CHAPTER XI.

Despondency of many shipowners after the repeal of the Navigation Laws—Advantage naturally taken by foreigners, and especially by the Americans—Jardine and Co. build vessels to compete with the Americans—Aberdeen “clippers”—Shipowners demand the enforcement on foreign nations of reciprocity—Return of prosperity to the Shipowners—Act of 1850 for the improvement of the condition of seamen—Valuable services of Mr. T. H. Farrer—Chief conditions of the Act of 1850—Certificates of examination—Appointment of local marine boards, and their duties—Further provisions of the Act of 1850—Institution of Naval Courts abroad—Special inspectors to be appointed by the Board of Trade, if need be—Act of 1851, regulating Merchant Seaman’s Fund, &c.—Merchant Shipping Act, 1854—New measurement of ships—Registration of ships—The “Rule of the Sea”—Pilots and pilotage—Existing Mercantile Marine Fund—Wrecks—Limitation of the liability of Shipowners—Various miscellaneous provisions—Act of 1855.

Despondency of many shipowners after the repeal of the Navigation Laws.

Considering the violent opposition offered by the great majority of shipowners to the repeal of the Navigation Laws, it is not surprising that their despondency, when the Act came into operation, knew no bounds. Many of them resolved—and a few acted upon the resolution—to dispose of their ships at whatever price they would fetch, others determined to register them under a foreign flag; but few, if any, carried out their determination in this respect. On the other hand, as might have been expected, foreign nations, and especially the United States, made extraordinary efforts to secure for their shipowners the more valuable portion of the trade thrown open by the repeal of these laws. Hitherto the vessels of that country had more than rivalled British ships in the China trade; and, ever since the first Chinese war in 1842, when great expectations were entertained of an enormous increase of trade with that country, the Americans had made very considerable efforts to secure the larger proportion of it. To meet these efforts we had, before we were roused from our apathy by the repeal of the Navigation Laws, built various vessels of an improved description, such as the Alexander Baring, John o’Gaunt, Euphrates, Monarch, and Foam, which were equal to any American vessels then engaged in the trade with China. But, in 1845, various vessels were despatched from New York and Boston to Wampoa, of a novel form, which surpassed ours in speed, having low hulls, great beam, very fine lines, and with yards so square as to spread a far larger amount of canvas in proportion to their tonnage than any vessels hitherto afloat. To rival these we, in 1846, first directed our attention to the construction of “clipper vessels,” and as a test of these, Messrs. Alexander Hall and Co. of Aberdeen, sent forth a schooner named the Torrington, to compete with the Americans then engaged in the coasting trade of China, and in the still more lucrative opium trade. As this vessel proved a success, others of greater dimensions soon followed.

But in 1848, the Americans had found out a trade exclusively their own, which led to the construction of larger and still faster vessels than any they had hitherto employed in the trade with China. The discovery of the gold mines in California gave an impetus to their shipbuilding hitherto unknown; and, for that trade, they brought out a class of ships such as the world had then never seen; their dimensions in tonnage being as great as the largest of our old East Indiamen, with a capacity for cargo far greater, and with lines as sharp and fine as almost any Baltimore clipper. The voyage of the first of these celebrated vessels was limited to San Francisco, from which she returned in ballast to New York, having earned sufficient freight on her outward passage alone to amply remunerate her enterprising owners. The others, however, which followed, continued their voyage from California to China, and having the peculiar advantage of their own “coasting trade,” from which the vessels of all other nations were excluded, they obtained an immense advantage over all competitors.

Freights from New York to California, which, at first, were exorbitantly high, still averaged somewhere about 5l. per ton: thence, these ships proceeded to China, and there, were able to load cargoes of tea and other produce direct for London or New York, thus securing on the round voyage from 8l. to 10l. per ton freight, while our ships, engaged in the direct trade between London and China, a voyage nearly as long, could only earn out and home little more than half that rate per ton. It was not therefore, surprising, that loud complaints were made by British Shipowners of the disadvantage in which their vessels were placed, when competing with those of the United States.

Advantage naturally taken by foreigners, and especially by the Americans.

Encouraged by this special advantage, the Americans constructed for the California and China trades, vessels of still greater dimensions, and of a still finer description, in which, for a time, they practically monopolised not merely the trade between New York and San Francisco, but also that between China and Great Britain. Attributing the depression from which they were suffering to the repeal of the Navigation Laws, as every branch of trade was then greatly depressed, our Shipowners naturally viewed, with great alarm, the rapid strides made by American shipping. Nor were their fears allayed by a reference to the Board of Trade returns; wherein it appeared that, while the increase of British shipping had, in the year previously to the repeal been 393,955 tons, there had been a decrease in the year after the repeal of 180,576 tons; while, concurrently with the falling off of British shipping, it was also shown that foreign vessels, entering inwards from foreign ports, had increased from 75,278 tons to 364,587 tons. Our position appeared, therefore, critical; and, had it not been for the resources we held within ourselves, and the indomitable energy of our people, foreign shipping might then have gained an ascendency which might not afterwards have been easily overcome.

American shipping, above that of all other nations, had, hitherto, been moving onward with such rapid strides that though, in 1815, at the close of the war, the tonnage of the United States was not more than one-half that of Great Britain, it had risen by 1850 to 3,535,454 tons (including river and lake steamers), against 4,232,960 tons of British shipping, and bade fair, with the special advantages they now possessed, to surpass it in amount ere many years had elapsed. Under such circumstances, unusual efforts were necessary to maintain our position as the first of maritime nations.[132] We had, however, one advantage which our great American competitors did not possess. We had iron in abundance; and, about this period, we were specially directing our attention to the construction of iron ships to be propelled by the screw.

Various of these vessels, to which I shall hereafter fully refer, were launched about the year 1850, and placed in competition with the American liners, which had long, all but monopolised the trade between the United States and Europe. Even if we could not build wooden ships, as was then feared, at as low a cost as the Americans, we had the advantage in labour, in the cost of equipment, and in being able to produce a superior class of vessels suited for the China and other distant trades, from our English oak.[133]

Jardine and Co. build vessels to compete with the Americans.
Aberdeen “clippers.”

