Lloyd’s Registry now tests all anchors and chains as required by

Parliament, without any disturbance of their functions or the work for

which they were originally constituted, the voluntary classification

of ships. Why should we not place in their hands such duties connected

with the ship herself as the regulation of load-lines, certification of

seaworthiness, if found expedient, and the supervision of all matters

of detail which Parliament may consider necessary, in the construction,

equipment, loading, and navigation of our ships? All these matters

would be much better done by a popularly elected board chosen from

merchant Shipowners and underwriters than by any Department of the

Government. In their hands might be safely placed the appointment of

surveyors: one Department of this new Board attending to the hull of

the ship, the other to her navigation, as at present; all these matters

being subject, of course, to such regulations as Parliament might

consider it expedient to impose, and represented in Parliament by the

President of the Board of Trade, or, in lieu thereof, by a Secretary of

State for Commerce, should that be desirable.

I merely throw out these remarks for consideration, being aware that

many obstacles, though few real difficulties, would require to be

overcome in carrying out some such re-organisation as I venture to

suggest. But whatever changes Ministers may consider most expedient

to adopt, they must not lightly tamper with the merchant fleets which

the skill and genius of our people have created, or with the position

they have achieved since relieved from those legislative enactments,

by which they were bound for more than two centuries. These fleets

are now the largest, and unquestionably the finest, in the world, and

instead of foreigners overstocking our own ports as was prophesied, we

now conduct the greater portion of the maritime commerce of foreign

nations.[313] It is, therefore, no idle boast to say, that while the

sun never sets on the dominions of our Queen, there is no ocean, no

sea, and, I might add, were it not for the exclusive policy of the

United States and of France, with a few other insignificant exceptions,

no lake, no river, where the British flag is not unfurled, and where

it does not shed its civilising and beneficial influence, over many

peoples of varied tongues, who might otherwise still be living in

darkness, if not in barbarism.

It behoves, therefore, our Statesmen to take care how they deal with

this great interest—made great by the freedom of our laws and by

the energy of our people; and, whatever further legislation may be

necessary, it is seriously to be hoped that Government will confine

its measures to their legitimate object; viz. the clear definition of

the legal duties and responsibilities of Shipowners, the maintenance

of lighthouses, buoys and beacons on our coasts, the general

regulations necessary for the proper conduct of maritime commerce, the

investigation into the true cause of all accidents at sea, and the

prompt punishment of all persons who wrongfully and wilfully violate

the law.

FOOTNOTES:

[267] This term had its origin in the early part of the present

century, when so many of H.M.’s 10-gun brigs, employed in carrying

the mails, or on other short services, were lost, especially on their

Atlantic voyages, that they got the name of “_coffins_.”

[268] See Appendix, No. 13, p. 634, where a list will be found of

the different Acts of Parliament which have been passed relating to

merchant shipping since 1849.

[269] See ‘History of Lloyd’s Register of British and Foreign

Shipping,’ Appendix, No. 12, p. 624.

[270] See _ante_, vol. iii. pp. 48 and 50.

[271] See Parl. Paper C. 630, 1872.

[272]

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

| WRECKS, &C., OTHER THAN COLLISIONS IN THE |

| UNITED KINGDOM. |

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

| Year. |Total Loss.| Partial Damage.| Total |

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

| 1856 | 368 | 469 | 837 |

| 1857 | 384 | 482 | 866 |

| 1858 | 354 | 515 | 869 |

| 1859 | 527 | 540 | 1,067 |

| 1860 | 476 | 605 | 1,081 |

| 1861 | 513 | 658 | 1,171 |

| 1862 | 455 | 695 | 1,150 |

| 1863 | 503 | 830 | 1,333 |

| 1864 | 386 | 653 | 1,039 |

| 1865 | 470 | 832 | 1,302 |

| 1866 | 562 | 876 | 1,438 |

| 1867 | 656 | 1,020 | 1,676 |

| 1868 | 527 | 841 | 1,368 |

| 1869 | 606 | 1,047 | 1,653 |

| 1870 | 411 | 730 | 1,141 |

| 1871 | 398 | 826 | 1,224 |

| 1872 | 439 | 1,110 | 1,549 |

| 1873 }| | | |

|Jan. to June}| 212 | 522 | 734 |

| +-----------+----------------+--------+

| Total | 8,247 | 13,251 | 21,498 |

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

Annual average of 17 years, 472-11/17 total wrecks, and 748-13/17

casualties resulting in partial damage.

_Note._—In the above statistical statement no earlier date than

1856 is taken, as the machinery had not in 1855 being sufficiently

organised to ensure that nearly all the wrecks, &c., in that year were

reported; and there is reason to believe that some may not have been

reported in the years 1856, 7, and 8.

[273]

[Sidenote: Return of lives lost and saved between 1855 and 1873.]

The following table shows the number of lives saved, and the number of

lives lost on and near the coasts of the United Kingdom, 1855-1873.

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

| LIVES SAVED. |

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

Year. | By |By Rocket,|By Luggers,|By Ships| By | By | By | Total |

| Life |and Mortar| and | and | Ships’ |Individual| other | Lives |

|Boats.|Apparatus,|Coastguard | Steam | own |Exertion. | means. | Saved. | Lives

| |Lines, &c.| and other | Boats. | Boats. | | | | Lost.[274]

| | | Boats. | | | | | |

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

1855-6 | 336 | 499 | 1351 | 489 | | 22 | | 2,697 | 485

1856-7 | 634 | 383 | 606 | 587 | | 21 | | 2,231 | 521

1857-8 | 120 | 149 | 683 | 244 | | 17 | | 1,213 | 539

1858-9 | 220 | 154 | 878 | 622 | | 16 | | 1,890 | 353

1859-60| 367 | 407 | 681 | 769 | 951[275]| 9 | | 3,184 | 1,647

1860-1 | 771 | 415 | 467 | 858 | 1,499 | 14 | 362[275]| 4,386 | 537

1861-2 | 322 | 415 | 371 | 919 | 1,425 | 27 | 396 | 3,875 | 884

1862-3 | 291 | 252 | 414 | 1,319 | 1,289 | 9 | 531 | 4,105 | 690

1863-4 | 472 | 256 | 424 | 1,533 | 1,465 | 10 | 439 | 4,599 | 620

1864-5 | 293 | 347 | 338 | 1,003 | 1,459 | 22 | 232 | 3,694 | 516

1865-6 | 480 | 490 | 462 | 1,000 | 2,195 | 7 | 374 | 5,008 | 698

1866-7 | 378 | 527 | 385 | 986 | 2,728 | 13 | 765 | 5,782 | 896

1867-8 | 377 | 310 | 843 | 1,060 | 1,902 | 6 | 660 | 5,158 | 1,333

1868-9 | 504 | 333 | 317 | 719 | 2,062 | | 561 | 4,496 | 824

1869-70| 532 | 354 | 383 | 714 | 2,067 | 8 | 443 | 4,501 | 933

1870-1 | 473 | 203 | 500 | 1,062 | 2,795 | 2 | 459 | 5,495 | 774

1871-2 | 403 | 293 | 265 | 990 | 1,737 | | 245 | 3,933 | 626

1872-3 | 548 | 715 | 582 | 647 | 1,888 | 6 | 388 | 4,774 | 590

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

Total | 7521 | 6502 | 9950 | 15,522 | 25,462 | 209 | 5855 | 71,021 | 13,466

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

[274] The figures in this column show the number of lives lost between

the 1st January and 31st of December in each year. The number of lives

lost during the first six months of 1873 is 728.

[275] No record kept for former years.

[276] We expended between 1555 and 1873 143,660_l._ (see ‘Wreck

Returns, 1874,’ p. 11) in providing apparatus for saving life, and

in rewards to individuals as well as awards of the National Lifeboat

Institution (apart altogether from the efforts of that noble Society,

about which see _ante_, note, p. 315), and Her Majesty was

graciously pleased (12th April, 1867) to issue her warrant instituting

two decorations, the “Albert Medal of the first class,” and the

“Albert Medal of the second class,” to reward brave men, who have been

conspicuous for saving life at sea or on the coast.

[277] The total number of vessels and their tonnage, including their

repeated voyages, that entered and cleared at the ports in the United

Kingdom with cargoes and in ballast from and to foreign countries

and British possessions for the year 1873 was 130,075, of 44,439,986

tons; the entrances and clearance coastwise with cargoes only, 332,148

vessels, of 40,632,014 tons. If I add to these the coasters in ballast

and those with the description of cargo of which no note is taken at

the Customs, as also the vessels frequenting the Channel, and bound for

Hamburg, Bremen, and the Northern ports of Europe, which do not enter

any of the ports of the United Kingdom, of which no return is kept,

it will be found that I have not over-estimated the number which now

annually pass along or frequent our coasts.—‘Navigation and Shipping of

the United Kingdom for the Year 1873.’ Presented to Parliament, 1874.

[278] This point involves many grave questions. Happily, men do not

altogether live for the purpose of making money—they have other and

far nobler objects in view. Some, indeed, but they are rare and

grand characters, live altogether for the benefit of mankind and the

progress of the human race. There are others who follow a business or

profession, not altogether because it yields them profit, but because

it affords them pleasure. Such is the case to a large extent in this

country. We are a seafaring people, and we pursue occupations in

connexion with it frequently as much for pleasure as for profit. We

enjoy the business of Shipowners, because it is natural to us, and

we take a delight in improving the forms of our ships. I have seen a

captain whose heart was in his ship, caress her!—yes, caress her, by

clapping the taffrail where he stood when she was performing her work

to his satisfaction, as if she had been a living thing, and heard him

exclaiming, “Go a-head, my beauty!” just as many persons may have

been heard extolling the performance of a favourite horse. Care must,

therefore, be taken not to interfere by _unnecessary legislative

enactments_ with what is not merely our business but our pride and

pleasure, or we may be driven, to the serious loss of the nation,

to seek other investments for our capital. We have now arrived at

that point where competition has become so close that if we tax our

Shipowners to any greater extent than they are now taxed, directly or

indirectly (interference with their affairs is the heaviest as well as

the most obnoxious of all taxes), we shall most assuredly drive their

ships from the trades in which they are now engaged, or compel them to

submit to the humiliation of seeking a Foreign register, and hoisting a

Foreign flag.

[279] See _ante_, p. 465.

[280] The year previous to 1873-4 was a much more disastrous one than

the year before it, as there were 728 lives lost in the six months

ending 30th June, 1873, which is in some measure accounted for by the

wreck of the ship _Northfleet_, when 293 lives were lost.

[281] See Parl. Paper, 214, 1875, pp. 4 and 11.

[282] As it has often been broadly stated that employment in British

ships is much more dangerous now than it was in 1836, when the first

Committee sat to inquire into the cause of shipwrecks, I may reply

that the most careful analysis shows that, while the losses were then

on the average of the three previous years 3·72 percentage of the

number of vessels (or rather of their tonnage) employed, they were for

the three years previous to 1873 only 2·95 per cent., although these

years were exceptionally fatal to ships laden with timber, grain, and

coal (see Appendix to ‘Commission on Unseaworthy Ships,’ pp. 780 and

791), arising from the enormous increase in the oversea trade of these

articles. For instance, while in 1861, 57,745,993 cwts. of corn were

imported, the imports in 1872 amounted to 97,765,298 cwts. The imports

of timber rose between the same periods from 3,358,589 to 4,949,786

loads; and the oversea exports of coals from 7,934,832 in 1861 to

13,198,494 tons in 1872.

