The republic. [volume], July 20, 1849, Image 2

About The republic. [volume] (Washington [D.C.]) 1849-1853

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NAVIGATION BILL.
Amnytmeal of C'Uu?n
PREAMBLE.
The following Acts and part* of Acta repealed from
and after the 1st of January 1850 :?8 4 9 Vict,
c. 08; 8 A 9 Vict, c 89, as. 3, 5, 7, 9 ; 8 4 9
Vict. c. 93, as. 3, 4, 44; 8 4 9 Vict. c. 86, a. 63 ;
7 4 8 Vict. c. 112, a. 37 ; 37 G. 3, c. 117; 4
G. 4, c. 80, a. 20; 4 G 4, c. 77 ; 5 G. 4, c. 1;
8 4 9 Vict. c. 90, a. 8; 5 4 6 Vict. c. 14, a. 8;
Sect. 1.
Coasting trade of United Kingdom and (ale of
Man; 2.
Trade with the Channel islands; 3.
Coasting trade of the British possessions ; 4.
Queen in Council may regulate coasting trade of
Colonies, on their address; 5.
Governor General in Council to regulate coasting
trade of India ; 6.
British ahipa to be registered and navigated as
such; 7
Who deemed British seamen ; 8.
Proportion of seamen may be altered by proclamation:
9.
Her Maiesty may restrict the privileges of foreign
.u.~. a ?,u;,;?....i
nin|? ill triillll iaocb . auu us
duties; 10, 11.
Order in Council to specify ships to which it applies
; 12.
Orders may be revoked; 13.
Orders to he gazetted, and to lie laid before Parliament;
14.
> Penalties; 15,16.
! Who may-be owners of British vessels; 17.
Form of certificate of registry ; 18.
Form of declaration ; 19.
Proviso for vessels under fifteen tons burden in inland
navigation, and for vessels under thirty tons
burden for the Newfoundland fishery ; 20Act
to come into operation on 1st January, 1850;
21.
Act may be amended, &c.; 22.
A BILL intituled An set to amend the Laws in
force for the Encouragement of British Shipping
and Navigation.
Whereas it is expedient to amend the laws
now in force for the encouragement of British shipping
and navigation: Be it enacted by the Queen's
most excellent Majesty, by and with the advice
and consent of the lords spiritual and temporal,
and Commons, in litis present Parliament assembled,
and bv the authority of the same, That from
and after the first day of January, one thousand
eight hundred and fifty, the following acts and parts
of acts shall be repealed: (that is to say,) a certain
act passed in ike session of Parliament holden in
the eigth and ninth years of the reign of her present
Majesty, intituled "An act for the encouragement
of British shipping and navigation;" and so
much of a certain other act passed in the said >-e?sion
of Parliament, intituled "An act for the registering
of British vessels," as limits the privileges of
vessels registered at Malta, Gibraltar, and Heligoland;
and so much thereof as provides that no ship
or vessel shall be registered, except such as are
whnllv of the build nf some narl of the Rritiah Ho
minions; and so much as relates to the disqualification
of ships repaired in a foreign country; and so
much as prevents British ships which have been
captured by or sold to foreigners from becoming
entitled to be again registered as British in case the
same again become the property of British subjects;
and so much of a certain other act passed in the
said session of Parliament, inti'uled "An act to
regulate the trade of British possessions abroad,"
as provides that no goods shall be imported into or
exported from any of the British possessions in
America by sea from or to any place other than
the United Kingdom, or some other of such possessions,
except into or from the several ports denominated
free ports; and so much thereof as provides
for the limitation of the privileges allowed to
foreign ships by the law of navigation in respect of
importations into the British possessions in Asia.
Africa, and America; and so much thereof as provides
that no vessel or boat shall be admitted to
be s British vessel or boat on any of the inland
waters or lakes of America, except such as shall
have been built at some place within the British
dominions, and shall not have been repaired at any
foreign place to a greater extent than in the said
act is mentioned ; and so much of a certain other
act passed in the said session of Parliament, intituled
"An act for the general regulation of the customs,"
as prohibits the importation of train oil,
blubber, spermaceti oil, head-matter, skins, bone*,
and fins, tbe produce of fish or creatures living in
the ses, unless in vessels which shall have been
* cleared out regularly with such oil, blubber, or
other produce on board from some foreign port;
and so much thereof as prohibits the importation
of tea, unless from the Cape of Gr>od Hope, or
from places eastward of the same to the Straiu of
Magrlian; and so much of a certain act pnsstd in
tk, ,.,,in? r\f Parliumeni hnlrien in the *ewnth
and eighth year* of the |*ign her present Majesty,
intituled "An act to amend and consolidate
ihe laws relating to merchant seamen, and for
keeping a register of seamen." as provides ihat the
master or owner of every ship belonging to any
subject of her Majesty, and of the burden of eight v
uxia or upwards, (except pleasure yachts,) shall
have on board at the time of her proceeding from
any portoftheUniied Kingd<>nri,andatall times when
ihaenl from the United Kingdom, or navigating the
sea. one apprentice or more in a certain proportion
to the number of tona of his ship's admeasurement;
find that if any such master or owner shall neglect
to have on board his ship the number of apprentices
thereby required, together with their respective registered
indentures, assignment*. ?nd register tickets,
he shall forfeit and pay the sum of ten pound*
m res peel of each apprentice, indenture, assignment,
or register ticket so wanting or deficient;
also an act iMissed in the thirty-seventh year
of the reign of King George the Third, intituled
"An act for regulating the trade to be carried on
with the British Possessions in India by the ships
of nations in amity with his Majesty;" and no
much of a certain act passed in the session of Parliament
holden in the fourth year ofthe reign of King
George tie Fo inh, intituled "An act to conaolida't
and amend the several laws now in force with
respect to trade fmm, and to plm-ea within the limns
of the charter of the East India Company, and ?n
make furth r provisions with respect to-such trade,
and to amend an act of the present session of Par
, Uim to vessels registered in India.*' u enacts that no
Asiatic Bailor*, laacara. or natives of any of the Urritoriea,
countries, latanda, or plncre within the
limits of ihe charter of the Ea?t India Company,
shall at any time be deemed or taken to be British
Bremen within the intent and meaning of any act or
acta of Parliament relatine to the navigation of
British ships by subjects of her Majeaty and aleo
the following act* and parte of act* Srtmueh of a
certain act passed in the fourth year of the reign of
King George the Fourth, intituled "An act toauthoriie
hia Maj? aty, under certain circumaisneca, to regulate
the duties and drawbacks on gooda imported
or exported in foreign vessels, and to exempt certain
foreign veaseta ftom pilotage," aa relates to the regulation
of duties and drawbacks, aleo an act paaaed in
the fifth year of the reign of King George ihe Fourth,
intituled ' An act to indemnify all persons concerned
in advising, isauing. or acting under s certain order in
council for regulating the tonnage duties on e*r-a>n
foreign vessels, and to amend an act of the last ae*
won of Parliament for authorizing his Majesty, under
certain cirrumstancaa, to regulate the duties and
drawbacks on gooda imported or eiported in any
foreign vessels;" alan so much of an act paaaed in
the seaaion of arliameni holden in the eighth and
ninth yeara of the reign of her preaent Majeaty, inutulod
"An act for granting dutiea of cuatoma," aa
empowers her Majeaty in council in certain raaea
to direct that additional dutiea ahnll be levied on arUclea
the growth, produce, or manufacture of foreign
countries, or upon goods imported in the shipa of
foreign countries, or to prohibit the importation of
manufactured article* the produce of foreign countries.