There is, however, no doubt that at this period there were few ships afloat which could rival in speed the Oriental, Challenge, Sea Witch, Flying Cloud, and various similar vessels the Americans had sent forth to compete with us in the trade from China, for, at that time, iron ships propelled by steam could not be profitably employed in so distant a trade. It seemed almost hopeless[134] to expect that we could construct sailing vessels which would enable us to cope successfully with these celebrated ships. But, though great in speed, it was soon discovered that they were inferior in strength; and, as some of them had landed their cargoes in a damaged state, the shippers of tea and other valuable produce from China encouraged the building of vessels of superior strength, hoping, at the same time, to obtain by improved models an increased speed, even if this speed did not surpass that of these famous American vessels. Accordingly, Messrs. Jardine, Matheson and Co. commissioned Messrs. Hall and Co., of Aberdeen, to construct for them a ship, with lines as sharp as those of any American, but of superior strength. The Stornoway, commanded by Captain Robinson, formerly of the John of Gaunt, was the first of the “Aberdeen clippers.” The Chrysolite, commanded by Captain Enright, followed. But, though these vessels proved very fast for their size, they were still no match for the Americans, which were double their dimensions. However, the Cairngorm, also built by Hall for Messrs. Jardine, proved equal in speed to any of her foreign competitors, and, by delivering her cargo in superior order, obtained a preference.

It was not, however, until 1856, when the Lord of the Isles, built by Scott, of Greenock, and commanded by Captain Maxton, in a celebrated race for the first delivery of the new teas from Foo-choo-foo in London, beat two of the fastest American clippers, though of nearly double her tonnage, delivering her cargo without one spot of damage, that British ships regained their ascendency in a trade which their American rivals bade fair to monopolise. From that time, British sailing ships, as I shall hereafter show, gradually gained a complete ascendency over the Americans in the China trade, and carried all before them, until they, in turn, were supplanted by British screw-steamers.

In the meantime, however, our Shipowners were suffering heavy losses in the ordinary branches of commerce, with little prospect of any permanent improvement. It was, therefore, not surprising that many of them contemplated abandoning the business in which they, as well as their forefathers for many generations, had been engaged. To obtain a restoration of Protection was out of the question; while any remission of burdens, or abrogation of restrictions, in the power of the Legislature to grant, would not, they felt, enable them to compete successfully with their foreign rivals. To these burdens I shall hereafter refer.

Shipowners demand the enforcement on foreign nations of reciprocity.

As regarded non-reciprocity on the part of foreign nations, they had little expectation that any relief could be obtained. Every State that had anything worth acceptance in the way of reciprocation had, they were convinced, determined on adhering to a Protective policy; and, though the retaliatory clause in the Navigation Act might afford some power of compulsion, the Shipowners saw from the discussions in Parliament that it was vain to hope that such powers would ever actually be put in force. Nevertheless, under such gloomy political prospects, every effort was made by the central body of the Shipowners’ Association in London to impress their views upon the representatives of the maritime towns in Parliament. The outports were urged to secure the return of members who would support a policy opposed to that of the indiscriminate abolition of all Protective laws. The feeling thus provoked exercised its influence during many succeeding years. They who had the moral courage to advocate more enlightened principles were made the victims of the exasperated Shipowners, and a good many members lost their seats at the general election of 1852 because they could not, conscientiously, support any measure restoring Protection to the Shipowners, even in the modified form they now desired, the general enforcement of the reciprocity on other nations.

Return of prosperity to the Shipowners.

Happily, however, for the Shipowners, the demand for their vessels soon rose; and, though some of them may have severely suffered for the first twelve months after the repeal of the Navigation Laws, they soon recovered their losses, and their course ever since has been, apart from the usual fluctuations in all branches of commerce, one of almost continued prosperity. Mr. Thomas Tooke, in his well-known work,[135] speaking of the annual state of trade at the close of 1853, states, that the most satisfactory accounts of the year’s business were those connected with shipping. Indeed, 1852, as well as 1853, were years of prosperity to every class of persons connected with ships.

The enormous emigration of the former year, and the great increase of imports and exports in 1853—caused unquestionably by our liberal policy—created a sudden demand for freight, far beyond the resources of vessels really available. British ships of the highest class rose in price from 15l. to 21l. and 22l. per ton, and colonial from 6l. 10s. to 11l. per ton; freights, in many instances, advanced more than 100 per cent.; and it was soon discovered that, though the carrying trade of England had been opened to vessels of all nations, English merchants could not find sufficient tonnage to supply the orders pouring in on them from every part of the world: thus, while the demand for Australia was still on the increase, new branches of commerce were opening out also in other quarters. Freights from Odessa rose from 65s. to 120s. per ton; the rates to and from the west coast of South America, Brazil, and the West Indies were nearly doubled; from America, both in timber and grain, freights advanced in like proportion, as well as in the Baltic; and, even, in the coal trade between Newcastle and London, the usual standard rate of 6s. per ton was more than doubled. The grain trade, beyond all others, was characterised by extraordinary activity, the result of events it was impossible to foresee; while the practical closing of some of the most important granaries during the subsequent war between Russia and Turkey, greatly enhanced the price of corn, and gave rise to large importations of bread-stuffs from the United States and other more distant parts of the world, necessitating, at the same time, a large amount of tonnage for their transport. The surprising prosperity, which had so suddenly succeeded a period of depression and adversity, silenced for a time, though it did not extinguish, the complaints of the already “old school” Shipowners against the repeal of the Navigation Laws.

Act of 1850, for the improvement of the condition of seamen.

But, as British ships were now subjected to the competition of the vessels of all nations, Government considered it their duty to afford every facility as far as regards education and the means of obtaining it to the men by whom they were manned, holding that they were bound to secure for them every advantage in this respect possessed by those of foreign nations. We have seen, by the reports from the various Consuls abroad and from other sources, that, in the training of our seamen for the work they have to do, we were far behind our foreign competitors. Consequently, among the earliest measures of 1850, an Act was passed which had for its object the improvement of the existing condition of our seafaring population, especially as regards commanders and officers, and for affording to Shipowners greater facilities than they had hitherto possessed for engaging and regulating the conduct of the crews of their ships. Hitherto, though our ships had been, by some people, pompously, styled the “harbingers of peace, Christianity, and civilisation,” they had more frequently carried with them to other lands vices previously unknown there.

Valuable services of Mr. T. H. Farrer.

In point of fact, all other nations, except England, had a code of laws to regulate the conduct and test the competency of those who navigated their merchant ships; life and property with us being placed under the charge of men without any security for their conduct, integrity, or ability. Avaricious Shipowners, too, often bought labour in the cheapest, and rarely, therefore, in the best market; while others, with sons and brothers to provide for, placed them in charge of their ships, or in other responsible positions, for which they were often altogether incompetent. The seamen, themselves, were neglected, and, in many instances, were, to a great extent, under the control of a class of nefarious persons known as “crimps,” who procured them employment, discounted their advance notes at usurious rates, and, too frequently, plundered them of all they possessed at the termination of the voyage. It, therefore, became the duty of Government to do what in them lay to remedy these glaring evils. Happily there had just been appointed, as Secretary to the new Marine Department of the Board of Trade, a young gentleman of rare abilities, who had devoted considerable attention to the state of our mercantile marine, and had accepted this office with a fixed determination to remedy, as far as legislation could do, the existing evils. To Mr. T. H. Farrer the country is greatly indebted for most of the measures which have since been passed in connection with our mercantile marine.[136]

Chief conditions of the Act of 1850.
Certificates of examination.

