Such are the principal measures which are essential to the revival of the agricultural prosperity. I will now briefly notice the various restrictions with which the commercial interests have been not less injudiciously fettered, and the removal of which is of the highest importance to the progress and welfare of the colony. These may be divided into two heads, duties and disabilities; and first, with reference to the duties with which the various articles of export that the colonists possess or procure, have been shackled by the successive governors. The duties in question are enumerated in the following schedule, and are levied upon the undermentioned articles, whether they are intended for home consumption or for exportation, in which latter case it will be seen that some few of them are even doubled.

On each ton of sandal wood £2 10 0
On each ton of pearl shells 2 10 0
On each ton of beche la mer 5 0 0
On each ton of sperm oil 2 10 0
On each ton of black whale or other oil 2 0 0
On each fur seal skin 0 0 1½
On each hair ditto 0 0 0½
On each kangaroo ditto 0 0 0½
On cedar or other timber from Shoal-haven, or any other part
of the coast or harbours of New South Wales (Newcastle excepted,
as the duties are already prescribed there) when not supplied by
government labourers, for each solid foot -010 For every twenty
spars from New Zealand or elsewhere100On timber in log or plank
from New Zealand, or elsewhere, for each solid foot 0 1 0
For each ton of coals from Newcastle for home consumption 0 2 6
Ditto if exported 0 5 0
For each thousand square feet of timber for home consumption 3 0 0
Ditto if exported 6 0 0

That all these duties should be levied on these different articles, in as far as they may be consumed in the colony, may be highly expedient; but that they should be equally levied on exportation, and in two of the most material instances doubled, is so manifestly absurd, that it must be quite superfluous to dilate on the subject. It is a system of policy which it may be safely asserted is unknown in any other part of the world; and nothing but the indubitable certainly of its existence would convince any rational person that it could ever have entered into the contemplation of any one intrusted with the government of a colony. These duties have had the effect which might have been expected from them; they have in most instances amounted to actual prohibitions. Their operation, indeed, has been found so burdensome and oppressive, that the colonial merchants have frequently petitioned the local government for relief; but no attention whatever has been paid to their repeated representations and remonstrances. Had it not been for the duties on coals and timber, some hundred tons of these valuable natural productions would have been exported annually to the Cape of Good Hope and India; since the vessels which have been in the practice of trading between those countries and the colony have always returned in ballast; and the owners or consignees would, therefore, have gladly shipped cargoes of timber or coals, if they could have derived the most minute profit from the freight of them. This observation holds good in a great measure with respect to the various other articles which have been enumerated: the exportation of the whole has been greatly circumscribed by the same ridiculous and vexatious system of impost. It can hardly be credited that the veriest sciolist in political economy could have been guilty of such a palpable deviation from its fundamental principles; but it is still more unaccountable, that a succession of governors should have pertinaciously adhered to a system of finance so absurd and monstrous.

Highly injurious, however, as are the duties which are levied in the colony, they are not nearly so oppressive as those which are levied in this country, on spermaceti, right whale, and elephant oils procured in vessels built in the colony. The duties on the importation of such oil into this country, are £24 18s. 9d. for the first sort, and £8 6s. 3d. for the two last. If we add to these enormous duties those which are levied by the authority of the local government, it will be perceived that all the spermaceti oil procured by the colonial vessels has to pay a duty of £28 8s. 9d. and all the right whale and elephant oil a duty of £10 6s. 3d. before it can come into competition with the oil of the same description procured in vessels built in the united kingdom. It has, however, been seen, that the colonists, propelled not less by that spirit of enterprize which distinguishes Englishmen in every quarter of the globe, than by the desire of finding profitable employment for that large portion of unoccupied labour, of which I have hastily pointed out the causes and march for the last fifteen years, have frequently attempted, notwithstanding these overwhelming prohibitions, to carry on these fisheries, but always without success; and that the valuable fishery of right whales which the river Derwent affords at a particular season, is now only resorted to, in order to procure the trifling supply of oil which is requisite for the East India market and for internal consumption. All attempts to export oil to this country have been for many years abandoned; since the trade could only be maintained at a dead loss, as the ruinous experience of many of the colonial merchants has abundantly attested. The reason why these enormous duties were imposed on oil procured in the colonial vessels is not generally understood here, but it is universally known in the colony; and the knowledge has materially tended to increase the dissatisfaction which the imposition of such duties would of itself, to a certain extent, have naturally excited. The act which authorizes these duties, is one of those smuggled acts by which, to the disgrace of our legislature, the welfare and happiness of helpless unprotected thousands have been so frequently sacrificed on the shrine of individual avarice or ambition. It originated in a certain great mercantile house extensively concerned in the South Sea fisheries, and could never have been passed, had there been a single person in either house of parliament, at all interested in the prosperity of this colony. This act, indeed, is such a terrible deviation, such a monstrous exception to the usual policy of this country with respect to the fisheries, that it carries with itself the strongest internal evidence of its polluted origin. No such restrictions had ever before been imposed on any of our colonies, as will be sufficiently evident, if we compare the duties which are levied in this country on oils procured in the vessels belonging to the colonies in North America and the West Indies, with those which are levied on oils procured in the vessels fitted out from the united kingdom. These duties are as follow:

*Train oil, the produce of fish, or creatures living in the
sea, taken and caught by the crew of a British built vessel,
wholly owned by his majesty's subjects, usually residing in Great
Britain, Ireland, or the islands of Guernsey, Jersey, Alderney,
Sark, or Man, registered and navigated according to law, and
imported in any such shipping, per ton 0 8 3¾
[* See Pope's Practical Abridgment of the Laws of
Customs and Excise, etc. etc. Title 246.]
Train oil, the produce of fish, or creatures living in the
sea, taken and caught on the banks and shores of the island of
Newfoundland and parts adjacent, wholly by his majesty's subjects
carrying on such fishery from that island, and residing therein,
and exported directly from thence in a British built ship or
vessel, registered and navigated according to law, per ton 1 4 11¼
Train oil, the produce of fish, or creatures living in the
sea, taken and caught wholly by his majesty's subjects, usually
residing in any of the Bahama or Bermudas islands, or in any
British plantation in North America, and imported in a British
built vessel, registered and navigated according to law, per
ton 3 6 6
Train oil, the produce of fish, or creatures living in the
sea, taken and caught wholly by his majesty's subjects, usually
residing in any other British plantation, territory, or
settlement, and imported in a British built vessel, registered
and navigated according to law, per ton 8 6 3
Spermaceti oil, or head matter, taken and caught by the crew
of a British built vessel, wholly owned by his majesty's
subjects, usually residing in Great Britain, Ireland, and the
islands of Guernsey, Jersey, Alderney, Sark, or Man, registered
and navigated according to law, and imported in any such vessel,
per ton 0 8 3¾
Spermaceti oil, or head matter, taken and caught on the banks
and shores of the island of Newfoundland and parts adjacent,
wholly by his majesty's subjects carrying on such fishery from
that island, and residing therein, and imported directly from
thence in a British built vessel registered and navigated
according to law, per ton 1 4 11¼
Spermaceti oil, or head matter, taken and caught wholly by his
majesty's subjects, usually residing in any of the Bahama or
Bermudas islands, or in any British plantation in North America,
and imported in a British built vessel, registered and navigated
according to law, per ton 4 19 9
Spermaceti oil, or head matter, taken and caught wholly by his
majesty's subjects, usually residing in any other British
plantation, territory, or settlement, and imported in a British
built vessel, registered and navigated according to law, per
ton 24 18 9

