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INSTRUCTIONS RELATING TO TRADE AND NAVIGATION[26]
Оглавление(Instructions 1774-1778.)
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[L.S.] Orders and Instructions to Our Trusty and Well beloved Guy Carleton Esquire Our Captain General and Governor in Chief in and over Our Province of Quebec in America, In pursuance of several Laws relating to the Trade and Navigation of this Kingdom of Great Britain and our Colonies and Plantations in America, Given at Our Court at St James's the Third Day of January 1775. In the Fifteenth year of Our Reign. —
First You shall inform yourself of the principal Laws relating to the Plantation Trade, and shall take a solemn Oath to do your utmost that all the Clauses, Matters, and Things contained in all Acts of Parliament now in force, or that hereafter shall be made relating to Our Colonies or Plantations be punctually and bonâ fide observed according to the true intent and meaning thereof.
2d And whereas, by an Act made in the Seventh and Eighth Years of the Reign of King William the Third, intituled "An Act for preventing Frauds, and regulating abuses in the Plantation Trade" the Officers appointed for the performance of certain things mentioned in an Act passed in the fifteenth year of the Reign of King Charles the Second, intituled "An Act for the encouragement of Trade" commonly known by the Name of the Naval Officers, are to give security to the Commissioners of our Customs in Great Britain for the Time being, or such as shall be appointed by them, for Our use, for the true and faithful performance of their duty, you, shall take care, that the said Naval Officers do give Security to the said Commissioners of Our Customs or the Persons appointed by them, who are impowered to take the same in the manner thereby enjoined, and that he or they produce to you a certificate from them, of his, or their having given Security pursuant to a Clause in the said Act, and you are not to admit any Person to act, as Naval Officer who does not within two Months, or as soon as conveniently may be, after he has enter'd upon the execution of his Office, produce a Certificate of his having given such Security as aforesaid.
3d And whereas it is necessary for the more effectual dispatch of Merchants and others, that the Naval Officers and the Collectors of the Customs should reside at the same Ports or Towns, you are therefore to take care, that this regulation be observed,[c] and to consult with the Surveyor General of Our Customs, in what place it may be most convenient to have the Custom-House fixed in part of his District; and to take Care, that the Collector and Naval Officer reside within a convenient Distance of the Custom-House for the Dispatch of Business.
4. Whereas by the Act for the encouraging and increasing of Shipping and Navigation passed in the twelfth year of the reign of King Charles the Second, no Goods or Commodities whatsoever are to be imported into, or exported out of any of Our Colonies or Plantations in any other ships or Vessels whatsoever, but in such as do truly and without Fraud belong only to Our People of Great Britain, or Ireland, or are of the Built of, and belonging to any of Our Lands, Islands, or Territories, as the Proprietors and right Owners thereof, and whereof the Master and three fourths of the Mariners at least are British under the Penalty of the forfeiture and loss of all the Goods and Commodities, which shall be imported into, or exported out of any of the said Places in any other Ship or Vessel, as also of the Ship or Vessel with her Guns, Furniture &c: And whereas by a Clause in the Act for preventing Frauds, and regulating Abuses in the Customs passed in the thirteenth and fourteenth years of the reign of King Charles the Second, no foreign built Ship, that is to say, not built in any of Our Dominions of Asia, Africa, and America shall enjoy the Privilege of a Ship belonging to Great Britain or Ireland, although owned and manned by British Subjects, (excepting such Ships only as shall be taken at Sea by Letters of Mart, or Reprizal, and Condemnation thereof made in Our