also so much of an act paaaed in the aesaion
of Parliament holden in the fifth and aixth yeara o<
the reign nf her pteaent Majeaty, intituled "An act
to amenfl the iaw? Tor the importation 01 corn, a*
enable* her Majeaty, under certain circumatance*,
to prohibit the importation of corn, erain, meal, or
flour, from the dominion* of certain foreign power*;
and the aaid aereral acta and part* of acta before
menunned are hereby accordingly repealed, except
no farw the aaid acta or any of them repeal any
former act or aria, or any f#rt of ?iirh art or act*,
and except an far aa relate* to any penalty or for
feiture which ahall hare been incurred under the
raid act nr acta hereby repealed, or any of them, or
tn any offence which ahall hare been committed
contrary to auch act or acts, or any of them
II. And lie it enacted, That nogooda or pa??en
rem shall be carried coaatwiae from one part of tb<
United Kingdom to another, or from the Unite*
Kingdom w> the lale of Man, or from the Ule o
Man to the United Kingdom, except in Brin*l
*hip*
III. And be it enacted, That nogooda or pa**en
cer* ahall be imported into the United Kmgdnn
from any of the lalartd* of Guernaey, Jeraey, AI
derney. or Hark, nor "hall any eooda or paaaenger
be exported from the United Kingdom to any o
the ?id inland*, nor ahall any good* or paaeengen
be carried from any of the iaiaode of Guernaey
' ^ V
\
^
Jersey, Alderney, Sark, or Man, lo any oilier ot
the said inlands, nor from one pari of any of the
aid islands to another part of the same island, except
in British ships.
IV. And lie it enacted, That no goods Or passengers
shall he carried from one part of any British
possession in Asia, Africa, or America, to Mother
part of the same i<onsession, except in British
hips.
V. Provided always, and be it enacted, That if
the legislature or proper legislative authority of any
such British possession shall present an address to
I her Majesty, praying her Majesty to authorize or
permit the conveyance of goods or passengers from
one part of such possession to another part thereof
in other than British ships, or if the legislatures of
uny two or more possessions, which for the purposes
of this act her Majesty in council shall declare
to be neighboring possessions, shall present
addresses or a joint address to her Majesty, praying
her Majesty to place the trade between them on
the footing of a coasting trade, or of otherwiae regulating
the same, so far as relates to the vessels in
which it is to be carried on, it shall thereupon be
lawful lor her Mujesty, by order in council, so lo
authorize the conveyance of such goods or passengers,
or so to regulate the trade between such neighboring
possessions, as the case may be, in such
terms and under such conditions, in either case, as
to her Majesty may seem good.
VI. And with regard to the coasting trade of Indie,
be it enacted, That it shall be lawful for the
governor-general of India in council to make any
regulations authorizing or permitting the conveyance
of goods or passengers from one part of the possessions
of the Cast India Company to another part
thereof in other than British ships, subject to such
restrictions or regulations as he may think necessary;
and such regulations shall be of equul force
and effect with any laws and regulations which the
said governor-general in council is now or may
hereafter be authorized to make, and shall be subject
to disallowance and repeal in like manner as
any other laws or regulations made by the said
governor-general in council under the laws from
time to time in force for the government of the
British territories in India, and shall be transmitted
to England, and be laid before both Houses of Parliament,
in the same manner as any other laws or
regulations which the governor-general in council
is now or may hereafter be empowered to make.
VII. And be it enacted, That no ship shall be
admitted to be a British ship unless duly registered
and navigaied as such; and that every British
registered ship (so long as the registry of such
ship shall be in force, or the certificate of such
registry retained for the use of such ship,) shall
i be navigated during the whole of everv-vov'i^e
(whether with a cargo or in ballast) in every part
of the world by a master who is a British subject,
and by a crew whereof three-fourths at
least are British seamen ; and if such ship be employed
in a coasting voyage from one part of the
United Kingdom to another, or in a voyage between
the United Kingdom and the Islands of
Guernsey, Jersey, Alderney, Sark, or Man, or
from one of the said islands to another of them, or
from one part of either of them to another of the
same, or be employed in fishing on the coasts of
the United Kingdom or of any of the said islands,
then the whole of the crew shall be Biitish seamen :
Provided always, that if a due proportion of British
seamen cannot be procured in any foreign port,
or in any place within the limits of the East India
Company's charter, for the navigation of any British
ship, or if such proportion be destroyed during
the voyage by any unavoidable circumstance, and
the master of such ship make proof of the truth of
such facts to the satisfaction of the collector and
controller of the customs at any British port, or of
any person authorized in any other part of the
world to inquire into the navigation of such ship,
the same shall be deemed to be duly navigated :
Provided also, That every British ship (except such
as are required to be wholly navigated by British
seamen) which shall be navigated by one British
seaman for every twenty tons of the burthen of
such ship shall be deemed to be duly navigated,
although the number of other seamen shall exceed
one-fourth of the whole erew.
