Sivut kuvina
PDF
ePub

trade; and in his speech on that occasion, almost the last he delivered in that assembly, he declared, that 66 so fully was he impressed with the vast importance and necessity of attaining what would be the object of his motion that night, that if, during the almost forty years that he had had the honour of a seat in parliament, he had been so fortunate as to accomplish that, and that only, he should think he had done enough, and could retire from public life with comfort, and conscious satisfaction, that he had done his duty,"

Soon after the formation of the ministry, the attorney general, with the entire concurrence of the cabinet, and in his official capacity, brought in an important bill, which passed both houses of parliament without any very formidable opposition, and afterwards received the royal assent. This bill (46 Geo. III. cap. 52.) prohibited the exportation of slaves from the British colonics after the first of January 1807, and prohibited all subjects of this country, residing either at home or in our foreign settlements, from being in any way concerned in, or accessary to the supply of foreign countries with slaves after that period. This prohibition, intended to prevent the investment of British capital, or the employment of British vessels or seamen in the foreign slave trade, and thereby to cut off a large portion of that commerce, was guarded by various salutary regulations and well-contrived penalties. The ship and cargo of any British trader engaged in the prohibited trade, either from our colonies or from Africa, or from other places to foreign settlements, were declared to be forfeited, and a further penalty of 501. ordered to be levied for each

slave. A similar forfeiture was enasted with regard to any vessel employed in supplying foreign vessels with slaves on the coast of Africa; and a penalty of 1001. was ordered to be levied from any British subject engaged in furnishing, or indi rectly forwarding such a supply. A clause was also inserted for the purpose of preventing British credit or capital from being embarked in the foreign slave trade. Every method by which British subjects, or persons resident in the British domi nions, might be conceived to aid the slave trade of foreign nations was anxiously enumerated. Investment of stock-loan of money-loan of vessels becoming collector of security to such bonds, &c. were all declared unlawful, and liable to a forfeiture of double the sums advanced; and all bouds or other securities given for such unlawful loans were declared to be null and void, except in the hands of bona fide purchasers. Moreover, all insurances on such prohibited insurances were declared void and subjected to a penalty of 5001. It was likewise declared to be unlawful to assist in the outfitting of any foreign vessels sailing for Africa, and severe penalties were attached to that offence. All British vessels clearing out for the slave trade, were required to give bond not to engage directly or indirectly in the foreign slave trade. The same declaration was declared to be necessary in the case of slaves exported from one British settlement to another; and all vessels arriving in our colonies were ordered to make declaration at the nearest customhouse, accompanied with evidence from log-books, surgeon's testimony and journal, and testimony of other officers, that no slaves had

been

importing lumber and provisions in
to the island* ; and when the
assembly addressed the governor to
recal this resolution, he expressed
his regret, that in consequence of
the imperative orders transmitted to
him from England, it was not in
his power to comply with their re-
quest, and advised them to make a
representation of their case to his
majesty +. An address to that
effect was accordingly transmitted
to his majesty from the assembly,
stating that without an intercourse
with the United States of America,
the island could not be supplied
with lumber and provisions; that
an adequate supply could not be
obtained from the British North
American colonies; and that in time
of war, British ships and British
seamen could not be procured to
No satisfac-
carry on the trade ‡
tory answer to this address having
been received, the assembly after
several months delay, made a second
representation to the governor, in
which, after recapitulating the
sufferings of the island on a former
occasion, when similar measures had
been tried, they urged in the
strongest terms the necessity of
keeping open their ports to neu-
trals, as the only means of averting
-the horrors of famine from the

island.§ But the governor, who

had received no instructions from England, authorizing him to give directions for continuing the intercourse between Jamaica and the United States, declined a second time to comply with their request; and it was not till the very day before the ports of the island were to have been definitively closed against neutrals, in virtue of his former proclamation, that he ventured to extend for six months longer the permission to import lumber and grain into the island, in neutral bottoms. | Still however, one very essential class of provisions were not included in this permission. Saltfish, beef and pork, articles indispensably necessary for the subsistence of the negroes, were not allowed to be imported by neutrals; and therefore a new representation was made to the governor by the assembly, stating that there was a great deficiency of these provisions in the island, and that a rise in their price had already taken place in consequence of the scarcity. Upon which they were told, that since the proclamation of martial law, directions had been given to the customhouse officers, to admit neutrals with salt provisions on board into all the ports of the island, till the

* Resolution of the governor and council of Jamaica, Nov. 21st, 1804. + Address of the assembly of Jamaica to lieut. governor Nugent and his excelJency's answer, Dec. 8th, 1801.

