fell under the control of monopolies at home. The merchants of
the Middle Ages, in England and elsewhere, had formed
themselves into societies, or guilds, just as the artisans and
mechanics in different trades had done. Such associations had
originally grown out of the disorderly state of the times,
when government and law were weak, and when men who had common
interests were forced to unite to protect themselves, and to
establish customs and rules for regulating their business
affairs. But the guilds almost always became, in time,
oppressive monopolies, each acquiring, in its own department
of business, such exclusive rights and privileges as
practically shut out from that business all persons not
admitted to its membership. This occurred among the merchants,
as it did elsewhere, and English commerce grew up under the
control of various societies of "Merchant Adventurers," as
they were called.
See MERCHANT ADVENTURERS (page 2153).
The disputes and contests of these companies, at home and
abroad, and their suppression of individual enterprise, appear
to have hindered the growth of English commerce for a long
period. But it did grow steadily, notwithstanding, and through
the reigns of Henry VIII. and Elizabeth, the number of English
ships set afloat and of English merchants trading abroad, was
rapidly multiplied. Meantime the English people gained skill
in weaving, dyeing and other arts, and were fast extending the
manufacture at home of their own famous Wool. This, in turn,
made the sheep farming more profitable, and so much land was
taken for that purpose that other products were diminished and
most articles of food rose in price. That occurrence caused
grave anxiety, and the meddling statesmen of the time, who
thought that nothing could go well if their wisdom did not
regulate it by law (as too many meddling statesmen think yet)
began to frame acts of Parliament which directed how farming
lands should be managed and how many sheep a single farmer
should be permitted to own. The same kind of statesmanship
took alarm at the spread of weaving, in a small way, among
industrious villagers and country people, who set up looms and
made and sold cloth, outside of the guilds of the town
weavers. So the complaints of the latter were listened to, and
Parliament forbade weaving to be done outside of certain
towns, except for home use in the family of the weaver. There
was much of that sort of legislation during Tudor times, and
the industry and enterprise of the country had to struggle
long and hard for freedom to fairly exercise themselves. But
in spite of meddling statesmen and tyrannical monopolies, the
people went all from year to year, learning more, doing more,
producing more, wanting more, buying and selling more, and
living in a better way. After about 1511, there appears to
have been a considerable direct trade growing up between
England and the countries of the eastern Mediterranean (the
Levant), and consuls, to look after the rights and interests
of English merchants, began to be appointed, at Candia, and
elsewhere, as early as 1530. The voyage from London to the
Levant and return then occupied from eleven months to a year.
About 1535 the English made their appearance as traders on the
Guinea coast of West Africa, disputing the exclusive rights
which the Portuguese claimed there, and in 1537 they opened
trade with the Moors of the Barbary coast, in northern Africa.
In 1553 a chartered company of London merchants was formed
with the object of exploring for a northeastern passage to
China, around Europe, through the Arctic seas, as a means of
dividing the trade of the East with the Portuguese, who
controlled the southern route, around Africa. This is believed
to have been the first joint stock corporation of shareholders
that was organized in England. Sebastian Cabot, then "Grand
Pilot of England," was at the head of it. The northwestern
passage was not found, but the company opened a trade with
Russia which proved to be exceedingly valuable. Accepting
this, in lieu of the China trade which it could not reach, it
became, as the Russia Company, a rich and powerful
corporation. The success of the Russia Company stimulated the
adventurous disposition of the English people and set other
enterprises in motion. But still more energy was roused by the
hostility of national feeling toward Spain. The destruction of
the Armada broke the Spanish naval power and made the English
bold. They began to navigate the sea from that time with
intent to become its masters, though the Dutch were still
superior to them in maritime strength and experience. During
the reign of Elizabeth there rose a new race of Vikings, very
much like the old Norse heroes of the sea, and pursuing a very
similar career.
{3718}
The most daring and most famous among them, such as Grenville,
Drake and Hawkins, were more than half pirates, and their
voyages were chiefly expeditions for plunder, directed against
the Spaniards and Portuguese. The trade which they first gave
attention to was the trade in negro slaves. But those
piratical adventurers of the 16th century made England the
"mistress of the seas." They trained for her a body of sailors
who were able in time to more than cope with the Dutch, and
they opened the newly known regions of the world for her
merchants and colonists to spread over them. Before the end of
the 17th century, the English had become the foremost power in
the western world and were making the most of its
opportunities for production and trade. Meantime they were
pushing their way with equal energy in the East. On the last
day of the year 1600 the "Company of Merchants of London
trading into the East Indies," which became afterwards so
great and famous as the "East India Company" of England, was
chartered by the Queen. The Company sent out its first fleet
of five vessels in 1601. The expedition returned, after an
absence of two years and seven months, richly laden, in part
with pepper from Sumatra and in part with the spoils of a
Portuguese ship which it had captured in the straits of
Malacca. It had settled a trading agency, or factory, at
Bantam—and that was the beginning of the vast empire which
England now rules in the East.
See INDIA: A. D. 1600-1702 (page 1709).
COMMERCE: MODERN: The English:
17-18th Centuries.
The Colonial or Sole Market Commercial System.
"The doctrine that the commercial prosperity of a country
depends on the creation, maintenance, and extension of a sole
market for its products and for its supplies, was prevalent
from the discovery of the New World and the Cape Passage down
to the war of American Independence. This was the principal
object of Borgia's Bulls. This was what animated the Dutch, in
their successful, in the end too successful, struggle, after a
monopoly of the Spice islands. This was the motive which led
to the charters of the Russian Company, the Levant Company,
the East India Company, the Turkey Company, the Hudson's Bay
Company, in England. The theory was organized in the colonial
system, which Adam Smith examined, attacked, and as far as
argument could go, demolished in his great work. But the dream
of a sole market is still possessing the Germans and the
French. … The early wars of Europe were wars of conquest. …
After them came the wars of religion, from the outbreak of the
Insurrection in the Low Countries, and the civil wars in
France, down to the Peace of Westphalia in the middle of the
17th century. From that day to our own, European wars have
been waged on behalf of the balance of power, the principal
mischief-maker in the contest being France. The English, the
French, and the Dutch were the competitors in the wars for a
sole market. But Holland was practically ruined at the peace
of Aix-la-Chapelle, and France was stripped … of her colonies
at the peace of Paris, and England became not only the
principal maritime, but the principal manufacturing and
mercantile country in the world. As regards English trade,
however, though India was an outlet to some extent for English
goods, its trade was in the hands of a chartered company, whom
the Seven Years' War had left in serious straits. The most
important sole market which Great Britain had acquired by her
wars was the seaboard of North America. To support the
finances of the chartered company, the British Parliament
determined on taxing the inhabitants of her sole market, and
the result as you know was the war of American Independence. …
The colonial or sole-market system was based on a strict
reciprocity. The English Government admitted colonial produce
into the English markets at differential duties, or prohibited
the produce of foreign nations and foreign colonies
altogether. The Colonies were not only the customers of
English manufacturers only, to the absolute exclusion of
foreign manufactures, but were prohibited from undertaking
those manufactures themselves. The English Government adopted
with their colonies the policy which they adopted with Irish
manufactures, which they also prohibited, but with this
difference, that they disabled the Irish from having any trade
whatever with England, with the Colonies, and with foreign
countries. They wished to extinguish, with one exception,
every Irish product, and to constitute themselves the sole
manufacturers and shopkeepers for the Irish. They allowed only
the linen manufacture of Ulster. The Irish were to be, with
this exception, agriculturists only, but they were to be
disabled from selling their agricultural produce in England,
or elsewhere. They were practically denied the right of trade.
… It was the doctrine of the sole market in its most
exaggerated form. … The colonial system, under which
advantages were secured to the colonial producer by giving him
a preferred market in Great Britain, while the colonist was
debarred from engaging in manufactures, was a selfish one on
the part of the English merchants and manufacturers. It gave
the colonist a sole market, it is true. But it does not follow
that a sole market is a high market. On the contrary, it is
probable that the offer of a sole market is intended to secure
a low market. The Virginian planter sent the whole of his
tobacco to England. The English trader re-exported it to other
countries, say Holland or Germany. It may be presumed that he
made a profit on the original consignment, and on the
re-exportation, or he would not have undertaken the business.
… The colonial system did not preclude the plantations from
sending, under the strict conditions of the Navigation Act,
certain kinds of produce to other countries than England.
These were called non-enumerated commodities, the principal
being corn, timber, salted provisions, fish, sugar, and rum.
There was a reason for this, which was to be found in the
fiscal system of England. We did not want colonial corn, for
there were duties on corn, levied in the interest of the
landlords, nor colonial timber, salted meat and salted fish,
for the home produce of these articles were similarly
assisted. Sugar and rum were allowed to be exported, for the
owners of the plantations in the Leeward isles were chiefly
absentee English proprietors, who had already a monopoly of
English supply, and were powerful enough in Parliament to get
an extended market elsewhere. But in 1769, just before the
troubles broke out with the American plantations, an Act was
passed, disabling the colonists from sending even the
non-enumerated commodities to any country north of Cape
Finisterre, in Northern Spain. … The enumerated goods, and
there was a long list of them, could be exported to Great
Britain only. They consisted, as Adam Smith says, of what
could not be produced in this country, and what could be
produced in great quantity in the Colonies."
_J. E. T. Rogers,
The Economic Interpretation of History,
lecture 15._
{3719}
COMMERCE: MODERN: The Americans:
Colonial Trade.
"We are a nation of land-traffickers, but our ancestors in the
colonies traded and traveled almost entirely by water. There
were but twelve miles of land-carriage in all the province of
New York; beyond Albany the Indian trade was carried on by
'three-' or 'four-handed batteaus,' sharp at both ends, like
the Adirondack boat of to-day. Yachts, with bottoms of black
oak and sides of red cedar, brought wheat in bulk and peltries
down the Hudson; other craft carried on the domestic trade of
New York town with the shores of Long Island, Staten Island,
and the little ports beyond the Kill von Kull. … The first
regular wagon-carriage from the Connecticut River to Boston
did not begin until 1697; Massachusetts had then been settled
seventy years. The flat-bottomed boat, which has since played
so important a part in the trade of the Ohio and the
Mississippi, and whose form was probably suggested by that of
the 'west country barges' of England, appears to have been
used for floating produce down the Delaware before 1685. In
the Chesapeake colonies, until late in the provincial period,
there were almost no roads but the numerous bays and
water-courses, and almost no vehicles but canoes, row-boats,
pinnaces and barks. Places of resort for worship or business
were usually near the waterside. … But of all means of travel
or trade the Indian canoe was the chief. … Roads in the
colonies were hardly ever laid out, but were left where Indian
trail or chance cart-track in the woods had marked them. …
From England, along with bad roads, the colonists brought the
pack-horse which, in Devon and Cornwall, at the close of the
last century, still did the carrying, even of building-stones
and cord-wood. Most of the inland traffic of the colonial
period was done by packing. … The Germans, whose ancestors had
four-wheeled vehicles in the days of Julius Cæsar, made good
roads wherever they planted themselves. While their English
neighbors were content to travel on horseback and to ford and
swim streams, the Salzburgers in Georgia began by opening a
wagon-road twelve miles long, with seven bridges, 'which
surprised the English mightily.' Pennsylvania, the home of the
Germans, alone of the colonies built good straight roads; and
the facility which these afforded to ten thousand
freight-wagons was the main advantage that gave Philadelphia
the final preeminence among the colonial sea-ports, and made
Lancaster the only considerable inland mart In North America.
… Proximity to the wampum-making savages at one end of Hudson
River navigation and to the beaver-catchers at the other made
New York the chief seat of the fur trade. Wagon-roads, soil,
climate, and an industrious people made Philadelphia the
principal center of the traffic in bread and meat. The
never-ending line of convenient shore that bordered the
peninsulas of Maryland and Virginia, and gave a good
landing-place at every man's door, with a tobacco currency,
rendered it difficult to build towns or develop trade among
the easy-going planters of the Chesapeake and Albemarle
regions. A different coast-line, and rivers less convenient,
made Charleston the rich and urbane commercial and social
center of southern Carolina. Until about 1750 Boston was the
leading sea-port, and its long wharf, 2,000 feet in length
with warehouses on one side of it, was the New World wonder of
travelers. Five or six hundred vessels annually cleared out of
Boston in the middle of the 18th century for the foreign trade
alone, and the city contained between twenty and thirty
thousand people at the outbreak of the Revolution. But
Newport, with its thirty distilleries to make rum of the
molasses brought from the islands, and its seventeen sperm-oil
and candle factories to work up the results of the whaling
industry, had nearly half as many ships in foreign trade as
Boston, and three or four hundred craft of all sorts in the
coast-wise carrying trade. He was thought a bold prophet who
said then that 'New York might one day equal Newport'; for
about 1750 New York sent forth fewer ships than Newport, and
not half so many as Boston. … But Philadelphia—planted late in
the 17th century—outstripped all rivals, and for the last
twenty years of the colonial period was the chief port of
North America. … The imports and exports of the two tobacco
colonies together were far larger than those of Philadelphia,
but their profits were far less."
