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true, but not of a necessity like that not only were they able to ful the present, which was permanent fil that engagement, but to supply and constant, and must continue, the colonies at an expence of not till measures were taken at home to provide against it. That the colo- it cost them at present. more than two per cent. above what nies required a supply of provi- required from parliament was a All they sions, and lumber, equal to their select committee to inquire into consumption, was a very plain and facts, and if that obvious proposition, nor was it re- they pledged themselves to make was granted, quisite to hold the office of a colonial good their allegations. But, if the governor to be fully aware of its shipping interest thought this practi truth; but to ascertain whether a sufficient supply of these articles tempted it sooner? Why had their cable now, why had they not at could be procured from the united kingdom and British colonies in and how came it to be roused by a sense of interest slumbered so long, North America, or, if an additional measure, which made no change supply from the United States was wanted, to determine whether the circumstance had lately happened whatever in their situation? What conveyance of it might be safely entrusted to the British ship owners, trade to the English, or increase its to lessen the expence of the carrying were points, it is apprehended, of charges to the Americans? Were the which the privy council were more ship owners deserving greater credit competent and more impartial than one of the first and most inteljudges than the governors of Jamaica ligent merchants of the city*, who and Barbadoes; surrounded as these declared in the house of commons, governors must necessarily be by "that the ship owners of this persons interested in the trade with country could not supply the cothe United States, and removed as lonies, and it would be dangerous they are to a distance from all in- and cruel, as well as impolitic, to tercourse or communication with trust to them, at the risk of starving the shipping interest of the mother thousands, in case they should fail in country. Had the ship owners the attempt." Experience was as truly understood their own interest, much in favour of the opinion of they would have rejoiced at a measure, which placed the American trary to the bold assertions and exsir Francis Baring, as it was conintercourse under the control of travagant promises of Mr. Rose: persons, more accessible than the colonial governors to their comnor was it any recommendation of plaints, and more likely to be in- similar speculators had, on a forthe ship owners' plan, that when fluenced by their remonstrances. lives of 15,000 negroes had been mer occasion, been listened to, the sacrificed, before the experiment was abandoned. + After all, if these assertions were made with any other view than to gain time, in order to

It was next maintained, that the British ship owners were ready to undertake the carrying trade of the West India islands, and persons were found to pledge themselves,

* Sir Francis Baring.

Memorial and representation of the assembly of Jamaica, April 20th, 1805.

postpone

postpone the bill to another session, the ship owners had only to state their case to the privy council, who had no authority by the bill to open the West India ports to neutrals, but "when the necessity of the case should appear to his majesty in council to require it.”

It was next objected to the Americans, that, under pretence of this trade, they smuggled great quantities of East India goods and German linens into the West Indies. But Americans, it was replied, were not the only traders, whose propensities to smuggling nothing but the vigilance of the custom-house could restrain, British ship masters were entitled to as little confidence upon that head as Americans, and therefore if this objection was to be listened to, all intercourse between the West Indies and the United States must be at once prohibited. But, could the West India islands subsist with no other trade, except that which they enjoyed with the mother country and her colonies? Could they derive a sufficient supply of provisions from the United Kingdom, or of lumber from the British colonies in North America?

Were they to be reduced to such inadequate sources of supply, in order to favour the sales of the East India company, or prevent the introduction of some German linens? It was stated by the assembly of Jamaica, that they obtained only one twelfth of their North American supply from British North America; and it may be said without exaggeration, that not one-third of the provisions which the British West India islands annually import, are derived from the mother country and her colonies. *

It was argued by a learned judge, that though the bill professed to be founded on necessity, and though that necessity could apply only to the importation of lumber and provisions, yet it gave an unlimited power to the privy council, to authorize the importation of any articles whatever; or, as he is made to express himself in a printed account of his speech, which bears all the internal marks of having been revised by so me one intimately connected with him, this bill, “with a force and conciseness beyond all example, strikes out of your statute books, or reduces to a dead letter,

It appears from an account of the principal articles of provisions and lumber, imported into his majesty's colonies in the West Indies and on the continent of South America, in the years 1804, 1805, and 1806, ordered to be printed February 15th, 1808, that, of the total importation of the following articles, the proportions from the United States of America are as follows:

Corn, 65-100 parts, or nearly three-fourths.
Bread, flour and meal, =91-100.

