History of merchant shipping and ancient commerce, Volume 3 (of 4)

by W. S. Lindsay

CHAPTER XI.

Despondency of many shipowners after the repeal of the Navigation Laws—Advantage naturally taken by foreigners, and especially by the Americans—Jardine and Co. build vessels to compete with the Americans—Aberdeen “clippers”—Shipowners demand the enforcement on foreign nations of reciprocity—Return of prosperity to the Shipowners—Act of 1850 for the improvement of the condition of seamen—Valuable services of Mr. T. H. Farrer—Chief conditions of the Act of 1850—Certificates of examination—Appointment of local marine boards, and their duties—Further provisions of the Act of 1850—Institution of Naval Courts abroad—Special inspectors to be appointed by the Board of Trade, if need be—Act of 1851, regulating Merchant Seaman’s Fund, &c.—Merchant Shipping Act, 1854—New measurement of ships—Registration of ships—The “Rule of the Sea”—Pilots and pilotage—Existing Mercantile Marine Fund—Wrecks—Limitation of the liability of Shipowners—Various miscellaneous provisions—Act of 1855.

Despondency of many shipowners after the repeal of the Navigation Laws.

Considering the violent opposition offered by the great majority of shipowners to the repeal of the Navigation Laws, it is not surprising that their despondency, when the Act came into operation, knew no bounds. Many of them resolved—and a few acted upon the resolution—to dispose of their ships at whatever price they would fetch, others determined to register them under a foreign flag; but few, if any, carried out their determination in this respect. On the other hand, as might have been expected, foreign nations, and especially the United States, made extraordinary efforts to secure for their shipowners the more valuable portion of the trade thrown open by the repeal of these laws. Hitherto the vessels of that country had more than rivalled British ships in the China trade; and, ever since the first Chinese war in 1842, when great expectations were entertained of an enormous increase of trade with that country, the Americans had made very considerable efforts to secure the larger proportion of it. To meet these efforts we had, before we were roused from our apathy by the repeal of the Navigation Laws, built various vessels of an improved description, such as the Alexander Baring, John o’Gaunt, Euphrates, Monarch, and Foam, which were equal to any American vessels then engaged in the trade with China. But, in 1845, various vessels were despatched from New York and Boston to Wampoa, of a novel form, which surpassed ours in speed, having low hulls, great beam, very fine lines, and with yards so square as to spread a far larger amount of canvas in proportion to their tonnage than any vessels hitherto afloat. To rival these we, in 1846, first directed our attention to the construction of “clipper vessels,” and as a test of these, Messrs. Alexander Hall and Co. of Aberdeen, sent forth a schooner named the Torrington, to compete with the Americans then engaged in the coasting trade of China, and in the still more lucrative opium trade. As this vessel proved a success, others of greater dimensions soon followed.

But in 1848, the Americans had found out a trade exclusively their own, which led to the construction of larger and still faster vessels than any they had hitherto employed in the trade with China. The discovery of the gold mines in California gave an impetus to their shipbuilding hitherto unknown; and, for that trade, they brought out a class of ships such as the world had then never seen; their dimensions in tonnage being as great as the largest of our old East Indiamen, with a capacity for cargo far greater, and with lines as sharp and fine as almost any Baltimore clipper. The voyage of the first of these celebrated vessels was limited to San Francisco, from which she returned in ballast to New York, having earned sufficient freight on her outward passage alone to amply remunerate her enterprising owners. The others, however, which followed, continued their voyage from California to China, and having the peculiar advantage of their own “coasting trade,” from which the vessels of all other nations were excluded, they obtained an immense advantage over all competitors.

Freights from New York to California, which, at first, were exorbitantly high, still averaged somewhere about 5l. per ton: thence, these ships proceeded to China, and there, were able to load cargoes of tea and other produce direct for London or New York, thus securing on the round voyage from 8l. to 10l. per ton freight, while our ships, engaged in the direct trade between London and China, a voyage nearly as long, could only earn out and home little more than half that rate per ton. It was not therefore, surprising, that loud complaints were made by British Shipowners of the disadvantage in which their vessels were placed, when competing with those of the United States.

Advantage naturally taken by foreigners, and especially by the Americans.