[283] Lighthouses, 6 & 7 Wm. IV. cap. 79.

[284] Merchant Shipping Act Amendment Act, 16 & 17 Vict. cap. 131.

[285] Merchant Shipping Act, 36 & 37 Vict. cap. 85.

[286] Parl. Paper, C. 1152, 1875.

[287] However beneficial in its results, it may well be questioned

if any body of surveyors ought to be empowered at their pleasure,

without complaint, to thus retard trade and stop the ordinary course

of commerce; and I am disposed to question alike the policy and the

wisdom, as well as the necessity, of this regulation. There appear

to be now employed in these questionable operations, no less than

117 Government surveyors, “shipwrights,” and “engineers,” stationed

at different ports in the United Kingdom, twelve of whom are

retired officers of the Royal Navy, besides a good many so-called

“shipwrights,” who can have very little knowledge of the construction

of merchant ships or of their requirements.[288] In making these

appointments, the fact seems to have been overlooked that, at all

our ports, there are the surveyors of Lloyd’s Register, or of other

similar associations, whose services might have been utilised with

a great saving of public expenditure, and with, perhaps, greater

efficiency. Yet I read, to my astonishment, in the public journals not

long since a letter (6th August, 1875) from Mr. Plimsoll, addressed to

the President of the Board of Trade, in which, among much irrelevant

matter, he urgently recommends eighteen more surveyors to be appointed

by Government, at a salary of not less than 1000_l._ per annum. I

sincerely trust no such appointments will be made; but that Government

will direct its attention to other more economical and more efficient

modes of removing the evils of which Mr. Plimsoll complains, if indeed

they exist at all to the extent alleged. There is no use hiding the

fact that all such appointments must be filled, in a great measure,

through patronage, and that it would be impossible to find men, even

at the tempting salary named, competent for the numerous technical and

responsible duties that would be required of them. But if such men

could be found, are we to hand over the whole of the vast maritime

interests of this country, from the time the keel is laid to the

despatch of the ship to sea, to the supervision and control of a

certain number of Government officials, however competent? As it is,

the duties of the surveyors, already appointed, are too frequently as

ludicrous as they are questionable. I daresay Mr. Plimsoll must have

felt this when he recommended in his letter to Sir Charles Adderley,

that “we ought not to have less than four detaining officers in

Ireland, four in Scotland, and ten in England, and that the _minimum

average(?)_ salary should be 1000_l._ per annum.” Of course

he meant them to look after the officers already appointed as well as

after the ships; and that they should be “apart altogether from the

Permanent Secretary, and the Secretary of the Marine Department,” whom

he charges, in the same letter, without, by the way, one tittle or

shadow of evidence, with the grossest dereliction of duty.

[288] The staff of the Board of Trade, and its cost for salaries, in

1875 were as follows:—

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

| |Aggregate

Employment. |Number.| Salary.

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

| | £

In the Board of Trade and registry of seamen | 237 | 48,760

Examinations | 13 | 3,355

Mercantile marine offices | 237 | 24,416

Surveyors, emigration officers, tonnage measurers,}| |

recorders of draught of water }| 154 | 30,078

Nautical assessors | | 3,000

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

Total | 641 | 109,609

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

[289] I feel no hesitation in giving, from the public journals, an

account of this most extraordinary and unusual scene, not merely as

an episode in the history of Merchant Shipping, but to explain the

circumstances under which the temporary Act now in force was passed at

the close of the Session of 1875:—

“Mr. CHARLEY asked the First Lord of the Treasury whether he could

hold out any hopes of being able to afford facilities for the third

reading of the Infanticide Bill in time to enable the House of Lords to

consider it this Session.

“Mr. DISRAELI said he thought he could hold out some hopes to the hon.

member. He felt some difficulty on Monday in stating the intentions of

the Government, but this arose from their desire to pass the Merchant

Shipping Bill this Session; but, finding it impossible to get through

the committee on the Agricultural Holdings Bill this week, they had

come to the conclusion to abandon the Merchant Shipping Bill. It had

been submitted to the Government that they might pass the Bill in

a modified form, but he declined to deal with the subject in that

fragmentary manner. All he could say was that they would take the

earliest opportunity of bringing forward the measure next Session.

“Mr. GOSCHEN, speaking on behalf of the shipping interest, expressed

his extreme regret that the Merchant Shipping Bill had been sacrificed

for the Agricultural Holdings Bill.

“Mr. PLIMSOLL earnestly entreated the Government not to consign

thousands of their fellow-creatures to an undeserved grave. There were,

he said, shipowners of murderous tendencies—(‘Order, order!’)—who had

frustrated the passing of the Bill by protracted debates. The secretary

of Lloyd’s had assured a friend of his that he did not know of a single

ship which had been broken up during the past thirty years because it

was worn out. The result was that hundreds of brave fellows were sent

to unhallowed graves by these speculative scoundrels—(cries of ‘Order!’

and uproar).

“The SPEAKER informed the hon. member that his remarks were out of

order. When the Merchant Shipping Bill, which was on the orders of

the day, came up for consideration he would have an opportunity of

addressing the House.

“Mr. PLIMSOLL said he would give notice that on Tuesday next he would

put a question to the President of the Board of Trade with reference

to certain vessels which had been lost, entailing a great sacrifice

of human life, and would ask whether those vessels were not owned by

Mr. Edward Bates, the member for Plymouth, or a person bearing the

same name. He should also have some questions to put, with respect to

members on the Liberal side of the House, for he was determined to

unmask the villains who sent these people to their death—(cries of

‘Order!’ and tremendous uproar).

“The SPEAKER said: The hon. member has used the term ‘villains.’ I

trust that he did not apply it to any members of this House.

“Mr. PLIMSOLL: I did, sir, and I shall not withdraw it.

“The SPEAKER: The conduct of the hon. member is altogether

unparliamentary, and I call on him to withdraw the language—(cheers).

“Mr. PLIMSOLL (excitedly): And I must again decline to withdraw it.

“In reply to a third interrogation by the Speaker, the hon. member

again declined to withdraw. The SPEAKER: The hon. member declines to

withdraw, and I must submit his conduct to the judgment of the House.

“Mr. PLIMSOLL, standing in the centre of the House, said he would

submit to the judgment of the House. Once more approaching the table,

holding a paper in his hand, said, ‘This, sir, is my protest,’ and was

proceeding to address the House, but in obedience to loud cries of

‘Order!’ he took his seat on the front bench below the gallery.

“Mr. DISRAELI rose and said that the conduct of the hon. member was

almost unparalleled.

“Mr. PLIMSOLL, jumping up and interrupting: ‘And so is that of the

Government’—(tremendous uproar).

“Mr. DISRAELI, continuing, said: I feel that it is my duty, as far as

I can, to uphold the dignity and honour of the House; for the conduct

of the hon. member has been not only violent, but so offensive, that

it is impossible for the House to pass it over. As the hon. member has

declined to withdraw the word used, it is my duty to move that he be

reprimanded by the Speaker for his disorderly and violent conduct—(loud

cheers).

“The SPEAKER said that according to the practice of the House the hon.

member for Derby would answer in his place, and then withdraw.

“Mr. PLIMSOLL retired to the bar, and as he reached it, turned round

apparently with the intention of saying something, but the members

there prevailed on him to pass out, and as he did so, he exclaimed:

‘You do not know the men as well as I do. This will cost the lives of

thousands.’ The hon. member then left the House.

“The Marquis of HARTINGTON rose and was about to address the House, but

was informed by the Speaker that the motion before the House was, that

the hon. member for Derby be reprimanded.

“The Marquis of HARTINGTON said he need hardly state that he should

support the motion—(cheers). It was evident that the hon. member was

labouring under great excitement, but he was not justified in using

the language he had employed. No doubt, when he had a little time for

reflection, he would see his conduct in a different light—(cheers).

“Mr. SULLIVAN said the scene they had witnessed was without precedent

in the House, but he appealed to the House to be indulgent to the

hon. member. He was aware that the hon. member was extremely ill, and

his state of mental excitement arose from his overstrained feelings.

Without seeking to justify the transgression of the hon. member, he

wished the House would allow him to have a week’s rest, by which

time he would be in a position to apologise for his misconduct. He

(Mr. Sullivan) held in his hands the documents which had wrought the

hon. member up to his present state of excitement, and for some time

past his friends had been caused the most serious uneasiness by the

deplorable state of his mind. If the House would afford him a few days’

rest, he would no doubt be able to set himself right—(cheers).

“Mr. DISRAELI then moved that the hon. member for Derby be requested to

attend in his place on this day week—(loud cheers).

“Mr. FAWCETT said that Mr. Plimsoll was at present in an extremely

painful state of excitement. He had gone out to him in the lobby, and

found him in the most lamentable condition. By great effort he had

persuaded him to take a walk in the open air—(great laughter). At the

end of a week there was little doubt that he would withdraw the violent

expressions he had used—(cheers).

“Mr. BASS, as the colleague of Mr. Plimsoll, offered his grateful

acknowledgments to the House for the course they had taken—(cheers).

“The matter then dropped.

“On the motion for discharging the Merchant Shipping Bill,

“Mr. BATES said that he wished, with the indulgence of the House,

to make a statement with respect to what had fallen from the hon.

member for Derby earlier in the sitting. All who had witnessed the

extraordinary exhibition would agree with him that the hon. member for

Derby was not responsible for his actions. With respect to himself

it was unfortunately true that he had lost during the last two years

five ships; but ships better found in every respect were never sent to

sea. They were all of them iron ships, and classed A 1. To himself,

personally, pecuniarily the loss was very severe, as he never insured

his ships for more than one-half or two-thirds of their market value.

That was not so much the matter; but he did deplore the loss of his

men, and his only consolation was that, as far as human foresight could

go, the ships were as good and as safe as man could make them. He felt

assured that the statement of the hon. member for Derby would be looked

upon by all, as he looked upon it, with pity—(cheers).

“The House shortly afterwards adjourned.”

Mr. Plimsoll subsequently apologised for his conduct to the House. But

it is much to be regretted, _on his own account_, that he neither

attempted to substantiate the charges he had brought against Mr. Bates,

nor asked leave to withdraw them.

[290] When the Bill was withdrawn there stood upon the orders of the

day of the House of Commons no less than 178 amendments to it, many

of them on subjects of great importance and difficulty, as well as of

great intricacy. See _Times’_ report of Mr. Disraeli’s speech at

the Mansion House, 4th August, 1875.

[291] ‘Unseaworthy Ships,’ 38 & 39 Vict. cap. 88.

[292] Already there seems to be a misapprehension. Mr. Plimsoll, as

would appear by the newspapers, has been spending his vacation on the

shores of the Black Sea and Danube, visiting the grain ports, and

instructing the masters of all vessels loading grain how to stow it in

accordance with the conditions of the new Act. That he is clearly of

opinion that inspectors should be appointed is evident from the fact

that he appointed forty of them! and that the Foreign Office approves

of what he has done! What next and next? But the Board of Trade, by the

correspondence which has been published, is of an entirely different

opinion, and maintains that the Act of Parliament gives no such power.

