British Colonies

abroad.

exception to the enactment in the 15 Car. 2. c. 7. sect. 6. by IV. Trade with allowing the islands of Guernsey and Jersey to export European and Plantations, manufactures of a certain kind to the American plantations. and Territories This was authorized by the stat. 9 Geo. 3. c. 28. which provides that any sort of craft, cloathing, or other goods, the growth, production or manufacture of Great Britain, or of those islands, and food or victuals, being the growth or produce of Great Britain, Ireland, or those islands, may be transported from those islands to Newfoundland, or any other British colony where the fishery is carried on, the same being necessary for the fishery, or the mariners or persons employed therein.

This part of the policy in our colonial system was departed from in another instance, but in which a more important colonial object would at the same time be greatly promoted, as the benefits derived from the fisheries seem to be of the greatest importance to this kingdom, especially from the Newfoundland fishery. In the distress occasioned to the Newfoundland trade by the war in the countries of the Mediterranean, it was considered whether a depôt of fish could not be made at Gibraltar and Malta, and the ancient markets be supplied from stores laid up at those fortresses. In projecting this trade it was seen that not only great assistance would be given to the fish merchant, but great encouragement would be holden out to foreign purchasers, if European produce requisite for the colonies could be shipped and transported direct from those two places of resort (1). To authorize this, it was enacted by statute 46 Geo. 3. c. 116. that fruit, wine, oil, salt, or cork, the produce of any part of Europe south of Cape Finsiterre, may be shipped and laden in any place in Europe south of Cape Finisterre, for exportation direct to any of the several ports herein-after mentioned; that is to say, Saint John's in New Brunswick, Saint John's in Newfoundland, Quebec in Canada, Sydney in Cape Breton, Halifax and Sherburne in Nova Scotia, Charlotte Town in Prince Edward's Island, all in North America; on board British ship owned, navigated, and registered according to law, which shall have arrived at any place in Europe south of Cape Finisterre with articles of the growth or production of the said colonies, or with fish taken and cured by his Majesty's subjects carrying on the fisheries from any of the said colonies, or from any part of the united

(1) Reeves, 2d ed. 300.

any

British Colonies

and Plantations,

IV. Trade with kingdom, or with any of the goods therein mentioned from Canada, whether such goods shall be the growth or produce of and Territories Canada, or shall have been brought into Canada by land or inland navigation. (1)

abroad.

In a former page we alluded to the free port act 45 Geo. 3. c. 57. having some other provisions than those there mentioned (2). These provisions have however, so far as they relate to European goods, been much enlarged; by the 9th section of the act 45 Geo. 3. c. 57. it is lawful to export in any British vessel owned and navigated according to law, from any of the islands. in that act particularly mentioned to any British plantation in America or the West Indies, any goods of the manufacture of Europe; and also any goods which shall have been legally imported into any of the said islands from any of the plantations in America, or any country on the continent of America, belonging to or under the dominion of any foreign European sovereign or state; but this privilege being limited to particular islands, and it being found expedient to extend the privilege to all the British West India islands and British colonies on the continent of America, it was accordingly enacted by the 52 Geo. 3. c. 100. that it shall be lawful for any of his Majesty's subjects to export, in any British-built vessel owned and navigated according to law, from any one of the islands in the West Indies belonging to his Majesty to any other of the said islands, or to any British colonies, on the continent of America, and from any one of the British colonies in America, to any of the islands in the West Indies belonging to his Majesty, or to any other British colony or plantation on the continent of America, any goods whatsoever of the manufacture of Europe, and also any goods or prize goods which shall have been legally imported into any one of the said islands and colonies under the regulations mentioned in 45 Geo. 3. c. 57.; but this privilege did not extend to the islands in North America; but the island of Newfoundland now enjoys this advantage under the enactment in the act 57 Geo. 3. c. 29.

The regulations which we have just noticed, it will be observed, relate principally to the importation of European produce into the colonies; it will now be necessary to notice how

(1) See further regulations, Pope on Customs, titles 73 & 74. 51 Gee. 3. c. 97. 52 Geo. 3. c. 98. (2) Ante, 216.

British Colonies

abroad.

far the exports and imports of the produce of the British plant- IV. Trade with ations themselves, from and to each other, are restrained or re- and Plantations, gulated. There is no enactment in the great navigation act, and Territories 12 Car. 2. c. 18., which prohibits the transportation of the produce of one colony to another; and the eighteenth section of that act, which prohibits the conveyance of sugar, tobacco, cotton wool, indigoes, ginger, fustick or other dying wood, of the growth, production, or manufacture of any English plantations in America, Asia, or Africa, otherwise than to Great Britain or Ireland, expressly excepts the English plantations from that prohibition. But it being found that, under colour of such permission to export those enumerated commodities from one plantation to another, the same were illegally imported direct into Europe free of duty, it was provided by the 25 Car. 2. c. 7. that before any vessel shall be allowed to export such enumerated articles from the colonies, she shall first give bond to import and unlade the same in Great Britain, or pay certain specified duties (1). Subsequent statutes have placed other articles, as rice, molasses, copper ore, &c. under the same regulation (2); but on payment of the duties there seems to be no general prohibition, under the navigation laws, against the export of the produce of one British plantation to another. However, we have seen that the exception of English plantations in the eighteenth section of 12 Car. 2. c. 18., does not authorize the shipping of colonial produce from the Bri} tish West India islands to Gibraltar, that not being a plantation within the meaning of the exception. (3)

6thly, The next subject that claims our attention is the method of enforcing obedience to the laws before laid down (4). This part of the law of trade takes its origin from the navigation" act, though succeeding provisions have greatly extended and aided its operation. The act of havigation, in the nineteenth section, enacts, that for every ship which shall set sail out of or from England, Ireland, Wales, or town of Berwick-upon-Tweed, for any English plantation in America, Asia, or Africa, sufficient bond shall be given, with one surety, to the chief officers of the custom-house of such port or place from whence the said ship

(1) 25 Car. 2. c. 7. s. 2. per Lord Ellenborough, in Lubboch v. Potts, 7 East. 454.

