle. They concluded by

reminding the shipowners that “Union is Strength,” and by expressing

a fervent hope that this contest, which their enemies had insultingly

designated as a struggle “for the last rag of Protection,” would, in

its results, roll back the tide on their opponents, thus leading to the

universal application of the principles of just and moderate protection

to domestic interests, and superseding for ever the rash and delusive

theories which, in recent legislation, had successively involved every

interest of the State in difficulty, distress, and ruin.

[Sidenote: Agitation in the country.]

The agitation thus invoked by the central body of shipowners in

London was responded to by their fellow-shipowners throughout

the country. Meetings were held at Belfast, Bristol, Dartmouth,

Devonport, Dunfermline, Dundee, Exeter, Exmouth, Fleetwood, Glasgow,

Gateshead, Hull, Hartlepool, London, Liverpool, Leith, Lynn, Montrose,

Newcastle-upon-Tyne, Portsmouth, Penzance, Perth, Sunderland, Shields,

St. Andrews, Swansea, Saltash, Tynemouth, Weymouth, and Yarmouth.

The petition from London was signed by 27,000 persons of the most

respectable classes; while that from Liverpool comprised 24,700 names,

not shipowners exclusively. This petition, eloquently drawn up,

expressed alarm at the progress of a measure which proposed to take

away from this country advantages it had so long and so successfully

enjoyed, and to invite, unwisely, foreign nations to share those

advantages with us; nations, too, utterly unable, even if willing,

to confer on us any adequate equivalent in return. It pointed at the

evident result of the substitution, to a great extent, of foreign for

British and colonial shipping, the employment of foreign labour and

capital in lieu of our own, and the creation of new relations between

foreign nations and our own colonies; thereby weakening the ties which

bind the latter to the mother-country, and diminishing British power

and influence throughout the world. They did not fail to show, above

all, the consequences the measure would have on the supply of seamen to

the Royal Navy.

The second reading of the Bill was fixed for the 9th March, when each

party mustered all its forces. The shipowners throughout the kingdom

were in a state of great excitement. It was true that among them were

many who were ready to accept the measure as proposed by Government,

if other nations would only reciprocate; and there were even a few who

were so extreme in their views of Free-trade as to desire that the

Bill should be carried as it stood, but the majority were vehemently

opposed to repeal; and, though some fears were entertained that the

second reading of the Bill would be carried in the House of Commons, it

was confidently anticipated that a considerable majority in the Lords

would, under the brilliant leadership of Lord Stanley (Lord Derby), who

had warmly espoused their cause, defeat its progress and throw out the

Whig administration.

FOOTNOTES:

[95] All these figures may now (1875) be at least doubled, except the

number of men, as the improvements in mechanical contrivances have

materially reduced manual labour since the repeal of the Navigation

Laws. In the case of steam ships to nearly one-half. See following

table:—

-------+----------------------------------+--------------------------------

| Sailing Ships. | Steam Vessels.

+-----------+---------+------------+-----------+--------+-----------

Years. | | | Proportion | | | Proportion

| Tons. | Men. | of Men to | Tons. | Men. | of Men to

| | | 100 Tons. | | | 100 Tons.

-------+-----------+---------+------------+-----------+--------+-----------

1852 | 3,215,665 | 146,286 | 4·55 | 165,219 | 13,277 | 8·04

1854 | 3,516,456 | 146,522 | 4·17 | 212,637 | 15,894 | 7·47

1869 | 4,677,275 | 152,186 | 3·25 | 880,028 | 43,304 | 4·92

1870 | 4,519,141 | 147,207 | 3·25 | 1,039,969 | 48,755 | 4·69

1871 | 4,343,558 | 141,035 | 3·25 | 1,290,003 | 58,703 | 4·55

1872 | 4,245,904 | 137,101 | 3·23 | 1,515,704 | 66,619 | 4·40

1873 | 4,067,144 | 130,877 | 3·22 | 1,680,953 | 71,362 | 4·24

1874 | 4,037,564 | 128,733 | 3·19 | 1,827,024 | 74,873 | 4·10

-------+-----------+---------+------------+-----------+--------+-----------

[96] The original Bill will be found in vol. iv., Session 1847-8, p.

495.

[97] It was on this occasion that I first appeared before the public

as a politician. Following in the wake, but a long way astern, of

Sir Robert Peel and Mr. Gladstone, I addressed a number of letters

to Lord John Russell, which appeared in the ‘Morning Herald,’ and

were afterwards republished in a pamphlet. They had a very large

circulation, and caused considerable excitement among shipowners at

the time. They were written in a homely style, commencing, “I am a

plain man of business, daily to be found at my office in one of the

City lanes, in the midst of my clerks, in the centre of a large dingy

room. Business is my politics, not politics my business. If I have

a leaning it is towards Free-trade principles,” and so forth. But I

soon learned that my “principles,” as I laid them down, were, however

plausible, fundamentally and radically wrong. Sound enough they no

doubt were, _if all nations had been prepared to adopt them_; and

if they could have been applied to the world at large, no system could

have been more perfect. But, unfortunately, Foreign States were not

prepared to adopt Free-trade; and if we adopted retaliation against

those which did not, we reverted to Protection in its most pernicious

form. Consequently we pursued the policy most likely to suit our own

interests, and very wisely did not attempt to enforce it on other

nations. Therein Government was right and I was wrong.

[98] See ‘Parliamentary Papers,’ vol. li., 1849, p. 237, _et seq._

[99] _Ante_, p. 63.

[100] In truth, the policy of the American Government, since that

country became an independent nation, has with few exceptions been

throughout in favour of Protection. When Congress was first inaugurated

in 1789, one of the measures of that year (4th July) was “An Act for

levying Duty on Goods,” &c., and another (20th July, 1789) was passed,

entitled “An Act imposing Duties on Tonnage.” Indeed, so thoroughly

Protectionist were the great founders of the Republic, that Mr. Adams,

writing to Mr. Jay in Paris on the 26th February, 1786, says: “If the

United States would come to the resolution to prevent all foreign

vessels from coming to their ports, and confine all exports and

imports to their own ships and seamen, _they would do for anything

that I know the wisest thing which human prudence could dictate_.”

Further he says: “On the other hand, if the United States would adopt

the principle of the French economists, and allow the ships and

merchants of all nations equal privileges with their own citizens, the

consequence would be the sudden annihilation of their manufactures

and navigation.” And this has been in a great measure the opinion

entertained by the Americans throughout, no doubt under the impression

that, with so vast a territory, where they had within themselves almost

everything they required, they could do without foreign nations. They

have not yet seen the advantages they would derive by being allowed to

purchase in the cheapest market, wherever that market may be,—home or

abroad.

[101] See Mr. Buchanan’s letter in full, vol. li., ‘Parliamentary

Papers,’ p. 239.

[102] It was presented on the 8th May, 1820, by Mr. Alexander Baring,

afterwards Lord Ashburton. The whole case is reported in Tooke’s

‘History of Prices.’ Appendix, p. 332.

[103] Vide ‘Lord George Bentinck: a Political Biography.’ By the Right

Hon. B. Disraeli. Pp. 421, 422. See also p. 409, a curious story of the

marine picture in the Miracle Room at the cathedral of Antwerp.

[104] The Americans have, however, persisted in this policy to this

day; a fact which cannot be too often repeated.

[105] It may be said that the reason for maintaining the coasting trade

was not so much the fear of injuring the shipowners employed in it as

destroying “the nursery for our seamen.”

[106] See ‘Hansard,’ March 23, 1849, vol. ciii. p. 1229.

[107] The original Bill, and the Bill as amended in Committee, will be

found in vol. iv., 1849, pp. 331 and 347.

[108] In the first draft of the Constitution of the United States,

the power of Congress was limited by a special provision that “No

Navigation Acts should be passed without the assent of two-thirds of

the members present in each House.” See Pitkin’s ‘Political and Civil

History of the United States;’ and, though this proposal was afterwards

reported against, it remains in force to the present day.

CHAPTER IX.

The debate, March 1849—Speech of Mr. Herries—Mr. J.

Wilson—Question of reciprocity—Doubtful even in the case of

shipping—Difficulty of the “Favoured-nation” clause—Marquess of

Granby—Mr. Cardwell—Mr. Henley—Mr. Gladstone—Burdens to be removed

from Shipowners—Conditional legislation recommended—Views on the

subject of the coasting trade—Americans not Free-traders—Smuggling

in the coasting trade—Mr. Robinson—Mr. Clay—Mr. T. A. Mitchell—Mr.

Hildyard—Mr. Ricardo—Mr. H. Drummond—Mr. Labouchere’s

reply—Majority of 56 for Bill—Committee on the Bill—Coasting

clauses withdrawn—Mr. Bouverie’s amendment opposed by

Shipowners’ Committee—Mr. Gladstone’s scheme also opposed by the

Shipowners—Questions of reciprocity, conditional legislation,

and retaliation—Details of American Law—Mr. Bouverie’s plan

rejected—Mr. Disraeli’s speech—Third reading of Bill—Mr.

Herries’ speech—Mr. Robinson—Mr. Walpole—Sir James Graham—Mr. T.

Baring—Lord J. Russell—Mr. Disraeli—Majority for Bill, 61.

[Sidenote: The Debate, March 1849.]

