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

by W. S. Lindsay

Majority for Bill, 10.

In Canada, as in all other colonies, the withdrawal of Protection was regarded as a great grievance, hence the repeal of the Navigation Laws was demanded by them only as a consequence of that event. But our North American colonies were not confined to Canada. The shipbuilding colonies of Nova Scotia and New Brunswick were opposed to repeal. The exceptional case of Canada might be met without entirely abrogating these laws. Having severely condemned Lord Palmerston for his circular, Lord Stanley then endeavoured to show that the warehousing system owed its origin to existing prohibitions, and that its increase or permanence depended upon their maintenance. He strongly objected to the proposal of admitting a foreign-built ship to British registry. It was essential, he maintained, to keep up the number and efficiency of our private building-yards, which would speedily decrease in number were such a proposal adopted. The question, indeed, could not be decided by one vote. The British merchants, the British Shipowners, the British seamen, and the British mechanics would not be satisfied with a Bill passed by a bare majority of the House, under pressure never heard of before, and with menaces such as had been thrown out. The people of this country will never know when they are beaten. The Marquess of Lansdowne having replied, repelling in indignant language the charge of having used menaces, the House went to a division at half-past four o’clock on the morning of the 10th May, on the question that “now” stand part of the motion. There appeared, Contents, present, 105; Proxies, 68; Total, 173: Non-contents, present, 119; Proxies, 44: Total, 163: Majority, 10!

Duke of Wellington votes for it.

This division was regarded at the time as of great political importance. Much uncertainty and speculation had before prevailed as to the relative state of parties upon the question in the House of Lords, and the fate of the Administration was generally supposed to depend on the decision as to the second reading of the Bill. The Shipowners were in the highest degree exasperated that they should be defeated by that which they called a pocket majority of proxies, as they had actually a majority of the Peers present adverse to the Bill. Perhaps that which occasioned the deepest mortification to them was that the Duke of Wellington, who had recently called attention to the state of the national defences, voted with the majority. With so narrow a majority as ten against them, the Shipowners resolved to make fresh efforts to obtain another division in committee, when, as proxies could not be accepted, it was anticipated that the obnoxious measure would be so altered, as to deprive it of its most objectionable features.

Accordingly Lord Stanley on the 18th May gave notice that he intended to propose the rejection of all the repealing clauses, i.e. the first and second, and, in point of fact, make the principle of the Bill one of conditional legislation. He proposed, farther, to enable British ships to bring the produce of Asia, Africa, and America indirectly, and to modify in the same spirit the clauses relating to the European trade. It should be remarked that the alarming news of an extensive rebellion in Canada had reached England since the day of the second reading, and a growing desire was felt that this great question of repeal should be finally settled one way or the other.

Proceedings and debate in committee.

Lord Stanley’s amendment.

In committee on the Bill (21st May), Lord Stanley brought forward his amendment, Lord Wharncliffe having given notice of one of the same or nearly similar tendency. The object of Lord Wharncliffe’s[126] amendment was that, until her Majesty should be fully satisfied that foreign countries would grant full reciprocity and commerce to this country, her Majesty should have no power to abrogate or repeal the Navigation Laws, so far as they affected the ships and commerce of those countries. Lord Stanley’s aimed at the same object. His Lordship said the distinction between his measure and that of the Government assumed this shape. Should we proceed to repeal, and then to re-enact a small portion, yet a portion, of the Navigation Laws which was the most burdensome to the British owner and the least advantageous to British commerce? or should the repeal be made conditional, by an enabling clause which conferred on the Queen the requisite power, when satisfied that reciprocity was accorded to us?

Rejected by 13.

The question gave rise to a very long and animated discussion, in which Earl Grey, the Earl of Harrowby, Earl Granville, Lord Colchester, the Marquess of Clanricarde, Lord Brougham, Lord Fitzwilliam, and the Marquess of Lansdowne took part; Lord Wharncliffe severing himself from Lord Stanley, and, in fact, voting against his amendment. The division which terminated this discussion was decisive of the fate of the Bill. On the question of Lord Stanley’s amendment there appeared, Contents, 103; Non-contents, 116: Majority against the amendment, 13! As no proxies in this division influenced the result, Lord Stanley at once withdrew all opposition to the repeal of the 8 & 9 Vict. cap. 88, which he only wished amended.