CO885(1-2) — Page 250

PUBLIC RECORD OFFICE

Reference :-

TITLTIC.O. 885

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

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of such prohibitions of course is to prevent our becoming the storehouse for the merchandize of those quarters of the globe to so great an extent as we should otherwise be.

These are some of the principal injuries which our general commerce sustains from the law; but it is difficult to enumerate the whole, or to estimate the indirect and remote pressure of its several restrictions.

IV. The proposed Bill.

The main features of the proposed Bill are :- 1st. That it removes all the restrictions which the existing law imposes upon the employment of foreign ships in the foreign and colonial trades, subject to the powers committed to the Crown of exercising retaliation upon the ships of such States as may not treat us on a footing of equa- lity; 2nd, that it admits foreign-built ships to he registered as British; and 3rd, that it repeals the obligation to carry apprentices.

Besides the general objections that of course are urged against so comprehensive a measure,

upon some special questions have been raised following points:-

the

a. The propriety of intrusting the Crown with the powers contained in the 9th and 10 clauses.

b. The propriety of retaining the regulation that British ships must be manned by a given proportion of British seamen.

c. The precise effect of the Bill upon our fisheries, upon the coasting trade of our colonies,

and the inter-colonial trade, upon the trade with India, &c. -

Crown.

a. The objections taken to the 9th and 10th Power of the clauses are threefold. First, it is said that it is unconstitutional to give the Crown the power of levying duties. Next, by the free-traders, that the doctrine of making, our relaxations in any degree depend upon the proceedings of foreigners is a vicious one. Thirdly, by the opposite party, that our relaxations ought to be made much more strictly to depend upon the proceedings of foreigners, and that it ought not to rest with the Queen to exercise any discretion as to retaliation.

Existing Powers.

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With regard to the first objection, it is suffi- cient to remark, that the second of the two clauses that relating to the imposition of duties -gives no powers which the Queen does not already possess under the Reciprocity Acts

of George IV, and the 8th section of the Customs Duties Act; and that the other clause

is analogous to former legislation (I allude par- ticularly to the Act 3 Geo. IV, c. 44, § 15), and even to our present legislation (see 8 and 9 Vic. c. 93, § 4), with regard to the trade of the colonies.

In order to set the matter in a clearer light, it may be well to recapitulate the powers which the Executive already has of altering duties and charges, so as to place the trade and navigation of some foreign countries on a more or less favour- able footing than that of other foreign countries. These are divisible into two classes: first, the power which the Queen has of concluding and giving effect to treaties; secondly, the powers which the Queen has of altering duties and charges, without the necessity of referring to any treaty; to which may perhaps be added as a third case, though it is rather a subdivision of the first, the power which the Lords of the Treasury have, under the 12th section of the Customs Duties Act, of reducing a particular class of duties so as to give effect to treaties.

I. The powers which the Queen has of con- cluding and giving effect to treaties involving alterations of duties and charges, and the modi- fication of our Navigation Laws, rest upon the foundation of the Act 59 Geo. III, c. 54, which was passed to enable His Majesty to carry out the treaties with the United States and Portugal. This Act provides,-

1. That equal dutics shall be paid and equal bounties and drawbacks granted, upon the im- portation or exportation of certain descriptions of goods, whether in British or American vessels. 2. That American vessels shall be allowed to trade between the United Kingdom and the British dominions in India.

3. That no higher duties shall be charged by the Trinity House, or by other corporations

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