The House of Commons, though seldom much interested in maritime and,

as was conceived, in intricate questions, was, on this occasion, full

to the overflowing. The subject was, indeed, one of crowning interest.

The repeal of the Navigation Laws would, as the extreme Free-traders

had remarked, sweep away “the last rag of Protection;” as others more

pompously had expressed it, would form the “capital of that majestic

column of unfettered commerce which their own hands had reared.”

The Protectionists, on the other hand, looked on the measure as the

final overthrow of our naval power and the destruction of our maritime

commerce. The shipowners mustered in great numbers about the Commons;

and the author, who had not, at that time, found a seat in the body of

the House, was favoured with one in the reporters’ gallery.

[Sidenote: Speech of Mr. Herries.]

Mr. Herries was once more selected as the champion of the shipping

interest; and, on the question being put that “this Bill be _now_

read a second time,” moved an amendment that it “be read a second

time that day six months.” If Mr. Herries was not gifted with great

eloquence, he possessed at least great experience, and a thorough

knowledge of his subject. His speech in opposition to the Bill was of

the most elaborate character. He insisted, that the more the measure

was examined, the more the shipowners and the public were adverse to

its passing. He examined at great length the correspondence from our

colonies and from Foreign Powers, contending that that from Canada

was useless, if not repugnant. In point of fact, he said, taking

his text from the report of the Shipowners’ Society, the opinion of

the Canadians had changed, and the public sentiment there appeared

decidedly adverse to repeal. A similar change of feeling seemed to

have come over the West India colonists, and they had shifted their

ground. Germany would do nothing until the central German government

was appointed, which, in his opinion, would probably be about the

Greek Kalends! The United States pointed out the existing law, but

could not answer us till Congress had been consulted. The replies

from other nations were gone over _seriatim_, and the conduct of

Belgium in adhering to what was thought best for Belgian interests was

applauded as a wise and liberal course. No foreign Government had given

a distinct answer except Belgium, and that was not a favourable one.

We had abandoned, he said, some of our restrictive laws in relation

to European navigation, and wisely abandoned them, because we could

not maintain them any longer. That was the ground of Mr. Huskisson’s

modifications: but we ought, at present, to hold what we could, and

to concede only what we must, in matters of navigation. He admitted,

amidst the derisive cheers of the repeal party, that the Navigation

Laws imposed restraints on commerce, and so far operated unfavourably;

but the question to be considered was whether the gain to be derived

from the abolition of these laws was a sufficient inducement for

running the risk of the loss to which this abolition must lead. All

prudence and sound judgment was opposed to repeal. The voice now rising

from every quarter would soon reach those in whose hands the government

was placed, and they would learn that their first duty was to uphold

British interests, maintain British commerce, and promote British

enterprise.

[Sidenote: Mr. J. Wilson.]

Mr. James Wilson, who replied at great length to Mr. Herries, had a

few years previously started a Free-trade journal, the ‘Economist,’

and, having obtained a seat in the House of Commons, became a staunch

and formidable advocate of an extreme Free-trade policy. He was a

master in statistics, and, as figures were the rage at the time, he

happily seized the moment which led to a political fortune, and,

using his knowledge of them to the best advantage became a valuable

adjunct to the ministry of the day. His speech on the present

occasion showed the beneficial action of Free-trade in the removal

of needless restrictions, and, further, that, though our merchants

had been exposed to great competition, the aggregate commerce of the

country had been proportionally augmented; he therefore asked why

the shipping interest should be exempted from a rivalry which other

interests had successfully encountered. He then demonstrated the

little real advantage the Navigation Laws gave to British shipowners,

who, by the very policy of those laws, were exposed to competition in

the long-voyage trade in the very places where competition was most

injurious to them; and, further, that all the tests fairly applied to

the question proved the ability of British shipowners to compete with

the foreigner. In some cases, too, he held that the Navigation Laws

acted as a protection to foreign at the expense of British ships; and

while, practically, of little benefit to the shipowner, there could be

no doubt that these restrictions operated injuriously, especially in

emergencies, on consumers, and, ultimately of course, on shipowners

themselves. If a commercial marine was necessary to support our navy,

Free-trade had increased and would increase that marine.

[Sidenote: Question of reciprocity.]

But perhaps the most important part of Mr. Wilson’s speech was that

relating to the question of reciprocity. The general question was,

indeed, beginning to resolve itself into three points. All parties

had come to the conclusion that some change was necessary; but it

remained to be decided whether reciprocity, conditional legislation

and retaliation, should be the principle of the measure. Mr. Gladstone

last year had strongly urged the principle of reciprocity in some cases

by special treaties. Mr. Wilson very strongly combated this principle.

Nothing he thought would be more prejudicial to the spread of

Free-trade principles among continental nations than that this country

should sanction the notion entertained by foreign Governments, that the

British Government was willing to make concessions not so much for the

general benefit of commerce, as for the sake of other concessions, to

be thus obtained from foreign countries in favour of England. Foreign

nations considered England as an old and wealthy nation, and expected

to be overreached in forming commercial treaties.

He objected, therefore, to the principle of reciprocity, as it would

actually throw difficulties in the way of those who were willing to

meet us. On any principle of reciprocity they must adopt that of

equivalents, and this was impossible. Other countries had no colonies,

and had, consequently, no equivalent advantages to offer in return

for those conferred by England. He admitted, however, that there was

a great distinction between reciprocity in produce and reciprocity in

shipping. If they imposed retaliatory duties on the produce of various

countries, for the purpose of meeting duties imposed on their own

goods, they did not visit the same interests with this retaliation. For

example, cotton and woollen goods were sent to Prussia: we received

from Prussia, corn, timber, and wool. If Prussia imposed high duties

on cotton and woollen goods, we could only retaliate by putting high

duties on the corn, timber, and wool of Prussia when imported into

England. The Prussian Government punished the woollen manufacturer

and the cotton manufacturer of England by imposing high duties on

their goods; and, then, the English Legislature punished them again

by imposing high duties on the raw material from which those goods

were manufactured. Nothing could be more monstrous than such a course

of proceeding. If we acted on the principle of reciprocity, we ought

to give perfect freedom of trade to those who gave perfect freedom of

trade to us. If the United States admitted our goods duty free, we

could not do less than admit the corn of the United States free.

[Sidenote: Doubtful even in the case of shipping.]

[Sidenote: Difficulty of the “Favoured-nation” clause.]

Suppose, again, Russia, on the Black Sea, imposed a duty of 50 per

cent. on manufactures, we must retaliate by a duty of 50 per cent.

on Russian corn and timber. We must, in fact, have distinct treaties

and distinct tariffs, and there would hence result a most complicated

system of international commerce. Reciprocity meant that or nothing.

But, after thus stating his views on reciprocity of produce, Mr. Wilson

admitted that by imposing restrictions on foreign ships corresponding

with those imposed on our own, we should have the advantage of dealing

with the same interest, and the weapon would be more likely to be

effectual, in that those, for whose sake duties were imposed abroad,

would be subject to corresponding disadvantages in this country. But he

was wholly opposed to reciprocity even in shipping. He had shown what

variety of treaties would be required if the principle of reciprocity

was adopted with regard to manufactures and produce; and he felt

convinced that a corresponding or analogous difficulty would arise from

adopting that principle in the case of shipping. Very intricate and

complicated regulations would be required. Thus, supposing we found a

country disposed to give all, we ourselves would be obliged to give

all. But then it must be borne in mind that there were twenty countries

with whom we had already treaties, and to whom we were bound to extend

the advantages obtainable by the most favoured nations: and, therefore,

if, now, we gave privileges to any one country, we must extend the same

to all the other countries which stood in the same position.

Suppose, he said, that Hamburg were to give this country all that

it required, and that, in return, its ships were placed on the same

footing as British ships; what guarantee should we have that a third

country, which had given us nothing, would not derive the same

advantages as the shipowners of Hamburg, or that the sugar of Java,

and the coffee of South America, would not be brought to this country

in their ships? There would be no end of evasion. The United States

would reciprocate; Prussia would do the same; Russia and the ports of

the Hanseatic League would follow their example: what, therefore, had

this country to fear? It was admitted that we should not expect the

same reciprocity from France, Spain, or Belgium; but, in these cases,

should we be really worse off than we are now? At this moment France

and Spain had great privileges in this country. France had the right,

not according to treaty, but from the general policy of our Navigation

Laws, to send her produce direct to this country in her own ships.

She, however, availed herself to a very small extent of this privilege.

Nine-tenths of the importations of Spanish colonial sugars came

likewise in British bottoms. As far as regards the reservations at the

discretion of the Queen in Council, Free-trade unrestricted would most

assuredly be the rule and restriction the exception.

[Sidenote: Marquess of Granby.]

The Marquess of Granby followed on the side of Protection, urging the

mischief that would result from the great number of persons thrown out

of employment; he pointed out how uncertain were the advantages to be

derived, and the reality of its evils; but despite of disadvantages,

if Englishmen were but true to themselves and their country, he felt

that we should be able to weather the impending storm, and retain the

command of that “glorious element” which was our natural protector, so

that the flag of England might still for years to come “wave triumphant

over every sea.”

[Sidenote: Mr. Cardwell.]