The first of these reform Acts, entitled, “An Act for Improving the Condition of Masters, Mates, and Seamen, and Maintaining Discipline in the Merchant Service,” received the Royal assent on the 14th August, 1850, and came into operation on the 1st January of the following year. This Act contains 124 clauses, and places under the Board of Trade the general superintendence of matters relating to the British mercantile marine, with power to carry the Act into execution in all its details. This valuable measure provides for the establishment of local marine boards at the principal seaports in the kingdom. These boards consist of from six to twelve members, comprised of the Mayor or the stipendiary magistrate resident in the district, of two to four members nominated by the Board of Trade, the remainder being elected by the shipowners resident in the place. Two superior officers with various subordinates were appointed to carry out the duties of the marine board under the direction of its members. The first and most important of these duties consisted in the examination of persons intending to become masters or mates of foreign-going ships, who are now required to give satisfactory evidence of their sobriety, experience, ability, and general good conduct, before they are entitled to receive a certificate of their competency.

Appointment of local marine boards,
and their duties.

Those persons who had previously been in command of ships, or who had served as mates, were not required to undergo an examination, but received a certificate of service, enabling them to accept appointments similar to those they had held previously to the Act coming into operation; so that, in this respect, the law was not retrospective, but only required such persons to undergo examination who had not before acted in the above capacities; power was, at the same time, given to the board to cancel their certificates of service, or of competency, provided those who held them were guilty of misconduct, or otherwise found to be unfit for their duties. Penalties were inflicted for false representations, for forging, or altering, or fraudulently using their certificates. The local marine boards were required to establish shipping offices, where all seamen are engaged; and to appoint, subject to the approval of the Board of Trade, shipping-masters, whose duties were to ascertain that engagements were made in proper form, to issue the advance notes of the seamen, and to see that they joined the ships for which they had engaged at the time fixed for departure. Their duties, likewise, extended to the settlement of the seamen’s wages at the termination of the voyage, and to the seeing that while the men were justly dealt with, they received, also, a proper discharge. They were, moreover, bound to keep a register of the names and character of the seamen and apprentices, and to perform such duties, in relation to the indentures of the latter, as had previously been performed by the officers of Customs. All agreements were to be in a specified form, and to state, as far as practicable, the nature and length of the voyage on which the ship is to be employed, the time when each seaman was to commence duty, the capacity in which he was engaged to serve, the amount of wages he was to receive, the scale of the provisions to be supplied, with such further regulations as might be necessary for his conduct on board, and to inflict fines, short allowance of provisions, or other lawful punishments for misconduct. These agreements the shipping master is required to read over to the seamen, who, if they approve, then sign them in his presence. No alterations are allowed to be made, unless with the consent of all parties; and these agreements must be produced by the master, before a clearance of the ship can be obtained at the Customs. Similar agreements are required for vessels engaged in the coasting trade; but, in this case, they need only be entered into once in six months, and may be signed either on board the vessel or at the shipping office. Penalties are inflicted on masters for taking seamen to sea without such agreement, or for its non-production if required by the British Consul abroad, or by the shipping master, or Collector of Customs in the ports of Great Britain.

The masters and officers are examined in seamanship in its varied branches, as well as in navigation; and the course of examination very much resembles what, as I have already described, has long been adopted in various foreign countries. It is of two grades—first and second class—and has produced the most marked effect in the moral, social, and intellectual improvement of the persons in charge of the vessels of our now gigantic mercantile marine. However much our ships have improved, in all respects, since the Navigation Laws were repealed, and this improvement has been very remarkable, it is not greater than what has taken place in the case of the men by whom they are commanded and navigated.

Throughout the whole of this Act every consideration seems to have been given to the wants of the seamen, with the exception of their education, provision being made for the proper payment of their wages and advance notes, and further facilities afforded for their more prompt recovery.

Further provisions of the Act of 1850.

This Act further provides, that, in every ship, nine superficial feet of space, measured upon the deck, is to be appropriated to each seaman, either in the forecastle or in a suitable house on deck; such space to be kept entirely free of stores of every kind, to be securely and properly constructed, and to be well ventilated. The owner is also bound to provide, for the use of all on board, a supply of medicines, in accordance with a scale sanctioned by Government; with lime-juice in certain cases, and fresh vegetables whenever they can be conveniently obtained: the masters, also, of all ships are bound to keep weights and measures on board, so that the seaman may be satisfied that he has his full allowance of provision agreeably with the Act; while heavy penalties are inflicted on owners who do not conform to these conditions.

In the case of desertion, the masters or owners are authorized by this Act to give or take in charge, without warrant, any seaman who had left his ship without “leave,” or any seaman or apprentice who neglects or refuses to join a ship in which he has engaged to serve. Though this clause has since been frequently condemned, and might be limited with advantage to within a certain time before the ship sails, it was absolutely necessary to deal with such cases promptly, for deserting seamen, more especially when in debt to the ship, readily found employment, and would, in many cases, have sailed in other vessels before it was possible to have obtained a formal warrant for their apprehension.

Any misconduct endangering the ship, or life or limb, is considered a misdemeanour; as also any wilful breach of duty, by reason of drunkenness or any other cause, which might tend to the immediate loss, destruction, or serious damage of the ship, or of the life or limbs of any persons, engaged in her. Certain offences may be summarily punished on arrival in port, such as wilfully damaging the ship, or embezzling or wilfully damaging any of her stores or cargo, assaulting the master or mate, wilful disobedience to lawful commands, or combining with any other or others of the crew to disobey these commands, neglect duty, or with impeding the navigation of the ship or the progress of the voyage. All such matters may be summarily dealt with, by inflicting punishment of from one to three months’ confinement with or without hard labour.

Institution of Naval Courts abroad.

Naval Courts are also instituted abroad, for hearing complaints with regard to either seamen or masters, and for dealing with them in a summary manner. These courts are constituted of from three to five members, and consist of officers of her Majesty’s Navy, of rank not below that of lieutenant, of a consular officer, and of the master of a British ship; but, if there should happen to be no ships-of-war in the harbour, the Consul has power to nominate any other disinterested master or merchant to act as a member of such court.