Encouraged by this special advantage, the Americans constructed for the California and China trades, vessels of still greater dimensions, and of a still finer description, in which, for a time, they practically monopolised not merely the trade between New York and San Francisco, but also that between China and Great Britain. Attributing the depression from which they were suffering to the repeal of the Navigation Laws, as every branch of trade was then greatly depressed, our Shipowners naturally viewed, with great alarm, the rapid strides made by American shipping. Nor were their fears allayed by a reference to the Board of Trade returns; wherein it appeared that, while the increase of British shipping had, in the year previously to the repeal been 393,955 tons, there had been a decrease in the year after the repeal of 180,576 tons; while, concurrently with the falling off of British shipping, it was also shown that foreign vessels, entering inwards from foreign ports, had increased from 75,278 tons to 364,587 tons. Our position appeared, therefore, critical; and, had it not been for the resources we held within ourselves, and the indomitable energy of our people, foreign shipping might then have gained an ascendency which might not afterwards have been easily overcome.

American shipping, above that of all other nations, had, hitherto, been moving onward with such rapid strides that though, in 1815, at the close of the war, the tonnage of the United States was not more than one-half that of Great Britain, it had risen by 1850 to 3,535,454 tons (including river and lake steamers), against 4,232,960 tons of British shipping, and bade fair, with the special advantages they now possessed, to surpass it in amount ere many years had elapsed. Under such circumstances, unusual efforts were necessary to maintain our position as the first of maritime nations.[132] We had, however, one advantage which our great American competitors did not possess. We had iron in abundance; and, about this period, we were specially directing our attention to the construction of iron ships to be propelled by the screw.

Various of these vessels, to which I shall hereafter fully refer, were launched about the year 1850, and placed in competition with the American liners, which had long, all but monopolised the trade between the United States and Europe. Even if we could not build wooden ships, as was then feared, at as low a cost as the Americans, we had the advantage in labour, in the cost of equipment, and in being able to produce a superior class of vessels suited for the China and other distant trades, from our English oak.[133]

Jardine and Co. build vessels to compete with the Americans.

Aberdeen “clippers.”

There is, however, no doubt that at this period there were few ships afloat which could rival in speed the Oriental, Challenge, Sea Witch, Flying Cloud, and various similar vessels the Americans had sent forth to compete with us in the trade from China, for, at that time, iron ships propelled by steam could not be profitably employed in so distant a trade. It seemed almost hopeless[134] to expect that we could construct sailing vessels which would enable us to cope successfully with these celebrated ships. But, though great in speed, it was soon discovered that they were inferior in strength; and, as some of them had landed their cargoes in a damaged state, the shippers of tea and other valuable produce from China encouraged the building of vessels of superior strength, hoping, at the same time, to obtain by improved models an increased speed, even if this speed did not surpass that of these famous American vessels. Accordingly, Messrs. Jardine, Matheson and Co. commissioned Messrs. Hall and Co., of Aberdeen, to construct for them a ship, with lines as sharp as those of any American, but of superior strength. The Stornoway, commanded by Captain Robinson, formerly of the John of Gaunt, was the first of the “Aberdeen clippers.” The Chrysolite, commanded by Captain Enright, followed. But, though these vessels proved very fast for their size, they were still no match for the Americans, which were double their dimensions. However, the Cairngorm, also built by Hall for Messrs. Jardine, proved equal in speed to any of her foreign competitors, and, by delivering her cargo in superior order, obtained a preference.

It was not, however, until 1856, when the Lord of the Isles, built by Scott, of Greenock, and commanded by Captain Maxton, in a celebrated race for the first delivery of the new teas from Foo-choo-foo in London, beat two of the fastest American clippers, though of nearly double her tonnage, delivering her cargo without one spot of damage, that British ships regained their ascendency in a trade which their American rivals bade fair to monopolise. From that time, British sailing ships, as I shall hereafter show, gradually gained a complete ascendency over the Americans in the China trade, and carried all before them, until they, in turn, were supplanted by British screw-steamers.

In the meantime, however, our Shipowners were suffering heavy losses in the ordinary branches of commerce, with little prospect of any permanent improvement. It was, therefore, not surprising that many of them contemplated abandoning the business in which they, as well as their forefathers for many generations, had been engaged. To obtain a restoration of Protection was out of the question; while any remission of burdens, or abrogation of restrictions, in the power of the Legislature to grant, would not, they felt, enable them to compete successfully with their foreign rivals. To these burdens I shall hereafter refer.

Shipowners demand the enforcement on foreign nations of reciprocity.