Mr. Cardwell, although he could not share in the gloomy apprehensions

of Mr. Herries or the eloquent doubts of the Marquess of Granby, felt

the importance of this question and its bearing on the mercantile

interests of England and her colonies. He warned the House of the

danger of not taking timely steps with regard to what was called the

“long-voyage” clause, which some of the witnesses before the Lords’

Committee regarded as a fundamental principle of the Navigation Laws;

and he showed that the effect of maintaining this clause would be to

defeat the policy of the warehousing system, and rob us of a large

share of the commerce of the world. There was nothing more important

than that great interest known by the denomination of the “warehousing

system,” which had been the growth of comparatively recent years and

was the offspring of a judicious relaxation in the Navigation Laws:

this system he held had made this country the entrepôt between regions

furnishing tropical produce and the great consuming countries of

Europe. Mr. Cardwell then urged the importance of the Canadian claims,

and described the keen competition going on between Canada and the

United States.

[Sidenote: Mr. Henley]

Mr. Henley went into a long argument against the Bill, especially

animadverting upon Mr. Wilson’s having derided reciprocity, while

nevertheless the Bill legislated for it, and Government had been in

correspondence with foreign Governments for the purpose of securing

it. “What did the Government intend to do,” he asked, “on the subject

of impressment? If the masters were to be taken from a superior class,

were they still liable to be impressed?”[109] The experiment of

Free-trade had not in Mr. Henley’s opinion been sufficiently tried to

justify the application of that principle to another great interest. If

the country were polled, every man, he was sure, would cheerfully pay

the hardly-appreciable advance in prices, rather than run the risk of

a failure in an experiment so dangerous. No one had attempted to deny

that obstruction was here, and inconvenience there; but when you came

to balance the possible risk with the possible gain, no one would be

disposed to run that risk, which he for one feared must take place if

the measure were carried. It was a great interest to tamper with, and

involved not only capital and industry, but the national defences.

[Sidenote: Mr. Gladstone.]

[Sidenote: Burdens to be removed from Shipowners.]

The debate was adjourned to the 13th of March, when it was resumed

by Mr. Gladstone, with his usual ability, in an elaborate speech.

He supported the second reading of the Bill, as furnishing the

only opportunity of inducing the House to agree to a change in the

Navigation Laws. He denied that this change would be the destruction

of the shipping interests, and thought it was a fitting time for

effecting numerous alterations. Mr. Gladstone, however, differed from

many who supported the measure. His doctrine was still that they should

not abandon the path of experience. In his opinion, it was only on

principles analogous to those of Mr. Huskisson that we could safely

depart from the system of navigation we had so long pursued, interwoven

as this had been, for centuries, with our national policy. There were

several demands the shipowner might fairly make upon the Legislature

when about to be deprived of protection. He was entitled to the removal

of every peculiar burden by which he was now hampered. If we exposed

him to unrestricted competition with foreigners, we should give him a

drawback, or a remission of the duties on the timber he required for

the construction of his ships. He should also be relieved from the

restraint with respect to the manning of his ships. There was another

compensation to which the shipowner was entitled. By repealing the

Navigation Laws, he would have to undergo competition from the Baltic,

sharp as far as it went, and from the United States, all over the

world. He was therefore entitled to ask that he should be admitted

to those fields of employment from which he was then excluded. The

policy pointed out by experience, Mr. Gladstone contended, was that of

_conditional_ relaxation. He had never entertained the notion that

we should proceed by treaties of reciprocity with foreign Powers. There

were difficulties in the way of doing so which a wise Legislature would

avoid. The American system, so far as it went, should be our model.

By adopting it, he considered that difficulties inseparable from the

system of reciprocity treaties would be avoided.

[Sidenote: Conditional legislation recommended.]

The immediate effect of conditional relaxation would be to give vessels

of such States as conferred privileges on our shipping corresponding

advantages in our ports. Such a course would be in accordance with

precedent and experience; was demanded by justice, and would be

found easier of execution than the plan proposed by the Queen’s

Government. There was in his mind an insuperable objection to any form

of retaliation. Every word urged against the system of reciprocity

told with augmented force against that of retaliation. He would join

in opposing that feature of the plan, regarding it, as he did, as a

material defect. But if Government would not consent to legislate on

the subject, conditionally, he would advise it to do so directly,

without the accompaniment of retaliation. In fact, the conditional

system was that on which we now, practically, acted with regard to many

of the maritime nations of the world.

[Sidenote: Views on the subject of the coasting trade.]

[Sidenote: Americans not Free-traders.]

[Sidenote: Smuggling in the coasting trade.]

There was another feature in the Government proposition Mr. Gladstone

regarded as defective. He was of opinion that the mode in which it

proposed to deal with the coasting trade would be found ineffectual.

Before we could expect to get the advantage of the American coasting

trade we must throw our own unreservedly open to that country.[110] Any

chance we could have of getting from America a share of her coasting

trade must depend upon our offering her our entire coasting trade,

leaving her perfectly free to accept it or not, under the regulations

now affecting British ships engaged in it. But we must not expect of

America that she would fetter herself towards other countries by those

particular regulations which it was proposed to lay down, and which do

not give up the whole coasting trade, but only portions of it; to any

such regulations we could not expect that America would agree. “If we

proceed by _un_conditional legislation, and offer up our colonial

trade instead of giving up our coasting trade, I believe she will get

our colonial trade, and may then be ready to give up some comparatively

insignificant advantages in return; _but America is not a lover of

Free-trade in the abstract_. The Protectionist principle is very

strong in America,” he continued, “although it is not so strong with

reference to shipping as to manufactures.”[111] For these and other

reasons Mr. Gladstone insisted on the expediency of throwing open

the coasting trade to the foreigner, “if he could find his way into

it.”[112] At present the uniform and invariable rule, he added, is to

insist on the strictest possible separation between the outward and

inward-bound goods, between foreign trade goods and goods coastwise;

and, in point of fact, with a system of drawbacks and high duty goods,

there would be the greatest danger to the revenue, or we must undergo

the most enormous expense, if we do not insist on the separation

of cargoes. But if a vessel is allowed to take in goods to carry

coastwise, duty paid, she might be taking in tobacco in Liverpool, duty

paid, to carry it coastwise, while at the same time she was discharging

tobacco at Liverpool, not duty paid. This would be fraught with great

danger. Mr. Gladstone then pointed out the conflicting interests of

various colonies; and that the only way to render justice to all was by

conditional legislation.

[Sidenote: Mr. Robinson.]

The substance of the speech of Mr. Robinson, Chairman of Lloyd’s, who

followed Mr. Gladstone, was, in the event of the Bill passing, to claim

indemnity for the shipowner. Would Government, he asked, take the duty

off timber; the duty on the timber for a vessel of 200 tons being

300_l._? There was also the duty on marine _assurances_; and,

indeed, all the taxes now pressing on the British shipowner, but from

which the foreigner was free. Would Government relieve the shipowner

from the apprenticeship restrictions, and allow him to man his ship

with foreign seamen? Government, he felt sure, could not give any such

assurance, and if they did and the promise was realised, Mr. Robinson

doubted if, even then, the British shipowner could compete successfully

with the foreigner.

[Sidenote: Mr. Clay.]

Mr. Clay, the extreme Liberal member for Hull, who would perhaps have

lost his seat had he voted for repeal, made a Free-trade speech, but

ended by voting against the Government measure. The position he took

was that as long as the burdens of the shipowner remained, protection

must be conceded to him. Mr. Hornby, who represented another of the

outports, recommended that concessions should only be made _pari

passu_, and that we ought not to give up the all-important maritime

advantages we possess.

[Sidenote: Mr. T. A. Mitchell.]

Mr. T. A. Mitchell reproached Free-traders like Mr. Hornby for voting

against repeal, and especially animadverted on Mr. Gladstone’s

procedure, whose speech in its general effect was surprising, as coming

from an advocate of Free-trade. A more effectual mode, in his judgment,

could not have been taken to damage the whole scheme. Mr. Mitchell

ardently supported repeal, not believing the average rate of freights

would decline in consequence; moreover, the repeal, he thought, would

enable us to escape the inordinately high freights which, in times of

sudden emergency we were now called upon to pay.

[Sidenote: Mr. Hildyard.]

Mr. Hildyard urged very strongly the importance of the coasting trade

of the United States, and the necessity of securing it. He admitted

that the coast of England was a difficult and dangerous one, and

that there was not much chance of America competing with us in that

trade. On the other hand, the coasting trade of America was of great

importance. An United States committee on harbours and rivers,

during the preceding year, had shown that no fewer than eight States

were mainly dependent upon seven great lakes for their commercial

intercourse; and that the line of coast of these eight States was not

less than 3000 miles; while, on the Mississippi and its tributaries,

fourteen States in 1846, with a population of 6,500,000, relied for

their easiest means of intercommunication. The sea-board of Maine

was more valuable still; so that it was of very great importance, if

concessions were to be made, that we should participate in the coasting

trade of America.

[Sidenote: Mr. Ricardo.]

Mr. Ricardo, while supporting the propriety of freeing the shipowners

from many of the burdens imposed on them, argued that the retaliatory

clause could not possibly be maintained, and that the proposed

reciprocity system was equally untenable.

[Sidenote: Mr. H. Drummond.]