Among the more important sections of the Act, I must not omit that referring to the clause enjoining masters of ships to keep a log-book of a prescribed form, known as the “official log.” In this book the master is ordered to enter, not merely the daily course and position of the ship, but all occurrences on board as to the conduct of the crew; any disobedience of orders or neglect of duty; an entry is further required to be made of the death, injury, or illness of any seaman and of the time when he left the ship, should he have done so without leave. This official log the master has to deliver, on his return to port, to the Collector of Customs before an entry of his ship can be obtained; and in the case of any ship being sold abroad, the master or transferrer thereof must deliver or transmit it, duly made up to the time of transfer, to the shipping master or Collector of Customs, at the port to which the ship previously belonged. Penalties of from 5l. to 20l. are inflicted upon the master or owner for not keeping the log in proper form, or for neglecting to make the necessary entries.

When a seaman is discharged from a vessel by mutual consent, either abroad or at the termination of the voyage, the master must give him a certificate of character, in a form sanctioned by the Board of Trade, specifying his qualifications; but in cases where the seaman has proved incompetent or negligent in his duty, the master may decline to give him this certificate, so far as regards his character.[137]

Special inspectors to be appointed by the Board of Trade, if need be.

Power is further taken by the Board of Trade to institute a special investigation, wherever there is reason to apprehend that any serious accident, occasioning loss of life or property, has been sustained, or that any of the provisions of the Act, or of any other Act relating to merchant shipping or merchant sailors, has been grossly neglected or disobeyed; and, for that purpose, to appoint local inspectors or any other competent persons, to inquire into and report thereupon. These inspectors have power to go on board and examine the ship and any papers relating to the voyage, and may call for the production of evidence; and penalties are inflicted for obstructing any of them in the execution of this duty. Various other clauses, for the protection alike of the owner, master, and seamen, are to be found in the Act, which extends to all British possessions at home or abroad, including India. A schedule is attached, regulating the scale of fees to be charged for the examination of masters and mates, and for the engagement and discharge of crews.[138]

Act of 1851, regulating Merchant Seaman’s Fund, &c.

I have frequently, in the course of this work, had occasion to refer to the Merchant Seaman’s Fund, established by 20 Geo. II., cap. 38, as also by 4 & 5 Will. IV., cap. 52, and by 6 Will. IV., cap. 15. As this fund had been grossly mismanaged, an Act was passed in 1851 (8th August) to provide for the winding it up, and for its better management in future. Consequently all the previous Acts relating to it, together with various amending Acts, were swept away, and the general supervision of the business of winding-up the fund was placed in the hands of the Board of Trade, or of such persons as that Board might appoint. By the previous Act all masters and mates of ships were required to subscribe from 1s. 6d. to 2s., and all seamen 1s. per month toward the fund, of which 6d. went to Greenwich Hospital. But the Act of 1851 rendered it no longer obligatory on their part to do so. Those persons, however, who voluntarily continued their subscriptions were to be entitled to pensions in old age, or when otherwise rendered unfit for their duties; and provision was, likewise, made for the widows and children of such persons. These subscriptions the shipping masters appointed under the Mercantile Marine Act of 1850 are authorized to receive, and all moneys and properties forming part of, or belonging to, the Merchant Seaman’s Fund are transferred to the Board of Trade. No master or seaman who had not contributed to the fund before the passing of this Act is allowed to contribute thereto, or to establish any claim for pension or other relief for himself, or for his wife or children; so that the benefits to be derived are confined, exclusively, to those who had hitherto subscribed, and who voluntarily continued their subscriptions after the passing of the Act of 1851; the Commissioners of her Majesty’s Treasury are further authorized to pay, out of the Consolidated Fund, such sums as may be necessary, in addition to the voluntary subscriptions, for the necessary expenditure, and to make good the deficiency; they are also to pay to this fund the unclaimed wages and effects of deceased seamen; and all fines levied for neglect of duty or otherwise are appropriated for the same purpose.

The Board of Trade is authorized to determine and regulate the principles and conditions on which relief is to be granted under the Act, and to make such regulations and by-laws as may be necessary for the receipt and distribution of the fund. The Board has also to render annually to Parliament an account of the receipts and disbursements of the previous year, under several heads; the amount of money in hand, and any sums which may be outstanding; the number of pensioners—distinguishing between men, women, and children, and between different scales of pensions, and the total amount of pensions in each class, together with that of the salaries and expenses of management.

But, beyond these Acts, a great deal more was necessary for the proper government of the merchant service. The vast multitude of Acts of Parliament suspending, repealing, and altering parts of other Acts had involved our commercial maritime law in almost inextricable confusion, and had become most injurious to the public interest. No persons but those well conversant with the subject can imagine to what extent this abuse had sometimes been carried. When the Navigation Laws were repealed no less than forty-eight separate and distinct Acts of Parliament were in force relating directly to maritime affairs; some of them, now before me, are in black-letter type of a very ancient date. It, therefore, became necessary to deal with these Acts; and, for that and other still more important objects, a Bill was introduced in 1854, which dealt in the most comprehensive manner with all questions relating to merchant ships and their crews. In this great measure, the two Acts to which I have just referred were embodied.

Merchant Shipping Act, 1854.

The Merchant Shipping Act of 1854[139] contains no less than five hundred and forty-eight clauses, divided into eleven separate and distinct parts or sections.

The first lays down the general functions of the Board of Trade; the second relates to the ownership, registration, and measurement of British ships; and the third is confined, exclusively, to matters referring to the conduct and duties of masters and seamen, and embraces the whole of the conditions of the Act of 1850, with various additions and amendments.

New measurement of ships.

The measurement of ships embodied in part second of this Act is a great improvement on all former modes of ascertaining the tonnage of a ship, as it takes capacity for its basis; and thus, while proportioning the dues payable by ships to their capabilities of carrying freight, affords free scope to Shipowners to construct such vessels as are best adapted to the trade in which they are to be employed.[140] This admirable mode of admeasurement was also adopted, at a recent congress, as the basis for ascertaining the tonnage on which ships of any nation were to pay dues on passing through the Suez Canal.

Registration of ships.

In dealing with the question of registration, the second portion of the Act of 1854, which contains ninety-one clauses, while it specifies in detail what persons are qualified to become owners of British merchant ships, likewise points out in what proportion of ownership the vessel may be held, inflicts penalties for non-attendance to these rules, and on builders for issuing false certificates. It also requires all change of owners or masters to be endorsed on the register; specifies the condition on which new certificates may be issued, and how they are to be disposed of in the event of shipwreck; the mode of transfer in case of sale, death, or bankruptcy is likewise clearly defined; as also the registration of all mortgages in their priority of claim, the mortgagee having power of sale without being held liable for any of the responsibilities of ownership.[141]

The “Rule of the Sea.”

