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coast fisheries to be wholly manned by British seamen, and in other fisheries by a crew con- taining three-fourths British subjects. It in- directly affects them, however, through the operation of the provision in the Customs Regu- lation Act which forbids the importation of most kinds of fish, and of train-vil, &c., of foreign taking, except in vessels that have regulariy cleared out from a foreign port with such rish, &c., on board. Thus, no fresh fish of foreign taking, except anchovies, ecls, turbots and lob- sters, can be brought here from the fishing Such fish is also (except lobsters) grounds. charged with duties; while fresh fish of British taking can come direct, and is admitted duty free. No change is proposed in this part of the law, but a change will be made as to the admis- sion of train-oil, blubber, &c., of foreign taking, which will be allowed to come direct from the fishery. It is already duty free, except sper- maceti, which is charged with a duty till January 1, 1849, but no longer.

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Trade, and Inter-

The Bill confines the coasting trade of the Colonial Consting colonies to British ships, but allows any colony Colonial Trade. to admit foreign vessels to a share in its own trade if it pleases. Canada will thus be able to admit foreign ships to trade from port to port down the St. Lawrence.

The trade between colony and colony is left open to foreign ships, but should any colonies desire to unite for the purpose of placing the trade between them on the footing of a coasting trade, no impediment exists to their excluding foreign ships from such trade, should the Queen not disallow the Acts they would have to pass for the purpose. No express provision is made on this point in the Bill, because none is needed,

With regard to India, the Bill preserves the India. powers committed to the Company and to the Governor-General respectively, of regulating the terms on which foreign ships are to be admitted to trade with India, and of admitting ships belonging to Native Powers to be British ships for the purposes of trade within the limits of the Company's Charter.

Nationality of Foreign Vessels.

Free Ports.

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The effects of the proposed Bill upon the Indian trade are first, that it removes the restrictions which at present prevent foreign ships, with some exceptions, from clearing out from British ports for ports in India; secondly, that it re- moves the restrictions upon the importation of goods from India in foreign ships, which re- strictions are now perfectly general; and thirdly, that it places Lascars on the footing of British

scamen.

It will be observed that the Bill contains-go clause similar to the 16th section of the Naviga- tion Act, which provides what shall be deemed to be a ship of any particular foreign country. I believe the attempt to enforce this rule is almost futile, though instances have occurred in which it has been done. For example, I re- member a case which occurred early in 1845, of a Russian ship commanded by a Dane, which brought a cargo to this country, but was forbid- den to land it in consequence of the master not being a Russian. Since that time the Russians have altered their law, and alloy a Russian character to ships manned by only one-fourth Russians, and in some cases even to ships wholly manned by foreigners. The American law and practice also requires a smaller proportion of Americans to be employed than is laid down in our definition; and I believe very few of their ships would be legally admissible here if the point were ever raised.

In the event of the Queen exercising her power of prohibiting or restricting voyages in the ships of particular foreign countries, she must, of course, lay down a rule by which such ships are to be known, and power is given her to do so by the 11th clause of the Bill.

One more point remains to be noticed. The foreign trade of our colonies has hitherto, as has been remarked✶, been confined entirely to ports declared "free" by the Queen in Council. Their trade with the mother-country and the other British possessions, is not similarly restricted: but it has hitherto been open to British ships

• Suprù, p. 6.

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only. Foreign ships will now be admitted to this trade, and will therefore become entitled to import and export from or to other parts of the British Empire at any colonial port where there is a custom-house. But as it is an object to get rid of all unnecessary restrictions, and as there are now no differential duties in most of the colonies, there seems no reason for making any longer a distinction in this respect between the home and foreign trades, and the remains of the free-port system are therefore removed by the new Bill.