Mr. H. Drummond, in one of his witty, splenetic speeches, opposed the

Bill. The object, he said, of every statesman in past times had been

to prevent capital from going out of the country, on the ground that,

if capital went out of the country, the labour of the country would

not be employed. Now every successive minister had to get up, and,

on every question brought forward, to go against every principle he

had previously defended, and so to take the opposite side of every

view he had before maintained. There were Fates presiding from which

no minister could liberate himself; while, as for the House itself,

there would appear to be a spell over them, rendering them passive

and helpless; while every successive Chancellor of the Exchequer

picked away at their livers _ad libitum_. The most celebrated

statesman of antiquity said: “There is in maritime States a corruption

and instability of morals, for they import not only merchandise but

morals, so that nothing can remain entire in the institutions of

their country.” The only quarrel, Mr. Drummond added, he had with the

Free-traders was with respect to Adam Smith, that they never would read

beyond one page of him. And yet, it was by men actuated by similarly

interested motives, that the House was now guided. The manufacturer

sent out to Africa for cotton; he employed African labourers in its

cultivation; he brought it home in an American ship; he spun it

into yarn by his machinery, and then sent it in a French vessel to

be exchanged for French cloth or silks, or other articles of French

manufacture. So that the whole process might be perfected without the

employment of a single English labourer. The poet exclaimed:—

“Lives there a man with soul so dead,

Who never to himself has said,

This is my own, my native land?”

Yes! at Manchester there were a thousand such. Not content with

bringing accusations against the English sailors, not content with

slighting the opinions of their officers, they now said this country

had a superstitious reverence for the navy. He would not deny that they

might have had such a feeling, for there was a time when they had a

national faith; there was a time when they venerated, worshipped even,

the statesman who guided safely the destinies of the country; when

they reverenced the magistrates who presided over the administration

of their laws; when they gloried in the soldiers and the sailors who

maintained the greatness of the nation throughout the world; when the

noblest _credo_ that they had was “Rule Britannia!” and when the

finest anthem in their ritual was “God save the Queen!”

[Sidenote: Mr. Labouchere’s reply.]

After this protracted debate, Mr. Labouchere rose to reply. He went

over the chief points urged against repeal, and asked for no vote in

favour of it but from those who admitted the propriety of a departure

from the system of the Navigation Laws. He was ready to consider any

suggestions, in reference to the details, provided they were not

inconsistent with the principle of the Bill. He saw no reason why

the _present_ retention of the timber duties should operate as

a bar to the immediate repeal of the Navigation Laws. He opposed Mr.

Gladstone’s views as narrow and erroneous, and contrary to the true

policy of the country. Our commercial policy should not be made to

depend upon the views and caprices of foreign States.

[Sidenote: Majority of 56 for Bill.]

The House at length divided, when there appeared

for Mr. Herries’ amendment (that the Bill be read a

second time that day six months) 210

Against it 266

----

Majority in favour of the Bill 56

----

It will be remembered that the opinion of the House in favour of an

extensive change in the Navigation Laws was carried in a House of

only 411 members by a majority of 117 members. Now, after a year’s

reflection, we find that in a House of 476 members, the majority of

117 had dwindled down to 56! This great diminution of the apparent

power of Free-traders resulted partly from a general depression of the

shipping interests, but, principally, from the great exertions the

Shipowners were making to agitate the country in their favour. The

announcement of the diminished majority was hailed by the opponents of

the measure with loud and prolonged cheering. Every vote was scanned

with the most hostile criticism, and Mr. Cardwell, the newly-elected

member for Liverpool, was especially censured for voting against the

interests of that great maritime port. The Shipowners now took fresh

courage, and issued fresh denunciations against the measure, and

against the whole of the Free-trade journals—ministerial, Peel, and

Cobdenite—which had joined in full cry for the repeal of the Navigation

Laws. The agitation against repeal was renewed with fresh vigour on

the part of the Shipowners’ Society. It was now fondly hoped that,

by agitation, the majority in the House of Commons would diminish

in future stages of the Bill, in which case there could be no doubt

that the House of Lords would throw it out, and perhaps compel the

resignation of Ministers.[113]

[Sidenote: Committee on the Bill.]

[Sidenote: Coasting clauses withdrawn.]

On the 23rd March, the motion for going into Committee on the Bill gave

Mr. Labouchere an opportunity of withdrawing the “Coasting clauses”

he had previously paraded as an important feature of it. The tone and

manner of the right honourable gentleman betrayed the humiliation

he was doomed to undergo. He discreetly, however, held his tongue

respecting the flat refusal he had received from the United States

with respect to their expected reciprocation of the coasting trade,

expatiating, instead, at great length, on certain conferences he had

had with Sir T. Fremantle, the head of the Board of Customs, the

upshot being, that whereas Sir T. Fremantle had previously said that

the new proposed regulations regarding the Coasting trade would not

endanger the revenue he had now changed his opinion, and, with the

officials under him, had come to the conclusion that, if not absolutely

impossible, it would be extremely difficult to frame any regulations

which should not leave the revenue of the country exposed to great

danger if the distinction were done away with between the coasting and

general trade of the country—that is, if a foreign or a British ship

were allowed to combine a coasting with a foreign voyage.

Mr. Hume saw at once that if the trade were entirely laid open this

difficulty would be removed; but, although this was admitted, Mr.

Labouchere plausibly answered that to say to an American, “You may

come here and carry coals in our coasting trade, but you must not

combine that with a foreign voyage,” would be quite illusory. To

open the coasting trade in this manner, it was urged, would excite a

great deal of unnecessary alarm among the shipping classes; and, so,

the coasting clauses were hastily withdrawn. Of course, the refusal

of the American Government to reciprocate in the coasting trade

did not escape the sagacity of Mr. Herries, who, delighted at the

withdrawal of the obnoxious clauses, declared the excuse made about

the revenue to be wholly unsatisfactory; moreover, that it was made

known, unfortunately, just after the communication from the American

Government, so long delayed, had been laid on the table, by which it

appeared that Government was not, otherwise, prepared to make the

proposed concessions on the subject of this trade.

[Sidenote: Mr. Bouverie’s amendment opposed by Shipowners’ Committee.]

However, in the meantime, Mr. Bouverie, member for Kilmarnock, a

Free-trader, had given notice of a long amendment[114] to the first

clause of the Bill, which was, substantially, to the effect that the

several restrictions and prohibitions contained in the Acts recited

in the _1st Clause_ (i.e. the old Navigation Laws), with certain

exceptions, should continue in full force, till it should be shown

that British ships were not subjected in foreign countries to the like

restrictions and prohibitions. It might have been supposed that the

Shipowners would have consented to such a compromise: but they showed

no disposition to accept this proposal. Indeed, their hostility to any

alteration mainly led to their ultimate discomfiture. At a meeting of

the Central Committee for upholding the principle of the Navigation

Laws, it was unanimously resolved, “That the fatal consequences of

the repealing Clause, _No. 1_, in the Navigation Law Amendment

Bill, would not be removed by the amendment of which Mr. Bouverie had

given notice; and, as they were convinced that this clause would still

prove destructive to British navigation, they trusted it would not in

any form receive the sanction of friends to the shipping interest in

Parliament.”

[Sidenote: Mr. Gladstone’s scheme]

This was, perhaps, the last chance offered to the Shipowners: they,

however, relied upon throwing out the Bill, and rejected every offer at

modification, or conditional relaxation of the existing law, their aim

being to uphold those laws in their integrity. Mr. Gladstone’s views,

on the other hand, favoured the adoption of conditional legislation,

but not exactly in the way proposed by Mr. Bouverie. He proposed to

divide the whole trade of the empire into two divisions only: the

first of them relating to domestic or British trade; including under

that head the trade coastwise and the colonial trade. He proposed to

enact a law, not dependent on the discretion of the ministers of the

Crown, otherwise than that it would be their business to ascertain

when any country was disposed to give Great Britain perfect freedom

in its foreign trade, and to provide in such a case that it should

receive in return her foreign trade. Whenever any nation would propose

perfect freedom in all maritime trade, both foreign and domestic, it

would be placed on equal terms with British vessels in all ports,

foreign, colonial, and coasting. Mr. Gladstone, however, contemplated

a provision for the foreign trade of the colonies by dealing with that

trade irrespectively of the conduct of other countries. He suggested

the repeal of every direct restraint on the importation of tropical

produce—or non-European produce—from Europe, that being a restraint

which, according to the actual law, affected British ships as well as

those of foreign countries. He was also for the repeal of all fiscal

restraints, and of every restraint of the nature of a tax on the

British Shipowner. He would have set him free, alike with respect to

the command and the manning of his ship; he would also have allowed a

drawback on the timber used in the construction of ships.

[Sidenote: also opposed by the Shipowners.]

Such were Mr. Gladstone’s views, which he was sanguine enough to

imagine would have been acceptable to the shipping interests, had he

proposed a scheme embodying his opinions, and invited the Legislature

to make the necessary fiscal alterations. But when Mr. Gladstone

saw that both the Government and Shipowners rejected Mr. Bouverie’s

proposal, a form as it unquestionably was of conditional legislation,

he relinquished his intention of bringing his plan before the House, as

it had in fact no chance of being accepted by either party.

Such was the temper of all parties when the Bill went into committee on

the 23rd March, 1849; Mr. Herries, before the Speaker left the chair,

having intimated his intention of opposing the Bill during all its

stages, believing that it could not be rendered a good Bill, whatever

alterations might be made in it.

Upon going into committee, Mr. Bouverie brought forward his amendment.