Nor does it! Nor should it! It is not the duty of Government to appoint

inspectors to see that its laws are carried into effect. I say nothing

as to the expense and impracticability of having surveyors at every

port in the world where a ship is to load grain; but, if such is the

meaning of the Act as applicable to grain ships, where is this sort

of legislation to end? Are we to have Government inspectors to see to

the loading of all our ships at home and abroad? And if so, why should

this new system not be applied to every branch of commerce? Nay, why

should it not extend into our houses? Surely heavy penalties would, in

the case of grain ships, be a much more effectual mode of enforcing

the conditions of the Act. Is there to be no end to the folly of

unauthorised individuals appointing surveyors to inspect the loading

of our ships abroad, or interfering with duties alone within the power

of the Executive Government? It is high time we put a stop to these

well-meaning, but Quixotic, proceedings.

[293] I cannot understand what is meant by the word “keep.” A ship

sails in a seaworthy condition, but an accident happens on the voyage

which _may_ render her “unseaworthy”: is the master, under such

circumstances, to put back to the nearest port for repairs? and if he

does not do so, and his ship is lost, it may be from causes wholly

different, is his policy of insurance to be invalid, and is he to be

responsible for any loss of life that may thus occur?

[294] In Mr. Plimsoll’s protest, which, as the rules of the House of

Commons would not allow him to present, he either threw upon the table,

or had dropped into the House from one of the galleries,[295] he says,

“I charge the Government that they are wittingly and unwittingly, for

they are both, playing into the hands of the maritime murderers inside

the House and outside the House to secure a further continuance of the

present murderous system.”... “I desire to unmask the villains who

sit in the House, fit representatives of the more numerous, but not

greater, villains who are outside the House.” I offer no comment on

this language. It tells its own tale of the state of mind of its author.

[295] The disgraceful scenes in the House of Commons could not have

arisen from Mr. Plimsoll’s momentary excitement, when the Government

announced the withdrawal of its Bill, but must have been premeditated,

as this carefully prepared protest too clearly shows.

[296] Mr. John W. A. Harper, Secretary to the Salvage Association. See

Question 8769, p. 311.

[297] See also evidence, W. J. Lamport, Question 5556, p. 192. With

regard to the question of overloading, Mr. Lamport made a remarkable

statement, which I do not hesitate to give at length, because it

differs entirely from an opinion prevailing at present in the public

mind.

The CHAIRMAN asked (Question 556): “From your knowledge of the

shipping in Liverpool during forty years, Do you think that there has

been a great deal of overloading?”—“Since it was intimated to me that

I was to be asked to give evidence in this room, I have been trying to

task my memory for cases in which when vessels had foundered or had

not been heard of, I myself had felt a reasonable suspicion that the

cause was overloading. I have not been able to bring to my recollection

a single instance of the kind. Now this result, I must confess, was a

little startling to myself, and in order to check it I spoke to the

overlooker of my firm, who is a man older than myself, who has had

longer experience than I have had, and who, from his outdoor business,

would probably hear of such things more frequently than I should. The

overlooker told me that he himself did not remember a single instance,

in which he had suspected that any vessel which had left the port of

Liverpool had been lost because of being overloaded.”

I may add, from my intimate knowledge of Mr. Lamport, which extended

over a period of thirty years up to his untimely death, that these

were no mere words of course. Indeed, the statement agrees with my

own experience; and, from the inquiries I have made elsewhere, there

are comparatively very few ships lost from overloading, except in the

coasting and short-voyage trades. In confirmation of this opinion, the

Commissioners, in their final report, state that “It is chiefly among

the small coasting vessels that any habitual overloading prevails,” and

“that there are a large number of ships in ballast annually lost, while

the losses from collisions show that the management and negligence of

sailors are not less disastrous than the carelessness of shipowners.”

[298] It appears to me to be a grave mistake to require the insertion

in the ship’s articles of the draught of water. These articles are an

agreement between owner, master, and crew, and are binding on all. How

can a drowned sailor’s family claim compensation for a vessel being

loaded to a draught the sailor himself agreed to?

[299] Mr. Gray, the Assistant-Secretary to the Board of Trade, stated

(Question 10,088) that the Board had received a letter from Mr.

Plimsoll, suggesting that the Department should employ the staff of

‘Lloyd’s Register’ to assist in the survey of certain merchant ships.

[300]

[Sidenote: Opinion of Mr. Charles McIver.]

In going carefully through the evidence taken before the Royal

Commission on Unseaworthy Ships, I cannot find that any witness

objects to the principle that no ship should be allowed to proceed

to sea that is unseaworthy, nor do I find that any Shipowner would

object to a survey of his ship for the purpose of ascertaining her

seaworthiness. Indeed, Mr. Charles McIver, of Liverpool, the senior

partner of the Cunard Company, and a gentleman of great experience,

though he does not class any of his ships for somewhat the same reason

as I have stated, considers it advisable that all ships should be

_classed_—not merely certified as seaworthy, but _classed_.

The Chairman (Question 9245, p. 331) remarked: “You said you would not

have any objection to have your vessels classed;” and then he asked,

“Do you think it advisable that all ships should be classed?—I think

so, from what I have seen in the last two or three years. If you will

allow me, I will give another reason. I once got nearly cast away in

an unclassed vessel about forty years ago. I was going to the States.

She was a wooden vessel. I had taken a passage in her along with my

sister, because I knew the captain of the ship. She was loaded with

steam-engines and coals. I shall not mention the ports or the owners,

because they are all dead and gone, the captain included. Off the

Azores we fell in with a gale of wind. It only lasted for twelve hours;

but, if it had lasted for twenty-four hours, she would have gone down.

The captain came to me, and said, ‘If I had known that she was as bad

as this, I would not have let you come.’ He said, ‘Her beams are away

from the sides.’ I said, ‘I know that she is making water very rapidly,

because it is coming out as clear as it went in,’ and they were pumping

every two hours, and so forth. Now, I do not mean to say that there

may not be culpability in the owner, but, sometimes, it is ignorance.

So it was in that case; they did not believe that the ship was as bad

as she was. My remark to the captain was, ‘When you go home you had

better throw up command of this vessel or you will lose your life.’ He

did so; but, in some way or other, he mixed up Mr. McIver’s name with

it. The owner said, ‘Mr. McIver is frightened.’ The captain said, ‘No,

he is not frightened, but he knows too much.’ He said, ‘I will give up

the ship.’ Now, to show you that I did not think that there was any

intentional culpability on the part of the owner, but simply ignorance,

or simply that they could do what I could not do, because I knew too

much, they gave that ship to the mate, and sent that vessel away in his

charge for a long voyage abroad, and she did it safely. The next voyage

she was never heard of. Now, any sort of classing, I think, would have

prevented that ship from going to sea.”

[301] Appendix No. 12, p. 624.

[302] The writer of a letter which appeared in the ‘Nautical Magazine,’

headed “‘Lloyd’s Register’ and the Great Steam Lines,” and which

was afterwards published separately (Pewtress & Co. London. 1872),

says, “It is very remarkable that the classing of large steamers with

Lloyd’s was nearly wholly omitted until 1870;” arising, I may add,

from the fact that the ‘Liverpool Register’ allowed, in such ships,

scantlings and arrangements of which Lloyd’s surveyors disapproved.

“But,” continues the same writer a little further on, “it is much more

remarkable that February 1870 is the date of Lloyd’s new rules, which

are, it is supposed, an abandonment of the principle and scantlings of

the old rules.” We have here exemplified in the most forcible manner

the evils of competing classification associations.

[303] Safety depends much more on the nature of the cargo, and

the manner in which it is stowed, than most people, or even some

shipowners, suppose. Dead weight, when stowed close and very low,

while it makes a vessel stiff—that is, “stand up” to a heavy pressure

of canvas, makes her roll in a calm when there is a heavy swell (like

the pendulum of a clock), to the injury of her spars and rigging, and,

not unfrequently, to roll her masts overboard. Railway and other bar

iron, which is now a very common description of cargo, should always be

stowed in a triangular form, and the heavier the bars the wider should

be the angles. Ores of every description, on an oversea voyage, should

be stowed in a boxed hold, or on platforms in the centre of the ship,

thoroughly blocked from the sides. In a word, the proper stowage of

a ship, whether as regards her form or the nature of her cargo, is a

science which has not been sufficiently studied.

[304] We must ever remember that although, since we relieved our

Shipowners of all the restrictions to which they were subjected by

the Navigation Laws, they have advanced above all other nations, the

shipping of many of those nations are now running them a very close

race. If we burden them with load-lines, which prevent them from

carrying as much cargo with safety as a foreign vessel would be allowed

to do—half a foot, or even three inches less depth may deprive them of

all their profit—or saddle them with charges for surveys and so forth,

already very heavy, and to which their competitors are not subjected,

we, in either case, drive them from the trade. We must further, if we

adopt the principle of a certificate of seaworthiness, recollect the

interests of a great number of small coasters, and carefully consider

if it would not _seriously_ affect them.

[305] See ‘Final Report of Royal Commissioners on Unseaworthy Ships,’

p. 15.

[306] The following graphic description of the state of too many of

our ordinary merchant vessels when they sail is so true that I do not

hesitate to transfer it to these pages. I do so with the hope that the

Legislature may direct its earliest attention to the improvement of

the lamentable state of things here described, and with the conviction

that the first step towards that improvement would be the abolition

of the system of advances to seamen: “The ship is about to leave the

dock, when the crew, generally of a very inferior description, are

brought on board, and, frequently, in such a state of intoxication that

they are worse than useless during that day, and the ship must anchor

for the night. Next day the motley crew commence work reluctantly, in

a thoroughly strange ship, under strange officers, and are strangers

to each other. The chief officer has the unenviable task of getting

them into order, not having a man that he can depend upon. Yet it is

from that strange crew he must select look-out men, helmsmen, and

leadsmen during the ten or twelve hours’ darkness of the following

night.”—Extract of letter from Captain H. A. Moriarty, R.N., to the

‘Nautical Magazine’ for November 1875.

[307] My readers should be informed that a premium of insurance on

chartered freight out and home is much higher in proportion, than if

insured out only, and then, after arrival at port of destination, home

only.

[308] Royal Commission on Unseaworthy Ships, Appendix to the Report No.

51, and Questions 11,516 and 13,072.

[309] See ‘Final Report,’ p. 16.

[310] See _ante_, p. 318, note, and p. 480.

[311] See _ante_, p. 321. The Merchant Shipping Act of 1854, which

is quite as large as the Merchant Shipping Code Bill, now ready, passed

through Committee in one forenoon sitting.

[312]

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

Years.| Ships belonging to the British | British Steam Vessels Entered

| Empire at the end of each Year,| and Cleared in the Foreign

| 1850 to 1874 inclusive. | Trade in the United Kingdom,

| | 1850 to 1874 inclusive.

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

| Number. | Tons | Number. | Tons.

1850 | 34,281 | 4,232,962 | 8,350 | 1,802,955

1852 | 34,402 | 4,424,392 | 7,059 | 1,980,473

1860 | 38,501 | 5,710,968 | 12,777 | 4,186,620

1862 | 39,427 | 6,041,358 | 15,201 | 5,239,493

1870 | 37,587 | 7,149,134 | 29,369 | 13,341,058

1872 | 36,804 | 7,213,829 | 35,570 | 17,430,029

1873 | 36,825 | 7,294,230 | 37,175 | 18,943,653

1874 | 36,935 | 7,533,492 | 37,606 | 19,408,527

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

[313] See Appendix No. 14, p. 637. Tonnage entered and cleared in the

United Kingdom, United States, France, Holland, Norway, Prussia, and

Sweden, distinguishing between national and foreign ships from 1850 to

1873.

APPENDICES.

