Other difficulties arose from the indefinite character of the law: thus, gin could be brought into England, but brandy could not, in any foreign ships. American vessels could not bring corn from Holland; while, on the other hand, American corn landed in Holland could not be brought to England in a Bremen ship; and these difficulties were, in the case of corn, considerably increased by the difficulty of pronouncing upon the actual origin of the corn, as none but the most experienced dealers in grain could decide such a question, and, even with them, it must often have been mere guess work. A case occurred in which timber from Memel was sent to British North America, and, afterwards, brought to England at the low differential duty then existing. The law, at that time, permitted the produce of British possessions abroad to be imported, without its being described as the produce of those possessions; a tolerated evasion, it is clear, of the Navigation Law. But in the case of a ship arriving from Hayti, bringing a cargo of Haytian produce, the master described his ship as a Swedish ship, there being, in point of fact, no Haytian ships. In this case, the goods were liable to forfeiture; but they were allowed to be warehoused for exportation, and the vessel was permitted to depart. A Swedish ship was clearly inadmissible under the 16th Section of the Navigation Act.
Naturalisation of goods brought to Europe.
Perhaps one of the greatest absurdities attending the practical working of the Navigation Law was that which related to the “naturalisation” of goods, the produce of Asia, Africa, and America, which, when once landed in Europe, were, by this Act, not admissible into the ports of Great Britain, even in British ships, for home consumption.
Two remarkable cases came under my own experience, so curiously illustrative of the laxity and stringency of the law respectively, as to deserve especial notice. In the first case, thirty-five casks of annatto, the produce of Cayenne, a French colony, were in course of transit in a French ship to Bordeaux. This valuable dye could have been brought direct from Cayenne in a British ship for home consumption to England; but, if once brought from the French colony in a French ship, and landed in Europe, it was clearly inadmissible under the clause, “that goods, the produce of Asia, Africa, and America, shall not be imported from Europe into the United Kingdom to be used therein.”
The value of annatto is apt to fluctuate suddenly from very low to enormously high prices, just as the fashion for the colour varies. Annatto on this occasion rose to a high price; and a London agent, knowing that thirty-five casks of it were on their way to Europe, set his wits to work to bring this French colonial produce into a port in England, in spite of the Navigation Laws. The agent was thoroughly acquainted with every branch of the law, and asked himself what constituted a landing in Europe? Having satisfied himself on this point, he arranged with an eminent house at Bordeaux to purchase the annatto for arrival, land the cotton, which constituted the chief part of the cargo, and charter a small vessel, and send on the annatto to London in this British ship. This was done; and, when the vessel was on the point of arrival, he sought the Commissioners of Customs, and frankly avowed his proceedings. Mr. Dean, one of the chief officers, admitted that, many years previously, especially during the war in 1810, similar transhipments had been allowed, under the authority of the officers of the Crown,—a mere transhipment, and certain formalities performed at the French Customs, not being “a landing in Europe,”—and the thirty-five casks of annatto were admitted at a profit to the partners of nearly 3000l.[58]
Waste of capital caused thereby,
In the second case, the rigour of the law led to the greatest absurdity. About the year 1839, the price of coffee was very high in the London market, while large quantities of the finest Java and Dutch colonial coffee were warehoused in store in Amsterdam. This produce was clearly inadmissible under the clause already quoted, having been, beyond all dispute, “landed in Europe.” In what way could this coffee be brought into the London market in the teeth of the existing stringent Navigation Laws? The same agent, who represented one of the oldest Dutch houses, contracted to deliver a cargo of Dutch coffee at a given price at a distant period. He then chartered a British ship, which he sent to Amsterdam, took in a cargo of coffee, and the ship thus laden with Dutch colonial produce was sent to the Cape of Good Hope. At that colony the coffee was landed, or, at all events, was supposed to be landed, fresh papers were made out, and the coffee consigned to London as “naturalised” produce, and, coming direct from a British colony in a British ship, was, of course, admissible for home consumption. To despatch many thousand tons of coffee and other produce half across the globe from Europe, for no other purpose than to be brought back again, in order to comply with the rigorous provisions of the old Navigation Laws, which, in point of fact, were nullified as regards goods, while the shipowners alone reaped the advantage of this useless and protracted voyage, was surely a climax of absurdity! Nevertheless, it is within my own personal experience that a large amount of business was transacted in this way, all the expenses incurred being, in an economical point of view, a total waste of capital.
and obstructions to trade.
Story of the cochineal.
Again, on the part of the old law, the want of adaptability to the changing conditions of different markets was often a serious difficulty. Thus, it often happened that the state of these markets in different parts of the world presented favourable mercantile prospects; but no suitable vessel could be found to carry the goods to the market where they were required. For instance, hostilities being about to break out between France and the United States in 1834, the price of French brandy rose enormously in America, while, at the same time, the large quantities of that article then in England rendered it unsaleable in the London market. At the time there was not an American vessel to be chartered in the Thames, and the American Navigation Laws precluded the brandy from being carried in a British vessel. On the other hand, palm-oil, at times, could not be brought from the United States, there being no British vessel available for charter on the spot. In such cases, the merchants complained in their letters in doleful terms, “I have lost my commission, and some British vessel the freight.” Instances of such occurrences were multiplied from all parts of the world. Much was said at the time about the difficulty of bringing cochineal from the Canary Islands, where the cactus, on which it feeds, had recently been cultivated for this purpose. Though it might be absurd to raise such complaints, as the smallest possible inconvenience resulted from the state of the law as it affected this particular article, the principle applied to the whole colonial system; and, as Spain refused to allow British ships to carry British goods to the Canaries, it was urged that our colonial system ought to be altered, so as to induce Spain to modify hers. Cochineal produced in the Canaries, and landed at Cadiz in Europe, like other articles, had to be sent elsewhere out of Europe to be naturalised, in order to come in for home consumption.