Till. And be it enacted, That no person shall
be deemed to be a British seaman, or to be duly
qualified to be master of a British vessel, except
persons of one of the following classes: (that is to
say,) natural-born subjects of her Majesty ; persons
naturalized by or under any act of Parliament,
or by or under any act or oidinance of the Legislature
or prosier legislative authority of one of th?
British possessions, or made denizens ny letters ot
denization ; persons who have become. British subjects
by virtue of the conquest or cession of some
newly acauired country, and who have taken the
oath of allegiance to her Majesty, or the oath of
fidelity required by the treaty or capitulation by
which such newly acquired country came into her
Majesty's possession ; Asiatic sailors or Lascars,
being natives of any of the territories, countries,
islands, or places within the limits of the charter
of the East India Company, and under the Govern
ment of her Majesty or of the said company ; and
persons who have served on board any of her
Majesty's ships of war, in urne of war, for the
space of three years.
IX And be it enacted, That if ber Majesty shall
at any time by ber royal proclamation declare that
the proportion of British seamen necessary to the
due navigation of British ships shall be leas than
the proportion required by this act, every British
ship navigated with the proportion of British seamen
required by such proclamation shall lie deemed
to be duly navigated, so long as such proclamation
shall remain in force.
X And be it enacted, That in case it shall be
made to appear to her Majesty that Bntish vessels
sre sui-ject in any foreign country to any prohibitions
or rrsiriciions as to the voyages in which they
msy engage, or as to the articles which they may
import into or export from such country, it shall
be lawful for hrr Majesty, (if she think fit,) by
order in council, to impose such prohibitions or
restrictions upon the ships of such foreign country,
either as to the voyages in which they may engage,
or as U> the articles which they msy import
Unit 01 Jtaint Lawrence, or on the north of ? ape
Canao, or of the islands within the aame, or in trading
oa*twiae within the aaid limita, ahall be admitted
to be Britiah boata or vessels, although not
reentered, so long an aurh boata or reaaela shall be
solely ao employed.
XXI. And belt enacted, That thia act ahall come
into operation on the first day of January, one
thouaand eight hundred and fifty.
XXII And be u enacted, That thia act may be
amended or repealed by any act to be paaae l in the
preaent aeaaion of Parliament.
The auit brought by the heira at law of Kdward
B. Phillipa, conteating the ralidity of hia will, by
which, among other legaciea, glOO.WHl waa left to
Harvard Univeraity, to be applied to the aupport
of the obeerrainry attached to that inatitution, baa
been decided The will, according to thr telegraph,
haa been atiatained in eeery particular
Loom Pmurr* haa published a ataiement oon
j tradictory of the report of a union between the elder
I | and younger hranchea of the Bourbona. and the
! adoption bv the Duke of Bordeaux of the little
J Count of Parts
into or export from any part of the United King
dnm or of any Britiah poeaeaaion in any part of the
world, aa her Majesty may think fit, ao a* to place
the *t,ip? of auch country on aa nearly aa possible
the name footing in Britiah porta aa trial on which
Britiah ahipa are placed in the porta of auch
country.
XI And be it enacted. That in caae it ahall be
made to appear to her Majesty that Britiah ahipa
are either directly or indirectly aubject in any foreign
country to any dutiea or charge* of any aort or
kind whaiaoever from which the national vessels
of auch country are exempt, or that any dutiea are
impoaed upon article* imported or exported in
Britiah ahipe which are not equally impoaed upon
the like article* imported or exported in national
vessels, or that any preference whatsoever laahown
either directly or inaireclly l?> national vessels over
Britiah vessels, or to article* imported or exported
in national vessels over the like an trie* imported or
exported in British venaela, or that Britiah trade
and navigation ta not placed by auch country upon
a a advantageous a footing aa the trade and navigation
of the moat favored nation, then and in any
auch ceae it ahall be lawful for her Majesty, (if aha
think fit,) by order in council, to impoae auch duty
or dutiea of tonnage upon the ahipa of auch nation
entering into or depart! g from the port* of tbe
United Kingdom, or of any Britiah possession irv
any part of the world, or ?uch duty or dutiea on
all goods, or on any aperified rlaaae* of gooda, imported
or exported in the nhipa of auch nation, a*
may appear to her Majesty juatly to countervail the
diaadvaniagca to which British trade or navigation
i* ao subjected as aforesaid.
XII And be it enacted, That in every auch ordei
her Majesty may, if ahe an think fit, specify what
ahipa are to he considered as ship* of the country
or countne* to which *uch order applies, and ail
, ahipa anawenng the description contained in auch
, order aha 11 be ronaidered to be ahipa of auch country
or countries for the porpoaea of auch order
XIII. And be it enacted, That it shall be lawful
. for her Majeaty from time to time to reenke any
order or ordera in council made under the authority
of thia act.
XIV. And he it enacted, That every auch order
in council aa aforeaaid ahall, within fourteen daya
after the iaauine thereof, be twice published in the
London Gazette, and that a copy thereof ahall be
laid before both Houaea of Parliament within aix
weeka after the ia*uing the aame. if Parliament be
then anting : and if not, then within aix weeka after
the commencement of the then next aesnion of Parliament
XV. And be it enacted, That if any gooda lie
imported, exported, or carried <-oaatwiae contrary
to thia act, all auch gooda ahall be forfeited, and the
maarer of the ahip in which the aame are ao import,
ed. exported, or carried coaatwiae, ahall forfeit the
j ?'>m of one hundred pounda, except where any
f other penalty ta hereby apecially impoeed
h XVI Arid be it enacted, That all penalties arid
forfeiture* incurred under thia act ahall be aued
for, proeecuied. recovered, and diapoaed of, or ahall
ri be miiipited or reatored, in like manner and by the
- aame authority aa any penalty or forfeiture i*n be
a aued for, proaecuted. recovered, and diafMund of, or
f may be mitigated or reatored. under an act panned
a in the naid aewnon of Parliament holden in thr
, eighth and ninth year* of her preaent Majesty, in
muled "An act for ihe prevention of smuggling;"
and that the coals of all proceedings under Una act
shell be defrayed out of the consolidated duties of
customs.
