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of our merchant seamen who had sought | (Mr. Liddell,) because a celebrated Comemployment under foreign flags? A Committee, which sat nearly forty years ago on mittee of the House of Lords assembled foreign trade, inquired into an institution to consider the repeal of the Navigation Laws, and he believed it was stated be fore them that 60,000 British seamen were serving under the American flag. He had an opportunity the other day of ascertaining from the first authority in Liverpool what was the case now in that respect. The case now was, that as a rule our boys and seamen remained under the flag of their own country, elements of our prosperity in peace and our safety and glory in war, and it was no longer the rule but the exception with them to serve under the flag of another country. But all these changes were deprecated a short time ago. An hon. Friend of his, sitting on the opposite side, had said that the shipping interest had been overburdened with legislation. He hoped the inquiry would not be too narrow, and that the Committee would ascertain what had really been done. The Committee would find that nearly fifty Acts of Parliament, passed from the time of Elizabeth, containing more than 1,000 clauses, had been repealed and consolidated in a single and intelligible statute. That surely was not overburdening the merchant service with legislation. The light dues were complained of, and no doubt there were those who would like to throw the expense of them on the Consolidated Fund. That was always an agreeable proposal, except at the particular period of the year when the Chancellor of the Exchequer invited them to consider how the Consolidated Fund itself was to be supplied. Adam Smith quoted this very tax as the model of a just tax, which was levied only in the proportion of the benefit derived from its imposition, and the expenditure of which was under due control. In a short space of time not less than £200,000 had been remitted from these dues by retrenching everything from the outlay which was not strictly required for the lights. Then as to compulsory pilotage; the meaning of that was that if they did not employ the pilot in fine weather he could not get a living, and would not be forthcoming in bad weather, when his services were needed to save life and property from shipwrecks. The system was therefore solely intended for the protection and advantage of the shipping interest. It was surprising that this particular objection should have come from the hon. Member for South Northumberland,

existing in that part of the kingdom, called
the Trinity House of Newcastle, which
they declared deserved the especial atten-
tion of that House. That attention it had
hitherto escaped; and if, while considering
the question of compulsory pilotage, the
Committee now proposed should extend
their investigation into the various branches
of jurisdiction intrusted to this venerable
body, some valuable improvements might
result from their labours. With regard to
the liability cast by statute upon ship-
owners, one would fancy, from the state-
ments made on that point, that that liabili-
ty was of the most onerous and oppressive
character. At the time the Merchant
Shipping Act was passed the feelings of
the community were harrowed by the con-
stant reports of dreadful shipwrecks on our
coasts occurring to emigrant vessels.
so happened that a large portion of those
emigrants belonged to the sister island,
and the late Mr. John O'Connell moved for
a Select Committee to ascertain whether
something could not be done to diminish
the frequency of such deplorable calamities.
The House of Commons, most wisely, and
in a spirit from which it was to be hoped
it would not now depart, then stepped in
to limit the liability of the shipowner, but
not so as to encourage the sending of these
poor Irish emigrants to sea on board of
illfound and untrustworthy vessels; and it
furnished an adequate remedy for the re-
latives of the unfortunate sufferers who
were too indigent to recover damages for
themselves by legal process. The Board
of Trade was therefore armed with power
to obtain for them the damages which the
statute prescribed by a cheap and easy pro-
ceeding. What had been the consequence?
He did not know whether it was the result
of that Act, but these distressing disasters
did not now occur, and much human
misery had been happily put an end to.
As to the tribunals before which inquiries
into shipwrecks took place, there existed
previous to the statutory power a discre-
tionary authority on the part of the Board
of Trade to institute investigations into the
loss of life from this cause. But Parlia-
ment, thinking it better that the tribunal
should not be constituted by the will of the
head of an executive department, left
the matter to the ordinary judicial func-
tionaries of the Kingdom. Such were the
effects of the statute against which re-