(2) 3 & 4 Ann. c. 5. 8 Geo. 1. c. 18. s. 22. 7 & 8 W. 3. c. 22. See other enumerated articles,

ante, 222.

(3) Ante, 213. and per Lord Ellenborough in Lubboch v. Potts, 7 East. 454.

(4) See division of the subject, ante, 212.

British Colonies

and Plantations,

and Territories abroad.

IV. Trade with shall set sail, to the value of one thousand pounds, if the ship be of less burthen than one hundred tons; and of the sum of two thousand pounds if the ship shall be of greater burthen: that in case the said ship shall load any of the said commodities at any of the said English plantations, the same commodities shall be by the said ship brought to some port of England, Ireland, Wales, or to the port or town of Berwick-upon-Tweed, and shall there unload and put on shore the same, the danger of the seas only excepted (1). And for all ships coming from any other port or place to any of the aforesaid plantations, who by this act are permitted to trade there, that the governor of such English plantations shall, before the said ship be permitted to load on board any of the said commodities, take bond in manner and to the value aforesaid for each respective ship, that such ship shall carry all the aforesaid goods that shall be laden on board in the said ship, to some other of his Majesty's English plantations, or to England, Ireland, Wales, or town of Berwick-uponTweed. And that every ship which shall load or take on board any of the aforesaid goods until such bond given to the said governor, or certificate produced from the officers of any cus tom-house of England, Ireland, Wales, or of the town of Berwick, that such bonds have been there duly given, shall be forfeited, with all her guns, tackle, apparel, and furniture, to be employed and recovered in manner as aforesaid. And the said governors, and every of them, shall twice in every year, after the first day of January one thousand six hundred and sixty, return truc copies of all such bonds by him so taken to the chief officers of the customs in London. The 19th section of the 12 Car. 2. c. 18. only extended to the enumerated articles in the 18th section mentioned; but we shall presently see, that where other articles have been added to this list, there is a provision made in the act of the like nature to reach them also. Governors in the plantations and colonies are required by the second section, by oath, to do their utmost that the before-mentioned regulations should be punctually and bonâ fide observed; and a governor willingly negligent in doing this duty is to be removed from his government. An oath of the like nature is required of all such governors, to enforce obedience to the laws in that act mentioned by the stat. 15 Car. 2. c. 7. s. 8.; it enacts, that governors in the plantations are to take a solemn oath for

(1) The reader will qualify this part of the act by the provisions

of the subsequent acts relative to the discharge of her cargo.

British Colonies

the special performance of the duty imposed on them by this act; IV. Trade with and if they offend, they forfeit their government, and are inca- and Plantations, pable of holding any other, and £1000, half to the king and and Territories half to the informer. The ninth section (1) directs, that if any abroad. officer of the customs in England shall give a warrant or suffer any of the enumerated articles to be carried into any other place before they have been put on shore in England, Wales, or Berwick, he shall forfeit his place, and the value of the goods. The 19th section of the navigation act requires copies of the bonds taken under the authority of that act to be returned twice a year to the custom-house at London. But by the provision of the 22 & 23 Car. 2. c. 26. s. 12. it is enacted, that the governors in the plantations shall once a year, at least, make a return of a list of all vessels lading the commodities in the 18th section named, as also a list of all the bonds taken by them; and then directs, that in case any vessel belonging to his Majesty's plantations, which shall have on board any of the enumerated articles, shall have unladen in any port in Europe other than Great Britain, she is to be forfeited, with all her guns, &c.

The requisition of these bonds, and the strict rules laid down in the different statutes, did not, it seems, effect its object in securing the due observance of the law, or in carrying into operation their provisions, by increasing the revenue of the customs, as it was expected to do; for, in spite of all these enactments, it appears that a very considerable contraband trade was carried on by the plantations in defiance of these acts (2); and therefore, in order effectually to prevent it in future, an export duty was imposed by stat. 25 Car. 2. c. 7., where no bond had been given with one surety to land such goods in England, Wales, or the town of Berwick. Notwithstanding even the provision of the act of the 25 Car. 2. c. 7., very great difficulty was experienced in executing these statutes. The people of New England openly contemned and disregarded them; and the inhabitants of Boston did not shew any very great inclination to observe and comply with them. But the more obstinate the colonists became, the more firm was the government at home; and so far was the opposition of the colonists from effecting any change, that it only tended to make the home government more resolute, and more determined to execute the letter of law. With this view, the act of 7 & 8 W. 3. c. 22., entitled "An act for preventing frauds and

(1) 15 Car. 2. c. 7.

(2) See recital, 25 Car. 2. c. 7.