History of merchant shipping and ancient commerce, Volume 3 (of 4)Lindsay, W. S. (William Schaw)
History
History of merchant shipping and ancient commerce, Volume 3 (of 4)
Lindsay, W. S. (William Schaw)
Commerce -- History; Shipping -- History; Steam navigation -- History
The result of this remarkable decision was that foreigners, when
incorporated, could own a ship, but not individually. In an extreme
case, a ship might, ultimately, become the sole property of foreigners
exclusively, and yet be entitled to be registered as a British ship,
as a corporate body remains permanently. So that the law created the
curious anomaly that a foreigner could not have a share in a British
vessel, but might be the owner of all the shares of a corporate body
which owned, for instance, the _Great Eastern_. Another difficulty
arose with reference to the residence in or out of England of the
owner of a ship. The Free-trade party contended that if a foreigner
were disposed to come here and build a ship, there was no disadvantage
either to British shipbuilders or British shipowners, or British
sailors, especially as he could hold all the shares of a ship. On
the other hand, it was contended that this was an extreme case, not
likely often to occur, and the principle, if acted upon, of allowing
individual ownership, might give considerable power to foreigners to
the prejudice of British subjects; in fact, that the violation of this
principle went to the very basis of the Navigation Law, which it would
destroy. To such a point was real British ownership carried out, that,
as the Act required owners of British ships to reside in the United
Kingdom, the owner of a British registered ship, if he resided at
Paris,[57] would lose his privileges as such.
Other difficulties arose from the indefinite character of the law:
thus, gin could be brought into England, but brandy could not, in
_any_ foreign ships. American vessels could not bring corn
from Holland; while, on the other hand, American corn landed in
Holland could not be brought to England in a Bremen ship; and these
difficulties were, in the case of corn, considerably increased by
the difficulty of pronouncing upon the actual origin of the corn, as
none but the most experienced dealers in grain could decide such a
question, and, even with them, it must often have been mere guess work.
A case occurred in which timber from Memel was sent to British North
America, and, afterwards, brought to England at the low differential
duty then existing. The law, at that time, permitted the produce of
British possessions abroad to be imported, without its being described
as _the produce_ of those possessions; a tolerated evasion, it
is clear, of the Navigation Law. But in the case of a ship arriving
from Hayti, bringing a cargo of Haytian produce, the master described
his ship as a Swedish ship, there being, in point of fact, no Haytian
ships. In this case, the goods were liable to forfeiture; but they were
allowed to be warehoused for exportation, and the vessel was permitted
to depart. A Swedish ship was clearly inadmissible under the 16th
Section of the Navigation Act.
[Sidenote: Naturalisation of goods brought to Europe.]
Public-domain text, read in full here on John Shaqi.
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