No. Page

1. CONVENTION OF COMMERCE BETWEEN GREAT BRITAIN AND FRANCE,

1826 563

2. LETTER FROM MR. W. S. LINDSAY TO LORD LYONS, BOSTON, U.S.,

1860 567

3. CORRESPONDENCE WITH THE FOREIGN OFFICE RESPECTING THE LIABILITY

OF BRITISH SHIPOWNERS IN THE COURTS OF THE UNITED

STATES OF AMERICA 571

4. LETTER TO THE EMPEROR OF THE FRENCH ON THE SUBJECT OF THE

NAVIGATION LAWS OF FRANCE, 10TH JANUARY, 1861 582

5. LETTER FROM M. FLEURY AND REPLY, 17TH AND 23RD JUNE, 1862 590

6. LETTER TO THE COMMERCIAL ASSOCIATION, LISBON, 28TH JANUARY,

1863 596

7. SUMMARY OF THE ACTS PASSED FOR THE REGULATION OF PASSENGER

SHIPS 600

8. PASSAGES OF CLIPPER SHIPS ENGAGED IN THE TRADE WITH CHINA 611

9. LOG OF THE SAILING SHIP ‘THERMOPYLÆ’ 613

10. STATISTICS OF TONNAGE BELONGING TO GREAT BRITAIN, UNITED

STATES, FRANCE AND HOLLAND, FROM 1821 TO 1874 618

11. EXEMPTION IN FAVOUR OF CERTAIN BRITISH SHIPS FROM LOCAL PORT

CHARGES IN 1852 620

12. HISTORY OF LLOYD’S REGISTER OF BRITISH AND FOREIGN SHIPPING 624

13. ACTS OF PARLIAMENT PASSED BETWEEN 1849 AND 1875, INCLUSIVE,

RELATING TO BRITISH SHIPS AND SEAMEN, AND OTHER PARLIAMENTARY

PAPERS REFERRING THERETO 634

14. TONNAGE OF SHIPPING ENTERED AND CLEARED IN THE UNITED

KINGDOM, UNITED STATES, FRANCE, HOLLAND, NORWAY, PRUSSIA,

AND SWEDEN, DISTINGUISHING BETWEEN NATIONAL AND FOREIGN

SHIPS FROM 1850 TO 1873 637

APPENDICES.

APPENDIX No. 1.

_Convention of Commerce between his Britannic Majesty and

the most Christian King, together with two additional Articles

annexed, signed at London, 26th January, 1826._

Article 1.—French vessels coming from or departing for the ports of

France, or if in ballast, coming from or departing from any place,

shall not be subject in the ports of the United Kingdom, either on

entering into or departing from the same, to any higher duties of

tonnage, harbour, lighthouse, pilotage, quarantine, or other similar

or corresponding duties, of whatever nature, or under whatever

denomination, than those to which British vessels, in respect of the

same voyages, are or may be subject, on entering into or departing from

such ports; and, reciprocally, from and after the same period, British

vessels coming from or departing for the ports of the United Kingdom,

or if in ballast, coming from or departing for any place, shall not be

subject, in the ports of France, either in entering into or departing

from the same, to any higher duties of tonnage, harbour, lighthouse,

pilotage, quarantine, or other similar or corresponding duties, of

whatever nature, or under whatever denomination, than those to which

French vessels, in respect of the same voyages, are or may be subject

on entering into or departing from such ports, whether such duties are

collected separately or are consolidated in one and the same duty, his

most Christian Majesty reserving to himself to regulate the amount of

such duty or duties in France, according to the rate at which they are

or may be established in the United Kingdom, at the same time, with a

view of diminishing the burdens imposed upon the navigation of the two

countries. His most Christian Majesty will always be disposed to reduce

the amount of the said burdens in France in proportion to any reduction

which may hereafter be made of those now levied in the ports of the

United Kingdom.

2. Goods which can or may be legally imported into the ports of the

United Kingdom from the ports of France, if so imported in French

vessels, shall be subject to no higher duties than if imported in

British vessels; and, reciprocally, which can or may be legally

imported into the ports of France from the ports of the United Kingdom,

if so imported in British vessels, shall be subject to no higher duties

than if imported in French vessels. The produce of Asia, Africa, and

America, not being allowed to be imported from the said countries, nor

from any other in French vessels, nor from France in French, British,

or any other vessels into the ports of the United Kingdom for home

consumption, but only for warehousing and re-exportation, his most

Christian Majesty reserves to himself to direct that in like manner the

produce of Asia, Africa, and America shall not be imported from the

said countries, nor from any other, in British vessels, nor from the

United Kingdom in British, French, or any other vessels into the ports

of France for the consumption of that kingdom, but only for warehousing

and re-exportation.

With regard to the productions of the countries of Europe, it is

understood between the high contracting parties that such productions

shall not be imported in British ships into France for the consumption

of that kingdom, unless such ships shall have been laden therewith in

some port of the United Kingdom; that his Britannic Majesty may adopt,

if he shall think fit, some corresponding restrictive measure with

regard to the productions of the countries of Europe imported into the

ports of the United Kingdom in French vessels, the high contracting

parties reserving to themselves the power of making by mutual consent

such relaxation in the strict execution of the present article as they

may think useful to the respective interests of the two countries

upon the principle of mutual concessions, affording each to the other

reciprocal or equivalent advantages.

3. All goods which can or may be legally exported from the ports

of either of the two countries shall on their export pay the same

duties of exportation, whether the exportation of such goods be made

in British or French vessels, provided the said vessels proceed,

respectively, direct from the ports of the one country to the other.

And all the said goods so exported in British or French vessels shall

be reciprocally entitled to the same bounties, drawbacks, and other

allowances of the same nature which are granted by the regulations of

each country respectively.

4. It is mutually agreed between the high contracting parties that in

the intercourse of navigation between the two countries the vessels of

any third power shall in no case obtain more favourable conditions than

those stipulated in the present convention in favour of British and

French vessels.

5. The fishing-boats of either of the two countries which may be forced

by stress of weather to seek shelter in the ports or on the coast of

the other country shall not be subject to any duties or port charges of

any description whatever; provided the said boats when so driven in by

stress of weather shall not discharge or receive on board any cargo, or

portion of cargo, in the ports or on the parts of the coast where they

shall have sought shelter.

6. It is agreed that the provisions of the present convention between

the high contracting parties shall be reciprocally extended and in

force in all the possessions subject to their respective dominions in

Europe.

7. The present convention shall be in force for a term of ten years

from the 5th April of the present year; and further, until the end of

twelve months after either of the high contracting parties shall have

given notice to the other of its intention to terminate its operation;

each of the high contracting parties reserving to itself the right of

giving such notice to the other at the end of the said term of ten

years, and it is agreed between them that at the end of twelve months’

extension agreed on both sides this convention and all the stipulations

thereof shall cease and determine.

8. The present convention shall be ratified, and the ratifications

shall be exchanged in London within the space of one month, or sooner

if possible.

In witness whereof, the respective plenipotentiaries have signed the

same, and have affixed thereto the seals of their arms.

Done at London on 26th day of January, 1826.

GEORGE CANNING.

WILLIAM HUSKISSON.

LE PRINCE DE POLIGNAC.

_Additional Articles._

Article 1.—French vessels shall be allowed to sail from any port

whatever of the countries under the dominion of his most Christian

Majesty, to all the colonies of the United Kingdom (except those

possessed by the East India Company) and to import into the said

colonies all kinds of merchandise (being productions the growth or

manufacture of France) with the exception of such as are prohibited to

be imported into the said colonies, or are permitted to be imported

only from countries under the British dominion; and the said French

vessels, as well as the merchandise imported in the same, shall not be

subject in the colonies of the United Kingdom to other or higher duties

than those to which British vessels may be subject, or importing the

same merchandise from any foreign country, or which are imposed on the

merchandise itself.

2. French vessels shall be allowed to export from all the colonies of

the United Kingdom (except those of East India Company) all kinds of

merchandise which are not prohibited to be exported from such colonies

in vessels other than those of Great Britain; and the said vessels,

as well as the merchandise exported in the same, shall not be subject

to other or higher duties than those to which British vessels may be

subject on exporting the said merchandise, or which are imposed on the

merchandise itself, and they shall be entitled, to the same bounties,

drawbacks, and other allowances of the same nature to which British

vessels would be entitled on such exportation. These two additional

articles shall have the same force and validity as if they were

inserted word for word in the convention signed this day. They shall be

ratified, and the ratifications shall be exchanged at the same time.

In witness whereof, the respective plenipotentiaries have signed the

same, and have affixed thereto the seals of their arms.

Done at London, 26th January, 1826.

GEORGE CANNING.

LE PRINCE DE POLIGNAC.

WILLIAM HUSKISSON.

A Treasury letter, dated 28th March, 1826, directs that French vessels

and their cargoes legally imported or exported on board the same,

according to the terms of the convention in the preceding pages, are

from 5th April, 1826, to be charged with such and like duties only

of whatever kind they may be that are charged on British vessels and

similar cargoes laden on board thereof, and in like manner the same

bounties, drawbacks, and allowances are to be paid on articles exported

in French vessels that are paid, granted, or allowed on similar

articles exported in British vessels. And the necessary instructions

are to be transmitted to the officers in the colonies for carrying into

effect the stipulations contained in the two additional articles of the

said convention respecting French vessels and their cargoes from 1st

October, 1826.

APPENDIX No. 2.

Boston, United States,

21st September, 1860.

MY LORD,

Mr. Hammond was good enough to read to me a letter which Lord John

Russell had addressed to your Lordship on the subject of my visit to

the United States. As reports have been current since then that my

visit to this country was one of a semi-official character, I may

remark that I am here merely in search of a little recreation after the

labours of the session. But as I am intimate with many of the leading

Shipowners and merchants of this country, Lord John Russell was pleased

to furnish me with copies of the correspondence which had passed

between our own Government and that of the United States with regard to

various maritime questions (to which, as your Lordship may be aware, my

attention has for some years been directed), in the hope that I might

be able to aid your Lordship in their settlement.

These papers I have studied on the passage to this place. I see they

deal with questions of very considerable importance to both countries;

but there are also others which equally impede our commercial

intercourse, and all these various questions are well worthy of

consideration, and should be adjusted as soon as possible. They are:—

1st. The rules of the road at sea and collisions.

2nd. Signal lights.

3rd. Limitation of Shipowners’ liability.

4th. The Foreign Deserter’s Act.

5th. The punishment of offences committed on the high seas.

6th. The settlement of disputes between the masters of ships and their

crews in foreign ports; and the extension of the use of our shipping

offices to the vessels of the United States.

There are, besides these questions, others of a much more difficult

and delicate character, such as belligerent rights of sea, the

coasting trade of the United States, and the registration in America

of British-built ships, all of great political as well as commercial

importance, and therefore I fear my services in their solution can

be of little value. It is, however, my intention to enter into

conversation bearing upon all these questions with the leading

merchants and Shipowners to whom I am known; and with the Presidents

of the Chambers of Commerce of this and other places, including New

York, Philadelphia, Baltimore, Portland, and various seaports in the

New England States to whom I have letters of introduction. I shall at

least ascertain their views, and may thus be enabled to pave the way

to the settlement of some of those questions. And if I find that their

views can be brought into harmony with those entertained by our own

Government, I shall endeavour to prevail upon the different bodies to

memorialise their Government on the subject.