Court of Admiralty as lawful Prize,) but all such Ships shall be deemed as Aliens Ships, and be liable to all duties that Aliens Ships are liable to by Virtue of the aforesaid Act, for the encouraging and increasing of Shipping and Navigation: And whereas by a Clause in the Act for preventing Frauds and regulating Abuses in the Plantation Trade, it is enacted that no Goods or Merchandizes whatsoever shall be imported into or exported out of any of Our Colonies or Plantations in Asia, Africa, or America, or shall be laden in, or carried from any one Port or place in the said Colonies or Plantations to any other Port or Place in the same, or to Our Kingdom of Great Britain in any Ship or Bottom but what is or shall be of the Built of Great Britain, or Ireland, or of the said Colonies or Plantations, and wholly owned by the People thereof, or any of them, and navigated with the Master and three fourths of the Mariners of the said Places only, except such Ships only, as shall be taken as Prize, and Condemnation thereof made in One of the Courts of Admiralty in Great Britain; Ireland, or the said Plantations to be navigated by the Master and three fourths of the Mariners British, or of the said Plantations as aforesaid, and whereof the Property does belong to British Subjects, on pain of forfeiture of Ship and Goods; And whereas by another Clause in the said Act for the more effectual prevention of Frauds, which may be used by colouring foreign Ships under British Names: It is further enacted, that no Ship or Vessel whatsoever shall be deemed or pass as a Ship of the Built of Great Britain, Ireland, Guernsey, Jersey, or any of Our Plantations in America, so as to be qualified to trade to, from, or in any of the said Plantations, until the Person or Persons claiming property in such Ship or Vessel shall register the same in manner thereby appointed: You shall take care and give in charge that these Matters and things be duely observed within Our said Province under your Government according to the true intent and meaning of the said Acts & the Offences & Offenders prosecuted according to the directions thereof, and where it is required, that the Master and three fourths of the Mariners be British; You are to understand, that the true intent and meaning thereof is, that they shall be such during the whole Voyage unless in case of Sickness, Death, or being taken Prisoners in the Voyage to be proved by the Oath of the Master or other Chief Officer of the Ship, and none but Our Subjects of Great Britain, Ireland, or the Plantations are to be accounted British.
5. Whereas, by the said Act of Navigation, as the same stands amended and altered by the aforesaid Act for regulation of the Plantation Trade, it is enacted that for every Ship or Vessel, which shall set Sail out of, or from Great Britain for any British Plantation in America, Asia, or Africa, sufficient Bond shall be given with one Surety to the chief Officer of the Customs of such Port or Place, from whence the said Ship shall set sail, to the value of One thousand Pounds if the Ship be of less burthen, than one hundred Tons, and of the Sum of two thousand Pounds, if the Ship shall be of greater Burthen: That in case the said Ship or Vessel shall load any of the Commodities therein enumerated, Vizt Sugar, Tobacco, Cotton Wool, Indigo, Ginger, Fustick or other dying Wood, of the growth, production, or Manufacture of any British Plantation in America, Asia, or Africa, at any of the said British Plantations, the said Commodities shall by the said Ship be brought to some Port of Great Britain, and be there unladen and put on Shore, the danger of the Seas only excepted; and for all Ships coming from any Port or Place to any of the aforesaid Plantations which by this Act are permitted to trade there, that the Governors of such British Plantations shall before the said Ship or Vessel be permitted to load on board any of the said Commodities, take Bond in manner and to the value aforesaid for each respective Ship or Vessel, that such Ship or Vessel shall carry all the aforesaid Goods, that shall be laden on board the said Ship or Vessel, to some other of