First Navigation Law in France, A.D. 1560—Law of Louis XIV., 1643, revised by Colbert, 1661—Its chief conditions—Regulations for the French Colonial trade—Slightly modified by the Treaties of Utrecht, 1713, and of 1763, in favour of England—Provisions of 1791 and 1793—Amount of charges enforced—French and English Navigation Laws equally worthless—“Surtaxes de Pavillon” and “d’Entrepôt”—“Droits de Tonnage”—Special exemption of Marseilles—French Colonial system preserved under all its Governments, but greatly to the injury of her people—English Exhibition of 1851—Messrs. Cobden and Chevalier meet first there, and ultimately, in 1860, carry the Commercial Treaty—The French, heavy losers by maintaining their Navigation Laws—Decline of French shipping—Mr. Lindsay visits France, and has various interviews with the Emperor, Messrs. Rouher and Chevalier on this subject—Commission of Inquiry appointed, and Law ultimately passed May 1866—Its conditions—Repeal Act unsatisfactory to the French Shipowners—Another Commission of Inquiry appointed, 1870—Views of rival parties—M. de Coninck—M. Bergasse—M. Siegfried—M. Thiers and Protection carry the day, and reverse, in 1872, much of the law of 1866—Just views of the Duke Decazes—Abolition for the second time of the “Surtaxes de Pavillon,” July 1873.
First Navigation Law in France, A.D. 1560.
The first appearance of anything in the shape of a Navigation Law which can be traced in the history of the French nation is to be found about A.D. 1560, during the reign of Charles IX., or rather during that of his mother, Catherine of Medicis, when Regent. It is of the most absurdly stringent character, forbidding French subjects, under any circumstances, to freight foreign vessels in the ports of his realm. Nor would he allow such vessels to carry from his ports any kind of merchandise: but, like most other laws of a similarly rigorous character, they were very imperfectly carried out, and so seldom enforced that, by degrees, they fell into desuetude.
Law of Louis XIV., 1643, revised by Colbert, 1661.
It was not, however, until the reign of Louis XIV. (A.D. 1643) that anything like a regular system of Navigation Laws was adopted; and this would seem to have been copied from the laws of England of that period, inasmuch as it had for its object that which England had proposed with regard to her own ships—the protection and the development of the French mercantile marine. But Colbert, the celebrated finance minister, in 1661, appears to have devoted considerable attention to this question, and, though he framed a law, at first as protective in its character as any of the maritime laws promulgated in England, it was, soon afterwards, moderately relaxed by his wisdom, in favour of the ships of other nations.
Its chief conditions,
In the reign of Louis XIV., as also in that of Louis XV., various ordinances and regulations were likewise issued for the purpose of determining the conditions necessary to entitle a vessel to the privileges of a French ship. Thus in the regulation bearing date 24th October, 1681, and, in several letters as well as in various ordinances, it was provided that no vessel should be allowed the privilege of hoisting the French flag, unless she were entirely owned by the subjects of that country, and unless the names of all the owners were duly registered. For every offence, or any deviation from this law, a fine of 1000 livres was inflicted; and, in case of any repetition of the offence, corporal punishments were ordained against all captains who navigated, under the French flag, any vessel of alien ownership. There was, however, no prohibition against the acquisition of vessels of foreign build. French subjects were allowed to confer on such vessels the French character by certain declarations, such as dimensions, where and by whom constructed, and by registering the names of the owners, and the contract of sale. No alien was, however, permitted to command a French vessel; nor, by the ordinance of 27th October, 1727, could even a French subject do so who had married an alien.
Foreigners were also excluded from any functions of authority; and, as in the case of the English Navigation Laws, it was ordained that every vessel should be manned by a crew of which two-thirds, at least, were French subjects. Indeed, in 1710, French subjects were forbidden, agreeably with their most ancient Navigation Law, to import goods from England in any but French bottoms—a law, at that time, levelled exclusively against this country, as it did not embrace other nations. This law was, however, abolished, three years afterwards, by the treaty of Utrecht, though again enforced when war, subsequently, broke out between the two countries. Besides this, the duty known by the name of “Droit de tonnage” (tonnage dues), for the protection of the French mercantile marine, was levied on all foreign vessels; and, though England obtained a temporary exemption from it also by the treaty of Utrecht, this duty remained practically in force till replaced by another tonnage duty in 1793. Indeed, for a long time, absolute prohibition had existed against all foreign vessels engaging in the carrying trade between the ports of France, except those of Spain, which in 1768 (January 2nd), by a treaty, known by the name of “Pacte de famille,” signed by the Kings of France, Spain, the Two Sicilies, and the Duke of Parma, as members of the reigning Bourbon family, made the Spaniards free of the existing French trade, and placed them in all respects on a similar footing, so far as that treaty was concerned, with the subjects of France. This privilege, though suspended by the Revolution, was restored by the Convention of 20th July, 1814, and still remains in force, on the part of France.
Regulations for the French Colonial trade.
The most important element, however, of the ancient Navigation Laws of France was the system of regulations for the purpose of increasing the trade with the French colonies. In its main features, it has been preserved by all the Governments, Revolutionary and Constitutional, which have, successively, presided over the destinies of that country, continuing almost unaltered far into the present century, when it was materially modified, though not entirely abolished, by the economical reforms of Napoleon III.