The fourth part of the Act is almost as important as the third, which deals, as we have seen, with the qualifications and duties of masters, officers, and seamen. It refers to the safety and prevention of accidents, a subject which has created much controversy of late, and to which reference will be made more fully hereafter. This important section of the Merchant Shipping Act of 1854 requires all sea-going vessels to be provided with a certain number of boats in proportion to their tonnage and the trade in which they are engaged. It lays down rules as to the meeting and passing of ships at sea, and the use of lights and fog-signals—a regulation of daily increasing importance and more completely carried out in 1863, from the vast number of vessels now traversing the ocean, and especially the English and other great channels of commerce.

Various necessary and excellent regulations are embodied for the construction and equipment of steam-ships, without interfering with their form, leaving their owners and builders every possible scope for improvement, and compelling the fulfilment of certain conditions necessary to insure safety without relieving their owners from their just responsibility to the public. Vessels built of iron must be separated into water-tight compartments, which has since been repealed, and, in the case of steamers, the engine-room must be kept entirely distinct from the hold and cabins; passenger ships (of which further notice will hereafter be taken) are under special regulations with regard to surveys and signals, the use of fire-engines, and the shelter of all persons conveyed on deck.

Pilots and pilotage.

In the fifth part, the powers and general jurisdiction of pilots and pilotage authorities are defined. Power is also given by this Act to dispense with the use of pilots which had been enforced at certain places, by the Acts of 1849 and 1853, and was subsequently extended to all ports in the United Kingdom except London, Liverpool, and Bristol, so as to permit “the master or mate of any ship” who “may, upon giving due notice, and consenting to pay the usual expenses, apply to any pilotage authority to be examined as to his capacity to pilot the ship of which he is master or mate, or any one or more ships belonging to the same owners,” and, if found qualified, to receive a pilotage certificate.

The sixth part of the Act refers to the management of lighthouses,[142] buoys, and beacons, whether under the immediate control of the Ancient Trinity House of Deptford Strond, of the “Commissioners of the Northern Lighthouses,” or of the Dublin “Ballast Board.”[143] These separate authorities (subject to the control of the Board of Trade) are hereby authorized to appoint persons to inspect the lighthouses and levy dues for their maintenance (but with revision by her Majesty in Council), and to regulate and alter such dues. Accordingly, each of them may see the following works carried out within its jurisdiction:—(1) Erect, remove, alter, or repair lighthouses, with all other requisite works in connection with them; (2) construct, place, or alter any buoys or beacons; (3) purchase any land necessary either for the lighthouse or its approaches, with residences for the light-keepers; and (4) vary the character of any lighthouse or the mode of exhibiting any lights therein.

Existing Mercantile Marine Fund.

The seventh part deals with the existing Mercantile Marine Fund, which, in some respects, but only to the very limited extent I have named, supplies the place of the Merchant Seaman’s Fund, and directs the Board of Trade to carry to this fund all fees and other sums received under the provisions of the third and fourth sections of this Act; all surplus light dues, when not appropriated to the reduction of the charge levied on ships, all rates and moneys received by the Trinity House under the Local Act (7 Vict., cap. 57) for the regulation of lastage and ballastage in the River Thames, and various other fees. It directs these funds to be applied to the cost of the examinations, and of the shipping offices provided under the third part, and of the survey of steam ships under the fourth part of this Act. The remaining portions of this fund not required for the maintenance of the lighthouses, &c., &c., is used for the purpose of establishing and maintaining on the coast of the United Kingdom proper life-boats,[144] and for rewarding the preservation of life in such cases as the Board of Trade may direct, and for remunerating persons in connection with wrecks, casualties, and salvage with which the eighth portion of the Act specially deals.

Wrecks.

The inquiry into wrecks, though still requiring amendment, is not the least important part of the Merchant Shipping Act of 1854. It has proved of immense value to the State, and combined with the new law of admeasurement, and, of course, with that wholesome rivalry free navigation has created, has done much to improve the quality and equipment of the merchant vessels of Great Britain, and has, at the same time, tended to the safety of life and property at sea. This part of the Act provides, that whenever any ship is lost, abandoned, or materially damaged, especially in cases where life has been sacrificed, the Board of Trade may[145] institute an inquiry (I object to the mode in which this is now carried out) into the cause of such misfortune, and, for this purpose, appoint suitable persons to form a court, able and competent to deal with all such questions.

Under the eighth part of the Act, the Board of Trade has intrusted to it the general superintendence of all matters relating to wrecks cast on shore, together with the appointment of receivers, who have authority to summon all persons, promiscuously, to their aid, to whatever number may be deemed necessary for the saving from plunder or otherwise the property thus stranded, and to “demand the use of any waggon, cart, or horses that may be near at hand;” “all persons refusing, without reasonable cause, to comply with this summons are liable to a penalty not exceeding 100l.” The receiver can also use force to suppress plunder, and “if any person is killed, maimed, or otherwise hurt by reason of his resisting the receiver in the execution of his duties, this officer is indemnified against all prosecutions for such acts”—a power somewhat approaching the rigour of the ancient laws, but still not too stringent to suppress the lawlessness even now prevailing when wrecks take place on remote parts of our coasts. Certain rules are laid down to be observed by persons finding or taking possession of a wreck; for instance, he must give notice of it as soon as possible to the receiver of the district, and, if he fails to do so, is, thereby, subject to penalties for his neglect, as well as to the loss of all salvage. Salvage is awarded to persons saving life or property from the perils of the sea, and is regulated in amount by the risk incurred and the extent of services rendered, the saving of life having priority over all other claims.

Provision is, generously and very properly, now made, that no claim for the use of any of her Majesty’s ships in saving life or property shall be valid, and that no person on board of such ships shall be permitted to make any demand on this behalf without the formal consent of the Admiralty, the mode of procedure in all such cases, previously in many ways objectionable, is now clearly established and defined. Nor does the Act omit to deal, and with great propriety, with dealers in marine stores and manufacturers of anchors. Subsequently, but on much more debateable grounds,[146] an act was passed which dealt with the makers of chain cables.

Limitation of the liability of shipowners.