Address of the assembly of Jamaica to his majesty, Dec. 18th, 1804.

Memorial and remonstrance of the assembly of Jamaica to the governor thereof, April 20th, 1805. In this remonstrance the assembly state, that only one twelfth of the total supply of Jamaica from the continent of North America is obtained from the British colonies; and that six-sevenths of what they receive from the United States is imported in American shipping: and they calculate, that, if this intercourse is to be interdicted, 456 additional British vessels, navigated by 2862 seamen, must enter immediately into the American trade, to prevent the absolute ruin of Jamaica.

Lieutenant governor Nugent's proclamation, May 20th, 1805.

arrival

arrival of the next fleet with provisions from Cork*. While these discussions disturbed the tranquillity of Jamaica, the Leeward islands remained perfectly quiet, in consequence of the firm and judicious conduct of their governor, who availing himself of the letter, while he disregarded the spirit and ob vious intention of his new instructions, issued a proclamation, declaring it of "real and very great necessity" to the welfare of the islands under his care, that the intercourse which they had heretofore maintained with the United States, should not be interrupted. +

Such was the situation of the West India islands, when the new ministers came into office. The first object, that engaged their attention, was to quiet the apprehensions of the colonies, and relieve them from any actual danger with respect to subsistence. For this purpose a circular letter to the colonial governors, was transmitted from the secretary of state's office, directing them to continue the established intercourse with America, and assuring them that the usual act of indemnity would be moved in their favour. This measure, which was afterwards represented in the house of commons as an arrogant, and presumptuous exercise of authority, arose naturally out of the desire of ministers to allay that state of disquietude and alarm, into which the late proceedings of the government at home had thrown the colonies, as well as from a laudable anxiety to communicate, as speedily as possible, to the

colonial governors, their intentions and views of policy in the superintendance of this important part of the empire. They who blame them for precipitancy on this occasion, should recollect, that, when these instructions were sent, the colonial governors were in doubt how to proceed, and the colonial assemblies full of alarm at the prospect of famine,

It was then discovered, that the infraction of the navigation laws, in this branch of the carrying trade, had been considered by the late administrations in so trivial a light, that they had omitted for several years to introduce into parliament an indemnity bill for those concern ed in it, the last bill of the kind having been passed in 1801. An indemnity bill in the usual forms was therefore enacted.

The next subject to be considered, was, whether the necessity which had occasioned the offence, and which alone could justify the indemnity, was of a kind likely to continue during the war; and as thirteen years experience had now amply shewn, that, in time of war, it was impossible to supply our colonies with lumber and provisions, without, the aid of neutrals, it seemed to follow, that there was no probability of the necessity terminating till the war was at an end. But, if neutrals must be permitted to trade with our colonies in time of war, it was surely better, that such permis sion should be given to them under the authority of law, than that the law should be perpetually violated, and

Representation of the assembly of Jamaica to lieut. governor Nugent, and his answer thereto, July 18, 1805.

+ Proclamation of lord Lavington, governor of the Leeward islands, Nov. 29,

1804.

G 2

the

(

[ocr errors]

the violators of it protected by bills of indemnity. If the trade could not be interrupted, without endan gering the subsistence of the colonies, it was proper, that it should be carried on with the consent of parliament, and not in contempt of its authority. If a discretionary power was necessary to regulate its operations and limit its extent, it was fitting, that such discretionary authority should be conferred by the legislature, but most improper that it should be assumed by the servants of the crown. Such were the views in which the American intercourse bill originated. Its object was to give a legal existence to that trade, which had been carried on for thirteen years in opposition to law, but which could not be stopped, without putting to hazard the existence of the colonies. It occasioned no innovation in the established Course of trade, nor was intended nor calculated to produce that effect. Itaieither aggravated the distresses, nor added to the difficulties of the shipping interest of Great Britain. It gave them on the contrary, a légal tribunal, before which, in the absence of parliament, they could at all times carry their complaints, and, if åggrieved, demand and obtain re-dress for their grievances. No iman or body of men could justly complain of ministers, that foreseeing they should be compelled from necessity to do that, which -others from necessity had already done, they preferred to have a legal authority for doing it, rather than first to violate the law, and come afterwards to parliament for sau indemnity. No man or body of men had a right to insist, that ministers should act illegally, when they were disposed to have the au

