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C.O.885

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though whether the benefits we derived were ever commensurate with the evils that flowed from it, is very doubtful. But it was made at a time when the prosperity of our colonies was just beginning, and when it was impossible but that they should attract a great trade. A great part of this trade would, but for the Navigation Laws, have fallen into the hands of the Dutch. The law threw it all into the hands of the Eng- lish. It did so to the detriment of the colonies", and it entailed upon this country several dis- advantages; but upon the whole it seems reason- able to suppose that the intended effect-the increase of our maritime power--was produced, and that we had a greater naval force at the end of the century than we should have had but for

the Navigation Act.

The nature of the original Navigation Act, by which I mean the Act of 12 Charles II, and of the modifications which have been intro- duced since it was passed, will appear most clearly by a reference to the comparative view of the Navigation Laws of 1660 and 1847, printed in the Appendix to the Report of the Committee of the House of Commons last session. It will be seen that the original law was much stricter and more consistent than the present, and better calculated to insure its object. For instance, in regard to the colonial trade, it is obvious that our colonies

• The following extract from a letter of Sir Wm. Berkeley, the Governor of Virginia, dated June 20, 1671, may be quoted in support of this assertion:-

Mighty and destructive have been the obstructions to our trade and navigation by that severe Act of Parliament which exoludes us from having any commerce with any nation in Europe but our own, so that we cannot add to our planta- tion any commodity that grows out of it, as olive trees, cotton,

or vines; besides this, we cannot procure any skilful men for

our own hopeful commodity of silk; and it is not lawful for

us to carry a pipe stave, or a bushel of corn, so any place in Europe out of the King's dominions. If this were for His Majesty's service, or the good of the subject, we should not replae, whatever were our sufferings; but on my soul it is the contrary for both, and this in the cause why no small or great For we are most obedient to all laws, vessels are built here.

whilst the New England men break through them, and trade to any place that their interest leads them to. I know of no improvement that can be made in trade unless we had liberty to transport our pipe staves, timber and corn, to other places besides the King's dominions."

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must trade somewhere, and we, by forcing them to trade almost entirely with the mother-country, effectually secured a certain amount of employ- ment for British ships; whereas now that they may trade with all countries, and may, under certain limitations, use foreign ships for the pur- pose, it is quite conceivable that the effect of our restrictions might be to force them to abandon the trade with this country and take to the foreign trade, whereby we should lose commer- cially, without gaining anything for our ships.

In the first years after the passing of the law it will be seen from that statement that the efforts of the Legislature were directed to making it more strict. The Statute of Frauds (13 &

14 Car. II, c. 11), passed one year after the Navigation Act, went the length of absolutely prohibiting the importation of a considerable number of articles from Holland and Germany

in any ship whatsoever, the object being to prevent the Dutch and Hamburghers from col- lecting those articles from distant parts, in order that they might be warehoused there and sent

to such countries as needed them.

The same statute may be said to have been the first which introduced the distinction between English-built and foreign-built ships; the pro- minent object of the Act of Navigation having been to confine certain privileges to ships owned by Englishmen, without, in general, any regard to the place of their build. The distinction thus established by the Statute of Frauds was carried further by the Acts 15 Car. II, c. 7; 1 Jac. II, c. 18; and 7 & 8 Wil. II, c. 22; but their present complete monopoly was first granted to British-built ships by 26 Geo. III. c. 60.

The Navigation system appears to have at tained its climax at the close of the seventeenth century, though some further restrictions were introduced at later periods. At that time

a. No produce of Europe could be imported into any of our plantations except from England

or Wales; even Irish or Scotch produce could

not be imported from Ireland or Scotland.

b. None of the principal productions of the plantations could be exported except to England

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