As regarded non-reciprocity on the part of foreign nations, they had little expectation that any relief could be obtained. Every State that had anything worth acceptance in the way of reciprocation had, they were convinced, determined on adhering to a Protective policy; and, though the retaliatory clause in the Navigation Act might afford some power of compulsion, the Shipowners saw from the discussions in Parliament that it was vain to hope that such powers would ever actually be put in force. Nevertheless, under such gloomy political prospects, every effort was made by the central body of the Shipowners’ Association in London to impress their views upon the representatives of the maritime towns in Parliament. The outports were urged to secure the return of members who would support a policy opposed to that of the indiscriminate abolition of all Protective laws. The feeling thus provoked exercised its influence during many succeeding years. They who had the moral courage to advocate more enlightened principles were made the victims of the exasperated Shipowners, and a good many members lost their seats at the general election of 1852 because they could not, conscientiously, support any measure restoring Protection to the Shipowners, even in the modified form they now desired, the general enforcement of the reciprocity on other nations.

Return of prosperity to the Shipowners.

Happily, however, for the Shipowners, the demand for their vessels soon rose; and, though some of them may have severely suffered for the first twelve months after the repeal of the Navigation Laws, they soon recovered their losses, and their course ever since has been, apart from the usual fluctuations in all branches of commerce, one of almost continued prosperity. Mr. Thomas Tooke, in his well-known work,[135] speaking of the annual state of trade at the close of 1853, states, that the most satisfactory accounts of the year’s business were those connected with shipping. Indeed, 1852, as well as 1853, were years of prosperity to every class of persons connected with ships.

The enormous emigration of the former year, and the great increase of imports and exports in 1853—caused unquestionably by our liberal policy—created a sudden demand for freight, far beyond the resources of vessels really available. British ships of the highest class rose in price from 15l. to 21l. and 22l. per ton, and colonial from 6l. 10s. to 11l. per ton; freights, in many instances, advanced more than 100 per cent.; and it was soon discovered that, though the carrying trade of England had been opened to vessels of all nations, English merchants could not find sufficient tonnage to supply the orders pouring in on them from every part of the world: thus, while the demand for Australia was still on the increase, new branches of commerce were opening out also in other quarters. Freights from Odessa rose from 65s. to 120s. per ton; the rates to and from the west coast of South America, Brazil, and the West Indies were nearly doubled; from America, both in timber and grain, freights advanced in like proportion, as well as in the Baltic; and, even, in the coal trade between Newcastle and London, the usual standard rate of 6s. per ton was more than doubled. The grain trade, beyond all others, was characterised by extraordinary activity, the result of events it was impossible to foresee; while the practical closing of some of the most important granaries during the subsequent war between Russia and Turkey, greatly enhanced the price of corn, and gave rise to large importations of bread-stuffs from the United States and other more distant parts of the world, necessitating, at the same time, a large amount of tonnage for their transport. The surprising prosperity, which had so suddenly succeeded a period of depression and adversity, silenced for a time, though it did not extinguish, the complaints of the already “old school” Shipowners against the repeal of the Navigation Laws.

Act of 1850, for the improvement of the condition of seamen.

But, as British ships were now subjected to the competition of the vessels of all nations, Government considered it their duty to afford every facility as far as regards education and the means of obtaining it to the men by whom they were manned, holding that they were bound to secure for them every advantage in this respect possessed by those of foreign nations. We have seen, by the reports from the various Consuls abroad and from other sources, that, in the training of our seamen for the work they have to do, we were far behind our foreign competitors. Consequently, among the earliest measures of 1850, an Act was passed which had for its object the improvement of the existing condition of our seafaring population, especially as regards commanders and officers, and for affording to Shipowners greater facilities than they had hitherto possessed for engaging and regulating the conduct of the crews of their ships. Hitherto, though our ships had been, by some people, pompously, styled the “harbingers of peace, Christianity, and civilisation,” they had more frequently carried with them to other lands vices previously unknown there.

Valuable services of Mr. T. H. Farrer.

