since, but even considerably enlarged; for many other
places are now included in the direct commerce with
these colonies, as will be seen by reference to the
46 Geo. III. c. 116. which recites, “whereas
by the laws in force no commodity of the growth, production,
or manufacture of Europe, is allowed to be imported
into any place to his Majesty belonging, or which
shall hereafter belong unto, or be in the possession
of his Majesty in Asia, Africa, or America, but what
shall be
bona fide and without fraud, laden
and shipped in Great Britain, or Ireland, except salt
for the fisheries of Nova Scotia, Newfoundland and
Quebec, which may be laden in any port of Europe,
and also except any goods fit and necessary for the
fishery in the British colonies or plantations in
America, being the growth, produce, or manufacture
of Great Britain or Ireland, or of the islands of
Guernsey or Jersey, which may be shipped and laden
in the said islands respectively by any of the inhabitants
thereof, and also except wines of the growth of the
Madeiras and the Western Islands, or Azores, which
may be laden at those places respectively: and
whereas, it may tend to the benefit of the British
fisheries, and to the advantage of the commerce and
navigation of this country, if permission was given
for certain other articles to be shipped for the British
colonies in North America, at other places in Europe
than those hereinbefore mentioned, under certain regulations
and restrictions:” it is therefore enacted
that any fruit, wine, oil, salt, or cork, the produce
of Europe, may be shipped and laden at Malta, or Gibraltar,
for exportation direct to the said plantations in
North America, on board any British
built vessel,
owned, navigated, and registered according to law,
which shall arrive with the produce of the said fisheries
taken and cured by his majesty’s subjects carrying
on the said fishery from any of the said plantations,
or from Great Britain or Ireland.
[* 12 Car. II. chap. 18.]
[** Reeves, second edition, p. 397.]
[*** 15 Charles II. cap. 7.]
[**** England, Ireland and Scotland, since united
into one kingdom.]
I have been thus copious in extracts from the navigation
laws, to prove that the great leading principles of
these laws would not only be in no wise encroached
upon by allowing the inhabitants of this colony to
carry on the whale fisheries in their own vessels,
but also that the duties which were thus clandestinely
imposed on oils so procured, have been a flagrant
violation of them, and that they are a single isolated
exception to a general rule. Nor would the abolition
of the duties in question, and the consequent encouragement
of these fisheries, prove injurious to the British
merchants at home, as must have been apprehended by
those who were the authors of the prohibitory law
by which these duties were enacted. Looking, indeed,
at the mere situation of the colony, it would not
be unnatural to conclude that its contiguity to the