CO885-(1-2) — Page 233

PUBLIC RECORD OFFICE

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C.O. 885

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Colonies.

Lastly. The regulations affecting the foreign Foreign Trade of trade of our colonies are more complicated than any of the foregoing.

The fundamental rule is the same which we adopt in our trade with Asia, Africa and America, namely, that no goods shall be imported into them in any foreign ship, unless it be a ship of the country of their production, being also the But country from which they are exported. this rule is more stringent than the correspond- ing one in this country, since it applies not only to importations for consumption, but to impor- tations for warehousing with a view to re. exportation.

We also impose upon all the colonies a general rule that their foreign trade is to be carried on

at certain ports only, the power of appointing which is vested in the Crown, but most of the important ports have now been opened for the

purpose.

These are the general principles of our legisla- tion for the colonies; but we have another regu- lation which forms part of the Possessions Act, and which absolutely forbids any foreign ships whatever to trade with any of our colonies, unless specially authorized to do so by Order in Council, In pursuance of the authority which this pro- vision confers upon the Crown, orders have from time to time been issued for permitting the ves-

sels of certain countries to trade with our colo-

nies, but many nations are altogether excluded from their ports. By this provision we exclude from the ports of our American and West Indian

colonies, the ships of the following countries:-

1. The whole of Asia.

2. The whole of Africa.

3. Holland.

4. Belgium.

5. The Italian States.

6. Sicily.

7. Sardinia.

8. Turkey.

9. Greece.

10. Brazil.

Besides this, Spanish vessels have only the privilege of trading with our colonies when

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coming directly from a Spanish colony. They cannot come from Spain itself. And French ships can only import particular classes of articles, among which wine, the principal pro- duct of France, is not included.

The above remarks apply to the trade of our possessions in America and the West Indies. They apply also to most of our eastern pos- sessions. At the Cape, however, the ships of all countries at amity with us are admitted by an Order in Council. The trade of the pos- sessions of the East India Company is regulated

by the Company, and stands, therefore, on a dif- ferent footing from that of our other depen- dencies. The ships of all nations at anlity with this country are admitted there without distinction

as to the place whence they come, or the goods which they bring. Hitherto foreign ships have had to pay double duties in Indian ports, but this regulation has been recently abolished; so that, in fact, as regards India, the Navigation Laws are nearly inoperative, except that they prevent the ships of most foreign nations from clearing out from British ports with cargoes for India. The right of doing so is however con- ceeded to American, Swedish, Austrian, Prussian,

and Greek vessels, and perhaps to some others.

One general remark is necessary to elucidate fully the state of the law as above described. All articles manufactured in any country are held to be the produce of that country. Thus, although sugar, the produce of Cuba, cannot be imported in a raw state from Holland, supposing

it to have been sent there, it can be imported thence if it has undergone the process of refin- ing, which gives it a Dutch character.

II. History of the Law.

The earliest of our Navigation Acts was the sta- tute of 5 Rich. II, which contains indeed one of the strongest provisions which is to be found in the whole of the code. It enacts broadly that no subject of the King should ship any merchandize outward or homeward in any but ships of the King's liegeance, on pain of forfeiting all mer- chandize shipped in any other vessel.