In point of fact, all other nations, except England, had a code of laws to regulate the conduct and test the competency of those who navigated their merchant ships; life and property with us being placed under the charge of men without any security for their conduct, integrity, or ability. Avaricious Shipowners, too, often bought labour in the cheapest, and rarely, therefore, in the best market; while others, with sons and brothers to provide for, placed them in charge of their ships, or in other responsible positions, for which they were often altogether incompetent. The seamen, themselves, were neglected, and, in many instances, were, to a great extent, under the control of a class of nefarious persons known as “crimps,” who procured them employment, discounted their advance notes at usurious rates, and, too frequently, plundered them of all they possessed at the termination of the voyage. It, therefore, became the duty of Government to do what in them lay to remedy these glaring evils. Happily there had just been appointed, as Secretary to the new Marine Department of the Board of Trade, a young gentleman of rare abilities, who had devoted considerable attention to the state of our mercantile marine, and had accepted this office with a fixed determination to remedy, as far as legislation could do, the existing evils. To Mr. T. H. Farrer the country is greatly indebted for most of the measures which have since been passed in connection with our mercantile marine.[136]

Chief conditions of the Act of 1850.

Certificates of examination.

The first of these reform Acts, entitled, “An Act for Improving the Condition of Masters, Mates, and Seamen, and Maintaining Discipline in the Merchant Service,” received the Royal assent on the 14th August, 1850, and came into operation on the 1st January of the following year. This Act contains 124 clauses, and places under the Board of Trade the general superintendence of matters relating to the British mercantile marine, with power to carry the Act into execution in all its details. This valuable measure provides for the establishment of local marine boards at the principal seaports in the kingdom. These boards consist of from six to twelve members, comprised of the Mayor or the stipendiary magistrate resident in the district, of two to four members nominated by the Board of Trade, the remainder being elected by the shipowners resident in the place. Two superior officers with various subordinates were appointed to carry out the duties of the marine board under the direction of its members. The first and most important of these duties consisted in the examination of persons intending to become masters or mates of foreign-going ships, who are now required to give satisfactory evidence of their sobriety, experience, ability, and general good conduct, before they are entitled to receive a certificate of their competency.

Appointment of local marine boards,

and their duties.

Those persons who had previously been in command of ships, or who had served as mates, were not required to undergo an examination, but received a certificate of service, enabling them to accept appointments similar to those they had held previously to the Act coming into operation; so that, in this respect, the law was not retrospective, but only required such persons to undergo examination who had not before acted in the above capacities; power was, at the same time, given to the board to cancel their certificates of service, or of competency, provided those who held them were guilty of misconduct, or otherwise found to be unfit for their duties. Penalties were inflicted for false representations, for forging, or altering, or fraudulently using their certificates. The local marine boards were required to establish shipping offices, where all seamen are engaged; and to appoint, subject to the approval of the Board of Trade, shipping-masters, whose duties were to ascertain that engagements were made in proper form, to issue the advance notes of the seamen, and to see that they joined the ships for which they had engaged at the time fixed for departure. Their duties, likewise, extended to the settlement of the seamen’s wages at the termination of the voyage, and to the seeing that while the men were justly dealt with, they received, also, a proper discharge. They were, moreover, bound to keep a register of the names and character of the seamen and apprentices, and to perform such duties, in relation to the indentures of the latter, as had previously been performed by the officers of Customs. All agreements were to be in a specified form, and to state, as far as practicable, the nature and length of the voyage on which the ship is to be employed, the time when each seaman was to commence duty, the capacity in which he was engaged to serve, the amount of wages he was to receive, the scale of the provisions to be supplied, with such further regulations as might be necessary for his conduct on board, and to inflict fines, short allowance of provisions, or other lawful punishments for misconduct. These agreements the shipping master is required to read over to the seamen, who, if they approve, then sign them in his presence. No alterations are allowed to be made, unless with the consent of all parties; and these agreements must be produced by the master, before a clearance of the ship can be obtained at the Customs. Similar agreements are required for vessels engaged in the coasting trade; but, in this case, they need only be entered into once in six months, and may be signed either on board the vessel or at the shipping office. Penalties are inflicted on masters for taking seamen to sea without such agreement, or for its non-production if required by the British Consul abroad, or by the shipping master, or Collector of Customs in the ports of Great Britain.

The masters and officers are examined in seamanship in its varied branches, as well as in navigation; and the course of examination very much resembles what, as I have already described, has long been adopted in various foreign countries. It is of two grades—first and second class—and has produced the most marked effect in the moral, social, and intellectual improvement of the persons in charge of the vessels of our now gigantic mercantile marine. However much our ships have improved, in all respects, since the Navigation Laws were repealed, and this improvement has been very remarkable, it is not greater than what has taken place in the case of the men by whom they are commanded and navigated.