the said British Plantations, or to Great Britain; and that every Ship or Vessel which shall load or take on board any of the aforesaid Goods, until such Bond be given to the said Governor, or Certificate produced from the Officers of any Custom House of Great Britain, that such Bond hath there been duly given, shall be forfeited with her Guns, Tackle, Apparel, and Furniture, to be employed and recovered, as therein is directed: And whereas by two Acts passed in the Third & Fourth years of the Reign of Queen Anne, the one intituled, "An Act for the encouraging the importation of Naval Stores from Her Majesty's Plantations in America," and the other for granting to Her Majesty "a further Subsidy on Wines and Merchandizes imported;" And by two other Acts passed in the Eighth year of the reign of King George the first, the one intituled "an Act for the encouragement of the Silk Manufactures of this Kingdom, and for taking off several duties on Merchandizes exported, and for reducing the Duties upon Beaver Skins, Pepper, Mace, Cloves, and Nutmegs imported, and for importation of all Furs of the product of the British Plantations into this Kingdom only" the other intituled "An Act to prevent the clandestine running of Goods &c and to subject Copper Ore of the production of the British Plantations to such Regulations as other enumerated Commodities of the like production are subject continued by An Act passed in the Eighth year of His said late Majesty's Reign; and still in force, all Rice (except under the Regulations prescribed in the Acts of the third year of His late Majesty's Reign, and the fourth and fifth years of our Reign, Molasses, Furs, Hemp, Pitch, Tar, Turpentine, Masts, Yards, Bowsprits, and Copper Ore, and by An Act passed, in the fourth year of Our Reign, all Coffee, Pimento, Cocoa Nuts, Whale Fins, Raw Silk, Hides, and Skins, Pot, and Pearl Ashes of the growth, production, or Manufacture of any British Colony or Plantation in America, under the like Securities and Penalties restrained to be imported into this Kingdom as the other above mentioned enumerated Commodities, And whereas by an Act passed in the fifth year of Our Reign, intituled "An Act for more effectually preventing the Mischiefs arising to the Revenue and Commerce of Great Britain and Ireland from the illicit and clandestine Trade to, and from the Isle of Man" no Rum or other Spirits shall be shipped or laden in any British Colony or Plantation in America, but on condition that the same shall not be carried to, or landed in the Isle of Man, under the like Securities, Penalties, and Forfeitures; And whereas by another Act made in the Sixth year of Our Reign, intituled "An Act for opening and establishing certain Ports in the Islands of Jamaica, and Dominica, for the more free importation and exportation of certain Goods and Merchandizes, for granting certain Duties to defray the expences of opening, maintaining, securing, and improving such Ports, for ascertaining the duties to be paid upon importation of Goods from the said Island of Dominica into this Kingdom, and for securing the Duties upon Goods imported from the said Island into any other British Colony" all Wool, Cotton-Wool, Indigo, Cochineal, Fustick, and all manner of dying Drugs, or Woods, Drugs used in Medicine, Hairs, Furs, Hides and Skins, Pot and Pearl Ashes, Whalefins, and Raw Silk, of the growth and produce of any foreign Colony, or Plantation, shall upon the exportation thereof from either of the said Islands of Dominica or Jamaica, be imported from thence directly into Great Britain, under the like Securities, Penalties, and Forfeitures, and by the said Act of the sixth year of Our Reign, no Goods whatever shall, or may be exported from the said Island of Dominica, to any Port of Europe to the northward of Cape Finisterre, except to Great Britain, and such Goods shall be there landed under the same Securities, Regulations and restrictions and subject to the like Penalties and Forfeitures, you are therefore to take particular Care, and give the necessary directions that the true intent and meaning of all the said Acts be strictly and duly complied with.