The ninth part of the Merchant Shipping Act defines or limits the liability of shipowners under certain circumstances; that is to say, shipowners are not liable, so far as regards fire, loss of life or personal injury, or loss of goods or merchandise, unless they have rendered themselves personally responsible, “to an extent beyond the value of their ship, and the freight due or to grow due in respect of such ship during the voyage.” This liability was further limited in 1862 by Mr. Milner Gibson when President of the Board of Trade.[147] The mode of procedure is laid down at length and with great perspicuity; but nothing in the Act is “to lessen or take away any liability to which any master or seaman, being also owner or part owner of the ship to which he belongs, is subject in his capacity of master or seaman.”

Various miscellaneous provisions.

The tenth part of the Act refers to the mode of legal procedure “in all cases where no particular country is mentioned within her Majesty’s dominions;” while the eleventh and last part deals with a few miscellaneous subjects, such as granting power to masters or owners of ships to enter into contracts, under certain circumstances, with Lascars or other natives of India for voyages to Great Britain, Australia, or other parts of her Majesty’s dominions: to corporations for the granting of sites for the erection of sailors’ homes: to the legislative authority of any British possession for the repeal, alteration or amendment of any provisions of the Act “relating to ships registered in such possession:” and to the Commissioners of Customs to recover from the Consolidated Fund, or from the Mercantile Marine Fund, all expenses incurred by them in the conduct of suits or prosecutions raised under the Act.

Such are the leading provisions of the Merchant Shipping Act of 1854, one of the greatest, most useful, and salutary measures ever passed, the repeal of the Navigation Laws excepted, in connection with the mercantile marine of Great Britain.[148]

Act of 1855.

In the following year (1855) an Act, which may be taken as part of the great Act of 1854, was passed to facilitate the erection and maintenance of colonial lighthouses; to amend some of the clauses referring to light dues; to specify more distinctly the conditions of ownership and the nature of mortgages; and to exempt the owners of pleasure yachts from having their names and the port to which they belong painted on the stern, as in the case of merchant vessels. Additional powers were also given by this Act to naval courts abroad, in the case of misconduct of the master or crew: for the relief of destitute Lascars, and for other matters of minor importance.

FOOTNOTES:

[132] At that moment our prospects were certainly very gloomy, and it was not surprising that many of our shipowners were disposing of their property. On the other hand, as most of our shipbuilders were idle, it was a favourable moment to contract for the construction of ships. I, therefore, embraced the opportunity, and contracted in one week for six ships of an improved description, of about 1000 tons each. Two of these I built at Sunderland, two at Maryport, one in Dundee, and one in Jersey. Most of the old school of shipowners thought I had lost my senses, and prophesied “ruin;” but others thought there was “method in my madness,” and were thus encouraged to follow my example. Many of my readers may remember the jeering paragraphs which appeared in the Free-trade journals of the period, headed “Lindsay and more ruin,” “Not so bad as they seem,” and so forth. But the fact had an astonishing effect in rousing our shipowners from their dreams of despair, and I never had any reason to regret my “daring speculation.”

[133] Mr. T. C. Cowper, of Aberdeen, himself a member of a well-known shipbuilding firm in Aberdeen, who had spent some time in China at the period to which I now refer, and to whom I am indebted for much of the information connected with our struggles to maintain our position in that trade, gives the following graphic description of his voyage home in the Ganges, Captain Deas, belonging to Leith, one of the vessels we had sent forth soon after the repeal of our Navigation Laws, to compete with the Americans in that trade. “We landed,” he says, “new teas at Wampoa, and sailed on the 1st September, 1851. Two of the fastest American clippers, the Flying Cloud and Bald Eagle, sailed two or three days after us. A great deal of excitement existed in China about the race, the American ships being the favourites. The South-west monsoon being strong, the Ganges made a rather long passage to Anger, but when we arrived there we found that neither of our rivals had been reported as having passed. We arrived in the English Channel on the evening of the 16th of December. On the following morning at daylight we were off Portland, well in shore and under short sail, light winds from north-east, and weather rather thick. About 8 A.M. the wind freshened and the haze cleared away, which showed two large and lofty ships two or three miles to windward of us. They proved to be our American friends, having their stripes and stars flying for a pilot. Captain Deas at once gave orders to hoist his signals for a pilot also, and as, by this time, several cutters were standing out from Weymouth, the Ganges being farthest in shore got her pilot first on board. I said that I would land in the pilot boat and go to London by rail, and would report the ship that night or next morning at Austin Friars.” (She was consigned to my firm.) “The breeze had considerably freshened before I got on board the pilot cutter, when the Ganges filled away on the port tack, and, contrary to his wont, for he was a very cautious man, crowded on all small sails. The Americans lost no time and were after him, and I had three hours’ view of as fine an ocean race as I can wish to see; the wind being dead ahead, the ships were making short tacks. The Ganges showed herself to be the most weatherly of the three; and the gain on every tack in shore was obvious, neither did she seem to carry way behind in fore reaching. She arrived off Dungeness six hours before the other two, and was in the London Docks twenty-four hours before the first, and thirty-six hours before the last, of her opponents.”

[134] All our shipowners had not, however, even then given way to despair, and Mr. Farrer reminds me of a speech which, at the time, had a considerable effect in rousing the drooping spirits of those who were in doubt. He says, in a note I received from him the other day: “Shortly after I joined the Board of Trade, in 1850, I went to dine at some large dinner in the City (a dinner, I think, for one of the great marine charities) at which a great number of the large London shipowners were present. They were then in a state of great irritation at the recent repeal of the Navigation Laws. Amongst those present was the late Mr. Richard Green, who, as is well known, was one of the very few shipowners who supported the Government on the repeal of these laws. After dinner the usual speeches were made, and amongst them was one by the Secretary to the American Legation, a young gentleman who addressed us in the flowing style not uncommon with young Transatlantic orators. After him came Mr. Richard Green—the contrast of style was striking. ‘We have heard,’ he said, ‘a good deal to-night about the dismal prospects of British shipping, and we hear, too, from another quarter, a great deal about the British Lion and the American Eagle, and the way in which they are going to lie down together. Now, I don’t know anything about all that, but this I do know, that we, the British shipowners, have at last sat down to play a fair and open game with the Americans, and by Jove we will trump them!’ The feelings of the other shipowners present may be conceived.” And I may add he did “trump them,” for shortly afterwards he built a ship called the Challenger to match their Challenge, which thoroughly eclipsed her.

[135] See Tooke’s ‘History of Prices,’ vol. v. p. 303.

[136] Mr. Farrer’s connection with the Board of Trade commenced in 1850, when he was employed by the late Lord Taunton, then Mr. Labouchere, to draw up a Merchant Shipping Bill; and he has ever since had important relations with that Board, more especially on all matters connected with the Mercantile Marine, first, as Secretary to that department, and now as permanent Chief Secretary to the Board.