He disclaimed any desire to defeat the measure, which he had supported

by his vote, still less did he hanker after Protection, for it was

strictly in the sense of Free-trade that he proposed it. He only

differed with Ministers as to the mode by which the changes proposed

should be effected. They had entered into reciprocal relations with

almost every other maritime nation. The United States had a complete

system of reciprocity: it was the foundation of their navigation

system, and it was an example it would be well to follow. The clause

he proposed would supersede the necessity of tedious and vexatious

negotiations. Out of a score of reciprocity treaties to which England

was a party, there were only four which contained the “favoured-nation”

clause; and it was idle to expect that, through the instrumentality

of any such compacts, genuine or extensively reciprocal advantages

could be established as between England and the other nations of the

world. It might be difficult, if not wholly impracticable, to realise

the principle of reciprocity in the case of tariffs, but it was not so

difficult to apply the principle to shipping. Nothing was so easy as to

say, we will relax our Navigation Laws, and make certain arrangements

with respect to our shipping interests, on the express condition that

other countries will adopt similar arrangements and similar relaxations

in our regard.

[Sidenote: Questions of reciprocity, conditional legislation, and

retaliation.]

If these views were unsatisfactory to the Shipowners, it is certain

they were still more so to the extreme Free-trade party. The question

had now resolved itself into the expediency of reciprocity, conditional

legislation, and retaliation. The extreme Free-traders demanded liberty

of navigation without any legislative restriction whatever, and the

plan of Government conferring a power of retaliation, though one little

likely to be resorted to, was of course the plan least objectionable

to the Free-traders. They contended that the Bill as it stood enabled

the country to receive concessions from foreign countries by making

concessions to them; but, if Mr. Bouverie’s motion was carried, they

asserted that, retaining in our hands the power of retaliation, we

should be compelled to resort to such measures whenever equality was

disturbed.

[Sidenote: Details of American law.]

Both parties in truth exaggerated the difficulties of their opponent’s

scheme, being attached to their own. The real question at issue was,

which country should take the initiative in a Free-trade policy. Mr.

Wilson, as an extreme Free-trader, insisted that the law of America

sanctioned reciprocity on their part, without having recourse to

Congress, which the members of the Shipowners’ Society controverted.

There can be no doubt that the American Law of 1828 did so authorize

the President to reciprocate any relaxation of the Navigation Laws we

might on our part resolve on. But when Mr. Buchanan had so recently

reserved the American coasting trade, repudiating the unauthorized

pledge previously given by the American envoy, and had further frankly

stated to Mr. Crampton,[115] that “it was probable some difference

of opinion would manifest itself in Congress upon this question,

from the unwillingness felt in some quarters to throw open the

ship-building business in the United States to the competition of

British shipbuilders, and more particularly to that of the shipbuilders

of the British North American colonies;” we might have been quite sure

that Congress would, if necessary, interfere, and, by some special law,

annul the liberal principle of the American Law of 1828.

Mr. Wilson and the Free-traders, affecting to be better informed on

the state of American law than the Shipowners, went into the opposite

extreme, and expressed their entire confidence in the complete

reciprocity of the Americans; asserting further, that without going

to Congress, the Executive could extend to every country similar

concessions as were extended to them. Such was the impression on both

the contending parties. As to Mr. Bouverie’s amendment, though it, in

some degree, resembled Mr. Gladstone’s views, that gentleman complained

“that his scheme had been withered by an unkind shadow cast over it by

the member for Kilmarnock,” at the same time, refusing to discuss a

plan not dissimilar to his own, and adhering to his opinion, that, as

foreign countries were in the habit of adopting measures to meet their

own wants, England ought to be allowed to do the same, but only on the

principle of reciprocity.

[Sidenote: Mr. Bouverie’s plan rejected.]

It is unnecessary to pursue this point any further. A long debate

ensued on it, in which Mr. Milner Gibson and Mr. Bright delivered, with

their usual force, their extreme, but then unpalatable, Free-trade

opinions, while Mr. Roundell Palmer opposed any change hostile to the

principles of the Navigation Laws. It appeared from the general feeling

of the committee, that Mr. Bouverie’s amendment had not the slightest

chance of being adopted, and he was desirous of withdrawing it. Mr.

Wawn, however, insisted upon a division; and when a division was taken,

only fifteen members voted in favour of Mr. Bouverie’s scheme of

conditional legislation, while 132 voted against it.

[Sidenote: Mr. Disraeli’s speech.]

Various other divisions took place on the consideration of the Bill

in committee, and numerous important alterations were then made, so

that only eighteen clauses were carried up to the sitting of the

23rd March. On the motion to report progress, Mr. Disraeli protested

against the whole Bill, which, by the withdrawal of ten clauses and

the modification of four more, had received that night a serious check.

He compared the proceedings to those during the French Revolution, on

the day when the nobles and prelates vied with each other in throwing

mitres and coronets to the dust as useless appendages. That day was

still called “the day of dupes;” and, remarked Mr. Disraeli, “the

same appellation might be applied when referring to the events of

that evening. We have had,” he continued, “two years of protracted

legislation against the Shipowners of England.” The course Ministers

had pursued during those two years formed no exception to the rash

policy which had characterised their proceedings with regard to the

agricultural and colonial interests. “Have your deliberations been

graver or more thoughtful? This” (holding up the Bill), “this,”

exclaimed Mr. Disraeli, “is my answer. Ministers acting in this

manner,” he continued, “did more than injure and destroy the material

interests of the nation; they laid the foundation of a stock of

political discontent, which would not merely diminish the revenues

of the kingdom and the fortunes of its subjects, but would shake the

institutions of the country to its centre.” After Mr. Gladstone and Mr.

Labouchere had spoken in reply, the committee reported progress.

When the committee resumed its sittings on the 26th March, the

Retaliatory Clause (19) became a subject of discussion. The several

leaders again delivered their opinions on this much-controverted

point, the Free-traders wishing to omit the clause altogether; while

Mr. G. Sanders intimated an intention of making the Bill operate

for a limited term, so as to ascertain whether Foreign Powers would

reciprocate or not. The clause, however, was finally carried without a

division; but Clause 22, enabling the Queen to reduce the differential

duties in certain cases, opened the wide question of dock dues and

light dues, in which public and private rights were so confusedly

intermingled that it was ultimately withdrawn. The remaining clauses

passed with some opposition, the preamble, however, being agreed

to. Thus this celebrated Bill now assumed a formal shape; but its

opponents, conscious of their power in the House of Lords, gave notice

of a last trial of strength upon the third reading.

On the 19th April, Captain Harris made an ineffectual attempt to

carry a clause, on the consideration of the Report, enforcing the

apprenticeship laws, and Mr. Gladstone obtained a modification of the

Bill with regard to the mode of finally adjusting the intercolonial

trade by the colonial legislatures.

[Sidenote: Third reading of Bill.]

[Sidenote: Mr. Herries’ speech.]

During the Easter recess, meetings of the shipping interests had been

held in various outports, and the whole power of the Shipowners had

been put forth to defeat the Bill. On the 23rd April the Bill stood for

the third reading, and the venerable Mr. Herries once more headed the

party of Anti-Repealers to make a last effort in the House of Commons

to reject the Bill. His speech was well prepared, and suitable to the

occasion. He very briefly alluded to the points already decided, but

dwelt with great force on the Bancroft letter, asserting that nothing

had passed relative to the United States, which ought for a moment to

weigh with Parliament, in changing its determination to maintain the

Navigation Laws. “Let English commerce now speak!” he exclaimed. “Look

at the petitions against the Bill, comprising the greatest names in the

City.[116] In Liverpool 47,000 persons had signed petitions against

the Bill; and among these were 1000 mercantile firms of great note and

respectability. This was without precedent in the history of petitions;

whilst a counter-petition contained but 1400 names, among which were

not found 100 trading firms.” Mr. Herries denied that the subject had

any necessary connection with Free-trade. The experiment might be

continued, and yet, with perfect consistency, while abstaining from any

interference with the main structure and fundamental principles of the

Navigation Laws. These laws had always, he alleged, been considered

an exception to the general laws affecting trade. After an elaborate

speech, Mr. Herries concluded by moving that the Bill be read a third

time that day six months. Alderman Thompson seconded the amendment.

[Sidenote: Mr. Robinson.]

A very animated discussion ensued. Mr. Robinson went over the old

topics, and said that the new republican Government of France had

advertised for the importation of 38,000 tons of coals into France, one

of the conditions being that they should be imported exclusively in

French vessels. So much for the Navigation Laws of France. The National

Assembly had also introduced another measure by which the importation

of salt in French vessels subjected to a duty only of 75c., while that

imported in British vessels was required to pay a duty of 2f. 75c. So

much for Free-trade with France. He trusted the majority in favour of

the ministry would be so small as to induce the Government to pause in

their career.

Mr. Macgregor, in a very long speech, supported the Bill, though he

wished it had been a more complete measure.

[Sidenote: Mr. Walpole.]

He was followed by Mr. Walpole against the Bill, who quoted the

Venetian proverb,[117] and said—“Let us first be Englishmen, and

then economists.” He considered the Navigation Law the wisest of our

regulations. It had given us safety and independence at home; it had

afforded security to our colonies abroad; it had protected our trade

in every part of the world, and it would protect it, if the laws were

not repealed, against all chances of war; and, while it had done

this effectually and completely, it had also preserved for them the

supremacy on the ocean, by which more than once they had been able to

bid defiance to the whole world, when our honour and interests were

assailed. Mr. Walpole concluded by borrowing the splendid peroration of

Mr. Disraeli in that gentleman’s speech at the second reading.