XVII. And be it enacted, That all natural-born
subjects of her Majesty, and all persons made
denizens by letters of denization, and all persons
naturalized by or under any act of Parliament, or
by or under any act or ordinance of the Legislature
or proper legislative authority of any of the British
possessions in Asia, Africa, or America, and all
| persons authorized by or under any such act or
! ordinance to hold shares in British shinning, shall,
J on taking the oath of allegiance to her Majesty, her
! heirs and successors, be deemed to be duly qualified
1 to be owners or part owners of British registered
vessels, any thing in the said recited act for the
' registering of British shipping to the contrary in
| any wise notwithstanding.
XVIII. And be it enacted, That the following
form of certificate shall be substituted for the form
of certificate prescribed by the said act for the
' registering of British shipping :
"This is to certify that [here insert the names,
I occupations, and residence of the subscribing owners,]
having made and subscrilied the declaration
I required by law, and having declared that [he or
they,] together with [names, occupations, and resii
dence of non-subacrihing owners,] is [or are] sole
owner [or owners,] in the proportions specified on
| the back hereof, of the ship or vessel called the
1 [ship's name,]of[nlaceto which the vessel belongs,]
which is of the uurden of [number of tons,] and
! whereof [master's name] is master; and that the
J said ship or vessel was [when and where built, or
' condemned us prize, referring to builder's certificate,
, Judge's certificate, or certificate of last registry,
I then delivered up to be cancelled, or (if the vessel
| was foreign built, and the time and place of building
not known) was foreign, and that he or they
did not know the time and place of building,] and
[name and employment of surveying officer] having
certified to us that the said ship or vessel has [number]
decks and [number] masts; that her length
from the inner part of the main stem to the forepart
| of the stern post aloft is [ feet tenths,] her breadth
| in midships is [ feet tenths,] ber depth in hold
[ at midships is [ feet tenths;] that she is [how
rigged] rigged with a [standing or running] bow'
sprit, is [description of stem] sterned [carvel or
clincher,] built, has [whether any or not] gallery,
and [kind of head, if any,] head; that the framework
and planking [or plating] is [state whether of wood
or iron,] and that she is [state whether a sailing
vessel or a steamer, and, if a steamer, state
; whether propelled by paddle wheels or screw propellers;]
and the said subscribing owners, having
; consented and agreed to the above description, and
having caused sufficient security to be given as required
by law, the said ship or vessel called the
[name] has been duly registered at the port of
[name of port.] Certified under our hands, at the
custom-house in the said port of [name of port,]
this [date] day of [name of month] in the year
[words at length.]
(Signed) Collector.
(Signed) Comptroller."
i A ...i i...
rvnu is11 me uovn ui ouui ugmuuaic ui region y
there shall be an account of the parts or shares held
by each of the owners mentioned and described in
such certificate, in the form and manner following:
Names of the several Number of sixty-fourth
owners within men- shares held by each
tioned. owner.
[Name] Thirty-two.
INomej Sixteen.
Name] Eight.
Name] Eight.
(Signed) Comptroller.
? (Signed) Collector.
XIX. And be it enacted, That the following declaration
shall be substituted for the declaration by the
said act directed to be made by the owner or owners
of any vessel previous to the registry thereof:
"I, A. B., of [place of residence and occupation]
; do truly declare, that the ship or vessel [name] of
[port or place], whereof [master's name] is at present
master, being [kind of build, burden, et cetera,
as described in the certificate of the surveying officer,]
was [when and where built, or, if prize or forfeited,
capture, and condemnation as such, or (if the
vessel be foreign built, and the owner does not know
when and where she was built,) that the said ves.
sel is foreign built, and that I do not know the time
i and place of her building], and that I, the said A.
| B., [and the other owners' names and occupations,
I if any, and where they respectively reside,] am [or
are] nole owner [or owners] of the said vessel, and
that no other person or persons whatever hath or
| have any right, title, interest, share, or property
therein or thereto; and that I, the said A. B-,[and
the said other owners, if any,] am [or are] truly
and bona tide a subject [or subjects] of Great Britain,
and that I, the said A. B , have not [nor have
any of the other owners, to the best of my knowledge
and belief,] taken the oath of allegiance to any
foreign state whatever [ezcept under the terms of
some capitulation, describing the particulars thereof],
or that since my taking [or his or their taking]
the oath of allegiance to [naming the foreign Sta'es
; respectively to whirh he or any of the said owiers
shall have taken the same] I have [or he or they
hath or have] become a denizen [or denizens, or naI
mralized subject or subjects, as the ease may be,j of
the United Kingdom of Great Britain and Ireland,
by her Majesty's letters patent [or by an act of
Parliament, or by or under or hv virtue of an act
or ordinance of the Legislature of ] or
have been authorized by an act or ordinance of the
Legislature of . to hold shares in British
shipping within the said colony, and since tbe
passing of such act or ordinance 1 have [or he or
they haih or have] taken the oath of allegiance to
her Majesty Uueen Victoria (naming the times
when such letters of denization have been granted
respectively, or the year or years in which such ,
act or acta of naturalization, or such colonial acts |
or ordinances, have passed respectively], and that I
no foreigner, directly or indirectly, haih any share
or part interest in the said ship or vessel
Provided always, thai if it shall become necessary '
to register any ship or vessel tielonging to any corporate
body in the United Kingdom, ine following ;
declaration, in lieu of the declaration h?r?inl?lii?
directed, shall be m*dr and subscribed by the aeoreury
or other proper officer of such corporate body;
' (that is to aay):
" I, A. B , aecretary or officer of [ name of company
or corporation], do truly declare, That the
ahip or vessel (name) of [port] whereof (master's
name] ia at present master, being [kind of build, 1
burden, Ac . as described in the certificate of the
surveying officer], was [when and where built, or,
if prize or forfeited, capture and condemnation aa
euch], or [if the vessel be foreign built, and that |
such aecretary or officer does not know when and
where built,] that the aaid vessel ia foreign built,
and that I do not know the time snd place of the
building, and that the same doth wholly and truly
belong to [name the companyor corporation.]"
