What constitutes “British Ships.”
But before I do so, it is necessary, even at the risk of wearying my readers, that I should give the meaning which has been usually attached to “British ships,” especially as this has varied in different trades and, from time to time, in the same trade, and explain, in as condensed a manner as possible, the more important changes in the old Navigation Laws, not already noticed or sufficiently described. Originally, a “British ship” was held to be one owned by the people of England, Ireland, &c., or, if built in the Plantations, owned by the people thereof, being British subjects. In 1786, an Act was passed (26 Geo. III., c. 60), by which it was provided for the future that no ships should be entitled to the privilege of “British ships” but such as were British built as well as British owned and navigated; exceptions, however, being made in favour of foreign ships built before May, 1786, and belonging, at that date, to English owners. Ships of this class might engage in all such voyages as were previously open to British-owned ships though not necessarily of British build. From the time that these ships of 1786, or of older date, became worn out, the term “British ship” acquired the sense in which it was used, up to 1847, except as regards the coasting trade, for which this further provision was made, that no foreigner was permitted to serve in her as a seaman.
It is also necessary to notice the effect of some clauses in the Act of 34 Geo. III., cap. 68, which provided that no ship, registered or required to be registered as a British ship, could import or export any articles whatsoever, unless duly navigated by British subjects. Thus a restriction, previously unknown, was placed on our export trade to foreign parts, and on the import from Europe of other articles than those enumerated in the Act of Navigation.
On further examination of the Navigation Act, it will be seen that exceptions from its general rules occur in two instances (Levant and East India goods) in favour of certain imports in British-built ships; while, in two other instances (Spanish and Portuguese colonial goods, bullion and prize goods), they were in favour of importations in British-owned shipping.
Lastly, provision was made in the 10th and 11th sections of the “Act for the Prevention of Frauds” (13 & 14 Car. II., cap. 2) with reference to the purchase of foreign-built ships, and for securing that such ships should be wholly owned by English persons, before they could avail themselves of the privileges conferred by the Act on such ships.
Such were the leading conditions of the “Act of Navigation” so far as regards “British ships;” but the “Statute of Frauds” further enacted (sect. 6, par. 2) that no foreign-built ship (that is to say, no ship built anywhere except in England, &c., or in his Majesty’s dominions in Asia, Africa, or America), except ships purchased before a given day and prize ships, should enjoy the privilege of a “British ship,” though owned and manned by “British subjects”; and such ships were deemed as aliens’ ships, and were liable therefore to all duties applicable to this class of vessels.
By a subsequent Act (15 Car. II., cap. 7, sect. 6) no goods from Europe were to be imported into the British possessions except in British-built shipping; and, by the Plantation Act (7 & 8 Will. III., cap. 22, sect. 2) all importations into, and exportations from, these possessions must be in British-owned, and British-built, and British-navigated vessels. Prize ships, if British owned, were, and always have been, entitled to the privileges of British vessels; the system of registering vessels having been first prescribed by the last-named Act.
Having thus stated the principles regulating “British ships,” I must now proceed to notice in some detail the more important changes in the Navigation Laws.
State of Navigation Laws in 1847. Rules in force in the Plantation Trade.
These Laws, in 1847, resting as they did on the Act of Parliament then in force, so far as regards The Plantation Trade provided (Rule 1) that “No goods shall be exported from the United Kingdom to any British possession in Asia, Africa, or America, nor to the islands of Guernsey, Jersey, Alderney, or Sark, except in British ships” (8 & 9 Vict., cap. 88, sect. 7). But vessels belonging to the United States may carry goods from this country to the principal British settlements in the East Indies (59 Geo. III., cap. 54, sect. 6). The Sovereign had the power to conclude treaties, allowing the same privilege to the ships of other foreign countries, and some such treaties were actually concluded: e.g. with Austria and in fact Russia (see 8 & 9 Vict., cap. 90, sect. 9).