_E. Eggleston,
Commerce in the Colonies
(Century, June, 1884)._
COMMERCE: MODERN: The English:
18-19th Centuries.
Rising prosperity and commercial supremacy.
Successful War, Free Trade and Steam Power.
"If we look at the state of the European powers after the
conclusion of the Seven Years' War in 1763, we shall see how
favourable our position then was. In the first place, England
had seriously crippled her commercial rival, France, both in
her Indian and American possessions, and thereby had gained
extensive colonial territories which afforded a ready market
for British goods. Spain, which had been allied with France,
had lost at the same time her position as the commercial rival
of England in trade with the New World. Germany had for some
time ceased to be a formidable competitor, and was now being
ravaged by internal conflicts between the reigning houses of
Austria and Prussia. Holland, which had once been England's
most serious rival—especially in foreign commerce—was at this
time in a similar condition, and had greatly declined from the
prosperity of the 16th and 17th centuries. Hence England alone
had the chance of 'the universal empire of the sole market.'
The supply of this market was in the hands of English
manufacturers and English workmen, so that the great
inventions which came into operation after 1763 were thus at
once called into active employment, and our mills and mines
were able to produce wealth as fast as they could work,
without fear of foreign competition. It is not surprising,
therefore, to find that in the ten years, from 1782 to 1792,
our entire foreign trade was nearly doubled, the exact figures
being:
1782, imports £10,341,628, exports £13,009,458;
1792, Imports £19,659,358, exports £24,905,200.
And this remarkable progress was still kept up even during the
great continental wars which were caused by the French
Revolution, and which lasted for almost a quarter of a
century. …
{3720}
In spite of the almost entire loss of our trade in some
directions, English commerce improved in others; and, in fact,
any loss was more than counterbalanced by an increase in
regard to the (now independent) United States, Russia, Venice,
Germany, and Northern Europe, as well as with the West and
East Indian colonies, both British and foreign. In fact, many
of the countries whom France had compelled to become our
enemies found themselves unable to do without British
manufactures, especially as their own industries were
suffering from the warfare that was going on on the Continent,
and therefore had to find means to procure our goods. … The
close of the 25 years of continental war (1815) is sometimes
taken as being the date when the modern system of commerce may
be said to have had its beginning. Up to that time, although
great changes and advances had been made, the spirit of
monopoly and the general restrictive policy which
characterised previous centuries, were still, to some extent,
in force. But not very long after the peace that was won by
the battle of Waterloo, a remarkable change was made in the
commercial policy of England. … We now come to the beginnings
of freedom of trade."
_H. de B. Gibbins,
British Commerce and Colonies,
pages 91-102._
"When the wars of the French Revolution began, the foundations
of a great empire had already been broadly laid; and when it
ended, England stood out as a power which had grown greater in
the struggle. … Dutchman, Dane, and Spaniard, Frenchman and
Venetian, all ancient competitors of England, fell before her;
and, when the sword was sheathed in 1815, it was no
exaggerated boast to call her mistress of the seas. These
facts should never be lost sight of in any consideration of
the causes which have led us to where we now are. Without
these preparatory steps, both in domestic industries and in
foreign wars and conquests, England would not, with all her
material advantages, have been so entirely the gainer by the
progress of the last fifty years as she has so far proved to
be. … There is the more need to remember this because the time
immediately following the war was one of severe domestic
suffering, and of much retrograde legislation, conceived with
a view to, if possible, lessen that suffering. … The worst of
all the laws which then restricted trade were those relating
to the exports and imports of corn, which the younger men of
to-day have well-nigh forgotten. … It was not till after long
years of agitation by John Bright, Richard Cobden, and other
leaders of the Anti-Corn Law League, that the landed party
gave way sullenly, and assented, amid the most gloomy
predictions of impending ruin, to the repeal of the sliding
scale altogether, and the virtual abolition of all corn laws
by the substitution of a fixed duty of 1 s. per quarter. Thus
recently was one of the most oppressive pieces of fiscal
legislation that man could have conceived withdrawn; and not
until 1849, when that law came into force, could the
industries of the country be said to be anything like
unfettered. Yet twenty years more passed before this shilling
duty—the last rag of protection—was itself flung aside, and
the import of corn became perfectly free. … But many other
changes had in the meantime taken place, all tending more and
more to throw off the shackles of trade. … As late as 1840 our
customs tariff was described in the report of a committee of
the House of Commons as 'presenting neither congruity nor
unity of purpose;' as 'often aiming at incompatible ends,'
seeking both to produce revenue and to protect interests in
ways incompatible with each other. There were no fewer than
1,150 different rates of duty chargeable on imported articles,
… and the committee gave a list of 862 of such articles which
were subject to duty, seventeen of which then produced 94 per
cent. of a revenue amounting to £23,000,000. … The present
customs tariff contains less than two dozen articles all told,
and including those on which duty is imposed to countervail
the excise charges on internal products. The ordinary import
articles on which duty is charged number only seven. … But
there is yet another hindrance the removal of which has to be
noticed, and which, till removed, cramped England very
seriously, viz. the navigation laws and the great trade
monopoly of the East India Company. … It took longer time … to
accomplish the complete deliverance of our mercantile marine
from the baneful influence of 'protective' jealousy than to
accomplish any other great free-trade reform. A tentative
effort to lessen the consequences of confining the carrying
trade of England to English ships was made in 1825 by Mr.
Huskisson; but it was not till 1854 that complete free trade
on the sea was granted by the abolition of any restriction as
to the nationality of vessels engaged in the coasting trade of
the kingdom. … Here, then, we have noted briefly the various
steps and leading characteristics of the commercial reforms
which, in this country, either paved the way for or secured
the benefit of the great outburst of enterprise and influx of
wealth which began in the second quarter of the present
century. These various reforms constitute, so to say, the
negative side of the modern commercial prosperity which this
country built upon the foundations of her world-wide empire;
and, in order to get a complete outline of the position which
we at present occupy, we must now revert briefly to the
positive side of the subject; we must find out where the great
modern wealth has come from, and on what it has been based.
Freedom of trade no doubt did much to call wealth and
enterprise into being; but in what did this wealth consist?
Happily the leading features are not difficult to trace.
Although the foundations of the great manufacturing industries
of this country lie far back in the past, their development,
like the growth of free-trade principles, is quite modern, and
dates in reality from the day when George Stephenson won the
competition at Liverpool with his locomotive 'the Rocket,'
settling thereby the question of railroad travelling by steam
beyond dispute. The mere stimulus to all kinds of mining and
manufacturing industries which this victory and the subsequent
railway operations gave, was itself enough to cause the trade
of this country to press forward by 'leaps and bounds.' Since
November 1830, it may be said to have done so; and the mere
fact that England was the originator of the railway systems of
the world, and that she contained within herself almost
boundless materials wherewith to supply those systems, would
itself suffice to explain the pre-eminence which from that day
to this has been unquestionably hers.
{3721}
The great natural resources of the country were first employed
in supplying the materials for home development, and then
gradually the wealth thus acquired by digging in the bowels of
the earth was utilised in tempting or leading other nations
into a career of 'progress' similar to our own. In spite of
the many losses which individuals suffered in the early days
of this progress, the nation grew steadily richer and its
stores of realised wealth increased with every new enterprise
almost that it took up. … Each year the realised wealth of the
one before told, as it were, in swelling the working power of
the nation, and in enlarging the business capacities and scope
of its credit. … Side by side with the increased produce of
the country, the increased manufactures, and the increasing
wealth, there were growing up facilities for
intercommunication with all parts of the world, and with that
an increasing tendency to emigration. The home hives were
constantly throwing off young swarms, which, settling now in
America, now in Australia, now in Africa, became so many new
centres of demand, so many links in the trade chain that we
had bound round the world."
_A. J. Wilson,
British Trade
(Fraser's Magazine, September, 1876),
pages 271-277._
"The almost unlimited expansion which becomes marked about
1850 and culminates in 1873, has been pointed to by many
different people as proof of the great effect of different
measures or inventions; as a matter of fact, it was due to no
one cause, but was rather the result of multitudinous
discoveries and events, acting and reacting on each other.
Perhaps the following list of dates shows this most clearly;—
Opening of first English railway, 1830;
Wheatstone's telegraph, 1837;
first ocean steamer, 1838;
settlement in New Zealand, 1840;
reduction of duties on raw materials, 1842;
repeal of Corn Laws, 1846;
commercial treaty with France, 1860.
Here are seven events of widely different natures, each of
which must have had its effect in the period under
consideration, and it would be useless, even if it were
possible, to weigh the separate result of each. We cannot
estimate, we can obtain no criterion of the vast effects of
the adoption of Free Trade. Three things, however, are clear;—
First, that till the suffocating restrictions were removed,
trade could not expand; when exports were prohibited, imports
could not be plentiful; when imports were taxed, the demand at
enhanced prices could not be great. Secondly, if every
restriction was removed from every branch of trade, there
would be no increase without natural causes of manufacture and
demand, no increased demand without a cheapening or
improvement of supply; that, in fact, Free Trade is the
method, not the source, of commerce, and that the claim of
this increase as the direct result of freedom and a proof of
its expediency is an inaccurate exaggeration. Thirdly, that
the date of the marked commencement of the expansion coincides
exactly with the reductions and abolitions of duties, pointing
to the fact, borne out by all concurrent events, that the
adoption of Free Trade was the opening of the valve which
allowed the forces of commerce full play. … It was in the
trades of comparatively recent establishment, in England
especially, that there were immense outputs (of cotton goods
and machinery, for instance), in great excess of the home
demand; and this could only pay if the foreign demand grew in
proportion to the growing efficiency; that is to say, our
newer industries became the most important, and were marked as
our division of international labour. The foreign demand,
indeed, for our manufactures and our machines was
extraordinary. Now, every country is trying to rival our
goods, and each to produce for herself the manufactures she
requires; then, rivalry was out of the question. … On every
side new markets were opened; old trades were increased, new
developed. The railways built with our materials opened up
districts hitherto inaccessible; this acted as a fresh
stimulus to our manufacturers—more capital was forthcoming,
and more railways were built. Not only were countries, with
which we had already established some trade, brought nearer
and in closer relation, but new countries were discovered.
Australia and New Zealand were ready to take our surplus
population, and were not behindhand in the new system of
development. Our older colonies also increased. With each
emigration the number of our customers abroad was multiplied.
In 1850 and 1852 this process was accelerated by the news of
the gold discoveries in California and Australia. So great was
the emigration and the consequent demand for ships that all
freights were increased, and, with a short lull, this
continued till 1856. … The last great impetus was given by the
Suez Canal, by which the journey to India and the East was
quickened by one-half, and, at the same time, rendered more
secure."
_A. L. Bowley,
England's Foreign Trade in the Nineteenth Century.
chapter 4._
See, also, TARIFF LEGISLATION (pages 3073-3077).
COMMERCE: MODERN:
The Americans: A. D, 1856-1895.
Decay of American shipping interests.
"Down to the year 1856, the United States had rapidly advanced
in commercial greatness, and had overcome all the obstacles
which had clustered about their path. At that time we were
close upon the heels of England, and everything pointed to our
speedily passing her in the race for commercial supremacy.
Since then our commerce has steadily declined,—a misfortune
usually attributed to the civil war, and subsequently to the
competition of more profitable forms of investment. These
circumstances no doubt hastened the loss of our commerce; but,
as Lieutenant Kelley points out, they are not the true causes
of its decline, inasmuch as that began before the civil war.
The origin of our difficulties lay in the abandonment of our
old policy, which, from the beginning of the century,
consisted in surpassing all the world in the quality and speed
of our ships and in our naval architecture. With the
substitution of iron for wood we began to drop behind, until,
with a population of 55,000,000, we have a tonnage but little
greater than we had when half as numerous. Moreover, our
percentage of wrecks is larger than that of any other
seafaring people, and our ships and steamers are
shorter-lived.
_The Question of Ships
(Atlantic Monthly, June, 1884, pages 859-861)._
{3722}
"The first symptoms of the decadence appeared in 1856, in the
falling-off in the sales of American tonnage to foreigners;
the reduction being from 65,000 in 1855 to 42,000 in 1856, to
26,000 in 1858, and to 17,000 in 1860. During the war,
however, the transfers of American tonnage to foreign flags
again increased very largely, and, for the years 1862 to 1865
inclusive, amounted to the large aggregate of 824,652 tons, or
to more than one-fourth of all the registered tonnage (the
tonnage engaged in foreign trade) of the United States in
1860. But these transfers, it is well understood, were not in
the nature of ordinary business, but for the sake of obtaining
a more complete immunity from destruction upon the high seas
than the United States at that time was able to afford. The
year 1856 also marks the time when the growth of our foreign
steam-shipping was arrested, and a retrograde movement
inaugurated; so that … our aggregate tonnage in this
department was 1,000 tons less in 1862 than it was in 1855.