Throughout the whole of this Act every consideration seems to have been given to the wants of the seamen, with the exception of their education, provision being made for the proper payment of their wages and advance notes, and further facilities afforded for their more prompt recovery.

Further provisions of the Act of 1850.

This Act further provides, that, in every ship, nine superficial feet of space, measured upon the deck, is to be appropriated to each seaman, either in the forecastle or in a suitable house on deck; such space to be kept entirely free of stores of every kind, to be securely and properly constructed, and to be well ventilated. The owner is also bound to provide, for the use of all on board, a supply of medicines, in accordance with a scale sanctioned by Government; with lime-juice in certain cases, and fresh vegetables whenever they can be conveniently obtained: the masters, also, of all ships are bound to keep weights and measures on board, so that the seaman may be satisfied that he has his full allowance of provision agreeably with the Act; while heavy penalties are inflicted on owners who do not conform to these conditions.

In the case of desertion, the masters or owners are authorized by this Act to give or take in charge, without warrant, any seaman who had left his ship without “leave,” or any seaman or apprentice who neglects or refuses to join a ship in which he has engaged to serve. Though this clause has since been frequently condemned, and might be limited with advantage to within a certain time before the ship sails, it was absolutely necessary to deal with such cases promptly, for deserting seamen, more especially when in debt to the ship, readily found employment, and would, in many cases, have sailed in other vessels before it was possible to have obtained a formal warrant for their apprehension.

Any misconduct endangering the ship, or life or limb, is considered a misdemeanour; as also any wilful breach of duty, by reason of drunkenness or any other cause, which might tend to the immediate loss, destruction, or serious damage of the ship, or of the life or limbs of any persons, engaged in her. Certain offences may be summarily punished on arrival in port, such as wilfully damaging the ship, or embezzling or wilfully damaging any of her stores or cargo, assaulting the master or mate, wilful disobedience to lawful commands, or combining with any other or others of the crew to disobey these commands, neglect duty, or with impeding the navigation of the ship or the progress of the voyage. All such matters may be summarily dealt with, by inflicting punishment of from one to three months’ confinement with or without hard labour.

Institution of Naval Courts abroad.

Naval Courts are also instituted abroad, for hearing complaints with regard to either seamen or masters, and for dealing with them in a summary manner. These courts are constituted of from three to five members, and consist of officers of her Majesty’s Navy, of rank not below that of lieutenant, of a consular officer, and of the master of a British ship; but, if there should happen to be no ships-of-war in the harbour, the Consul has power to nominate any other disinterested master or merchant to act as a member of such court.

Among the more important sections of the Act, I must not omit that referring to the clause enjoining masters of ships to keep a log-book of a prescribed form, known as the “official log.” In this book the master is ordered to enter, not merely the daily course and position of the ship, but all occurrences on board as to the conduct of the crew; any disobedience of orders or neglect of duty; an entry is further required to be made of the death, injury, or illness of any seaman and of the time when he left the ship, should he have done so without leave. This official log the master has to deliver, on his return to port, to the Collector of Customs before an entry of his ship can be obtained; and in the case of any ship being sold abroad, the master or transferrer thereof must deliver or transmit it, duly made up to the time of transfer, to the shipping master or Collector of Customs, at the port to which the ship previously belonged. Penalties of from 5l. to 20l. are inflicted upon the master or owner for not keeping the log in proper form, or for neglecting to make the necessary entries.

When a seaman is discharged from a vessel by mutual consent, either abroad or at the termination of the voyage, the master must give him a certificate of character, in a form sanctioned by the Board of Trade, specifying his qualifications; but in cases where the seaman has proved incompetent or negligent in his duty, the master may decline to give him this certificate, so far as regards his character.[137]

Special inspectors to be appointed by the Board of Trade, if need be.

Power is further taken by the Board of Trade to institute a special investigation, wherever there is reason to apprehend that any serious accident, occasioning loss of life or property, has been sustained, or that any of the provisions of the Act, or of any other Act relating to merchant shipping or merchant sailors, has been grossly neglected or disobeyed; and, for that purpose, to appoint local inspectors or any other competent persons, to inquire into and report thereupon. These inspectors have power to go on board and examine the ship and any papers relating to the voyage, and may call for the production of evidence; and penalties are inflicted for obstructing any of them in the execution of this duty. Various other clauses, for the protection alike of the owner, master, and seamen, are to be found in the Act, which extends to all British possessions at home or abroad, including India. A schedule is attached, regulating the scale of fees to be charged for the examination of masters and mates, and for the engagement and discharge of crews.[138]

Act of 1851, regulating Merchant Seaman’s Fund, &c.