Rice, = 98-100, or nearly the whole.

Beef and pork, 49-100, or nearly one half.
Dry fish, = 54-100, or more than one half.

Pickled fish, 32-100, or nearly one third.
Butter, == 14-100, or about one seventh.

Cows and oxen, 80-100, or four fifths.
Sheep and hogs, = 90-100, or nine-tenths.

Oak and pine boards, and timber, 97-100.

Shingles,

= 99-100.

Staves,

96-100,

G 4

all

all the body of the laws of this realm made for the support of our navigation, the rule of our colonial system, and every thing that depends on both; and this is said to be the effect of necessity*." But, in bring ing forward this triumphant objection, in making it his main argument against the bill, and enlarging upon it in many a declamatory and animated period, that acute and learned judge seems to have forgotten, in his zeal against the bill, to look into its provisions, where he would have found, that it gave no authority to the privy council to permit a single article to be imported into the West Indies by neutrals, unless when the necessity of the case seemed to require it. But, it would be difficult, we apprehend, to make out a case of necessity for the importation of an article which was not itself necessary to the islands. Nor was there much truth or decency in the insinuation of the same learn ed personage against the authors of the bill," that it contained a meaning, and had an object, which they did not think fit to disclose to parliament;" for the words of the bill, on which he founded this insinuation, were literally the same with the words of an act of parliament+, trenching more deeply on the navigation act than the American intercourse bill, which had been passed some years before, when the friends of that learned judge were in office, and himself in the same judicial situation, which he continued still so ably to fill.

*

The last objection to the bill,

which we shall notice, was, that i was inconsistent with our established system of colonial policy, and contrary to the provisions of the navigation act. To the first part of the objection it was answered, that necessity compelled us to deviate, in this instance, from our usual course of colonial policy, in order to obtain the means of subsistence for our colonies; and to the second it was replied, that necessity being the ground on which the intercourse of our colonies with the United States was tolerated, the principle, though not the letter of the navigation act, required, that the trade thus permitted, because necessary, should be open equally to American and English vessels. For, if not open to Americans, it was in the power of the United States to interdict the trade entirely, without giving us just cause of offence, and thereby compel us to admit them to a share in it on the same principle, that should we attempt to exclude foreign vessels from the ports of the United Kingdom, foreign nations might compel us, by retaliating, to desist from such a pretension, With respect to the allegation, that "this was the first relaxation of the navigation laws enacted by the legislature," it is surprising that such an assertion should have been made, but most easy to shew that it was made rashly and inconsiderately. Without recurring to the period of the American war, the instances of acts of parliament inconsistent with the provisions of the navigation act were numerous during the last and present

Speech of the master of the rolls on the American intercourse bill, July 8th, 1306-Cobbet's parliamentary debates, vol. 7th, p. 987-1008.

+43 Geo. 3. cap. 153, 916.

Cobbet's parliamentary debates, vol. 6, p. 1038.

present wars*; and upon one occasion the legislature had thought proper to declare," that the commerce of the kingdom had been greatly benefited thereby+." But, not only had the provisions of the navigation act been set aside by these acts of parliament, but bills had been passed, repealing by name, as far as the objects went which they embraced, the navigation act itself, as well as the act of William III. which is regarded as the basis and foundation of our colonial system, and vesting in the privy council the same discretionary powers, which were given to it by the American intercourse bill; and yet there were persons found, high in the confidence of government when these bills were passed, of memory so treacherous, or countenance so unblushing, as to assert in the debates on the American intercourse bill, that such extensive powers of regulation over our colonial system and navigation laws had never been conferred at any former period by parliament.