The total tonnage of every description built in the United
States also declined from 583,450 tons in 1855 (the largest
amount ever built in any one year) to 469,393 in 1856, 378,804
in 1857, and 212,892 in 1860, a reduction of 68 per cent in
five years. During the year 1855, American vessels carried
75.6 per cent of the value of the exports and imports of the
United States. After 1855 this proportion steadily declined to
75.2 per cent in 1856, 70.5 in 1857, 66.9 in 1859, and 65.2 in
1861, the year of the outbreak of the war. … Of the enormous
increase in the foreign commerce of the United States since
1860, as above noted, every maritime nation of any note, with
the exception of the United States, has taken a share.
American tonnage alone exhibits a decrease. Thus, comparing
1880 with 1856, the foreign tonnage entering the seaports of
the United States increased nearly 11,000,000 of tons; whereas
the American tonnage entered during the same period exhibits a
decrease of over 65,000 tons. British tonnage increased its
proportion from 935,000 tons in 1856 to 7,903,000 in 1880;
Germany, during the same time, from 166,000 to 1,089,000; and
Sweden and Norway from 20,662 to 1,234,000. Austria, limited
to almost a single seaport, jumped up from 1,477 tons in 1856
to 206,000 tons in 1880, and had, in 1879, 179 large-class
sailing-vessels engaged in the American trade. Sleepy Portugal
increased during the same period from 4,727 tons to 24,449
tons. … How is it, that the United States, formerly a maritime
power of the first class, has now no ships or steamers that
can profitably compete for the carrying of even its own
exports; not merely with the ships of our great commercial
rival, England, but also with those of Italy, Sweden, Norway,
Germany, Holland, Austria, and Portugal? … The facts already
presented fully demonstrate that the war was not the cause,
and did not mark the commencement, of the decadence of
American shipping; although the contrary is often and perhaps
generally assumed by those who have undertaken to discuss this
subject. The war simply hastened a decay which had already
commenced. … The primary cause was what may be termed a
natural one, the result of the progress of the age and a
higher degree of civilization; namely, the substitution of
steam in place of wind as an agent for ship-propulsion, and
the substitution of iron in the place of wood as a material
for ship-construction. … The means and appliances for the
construction of iron vessels did not then [in 1855] exist in
the United States; while Great Britain, commencing even as far
back as 1837 (when John Laird constructed his first iron
steamers of any magnitude for steam navigation), and with
eighteen years of experience, had become thoroughly equipped
in 1855 for the prosecution of this great industry. The
facilities for the construction of steam machinery adapted to
the most economical propulsion of ocean vessels, furthermore,
were also inferior in the United States to those existing in
Great Britain; and, by reason of statute provisions, citizens
of the United States interested in ocean commerce were
absolutely prevented and forbidden from availing themselves of
the results of British skill and superiority in the
construction of vessels when such a recourse was the only
policy which could have enabled them at the time to hold their
position in the ocean carrying trade in competition with their
foreign rivals. … The inability of the ships of the United
States to do the work which trade and commerce required that
they should do as well and cheaply as the ships of other
nations having been demonstrated by experience, the decadence
of American shipping commenced and was inevitable from the
very hour when this fact was first recognized, which was about
the year 1856. Here, then, we have the primary cause of the
decay of the business of ship-building in the United States
and of our commercial marine. … The question which next
naturally presents itself in the order of this inquiry and
discussion is, Why is it that the people of the United States
have not been permitted to enjoy the privileges accorded to
other maritime nations, of adjusting their shipping interests
to the spirit and wants of the age? Why have they alone been
debarred from using the best tools in an important department
of commerce, when the using meant business retained, labor
employed, and capital rewarded, and the non-using equally
meant decay, paralysis, and impoverishment? The answer is,
Because of our so-called navigation laws."
_D. A. Wells,
Our Merchant Marine,
chapters 2-3._
"Somewhat curtailed, the navigation laws may be summarized as
follows: No American is allowed to import a foreign-built
vessel in the sense of purchasing, acquiring a registry, or
using her as his property; the only other imports, equally and
forcibly prohibited, being counterfeit money and obscene
goods. An American vessel ceases to be such if owned in the
smallest degree by a naturalized citizen, who may, after
acquiring the purchase, reside for more than one year in his
native country, or for more than two years in any other
foreign state. An American ship owned in part or in full by an
American citizen who, without the expectation of relinquishing
his citizenship, resides in any foreign country except as
United States Consul, or as agent or partner in an exclusively
American mercantile house, loses its register and its right to
protection. A citizen obtaining a register for an American
vessel must make oath that no foreigner is directly or
indirectly interested in the profits thereof, whether as
commander, officer, or owner. Foreign capital may build our
railroads, work our mines, insure our property, and buy our
bonds, but a single dollar invested in American ships so
taints as to render it unworthy of the benefit of our laws. No
foreign-built vessel can, under penalty of confiscation, enter
our ports and then sail to another domestic port with any new
cargo, or with any part of an original cargo, which has once
been unladen previously, without touching at some port of some
foreign country.
{3723}
This law is construed to include all direct traffic between
the Atlantic and Pacific ports of the United States via Cape
Horn, the Cape of Good Hope, or the Isthmus of Panama; and
being a coasting trade, foreigners cannot compete. An American
vessel once sold or transferred to a foreigner, can never
again become American property, even if the transaction has
been the result of capture and condemnation by a foreign power
in time of war. Vessels under 30 tons cannot be used to import
anything at any seaboard town. Cargoes from the eastward of
the Cape of Good Hope are subject to a duty of 10 per cent. in
addition to the direct importation duties. American vessels
repaired in foreign ports must pay a duty on the repairs equal
to one-half the cost of the foreign work or material, or pay
50 per cent. ad valorem, the master or owner making entry of
such repairs as imports. This liberal provision, which dates
from 1866, is made to include boats obtained at sea, from a
passing foreign vessel, in order to assure the safety of our
own seamen. … All other nations have the power of buying ships
for foreign trade in the cheapest market, and the effort to
protect our shipbuilders by the denial of this right forbids
the return of commercial prosperity."
_J. D. J. Kelley,
The Question of Ships,
chapters 4-5._
COMMERCE: MODERN:
The recent revolution in Commerce.
"All economists who have specially studied this matter are
substantially agreed that, within the period named
[1860-1885], man in general has attained to such a greater
control over the forces of Nature, and has so compassed their
use, that he has been able to do far more work in a given
time, produce far more product, measured by quantity in ratio
to a given amount of labor, and reduce the effort necessary to
insure a comfortable subsistence in a far greater measure than
it was possible for him to accomplish 20 or 30 years anterior
to the time of the present writing (1889). In the absence of
sufficiently complete data, it is not easy, and perhaps not
possible, to estimate accurately, and specifically state the
average saving in time and labor in the world's work of
production and distribution that has been thus achieved. In a
few departments of industrial effort the saving in both of
these factors has certainly amounted to 70 or 80 per cent; in
not a few to more than 50 per cent. … Out of such results as
are definitely known and accepted have come tremendous
industrial and social disturbances, the extent and effect of
which—and more especially of the disturbances which have
culminated, as it were, in later years—it is not easy to
appreciate without the presentation and consideration of
certain typical and specific examples. … Let us go back, in
the first instance, to the year 1869, when an event occurred
which was probably productive of more immediate and serious
economic changes—industrial, commercial, and financial—than
any other event of this century, a period of extensive war
excepted. That was the opening of the Suez Canal. … The old
transportation had been performed by ships, mainly
sailing-vessels, fitted to go round the Cape, and as such
ships were not adapted to the Suez Canal, an amount of
tonnage, estimated by some authorities as high as two million
tons, and representing an immense amount of wealth, was
virtually destroyed. The voyage, in place of occupying from
six to eight months, has been so greatly reduced that steamers
adapted to the canal now make the voyage from London to
Calcutta, or vice versa, in less than 30 days. The notable
destruction or great impairment in the value of ships
consequent upon the construction of the canal did not,
furthermore, terminate with its immediate opening and use; for
improvements in marine engines, diminishing the consumption of
coal, and so enabling vessels to be not only sailed at less
cost, but to carry also more cargo, were, in consequence of
demand for quick and cheap service so rapidly effected, that
the numerous and expensive steamer constructions of 1870-1873,
being unable to compete with the constructions of the next two
years, were nearly all displaced in 1875-1876, and sold for
half, or less than half, of their original cost. And within
another decade these same improved steamers of 1875-1876 have,
in turn, been discarded and sold at small prices. … Again,
with telegraphic communication between India and China, and
the markets of the Western world, permitting the dealers and
consumers of the latter to adjust to a nicety their supplies
of commodities to varying demands, and with the reduction of
the time of the voyage to 30 days or less, there was no longer
any necessity of laying up great stores of Eastern commodities
in Europe; and with the termination of this necessity, the
India warehouse and distribution system of England, with all
the labor and all the capital and banking incident to it,
substantially passed away. Europe, and to some extent the
United States, ceased to go to England for its supplies. …
Importations of East Indian produce are also no longer
confined in England and other countries to a special class of
merchants; and so generally has this former large and special
department of trade been broken up and dispersed, that
extensive retail grocers in the larger cities of Europe and
the United States are now reported as drawing their supplies
direct from native dealers in both China and India. … In
short, the construction of the Suez Canal completely
revolutionized one of the greatest departments of the world's
commerce and business; absolutely destroying an immense amount
of what had previously been wealth, and displacing or changing
the employment of millions of capital and thousands of men. …
The deductions from the most recent tonnage statistics of
Great Britain come properly next in order for consideration.
During the ten years from 1870 to 1880, inclusive, the British
mercantile marine increased its movement, in the matter of
foreign entries and clearances alone, to the extent of
22,000,000 tons; or, to put it more simply, the British
mercantile marine exclusively engaged in foreign trade did so
much more work within the period named; and yet the number of
men who were employed in effecting this great movement had
decreased in 1880, as compared with 1870, to the extent of
about 3,000 (2,990 exactly). What did it? The introduction of
steam hoisting-machines and grain-elevators upon the wharves
and docks, and the employment of steam-power upon the vessels
for steering, raising the sails and anchors, pumping, and
discharging the cargo; or, in other words, the ability,
through the increased use of steam and improved machinery, to
carry larger cargoes in a shorter time, with no increase—or,
rather, an actual decrease—of the number of men employed in
sailing or managing the vessels. …
{3724}
Prior to about the year 1875 ocean-steamships had not been
formidable as freight-carriers. The marine engine was too
heavy, occupied too much space, consumed too much coal. … The
result of the construction and use of compound engines in
economizing coal has been illustrated by Sir Lyon Playfair, by
the statement that 'a small cake of coal, which would pass
through a ring the size of a shilling, when burned in the
compound engine of a modern steamboat would drive a ton of
food and its proportion of the ship two miles on its way from
a foreign port.' … Is it, therefore, to be wondered at, that
the sailing-vessel is fast disappearing from the ocean? …
Great, however, as has been the revolution in respect to
economy and efficiency in the carrying-trade upon the ocean,
the revolution in the carrying-trade upon land during the same
period has been even greater and more remarkable. Taking the
American railroads in general as representative of the
railroad system of the world, the average charge for moving
one ton of freight per mile has been reduced from about 2.5
cents in 1869 to 1.06 in 1887; or, taking the results on one
of the standard roads of the United States the (New York
Central), from 1.95 in 1869 to 0.68 in 1885. … One marked
effect of the present railroad and steamship system of
transportation has been to compel a uniformity of prices for
all commodities that are essential to life. … For grain
henceforth, therefore, the railroad and the steamship have
decided that there shall be but one market—the world."
_D. A. Wells,
Recent Economic Changes,
pages. 27-47._
A recent English writer says: "Formerly we [the English] were
the great manufacturers of the world; the great distributors
and the great warehousemen of the world. Our country was the
point on which the great passenger traffic impinged from
America and from our Colonies, and from which passengers
distributed themselves over the continent of Europe. The
products of the world as a general rule came to English ports,
and from English ports were distributed to their various
markets. All this has much changed. Probably the alteration is
more marked in our distributing trade than in that of our
manufacturing trade or in any other direction. About twenty
years ago all the silk that was manufactured or consumed in
Europe was brought to England from the East, mostly in a raw
state, and was thence distributed to continental mills.
Notwithstanding the increased consumption in Europe, silk now
coming to England for distribution is only about one-eighth of
the quantity that came here some twelve years ago. This is one
single example of an Oriental product. The same diversion of
our distributing trade can be traced in almost every other
commodity. Many people believe that the opening of the Suez
Canal has caused this diminution of our distributing trade,
and it cannot be denied that the Suez Canal has done much to
divert Oriental trade from this country, and to send goods
direct through the Canal to the continental ports, where they
are consumed, or where they can be placed on railways and be
forwarded without break of bulk to their destinations. But
whatever the Suez Canal may have done to divert trade in
Oriental goods such as tea or silk, it cannot account for the
diversion of the trade coming from America. Yet we find the
same diversion of American products which formerly came to
England for distribution. With cotton the same result is
found, and with coffee from the Brazil. Nor does the diversion
of these articles merely demonstrate that our distributing
trade is being lost to us: it also shows that the
manufacturers of England now permit the raw material of their
industries to be sent straight to the factories of their
competitors on the Continent. It shows that the great
manufactures of the world are being transferred from England
to Belgium, France, Germany, and even to Portugal and Spain.