6. You shall carefully examine all Certificates which shall be brought to you of Ships giving Security in this Kingdom to bring their Lading of Plantation Goods hither, as also Certificates of having discharged their Lading of Plantation Goods in this Kingdom, pursuant to their Securities; And whereas the better to prevent any of the aforesaid Certificates from being counterfeited, the Commissioners of Our Customs have thought fit to sign the same, It is therefore Our Will and Pleasure, that no such Certificates be allowed of, unless the same be under the hands and Seals of the Customer, Comptroller, and Collector of the Customs in some Port in this Kingdom or two of them, as also under the hands of four of the Commissioners of the Customs at London, or three of Our Commissioners of the Customs at Edinburgh, and where there shall be reasonable ground of Suspicion, that the Certificate of having given Security in this Kingdom is false and counterfeit, in such case, you or the Person or Persons appointed under you shall require and take sufficient Security for the discharge of the Plantation Lading in this Kingdom, and where there shall be cause to suspect that the Certificate of having discharged the Lading of Plantation Goods in this Kingdom is false and counterfeit, you shall not cancel or vacate the Security given in the Plantations, until you shall be informed from the Commissioners of Our Custom in Great Britain, that the Matter of the said Certificate is true; And if any Person or Persons shall counterfeit, raze, or falsify any such Certificate for any Vessel or Goods, or shall knowingly or wittingly make use thereof, you shall prosecute such Person for the forfeiture of the Sum of five hundred Pounds according to the Clause of the aforesaid Act for preventing Frauds, and regulating Abuses in the Plantation Trade; and pursuant to the said Act you shall take care, that in all such Bonds to be hereafter given or taken in the Province under your Government, the Sureties therein named be persons of known residence and ability there, for the value mentioned in the said Bonds, and that the Condition of the said Bonds be within eighteen Months after the Date thereof, the danger of the Seas excepted, to produce a Certificate of having landed and discharged the Goods therein mentioned in One of Our Plantations, or in this Kingdom, otherwise to attest the Copy of such Bonds under your hand and Seal, and to cause Prosecution thereof. And it is Our further Will and Pleasure that you do give Directions to the Naval Officer or Officers not to admit any Person to be Security for another, who had Bonds standing out and undischarged, unless he be esteemed responsible for more than the Value of such Bonds.
7. And you are also to give Directions to the said Naval Officer or Officers to advise with the Collector of the Port or District in taking Bonds, and not to admit any Person to be Security in any Plantation Bond until approved by the said Collector; And whereas Lists of all Certificates, granted in South Britain for the discharge of Bonds given in the Plantations, are every Quarter sent to the Collectors of the Districts, where such Bonds are given, the said Naval Officer or Officers is, or are to take care, that no Bond be discharged or cancell'd by him or them without first advising with the Collector, and examining the said List; to see that the Certificate is not forged or counterfeited; And whereas the Principal Officers of Our Customs in America are directed to examine from time to time, whether the Plantation Bonds be duly and regularly discharged, you are to give directions, that the said Officers be permitted to have recourse to the said Bonds, as well as the Book or Books in which they are or ought to be entered and to examine as well whether due Entry thereof be made, as whether they are regularly taken and discharged, and where it shall appear, that Bonds are not regularly discharged, you are to order that, such Bond be put in Suit.
8. You are to understand that the Payment of the rates and Duties imposed by An Act intituled, "An Act for the encouragement of the Greenland and Eastland Trades; and for the better securing the Plantation Trade" passed in the twenty fifth Year of the Reign of King Charles the Second, on the several Plantation Commodities therein enumerated doth not give Liberty to carry the said Goods to any other Place, than to some of Our Plantations, or to Great Britain only, and that, notwithstanding the Payment of the said Duties, Bond must be given to carry the said Goods to some of the said Plantations, or to Great Britain, and to no other Place.
9. You shall every three Months, or oftener, or otherwise as there shall be opportunity of Conveyance, transmit to the Commissioners of Our Treasury, or our High Treasurer for the Time being, and to the Commissionrs of Our Customs in London, a list of all Ships and Vessels trading in the said Province according to the Form and Specimen hereunto annexed, together with a List of the Bonds taken, pursuant to the Act passed in the twenty second and twenty third years of King Charles the Second's reign, intituled "An Act to prevent planting Tobacco in England; and for regulating the Plantation Trade;" and you shall cause Demand to be made of every Master at his clearing of an Invoice of the Contents and Quality of his Lading &c, according to the Form hereunto also annexed, and inclose a Copy thereof by some other Ship, or for want of such Opportunity by the same Ship under Cover, sealed, and directed to the Commissioners of Our Treasury, or Our High Treasurer for the Time being, and to the Commissioners of Our Customs in London, and send another Copy of the said Invoice in like manner to the Collector of that Port, in this Kingdom for the Time being, to which such Ship shall be said to be bound.