From the foregoing statement it will be perceived that the duty levied on train oil, or spermaceti oil, or head-matter procured by the inhabitants of Newfoundland, is precisely the same, and only three times the amount of that which is levied on the same substances procured by British subjects residing in the united kingdom; and that the duty levied on oil, procured by British subjects residing in the Bahama, or Bermudas islands, or in the plantations in North America, is only eight times the amount on train oil, and twelve times the amount on spermaceti oil or head-matter, of that which is levied on the same substances taken by British subjects residing within the united kingdom. While on the other hand, the duty levied on oil procured in any other colony; (for mark, the contrivers of this act had sufficient cunning not to particularize the unfortunate colony against which it was levied) is twenty times greater on train oil, and oh, monstrous injustice! upwards of sixty times greater on spermaceti oil, or head-matter, than that which is levied on similar substances taken by British subjects residing within the limits of the united kingdom. The duty, therefore, which is payable on train oil procured in vessels belonging to this colony is nearly seven times greater than that which is payable on the same description of oil taken in vessels belonging to the island of Newfoundland, and considerably more than double that which is payable on it, when taken in vessels belonging to the Bahama or Bermudas islands, or to the plantations in North America; while the duty which is levied on spermaceti oil, or head-matter, procured in vessels belonging to this colony, is five times the amount of that which is levied on such oil or head-matter, when taken in vessels belonging to the Bahama, or Bermudas islands, or to the plantations in North America; and twenty times the amount of that which is levied on similar substances when taken in vessels belonging to Newfoundland. This very unequal proportion which the duties levied on these two sorts of oil, if procured by the inhabitants of this colony, bear to each other when compared with the duties which are levied on the same substances if procured by the inhabitants of any of the foregoing colonies or plantations, furnishes an additional proof, were any required, of the correctness of my assertions with respect to the origin of the act by which they were imposed. The house who were the authors of it, could not consistently get the duty on one description of oil raised, without at the same time admitting the necessity for raising the duty on the other; but as they were not interested in the right whale fishery, they were only anxious to prevent the colonists of New South Wales from embarking in the sperm whale fishery; and could they have accomplished this object without running the risk of discovering the covert aim of the act in its progress through parliament, they would have gladly compromised this point with them, and have left the right whale fishery open to them on the same conditions as it was before the enactment of this bill. To have evinced, however, any such tolerant inclination might have betrayed their design, and accordingly the colonists were debarred from both the fisheries; for notwithstanding that regular gradation has by no means been adhered to in the imposition of these duties, which had been previously observed in the scale of the duties levied in the other colonies or plantations, they have in both instances been more than sufficient to constitute actual prohibitions.

That any superiority of privilege whatever should have been conceded by the legislature of this country, in the various acts which have been passed for the encouragement of the fisheries, to British subjects residing within the limits of the united kingdom, is at best a manifest injustice to such of her subjects as inhabit the colonies; but yet so long as this partiality was confined within any reasonable bounds, it would not have excited any considerable feeling of dissatisfaction. That there should, however, be any gradation in the scale of duties to be levied on any description of merchandise procured or produced in the colonies themselves, is a system which it is impossible to reconcile with any principle of justice or policy. Still so long as this disproportion of impost, however unwise and unjust, did not become so burdensome and oppressive as to confine this branch of commerce, whatever it might be, to the privileged colony or colonies, some palliation might be offered by its advocates for its continuance, although the warmest of them would not be able to attempt its vindication. But that any one colony should be utterly excluded from privileges freely accorded to another, is such a monstrous stretch of tyrannical partiality, that it never could have been deliberately discussed in a free government, and must therefore have been contrived by the secret machinations of private avarice and corruption.