In the train of these manufactures are rapidly following all
the complex and complicated businesses which are the
hand-maidens of commerce. For instance, the financial business
which used to centre in London is being transferred to Paris,
Antwerp, and Germany, mainly because the goods to which this
business relates are now consigned to continental countries
instead of as formerly being brought to England to be
distributed therefrom. … The loss of our distributing trade is
to my mind in a great measure due to the fact that goods
consigned to continental ports can be there put upon railways
and sent straight to their destination; while goods sent to
English ports must be put upon a railway, taken to our coast,
there taken out of the railway, put on board a vessel, taken
across to the Continent, there unloaded, then put on the
railway and sent off to their ultimate destination. These
transhipments from railway to vessel and from vessel to
railway are always costly, always involve time, and in the
case of some perishable articles render the transaction almost
prohibitive. To get over this difficulty and to retain our
distributing trade, there appears to me to be only one course
open, and that is in some way to obtain direct
railway-communication from Liverpool, from London, from
Bristol, from Hull, from Glasgow, and from Dundee, to the
continental markets where the goods landed at those ports are
consumed."
_H. M. Hozier,
England's Real Peril
(Macmillan's Magazine, July, 1888)._
COMMERCE: MODERN:
Waterways and Railways in modern inland commerce.
"There are three great epochs in the modern history of canal
navigation, each marked by characteristics peculiar to itself,
and sufficiently unlike those of either of the others to
enable it to be readily differentiated. They may be thus
described:
1. The era of waterways, designed at once to facilitate the
transport of heavy traffic from inland centres to the
seaboard, and to supersede the then existing systems of
locomotion—the wagon and the pack-horse. This era commenced
with the construction of the Bridgewater Canal between 1766
and 1770, and terminated with the installation of the railway
system in 1830.
2. The era of interoceanic canals, which was inaugurated by
the completion of the Suez Canal in 1869, and is still in
progress.
3. The era of ship-canals intended to afford to cities and
towns remote from the sea, all the advantages of a seaboard,
and especially that of removing and dispatching merchandise
without the necessity of breaking bulk.
{3725}
The second great stage in the development of canal transport
is of comparatively recent origin. It may, in fact, be said to
date only from the time when the construction of a canal
across the Isthmus of Suez was proved to be not only
practicable as an engineering project, but likewise highly
successful as a commercial enterprise. Not that this was by
any means the first canal of its kind. On the contrary, … the
ancients had many schemes of a similar kind in view across the
same isthmus. The canal of Languedoc, constructed in the reign
of Louis XIV., was for that day as considerable an
undertaking. It was designed for the purpose of affording a
safe and speedy means of communication between the
Mediterranean and the Atlantic Ocean; it has a total length of
148 miles, is in its highest part 600 ft. above the level of
the sea, and has in all 114 locks and sluices. In Russia,
canals had been constructed in the time of Peter the Great,
for the purpose of affording a means of communication between
the different inland seas that are characteristic of that
country. The junction of the North and Caspian Seas, of the
Baltic and the Caspian, and the union of the Black and the
Caspian Seas, had all been assisted by the construction of a
series of canals which were perhaps without parallel for their
completeness a century ago. In Prussia a vast system of inland
navigation had been completed during the last century, whereby
Hamburg was connected with Dantzic, and the products of the
country could be exported either by the Black Sea or by the
Baltic. In Scotland the Forth and Clyde Canal, and the
Caledonian Canal, were notable examples of artificial
navigation designed to connect two seas, or two firths that
had all the characteristics of independent oceans; and the
Erie Canal, in the United States, completed a chain of
communication between inland seas of much the same order. But,
although a great deal had been done in the direction of
facilitating navigation between different waters by getting
rid of the 'hyphen' by which they were separated anterior to
the date of the Suez Canal, this grand enterprise undoubtedly
marked a notable advance in the progress of the world from
this point of view. The work was at once more original and
more gigantic than any that had preceded it. … The Suez Canal
once completed and successful, other ship canal schemes came
'thick as autumnal leaves in Vallombrosa.' Several of these
were eminently practical, as well as practicable. The Hellenic
Parliament determined on cutting through the tongue of land
which is situated between the Gulfs of Athens and Lepantus,
known as the Isthmus of Corinth. This isthmus divides the
Adriatic and the Archipelago, and compels all vessels passing
from the one sea to the other to round Cape Matapan, thus
materially lengthening the voyages of vessels bound from the
western parts of Europe to the Levant, Asia Minor and Smyrna.
The canal is now an accomplished fact. Another proposal was
that of cutting a canal from Bordeaux to Marseilles, across
the South of France, a distance of some 120 miles, whereby
these two great ports would be brought 1,678 miles nearer to
each other, and a further reduction, estimated at 800 miles,
effected in the distance between England and India. The Panama
Canal (projected in 1871, and actually commenced in 1880) is,
however, the greatest enterprise of all, and in many respects
the most gigantic and difficult undertaking of which there is
any record. The proposed national canal from sea to sea,
proposed by Mr. Samuel Lloyd and others for Great Britain, the
proposed Sheffield Ship Canal, the proposed Irish Sea and
Birkenhead Ship Canal, and the proposed ship canal to connect
the Forth and the Clyde, are but a few of many notable
examples of the restlessness of our times in this direction. …
There are not a few people who regard the canal system almost
as they might regard the Dodo and the Megatherium. It is to
them an effete relic of a time when civilisation was as yet
but imperfectly developed. … Canals do, indeed, belong to the
past. … That canals also belong to the present, Egypt, the
American isthmus, Manchester, Corinth, and other places, fully
prove, and, unless we greatly err, they are no less the
heritage of the future."
_J. S. Jeans,
Waterways and Water Transport,
section 1, chapter 1._
"'The sea girt British Isles have upwards of 2,500 miles of
canals, in addition to the Manchester Ship Canal, which is
thirty-five and one-half miles, and is said to be one of the
most remarkable undertakings of modern times.' … In 1878,
Germany had in operation 1,289 miles of canals, and had
ordered the construction of 1,045 miles of new canals. Belgium
has forty-five canals. Italy, Hungary, Sweden, Holland and
Russia have their respective systems of canals. France has
expended a larger amount of money than any other European
nation, to provide for canal navigation, and in 1887 the total
length of its canals was 2,998 miles. About forty-eight per
cent of the tonnage of that Republic was transported on its
waterways. The average capacity of boats used therefor was 300
tons. The total length of the canals in operation in the
United States in 1890 was upwards of 2,926 miles."
_H. W. Hill,
Speech on Canals in New York
Constitutional Convention of 1894._
"In most of the leading countries of the world, a time arrived
when the canal system and the railway system came into strong
competition, and when it seemed doubtful on which side the
victory would lie. This contest was necessarily more marked in
England than in any other country. England had not, indeed,
been the first in the field with canals, as she had been with
railways. … But England having once started on a career of
canal development, followed it up with greater energy and on a
more comprehensive scale than any other country. For more than
half a century canals had had it all their own way. … But the
railway system, first put forward as a tentative experiment,
and without the slightest knowledge on the part of its
promoters of the results that were before long to be realised,
was making encroachments, and proving its capabilities. This
was a slow process, as the way had to be felt. The first
railway Acts did not contemplate the use of locomotives, nor
the transport of passenger traffic. The Stockton and
Darlington Railway, constructed in 1825, was the first on
which locomotives were employed.
See Steam Locomotion (page 3029).
Even at this date, there were many who doubted the expediency
of having a railroad instead of a canal, and in the county of
Durham … there was a fierce fight, carried on for more than
twenty years. In the United States, the supremacy of waterways
was maintained until a much later date. …
{3726}
A keen and embittered struggle was kept up between the canal
and the railroad companies until 1857; and even in the latter
year the Legislature of the State of New York, finding that
railway competition was making serious inroads upon their
canal traffic, were considering whether they should not either
entirely prohibit the railways from carrying freight, or
impose such tolls upon railway tonnage as would cripple the
companies in their competition with canals. … The agitation,
however, came to nothing. It had no solid bottom. It was an
agitation similar in kind to that which had disturbed Europe
when Arkwright's spinning machine and Compton's mule were
taking the place of hand labour. The clamour suddenly
collapsed, and was never heard of afterwards. Meanwhile the
railway system proceeded apace. The records of human progress
contain no more remarkable chapter than that which tells of
the growth of American railroads. … In the annals of
transportation, there is no more interesting chapter than that
which deals with the contest that has been carried on for
nearly half a century between the railways and the lakes and
canals for the grain traffic between Chicago and New York.
This contest is interesting, not only to Americans, as the
people who are engaged in it, and whom it more directly
concerns; but also to the people of Europe, and of Great
Britain in particular, the cost of whose food supplies is
affected thereby. … The circumstances of the Erie Canal are,
however, exceptional. Seldom, indeed, do railway freights run
so low as they do on the 950 miles of rail way that separate
Chicago from New York. Over this distance, the great trunk
lines have recently been carrying freight at the rate of 15
cents, or 7½ d. per 100 lbs. This is equivalent to about 14 s.
per ton, or exactly 0.174 d. per ton per mile. There is
probably no such low rates for railway transport in the world.
But this low rate is due entirely to the competition of the
lakes, rivers, and canals."
_J. S. Jeans,
Waterways and Water Transport,
chapters 26-27._
"The early railroad engineers overestimated the speed which
could be readily attained. Fifty years ago it was generally
expected that passenger trains would soon run at rates of from
seventy-five to one hundred miles an hour—a prediction which
has as yet remained unfulfilled. On the other hand, they
underestimated the railroad's capacity for doing work cheaply.
It was not supposed that railroads would ever be able to
compete with water-routes in the carriage of freight, except
where speedy delivery was of the first importance. Nor was it
at that time desired that they should do so. The first English
railroad charter contained provisions expressly intended to
prevent such competition. A generation later, in the State of
New York itself, there was a loud popular cry that the New
York Central must be prohibited from carrying freight in
competition with the Erie Canal. The main field of usefulness
of railroads, and the means by which that field was to be
developed, were not merely ignored, they were positively
shunned. This period of railroad infancy ended about the year
1850. The crisis of 1847 marked its close in England. The
Revolution of 1848-51 was the dividing line on the continent
of Europe. The land grants of 1850, and the formation of three
trunk lines from the seaboard to the interior may be taken as
the beginning of the new era in the United States. It began to
be seen and felt that a steam railroad was something more than
an exaggerated turnpike or horse railroad, and that it had
functions and laws of its own. The changes were: first, the
consolidation of old roads; second, the construction of new
ones in a great variety of conditions; third, and most
important, the development of traffic by cheap rates and new
methods. … Under all these influences the railroad mileage of
the world increased from 20,000 in 1850 to 66,000 in 1860,
137,000 in 1870, 225,000 in 1880, and [406,416 in
1893.—'Archiv für Eisenbahnwesen']. … Rapid as has been the
growth of the railroad mileage, traffic has kept pace with it.
It is estimated that the total number of tons moved in 1875
was about 800,000,000. At present [1885] it is about
1,200,000,000 annually, while the passenger movement has
increased from 1,400,000,000 to 2,400,000,000. If we could
take distance as well as quantity into account, the change
(for freight at any rate) would be still greater. To a certain
extent this increased intensity of use of railroads is due to
improvements in engineering; to a much greater extent it is
the result of improved business methods. … Between 1850 and
1880 rates were reduced on an average to about one half their
former figures, in spite of the advance in price of labor and
of many articles of consumption. A variety of means were made
to contribute to this result. The inventions of Bessemer and
others, by which it became possible to substitute steel rails
for iron, made it profitable for the railroads to carry larger
loads at a reduction in rates. Improvements in management
increased the effective use of the rolling stock, while the
consumption of fuel and the cost of handling were diminished.
By other changes in railroad economy it became possible to
compete for business of every kind, with the best canals or
with natural water-courses. The railroad rates of to-day are
but a small fraction of the canal charges of two generations
ago; while in volume of business, speed, and variety of use
there is an inestimable advance."
_A. T. Hadley,
Railroad Transportation,
chapter 1._
"The railway mileage in the United States on June 30, 1893,
was 176,461.07 miles. This shows an increase during the year
of 4,897.55 miles, being an increase of 2.80 per cent. The
previous report showed an increase during the year ending June
30, 1892, of 3,160.78, being an increase of 1.88 per cent over
the mileage of the year 1891. The rate of increase from 1886
to 1887 was 9.08 per cent; from 1887 to 1888, 6.05 per cent;
from 1888 to 1889, 3.22 per cent; from 18139 to 1890, 4.78 per
cent; and from 1890 to 1891, 2.94 per cent. … The total number
[of men] in the service of railways in the United States on
June 30, 1893, was 873,602, being an increase of 52,187 over
the number employed the previous year."