My first, and I fear imperfect, impressions in regard to the questions

I have named may be briefly stated as follows:—

1st. _The rules of the road at sea._—I think these rules should

be the same for the vessels of all nations. Different opinions prevail

in regard to our own rules; but, though they differ from the old

maritime law (acted upon by almost every other nation and at times

by ourselves), and are an improvement upon it, the decisions in our

Admiralty Courts are too often conflicting. Our rules, as a whole, are

perhaps, however, more satisfactory than those of any other. But be

that as it may, it would be most desirable if all nations would agree

to adopt one and the same rule of road at sea, and would tend greatly

to the safety of life and property.

2nd. _Signal lights._—Our recent regulations in regard to lights

have answered very well, and have been adopted by the owners of

steam-vessels belonging to the United States. The application of these

rules to sailing vessels is all that is now necessary, and is very

desirable.

3rd. _The limitation of shipowners’ liability._—This is a

question of great importance, and the laws in regard to it are in an

unsatisfactory state. May I refer your Lordship to the evidence taken

last session before the select committee on merchant shipping on this

subject, and to their report? From the correspondence I have read I

think the Government of the United States might be induced to adopt

the principles laid down in that report. If so, it might then (as the

laws of each country are similar) be mutually arranged by a convention,

or otherwise, to place our ships and those of the United States

respectively, on an equal footing with regard to claims raised in the

courts of either country in respect of any loss of life or personal

injury arising from collisions at sea, so as to limit such claims to

the same extent in each case, and also that the mode of procedure shall

be as provided by the laws of the country where the claim is made.

4th. _The application of our Foreign Deserter’s Act to the ships of

the United States._—As your Lordship is aware, the United States

Government has positively declined to become a party to this Act,

because it contains the words “not being slaves,” which were inserted,

I believe, after the Bill was introduced. Now it appears to me that

there is no necessity for these words. The Act is meant to deal solely

with voluntary agents, who, having of their own free will entered into

an agreement, break it at foreign ports. I think the case would be met

if instead of the words “not being slaves” there were substituted the

following words—“seamen who have voluntarily engaged themselves in, or

apprentices duly indentured to, the sea service.” I question if there

are any cases on record where slaves have been shipped as seamen to

English ports.

5th. _Offences committed on the high seas._—Your Lordship cannot

fail to be aware of the unsatisfactory state of the law in regard to

these offences. Why, _on the representation of the ministers or

consuls_, should the courts of England and of the United States not

have jurisdiction over offences committed on board of vessels of the

respective countries? I ask this question because I can at present see

no objection to the principle I have ventured to lay down, though the

mode of putting it into practice would require some consideration, and

could best be dealt with by the legal authorities of the two countries.

The same may be said with regard to the settlement of disputes between

masters and crews in the ports of either country.

6th. _The extension of our shipping offices to the vessels of the

United States._—If the Government of the United States would

not agree to establish similar offices and a machinery somewhat in

accordance with our own (I see no reason why such offices which have

answered so well in England should not be adopted), then we might

stipulate that all British seamen entering the service of American

Shipowners in the ports of Great Britain should be engaged before

our shipping masters, and we might grant to American shipowners the

privilege of engaging _all_ the seamen their vessels required

(when in any of the ports of Great Britain), through the medium of our

offices, on the same conditions as our own shipowners now engage their

seamen. This would pave the way to an international arrangement, and

tend to abolish the system of crimpage which still prevails to a great

extent in our ports, and is alike injurious to the interests of British

and American shipowners.

Though belligerent rights, the coasting trade, and the admission of

British-_built_ ships to American registration are difficult

questions for me to deal with, involving as they do the policy of the

respective nations bearing upon other interests than those of commerce,

I may remark that it is easy of proof in regard to the two latter that

the policy of the United States, while it is unjust towards England,

is injurious to the people of America, and contrary to the principles

laid down by their own most eminent statesmen in their intercourse with

other countries. Nevertheless, I fear the Government of the United

States will not be disposed to make concessions unless we are prepared

to make a _bargain_ with them. With that object in view, I think

if we agreed to relieve the shipowners of the United States from the

charge of light dues on our coast (which have been the source of great

complaint), and also from compulsory pilotage as recommended in the

merchant shipping report; provided they opened to us the trade between

their eastern and western ports, _viâ_ Panama and round Cape Horn,

if not prepared to throw open entirely their coasting trade, some

progress might be made. The Government of the United States might also

be induced to make some concession with regard to the registration of

British-built ships, for through the want of _iron screw_ vessels

(which cannot be produced at as moderate a price in the States) they

are fast losing the most valuable portion of the trade between England

and this country. And their coasting trade (especially that on the

inland lakes) is not developed to one-half the extent it would be

if the Shipowners of America were allowed to own the description of

vessels I have named. They are also losing the share they once had of

the Newfoundland fisheries from the fact that we can produce in the

colonies vessels adapted for that trade at 25 per cent. less cost than

they can build and equip similar vessels.

I daresay your Lordship can form little idea of the hindrance to

commerce and the constant irritation the questions I have named create

on both sides of the Atlantic; and I hope by holding intercourse

with the people of this country to pave the way, as I have said, for

the settlement of at least _some of them_. With that object I

shall take notes of the opinions entertained by the members of the

different Chambers of Commerce and Boards of Trade throughout this

country, and also the views of those members of the government whom

I may meet, and which I shall forward to your Lordship, and if you

think any satisfactory results are likely to follow, you may then deem

it desirable to communicate with Lord John Russell, with a view of

entering into formal negotiations with the Government of the United

States. I have for many years anxiously desired to see settled these

various questions, considering their settlement of great importance to

both countries; and if I can, in the way I propose, aid your Lordship

in this good work, my long promised visit to this country, though made

with no such object, will not be made in vain.

I am, my Lord,

Your faithful and obedient servant,

(Signed) W. S. LINDSAY.

To His Excellency LORD LYONS,

H. B. Majesty’s Minister,

&c. &c. &c.,

Washington.

APPENDIX No. 3.

Foreign Office, 21st September, 1866.

SIR,

I am directed by Lord Stanley to acknowledge the receipt of your

letter of the 31st ultimo, in which you call his Lordship’s attention

to the state of relations existing between this country and the

United States with regard to the Navigation Laws; and in expressing

to you Lord Stanley’s thanks for this further communication, I am to

inform you that the same has been referred to the Board of Trade,

whose observations thereupon will be communicated to you as soon as

their answer shall have been received; and the delay in receiving

their report is the reason for your letter not having been sooner

acknowledged.

I am, Sir, your most obedient humble servant,

E. C. EGERTON.

To W. S. LINDSAY, Esq.,

Manor House, Shepperton.

Foreign Office, 26th September, 1866.

SIR,

With reference to my letter of the 21st instant, I am directed by

Lord Stanley to state to you that his Lordship is fully alive to the

importance of the points on which you have urged that a satisfactory

understanding is desirable with the United States, but that since the

date of your letter to Lord Lyons of the 21st of September, 1860, the

first two of the seven questions enumerated in it have been settled by

the adoption of one uniform system of rules of the road, and of lights

to be carried at sea by maritime nations generally, including the

United States.

As regards the third question, viz., the limitation of shipowners’

liability, the Lords of Trade have pointed out to Lord Stanley that

the law of this country has undergone some modification since 1860.

By the Merchant Shipping Acts Amendment Act, 1862, the limit of such

liability was readjusted, and the limitation was extended to foreign

ships in cases arising in British courts concerning matters within

their jurisdiction.

Inasmuch, however, as this extension was not made specially for the

benefit of foreigners, but with the view of establishing a just

and uniform rule of law, no steps were taken to secure reciprocal

legislation in foreign countries.

If the law at present in force in the United States is liable to the

same objection as the law formerly in force in this country, and is

found to be attended with the inconveniences which were experienced

here, it may be presumed that the United States Government will

probably find it for their interest to amend it in a similar sense and

on similar grounds; but Lord Stanley sees no reason at present for

opening special communications with that Government on the subject.

With respect to the remaining four questions alluded to in your

letter, I am to state to you that the matters to which they relate are

under consideration.

I am, Sir, your most obedient, humble servant,

E. C. EGERTON.

To W. S. LINDSAY, Esq.,

Manor House, Shepperton.

Manor House, Shepperton, Middlesex,

29th September, 1866.

MY LORD,

I have to acknowledge receipt of your letters of 21st and 26th inst.,

and I am glad to learn that two of the questions to which I ventured to

direct your Lordship’s attention have, since 1860, been settled in a

satisfactory manner.

As regards the third, viz., the limitation of shipowners’ liability,

may I trouble you with an extract herewith[314] from the ‘New York

Herald’ of 10th October, 1860, as the question is therein, I think,

correctly stated. Since then I am aware that there has been an

amendment in our law relating to the liability of Shipowners; but it

would appear from the communication you have received from the Lords

of Trade that while we have extended the limitation to foreign ships

in cases arising in British courts, we have overlooked altogether the

still more important part of the question so far as this country is

concerned, and that is the unlimited liability of British shipowners in

cases arising in foreign courts. If such is the fact, then we, I fear,

have neglected a favourable opportunity of inviting foreign nations

to place our ships in their courts on the same terms as we had placed

their ships when thrown into our courts. Had we done so, I think the

Government of the United States would have readily met us in so just

and reasonable a request.

Considering, then, the position in which British shipowners would be

placed if an action was raised against them in foreign courts for the

recovery of claims arising through a collision at sea, your Lordship

will perceive that this is not a question in which foreigners alone are

interested, for we have given them all they asked in our courts, but

one which deeply affects the interests of British subjects, and which,

now more than ever, requires adjustment by special communication with

the United States and those other countries where the responsibility of

British shipowners is still unlimited. Since we have conceded all they

require, it may be found more difficult now to obtain the necessary

alterations in their law than it would have been at the time to which

my previous communications referred; but I daresay that when the

justice of our claim is represented, steps will still be taken to grant

in their courts the same limitation of responsibility to our Shipowners

as we have granted to their Shipowners in our courts.

I am gratified, to learn that the other questions are under

consideration, and

I remain, my Lord,

Your most obedient humble servant,

W. S. LINDSAY.

To the Right Hon. Lord STANLEY, M.P.,

Secretary of State for Foreign Affairs,

&c. &c. &c.

Foreign Office, 3rd October, 1866.

SIR,

I am directed, by Lord Stanley, to acknowledge the receipt of your

letter and its inclosure of the 29th ultimo, respecting the liability

of British shipowners in suits arising in foreign courts out of

collisions at sea; and I am to acquaint you in reply, that Lord Stanley

will not fail to give this question due consideration, and will

communicate with you further on the subject after he has consulted the

Lords of the Committee of Privy Council for Trade.

I am, Sir, your most obedient humble servant,

E. C. EGERTON.

To W. S. LINDSAY, Esq.

Foreign Office, 14th November, 1866.

SIR,

With reference to your letter of the 29th September last regarding

the laws of the United States and of other foreign countries, with

regard to the liability of British shipowners in cases of loss by

collisions at sea, I am directed by Lord Stanley to inform you that

his Lordship learns from the Lords of Trade that, by the common law of

this country, and by the maritime law, as administered in our Admiralty

Courts, the Shipowner was formerly personally liable to the whole

extent of his fortune for any damage done by his ships through default

of his servants. The legislature, however, long since passed statutes

limiting the liability, and the limitation, with some variations, still

continues.

It was, however, held that the statutes being municipal laws, did

not affect cases where foreign ships were concerned, and where the

collision or casualty happened on the high seas, but that such cases

must be governed by the general maritime law of the world, which was

assumed to be the same with our common law. This was, perhaps, too

hastily assumed, inasmuch as most maritime countries adopted the

principle of limiting the Shipowners’ liability much earlier, and to a

greater extent than Great Britain.