[Sidenote: Sir James Graham.]

Sir James Graham next rose, and, differing much on some points from

the supporters of the Bill, intimated, in an exhaustive speech, his

intention of voting for the third reading. Pointing to Sir Francis T.

Baring, who sat on the Treasury Bench as First Lord of the Admiralty,

the head of the house of Baring, he expressed his disbelief that he

would be an assenting party to a measure which, in his conscience,

he felt would be injurious to the character and welfare of that

commercial navy, to which he and his family for generations had been

so much indebted, or that he would give the weight of his influence to

a measure which, in his judgment, risked the power and greatness of

the Royal Navy, more especially confided by her Majesty to his care.

Liverpool had been mentioned. Why, the two members for Liverpool have

voted for the Bill.[118] So also did the two members for Newcastle and

Glasgow.

Sir James Graham added, that, however valuable reciprocity might have

been, when Mr. Huskisson considered the question in the abstract, he,

Sir James, was not much attached to it now. It might have been wise

and politic at the time; but he could not help thinking that it made

the interest of others the measure of our interest, he had almost said

it made the folly of others the limit of our wisdom. With respect to

reciprocity and to retaliation, which is reciprocity in another shape,

as a general rule he would rather leave the Navigation Laws as they

were than adopt that principle. What is retaliation? he asked. It is

this: because some foreign nation does that which is more injurious

to herself than it is to ourselves, we, in the spirit of blind,

vindictive passion, proceed to do that which is more injurious to

ourselves than to our rivals. To reciprocity and to retaliation, as a

rule, Sir James was opposed; but he supported the Bill, on the whole,

because without having recourse to either the one or the other, and

considering the character of the people of this country, their capital,

their undaunted courage, and the advantages they possessed in the race

they had already run, he was satisfied that any measure throwing open

the trade of the world would greatly increase commerce, and that the

lion’s share of the addition would fall to our lot. Every reason, he

argued, existing, in the days of Mr. Huskisson, for the relaxation of

the system existed in a yet stronger degree at the present moment; and,

quoting the expression employed by Lord Stanley, _Vestigia nulla

retrorsum_,[119] as applicable to the recent Free-trade policy, he

concluded a highly elaborate speech by remarking that Protection or

no Protection was the question at issue; and, as the present measure

would crown the work they had already accomplished, he was opposed

to reaction, and favourable to progress tempered by prudence and

discretion. Upon these grounds he supported the third reading.

[Sidenote: Mr. T. Baring.]

Mr. Thomas Baring avowed his opinion that, as a general principle,

restriction must be an injury to trade. If the whole community were to

be regarded as a community of merchants, certainly it was desirable to

allow the importers to get their wants supplied, and ship their goods

where and whence they pleased. If we were, like the inhabitants of the

Hanseatic Towns, mere receivers and distributors, then we might say,

let every other consideration be disregarded. But the real grievances

of the merchants might fairly be taken from their representations,

and, if they had sustained such grievances as had been represented,

surely they would not have been either indifferent or adverse to the

removal of those laws. If he understood the Bill rightly, it was framed

on the principle of removing all restrictions on foreigners, and of

maintaining restrictions on Englishmen. Let the House mark, he said,

that Government which, after great research and trouble in obtaining

information, had told us that there was an inferiority on the part of

our captains and sailors, now told the Shipowners that they were to

compete with those, who had the power of employing better workmen. The

only facility given by the Bill to Shipowners was the privilege of

building ships abroad; on this he would make one remark, that every

person knew the difficulty of recovering a manufacture once lost.

With respect to conditional legislation, suggested by Mr. Gladstone,

public opinion was divided on it in the United States. Sweden, in such

a case, had nothing to give. Holland could only give one-third, as the

Dutch Commercial Company carried on the other two-thirds of the Dutch

trade by contract in Dutch vessels. As regards the United States, he

was satisfied Mr. Bancroft did not intend to practise a deception.

The navigation of the United States offered advantages which might be

of account; yet there the favoured-nation clause came in to create

difficulties, and it might be that we would feel compelled to abandon

the Navigation Laws with respect to those States, or relinquish the

advantages which were offered prospectively. We ought to adhere to

the main principles of the Navigation Laws in all instances, and make

such concessions to each country as our interests might dictate as

expedient. The principles of Free-trade ought to be applied to each

measure under discussion, according as our particular interests were

affected thereby. Sir James Graham had put the question as one decisive

between retreat and progress. Reaction was as much to be feared as a

rash progress, for reaction might be fraught with suffering to the

people, as dangerous to the interests of the country as the proposed

change was ominous of evil.

[Sidenote: Lord J. Russell.]

Lord John Russell as Chief Minister of the Crown wound up the debate

on his side. He was aware that the law had been almost worshipped as

the _charta maritima_ of this country, and that, much of our

prosperity and commerce having been attributed to this law, it had

been thought profanation to alter it. He thought this was an opinion

founded in error, and that, at no time, had this law been essentially

advantageous to this country. He then went over the history of the

Navigation Laws, quoting authors of various times who wrote of the

fluctuations in trade and public policy, and having reviewed the

several points of the question, came to the conclusion that with

respect to the greater part of the nations of Europe and of the world,

we would obtain fair and equal terms of navigation, provided we were

ready to give the same terms to them. He went farther; he boldly

said that nobody could doubt that in the case of the United States

of America, or in those of Prussia, Russia, or Austria, the fullest

reciprocity would be conceded. The nations which would not give equal

terms were, at the most, only three or four—France, Spain, and

Belgium, and perhaps one other.

[Sidenote: Mr. Disraeli.]

[Sidenote: Majority for Bill, 61.]

Mr. Disraeli assumed the privilege of the last word, and, in reply,

quoted the last report of the Shipowners’ Society, which has been

already given, intimating their readiness to discuss the policy of

amending the Navigation Laws on all points not involving fundamental

principles. He next took a rapid review of the effects of repeal on

the Australian and other colonies, arguing that, if Canada had not a

Protective duty on corn restored to it, as demanded by the Legislative

Assembly, Canada would be lost to the British Crown. “Woe to those

statesmen and to the policy which plucked this jewel from the Crown of

England! No shuffling change in the Navigation Law could compensate

the people of Canada for what they had lost, and which they felt so

acutely.” Mr. Disraeli then referred to the papers from foreign Powers,

arguing that they were valueless, and, especially, that everything

respecting the United States was a _tabula rasa_, all that we had

heard last year having been obliterated as an element of consideration.

The last division on this famous Bill now took place upon the third

reading, when the Ayes were 275; Noes, 214; Majority, 61.

FOOTNOTES:

[109] This may appear unintelligible: while actually masters they could

not, it is true, be taken; but Mr. Henley said they might be, while

changing from one ship to another, and that he knew of instances in

which mates had been impressed, placed on board a man-of-war, and kept

there for seven years.

[110] While the second reading was under discussion, ministers did not

present the papers from the United States, in which the coasting trade

was reserved. They discreetly kept the secret up to the last moment

before the division. Had the Bill thrown open the whole coasting trade,

we now know the Americans would have declined to reciprocate.

[111] This is quite true, but the reader has had this fully accounted

for by the antagonistic interests of the non-navigating and navigating

States. The opposite feeling was disclosed in the very first debates of

the Republic.

[112] The entries and clearances of foreign vessels in the coasting

trade of the United Kingdom are quite insignificant.

[113] In the ‘Shipping Gazette,’ March 17, 1849, there is a list of the

51 members of seaport towns in the United Kingdom who voted in favour

of the Bill. Mr. Hudson, Sunderland; Mr. Barnard, Greenwich; Lord J.

Stuart, Ayr; and Lord J. Chichester, Belfast, were absent.

[114] The Amendment would occupy two pages; it will be found in

‘Hansard,’ vol. ciii. p. 1206.

[115] _Vide_ Letter of Mr. Crampton, 18th February, already

referred to.

[116] At the head of the London petition were the names of Thomas

Baring; Charles Baring Young; Fred. Huth and Co.; Ransom, Norton, and

Co.; Palmer, McKillop, and Co.; H. Davidson; Masterman, Peters, and

Co.; Spooner, Atwood, and Co.; Fletcher, Alexander, and Co.; Bosanquet

and Co., &c.

[117] “Let us be first Venetians, and then Christians.”

[118] Yes! But they lost their seats by it.

[119] Literally, “You can’t retrace your steps.”

CHAPTER X.

Debate in the Lords, May 7, 1849, on second reading—Speech of

the Marquess of Lansdowne—Lord Brougham—Condemnation of Mr.

Porter’s statistics—Protected and unprotected Trade—Voyages to the

continent—Napoleon’s desire for ships, colonies, and commerce—Earl

Granville—Earl of Ellenborough—Increase of foreign peace

establishments—Earl of Harrowby—Earl Grey—Lord Stanley—Admits

need of modifications—Canada not our only colony—Majority for

the Bill, 10—Duke of Wellington votes for it—Proceedings and

debate in Committee—Lord Stanley’s amendment—Rejected by 13—Earl

of Ellenborough’s amendment—Claims of Shipowners, and fear of

competition—Amendment rejected by a majority of 12—Bill read a

third time—Timber duties, &c., admitted to be grievances—Lord

Stanley’s protest—Royal assent given, June 26—Coasting trade

thrown open, 1854—Americans, October 1849, throw open all except

their coasting trade.