_Interstate Commerce Commission,
Statistics of Railways, 1883
pages 11 and 31_.
----------COMMERCE: End--------
COMMON LAW, History of.
See LAW (page 1956).
COMMUNISM.
See SOCIAL MOVEMENTS (page 2932).
COMPURGATION, Disappearance of.
See LAW, CRIMINAL: A. D. 1166 (page 1981).
CONGO STATE, The.
See (in this Supplement) AFRICA.
{3727}
CONNECTICUT, Early provision for education in.
See EDUCATION, MODERN (page 729).
CONNECTICUT BLUE LAWS.
See (in this Supplement) BLUE LAWS.
CONSTANTINOPLE: LIBRARIES.
See LIBRARIES, ANCIENT (page 2006).
Mediæval Commerce.
See (in this Supplement) COMMERCE, MEDIÆVAL.
----------CONSTITUTION OF BELGIUM: Start--------
On page 2304 of this work, under NETHERLANDS (BELGIUM): A. D.
1892-1893, there is given some account of the revision of the
constitution of the kingdom, in 1893, and the peculiar new
features introduced in its provisions, relative to the
elective franchise. The following is a translation of the text
of the revised constitution:
Title I.
Of the Territory and of its Divisions.
Article 1.
Belgium is divided into provinces, these provinces are:
Antwerp, Brabant, Western Flanders, Eastern Flanders, Hainaut,
Liège, Limburg, Luxemburg, Namur. It is the prerogative of
law, if there is any reason, to divide the territory into a
larger number of provinces. Colonies, possessions beyond the
seas or protectorates which Belgium may acquire, are governed
by particular laws. The Belgian forces appointed for their
defense can only be recruited by voluntary enlistment.
Article 2.
The subdivisions of the provinces can be established only by
law.
Article 3.
The boundaries of the State, of the provinces and of the
communes can be changed or rectified only by a law.
Title II.
Of the Belgians and their Rights.
Article 4.
The title Belgian is acquired, preserved and lost according to
the regulations determined by civil law. The present
Constitution, and other laws relating to political rights,
determine what are, in addition to such title, the conditions
necessary for the exercise of these rights.
Article 5.
Naturalization is granted by the legislative power. The great
naturalization, alone, assimilates the foreigner to the
Belgian for the exercise of political rights.
Article 6.
There is no distinction of orders in the State. Belgians are
equal before the law; they alone are admissible to civil and
military offices, with such exceptions as may be established
by law in particular cases.
Article 7.
Individual liberty is guaranteed. No person can be prosecuted
except in the cases provided for by law and in the form which
the law prescribes. Except in the case of flagrant
misdemeanor, no person can be arrested without the order of a
judge, which must be served at the time of the arrest, or, at
the latest, within twenty-four hours.
Article 8.
No person can be deprived, against his will, of the judge
assigned to him by law.
Article 9.
No punishment can be established or applied except by
provision of law.
Article 10.
The domicile is inviolable; no domiciliary visit can be made
otherwise than in the cases provided for by law and in the
form which it prescribes.
Article 11.
No person can be deprived of his property except for public
use, in the cases and in the manner established by law, and
with prior indemnity.
Article 12.
The penalty of confiscation of goods cannot be imposed.
Article 13.
Civil death is abolished; it cannot be revived.
Article 14.
Religious liberty, public worship, and freedom of expressed
opinion in all matters are guaranteed, with a reserve for the
repression of offenses committed in the exercise of these
liberties.
Article 15.
No person can be compelled to join, in any manner whatsoever,
in the acts and ceremonies of any worship, nor to observe its
days of rest.
Article 16.
The State has no right to interfere in the appointment nor in
the installation of the ministers of any religion, nor to
forbid them to correspond with their superiors and to publish
their acts under the ordinary responsibility of publication.
Civil marriage shall always precede the nuptial benediction,
with the exceptions to be prescribed by law in case of need.
Article 17.
Teaching is free; all preventive measures are forbidden; the
repression of offenses is regulated only by law. Public
instruction given at the expense of the State is also
regulated by law.
Article 18.
The press is free; censorship can never be re-established;
caution-money from writers, editors or printers cannot be
required. When the author is known and is a resident of
Belgium, the editor, the printer or the distributor cannot be
prosecuted.
Article 19.
Belgians have the right to meet peaceably and without arms, in
conformity with such laws as may regulate the use of their
right but without the requirement of a previous authorization.
This stipulation does not apply to open air meetings, which
remain entirely subject to police regulations.
Article 20.
Belgians have the right of association; this right cannot be
subject to any preventive measure.
Article 21.
It is the right of every person to address to the public
authorities petitions signed by one or several. The
constituted authorities alone have the right to address
petitions in a collective name.
Article 22.
The secrecy of correspondence is inviolable. The law
determines who are the agents responsible for violation of the
secrecy of letters confided to the post.
Article 23.
The use of the languages spoken in Belgium is optional; it can
be prescribed only by law, and only for acts of public
authority and for judicial transactions.
Article 24.
No previous authorization is necessary for the undertaking of
proceedings against public officials, on account of acts in
their administration, except that which is enacted concerning
ministers.
Title III. Of Powers.
Article 25.
All powers are derived from the nation. They are exercised in
the manner prescribed by the Constitution.
{3728}
Article 26.
Legislative power is exercised collectively by the King, the
Chamber of Representatives and the Senate.
Article 27.
The initiative belongs to each one of the three branches of
the legislative power. Nevertheless, all laws relating to the
revenue or to the expenditures of the State, or to the
contingent of the army must be voted first by the Chamber of
Representatives.
Article 28.
The interpretation of laws by authority belongs only to the
legislative power.
Article 29.
The executive power, as regulated by the Constitution, belongs
to the King.
Article 30.
The judicial power is exercised by the courts and tribunals.
Decrees and judgments are executed in the name of the King.
Article 31.
Interests exclusively communal or provincial, are regulated by
the communal or provincial councils, according to the
principles established by the Constitution.
Chapter First.—Of The Chambers.
Article 32.
Members of both Chambers represent the nation, and not merely
the province or the subdivision of province which has elected
them.
Article 33.
The sittings of the Chambers are public. Nevertheless, each
Chamber forms itself into a secret committee on the demand of
its president or of ten members. It then decides by absolute
majority whether the sitting on the same subject shall be
resumed publicly.
Article 34.
Each Chamber verifies the powers of its members and decides
all contests on the subject that may arise.
Article 35.
No person can be at the same time a member of both Chambers.
Article 36.
A member of one of the two Chambers who is appointed by the
government to any salaried office, except that of minister,
and who accepts the same, ceases immediately to sit, and
resumes his functions only by virtue of a new election.
Article 37.
At every session, each Chamber elects its president and its
vice-presidents and forms its bureau.
Article 38.
Every resolution is adopted by the absolute majority of the
votes, excepting as may be directed by the rules of the
Chambers in regard to elections and presentations. In case of
an equal division of votes, the proposition brought under
deliberation is rejected. Neither of the two Chambers can
adopt a resolution unless the majority of its members is
present.
Article 39.
Votes are given by the voice or by sitting and rising; on
"l'ensemble des lois" the vote is always taken by the call of
the roll of names. Elections and presentations of candidates
are made by ballot.
Article 40.
Each Chamber has the right of inquiry [or investigation].
Article 41.
A bill can be passed by one of the Chambers only after having
been voted article by article.
Article 42.
The Chambers have the right to amend and to divide the
articles and the amendments proposed.
Article 43.
The presenting of petitions in person to the Chambers is
forbidden. Each Chamber has the right to refer to ministers
the petitions that are addressed to it. Ministers are required
to give explanations whenever the Chamber requires them.
Article 44.
No member of either Chamber can be prosecuted or called to
account for opinions expressed or votes given by him in the
performance of his duties.
Article 45.
No member of either Chamber can be prosecuted or arrested in
affairs of repression, during the session, without the
authorization of the Chamber of which he is a member, except
the case be "de flagrant delit." No bodily constraint can be
exercised against a member of either Chamber during the
session, except with the same authorization. The detention or
the prosecution of a member of either Chamber is suspended
during the whole session if the Chamber so requires.
Article 46.
Each Chamber determines by its rules the mode in which it will
exercise its powers.
Section I.—Of the Chamber of Representatives.
Article 47.
Deputies to the Chamber of Representatives are elected
directly under the following conditions: A vote is conferred
on citizens who have completed their 25th year, who have
resided for at least one year in the same commune, and who are
not within one of the cases of exclusion provided for by law.
A supplementary vote is conferred on each citizen who fulfills
one of the following conditions:
1. To have completed 35 years of age, to be married, or to be
a widower having legitimate offspring, and to pay to the State
a tax of not less than 5 francs on account of dwelling-houses
or buildings occupied, unless exempted by reason of his
profession.
2. To have completed the age of 25 years and to be owner:
Either of real property, valued at not less than 2,000 francs
to be rated on the basis of the "revenu cadastral," or of a
"revenu cadastral" proportioned to that value; Or of an
inscription in the great book of the public debt, or of a
"carnet de rente Belge" at the savings bank of at least 100
francs of "rente." The inscriptions and bank books must have
belonged to the incumbent for at least two years and a half.
The property of the wife is assigned to the husband; that of
children under age, to the father. Two supplementary votes are
assigned to citizens fully 25 years of age who are included in
one of the following cases: A. To be the holder of a diploma
of higher instruction or of a similar certificate of
attendance on a complete course of medium instruction of the
higher degree, without distinction between public and private
establishments. B. To fill or to have filled a public office,
to occupy or to have occupied a position, to practise or to
have practised a private profession, which implies the
supposition that the titulary has at least an average
education of the higher degree. The law determines these
functions, positions and professions, as well as, in given
cases, the time during which they shall have been occupied or
practised. No person can accumulate more than three votes.
Article 48.
The constitution of the electoral colleges is regulated by law
for each province. The vote is obligatory and takes place in
the commune with exceptions to be determined by law.
Article 49.
The electoral law fixes the number of deputies according to
the population; this number cannot exceed the proportion of a
deputy for 40,000 inhabitants. It determines also the
qualifications of an elector and the mode of the electoral
operations.
{3729}
Article 50.
To be eligible, it is necessary:
1. To be a Belgian by birth or to have received the "grand
naturalization";
2. To enjoy civil and political rights;
3. To have completed 25 years of age;
4. To reside in Belgium.
No other condition of eligibility can be required.
Article 51.
The members of the Chamber of Representatives are elected for
four years. Half of them are changed every two years,
according to the order of the series determined by the
electoral law. In case of dissolution, the Chamber is entirely
renewed.
Article 52.
Each member of the Chamber of Representatives receives a
yearly indemnity of 4,000 francs. He is, besides, entitled to
free travel on the State railways and on the "conceded"
railways, from his residence to the city where the session is
held.
Section II.—Of the Senate.
Article 53.
The Senate is composed:
1. Of members elected in proportion to the population of each
province, conformably to Article 47; though the law may
require that the electors shall be 30 years of age, the
provisions of Article 48 are applicable to the election of
these senators.
2. Of members elected by the provincial councils, to the
number of two from each province having less than 500,000
inhabitants, of three from each province having from 500,000
to 1,000,000 of inhabitants, and of four from each province
having more than one million of inhabitants.
Article 54.
The number of senators elected directly by the electoral body
is equal to half the number of the members of the Chamber of
Representatives.
Article 55.
Senators are elected for eight years; half of them are changed
every four years, according to the order of the series
determined by the electoral law. In case of dissolution, the
Senate is entirely renewed.
Article 56.
To be eligible for election and to remain a senator, it is
necessary:
1. To be a Belgian by birth or to have received the "grande
naturalization";
2. To enjoy civil and political rights;
3. To reside in Belgium;
4. To be at least 40 years of age;
5. To pay into the treasury of the State at least 1,200 francs
of direct taxes, patents included; Or to be either proprietor
or usufructuary of real property situated in Belgium, the
cadastral revenue from which is at least 12,000 francs. In the
provinces where the number of those eligible does not attain
the proportion of one in 5,000 inhabitants, the list is
completed by adding the heaviest tax-payers of the province to
the extent of that proportion. Citizens whose names are
inscribed on the complementary list are eligible only in the
province where they reside.
Article 56 bis.
Senators elected by the provincial councils are exempted from
all conditions of census; they cannot belong to the assembly
which elects them, nor can they have been a member of it
during the year of the election, nor during the two previous
years.
Article 57.
Senators receive neither salary nor indemnity.
Article 58.
The King's sons, or in their absence the Belgian Princes of
the branch of the Royal family called to reign, are by right
senators at 18 years of age. They have a deliberative voice
only at 25 years of age.
Article 59.
Any assembly of the Senate which may be held outside the time
of the session of the Chamber of Representatives is null and
void.