I have frequently, in the course of this work, had occasion to refer to the Merchant Seaman’s Fund, established by 20 Geo. II., cap. 38, as also by 4 & 5 Will. IV., cap. 52, and by 6 Will. IV., cap. 15. As this fund had been grossly mismanaged, an Act was passed in 1851 (8th August) to provide for the winding it up, and for its better management in future. Consequently all the previous Acts relating to it, together with various amending Acts, were swept away, and the general supervision of the business of winding-up the fund was placed in the hands of the Board of Trade, or of such persons as that Board might appoint. By the previous Act all masters and mates of ships were required to subscribe from 1s. 6d. to 2s., and all seamen 1s. per month toward the fund, of which 6d. went to Greenwich Hospital. But the Act of 1851 rendered it no longer obligatory on their part to do so. Those persons, however, who voluntarily continued their subscriptions were to be entitled to pensions in old age, or when otherwise rendered unfit for their duties; and provision was, likewise, made for the widows and children of such persons. These subscriptions the shipping masters appointed under the Mercantile Marine Act of 1850 are authorized to receive, and all moneys and properties forming part of, or belonging to, the Merchant Seaman’s Fund are transferred to the Board of Trade. No master or seaman who had not contributed to the fund before the passing of this Act is allowed to contribute thereto, or to establish any claim for pension or other relief for himself, or for his wife or children; so that the benefits to be derived are confined, exclusively, to those who had hitherto subscribed, and who voluntarily continued their subscriptions after the passing of the Act of 1851; the Commissioners of her Majesty’s Treasury are further authorized to pay, out of the Consolidated Fund, such sums as may be necessary, in addition to the voluntary subscriptions, for the necessary expenditure, and to make good the deficiency; they are also to pay to this fund the unclaimed wages and effects of deceased seamen; and all fines levied for neglect of duty or otherwise are appropriated for the same purpose.

The Board of Trade is authorized to determine and regulate the principles and conditions on which relief is to be granted under the Act, and to make such regulations and by-laws as may be necessary for the receipt and distribution of the fund. The Board has also to render annually to Parliament an account of the receipts and disbursements of the previous year, under several heads; the amount of money in hand, and any sums which may be outstanding; the number of pensioners—distinguishing between men, women, and children, and between different scales of pensions, and the total amount of pensions in each class, together with that of the salaries and expenses of management.

But, beyond these Acts, a great deal more was necessary for the proper government of the merchant service. The vast multitude of Acts of Parliament suspending, repealing, and altering parts of other Acts had involved our commercial maritime law in almost inextricable confusion, and had become most injurious to the public interest. No persons but those well conversant with the subject can imagine to what extent this abuse had sometimes been carried. When the Navigation Laws were repealed no less than forty-eight separate and distinct Acts of Parliament were in force relating directly to maritime affairs; some of them, now before me, are in black-letter type of a very ancient date. It, therefore, became necessary to deal with these Acts; and, for that and other still more important objects, a Bill was introduced in 1854, which dealt in the most comprehensive manner with all questions relating to merchant ships and their crews. In this great measure, the two Acts to which I have just referred were embodied.

Merchant Shipping Act, 1854.

The Merchant Shipping Act of 1854[139] contains no less than five hundred and forty-eight clauses, divided into eleven separate and distinct parts or sections.

The first lays down the general functions of the Board of Trade; the second relates to the ownership, registration, and measurement of British ships; and the third is confined, exclusively, to matters referring to the conduct and duties of masters and seamen, and embraces the whole of the conditions of the Act of 1850, with various additions and amendments.

New measurement of ships.

The measurement of ships embodied in part second of this Act is a great improvement on all former modes of ascertaining the tonnage of a ship, as it takes capacity for its basis; and thus, while proportioning the dues payable by ships to their capabilities of carrying freight, affords free scope to Shipowners to construct such vessels as are best adapted to the trade in which they are to be employed.[140] This admirable mode of admeasurement was also adopted, at a recent congress, as the basis for ascertaining the tonnage on which ships of any nation were to pay dues on passing through the Suez Canal.

Registration of ships.