The Tortola free port bill was another subject on which the late and present boards of trade were at issue. This was à bill to confer on

the port of Road harbour in Tor tola, the same privileges which the late ministry had obtained for the harbour of Nassau in New Providence. The object was in both cases to make the favoured harbour a place of deposit for foreign sugars But Tortola being a sugar island, it was argued by the late board of trade, that foreign sugar once imported into the island would be afterwards exported as British sugar. It was answered, that no more sugar than the average produce of the Virgin islands was allowed by the bill to be exported, as British sugar, from Tortola.

An important step was taken dur ing this session of parliament to bring to a conclusion the dif ferences, which had subsisted for some years between the woollen manufacturers of this kingdom and their employers, by the appointment of a committee to take into consideration the various acts relating to the woollen manufacture, to whom the petitions of the manufacturers were referred, and who were empowered to report from time to time their observations on the subject.

*Such as the Dutch property acts, 35 Geo. 3. cap. 15 and 80-36 Geo. 3. cap. 76-37 Geo. 3. cap. 12 the act made during peace, 42 Geo. 3. cap. 80-renewed 44 Geo. 3. cap. 30, and continued till eight months after the ratification of a definitive treaty of peace.

+ Preamble to the aet 42 Geo. 3. cap. 80.

The bills alluded to are the Cape of Good Hope bills, 37 Geo. 3. cap. 21, and 38 Geo. 3. cap. 9-and more particularly the act 43 Geo. 3. cap. 153, which trenches more deeply on the navigation act, and confers greater discretionary powers on the privy council, than the American intercourse bill, and yet was enacted when sir William Grant was master of the rolls, Mr. Percival attorney general, and lords Hawkesbury and Castlereagh secretaries of state.

CHAP.

CHAP. V.

Slave Trade.-Sir Arthur Pigott's Bill.-Bill for preventing the Increase of the British Slave Trade.-Resolutions against the Slave Trade in both Houses of Parliament.-Act to amend the Laws relating to Bankrupts.Insolvent Bill.-Bill to prevent ex parte Publications in Criminal Proceedings.-Witness Declaratory Bill.-Reform of the Court of Session of Scotland.-Bill to explain and render more effectual the Treating Act.— Stipendiary Curate's Bill.-Motion on Vaccination.-Charges against Earl St. Vincent.-Vote of Thanks to Earl St. Vincent.-Conclusion of the Affair of Judge Fox.-Charges against Marquis Wellesley by Mr. Paull.Motions for Papers.-First Charge against Marquis Wellesley-Second,or Oude Charge-Supplementary Oude Charge-Furruckabad Charge.India Budget, and Debates thereon.-Prorogation of Parliament.

No

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O part of the conduct of the new ministers reflected greater credit on the sincerity and consistency of their characters than the measures which they adopted, soon after they came into office, in regard to the African slave trade. After the eloquent harangues in which former ministers had indulged against that iniquitous and inhuman traffic, while the trade so reprobated in their speeches continued to thrive and increase under their protection*, and was suffered, without obstruction, to extend to countries, from which an order from them was sufficient at any time to exclude it, the friends of the abolition had at length the consolation of beholding a mi

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nistry, whose conduct corresponded with their professions, and whose support to this great measure was as earnest and effective, as that of former administrations had been cold and inefficient. Mr. Fox and lord Grenville were animated with an equal zeal in the cause of the abolition,. and to their joint efforts it was owing, that greater progress was made during this session towards the attainment of that object, than had been done in the many years since the question came first under the consideration of parliament. The last motion made by Mr. Fox in the house of commons was to propose a resolution, couched in the strongest language, against the African slave

*It must be a subject of melancholy reflection to the admirers of Mr. Pitt, to think that after all his speeches in 1790 and 1792, he permitted the British slave trade to increase from an importation of 25,000 to an importation of 57,000 negroes in two years ending 1798, by the capture of the Dutch, &c. settlements. If he had issued in 1797 the order of council 1805, above 30,000 negroes per annum would have been saved.

trade;

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