Chapter II.—Of the King and his Ministers.
Section II.—Of the King.
Article 60.
The constitutional powers of the King are hereditary in the
direct, natural and legitimate descent from His Majesty
Leopold-George-Christian-Frederick of Saxe-Coburg, from male
to male, by order of primogeniture, and to the perpetual
exclusion of the females of their line. The prince who marries
without the consent of the King or of those who, in his
absence, exercise his powers, in the cases provided for by the
Constitution, shall forfeit his rights. Nevertheless he can be
restored to his rights by the King or by those who, in his
absence, exercise his authority in the cases provided for by
the Constitution, with the consent of both Chambers.
Article 61.
In default of male descendants of his Majesty
Leopold-George-Christian-Frederick of Saxe-Coburg, the King
can name his successor, with the assent of the Chambers,
expressed in the manner prescribed by the following article.
If no nomination has been made according to the proceeding
here stated, the throne will be vacant.
Article 62.
The King cannot be, at the same time, the chief of another
State, without the consent of both Chambers. Neither of the
two Chambers can deliberate on this subject if two-thirds at
least of the members who compose it are not present, and the
resolution is adopted only if it receives two-thirds at least
of the votes cast.
Article 63.
The person of the King is inviolable; his ministers are
responsible.
Article 64.
No act of the King can have effect if it is not countersigned
by a minister, who, thereby, makes himself responsible.
Article 65.
The King appoints and dismisses his ministers.
Article 66.
He confers the grades in the army. He appoints to the offices
of general administration and of foreign relations, with the
exceptions determined by law. He appoints to other offices
only by virtue of express provisions of a law.
Article 67.
He makes the regulations and decrees necessary to the
execution of the laws, without power to suspend the laws
themselves, nor to exempt from their execution.
Article 68.
The King commands the land and naval forces, declares war,
makes treaties of peace, of alliance, and of commerce. He
announces them to the Chambers as soon as the interest and the
safety of the State admit of it, adding to them appropriate
communications. Treaties of commerce and those which might
burden the State or bind Belgians individually become
effective only after having received the approval of the
Chambers. No cession, nor exchange, nor addition of territory
can take place without authority of a law. In no case can the
secret articles of a treaty be destructive to the open
articles.
Article 69.
The King sanctions and promulgates the laws.
Article 70.
The Chambers meet by right every year, on the 2d Tuesday in
November, unless previously summoned by the King. The Chambers
must remain in session at least 40 days in each year. The King
declares the closing of the session. The King has the right to
call extra sessions of the Chambers.
{3730}
Article 71.
The King has the right to dissolve the Chambers, either
simultaneously or separately; the act of dissolution to
contain a convocation of the electors within forty days and of
the Chambers within two months.
Article 72.
The King may adjourn the Chambers. The adjournment, however,
cannot exceed the term of one month, nor be renewed in the
same session, without the consent of the Chambers.
Article 73.
He has the right to remit or to reduce penalties pronounced by
the judges, except those which are enacted concerning the
ministers.
Article 74.
He has the right to coin money, in execution of the law.
Article 75.
He has the right to confer titles of nobility, without power
to attach any privilege to them.
Article 76.
He confers the military orders, observing in that regard what
the law prescribes.
Article 77.
The law fixes the civil list for the duration of each reign.
Article 78.
The King has no other powers than those formally conferred on
him by the Constitution, and by laws enacted pursuant to the
Constitution.
Article 79.
On the death of the King, the Chambers meet without
convocation, not later than the tenth day after that of his
decease. If the Chambers had been previously dissolved, and if
the convocation had been fixed in the act of dissolution for a
later date than the tenth day, the old Chambers resume their
functions until the meeting of those which are to take their
place. If one Chamber only had been dissolved, the same rule
is followed with regard to that Chamber. From the death of the
King and until his successor on the throne or the regent has
taken the oath, the constitutional powers of the King, are
exercised, in the name of the Belgian nation, by the ministers
assembled in council and under their responsibility.
Article 80.
The King is of age when he has completed his 18th year. He
takes possession of the throne only after having solemnly
taken, in the midst of the Chambers assembled together, the
following oath: "I swear to observe the Constitution and the
laws of the Belgian people, to maintain the national
independence and to preserve the integrity of the territory."
Article 81.
If, on the death of the King, his successor is a minor, both
Chambers meet in one body for the purpose of providing for the
regency and the guardianship.
Article 82.
If it is impossible for the King to reign, the ministers,
after having caused that inability to be established, convoke
the Chambers immediately. Guardianship and regency are to be
provided for by the Chambers convened.
Article 83.
The regency can be conferred on one person only. The regent
enters upon his duties only after he has taken the oath
prescribed by Article 80.
Article 84.
No change can be made in the Constitution during a regency.
Article 85.
In case of a vacancy on the throne, the Chambers deliberating
together, arrange provisionally for the regency until the
meeting of new Chambers, that meeting to take place within two
months, at the latest. The new Chambers deliberating together
provide definitely for the vacancy.
Section II.—Of the Ministers.
Article 86.
No person can be a minister who is not a Belgian by birth, or
who has not received the "grande naturalization."
Article 87.
No member of the royal family can be a minister.
Article 88.
Ministers have a deliberative voice in either Chamber only
when they are members of it. They have free admission into
each Chamber and must have a hearing when they ask for it. The
Chambers may require the presence of ministers.
Article 89.
In no case, can the order of the King, verbal or written,
relieve a minister of responsibility.
Article 90.
The Chamber of Representatives has the right to accuse
ministers and to arraign them before the Court of Cassation
[Appeal], which alone has the right to judge them, the united
Chambers reserving what may be enacted by law concerning civil
action by a party wronged, and as to crimes and misdemeanors
which ministers may have committed outside of the performance
of their duties. A law shall determine the cases of
responsibility, the penalties to be inflicted on the
ministers, and the manner of proceeding against them, either
upon the accusation admitted by the Chamber of
Representatives, or upon prosecution by parties wronged.
Article 91.
The King may pardon a minister sentenced by the Court of
Cassation only upon the request of one of the two Chambers.
Chapter III.—Of the Judiciary Power.
Article 92.
Contests concerning civil rights are exclusively within the
jurisdiction of the tribunals.
Article 93.
Contests concerning political rights are within the
jurisdiction of the tribunals, with exceptions determined by
law.
Article 94.
No tribunal can be established otherwise than by law. Neither
commissions nor extraordinary tribunals, under any
denomination whatever, can be created.
Article 95.
There is for the whole of Belgium one Court of Cassation. This
Court does not consider the ground of causes, except in the
judgment of ministers.
Article 96.
Sittings of the tribunals are public, unless such publicity be
dangerous to order or morals, and in that case the tribunal
declares it by a judgment. In the matter of political or press
offenses, the exclusion of the public must be voted
unanimously.
Article 97. The ground of every judgment is to be stated. It
is pronounced in public sitting.
Article 98.
The jury is established in all criminal cases, and for
political and press offenses.
Article 99.
The judges of the peace and judges of the tribunals are
appointed directly by the King. Councillors of the Courts of
appeal and presidents and vice-presidents of the courts of
original jurisdiction are appointed by the King, from two
double lists, presented, one by those courts and the other by
the provincial Councils. Councillors of the Court of Cassation
are appointed by the King from two double lists, one presented
by the Senate and the other by the Court of Cassation. In
these two cases the candidates whose names are on one list may
also be inscribed on the other. All presentations are made
public at least fifteen days before the appointment. The
courts choose their presidents and vice-presidents from among
their members.
{3731}
Article 100.
Judges are appointed for life. No judge can be deprived of his
position or suspended, except by a judgment. The displacement
of a judge can take place only through a new appointment and
with his consent.
Article 101.
The King appoints and dismisses the public prosecutors to the
courts and tribunals.
Article 102.
The salaries of the members of the judicial order are fixed by
law.
Article 103.
No judge may accept salaried offices from the government
unless he exercises them gratuitously, and excluding the cases
of incompatibility defined by law.
Article 104.
There are three courts of appeal in Belgium. The law
determines their jurisdiction and the places in which they
shall be established.
Article 105.
Special enactments regulate the organization of military
courts, their powers, the rights and obligations of the
members of such courts, and the duration of their functions.
There are tribunals of commerce in the places determined by
law, which regulate their organization, their powers, the mode
of appointment of their members and the term of the latters'
duties.
Article 106.
Conflicts of jurisdiction are settled by the Court of
Cassation, according to proceedings regulated by law.
Article 107.
Courts and tribunals shall apply general, provincial and local
decisions and regulations only so far as they are conformable
to the laws.
Chapter IV.—Of Provincial and Communal Institutions.
Article 108.
Provincial and communal institutions are regulated by the
laws. These laws sanction the application of the following
principles:
1. Direct election, with the exceptions which the law may
establish in regard to the chiefs of communal administration
and the government commissioners to the provincial councils;
2. The assigning to provincial and communal councils of all
which is of provincial and communal interest without prejudice
to the approval of their acts in the cases and according to
the proceedings which law determines;
3. The publicity of the sittings of the provincial and
communal councils within the limits established by law;
4. The publicity of budgets and accounts;
5. The intervention of the King' or of the legislative power
to prevent the provincial and communal councils from going
beyond their powers and injuring the general welfare.
Article 109.
The drawing up of certificates of birth, marriage and death,
and the keeping of the registers, are the exclusive
prerogatives of communal authorities.
Title IV. Of the Finances.
Article 110.
No tax for the profit of the State can be imposed otherwise
than by a law. No charge or provincial assessment can be
imposed without the consent of the provincial council. No
charge or communal assessment can be imposed, without the
consent of the communal council. The law must determine those
exceptions of which experience will show the necessity in the
matter of provincial and communal impositions.
Article 111.
Taxes for the profit of the State are voted annually. The laws
which impose them are valid for one year only, unless renewed.
Article 112.
There can be no creation of privilege in the matter of taxes.
No exemption from nor diminution of taxes can be established
otherwise than by a law.
Article 113.
Beyond the cases expressly excepted by law, no payment can be
exacted from citizens, otherwise than in taxes levied for the
profit of the State, of the province, or of the commune. No
innovation is made on the actually existing system of the
polders and the wateringen, which remain subject to the
ordinary legislation.
Article 114.
No pension, nor gratuity at the expense of the public treasury
can be granted without authority of law.
Article 115.
Each year, the Chambers determine the law of accounts and vote
the budget. All the receipts and expenditures of the State
must be entered in the budget and in the accounts.
Article 116.
The members of the court of accounts are appointed by the
Chamber of Representatives and for the term fixed by law. That
court is intrusted with the examination and the settlement of
the accounts of the general administration and of all the
accountants for the public treasury. It sees that no article
of the expenses of the budget has been exceeded and that no
transfer has taken place. It determines the accounts of the
different administrations of the State and is required for
that purpose to gather all information, and all documents that
may be necessary. The general account of the State is
submitted to the Chambers with the observations of the court
of accounts. This court is organized by law.
Article 117.
The salaries and pensions of the ministers of religion are
paid by the State; the sums required to meet these expenses
are entered annually in the budget.
Title V. Of the Army.
Article 118.
The mode of recruiting the army is determined by law. The law
also regulates promotions, and the rights and obligations of
the military.
Article 119.
The contingent of the army is voted annually. The law that
fixes it is of force for one year only, unless renewed.
Article 120.
The organization and the powers of the gendarmerie are the
subject of a law.
Article 121.
No foreign troops can be admitted to the service of the State,
nor to occupy or pass through its territory, except by
provision of law.
Article 122.
There is a civic guard; its organization is regulated by law.
The officers of all ranks, up to that of captain at least, are
appointed by the guards with exceptions judged necessary for
the accountants.
Article 123.
The mobilization of the civic guard can occur only by
direction of law.
{3732}
Article 124.
Military men can be deprived of their grades, honors, and
pensions only in the manner determined by law.
Title VI. General Provisions.
Article 125.
The Belgian nation adopts the colors red, yellow and black,
and for the arms of the kingdom the Belgic lion with the
motto: "L'Union fait la Force" ["Union is Strength"].
Article 126.
The city of Brussels is the capital of Belgium and the scat of
its government.
Article 127.
No oath can be imposed except by law. The law also determines
its formula.
Article 128.
Any foreigner who is within the territory of Belgium enjoys
the protection accorded to persons and goods, with the
exceptions defined by law.
Article 129.
No law, decree, or administrative regulation, general,
provincial, or communal, is obligatory until it has been
published in the form prescribed by law.
Article 130.
The Constitution cannot be suspended, either wholly or in
part.
Title VII. Of the Revision of the Constitution.
Article 131.
The legislative power has the right to declare that there is
occasion for revising such constitutional provision as it
designates. After such declaration, the two Chambers are
dissolved. Two new Chambers shall then be convoked, in
conformity with Article 71. These Chambers act, in concurrence
with the King, on the points submitted for revision. In such
case, the Chambers cannot deliberate unless two-thirds at
least of the members composing each one of them are present,
and no change which does not receive at least two-thirds of
the votes in its favor shall be adopted.