Can any reason be adduced why British subjects residing in one colony, should be excluded from the whale fisheries more than British subjects residing in another? Why vessels built in Canada, Nova Scotia, Newfoundland, or the Bahama islands, should possess a privilege denied to vessels built in New Holland or Van Diemen's Land? The whale fishery is not more contiguous to the inhabitants of the former colonies than to those of the latter; yet every encouragement is afforded for the carrying on of the one, and every obstacle thrown in the way of the successful prosecution of the other. Why such a broad line of distinction is drawn, it is impossible to divine; since the disability which is the consequence of it, is not only not in furtherance of any of the ends contemplated by the navigation act,* but in diametrical opposition to the whole of them. This will be evident if we refer to its preamble, and to a few of its prominent provisions. "Whereas for the increase of shipping and encouragement of the navigation of this nation, wherein under the good providence and protection of God, the wealth, safety, and strength of this kingdom is so much concerned; it is enacted that no goods, or commodities whatsoever, shall be imported into, or exported out of any lands, islands, plantations or territories to his Majesty belonging, or in his possession, or which may hereafter belong unto or be in the possession of his Majesty in Asia, Africa, or America, in any other vessels whatsoever, but in such vessels as do truly and without fraud belong only to the people of England, Ireland, or are of the built of and belonging to any of the said lands, islands, plantations, or territories as the proprietors and right owners thereof, and whereof the master and three-fourths of the mariners at least are English, under the penalty of the forfeiture and loss of all the goods and commodities which shall be imported into, or exported out of any the aforesaid places, in any other vessel, as also of the vessel with all its tackle," etc. From this, which is the principal clause of the act, it clearly appears that British subjects in whatever part of the empire they may happen to reside, are entitled to precisely the same privileges, and that vessels built in any of her colonies are to all intents and purposes to be deemed of British built, in the same manner and on the same terms and conditions as if they had been built within the limits of the united kingdom, i. e. so long as the master and three fourths of the crew are British subjects. That this admission to a perfect equality of privilege, was and is still the intent not only of the navigation act, but of all the leading acts of navigation which have been passed since, we shall be still further satisfied, if we trace them in their whole progress to the present hour. It will not, however, be necessary to extend our examination either way beyond the great registry act passed in the twenty-sixth year of the reign of his present majesty, cap. 60. "By this act very considerable alteration was made in the whole concern of registering shipping, with a view of securing to ships of the built of this country, a preference and superiority which they had not enjoyed so completely before. The plan of regulation then proposed to parliament was the result of an inquiry and deliberation of great length before the committee of Privy Council for the Affairs of Trade and Plantations; and that inquiry was commenced and carried on, and the measure at length decided upon principally by the exertion and perseverance of the late Earl of Liverpool."** What vessels are still deemed in this careful and elaborate revision of the navigation code to be of British built, may be seen from the first clause of this act, which ordains "that no vessels foreign built (except such vessels as have been, or shall hereafter be taken by any of his Majesty's vessels of war, or by any private, or other vessel, and condemned as lawful prize in any court of admiralty) nor any vessel built or rebuilt upon any foreign-made keel or bottom, in the manner heretofore practised and allowed, although owned by British subjects, and navigated according to law, shall be any longer entitled to any of the privileges or advantages of a British built ship, or of a ship owned by British subjects, and all the said privileges and advantages shall hereafter be confined to such ships only as are wholly of the built of Great Britain or Ireland, Guernsey, Jersey, and the Isle of Man, or of some of the plantations, islands, or territories in Asia, Africa, or America, which now belong, or at the time of building such vessels did belong, or which may hereafter belong to or be in the possession of his Majesty; provided always, that nothing hereinbefore contained shall extend to prohibit such foreign built vessels only as before the 1st of May, 1786, did truly and without fraud wholly belong to any of the people of Great Britain or Ireland, Guernsey, Jersey, and the Isle of Man, or of some of the plantations, etc. etc." Here then we have cited the two leading clauses in the two leading acts of navigation, and both prove that the objects which this country had in view, were to create nurseries of seamen for her navy, and to secure to her subjects, in whatever part of her extended empire they might reside, the benefit of the carrying trade. The imposition, therefore, of any duties on her subjects in any of her colonies, greater than those which are levied under similar circumstances on her subjects at home, far from being in unison with the liberal and enlightened policy of the navigation laws, is a broad deviation from their fundamental principles, and the creation of an entire system of exclusion, such as the one under consideration is, a fortiori, an utter violation of their letter and spirit. That any prohibitory duties