[137] Perhaps if masters of ships were more particular, and instead of inserting in the printed certificate of discharge, as they now almost indiscriminately do, “V. G.” (very good), they would mark the real character of the man, with “V. G.” or “G.” as the case might be, or when necessary substitute “N. S.” (not satisfied), it might have some effect in improving the character of seamen; and these documents, which are now almost worthless, would then become of some service to shipmasters themselves. Why should we not adopt the course which we generally (but not always) do in the case of house servants? A house servant without a character has not much chance of employment, even now, when the demand is very great for them. To give a true and just character is a duty we owe, not merely to ourselves, but to society, and shipmasters should understand that, by granting a certificate of “V. G.” or “G.,” when the character of the seaman does not deserve either grade, may produce far more serious consequences on board ship than would likely be the case in our households, where we can discharge a bad servant at once, which we have no power to do at sea. One bad seaman may not merely contaminate the whole crew, but may be the means of the loss of the ship on which he sails, and of all on board.

[138] This portion of the Act was somewhat hastily framed, especially as regards the extent of inquiry and the power of depriving masters and officers of their certificates; and, although that power was subsequently limited by the Acts of 1854 and 1862, the clauses referring to the mode of inquiry and the power to punish might with advantage be still materially modified.

[139] 17 & 18 Vict., cap. 84.

[140] The rule is to measure the length of the ship in a straight line along the deck, deducting from the length what is due to the rake of the bow, as also to the stern timber, and to divide the length thus taken into from four to twelve equal parts, according to the size of the ship. At each of these divisions the breadth is taken and the depth at each point of the division, and by making certain allowances, which the Act specifies in minute detail, the capacity of each section or compartment is thus accurately obtained. When the products of these are ascertained, the register tonnage is obtained by means of an easy mode of calculation, alike applicable, and equitably applicable, I must add, to ships of any size and every conceivable form. Of course this tonnage is subject to additions or deductions (which have sometimes been the cause of much controversy) for poops, top-gallant forecastles, houses, and other enclosed spaces on deck, which are all additions to the tonnage, while the large spaces occupied by engines, boilers, and coal-bunkers in steamers are deductions from it. Altogether it would not be easy to concoct a more just and wise mode of ascertaining the register tonnage of merchant vessels than that which Mr. Moorson, a man of remarkable genius, after years of labour, submitted for the consideration of Government, and which, through the instrumentality of Mr. Farrer, was in a great measure, adopted and embodied into the Merchant Shipping Act of 1854. I look back, as one of the pleasing reminiscences of my public life, to the hours I spent with Mr. Moorson in going through the details of his scheme before it was submitted to the public; but, though I may have ventured to offer an amendment here and there, as others may have done, the merit of the scheme belongs to him alone. It is now adopted by nearly all maritime nations. Mr. Moorson was the most modest of men; and I have the greatest pleasure in adding my humble testimony to the public labours of this most excellent and unassuming man.

[141] This Act has been a real success. A perfect title to any ship—even to the Great Eastern—can now be obtained at the nominal expense of only one shilling sterling! Why cannot we apply some such principle to the sale and transfer of land? It may be vain to ask such a question; but the reason may be explained by an anecdote: “When in Parliament I was frequently required to accompany deputations from my constituents, and other persons connected with shipping to the Board of Trade. One occasion, when Mr. Henley was President to the Board, I well remember. The deputation was from a great seaport on the eastern coast, and its leading spokesman was an attorney of considerable local influence and reputation. Among the various grievances brought under the notice of Mr. Henley was one which I did not expect to hear, and which has, certainly, never been conscientiously raised either before or since. It related to the law of Ship Registry as settled by the Act of 1854. One of the leading features of that law is, that the Register shall contain nothing but the names of those persons who can give an absolute title to the ship, omitting altogether the trusts and ramifying interests which make the transfer of a title to land such a complicated and expensive matter. The attorney in question, however, attempted to make out the omission to be a great grievance, arguing that all sorts of complicated interests could not be placed on the Register. Mr. Henley, whose shrewdness has now become proverbial (for I do not remember any man in the House of Commons who more readily discovered the flaws in Bills introduced for its consideration), in reply, after dealing with other grievances, in his usual pointed and clear manner, quietly remarked, ‘And now we come to another grievance—that you cannot put trusts on the Register. Now, it seems to me,’ he continued, ‘that we have been tolerably successful in doing for ships what all the wise men are trying in vain to do for land—that is, to save them from a long lawyer’s bill—there may be a grievance—I dare say some one (looking hard at the attorney) has a grievance, but I don’t think it is the shipowner!’”

[142] In the Exhibition of 1851 the French exhibited some beautiful specimens of coast-lights, in which they then excelled, but, since then, (see papers read by Sir William Thompson and Mr. J. Hopkinson before the British Association at Bristol) we have made remarkable improvements in the forms of our lighthouse apparatus, and now produce lights more powerful and brilliant than any other country. These are, chiefly, manufactured by Messrs. Chance Brothers of Birmingham, and, for the mode of arranging the glass reflectors, we are greatly indebted to the genius of the late Professor Faraday and Sir William Thompson. Lights are now constructed, which on a clear night can be seen at a distance of twenty-five miles, perhaps more. But still greater improvements have, since then, been made by arranging the colours, or rather the variation, of lights along a line of coast, so that the navigator may be able, at once, to distinguish one light from the other. For instance, some are fixed, single or double, white, red, or flash lights, or are revolving, displaying alternately these or other colours. But it has been found that red glass absorbs nearly two-thirds of the power of the light, and thus is to a very large extent deprived of its usefulness. Indeed, it has been found that colour of any kind used to distinguish one light from another materially lessens its power. Consequently, we are now adopting other means to distinguish one light from another on any given line of coast. That is, we make eclipses of opaque shades revolving round the usual lighting apparatus, and these we can vary so as to show 5, 10, 15, 20 or 30 seconds of darkness with similar or greater intervals of bright light. We may thus use altogether white or bright lights, which have the greatest power to work in such a manner that one can be easily distinguished from another. I may add that electric light, instead of that produced by oil or gas, has been tried within the last few years. One of these lights was fixed in 1871 on Souter Point, coast of Durham. The flashes were of 5 seconds’ duration, with dark intervals of 25 seconds. The apparatus producing this effect consisted of a dioptric of the third order for fixed lights, around which there was an octagonal drum of glass, consisting of panels of eight vertical lenses; by these the divergent and continuous sheet of light from the fixed portion of the apparatus was gathered up so as to form distinct beams which successively reach the observer as the panels pass in succession before him. The electricity for the production of the spark was generated by one of Professor Holmes’ magnetic-electric machines, worked by a steam-engine of four or five horse-power.