Title VIII.—Temporary Provisions.
Article 132.
For the first choice of the chief of the State, the first
stipulation of Article 80 may be departed from.
Article 133.
Foreigners who settled in Belgium before the 1st of January
1814, and who have continued to reside in the country, are
considered as Belgians by birth, on condition that they
declare their intention to enjoy the benefit of this
provision. The declaration must be made within six months,
dating from the day when the present Constitution becomes
obligatory, if they are of age, and in the year following
their majority if they are under age. The declaration must be
made before the provincial authority within whose jurisdiction
they reside. It must be made in person or through a
representative bearing a special and authentic power of
attorney.
Article 134.
Until otherwise provided for by a law, the Chamber of
Representatives shall have a discretionary power to accuse a
minister, and the Court of Cassation to judge him,
characterizing the offense and determining the penalty.
Nevertheless the penalty cannot exceed that of imprisonment,
without prejudice to the cases expressly provided for by penal
laws.
Article 135.
The staff of courts and tribunals is maintained as it actually
exists, until it shall have been provided for by law. Such law
shall be enacted during the first legislative session.
Article 136.
A law enacted in the same session shall determine the mode of
the first appointment of members of the Court of Cassation.
Article 137.
The fundamental law of the 24th of August 1815, is hereby
repealed, as well as the provincial and local statutes; but
the provincial and local authorities will exercise their
powers until the law shall have otherwise provided.
Article 138.
From the day on which this Constitution goes into effect, all
laws, decrees, decisions, regulations, and other acts that are
in conflict with it are abrogated.
Supplementary Provisions.
Article 139.
The National Congress declares that it is necessary to provide
by separate laws and with the least possible delay for the
following objects:
1. The Press;
2. The organization of the jury;
3. The finances;
4. Provincial and communal organization;
5. The responsibility of ministers and
other agents of authority;
6. The organization of the judiciary;
7. The revision of the pension list;
8. Proper measures for preventing the
abuse of plurality of offices;
9. Revision of the laws of bankruptcy and suspension;
10. The organization of the army, the rights of
promotion and retirement, and the military penal code;
11. Revision of the codes.
The executive power is charged with the execution of the
present decree.
----------CONSTITUTION OF BELGIUM: End--------
----------CONSTITUTION OF ITALY: Start--------
The kingdom of Italy is still governed under the constitution
which was granted in 1848, by Charles Albert, to his Sardinian
subjects. It remains unchanged in form, but in practice has
been modified by legislation. The following translation of the
instrument, made by S. M. Lindsay, Ph. D., and L. S. Howe, Ph.
D., University of Pennsylvania, is borrowed, under permission,
from the:
_"Annals of the American Academy
of Political and Social Science,"
November, 1894, Supplement._
In their historical introduction to the instrument, the
translators say: "The extension of this constitution to the
various parts of the present Kingdom of Italy was effected by
a series of Plebiscites:
Lombardy, December 7, 1859;
Emilia by decree of March 18, 1860, and law of April 15, 1860;
Neapolitan Provinces, December 17, 1860;
Tuscany, decree March 22, and law April 15, 1860;
Sicily, Marches and Umbria, December 17, 1860;
Province of Venice, decree July 28, 1866;
Roman Provinces, decree October 9 and law December 31, 1870.
… Although no provision is to be found in this constitution
for amendment, most Italian constitutional jurists have held
that Parliament, with the approval of the King, has the power
to make laws amending the constitution, for an immutable
constitution is sure in time to hamper the development of a
progressive people. It is hardly necessary to add that such an
instrument is contrary to the true conception of an organic
law.
{3733}
As a matter of fact several provisions have been either
abrogated or rendered null and void through change of
conditions. Thus the second clause of Article 28, requiring
the previous consent of the bishop for the printing of Bibles,
prayer books and catechisms, has been rendered of no effect
through subsequent laws regulating the relations of Church and
State. Article 76, which provides for the establishment of a
communal militia, has been abrogated by the military law of
June 14, 1874. The fact that no French-speaking provinces now
form part of the kingdom has made Article 62 a dead-letter. So
also Articles 53 and 55 are no longer strictly adhered to. At
all events their observance has been suspended for the time
being."
The translated text of the Constitution is as follows:
(Charles Albert, by the Grace of God, King of Sardinia, Cyprus
and Jerusalem, Duke of Savoy, Genoa, Monferrato, Aosta, of the
Chiablese, Genovese and of Piacenza; Prince of Piedmont and
Oneglia; Marquis of Italy, Saluzzo, Ivrea, Susa, Ceva, of the
Maro, of Oristano, of Cesana and Savona; Count of Moriana,
Geneva, Nice, Trenda, Romonte, Asti, Alexandria, Goceano,
Novara, Tortona, Vigevano and of Bobbio; Baron of Vaud and
Faucigny; Lord of Vercelli, Pinerolo, Tarantasia, of the
Lomellina and of the Valley of Sesia, etc., etc., etc.) With
the fidelity of a king and the affection of a father, we are
about to-day to fulfill all that we promised our most beloved
subjects in our proclamation of the eighth of last February,
whereby we desired to show, in the midst of the extraordinary
events then transpiring throughout the country, how much our
confidence in our subjects increased with the gravity of the
situation, and how, consulting only the impulse of our heart,
we had fully determined to make their condition conform to the
spirit of the times and to the interests and dignity of the
nation. We, believing that the broad and permanent
representative institutions established by this fundamental
statute are the surest means of cementing the bonds of
indissoluble affection that bind to our crown a people that
has so often given us ample proof of their faithfulness,
obedience and love, have determined to sanction and promulgate
this statute. We believe, further, that God will bless our
good intentions, and that this free, strong and happy nation
will ever show itself more deserving of its ancient fame and
thus merit a glorious future. Therefore, we, with our full
knowledge and royal authority and with the advice of our
Council, have ordained and do hereby ordain and declare in
force the fundamental perpetual and irrevocable statute and
law of the monarchy as follows:
Article 1.
The Catholic, Apostolic and Roman religion is the only
religion of the State.
See Law of the Papal Guarantees,
under PAPACY: A. D. 1870 (page 2478)].
Other cults now existing are tolerated conformably to the law.
Article 2.
The State is governed by a representative monarchical
government, and the throne is hereditary according to the
Salic law.
Article 3.
The legislative power shall be exercised collectively by the
King and the two Chambers, the Senate and the Chamber of
Deputies.
Article 4.
The person of the King is sacred and inviolable.
Article 5.
To the King alone belongs the executive power. He is the
supreme head of the State; commands all land and naval forces;
declares war; makes treaties of peace, alliance, commerce and
other treaties, communicating them to the Chambers as soon as
the interest and security of the State permits, accompanying
such notice with opportune explanations; provided that
treaties involving financial obligations or change of State
territory shall not take effect until they have received the
consent of the Chambers.
Article 6.
The King appoints to all the offices of the State and makes
the necessary decrees and regulations for the execution of the
laws, provided that such decrees do not suspend or modify
their observance.
Article 7.
The King alone sanctions and promulgates the laws.
Article 8.
The King may grant pardons and commute sentences.
Article 9.
The King convokes the two Chambers each year. He may prorogue
their sessions and dissolve the Chamber of Deputies, in which
case he shall convoke a new Chamber within a period of four
months.
Article 10.
The initiative in legislation belongs both to the King and the
two Houses. All bills, however, imposing taxes or relating to
the budget shall first be presented to the Chamber of
Deputies.
Article 11.
The King shall attain his majority upon completion of his
eighteenth year.
Article 12.
During the King's minority, the Prince who is his nearest
relative in the order of succession to the throne, shall be
regent of the realm, provided he be twenty-one years of age.
Article 13.
Should the Prince upon whom the regency devolves be still in
his minority and this duty pass to a more distant relative,
the regent who actually takes office shall continue in the
same until the King becomes of age.
Article 14.
In the absence of male relatives, the regency devolves upon
the Queen-Mother.
Article 15.
In the event of the prior decease of the Queen-Mother, the
regent shall be elected by the legislative Chambers, convoked
within ten days by the Ministers of the Crown.
Article 16.
The preceding provisions in reference to the regency are also
applicable in case the King has attained his majority, but is
physically incapable of reigning. Under such circumstances, if
the heir presumptive to the throne be eighteen years of age,
be shall be regent of full right.
Article 17.
The Queen-Mother has charge of the education of the King until
he has completed his seventh year; from this time on his
guardianship passes into the hands of the regent.
Article 18.
All rights pertaining to the civil power in matters of
ecclesiastical benefices and in the execution of all
regulations whatsoever coming from foreign countries shall be
exercised by the King.
Article 19.
The civil list of the Crown shall remain, during the present
reign, at an amount equal to the average of the same for the
past ten years. The King shall continue to have the use of the
royal palaces, villas, gardens and their appurtenances, and
also of all chattels intended for the use of the Crown, of
which a speedy inventory shall be made by a responsible
ministerial department. In the future the prescribed dotation
of the Crown shall be fixed for the duration of each reign by
the first Legislature subsequent to the King s accession to
the throne.
{3734}
Article 20.
The property that the King possesses in his own right, shall
form his private patrimony, together with that to which he may
acquire title either for a consideration or gratuitously in
the course of his reign. The King may dispose of his private
patrimony either by deed or will exempt from the provisions of
the civil law as to the amount thus disposable. In all other
cases, the King's patrimony is subject to the laws that govern
other property.
Article 21.
The law shall provide an annual civil list for the heir
apparent to the throne when he has attained his majority, and
also earlier on occasion of his marriage; for the allowances
of the Princes of the royal family and royal blood within the
specified conditions; for the dowries of the Princesses and
for the dowries of the Queens.
Article 22.
Upon ascending the throne, the King shall take an oath in the
presence of the two Chambers to observe faithfully the present
constitution.
Article 23.
The regent, before entering on the duties of that office,
shall swear fidelity to the King and faithful observance of
this constitution and of the laws of the State.
Article 24.
All the inhabitants of the Kingdom, whatever their rank or
title, shall enjoy equality before the law. All shall equally
enjoy civil and political rights and be eligible to civil and
military office, except as otherwise provided by law.
Article 25.
All shall contribute without discrimination to the burdens of
the State, in proportion to their possessions.
Article 26.
Individual liberty is guaranteed. No one shall be arrested or
brought to trial except in cases provided for and according to
the forms prescribed by law.
Article 27.
The domicile shall be inviolable. No house search shall take
place except in the enforcement of law and in the manner
prescribed by law.
Article 28.
The press shall be free, but the law may suppress abuses of
this freedom. Nevertheless, Bibles, catechisms, liturgical and
prayer books shall not be printed without the previous consent
of the bishop.
Article 29.
Property of all kinds whatsoever shall be inviolable. In all
cases, however, where the public welfare, legally ascertained,
demands it, property may be condemned and transferred in whole
or in part after a just indemnity has been paid according to
law.
Article 30.
No tax shall be levied or collected without the consent of the
Chambers and the sanction of the King.
Article 31.
The public debt is guaranteed. All obligations between the
State and its creditors shall be inviolable.
Article 32.
The right to peaceful assembly, without arms, is recognized,
subject, however, to the laws that may regulate the exercise
of this privilege in the interest of the public welfare. This
privilege is not applicable, however, to meetings in public
places or places open to the public, which shall remain
entirely subject to police law and regulation.
Article 33.
The Senate shall be composed of members, having attained the
age of forty years, appointed for life by the King, without
limit of numbers. They shall be selected from the following
categories of citizens:
1. Archbishops and Bishops of the State.
2. The President of the Chamber of Deputies.
3. Deputies after having served in three Legislatures, or
after six years of membership in the Chamber of Deputies.
4. Ministers of State.
5. Secretaries to Ministers of State.
6. Ambassadors.
7. Envoys Extraordinary after three years of such service.
8. The First Presidents of the Courts
of Cassation and of the Chamber of Accounts.
9. The First Presidents of the Courts of Appeal.
10. The Attorney-General of the Courts of Cassation
and the Prosecutor-General, after five years of service.
11. The Presidents of the Chambers of the Courts of Appeal
after three years of service.
12. The Councillors of the Courts of Cassation and of the
Chamber of Accounts after five years of service.
13. The Advocates-General and Fiscals-General of the Courts
of Appeal after five years of service.
14. All military officers of the land and naval forces with
title of general. Major-generals and rear-admirals after five
years of active service in this capacity.
15. The Councillors of State after live years of service.
16. The members of the Councils of Division after three
elections to their presidency.
17. The Provincial Governors (Intendenti generali) after seven years of service.
18. Members of the Royal Academy of Science
of seven years standing.
19. Ordinary members of the Superior Council of Public
Instruction after seven years of service.
20. Those who by their services or eminent merit have done
honor to their country.
21. Persons who, for at least three years, have paid direct
property or occupation taxes to the amount of 3,000 lire.
Article 34.