[Sidenote: Debate in the Lords, 7th May, 1849, on the second reading.]

[Sidenote: Speech of the Marquess of Lansdowne.]

Although the majority in favour of the Bill had slightly increased

since the division had been taken on the second reading in the House

of Commons, the Shipowners were not discouraged, believing it would be

thrown out by the Lords. They knew that the ministry had staked their

reputation upon it, and that the fate of the Government depended on

the result, but they confidently believed that the Upper House would

reject “so pernicious a measure.” The Bill was at once carried up to

the Lords, and read a first time on Tuesday, 24th April; and on Monday,

7th May, the Marquess of Lansdowne moved the second reading in a long

and elaborate speech. He contended that the origin of the Navigation

Laws during the Protectorate of Cromwell did not arise so much from a

commercial or political want as from a desire to punish the Dutch for

their loyal support to Charles I.[120] He admitted, however, that there

were then good grounds for trying the experiment how far the national

arm could be strengthened by restriction, and how far the naval force

of the country could be thus increased. The noble Marquess next traced

at length the changes contemplated by Mr. Pitt, and the incidents of

the war with Napoleon, contending that the law, by successive changes,

had ceased to be a suit of impenetrable armour, and was now only an

imperfect garment of shreds and patches, manufactured out of parchments

from statute books. He, further, showed the increase of our shipping

since the relaxation of the shipping laws, maintaining that the dread

of foreign competition was altogether irrational, and demonstrating, by

statistics, the large share of the American direct and carrying trade

we had already secured in open competition with American ships hence,

and with foreign ships from their own ports to American shores; while

we were, at the same time, able to bear off the chief share of the

Russian trade from the Baltic ships even within the heart of their own

country. He briefly referred to the colonial bearing of the question,

and said that the West Indies were subject to great troubles, and

Canada engaged in a difficult competition with the United States, the

whole trade of the St. Lawrence depending on the repeal of that part

of the Navigation Laws still in operation, the complete opening of

that river alone, he thought, being sufficient to enable her to retain

the trade now fast passing through the United States. The Marquess

quoted Bonaparte, whose aim, when at the summit of his power, had been

to obtain ships, colonies, and commerce. Bonaparte conquered one-half

of Europe; the other half he seduced or entrapped into negotiations.

He could create monopolies everywhere, and did so unscrupulously;

but the genius of English commerce overcame those monopolies. Ships

he could not get; colonies he could not acquire; commerce he could

not establish; and was this, he asked, a consequence of the British

Navigation Laws? No; it was British commerce and enterprise, which, in

spite of restrictions in all parts of the world, secured a footing;

and, in spite of edicts enforced by a million of bayonets, was

established and conducted successfully. The Marquess then explained

that the Administration depended upon this question, and were prepared

for all the consequences of a hostile vote.

[Sidenote: Lord Brougham.]

To the astonishment of the country, Lord Brougham, in one of the

ablest, or at least the most rhetorical speeches[121] he perhaps

ever delivered even in his best days, opposed the second reading of

the Bill. His Lordship had supported the other great measures of

Free-trade, and now did not escape the charge of inconsistency, which

he most eloquently denied. “I will only say,” he exclaimed, “that I

glory in what forms the subject matter of this taunt. I glory in having

obtained those immortal victories over antiquated error; in having made

to triumph the soundest principles of political philosophy, sweeping

away the groundless prejudices by which its progress was obstructed

heretofore. But if there is one passage of my political life dearer

than another to my remembrance, and any drop in the cup of exultation

more particularly sweet to my palate, it is the recollection of those

worthy, eminent persons, leaders of the revilers, the distinguished

statesmen whose support I enjoyed after passing a long life in

opposition to them on this very question, and who crowned themselves

with honour by abandoning their own errors in vindicating the truth.

But it is not now with them as with me. I make no change in my

opinions.” The noble Lord then plunged into the Orders of Council[122]

during the war, in the discussion of which he took such a conspicuous

part.

[Sidenote: Condemnation of Mr. Porter’s statistics.]

In speaking of the tables from the Board of Trade and Customs, he said

a lively impression prevailed on all sides, that they could prove

anything and everything. Indeed, it had been remarked, give me half an

hour, and the run of the multiplication table, and I’ll engage to pay

off the National Debt. In statistics it is easy to add a little here,

and subtract a little there, quietly to slip in a figure—it may be a

cypher among your data—slyly to make what seems a reasonable postulate

in your premises, but which turns out to be a begging of the question;

and, behold, you gain your point and triumph; until, it is found

that your adversary, having access to the same stores of arithmetic,

proves his case, and refutes yours, with the same facility. Such are

statistics when severed from sound principle and plain reasoning. But

how little are these to be relied on when prepared by those in the

employ of one party? To trust oneself among such details would be

perilous in the extreme. “My noble friend has fared forth into the

labyrinth with such bad success, that his fate seems to warn me how I

venture to follow his perilous course. But there remains to deter me,

like a beacon on the same coast, the sad wreck of another adventurer,

the good ship _Board of Trade_, G. R. Porter, Master, cast away

on the shoals of these faithless waters.” The noble Lord then assailed

Mr. Porter with the whole force of his sarcasm. He said: “Mr. Porter,

showing the comparative progress of English and American tonnage, takes

the whole of one part and only part of the other, and thus makes out

the result which suits his argument. Lord Hardwicke, the chairman, put

this question to the witness, after stating the entire difference of

the two returns, the difference being total in one case and partial

in the other. ‘Then, consequently, these returns are not to be taken

compared together, as showing in any degree the comparative value of

British and American tonnage?’ Mark the answer of the hapless Mr.

Porter. ‘Certainly not.’” The noble Lord then went on tearing, in the

opinion of the opponents of the Bill, Mr. Porter’s evidence to shreds.

“I am reminded,” said his Lordship, “of the cooking of the returns.

But here we had called up the chief cook to examine him. We asked,

‘Is this dish pure?’ ‘Not at all,’ he answered. ‘Is it nutritive?’

‘Nothing of the kind.’ ‘Is it safe and wholesome to eat?’ ‘Certainly

not?’ ‘Have you any means of correcting its poison by an antidote?’ ‘I

am not sure; I rather think I have; but I am not certain.’” The noble

Lord then referred to the reciprocity treaties; the fact being that

these treaties were all respecting differential duties; all of them

were grounded on the comparatively sound principle of only relaxing our

monopoly in favour of those States who agreed to give us the _quid

pro quo_; whereas the present scheme was to give the _quid_

without the _quo_; to sweep away all restriction at once with

every country before we secured an equivalent from any one; and so far

from proportioning our sacrifice to our gain, to sacrifice everything

before we gained anything.

[Sidenote: Protected and unprotected trade.]

“On the statistics of the protected and unprotected trades,” continued

his Lordship, “it is, that the greatest errors have been committed. It

was among these shoals that Mr. Porter had left a wreck, as a beacon

to warn us how we follow his course. He, no doubt, had steered to the

best of his ability, and quite unconsciously had been cast away; but,

that he acted under the bias of a strong prejudice in favour of his

ally and relative, the author of the present Bill, is very much to be

suspected, for we all know that the Bill is really Mr. Ricardo’s, who,

in 1847, moved the Committee on the Navigation Laws, the Government

being afterwards pushed on by their supporters, impatient at seeing

them hold their places and do nothing.” After dissecting these tables

with a ruthless hand, Lord Brougham asked how any rational man could

place reliance upon tables thus framed, and thus abounding on their

face with errors the most fatal. Their great concoctor is asked about

these errors, and he cannot deny them, so he says the heading of the

return is wrong, and that instead of “unprotected,” it should have been

“less protected.” Indeed! But that is just giving up the whole value of

the table, and making it utterly useless—utterly unfit to be the ground

of any inference whatever—utterly foreign to the present question. For,

observe, we can understand what is meant by a trade unprotected by the

Navigation Laws, and compare it with one that is protected; but a trade

“less protected,” how is that to be defined? Less protected than what?

What does this tell us? What makes more, what less? How can we compare

them together? All depends upon how much more and how much less, and

this Mr. Porter does not affect to show.

[Sidenote: Voyages to the continent.]

“But,” exclaimed his Lordship, “this is not the worst of it by a great

deal!” He then sifted the whole returns about the voyages to the

continent, to which I have already referred. “My Lords, I will readily

give a large licence for exaggeration to that lively class of persons

who contribute to our amusement by their powers of imagination, drawing

upon their fancy for their facts, and on their memory for their jests.

To these men I render all grateful homage, as among the gayest of

our sad species; so far as fourfold, or even tenfold, I am willing

to extend my licence. But what shall we say of a hundredfold, nay, a

hundred-and-fiftyfold, and that, not by the lively wit, but by the

plodding dealer in returns, tables, and trade and shipping statistics.

I must really send them away to bury themselves and their errors in

the recesses of the trade department, and no longer hope to obtain any

faith here. I have done with such food, such dry food even when it is

honestly prepared and fairly served up.”