XX. And be it enacted, That notwithstanding
that by the said recited act for the registering of
British vessels it is enacted, that in case any ship,
not being duly registered, shall exerciae any of the
privileges of a British vessel, the same shall be forfeited,
nevertheless all boats or vessels under fifteen
tons burden, wholly owned and navigated by British
subjects, although not registered as British
shi|>i, shall he admitted to he British vessels in all
nangation in the rivers and upon the coasts of the
Untied Kingdom, or of the British possessions
sbrosd, and not proceeding over sea, except within
the limits of the respective colonial governments,
H ithifi which the managing owners of such vessels
respectively reside ; and thai all boats or vesaels
I wholly owned and navigated by British subjects,
not exceeding the burden of thirty tons, and not
having a whole or fixed deck, snd being employed
solely in fishing on the hanks and shores
of Newfoundlhnd, and of the pans adjacent, or on
, the banks and shores of the Provinces of Canada,
Nova Scotia, or New Brunswick, adjacent to the
THE REPUBLIC,
T HE RE P I! H E1C.
WASHINGTON:
FRIDAY MORNING, JULY |849
OFFICIAL.
APPOINTMENTS BY THE PRESIDENT.
custom-house officersEdward
W. Lawton, to be Collector
of the Customs at Newport, R. I., vice
Edwin Wilbur, removed.
Henry Addison, to be Collector of the
Customs at Georgetown, D. C., vice Robert
White, removed.
John M. Spencer, East Greenwich,
R. I., to be Surveyor, vice Silas Weaver,
removed.
Wm. H. S. Bayley, Bristol, R. I., to
be Survevor. vice Nathan Bardin. re
moved.
Charles Randall, Warren and Barrington,
R. I., to be Surveyor, vice Benjamin
M. Bosworth, removed.
Bvnjamin T. Fendall, Alexandria,
Va., to be Surveyor, vice James McGuire,
removed.
William Brown, Salem, MasB , to be
Naval Officer, vice John D. Howard, removed.
Cornelius Savage, New York, to be
Appraiser, vice Samuel J. Willis, removed.
appointment by the secretary of the
treasury.
William W. Thomas, New . York, to
be Assistant Appraiser, vice John W.
Manley, removed.
THE BRITISH NAVIGATION ACT.
We publish this morning a copy of this
important act as it finally passed the
House of Lords.
The germ of the English navigation
laws was in the act of 1650, prohibiting
all ships of foreign nations from trading
with the West India islands without license
from the Council of State. There
was a double purpose in this act. One
was to punish the plantations, which were
disaffected to the commonwealth, by stopping
their gainful trade with the Dutch;
and the other to "clip the wings of those
over-opulent and aspiring neighbors."
In the following year an act was passed
for the express purpose of wresting the
carrying trade of Europe from the Dutch,
by whom it was then almost monopolized.
This act is entitled "An act for increase
of shipping and encouragement of the navigation
of this nation." It provided that
no goods should be imported from Asia,
Africa, or America, into England, or any
of its dependencies, except in English
ships, under the penalty of forfeiture of
the goods and ships; nor from any part of
Europe, except in such vessels as belonged
to the people of that country of which
the goods were the growth or manufacture,
under the like penalty. These provisions
were continued by the act of 1*2
Charles II., c. 18, with the additional requirement
that the master and threefourths
of the mariners should also be British
subjects.
In the reign of George IV. all former
navigation acts were repealed, and a new
system introduced, which was embodied
in several acts, which have in their turn
been superseded by statutes of William
IV. and Victoria. The effect of this system
has been to secure to British shipping
and British commerce, as distinguished
from those of foreign countries, certain
exclusive privileges in favor of the mother
country and her colonies.
I. These acts provide, as to the import
trade, that certain specified goods, being
the produce of Europe, shall not be imported
into the United Kingdom to be used
therein, except in British ships or ships of
the country of which the goods are the
produce or manufacture, or from which
the goods are imported. They further
provide that (subject to certain exceptions)
no goods of Asia, Africa, or America, shall
be imported into the United Kingdom to
be used therein, unless they be those of
the country in Asia, Africa, or America,
of which the goods are the produce or
manufacture, and from which they are imported;
and (with exceptions) shall not be
imported from Europe into the United
Kingdom, to be used therein in any shipping
whatever. That no goods whatever
shall be imported into the United Kingdom
from the channel islands except in British
ships. That no goods whatever shall be
imported into any British possessions in
Asia, Africa, or America, in any foreign
ships except ships of the country of which
the goods are the produce, and from which
they are exported.
II. As to the rxport trade; they provide
that no goods shall be exported from the
United Kingdom to any British possession
in Asia, Africa, or America, nor to any
of the channel islands, except in British
ships.
III. They provide further, with regard i
| to the coasting and intercolonial trade, that
no floods shall he carried cotutvritf from
one part of the United Kingdom, or one
part of any of the aforesaid islands, or of
the aforesaid |>os sessions, to another, or
from one of the aforesaid possessions to
another, except in British ships.