thority of law to direct their proceedings. No man could say he was injured, when a competent tribunal was appointed to hear and redress his wrongs. If the British ship owners were of opinion, that whatever might have been the past obstacles that prevented them, they were now able to supply our West India colonies with provisions, they had only to state their case to the privy council; and if they could shew, that they had not only an inclination but an ability to resume the monopoly, which they had formerly abandoned, they might be sure, that the privy council of England would prefer their interests to those of the subjects of any foreign power.

That we have taken a just view, and given a faithful account of the origin, purport and effect of the American intercourse bill, any one may satisfy himself without difficulty, by the perusal of its concise and simple enactments. After stating in the preamble of the bill, that it had been necessary at various times during the present war to permit neutrals to trade with his majesty's colonies in the West Indies, and on the continent of South America, and adding, "that it was proper that provisions should be made for meeting such emergencies in future, without the necessity of frequent violations of the law by his majesty's officers appointed and sworn to administer and execute the same;" it empowered his majesty in council, when such necessity should again arise during the present war, to authorize his governors, under such restrictions and limitations as to him in council should seem fit, to permit this trade to be carried on; with this proviso, that neutrals so employed, should

import no commodities, staves and lumber only excepted, which were not the growth and produce of the countries to which they belonged, and that they should not export from our colonies sugar, indigo, cotton, wool, coffee, or cocoa,

As to the history and progress of this bill, it was first brought into parliament, in the house of lords, by lord Holland, who had in vain call ed the attention of the late ministry to the subject, in the preceding session of parliament. After a good deal of opposition the bill passed the lords; but in consequence of some informality it was thrown out in the house of commons, and a new bill to the same effect was introduced by lord Temple, which, after much opposition and many long and violent debates, was at length passed into a law. To one who looks back on the transactions of that period, it appears incredible, that a bill, which effected and professed to effect so little, should have occasioned so much debate, and exeited such violence of opposition. Those very persons, under whom the navigation act had been deliberately violated for thirteen years past, and who had brought in regu lar bills of indemnity to excuse the violation of it, exclaimed against this bill, which had no other object, than to authorize the privy council to do that according to law, which they had done without law; and equally regardless of truth in their statements as of consistency in their conduct, they had the hardihood to maintain, that this was the first departure from the provisions of the navigation act, which any minister had ever ventured to propose in parliament. Nor was the spirit of opposition to this unfortunate bill

confined to the legislature. The ship owners in different parts of the kingdom were stirred up to present petitions against it; and so successful were the artifices used to impose upon their minds, that long after the bill had passed into a law, they continued firmly persuaded, that to this harmless and inoperative measure, all the distresses, which they afterwards suffered, were justly to be attributed.

Our limits will not permit us to give a detailed account of the debates upon this subject in the house of commons. They were distin. guished, however, by greater length and violence on the part of opposition, than any that occurred during the present session, the debates on the new military plans only excepted. The principal speakers on the side of opposition were Mr. Rose, the master of the rolls, lord Castlereagh, Mr. Percival, and Mr. Canning; and on the side of the minis try, Mr. Fox, the attorney general, and lord Henry Petty. The following were the chief topics insisted upon.

It was argued in favour of the system formerly pursued, that its illegality was a security against its adoption, without a real and urgent necessity impelling the colonial governors to have recourse to it. But to this it was a sufficient answer, that

the same measures

had been pursued, without interruption during war, since 1793; and, therefore, either the necessity in time of war was permanent, or the argument inconclusive.

It was said, that the colonial governors were better judges of the necessities of the colonies than the privy council. Of a necessity arising, of a sudden, from some unforeseen and unexpected calamity, this was G 3

true,

[ocr errors]
« EdellinenJatka »