monstrance was now made, and a nautical of natural laws than to the most carefully assessor was usually appointed to assist the devised measures which the Legislature Judges who heard the case with his pro- could adopt. fessional knowledge and experience. The MR. HENLEY said, he also hoped that Act put the shipmaster under the pro- the labours of the Committee would meet tection of the law and the recognized tri- the expectations of the persons interested, bunals of the country; removing him from for no one could doubt that the shipping the individual jurisdiction and authority interest had great reason for complaint. before vested in the President of the Board The right hon. Member for Taunton had of Trade. Complaints had likewise been told them with great glee that what had made of the stamp duty payable on marine taken place was exactly what he had antiinsurance. No doubt the Chancellor of cipated, namely, that the British vessels in the Exchequer would be glad to remit this every port were now jostled by the stars burden if it were in his power to do so, and and stripes and eagles of other nations. also to accompany it with the repeal of the That right hon. Member also gave the not less onerous tax upon fire insurance British shipowner a very curious kind of leviable upon land. The learned Solicitor consolation; for having had his prophecy General alluded the other night to the fulfilled, he turned round upon the comfacilities enjoyed by shipowners in the trans-plaining British shipowner, and charged fer and disposal of their property, and him with his unreasonableness, seeing that, wished to extend the same boon to the if the Yankee and the French ship had proprietors of real estate. He did not not come into our ports, he would have mention that the transfer, or mortgage, of owned three ships instead of one, and his a ship-unlike that of House or Land- present amount of suffering would have was effected without any liability to the been multiplied threefold. That argument stamp duties. The terms of the refer- of the right hon. Gentleman amounted to ence to this Committee should be wide this, that it would be very unwise to develop enough to include all the complicated bear-our trade, lest at a future time a check ings of this question, and should not be might come which would in that case affect confined to the liability of one particular a proportionably larger interest. The interest while other interests laboured under right hon. Gentleman the Member for Oxa similar burden. With respect to the ford evidently thought that no good could causes of the present distress of the ship- come of the inquiry. The Passenger Act owners, we had had an European war, in- had been touched on somewhat oddly; for volving an enormous outlay of public money, it was said that its effect had been that no small proportion of which was expended the larger portion of the emigrants from in the taking up or purchase of transports Liverpool to the United States went out in for the Government. There was at the foreign vessels, rejecting all the advantages same time an unusual development of our they got under the Emigration Act. He export trade. Shipping and shipbuilding did not know the reason of this, whether it never were so brisk as while that expendi was on account of what they thought was ture lasted. However, a reaction naturally a troublesome interference, but such was and almost inevitably occurred in trade, the effect of the measure. He sincerely accompanied by a corresponding pressure hoped that this committee would direct its upon the shipping interest, felt not in this attention to the burdens under which the country alone, but in many other parts of shipping interest laboured, and not enter the world. It was to be hoped, when this into too wide a question, which would be Committee was appointed, that it would like trailing a red herring across the track industriously inquire into all the circum- of the hounds, and would only tend to put stances of the shipping interest, with the them off the scent. Therefore they ought sincerest desire to remove every real to eschew the consideration of such quesgrievance to which it was subject, so as to tions as passing tolls, which of itself would secure for it the utmost possible advantage probably occupy the whole Session, and if in the free race of competition. And he care were not taken they would have gentrusted that if the peace of Europe were tlemen coming before them who would preserved an expansion of trade towards speak pamphlets for their edification, but the East would, before the Committee with no very appreciable advantage to the closed its labours, bring about that return shipping trade. With respect to the light-. of prosperity to the shipping interest, which ing tolls, he would remind the House that must be looked for far more to the operation one third of that imposition was paid by

foreigners, and therefore if they placed | observation of the right hon. Member for it upon the Consolidated Fund, for every Oxford as to the condition of the coasting £2 they obtained the foreigner would get trade. He knew that a great deal might £1; the same thing might be said with be said on the subject of the coasting respect to the passing tolls. He hoped trade, and that we had not secured to the that the Committee would direct its atten- British shipowner a corresponding privilege tion to the establishment of some better in America and other countries; but he tribunal for the settlement of disputes in wished to call the attention of the House which masters of vessels were concerned; to the greatest extent to which that comfor there could be no doubt that great dis- plaint could possibly exist, and to the satisfaction existed at present in regard to amount of the concession which we were that question. He was very glad, indeed, said to have made without meeting with that the Committee was to be granted, be any reciprocal return. From the Trade cause he believed the result would be most and Navigation Returns, made up to Debeneficial. cember last, it appeared that the coasting MR. ADAMS said, he could not concur trade of the United Kingdom for the past in the statement of the right hon. Member year represented something more than for Oxford (Mr. Cardwell), in relation to 15,000,000 tons entered inwards, and the coasting trade. The admission of something more than 15,000,000 tons foreigners to that trade was loudly com- cleared outwards, or a total of 31,570,000 plained of, and had occasioned much dissa- tons-one-third more than it was in 1849, tisfaction, more especially on the north-east under the old Navigation Laws. What coasts, who in their petition to the House proportion of this tonnage consisted of fohad stated that the shipping trade were reign vessels? Of coasting vessels entered greatly injured by the introduction of fo- outwards, 52,000 tons were foreign; enreign vessels. Formerly, when an order tered inwards, 50,000 tons or about was given for the Baltic or Black Sea, it 100,000 tons out of a total of 31,000,000. was usual to send a vessel for the recep- The hon. Gentleman might console himtion of the cargo; now the foreign mer- self; the coasting trade could not have chant generally bargained that he should suffered much from this cause. As to deliver the order in his own ship, and the the special burdens on the shipping inconsequence was that he landed his cargo terest, they were told the duty on the on the north-eastern coast and then went portion of timber used for ship-building down to the north and took in a cargo of might be remitted. In principle this was coal as freight, with which the British ship-just; there were few duties involved so owner could not at all compete. He did many false principles as the present timnot expect, nor did his constituents, aber duties. They all acted as protective return to the old Navigation Laws, but their grievance was one which required consideration; and in public meeting they expressed a hope that the Government would do all in their power to persuade other Governments to reciprocate the advantages they had obtained by repealing their Navigation Laws. He trusted the Committee would do justice to all parties, and not sacrifice the interests of the coast ing trade to the interests of the sea-going vessels.