of this sort could ever have been enacted, will appear still more surprising, if we look a little further into the policy which this country has pursued with respect to her other fisheries, particularly the cod fishery on the banks of Newfoundland, and parts adjacent. For when by the 15th Charles II. cap. 7. she enlarged the scope of her great navigation act, and to the two main original objects contemplated in this act, viz. the creation of nurseries for seamen, and the securing to her subjects the carrying trade, she superadded a third, viz. that of making herself the entrepot for the deposit of all goods and commodities, whether the growth, production, or manufacture of Europe, or of her colonies, it having been foreseen that this alteration in her maritime code would be prejudicial to the cod fisheries, and that it would most materially conduce to their prosperity and extension still to allow salt, provisions, wine, etc. to be imported directly from various countries not subject to the dominion of the crown of England into the colonies from whence these fisheries are carried on, this enlarged act,*** after ordaining "that no commodity of the growth, production, or manufacture of Europe shall be imported into any land, island, plantation, colony, territory, or place to his Majesty belonging, or which shall hereafter belong unto, or be in the possession of his Majesty in Asia, Africa, or America, (Tangier only excepted) but what shall be bona fide and without fraud, laden and shipped in England, and in English built shipping, and whereof the master and three fourths of the mariners at least are English, and which shall be carried directly thence to the said lands, islands, plantations, colonies, territories or places, and from no other place whatsoever, any law or usage to the contrary notwithstanding, under the penalty of the loss of all such commodities of the growth, production, or manufacture of Europe, as shall be imported into any of them from any other place by land or by water, and if by water, of the vessel also in which they were imported with her tackle, etc. etc." immediately subjoins:--"Provided that it shall be lawful to ship and lade in such ships, and so navigated as in the foregoing clause is set down and expressed in any part of Europe, salt for the fisheries of New England and Newfoundland, and to ship and lade in the Madeiras wines of the growth thereof, and to ship and lade in the Western Islands, or Azores, wines of the growth of the said islands, and to ship and take in servants or horses in**** Scotland or Ireland, and to ship or lade in Scotland all sorts of victual, the growth or production of Scotland, and to ship and lade in Ireland all sorts of victual of the growth or production of Ireland, and the same to transport into any of the said lands, islands, plantations, colonies, territories or places." Here then is an instance of a very material deviation from the spirit of the navigation laws for the sole purpose of encouraging a fishery; but who can deny its policy? The legislature in this case had to decide whether they would extend this great national nursery for seamen, or whether they would check its growth by preventing the direct trade between these colonies and Europe, Madeira, the Azores, etc. and by making herself the entrepot for the deposit and exchange of all the produce of these fisheries on the one hand, and of the productions of Europe, etc. etc. that were necessary for their extension on the other. The advantages that she would have derived from such a selfish arrangement, she wisely foresaw would be more than counterbalanced by the concomitant detriment which her maritime interests would have sustained from it. And hence this deviation from one of the leading objects of her navigation laws, a deviation which has not only been continued ever since, but even considerably enlarged; for many other places are now included in the direct commerce with these colonies, as will be seen by reference to the 46 Geo. III. c. 116. which recites, "whereas by the laws in force no commodity of the growth, production, or manufacture of Europe, is allowed to be imported into any place to his Majesty belonging, or which shall hereafter belong unto, or be in the possession of his Majesty in Asia, Africa, or America, but what shall be bona fide and without fraud, laden and shipped in Great Britain, or Ireland, except salt for the fisheries of Nova Scotia, Newfoundland and Quebec, which may be laden in any port of Europe, and also except any goods fit and necessary for the fishery in the British colonies or plantations in America, being the growth, produce, or manufacture of Great Britain or Ireland, or of the islands of Guernsey or Jersey, which may be shipped and laden in the said islands respectively by any of the inhabitants thereof, and also except wines of the growth of the Madeiras and the Western Islands, or Azores, which may be laden at those places respectively: and whereas, it may tend to the benefit of the British fisheries, and to the advantage of the commerce and navigation of this country, if permission was given for certain other articles to be shipped for the British colonies in North America, at other places in Europe than those hereinbefore mentioned, under certain regulations and restrictions:" it is therefore enacted that any fruit, wine, oil, salt, or cork, the produce of Europe, may be shipped and laden at Malta, or Gibraltar, for exportation direct to the said plantations in North America, on board any British built vessel, owned, navigated, and registered according to law, which shall arrive with the produce of the said fisheries taken and cured by his majesty's subjects carrying on the said fishery from any of the said plantations, or from Great Britain or Ireland.

[* 12 Car. II. chap. 18.]

[** Reeves, second edition, p. 397.]