The consequence was, that if a collision happened between two British

ships, the British law of liability applied, and whichever might be in

fault, the liability was limited. On the other hand, if a collision

happened between a British and a foreign ship on the high seas, or

between two foreign ships on the high seas, and the case came into our

courts, then whichever was in fault, the liability was unlimited.

This law was unequal, but in no way specially injurious to the

foreigner. The British ship, if in fault, was equally liable with the

foreigner; and as the British ship is generally to be found at home,

and as the British shipowner resides here, the British shipowner being

thus more likely to be the defendant, was likely the more often to

suffer.

The law was consequently altered by making the limitation of liability

apply in all cases coming into our courts, whether the ships were both

British or both foreign, or one British and one foreign.

And as the change was simply an improvement of our own law, and

conferred no especial advantage upon foreigners, it was not thought

necessary or desirable to delay it for the purpose of obtaining similar

changes when desirable in the laws of foreign nations.

I am, Sir, your most obedient humble servant,

JAMES MURRAY.

To W. S. LINDSAY, Esq.

Manor House, Shepperton, Middlesex,

28th November, 1866.

MY LORD,

I received in due course your Lordship’s letter of the 14th inst.,

which does not, however, appear to me to touch the main point of my

previous communication, viz., the unlimited liability to which our

Shipowners would still be subjected in cases of collision arising in

various foreign courts. For instance, if one of our Transatlantic steam

ships engaged in the conveyance of our mails came into collision—a very

possible event—with one of the numerous steam vessels owned in the

United States, freighted with passengers, cargo, and specie, of great

value, the consequences, under the existing law of that country, might

prove not only most disastrous to the owners of the British ship, but

also very detrimental to the public service.

As I understand the law of the United States, the owners of our mail

steamer, if at fault, would be responsible to the full extent of

their means for all the loss the owners of the American steamer had

sustained; if so, the result would be the seizure of the British

steamer whenever she reached an American port; and, possibly, if the

loss sustained was very great, the seizure of all the vessels in port

belonging to the same owner, and thus our mail service for the time

might be suspended.

It is to this grave contingency I am anxious to direct your Lordship’s

attention, in the hope that you may see the urgent necessity of taking

such steps as you may deem most expedient to induce the Government of

the United States to place our vessels in their courts on the same

footing in regard to the limitation of liability as we now place the

owners of their vessels in our courts.

I am, my Lord, your most obedient humble servant,

W. S. LINDSAY.

To the Right Hon. the Lord STANLEY, M.P.,

Secretary of State for Foreign Affairs,

&c. &c. &c.

Board of Trade, Whitehall,

25th February, 1867.

SIR,

With reference to your letter of the 29th September, 1866, addressed

to the Secretary of State for Foreign Affairs, and to previous

correspondence upon the subject of the law of the United States as

affecting the liability of the Shipowner in cases of loss by collision

at sea, I am now directed by the Board of Trade to transmit to you the

accompanying copy of a despatch and inclosures received through the

Foreign Office from her Majesty’s Minister at Washington upon this

subject.

I have the honour to be, Sir,

Your obedient servant,

THOMAS GRAY.

To W. S. LINDSAY, Esq.,

Manor House, Shepperton.

(Copy.—M. 1268.)

Washington, 23rd January, 1867.

MY LORD,

In reply to your Lordship’s despatch, marked “Commercial No. 7,” of

the 14th November last, on the liability imposed by the laws of the

United States on Shipowners in cases of collision, I have the honour to

enclose copy of an opinion of Mr. Carlisle, the legal adviser of this

Legation.

Your Lordships will gather from it that the principle of limited

liability has been adopted by the laws of the United States, and is

applied in the Federal courts. But the injured party may apply to a

State court if the defendant is within its jurisdiction, and bring

an action on the case, and it is doubtful whether such a court would

limit the measure of damages by the principles contained in the Act of

Congress.

I have, &c.,

(Signed) F. W. A. BRUCE.

To Lord STANLEY,

&c. &c.

(Copy.)

Washington, 22nd January, 1867.

SIR,

I have the honour to return herewith the papers in relation to the

question of the liability of Shipowners in cases of collision.

The only Act of Congress touching the subject is that of March 3rd,

1851, which in its third section limits the liability in such cases. A

copy of this section is enclosed herewith. This language is explicit

and comprehensive, making no distinction on account of the nationality

of the ship; nor have I been able to find that such a distinction has

been suggested in any adjudicated case under this statute.

For my own part I entertain no doubt that the limitation of liability

which it prescribes would be held in all _courts of the United

States_ as applying equally to foreign as to American ships.

The Courts of Admiralty are, by the constitution of the United States,

exclusively of the Federal Government. If therefore the remedy in cases

of collision were exclusively in Admiralty Courts, the Act of 1851

would completely cover the question.

But there is a remedy at common law, which is open to the injured party

at his election. He may maintain his action on the case, which is a

transitory action, wherever he can find the owner of the offending

vessel, in the same manner and to be determined by the same principles

as if the plaintiff’s coach or his person had been injured by a

collision occasioned by the unskilful driving of the defendant’s coach.

Such an action may be brought in any court of general jurisdiction in

any of the States of the Union; and it may be doubted whether this Act

of Congress would be available to limit the measure of damages in these

courts, though undoubtedly a convention between Great Britain and the

United States, with a proper Act of Congress to carry it into effect,

would accomplish the object.

I have, &c.,

(Signed) J. M. CARLISLE.

To Sir F. BRUCE, S.S.B.,

&c. &c. &c.

(Copy.)

_An Act to limit the Liability of Shipowners and for other

purposes._

(Approved March 3, 1851.)

SECTION 3.—_And be it further enacted_, That the liability of the

owner or owners of any ship or vessel for any embezzlement, loss, or

distinction by the master, officers, mariners, passengers, or any

other person or persons of any property, goods, or merchandise shipped

or put on board of such ship or vessel, or for any loss, damage, or

injury by collision, or for any act, matter, or thing, loss, damage,

or forfeiture, done, occasioned, or incurred without the privity or

knowledge of such owner or owners, shall in no case exceed the amount

or value of the interest of such owner or owners respectively in such

ship or vessel, and her freight then pending.

IX. Statutes at Large, ch. xliii., page 635.

(M. 1266.)

Manor House, Shepperton, Middlesex,

26th February, 1867.

SIR,

I have to acknowledge receipt of your letter of yesterday’s date, with

copy of a despatch and inclosures, received through the Foreign Office

from her Majesty’s Minister at Washington. By these documents it would

appear that the laws of the United States of America, so far as regards

the responsibility of British Shipowners in their courts, are the same

as they were in 1860, and that, practically, our responsibility is

there still unlimited. This is a very unsatisfactory state of things,

and, as I have already explained to the Secretary of State for Foreign

Affairs, might produce the most disastrous results to some of our

Shipowners in their intercourse with the United States. I, therefore,

trust that the Board of Trade may be induced to use its best efforts to

obtain as soon as possible a convention, whereby our ships frequenting

the ports of the United States may, so far as regards responsibility,

be placed upon the same footing as we have now placed in all our courts

the vessels belonging to that country.

I am, Sir, your obedient servant,

W. S. LINDSAY.

To the ASSISTANT SECRETARY,

Marine Department, Board of Trade.

(M. 1766.)

Board of Trade, Whitehall,

6th March, 1867.

SIR,

I am directed by the Board of Trade to acknowledge the receipt of your

letter of the 26th ultimo, stating, with reference to the question of

the liability of British Shipowners in the United States, that that

liability appears to be practically unlimited, and trusting that this

Board may take steps to obtain complete reciprocity.

In reply, I am to point out to you that the principle of limited

liability has been adopted in the Federal Courts, and is applied in all

the Federal Courts of the United States—_i.e._ in all Admiralty

and Vice Admiralty Courts, to foreign as well as American ships.

It seems true, however, that an injured person may possibly maintain

an action against the owner of an offending vessel in a State Court,

and it must depend on the law of each State in that case, whether the

measure of damages would be limited. But not to mention the difficulty

of first ascertaining, and procuring the alteration of the law of each

State, it is to be observed that to maintain such action the owner of

the offending vessel must be found within the jurisdiction of the State

Court. This, in fact, amounts to a practical limitation, seeing that he

has all the advantages of limited liability so long as he keeps away

from the United States, or is not to be found within the jurisdiction

of the court in question.

I am, Sir, your obedient servant,

THOMAS GRAY.

To W. S. LINDSAY, Esq.,

Manor House, Shepperton, Middlesex.

(M. 1766.)

Shepperton, Middlesex, 14th March, 1867.

SIR,

I have to acknowledge receipt of your letter of the 6th inst., but

it is very little satisfaction to know that the principle of limited

liability is applied in all the Federal Courts of the United States

to British Shipowners, whilst in all the State Courts of that country

their responsibility is altogether unlimited. To say that they have the

advantages of limited liability, so long as they keep away from the

ports of that country, is to suggest that if we wish to avoid unlimited

responsibility, we must renounce our carrying-trade with America.

The Board of Trade would also appear to be under the impression that

there is so little chance of any serious claim ever being made, that

the alteration of the law of the States is of little consequence to us,

and that it is not worthy of the trouble it would involve; but a case

in point has just come under my notice which signally illustrates the

force of the remonstrative observations I have ventured to make.

The screw steam-ship _Keder_, belonging to Messrs. G. and I.

Burns, of Glasgow, and their partners, sailed from New York 31st

August, 1864, and on the following day came into collision with the

_Czarina_, an American barque, of from 500 to 600 tons, which had

on board a cargo of sulphur, shumac, and fruit. The _Czarina_

was abandoned in a sinking state. As the evidence shows that the

_Keder_ was not to blame, the owners of that vessel hoped that

nothing more would be heard of the matter; but only a few days ago they

received a letter from Sir Edward Cunard, their correspondent at New

York, stating that he had just been called upon to give bond for one

hundred and twenty-five thousand dollars, on account of the cargo of

the _Czarina_, and adding that he had also been called upon to

give bond for the vessel, though the amount in the latter case is not

mentioned. It is estimated that the value put on the _Czarina_

and cargo will be something like 40,000_l._ Supposing the

_Keder_ to be in fault, her liability, according to British law,

would be restricted to 8_l._ per ton of her own gross tonnage,

viz. 14,264_l._, whereas, according to the law of the State of New

York, she may be held liable in this case for 40,000_l._, being

more than double her value; and if the _Czarina_ and cargo had

been more valuable than they are stated to be, the liability of the

owner of the _Keder_ would of course have been correspondingly

increased. In a word, _it would have been practically without

limit_.

I am aware that there may be some difficulty in obtaining an alteration

of the law, but this ought not to be any obstacle when the interests

at stake are so very large and of so grave a character. If the proper

representation is made, I think the Government of the United States

cannot now hesitate to place our vessels in _all_ their courts

on the same terms as we have recently placed their vessels in all our

courts, and if the executive is prepared to enter into a convention,

having that object in view, it will no doubt be confirmed by Congress.

I am, Sir, your obedient servant,

W. S. LINDSAY.

To the ASSISTANT SECRETARY,

Marine Department, Board of Trade.