MR. WILSON said, he had watched the debate with much interest, but he should have taken no part in it, had it not been for an observation of the hon. and learned Member who had just sat down. He would, however, first remark that during the whole debate not one hon. Member had spoken in favour of the old Navigation Laws. The hon. and learned Member for Boston (Mr. Adams) had challenged the

duties, either on foreign or colonial timber. On another ground they were equally absurd. Years ago, the House had laid it down as a principle that raw materials should be imported duty free. No raw material was more important than timber; and no stronger case could be made out than that against the timber duties. But, while he admitted that, he thought that nothing could be attended with more evils than to make an exemption of timber for shipbuilding or any other particular purpose. There was an exemption of timber used for mines, but Sir Robert Peel stated that it led to so much fraud that his first object in reducing the timber duties was to get rid of that exemption. This was not the time to make any exemptions, but he hoped at no distant period the whole duty would be repealed. He did not deny that there had been great distress in the shipping trade during the last twelve months,

MR. SPAIGHT said, that under the

grants from the western coast of Ireland to America were led to obtain their passage in foreign ships, in which they were subjected to the most infamous treatment; and the measure had in that way been productive of the most disastrous consequences. It was at present almost impossible for a British shipowner to carry on his business except at a loss; and he (Mr. Spaight) hoped that the Committee would devise some remedy for that evil.

He had no

but the reasons which had been alleged | gretted the depression of the shipping were sufficient to explain it, without refer- interest, but he believed that it was only ence to the repeal of the Navigation Laws. temporary, and that it would die away as They had now and then great depression trade resumed its natural course. in the cotton trade. There was never any particularly good trade in any line of busi-operation of the Passengers' Act, eminess, but it was invariably followed by a reaction, which was aggravated by the very success which had attended it. Let the House look at the great increase of ship-building which had taken place in this country since the repeal of the Navigation Laws, and they would easily understand how it was that a sudden check in that tide of successful industry had been productive of considerable mischief and inconvenience. The amount of shipping built in 1849 was 227,000 tons; in 1850, 245,000 tons; in 1851, 262,000 tons; and it had averaged 250,000 tons a year. But in 1855, under the excitement of the war, it was no less than 389,000 tons; in 1856, 492,000 tons; in 1857, 423,000 tons, and in 1858 even still greater. It seemed to be assumed in all the arguments out of doors that the Navigation Laws were repealed for the express purpose of increasing the amount of British shipping; and because British shipping had not increased in an equal ratio with foreign shipping, it was alleged that the repeal of those laws had not been successful. He thought it a distinct proof of the necessity of the measure. Commerce had increased 90 per cent since 1844, and if there had not been a large increase of foreign shipping the increased commerce could not have been conveyed. So far from the repeal of the Navigation Laws not having succeeded, its success was proved by the fact that, although the amount of British shipping had been of late years double what it was before, they had been able to call in aid the services of even a larger increased amount of foreign shipping. It was not because the amount of home grown corn or the amount of colonial sugar had not increased in the same ratio as the amount of foreign-grown corn and sugar that the repeal of the Corn Laws or of the duties on sugar had failed. He could not admit that the repeal of the Navigation Laws was for any other purpose than for the benefit of the whole community. or that any argument had been adduced which proved that it had not been equally successful as in every other case in which the principles of Free Trade had been applied. He re

MR. LINDSAY replied. objection to the substitution of the word "all" for the word "certain" in the Motion. He did not, however, propose that the Committee should enter into the details of the question of Lights, Passing Tolls, and Local Dues. Those subjects had already been amply dealt with by Committees of that House; and he only regretted that the recommendations of those Committees had not been carried into operation. The hon. Gentleman who spoke in two capacities, one as Secretary to the Treasury and the other as Secretary to the Board of Trade, said that, whatever were the recommendations of the Committee, he hoped that they would not come to the Treasury for assistance. With regard to that question, he thought that if it was shown that the burdens to which the shipping interest was subjected were unjust, and such as the shipping interest ought not to be called upon to bear, the country would have no objection to relieve them of it, even though the expense should fall on itself.