In dealing with the question of registration, the second portion of the Act of 1854, which contains ninety-one clauses, while it specifies in detail what persons are qualified to become owners of British merchant ships, likewise points out in what proportion of ownership the vessel may be held, inflicts penalties for non-attendance to these rules, and on builders for issuing false certificates. It also requires all change of owners or masters to be endorsed on the register; specifies the condition on which new certificates may be issued, and how they are to be disposed of in the event of shipwreck; the mode of transfer in case of sale, death, or bankruptcy is likewise clearly defined; as also the registration of all mortgages in their priority of claim, the mortgagee having power of sale without being held liable for any of the responsibilities of ownership.[141]

The “Rule of the Sea.”

The fourth part of the Act is almost as important as the third, which deals, as we have seen, with the qualifications and duties of masters, officers, and seamen. It refers to the safety and prevention of accidents, a subject which has created much controversy of late, and to which reference will be made more fully hereafter. This important section of the Merchant Shipping Act of 1854 requires all sea-going vessels to be provided with a certain number of boats in proportion to their tonnage and the trade in which they are engaged. It lays down rules as to the meeting and passing of ships at sea, and the use of lights and fog-signals—a regulation of daily increasing importance and more completely carried out in 1863, from the vast number of vessels now traversing the ocean, and especially the English and other great channels of commerce.

Various necessary and excellent regulations are embodied for the construction and equipment of steam-ships, without interfering with their form, leaving their owners and builders every possible scope for improvement, and compelling the fulfilment of certain conditions necessary to insure safety without relieving their owners from their just responsibility to the public. Vessels built of iron must be separated into water-tight compartments, which has since been repealed, and, in the case of steamers, the engine-room must be kept entirely distinct from the hold and cabins; passenger ships (of which further notice will hereafter be taken) are under special regulations with regard to surveys and signals, the use of fire-engines, and the shelter of all persons conveyed on deck.

Pilots and pilotage.

In the fifth part, the powers and general jurisdiction of pilots and pilotage authorities are defined. Power is also given by this Act to dispense with the use of pilots which had been enforced at certain places, by the Acts of 1849 and 1853, and was subsequently extended to all ports in the United Kingdom except London, Liverpool, and Bristol, so as to permit “the master or mate of any ship” who “may, upon giving due notice, and consenting to pay the usual expenses, apply to any pilotage authority to be examined as to his capacity to pilot the ship of which he is master or mate, or any one or more ships belonging to the same owners,” and, if found qualified, to receive a pilotage certificate.

The sixth part of the Act refers to the management of lighthouses,[142] buoys, and beacons, whether under the immediate control of the Ancient Trinity House of Deptford Strond, of the “Commissioners of the Northern Lighthouses,” or of the Dublin “Ballast Board.”[143] These separate authorities (subject to the control of the Board of Trade) are hereby authorized to appoint persons to inspect the lighthouses and levy dues for their maintenance (but with revision by her Majesty in Council), and to regulate and alter such dues. Accordingly, each of them may see the following works carried out within its jurisdiction:—(1) Erect, remove, alter, or repair lighthouses, with all other requisite works in connection with them; (2) construct, place, or alter any buoys or beacons; (3) purchase any land necessary either for the lighthouse or its approaches, with residences for the light-keepers; and (4) vary the character of any lighthouse or the mode of exhibiting any lights therein.

Existing Mercantile Marine Fund.

The seventh part deals with the existing Mercantile Marine Fund, which, in some respects, but only to the very limited extent I have named, supplies the place of the Merchant Seaman’s Fund, and directs the Board of Trade to carry to this fund all fees and other sums received under the provisions of the third and fourth sections of this Act; all surplus light dues, when not appropriated to the reduction of the charge levied on ships, all rates and moneys received by the Trinity House under the Local Act (7 Vict., cap. 57) for the regulation of lastage and ballastage in the River Thames, and various other fees. It directs these funds to be applied to the cost of the examinations, and of the shipping offices provided under the third part, and of the survey of steam ships under the fourth part of this Act. The remaining portions of this fund not required for the maintenance of the lighthouses, &c., &c., is used for the purpose of establishing and maintaining on the coast of the United Kingdom proper life-boats,[144] and for rewarding the preservation of life in such cases as the Board of Trade may direct, and for remunerating persons in connection with wrecks, casualties, and salvage with which the eighth portion of the Act specially deals.

Wrecks.