The permitted intercourse between the
.Colonies and foreifln States is confined by
these acts to the ships of foreifln countries
havinfl colonies of their own, which shall
flrant the like privilege of trading to British
ships, or which, not having colonies,
shall place the commerce and navigation
of the I nited Kingdom and its foreign pos
sessions upon the touting of the moat
favored nation*; or which, without satiafying
these conditions, shall obtain from
the sovereign in council a special grant of
such privilege. Intercourse with the British
possessions in America (except in the
case of the exportation of the produce of
the fisheries) is also coufined to certain
ports called " free portand certain duties
are imposed on imports into those
possessions, not being the growth of the
United Kingdom, to be disposed of by the
local legislature. But notwithstanding auy
thing in these acts contained, the intercourse
between foreign countries and the
British possessions in or near the continent
of Europe, or within the Mediterranean,
or in Africa, or the limits of the East India
Company, (except the Company's possessions,)
was subject to a regulation by
the sovereign in council, in such manner
as might from time to time appear expedient
and salutary.
The first material invasion of the system
of the British navigation laws was
made by the treaty concluded by Mr.
Vansittart with this country in 1815;
by which treaty the ships of the two countries
were placed reciprocally upon the
same footing in the ports of Great Britain
and the United States; and all discriminating
duties, chargeable upon the goods
they carried, were mutually repealed. In
1823, Prussia followed the course of retaliatory
duties originally adopted by the
United States, which led to the passage
of Mr. Huskisson's reciprocity acts,
which empowered the king, by order in
council, to authorize the importation'and
exportation of goods in foreign ships from
the United Kingdom, or from any other of
his Majesty's dominions, on the same
terms as in British ships, provided it shall
first be proved to his Majesty and the Privy
Council that the foreign country in whose
favor such order shall be made shall have
placed British ships in its ports on the
same looting as its own snips, since that
time the United Kingdom has made reciprocal
treaties of navigation with Prussia,
Denmark, Hanover, Oldenburg, Mecklenburg,
Greece, Bremen, Hamburgh, Lubeck,
States of La Plata, Colombia, Holland,
France, Sweden and Norway, Mexico,
Brazil, Austria, Russia, and Portugal.
The recent act does not per se affect
that material provision of the law of
Cromwell's Parliament, by which all
foreign vessels were prohibited from engaging
in the trade between one British
port and another, or between any British
port and a colony or dependency of Great
Britain?a trade resembling the coasting
trade of the United States.
It is not our design to speculate upon
the objects of this legislation-, nor on
the duties which it may impose on the
Administration. Real reciprocity has always
been the doctrine and policy of the
United States?not that kind of reciprocity
which is all on one side, but an honest,
bond fide reciprocity. Whether under the
provisions of this act such a reciprocity
can be established, is the question now
presented to the examination of the American
people.
A DKFIAJCK.
Tike I'alra?Dorrtim?Democracy.
Lfcst the Union might overlook, in the
multiplicity of its exchanges, the New
York Tribune of the 17th instant, we copy
the following defiance for its especial
benefit. Whilst replying to the inquiries
touching the condition of the suffrage in
Virginia, the Union might explain the
course its senior took pending the discussion
of the subject before the people. The
Union has asserted that free suffrage is the
badge of the Democracy; if to give full
and candid replies, therefore, would read
its master-spirit out of the ranks, it may
hold its peace. We shall be quite atten
tive observers of the forthcoming passage
at arms, provided the Union'* prudence
will allow it to lift the gage.
[ From Ike -Vrv York Tribune of the 17(4. ]
The Union of Saturday has an article entitled
"The Consistency of Whiggery," abounding in
gross misrepresentations for parly ends of ihe Dorr
struggle in Rhode Island, of which the materia)
passages are as follows:
"He [Dorr] was invited by the people of his native
State, two-thirds of whom then had no more
voice in the government under which they lived
than the aerfs of Russia, to place himself at their
head, in a struggle for the extention of Ike rigkl of
mijfrofe?the very principle for which the people of
Europe are now reaorung to revolutions and overturning
thmnea. The only difference in the two
cases is, that he acted upon a well-known principle,
solemnly proclaimed in the Declaration of Independence
as ine birthright of American freemen. He
claimed it as a peaceful right, with which existing
authority had no right to interfere; whereas in Eurone
the neonle. although claiming the natural rurht
to change their forma of government, had no way
to aaaert it but by forcible revolution. Hut the two
caaeaare identical in abatract principle.
"At thia day (Ac poor vki.tr mm m Rkorle hlarul u
tmird one dollar far tkr rifkt *f tuffrmfr, trkvk kr mwrt
pay htfrrrt kf can voir, whereaa in France every man,
poor aa well aa rich, can vote without the payment
of a farthing. The right of auffrage ia more
free in Frmnor than in Rhode lalaod Are the leadera
of the Whig party ready to condemn thia illiberality
practiaed by the Whig State of Rhode lalaod'
If not, they ahould aay nothing of their aympathtea
for the etnigglea of the people of Europe to aecure
for themaelvea the very righta denied to the people
of Rhode Ialand.n
Taking the above avermenla aa our text, we i
challenge, dare, defy the aenior editor of the Union
to anawer frankly and fully the following qtieationa:
1. Haa the doctrine been hitherto fully avowed
and conaiatently upheld by the Virginia Democracy,
(of which you are known for forty yeara aa an
oracle,) that every "poor while man" waa entitled
to the right of auffrage'
3. Did the late conatitution of Virginia (framed
by the fathera of Virginian Democracy) recogniee
and guaranty auch right to every "pour white
man'" If not, why not'
3. L>oca the fncMul cotisutuiion of Virginia
(framed about twenty year* ago) guaranty auch
ngbt to every "poor white man?" If not, why not' |
4. Did the whole or inoal of the Democratic i
momkerii of the Virginia convention of 18Si9-30 recognise
and uifirm the right of every "poor white
man" to vote?
5. If universal suffrage be "a well-known principie,
solemnly proclaimed in the Declaration of Independence
as the birthright of American freemendo
you or do you not hold that every "American
freeman" is now entitled to that right without
restriction or qualification?
And, to come to the point?
6 Suppose the nonfranchised freemen of Virginia,
countenanced by a sufficient number of the
enfranchised to form a majority of the whole body
of freemen of that State, were to assemble a conr?
w viiimmi niiuvuv ivgm uuviiuiHjr, iuiiii a ujiibuiu"
lion, vole for it at an election called and held by
themselves only, and procluim that constitution
duly udopted and in force as the paramount law of
the State?the whole proceeding being utterly unknown
to the constitution, laws, and authorities
hitherto existing?would the editors of the Union
recognise the new government thus established as
legal and valid, rendering the present a nullity and
the present authorities usuipers?