[143] It is to be regretted that the management of all the lights, buoys, and beacons of the kingdom have not been placed under one head, with a view to greater efficiency and economy.

[144] Apart from the aid thus rendered, there is a noble institution for the saving of life from shipwreck on the coasts of the United Kingdom, established in 1824, and maintained entirely by voluntary subscriptions. It is not merely well known in this country, but throughout the world, for no other nation of either ancient or modern times has produced such a truly philanthropic society as the “Royal National Lifeboat Institution of Great Britain.” It has now upwards of 250 life-boats stationed on different parts of our coast. Since its establishment it has expended on life-boats, and other means for saving life from shipwreck, upwards of 356,000l.; it has awarded 91 gold and 863 silver medals, and 45,200l. in coin to brave men as rewards for saving life; while those who manage its affairs and provide the necessary means, have for their reward the inestimable satisfaction of knowing, that the Institution has been the means of extricating from a watery grave and restoring to their friends, during the last half century, no less than 22,660 human beings, of every kindred and of every tongue. How insignificant are the honours conferred by monarchs compared with those which such labours of mercy as these bestow! Its boats, as I have said, are stationed on every part of the coast; and where the rocks are most rugged and the quicksands most deceptive, there these noble craft are to be found with their voluntary crews, the bravest of the brave, daring the rudest storms to save the lives of their fellow-men, and too frequently placing their own lives in the greatest peril. The boats are built expressly for the purpose of encountering heavy storms. The medium, or thirty-feet boat, to pull ten oars double-banked, is probably the best adapted for the general purposes of a life-boat; but, on the Norfolk and Suffolk coasts, and other places, some of the boats actually in use are from forty to forty-five feet in length, weighing from four to five tons, and fitted with lug-sails. These boats put to sea on their grand mission of mercy during the most tempestuous weather.

I remember, a quarter of a century ago, attending, in conjunction with its generous-hearted Chairman, the late Mr. Thomas Wilson, and its present excellent Chief Secretary, Mr. Richard Lewis, and other gentlemen, a meeting which had for its object the renovation of this noble and truly national institution. Its annual income was then only 150l.; its income is now upwards of 40,000l. per annum! But it is only due to the foresight of Lord Cardwell to state that, seeing, when President of the Board of Trade, in 1854, the value that such an institution was likely to prove, he recommended a small Government subsidy to aid it during its struggle for existence. His approval, more than the money voted, was then of great advantage, and he must now look back with no ordinary satisfaction to his thoughtful and generous recommendation. Nor must I withhold from Government the credit due to it for establishing that almost equally valuable and useful contrivance, the Rocket Apparatus, managed by the Coast Guard, under the directions of the Board of Trade, and supported from the Mercantile Marine Fund.

[145] I have frequently thought it would be desirable to institute an inquiry into all losses at sea, where reliable evidence can be obtained. I should have every loss recorded, with a brief notice of the cause of loss, and this record should either be open to the inspection of the public, or published annually by order of Parliament. It would be instructive and valuable, and would, I think, tend to materially lessen disasters at sea, by distinguishing those which arose from unavoidable accidents and those which might have been avoided. Indeed, so strong are my convictions on this subject that, if spared for a few years longer (which I can hardly hope to be, as I am physically myself a wreck), I hope to write another book, to be entitled the ‘Annals of the Sea,’ giving an account of all disastrous shipwrecks, and calling attention to those which would not have happened had ordinary prudence been exercised.

[146] This Bill was introduced by Sir J. D. Elphinstone and Mr. Laird. I opposed it on principle, as I felt that it was an unnecessary interference with the duty of shipowners; and that, if chain cables were to be tested by Government inspectors, we should be obliged to appoint inspectors to examine and report on every article of a ship’s equipment, thus as a matter of fact relieving shipowners from their responsibility to the public. Besides, by subjecting chain cables to an enormous and an unnecessary strain, the fibre of the iron was likely to be destroyed or rendered more brittle, and, hence, less to be depended on. All legislation in this direction should be narrowly watched, and the line carefully drawn, as, in too many instances, it is likely to do more harm than good. Indeed, I cannot too strongly impress upon the minds of persons who have to deal with such questions the impolicy of every measure which has for its object the performance by Government officials of duties belonging to the shipowner, as every such measure necessarily tends to relieve him from his responsibility to the public.

[147] 25 & 26 Vict., chap. 63. This Act altered the law of 1854 by making the limit a sum dependent on the tonnage for 15l. per ton in case of damage for loss of life, and 8l. per ton for loss of goods. It was found that the law of 1854, by making the value of the ship and freight in all cases the limit of damages, gave a premium to bad, cheap, and ill-found ships, since the owner of the cheap ships could recover against the owner of the valuable ship up to a large limit, while the owner of the valuable ship could only recover against the other a very small amount. It also encouraged the conveyance of passengers in ships of an inferior description.

[148] I look back with great pleasure to the part I took, however humble, in connection with this great measure. Though it was the Act of Lord Aberdeen’s Government, its credit is mainly due to Mr. (now Lord) Cardwell, then President of the Board of Trade, to Mr. (now Sir Henry) Thring, by whom it was drawn with great ability and care, and to Mr. T. H. Farrer, then Secretary of the Marine Department, whose clear head, sound judgment, thorough knowledge of maritime law, and unwearied exertions, were of the greatest value to the able minister under whom he acted. Perhaps, in the whole history of Parliament, no Bill at all approaching its dimensions and the multiplicity of subjects with which it dealt, was ever carried through the House of Commons with so much unanimity, and in so short a space of time, as the Merchant Shipping Act of 1854; and, as the manner in which this was done may be useful to the legislators of to-day and of the future, I shall endeavour to state the mode of procedure. Mr. Cardwell, having made himself thoroughly master of the subject by a careful study of the existing mercantile marine laws of our own and other countries in all their details, invited to the Board of Trade the representatives of all the leading seaports in the kingdom, and having furnished them with an outline of his views, wisely sought their aid in the construction of his great measure. He courted discussion in every form, and, in no instance, declined to receive a deputation from shipowners, sailors, and other persons who could furnish him with useful information on the subject. By such means he was able, not, however, without much labour, though it was unseen and unknown, to complete and perfect a most difficult and valuable legislative measure, the whole of the clauses of which he carried through the House of Commons in one day’s sitting between the hours of 12.30 and 5.45! No such legislative feat has ever been performed before or since. Nor was it, indeed, a less perfect measure than various others of one quarter its size, which had occupied the attention of Parliament for as many days as the hours appropriated by the House to its discussion.