The inquiry into wrecks, though still requiring amendment, is not the least important part of the Merchant Shipping Act of 1854. It has proved of immense value to the State, and combined with the new law of admeasurement, and, of course, with that wholesome rivalry free navigation has created, has done much to improve the quality and equipment of the merchant vessels of Great Britain, and has, at the same time, tended to the safety of life and property at sea. This part of the Act provides, that whenever any ship is lost, abandoned, or materially damaged, especially in cases where life has been sacrificed, the Board of Trade may[145] institute an inquiry (I object to the mode in which this is now carried out) into the cause of such misfortune, and, for this purpose, appoint suitable persons to form a court, able and competent to deal with all such questions.

Under the eighth part of the Act, the Board of Trade has intrusted to it the general superintendence of all matters relating to wrecks cast on shore, together with the appointment of receivers, who have authority to summon all persons, promiscuously, to their aid, to whatever number may be deemed necessary for the saving from plunder or otherwise the property thus stranded, and to “demand the use of any waggon, cart, or horses that may be near at hand;” “all persons refusing, without reasonable cause, to comply with this summons are liable to a penalty not exceeding 100l.” The receiver can also use force to suppress plunder, and “if any person is killed, maimed, or otherwise hurt by reason of his resisting the receiver in the execution of his duties, this officer is indemnified against all prosecutions for such acts”—a power somewhat approaching the rigour of the ancient laws, but still not too stringent to suppress the lawlessness even now prevailing when wrecks take place on remote parts of our coasts. Certain rules are laid down to be observed by persons finding or taking possession of a wreck; for instance, he must give notice of it as soon as possible to the receiver of the district, and, if he fails to do so, is, thereby, subject to penalties for his neglect, as well as to the loss of all salvage. Salvage is awarded to persons saving life or property from the perils of the sea, and is regulated in amount by the risk incurred and the extent of services rendered, the saving of life having priority over all other claims.

Provision is, generously and very properly, now made, that no claim for the use of any of her Majesty’s ships in saving life or property shall be valid, and that no person on board of such ships shall be permitted to make any demand on this behalf without the formal consent of the Admiralty, the mode of procedure in all such cases, previously in many ways objectionable, is now clearly established and defined. Nor does the Act omit to deal, and with great propriety, with dealers in marine stores and manufacturers of anchors. Subsequently, but on much more debateable grounds,[146] an act was passed which dealt with the makers of chain cables.

Limitation of the liability of shipowners.

The ninth part of the Merchant Shipping Act defines or limits the liability of shipowners under certain circumstances; that is to say, shipowners are not liable, so far as regards fire, loss of life or personal injury, or loss of goods or merchandise, unless they have rendered themselves personally responsible, “to an extent beyond the value of their ship, and the freight due or to grow due in respect of such ship during the voyage.” This liability was further limited in 1862 by Mr. Milner Gibson when President of the Board of Trade.[147] The mode of procedure is laid down at length and with great perspicuity; but nothing in the Act is “to lessen or take away any liability to which any master or seaman, being also owner or part owner of the ship to which he belongs, is subject in his capacity of master or seaman.”

Various miscellaneous provisions.

The tenth part of the Act refers to the mode of legal procedure “in all cases where no particular country is mentioned within her Majesty’s dominions;” while the eleventh and last part deals with a few miscellaneous subjects, such as granting power to masters or owners of ships to enter into contracts, under certain circumstances, with Lascars or other natives of India for voyages to Great Britain, Australia, or other parts of her Majesty’s dominions: to corporations for the granting of sites for the erection of sailors’ homes: to the legislative authority of any British possession for the repeal, alteration or amendment of any provisions of the Act “relating to ships registered in such possession:” and to the Commissioners of Customs to recover from the Consolidated Fund, or from the Mercantile Marine Fund, all expenses incurred by them in the conduct of suits or prosecutions raised under the Act.

Such are the leading provisions of the Merchant Shipping Act of 1854, one of the greatest, most useful, and salutary measures ever passed, the repeal of the Navigation Laws excepted, in connection with the mercantile marine of Great Britain.[148]

Act of 1855.

In the following year (1855) an Act, which may be taken as part of the great Act of 1854, was passed to facilitate the erection and maintenance of colonial lighthouses; to amend some of the clauses referring to light dues; to specify more distinctly the conditions of ownership and the nature of mortgages; and to exempt the owners of pleasure yachts from having their names and the port to which they belong painted on the stern, as in the case of merchant vessels. Additional powers were also given by this Act to naval courts abroad, in the case of misconduct of the master or crew: for the relief of destitute Lascars, and for other matters of minor importance.