And?
7. Supposing the present authorities and their
constituents?impelled, if you please, only by fear
of bloodshed and pillage?to call a convention and
legally frame a constitution granting half or twothirds
* hat the outsiders'constitution demanded,
and that the outsiders should thereupon rally all
hands to the polls and vole down this legally framed
constitution, with its vast extension of suffrageand
other desired reforms, and its concessions of power
to effect still further reforms, throwing the "law
and order'" government and its supporters back
upon freehold suffrage in opposition to their strenuous
exertions and votes, would the Union conceive
that the faction thus abusing the right of suffrage
when first conceded, to invalidate the concession
itself, had acted so as to deserve success or
sympathy?
These queries, we believe, cover all the material
points in the case of Rhode Island law and order
against Virginia sham Democracy. We dare the
Union to a full and frank discussion. Heartily desiring
and urging the complete restoration of Dorr
to citizenship, as we advocated his liberation from
confinement, we yet feel that the course into which
he was deluded by certain demagogues at Washington,
stimulated by a large number in this city, was
alike unjustifiable and injurious to the cause he professed
to have at heart. And whenever any people
of Europe shall meet large concessions by those
in whom political power is vested with insult, hostility,
and defiance to the field of carnage?shall
absolutely reject and vote down those concessions,
throwing those who rejected them back upon a relinquished
despotism?though we shall still labor
and hope for complete liberty and equality to that
people as to all others, we must, nevertheless, feel
that it has rushed upon a course at once shortsighted,
sanguinary, factious, and prejudicial to the
general advancement of freedom.
GEHRRAL SCOTT.
The following correspondence between
the Governor ol New York and the general-in-chief
of the army will be read with
intoroat hv all The rirrnmatgnrp rpfpr.
""wv" J ?? "?
red to by General Scott of his having
twice received the thanks of the Legislature
of New York, with an interval of
thirty years between the occasions, has
rarely had a precedent in military hiatory.
Such a tribute as the General has just received
is the only reward possible for him,
for after the battle of Chippewa he was
advanced to the highest rank recognised
by the law:
State or New Yoke,
1m attemblt, March 16, 1849
Hrsolrtd, (if the Senate concur,) That the thanks
of this Legislature be, and are hereby, tendered to
Major General Wikpield Scott, for his gallant
and meritorious conduct during the late campaign*
in Mexico, a* exhibited, not only by his bravery
upon the field of battle, but for his prudence and
humanity in looking to the preservation of the
lives of the gallant officers and soldiers under his
command
Reaoived, (if the Senate concur,) That the Governor
be requested to transmit a copy of the above
resolution to Mujor General Winpield Scott, a*
also to ench of our Senators and Representatives iq
Congress.
By order of the Assembly:
PHILANDER B PRINDLE, Clerk
In Senate, March 19, 1849.
RtBolvtd, That the Senate do concur in the above
resolutions.
By order of the Senate:
ANDREW H. CALHOUN, Clerk
State op New Yose,
CjXKCUTITB 1/trAMTMCNT, ALBANY, JUXy A
To Major General Wimsikld 8cott, U. 8. A.
Dear Sir: It gives me a vrrv great pleasure to
comply with the request of the Senate and Aaaembly
of thift Stele, by transmitung to you the accompanying
joint resolutions adopted by them at
their recent session.
Permit me, sir, to express my cordial concurrence
with the Legislature in the sentiment which is
embodied in the former of these resolutions It ia
but the utterance of a feeling which the noble
achievements to which it refers have awakened in
the bosom of every American who can appreciate
the most gallant deeds of valor, tempered and chastened
by the most humane and sell-sacrificing conduct.
With the highest consideration, I have the honor
to be your very obedient servant.
HAMILTON FISH
Wtir Poikt, N. Y., July 10, 1849
Sir: I have the honor to acknowledge your excellency's
letter of ?he 2d instant, conceived in the
most cordial and flattering terms, transmitting the
joint resolutions of the Senate and Assembly of New
York, giving me thanks for my services in the recent
war with Mexico.
This is the second time, within a third of a century
between, that I have been distinguished by the
emphatic approbation of the Legislative and Executive
of this great and patriotic State.
The reward far surpasses my merits or expectations;
but as a good ciuten I bow in humble
thankfulness to the partial judgment of my countrymen.
I have the honor to remain, with the highest respect,
your excellency's moat obedient servant,
WINFIELD 8COTT
His Excellency Hawilto* Flan, Gov of N. Y.
The absence of the New York letter <
from our columns for the last two or three
riau- In kn allrtkliloil Ia i hft -nrijtnu ill.
ne?? of our correspondent.
The St Catharine's Journal of June 10th aUlea
thai a duel took piace between A. C. Hamilton,
esq., of St. Calharine'a, and Capi Tench, of Nia- |
gara. They fired two ahota at each other?diatance, |
ten paces Theae gentlemen were prevented from t
continuing thia edifying modi of settling their diffi J
culty by the interference of one of the eeconde
It is stated that much excitement existed at St.
Calharine'a on account of a proposed demonstration t
of the Orangemen, nnd that a disturbance was an- ?
ticipated. The authontiea had sent to Niagara for t
the "Rifles" to be prepared for any emergency. I
4
(S>ur .foreign (Eorrroponfoewr.
" * mmmsmmmsM- L --== f
Rous, June 14, 1849.
Mail communication* being suspended, 1 send this
by a private hand to London. Within u mile and
a-half of the eternal city are stationed five and twenty
thousand French soldiers, occupying, in five divisions,
posts opposite to the five principal gates, and
supported by heavy batteries. Fourteen days of
hard fighting have enabled them to win these positions.
The loss of the Romans in killed and
wounded is officially reported at 4,700 men. The
French loss we have no means of ascertaining.