_Note._—This correspondence was not at all satisfactory

to me, but as I was then in a very precarious state of health,

I sent copies of it to Mr. John Burns, whose firm (the Cunard

Company) was more deeply interested in the matter to which it

refers than any other. He followed it up with his usual energy and

ability, and through his exertions the responsibility of British

Shipowners has now been limited in the _States_, as well as

in the Federal Courts of the United States of America, to the same

extent as the Shipowners of that country would be held liable in

an action, through loss at sea by collision or otherwise, brought

against them in this country. See Parliamentary Papers, ‘British

Ships in American Waters,’ No. 236, 17th May, 1871; and ‘United

States Liability of Shipowners’ Collision,’ No. 173, 18th May,

1874.

W. S. L.

APPENDIX No. 4.

(Copy.)

(Inclosure in No. 53.)

MR. LINDSAY to HIS MAJESTY THE EMPEROR OF THE

FRENCH.

Paris, 10th January, 1861.

SIRE,

In accordance with your Majesty’s desire, expressed at the interview

with which you honoured me this morning, I may here recapitulate the

facts which I then brought under your notice.

In the early part of last session of Parliament I brought under the

consideration of the House of Commons the following resolution:—

“That an humble address be presented to her Majesty praying that she

may be graciously pleased to enter into negotiations with the Emperor

of the French with the view of making a treaty for the reciprocal

abrogation of all discriminating duties levied upon the vessels and

their cargoes of either of the two nations in the ports of the other,

and for procuring such alterations in the Navigation Laws of France as

may tend to facilitate the commercial intercourse and strengthen the

friendly relations between England and France.”

That resolution received the unanimous approval of both Houses of

Parliament, and was submitted for your Majesty’s consideration through

his Excellency Earl Cowley in the usual form. And, now I have to thank

your Majesty very cordially for granting me an audience together with

his Lordship, so that I might explain more fully the object of that

resolution in its relation to the maritime commerce of France. Sire,

the Navigation Laws of France may be divided into five distinct heads:—

1st. The coasting trade, which is confined entirely to French ships,

all other vessels entering it being, I believe, liable with their

cargoes to confiscation, with the exception of Spanish vessels employed

on a particular branch of that trade.

2ndly. The colonial trade, that is, the trade between the colonies and

possessions of France and the mother country, which is also confined

entirely to the ships of France.

3rdly. The foreign trade, as, for instance, the trade between France

and America, or between France and the Brazils, and other foreign

countries, which is confined to the ships of France and those of the

respective nations with which France has entered into treaties of

reciprocity.

4thly. The direct trade with England, which comprises commerce carried

on between the ports of Great Britain and the ports of France. This

trade is confined to the vessels of England, and France, and the ships

of the respective countries are, with some slight exception, placed on

the same footing in the ports of either country.

5thly. The direct trade between France and the colonies and possessions

of Great Britain, which, practically, is confined to the ships of

France, as the differential duties, to which I shall hereafter refer,

on nearly every article of produce are so high as against English ships

that they are prevented from entering the trade.

Now, it is a remarkable fact that in those branches of trade where

French shipping is placed in competition with the shipping of other

nations, it is making more progress than in those branches of trade

where it is protected, at an enormous cost to the people of France.

Indeed, the French shipping employed in those carefully protected

branches of commerce has, as appears by the returns, in some instances

actually declined. But this state of things is not confined merely to

the shipping of France. It has been so throughout all time and with

all nations. I shall endeavour to illustrate this to your Majesty by

reference to the official returns of the progress of shipping belonging

to my own country. Going as far back as 1720, I find that there cleared

outwards from the ports of Great Britain, 430,000 tons of British

shipping.

In 1810 the clearances amounted to 1,600,000 tons.

Ten years afterwards, in 1820, they had only increased to 1,670,000

tons, but in 1850 they had reached 4,700,000 tons.

That increase, however great, is nevertheless small when compared with

the increase which took place after Great Britain, in 1850, swept away

the last remnants of her Navigation Laws, and threw open her ports

unreservedly to the ships of the world. In 1858, the clearances of

British ships outwards employed in the over-sea trade, to which these

returns alone have reference, reached 6,400,000 tons.

Thus it appears that in ninety years of the closest protection, when

we guarded our ships with the most unusual care, and protected them

in every branch of our trade to the detriment of our revenue, and

by increased taxation upon the people, our shipping increased only

1,170,000 tons; whereas, in thirty years of partial free-trade,

during which we entered into treaties of reciprocity with almost

every nation, our shipping increased 3,000,000 tons, and in eight

years of perfect free trade, that is, from 1850, when our Navigation

Laws were entirely repealed, our shipping increased 1,740,000 tons,

or, in round numbers, 600,000 tons more than it increased in ninety

years of the closest protection. But it may be well to compare the

relative progress of French and British shipping. By comparing the

tonnage owned by the respective countries in 1838 and 1858, your

Majesty will find that in the last twenty years France has increased

her sailing vessels by 370,000 tons, and her steam ships by 50,000

tons. But England, during the same period, has increased her sailing

vessels by no less than 2,800,000 tons, and her steam ships by 400,000

tons. Thus the Shipowners of England, who are left to depend upon

their own energies and their own resources, are moving onwards at a

rate eight times greater than that of the Shipowners of France, who,

by means of protection, are taught to depend upon the State instead

of upon themselves and upon the vast natural resources which their

country affords. It is a mistake to suppose, as many persons do, that

France has not facilities for carrying on a great maritime commerce.

Her seaboard is almost as great as our own; she has no less than 150

leagues of coast in the Channel, 130 leagues on the Atlantic, and

90 leagues of coast on the Mediterranean. Along her seaboard there

are many fine harbours, some of them easy of access, and at points

convenient to the great markets of the world. I need hardly mention

the position of Havre as affording great facilities for carrying on a

large commerce with the United States and the continent of America,

generally, nor that of Marseilles, in its contiguity with India, and

the vast commerce of the East. But allow me to direct your Majesty’s

attention to a remarkable contrast which may be drawn between two great

branches of the trade of your own dominions. While your shipping is

comparatively at a standstill, your special commerce is increasing

with considerable rapidity, for I find that in ten years, from 1827 to

1836, the increase was 10,000,000 francs; from 1837 to 1846, 15,000,000

francs, but from 1847 to 1856 the increase was 22,000,000 francs in

that particular branch of commerce, which is confined entirely to

the produce and manufactures of France. To carry on this important

and steadily increasing trade your Majesty is obliged to depend very

materially upon the shipping of other countries, for I find that in

1858, while the total entries at French ports amounted to 4,162,000

tons, no less than 2,550,000 tons consisted of foreign shipping.

It is hardly possible to conceive the amount of money which the people

of France are annually paying in, as it appears, a vain attempt, to

encourage its shipping: I use the word “vain” because it is clear, if

the experience of other nations, or the experience of your own nation

is of any value, that all the money paid to “encourage shipping” is

actually lost, for French ships, with all this protection, do not

increase at the same rate as other nations, or at the same rates in the

branches of your own trade, where they are guarded with unusual care,

as they do in those branches where they are thrown into competition

with the shipping of other countries. It would be impossible to

ascertain the loss the people of France annually sustain, directly

and indirectly, through the operation of its Navigation Laws. I have,

however, analysed it in one small branch of trade. In 1858, there

cleared from the Island of Mauritius, 180,000 tons of shipping.

The trade which that island carries on with France is, through the

operation of the differential duties, confined to the vessels of

France. In a word, they have a monopoly of it. Analysing the commercial

circulars issued at that island, I find that the excess of freight paid

at the Mauritius to French ships for “a market,” or for the ports of

France, amounted in that year to 300,000_l._ more than the people

of England paid for a similar quantity of sugar imported from the

Mauritius.

I have mentioned to your Majesty the differential duties still

in force, but which in practice are unproductive to the revenue,

because, as you will see by the following scale, they are so great

that merchants are prohibited from shipping in any other than French

bottoms. For instance, sugar pays a duty of 68_s._ per 100

kilogrammes if imported in French vessels, but 84_s._ if in

English, from any of our colonies and possessions. Coffee in French

ships is charged 48_s._ per 100 kilogrammes, and 84_s._ if in

English vessels. Tobacco, if imported in French ships, pays 4_s._

per kilogramme, but double that duty if imported in English vessels.

Other articles, the produce of our Eastern possessions, are taxed in

somewhat similar proportions, so that your Majesty will see that your

merchants and manufacturers are thus practically prohibited from using

any other than French vessels to convey whatever produce they may

require from the colonies and possessions of Great Britain.

Your Majesty has just concluded a Treaty of Commerce with England,

which I feel certain will benefit alike the people of Great Britain and

of France, and no doubt develop the trade of the respective countries

to a far greater extent than many persons suppose; above all, it cannot

fail to strengthen the friendly relations now happily existing between

the Governments of the two countries, and which I most sincerely trust

may long continue. That treaty will, however, be seriously clogged in

its operations, unless there is a change in the Navigation Laws of

France. I shall endeavour to show how.

The produce and manufactures of France will not, in all cases, be paid

for either in coin or by the produce and manufactures of Great Britain,

but in many instances by the produce of India, Australia, and Canada.

Yet, by the French Navigation Laws, that produce which your own people

require, cannot be imported into France in the ships belonging to those

parties who buy the produce and the manufactures of France. No nation,

as your Majesty is well aware, can produce all that is necessary to

employ, to feed, and to clothe her own people. All nations must, to a

greater or less extent, depend upon other countries for those necessary

articles of existence. France, to keep her people employed, must have

the wools of Australia and the timber of Canada, as well as various

descriptions of raw materials which India alone affords, or produces

in greater abundance and at lower prices, than other countries.

Nevertheless, the Navigation Laws of France prevent those articles

which are required for the very existence of the people of France from

being imported in the ships of the country whose possessions produce

them. India, as your Majesty is aware, has, within the last two years,

become virtually, since the abolition of the charter of the East India

Company, an integral part of the British Empire: therefore I trust

your Majesty will see the justice as well as the policy of at least

placing the shipping of England and France engaged in that trade on

the same footing as they have been for many years in the trade between

those two countries. Such a change would entail no loss of revenue,

nor would it, I conceive, require more than your Majesty’s decree to

effect. This change, in my humble judgment, is indeed necessary on even

more urgent grounds than the development of the Commercial Treaty which

has recently been concluded. The shipping of the world has just passed

through an ordeal of great depression. The losses which Shipowners

of all countries have sustained during the last four years have been

so great, that capital has, to a considerable extent, ceased to flow

in that direction, so much so that, by returns now before me, I find

that the tonnage built during the year 1860 in the United States, in

Canada, in New Brunswick, in Norway, in England, and in other great

producing countries, falls far short of what it was either in 1859, or

in any one of the previous years of depression. But, on the other hand,

the general commerce of the world has, during that period, increased

enormously. For instance, by our Board of Trade returns, the imports of

cotton into Great Britain, which amounted to about 8,000,000 cwt. in

the eleven months ending November 30, 1859, exceeded 10,000,000 cwt. in

the eleven months ending November 30, 1860.

I need not call your Majesty’s attention to the vast increase in the

imports of grain, or to the remarkable increase in the exports of

manufactures, or to the greatly extended consumption of coal at remote

stations. In a word, while the bulky articles which require ships

for their conveyance to distant parts of the world have enormously

increased, the shipping of the world has been comparatively stationary

during the past year, and the many losses and disasters at sea during

1860 have tended materially to diminish the already scanty supply of

shipping necessary to conduct the oversea trade of the world. All this

will, without doubt, right itself in time, but it will take one year,

if not two years, to do so. In the mean time, it might so happen that

the artisans of France may be thrown out of employment for the want of

French ships to bring them those raw materials necessary to keep them

employed; or, what will amount to nearly the same, the increased cost

to the manufacturer of the raw material, through the laws of France

compelling him to bring it in her ships, might be so great that he

would be unable to compete in price with his rivals in other countries,

and, consequently, be obliged to close his mills or his workshops, as

the case might be, for want of remunerative employment.