Lord Brougham then entered fully into the merits of the general

question, calling upon their Lordships not to part rashly with what

had been called the miserable remnants, the fragments of a worn-out

system. “Fragments, indeed! They are of gigantic size; they are the

splendid remains of a mighty system; they are the pillars of our navy;

the props of our maritime defence.” He showed that there remained the

almost entire monopoly of our home trade, and the perfectly rigorous

monopoly of our colonial trade, employing above a million and a half

of shipping, and 20,000 seamen, with a capital that gave export and

import to between fifteen and sixteen millions sterling in the year. He

further insisted that the restrictions affecting Canada could be easily

removed without unsettling our whole policy.

The policy of the Navigation Laws rested, in his opinion, on the

position that, without such a partial monopoly as they gave to British

shipping, we never could maintain a sufficiently ample nursery for our

navy, an object of primary importance to every insular empire, and,

therefore, to be sought at a considerable sacrifice of the wealth

unfettered commerce might more rapidly accumulate.

[Sidenote: Napoleon’s desire for ships, colonies, and commerce.]

The Emperor Napoleon I. has been cited as having wished “for ships,

colonies, and commerce.” The quotation is not quite accurate.[123]

He inveighed against “the ships, colonies, and commerce of England,”

and mentioned these as the object of his hostility; whence Mr. Pitt,

at a Guildhall festival, gave as a retaliatory toast, “the ships,

colonies, and commerce of England,” a retort which derived its point

from the French Emperor’s hostility against these special objects. Lord

Brougham, in his splendid declamatory style, showed how Napoleon must

have wished in vain—for we had swept the seas of his navy, captured all

his colours—because we had created our own marine, which, he argued,

owed its existence entirely to the encouragement the Navigation Laws

gave to ship-building, and the facilities lent by the same laws to the

manning our fleets, which that encouragement had created. For nearly

two hundred years, he continued, we had abided by that policy; and

holding steadily our course, neither swerving to the right nor to the

left, never abandoning it, only adapting it to varying events which

have altered the distribution of dominion in other regions, we have

upheld the system which has made our navy the envy of our rivals, the

terror of our enemies, and the admiration of the world. “Are you,”

exclaimed his Lordship, with one of those bursts of ready eloquence for

which he was so conspicuous in debate, “prepared to abandon a system

to which you owe so precious a possession, not only the foundation of

your glory, the bulwark of your strength, but the protection of your

very existence as a nation?”

“The Bill,” continued Lord Brougham, “contained the seeds of fresh

agitation and new demand.” The coasting trade, as well as the manning

clauses, “would excite new agitation by other Ricardos and other

Cobdens.” In framing his judgment on this great question he had

listened but to one voice, the voice of public duty, sinking all party,

all personal considerations. He did not on any account, personal or

public, desire any change in the government. But he was prepared to

encounter that, rather than see the highest interests of the empire

exposed to ruin. This measure he could not bear, because our national

defence could not bear it. To sweeten the bitter cup which it would

fill, we are told, and he firmly believed it, that it would encourage

slavery and stimulate the infernal slave-trade; since, whatever

cheapened navigation between this country and the mart for slave-grown

sugar—whatever lets in the Americans, the Swedes, the Danes, the Dutch,

to bring over the sugars of Cuba and the Brazils—must of necessity

increase the African slave-trade, by which the increase of those

sugars was promoted. “When this new ingredient is poured into the

chalice commended to my lips to-night I can no longer hesitate, even

if I felt doubts before. All lesser considerations of party policy

or Parliamentary tactics at once give way; and I have a question

before me on which I cannot pause or falter, or treat or compromise;

and, regardless of the comfort in any quarter, careless with what

arrangements of any individuals my voice may interfere, I know my

duty, and will perform it: as an honest man, an Englishman, a Peer of

Parliament, I will lift that voice to resist the further progress of

the Bill.”

[Sidenote: Earl Granville]

Earl Granville, in replying to Lord Brougham’s speech, defended Mr.

Porter, and especially his statistics; but, as the reasons he and

his party gave in support of the measure have in a great degree been

confirmed by events, and by the success of the change they then so

boldly advocated, it is more desirable to record at greater length

the opinions of the opponents to the Bill. From these a lesson may be

taught to other nations, which still cling to a policy in favour of

which no more powerful arguments could be adduced than those urged

by some of the ablest men of the period, arguments, however, which

experience has shown, in almost every instance, to have been fallacious.

[Sidenote: Earl of Ellenborough.]

Lord Ellenborough[124] was unwilling, under existing circumstances, to

diminish our marine by one ship, or our seamen by one man, and this

Bill would tend to undermine the strength of our navy, both in ships

and men. He contended that, as there had been a much larger increase

in the British tonnage employed in the trade with the British North

American colonies than in that of all the rest of the trade with

America, fragmentary as the system might be, it evidently produced the

effect it was intended to produce, the maintenance and increase of

British navigation, and, therein, the security of this country. The

noble Lord then drew a picture of our colonial empire, and pointed

out the great and increasing demand on our naval resources for purpose

of defence. He next directed attention to the well-appointed navy

of the United States, of Russia, France, Austria, Naples, and other

Continental Powers; and said we should do wrong if we did not consider

the present state of the navies of foreign Powers in conjunction with

the changes which have taken place in their military position. The

military peace establishments of foreign Powers were now equal to

their war establishments of former times; while the substitution of

railways in the place of ordinary roads will enable States to bring a

preponderating force, suddenly, from the most distant quarters to the

port of embarkation, and then they will find “a steam bridge” from the

continent to these islands.

Lord Harrowby, in an exhaustive speech, argued that wherever the

“interests of commerce and navigation were at variance” those of

navigation must predominate, as essential to the defence and security

of the empire; but his Lordship, and all other speakers, entirely

failed to prove that they ever were at variance. Nor can they be so.

They rise and fall with each other; and are essentially one and the

same. Indeed, if closely scrutinised, they will be found to have no

antagonistic principles; and further, that whatever antagonism existed

was caused by the operation of the Navigation Laws. Lord Grey, who

followed Lord Harrowby, clearly showed that while these laws were of no

advantage to the Shipowner, they were, from their practical working,

serious drawbacks to his success, and that, instead of affording him

any real protection, they were detrimental to his best interests.

He further showed that the Navigation Laws were unfavourable to the

development of the warehousing system; and, afterwards, dwelt at great

length on the colonial part of the question and on the claims of

Canada; asserting, also, that we could only perpetuate the connection

between the mother-country and the North American colonies by engaging

the confidence and participating in the affections of their people.

The Navigation Laws were, he remarked, among the proximate causes of

the revolutionary struggle which had ended in the independence of the

United States. He concluded with an impressive appeal to the House not

to peril the interests of the country by rejecting the Bill.

[Sidenote: Lord Stanley.]

[Sidenote: Admits need of modifications.]

Lord Stanley,[125] on the second night of the debate, rose at a

quarter-past one o’clock, to answer Earl Grey, then Colonial Minister.

After alluding to the recent Free-trade policy, with which this

question was not connected, his Lordship asked whether they were

prepared to abolish a system which, for two centuries at least, had

formed the basis of our national greatness and the foundation of our

naval strength. He had no objection to the modifications the Navigation

Laws had undergone, nor might he object to some further modifications

now. But it was not on the modification of these laws that the House

had now to decide, but upon the momentous question of their entire

abolition. Were they prepared for such a step, when it was admitted

that, if taken, it must be irrevocable? Earl Grey, he said, treated

the Navigation Laws as disadvantageous to the mercantile interests

of the country. The merchants had not made this discovery, but the

Queen’s Government had made it for them. The whole case, as based

on its assumed benefits to the commercial marine, therefore fell to

the ground; and the objection to the Bill, founded on its injurious

tendency, so far as the navy was concerned, remained unchallenged and

unrefuted.

[Sidenote: Canada not our only colony.]

[Sidenote: Majority for Bill, 10.]

In Canada, as in all other colonies, the withdrawal of Protection was

regarded as a great grievance, hence the repeal of the Navigation Laws

was demanded by them only as a consequence of that event. But our

North American colonies were not confined to Canada. The shipbuilding

colonies of Nova Scotia and New Brunswick were opposed to repeal. The

exceptional case of Canada might be met without entirely abrogating

these laws. Having severely condemned Lord Palmerston for his circular,

Lord Stanley then endeavoured to show that the warehousing system

owed its origin to existing prohibitions, and that its increase or

permanence depended upon their maintenance. He strongly objected to the

proposal of admitting a foreign-built ship to British registry. It was

essential, he maintained, to keep up the number and efficiency of our

private building-yards, which would speedily decrease in number were

such a proposal adopted. The question, indeed, could not be decided by

one vote. The British merchants, the British Shipowners, the British

seamen, and the British mechanics would not be satisfied with a Bill

passed by a bare majority of the House, under pressure never heard of

before, and with menaces such as had been thrown out. The people of

this country will never know when they are beaten. The Marquess of

Lansdowne having replied, repelling in indignant language the charge

of having used menaces, the House went to a division at half-past four

o’clock on the morning of the 10th May, on the question that “now”

stand part of the motion. There appeared, Contents, present, 105;

Proxies, 68; Total, 173: Non-contents, present, 119; Proxies, 44:

Total, 163: Majority, 10!

[Sidenote: Duke of Wellington votes for it.]

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