Saving a slight advance of the invaders, the post
tion of parties has changed little since the renewal
of hostilities. Successful resistance thus far has
inspired the Romans with confidence, and given
them the moral advantage over their enemies.
Such are the prevailing harmony and enthusiasm,
and so rapidly increasing- in the Republican cause,
that I cannot but regard the permanent establishment
of the existing government as highly probable;
provided always, that the Powers which have
intervened on the Roman question are disposed to
regard the sentiments of the Roman people. The
spirit of antique Rome lives again. Daylight finds
the towers, churches, and domes crowded with an
anxious multitude, eager to hail every gallant exploit
with animating shouts, and the evening descends
upon them unwearied with the day's excitements.
The conduct of the Romans of the nineteenth
century is indeed worthy the most glorious
days of their old history. It would seem that they
were inspired by the traditions of the past, and the
voices from the tombs of their fathers.
With unremitting toil they prosecute their defences.
The roads leading from the gates are rendered
impassable to cavalry, by being planted with
iron speurs. The neighboring houses are pierced for
musketry, and the gates are commanded by cannon,
planted on the neighboring bastions. Should
the enemy force the gates, they will be received, in
all the streets through which they must pass, with
showers of stones and boiling oil, which are ordered
to be provided in every house to be cast from
the windows. So thorough are the preparations
for defence, and so uncompromising the spirit exKiliitnd
that I nunnnt Hnnlil that iKa nnnnln nan ov
... , ...... ............... ..... *.
elude or destroy the French army. Since the at*
tack of the 1st instant, the National Guards have
been unable to preserve order within the city, and
the work of pillage and assassination has been
commenced. Many lives have been taken. Five
priests of the class known as retrogrades were
murdered night before laBt, and none who hold
anti-republican doctrines are safe. So large is the
number, within the walls, of alien robbers and vagabonds,
that the respectable portion of society are
kept in a state of perpetual alarm. Many of them,
I am told, have sought from our legation the protection
of the American flag?the descendants of
families illustrious in the annals of Rome. The
President of the Assembly himself is said to have
sought this protection; a fact emphatically demonstrative
of the deplorable condition of the city.
No egress from the city is permitted, and all
classes are beginning to suffer from the protracted
hardships of the siege. No vegetable food can be
procured ; the supplies of the last two days having
been cut off by the French cavalry. This is a
severe blow to the poorer residents, whose diet is
chiefly vegetables. But a still more severe calamity
is impending?the threatened deprivation of water.
The aqueducts leading from the Sabine hills, by
which the chief reservoirs are supplied, have been
sundered by General Oudinot. In the quarter of
the city where the coliseum stands, where the skirmishes
have been the most frequent, a pestilence is
apprehended from the exposure of the unburied
bodies ; and the inhabitants, by order of the Gov- jJ
ernment, are removing to other districts already I
too crowded for the accommodation of their resi- ' ^
dents. No one can fail to be impressed with the
marvellous spirit and fortitude manifested by the
Romans under all these painful and disastrous circumstances
In their eyes all other evils sink into
insignificance, compared with the ignominy of eobmitting
to the dictation of foreign arms.
The armed intervention of France is now every
where admitted to be a political blunder and crime.
Thus far it has been fruitful only of humiliation
and disgrace. Repulse has followed repulse-.
However th?^ European powers may regard the
new Roman Republic?and whatever may be its
character?it has thus far been virtuous enough to
resist the subtle blandishments of diplomacy, and
brave enough to repel the severest assaults of
arms. Whether they fail or succeed in their expedition,
it is difficult to foresee in what manner the
French Government will extricate themselves from
the embarrassments of their position. The sickly
season is fast approaching, when the acclimated
herdsmen of the Campagna perish of jiestilence, or
lake refuge in Rome, seeking shelter under the
porticoes of the churches and palaces. It is the
inhabitants of the Campagna who fill the Roman
hospitals during the months of July, Auguat, and
September. Already the malaria has appeared
among the French troops, and stricken its many
victims. There ia but one course left for France,
consistent with honor snd prudence, and that ia to
retrace her steps?to recall her troops, and to leave
the solution of these questions to Rome, as far as
they are of exclusively Roman interest, and U>
Italy as far as they belong to the Italian powers.
France can afford to do an act of magnanimity.
TL. D 41 ? 1 ' *
i iic rvomnn ijueauon, wnicn na* nillierlo HMD
one of merely political intereat, ia rapidly taking a I
apiritual complexion. The atruggle ia no longer I
one of armiea or of claaaea It embracea the whole I
circle of religioua hope, faith, and duty, and ia I
bringing within ita influence intereau that may
affect the deatiniea of geneniUona. Catholir.iam
tottera to tta fnundntiona under the ahock of Una
mtenrention. The faith of thoumnda haa been
cruahed by it. Almoat the entire 8taie of Rome
haa declared the downfall of the temporal power of
the pontiff, and nearly every municipality haa proleated
agninat ita reatoration, under the menarea not
only of French, but of Auatrtan and Neapolitan invaaion.
It ia an tntireating queation which many
now aak themaelvea, how far the representative of
a religion of peace ia justified in vindicating hia
temporal dominion by force of arma; and the contemplation
of the inevitable reaponae haa taught
man J m unuui inr iruin OT IIM OIUIOIIC religion, in
nneequence of the arte of the head of the Catholic B
r.hurrh. B
While I write, I learn that a formidable breach B
haa been made in the walla, under the Flaminian B
itate, of the Oreat North Road. Throughout the B
city, ahella and balla are falling. It ia nightfall, and fl
the grand attack ia expected to-morrow. B
The Hamburg brig Princeaa Royal arrived at I
Baltimore on the 18th, and atatea that the monopo- I
y lawa are again in force throughout Hayti, much H
0 the annoyance of the mercantile community H
\nother outbreak waa hourly expected. H
Death* I* Lownn* and New Yoke.?The rmm- I
?er of deatha laat week in New York. (991,) with H
1 population of aomewhat over 400,000, waa greater
han the laat received weekly report of deatha in V
London, with over it,000,000 inhabitanta. B