Question "That those words be there added," put, and agreed to.

Main Question, as amended, put, and agreed to.

Select Committee appointed,

"To inquire into the operation of all burdens and restrictions especially affecting Merchant Shipping. and of the following Statutes: 9 & 10 Vict. c. 93, killed by Accidents; the Merchant Shipping Act, An Act for compensating the Families of Persons 1854; the Merchant Shipping Act Amendment Act, 1855; the l'assengers' Act, 1855; and the Chinese Passengers' Act, 1855.'

APPEAL IN CRIMINAL CASES BILL.
LEAVE. FIRST READING.

MR. M MAHON said, he rose to move for leave to bring in a Bill to secure a

right of appeal in criminal cases. The Bill was substantially as that he had introduced in the course of last Session, but as he understood that the Government did not intend to oppose the first reading of the Bill, he would not occupy the attention and time of the House in going into its provisions, which could be fully discussed hereafter.

THE ATTORNEY GENERAL said, that he had no intention to oppose the introduction of the Bill. The matter was one of considerable importance, and Her Majesty's Government were impressed with the necessity of granting an appeal, if not to the extent that the hon. and learned Member desired, at any rate to some extent. He thought that the appeal, however, should be confined to matters of law. If the Bill of his hon. and learned Friend did not completely attain the desired end, some Member of the Government would bring in a Bill for that purpose, which would be laid on the table very shortly; and he hoped that when both Bills were considered together, some mode of appeal would be agreed upon.

Leave given.

Bill ordered to be brought in by Mr. M MAHON, Mr. BUTT, and Mr. HADFIELD. Bill presented and read 1o.

ENDOWED SCHOOLS (No. 2) BILL.

LEAVE. FIRST READING.

MR. DILWYNN said, he wished to move for leave to bring in a Bill for the better regulation of Endowed Schools, He had brought in a measure previously, but was advised that it ought not to be made applicable to public schools, and that there was also a legal objection to the form of that Bill. He had therefore withdrawn it, and now begged leave to substitute another for it; in which he had introduced a clause excepting the Universities of Oxford and Cambridge, and also the public schools, from its operation. He had, in addition, provided against the legal objections that were taken to the last Bill, so he hoped that it would meet with the approval of the House. He understood that the Government did not intend to oppose the introduction of the measure, so he would not detain the House further, but would simply move for leave to introduce it. THE SOLICITOR GENERAL said, he thought that the legal objection that had been taken to the last Bill would have proved quite fatal to it if he had submitted

that objection to the consideration of the House." As to this Bill, he would wait till it was laid upon the table before coming to a decision as to its merits. He was quite ready to admit that there were matters connected with the subject which required Amendment, but he did not think that he was disposed to go the length of the hon. Member.

Leave given.

Bill ordered to be brought in by Mr. DILLWYN, Sir RICHARD BETHELL, and Mr. Massey.、

Bill presented and read 1°.

PETITIONS OF RIGHT BILL.

LEAVE. FIRST READING.

MR. BOVILL said, he rose to move for leave to bring in a Bill to amend the law relating to Petitions of Right. His object was to afford the Subject a simple and efficient remedy against the Crown and the various departments of the Government. The only mode by which a Subject could obtain redress in a dispute with the Crown or the Government was by a Petition of Right, and this form of proceeding was of such a character as, in many instances, to amount to a complete and absolute denial of justice. The proceeding was so dilatory and expensive that few were inclined to adopt it, and so antiquated that few persons even in the profession of the law were acquainted with its forms, and as each counsel was consulted it often required days of study to ascertain what were the proper forms to be adopted. The law officers of the Crown were embarrassed, the highest judges of the land had condemned it, and Lord Chancellor after Lord Chancellor had expressed his regret that this method of examining questions between the Crown and the subject should be retained. When a Subject sought redress from the Crown as represented by one of the public departments he prepared a Petition of Right, which was presented to the Home Secretary, and referred by him to the law officers of the Crown. If the claim for redress were made out, the petition passed from the Home Secretary and obtained the sign manual of the Queen, with the words, Let right be done. This fiat acted as a reference to the Lord Chancellor, and a Commission was thereupon issued, and a jury summoned before whom the Suppliant produced evidence at a great expense in support of his case. If the verdict on the Commission was in

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