The Princes of the Royal Family shall be members of the
Senate. They shall take rank immediately after the President.
They shall enter the Senate at the age of twenty-one and have
a vote at twenty-five.
Article 35.
The President and Vice-Presidents of the Senate shall be
appointed by the King, but the Senate chooses from among its
own members its secretaries.
Article 36.
The Senate may be constituted a High Court of Justice by
decree of the King for judging crimes of high treason and
attempts upon the safety of the State, also for trying
Ministers placed in accusation by the Chamber of Deputies.
When acting in this capacity, the Senate is not a political
body. It shall not then occupy itself with any other judicial
matters than those for which it was convened; any other action
is null and void.
Article 37.
No Senator shall be arrested except by virtue of an order of
the Senate, unless in cases of flagrant commission of crime.
The Senate shall be the sole judge of the imputed misdemeanors
of its members.
Article 38.
Legal documents as to births, marriages and deaths in the
Royal Family shall be presented to the Senate and deposited by
that body among its archives.
Article 39.
The elective Chamber is composed of deputies chosen by the
electoral colleges as provided by law.
{3735}
["The election law long in force was that of December 17,
1860, which was subsequently modified in July, 1875, and in
May, 1877. In January, 1882, a comprehensive electoral
reform was inaugurated by which the electoral age
qualification was reduced from twenty-five to twenty-one
years, and the tax qualification to an annual payment of
nineteen lire eighty centesimi as a minimum of direct
taxes. This law introduced a new provision requiring of
electors a knowledge of reading and writing. It is an
elaborate law of 107 articles. The provisions relating to
the elections by general ticket were further revised by law
of May and decree of June, 1882, and the text of the whole
law was co-ordinated with the preceding laws by Royal
Decree of September 24, 1882. It was again modified May
5th, 1891, by the abolition of elections on general tickets
and the creation of a Commission for the territorial
division of the country into electoral colleges. The number
of electoral colleges is at present fixed at 508, each
electing one Deputy. Twelve articles of this law of 1882,
as thus amended, have been again amended by a law dated
June 28, 1892, prescribing further reforms in the control
and supervision of elections, and by law of July 11, 1894,
on the revision of electoral and registration
lists."—Foot-note.]
Article 40.
No person shall be a member of the Chamber who is not a
subject of the King, thirty years of age, possessing all civil
and political rights and the other qualifications required by
law.
Article 41.
Deputies shall represent the nation at large and not the
several Provinces from which they are chosen. No binding
instructions may therefore be given by the electors.
Article 42.
Deputies shall be elected for a term of five years; their
power ceases ipso jure at the expiration of this period.
Article 43.
The President, Vice-presidents and Secretaries of the Chamber
of Deputies shall be chosen from among its own members at the
beginning of each session for the entire session.
Article 44.
If a Deputy ceases for any reason whatsoever to perform his
duties, the electoral college that chose him shall be convened
at once to proceed with a new election.
Article 45.
Deputies shall be privileged from arrest during the sessions,
except in cases of flagrant commission of crime; but no Deputy
may be brought to trial in criminal matters without the
previous consent of the Chamber.
Article 46.
No warrant of arrest for debts may be executed against a
Deputy during the sessions of the Chamber, nor within a period
of three weeks preceding or following the same.
["This article has been practically abolished by
the Mancini law of December 6, 1877, doing
away with personal arrest for debts."—Footnote.]
Article 47.
The Chamber of Deputies shall have power to impeach Ministers
of the Crown and to bring them to trial before the High Court
of Justice.
Article 48:
The sessions of the Senate and Chamber of Deputies shall begin
and end at the same time, and every meeting of one Chamber, at
a time when the other, is not in session, is illegal and its
acts wholly null and void.
Article 49.
Senators and Deputies before entering upon the duties of their
office shall take an oath of fidelity to the King and swear to
observe faithfully the Constitution and laws of the State and
to perform their duties with the joint welfare of King and
country as the sole end in view.
Article 50.
The office of Senator or Deputy does not entitle to any
compensation or remuneration.
Article 51.
Senators and Deputies shall not be held responsible in any
other place for opinions expressed or votes given in the
Chambers.
Article 52.
The sessions of the Chambers shall be public. Upon the written
request of ten members secret sessions may be held.
Article 53.
No session or vote of either Chamber shall be legal or valid
unless an absolute majority of its members is present.
[This article is not observed in actual parliamentary
practice.—Foot-note.]
Article 54.
The action of either Chamber on any question shall be
determined by a majority of the votes cast.
Article 55.
All bills shall be submitted to committees elected by each
House for preliminary examination. Any proposition discussed
and approved by one Chamber shall be transmitted to the other
for its consideration and approval; after passing both
Chambers it shall be presented to the King for his sanction.
Bills shall be discussed article by article.
Article 56.
Any bill rejected by one of the three legislative powers
cannot again be introduced during the same session.
Article 57.
Every person who shall have attained his majority has the
right to send petitions to the Chambers, which in turn must
order them to be examined by a committee; on report of the
committee each House shall decide whether they are to be taken
into consideration, and if voted in the affirmative, they
shall be referred to the competent Minister or shall be
deposited with a Government Department for proper action.
Article 58.
No petition may be presented in person to either Chamber. No
persons except the constituted authorities shall have the
right to submit petitions in their collective capacity.
Article 59.
The Chambers shall not receive any deputation, nor give
hearing to other than their own members and the Ministers and
Commissioners of the Government.
Article 60.
Each Chamber shall be sole judge of the qualifications and
elections of its own members.
Article 61.
The Senate as well as the Chamber of Deputies shall make its
own rules and regulations respecting its methods of procedure
in the performance of its respective duties.
Article 62.
Italian shall be the official language of the Chambers. The
use of French shall, however, be permitted to those members
coming from French-speaking districts and to other members in
replying to the same.
Article 63.
Votes shall be taken by rising, by division, and by secret
ballot. The latter method, however, shall always be employed
for the final vote on a law and in all cases of a personal
nature.
Article 64.
No one shall hold the office of Senator and Deputy at the same
time.
Article 65.
The King appoints and dismisses his ministers.
Article 66.
The Ministers shall have no vote in either Chamber unless they
are members thereof. They shall have entrance to both Chambers
and must be heard upon request.
Article 67.
The Ministers shall be responsible. Laws and decrees of the
government shall not take effect until they shall have
received the signature of a Minister.
{3736}
Article 68.
Justice emanates from the King and shall be administered in
his name by the judges he appoints.
Article 69.
Judges appointed by the King, except Cantonal or District
judges (di mandamento), shall not be removed after three years
of service.
Article 70.
Courts, tribunals and judges are retained as at present
existing. No modification shall be introduced except by law.
Article 71.
No one shall be taken from his ordinary legal jurisdiction. It
is therefore not lawful to create extraordinary tribunals or
commissions.
Article 72.
The proceedings of tribunals in civil cases and the hearings
in criminal cases shall be public as provided by law.
Article 73.
The interpretation of the laws, in the form obligatory upon
all citizens, belongs exclusively to the legislative power.
Article 74.
Communal and provincial institutions and the boundaries of the
communes and provinces shall be regulated by law.
Article 75.
The military conscriptions shall be regulated by law.
Article 76.
A communal militia shall be established on a basis fixed by
law.
Article 77.
The State retains its flag, and the blue cockade is the only
national one.
Article 78.
The knightly orders now in existence shall be maintained with
their endowments, which shall not be used for other purposes
than those specified in the acts by which they were
established. The King may create other orders and prescribe
their constitutions.
Article 79.
Titles of the nobility are guaranteed to those who have a
right to them. The King may confer new titles.
Article 80.
No one may receive orders, titles or pensions from a foreign
power without the King's consent.
Article 81.
All laws contrary to the provisions of the present
constitution are hereby abrogated.
Given at Turin on the fourth day of March, in the year of Our
Lord, one thousand eight hundred and forty-eight, and of Our
Reign the eighteenth.
Transitory Provisions.
Article 82.
This statue shall go into effect on the day of the first
meeting of the Chambers, which shall take place immediately
after the elections. Until that time urgent public service
shall be provided for by royal ordinances according to the
mode and form now in vogue, excepting, however, the
ratifications and registrations in the courts which are from
now on abolished.
Article 83.
In the execution of this statute the King reserves to himself
the right to make the laws for the press, elections, communal
militia and organization of the Council of State. Until the
publication of the laws for the press, the regulations now in
force on this subject remain valid.
Article 84.
The Ministers are entrusted with, and are responsible for the
execution and full observance of these transitory provisions.
----------CONSTITUTION OF ITALY: End--------
CONSTITUTION OF NEW YORK STATE, and its Revisions.
See NEW YORK: A. D. 1777, 1821, 1846, 1867-1882,
and 1894 (page 2339, and after).
CONSTITUTION OF RHODE ISLAND.
See RHODE ISLAND: A. D. 1888 (page 2646).
CONTRACT TABLETS, BABYLONIAN.
See MONEY AND BANKING (page 2199).
COOKE AND WHEATSTONE, Telegraphic Inventions of.
See ELECTRICAL DISCOVERY AND INVENTION:
A. D. 1825-1874 (page 773).
CO-OPERATION.
See SOCIAL MOVEMENTS: A. D). 1816-1886, 1840-1848,
1848-1883 (pages 2938, 2942, 2946).
COPYRIGHT.
See LAW, COMMON: A. D. 1499;
and EQUITY: A. D. 1875 (pages 1965 and 1994).
COREA.
The war between Japan and China.
"The peninsula which projects between the Japanese and Yellow
Seas southwards in the direction of the southern islands of
Nippon is completely limited landwards. Like Italy, with which
it may be compared in extent, and even to some degree in its
orographic configuration, it is separated from the mainland by
the Alpine Taipeishan or 'Great White Mountains,' of
Manchuria. It has also its Apennines stretching north and
south, and forming the backbone of the peninsula. … Like most
regions of the extreme East, Korea is known to foreigners by a
name which has little currency in the country itself. This
term, belonging formerly to the petty state of Korié, has been
extended by the Chinese and Japanese to the whole peninsula,
under the forms of Kaokiuli, Korai, Kaoli. When all the
principalities were fused in one monarchy, towards the close
of the 14th century, the country, at that time subject to
China, took the official title of Chaosien (Tsiosen)—that is,
'Serenity of the Morning'—in allusion to its geographical
position east of the empire. Thus it is now designated by a
poetical expression which exactly indicates its position
between China and Japan. While for the people of the continent
Japan is the land of the Rising Sun, Korea is the 'Serene'
land, illumined by the morning rays. Although washed by two
much-frequented seas, and yearly sighted by thousands of
seafarers, Korea is one of the least known Asiatic regions. …
From its very position between China and Japan, Korea could
not fail to have been a subject of contention for its powerful
neighbours. Before its fusion in one state it comprised
several distinct principalities, whose limits were subject to
frequent changes. These were, in the north, Kaokiuli (Kaoli),
or Korea proper; in the centre, Chaosien and the 78 so-called
'kingdoms' of Chinese foundation, usually known as the San Kan
(San Han), or 'Three Han'; in the south, Petsi, or Hiaksaï
(Kudara), the Sinlo of the Chinese, or Siragi of the Japanese;
beside the petty state of Kara, Zinna, or Mimana, in the
south-east, round about the Bay of Tsiosan. The northern
regions naturally gravitated towards China, whose rulers
repeatedly interfered in the internal affairs of the country.
But the inhabitants of the south, known in history by the
Japanese name of Kmaso, or 'Herd of Bears,' were long subject
to Japan, while at other times they made frequent incursions
into Kiu-siu and Hondo, and even formed settlements on those
islands. The first conquest of the country was made by the
forces of the Queen Regent Zingu in the 3d century.
{3737}
Towards the end of the 16th the celebrated Japanese dictator
and usurper Taïkosama, having conceived the project of
conquering China, began with that of Korea, under the pretext
of old Japanese rights over the country of the Kmaso. After
wasting the land he compelled the King to become his
tributary, and left a permanent garrison in the peninsula. A
fresh expedition, although interrupted by the death of
Taïkosama, was equally successful. Tsu-sima remained in the
hands of the Japanese, and from that time till the middle of
the present century Korea continued in a state of vassalage,
sending every year presents and tribute to Nippon. … Thanks to
the aid sent by the Ming dynasty to Korea, in its victorious
struggle with the other petty states of the peninsula, and in
its resistance to Japan, its relations with China continued to
be of the most friendly character. Admirers of Chinese
culture, the native rulers felt honoured by the investiture
granted them by the 'Son of Heaven.' But after the Manchu
conquest of the Middle Kingdom, Korea remaining faithful to
the cause of the Mings, the new masters of the empire invaded
the peninsula, and in 1637 dictated a treaty, imposing on the
Koreans a yearly tribute. … But although since that time the
native ruler takes the title of 'Subject,' China exercises no
real sovereign rights in Korea."
_E. Reclus,
The Earth and its Inhabitants: Asia,
volume 2, chapter 6._