the whole of them. This will be evident if we
refer to its preamble, and to a few of its prominent
provisions. “Whereas for the increase of
shipping and encouragement of the navigation of this
nation, wherein under the good providence and protection
of God, the wealth, safety, and strength of this kingdom
is so much concerned; it is enacted that no goods,
or commodities whatsoever, shall be imported into,
or exported out of any lands, islands, plantations
or territories to his Majesty belonging, or in his
possession, or which may hereafter belong unto or
be in the possession of his Majesty in Asia, Africa,
or America, in any other vessels whatsoever, but in
such vessels as do truly and without fraud belong
only to the people of England, Ireland, or are of
the built of and belonging to any of the said lands,
islands, plantations, or territories as the proprietors
and right owners thereof, and whereof the master and
three-fourths of the mariners at least are English,
under the penalty of the forfeiture and loss of all
the goods and commodities which shall be imported
into, or exported out of any the aforesaid places,
in any other vessel, as also of the vessel with all
its tackle,” etc. From this, which
is the principal clause of the act, it clearly appears
that British subjects in whatever part of the empire
they may happen to reside, are entitled to precisely
the same privileges, and that vessels built in any
of her colonies are to all intents and purposes to
be deemed of British built, in the same manner and
on the same terms and conditions as if they had been
built within the limits of the united kingdom, i.
e. so long as the master and three fourths of the
crew are British subjects. That this admission
to a perfect equality of privilege, was and is still
the intent not only of the navigation act, but of
all the leading acts of navigation which have been
passed since, we shall be still further satisfied,
if we trace them in their whole progress to the present
hour. It will not, however, be necessary to extend
our examination either way beyond the great registry
act passed in the twenty-sixth year of the reign of
his present majesty, cap. 60. “By this
act very considerable alteration was made in the whole
concern of registering shipping, with a view of securing
to ships of the built of this country, a preference
and superiority which they had not enjoyed so completely
before. The plan of regulation then proposed
to parliament was the result of an inquiry and deliberation
of great length before the committee of Privy Council
for the Affairs of Trade and Plantations; and that
inquiry was commenced and carried on, and the measure
at length decided upon principally by the exertion
and perseverance of the late Earl of Liverpool."**
What vessels are still deemed in this careful and
elaborate revision of the navigation code to be of
British built, may be seen from the first clause
of this act, which ordains “that no vessels
foreign built (except such vessels as have