Might I, therefore, venture to impress upon your Majesty the

desirability, I may even say the necessity, of at least placing the

carrying-trade between France and the possessions of Great Britain on

the same footing as it now exists between the mother countries. Your

people would be immense gainers by this change, and your Shipowners

would not suffer, for, independent altogether of the facts which I have

stated in regard to the advantages which they, as carriers, derive

above all others from the policy of Free-trade, there will be for the

next twelve months at least ample employment for the shipping of all

nations. I cannot close this, I fear too lengthy a letter, without

calling to your Majesty’s attention a remarkable instance of the injury

which even the Shipowners of that great maritime country, the United

States, sustain by protection. While in 1856, 1857, and 1858, the

tonnage owned in England increased 335,000 tons, the tonnage of America

in those same years actually decreased 67,000 tons.

In a recent visit which I made to that country, I did not fail, in

the many opportunities afforded me, to impress upon its Shipowners

that they were more interested in the removal of all barriers to free

intercourse than any other class of the community; for, as those

barriers which they still maintain along their coast retard their

commerce, and consequently limit the exchange of the different articles

produced in the various districts, the employment of their vessels must

necessarily be more curtailed than it would otherwise be if greater

facilities were afforded for the transmission of those articles which

one district produces in greater abundance than another.

To those maritime questions I have long devoted my attention, and I

have often been struck at the circuitous course which ships, by the

laws which nations adopted, have been obliged to follow. The ocean was

meant to be free to mankind, but one nation by its laws dictates the

course which the ships of other nations must follow; another nation,

by way of retaliation, lays down the only course which it will allow

its competitors to adopt. Thus we see ships, for instance, allowed to

follow one track with cargo, but compelled to return by the same track,

in ballast. We see the wool which your own people require, instead

of being imported, as it ought to be, direct from Australia to the

ports of France, sent, by the Navigation Laws of France, to the ports

of England, and from thence imported at greatly enhanced prices to

the consumers. It is the same with the produce of India. Those lines

of steamers belonging to England, which run weekly from Calcutta and

Bombay, and all the great ports of the East to Great Britain, passing

Marseilles and the other seaports of France, are not allowed to land,

for the use of its people, the very articles of which they may be in

urgent want. All experience has proved that while those restrictions do

great injury to the commerce of all nations, they inflict the largest

amount of injury upon the people of the nation that imposes them.

The feeble efforts of so humble an individual as myself, may be of

little avail in the removal of those pernicious restrictions, but I

will never cease those efforts till the ocean, which was meant for the

use of mankind in general, is as free as the waves which roll over

it, and the gale which hurries them along. And if your Majesty would

grant me your powerful aid by making one step in the direction I have

so imperfectly ventured to point out, I feel that other nations will

follow the example of a Sovereign so enlightened and so exalted, and

thus I may live to see the object I have so anxiously in view crowned

with success.

I have, &c.,

(Signed) W. S. LINDSAY.

APPENDIX No. 5.

(Translation.)

Inclosure 1 in No. 73.

M. Fleury to Mr. Lindsay, M.P.

Londres, 17th June, 1862.

SIR,

The ‘Moniteur’ of the 2nd of May last published a report submitted to

the Emperor by the Minister of Agriculture, Commerce, and Public Works,

relative to the state of the French mercantile marine and the law by

which it is governed.

In conformity with the suggestion of this report, which has been

approved by his Majesty, the _Conseil Supérieur_ of Commerce is

instructed to prosecute an inquiry for the purpose of furnishing the

Imperial Government with the data which it needs in order to enable

it to judge between the diversity of opinion which has arisen on this

grave question.

In the inquiry, as in that which has been presented on the reform of

our Customs legislation, it will be advantageous that the principal

maritime places in Foreign States should be represented, and the

statements of their representatives heard side by side with those of

French merchants and Shipowners. This is why the Minister of Foreign

Affairs invites me to inform those principally interested here that

the _Conseil Supérieur_ will begin its sittings about the 10th of next

month.

M. Thouvenel adds that in case, as he hopes, the merchants of London,

appreciating the importance of the questions to be raised in this

inquiry, will express their intention to respond to the invitation

of the French Ministry, I should communicate their names to him,

so that he may invite them to present themselves at the Ministry

of Agriculture, Commerce, and Public Works, Department of Foreign

Commerce, Rue de Tarennes 78b. M. Rouher will take the necessary

measures that they may be summoned before the Upper Council with all

due promptitude.

I think, Sir, I cannot do better than communicate this invitation

to you, requesting you to inform me whether it will be agreeable to

you to accede to it yourself. I shall, moreover, be much obliged by

your communicating with the merchants or Shipowners in the City, and

forwarding to me the names of such as may wish to take advantage of

it. I shall take care to let you know later the precise date when the

sittings of the Council will open.

Believe me and the _Conseil Général_,

FLEURY.

(Copy.)

Inclosure 2 in No. 73.

Mr. Lindsay, M.P., to M. Fleury.

8, Austin Friars, London, 23rd June, 1862.

SIR,

I have read with no ordinary interest the letter you did me the

honour to address me on the 17th instant, and I shall be happy

to forward the object your Government has in view by every means

in my power. So far as I am concerned, you have merely to name

the time when my presence is again required in Paris. In regard

to other witnesses, the publication of your letter to me would

enable you to obtain a greater amount and variety of evidence than

could possibly be obtained through my own unaided exertions. I am

glad your Government has decided upon an open inquiry, for thus

all the important facts bearing upon the subject can be brought

to light. The knowledge of these facts will greatly facilitate

the inquiry about to be instituted. For instance, I dare say

your Shipowners think (as our Shipowners thought in 1849) that

any material relaxation of the Navigation Laws of France would

ruin them. The arguments used against the repeal of our laws in

1849 were very plausible, but not very profound; for what are the

facts? The repeal of our Navigation Laws came into operation on

the 1st January, 1850; the aggregate tonnage of the merchant navy

of the British empire at that time was 4,232,962 tons. It had

risen from 2,681,276 tons in 1815. So that the increase, under

the guardian care of the State, had in the previous thirty-five

years been 1,551,686 tons. That increase was then considered

very great; and, as we could not look into futurity, much stress

was laid upon the argument that if protection were removed from

British shipping, any increase would in future be monopolised

by the ships of foreign nations. But the Legislature had other

interests to consider besides that to which I belong. Protection

was, therefore, swept away, and Shipowners were left to depend

upon their own exertions, instead of depending upon the State.

Their desponding was great, but so far from being “ruined,” they

are richer now than ever they were at any former period, if I

may judge of their wealth by the extraordinary increase of our

shipping. On the 1st January, 1860 (ten years after all protection

had been removed), we owned 5,710,968 tons. Thus, in ten years

of Free-trade our increase was about as great as it had been in

thirty-five years of protection; but the increase in the amount of

business carried on in British ships is even more remarkable. Here

are the facts:

In 1842, there were entered and cleared at our ports of British

shipping 6,669,995 tons; 1850, 9,442,544 tons; 1861, 15,420,532

tons; the increase being 2,772,549 tons during nine years of

protection, and 5,977,988 tons during eleven years of Free-trade.

In 1812 we built 129,929 tons of shipping; in 1849 only 117,953

tons. In 1850, we built 133,695 tons, and in 1861, 310,900 tons;

showing an annual decrease between the former periods of 11,976

tons, but an annual increase between the latter of 177,205 tons.

The reason of these extraordinary results is obvious. Shipping is

not the parent, it is the child of commerce. If your Government

apply to its merchant shipping the principles we have adopted,

you will find that the results will be very much the same, for

these principles are applicable to all countries. Shipping has no

creative power in itself, like land, or manufactures, or minerals;

it depends, entirely, upon other interests for its existence. If a

country produced what was necessary for its own wants and no more,

it would not require any ships. If France had no commerce with

other countries, and no trade along its own shores, there would

be no employment for its shipping in its own trade. Now, though

France has, I daresay, within herself the means of producing what

other nations require to nearly as great an extent as the United

Kingdom, and, though she requires as much or even more from other

countries than we do, yet her sea-borne commerce is very limited

as compared with her resources and her powers of consumption.

Turning to the ‘Tableau Général du Commerce de la France,’ I find

that, in 1860, the entrances and clearances with cargoes only

in your foreign and colonial trades, and the entrances in your

coasting trade, including the ships of France and of every nation

trading with her, amounted to 9,773,865 tons, whereas, in the same

year, it required 37,841,329 tons of shipping to transport the

cargoes which entered and cleared from the ports of the United

Kingdom. But, curiously enough, though the ships of all nations

are allowed to enter our ports (and our consumers invite them to

do so), there was, in 1860, in our foreign trade, only 4,294,444

tons of foreign shipping with cargoes as against 5,760,537 tons

of British shipping; whereas, in your foreign trade, in the same

year, there was 2,348,261 tons of foreign shipping with cargoes as

against 1,663,615 tons of your own.

It is, thus, evident that any restriction you impose on the

freedom of intercourse with other countries, while it curtails the

operations of your merchants, likewise enhances the price of the

raw material to your manufacturers; and while it increases the

cost of the commodity to your people, curtails the employment of

your Shipowners. But, even if those restrictions and differential

duties (which you still maintain without any advantage to the

revenue) benefited your Shipowners, which they do not, why should

your merchants and manufacturers, and landowners and farmers, and,

above all, your hardworking people, be made to suffer, so that

your Shipowners might be enriched? So long as all the producing

classes were protected, the Shipowners might have had some right

to say that, as they were obliged to pay, for the benefit, real

or imaginary of others, enhanced prices for all articles of

consumption, they were consequently entitled to some compensating

protection; but, since the recent relaxations of the French

tariff, and, now that the producing classes are exposed to the

competition of other countries, these classes have unquestionably

a right to insist on free navigation.

No doubt your Shipowners will consider, as ours did, that their

class was entitled to claim peculiar privileges, because the

merchant service is the legitimate nursery of the seamen for the

navy necessary for the protection of the State; but we have 20,000

more seamen now in our merchant service than we had in 1849. Free

intercourse with other countries gave increased employment to our

shipping, and therefore we required more seamen. So it will be

with your country when you adopt a similar policy.

But, however fallacious the arguments have proved which were used

against the repeal of our Navigation Laws, it is hardly possible

to conceive anything so pernicious and absurd as the law itself

which you still maintain. By way of illustration, may I direct

your attention to the line of steamers trading between Southampton

and the various ports in India, _viâ_ the Mediterranean?

These vessels pass Marseilles every week laden with articles of

which your people may be greatly in want, but the differential

duties which the laws of France levy are so high on these articles

(because they happen to be in English ships) that they cannot

be landed, consequently they are carried through the Straits of

Gibraltar, and across the Bay of Biscay to Southampton, and from

thence by rail to London, and there shipped in either English

or French bottoms to some port in France. Could anything be

more absurd? The price your people pay for this folly is well

illustrated by the startling fact that in 1860 France imported

from the United Kingdom 8,000,000 lbs. of silk, 4,000,000 lbs. of

coffee, 16,000,000 lbs. of wool, and 116,000 cwt. of cotton, not

an ounce of any of these articles having been produced in this

country.

History of merchant shipping and ancient commerce, Volume 3 (of 4) · 第 25 / 27 章