10. Whereas by the aforesaid Act for the Encouragement of Trade, no Commodities of the Growth, Production, or Manufacture of Europe, except Salt for the Fishery of New England and Newfoundland, Wines of the growth of ye Madeira's or Western Islands or Azores, Servants and Horses from Ireland and all sorts of Victuals of the growth and production of Ireland, and salt to the Provinces of Pennsylvania, New-York, Nova Scotia, and Quebec, in pursuance of five Acts passed in the Thirteenth year of the reign of King George the First, in the Third year of His late Majesty's reign, and in the Second, Fourth and Sixth years of Our Reign, shall be imported into any of Our Colonies or Plantations, but what shall be bonâ fide, and without Fraud Laden and Shipped in Great Britain, and in Ships duly qualified, you shall use your utmost endeavour for the due observation thereof; and if contrary hereunto any Ship or Vessel shall import into our said Province under Your Government any Commodities, of the growth, production, or Manufacture of Europe, but what are before excepted, of which due Proof shall not be made, that the same were Shipped or Laden in some port of Great Britain by producing Cocquets or Certificates under the hands and Seals of the Officers of Our Customs in such Port or Place where the same were Laden, such Ship or Vessel and Goods shall be forfeited; and you are to give in Charge, that the same be seized and prosecuted accordingly.
11. And in order to prevent the acceptance of forged Cocquets or Certificates which hath been practised to Our great Prejudice, you are to give effectual Orders, that for all such European Goods as by the said Act are to be shipp'd and laden in Great Britain Cocquets for the same from hence be produced to the Collectors or other Officers of Our Customs in Our aforesaid Province under your Government for the Time being, before the unlading thereof, and you shall give Order that no European Goods be landed but by Warrant from the said Collector in the Presence of an Officer appointed by him, and for the better prevention of Frauds of this Kind you shall take care, that according to the said Act of Trade, no Ship or Vessel shall be permitted to lade or unlade any Goods or Commodities whatsoever, until the Master or Commander thereof shall first have made known to you, or such Officer, or other Person as shall be thereunto authorized and appointed, the arrival of such Ship or Vessel, with her Name, and the Name and Surname of the Master, and hath shown, that she is a Ship duly navigated, and otherwise qualified according to Law, and hath deliver'd to you, or such other Person, as aforesaid, a true, and perfect Inventory of her lading, together with the Place or Places, in which the said Goods were laden, and taken into the said Ship or Vessel, under forfeiture of such Ships and Goods.
12. You shall not make or allow of any laws, Bye Laws, Usages or Customs in Our said Province under your Government, which are repugnant to the Laws herein before mentioned, or any of them or to any other Law already made or hereafter to be made in this Kingdom, so far as such Laws relate to, and mention the said Plantations, but you shall declare all such Laws, Bye Laws, Usages, or Customs in Our said Province under Your Government, which are any wise repugnant to the said Laws, or any of them, to be illegal, null and void, to all intents and Purposes whatsoever
13. You shall be aiding and assisting to the Collector and other Officers, of Our Admiralty, and Customs appointed, or that shall hereafter be appointed by the Commissioners of Our Customs in this Kingdom, by and under the Authority and Direction of the Commissioners of Our Treasury, or Our High Treasurer of Great Britain for the time being, or by Our High Admiral or Commissrs for executing the Office of High Admiral of Great Britain for the Time being, in putting in execution the several Acts of Parliament before mentioned; and you shall cause due Prosecution of all such Persons, as shall any ways hinder or resist any of the said Officers of Our Admiralty or Customs in the performance of their duty. It is likewise our Will and Pleasure, and you are hereby required by the first Opportunity to move the Legislative Council of Our said Province that they provide for the expence of making Copies for the principal Officers of Our Customs, in Our said Province for the time being, of all Acts and Papers, which bear any relation to the Duty of their Office; and in the mean time you are to give Orders, that the said Officers for the time being as aforesaid, be allowed a free inspection in the publick Offices within Your Government of all such Acts and Papers without paying any Fee or Reward for the same.
14. Whereas the Commissioners appointed for collecting the Six Pence per Month from Seamen's Wages for Our Royal Hospital at Greenwich, pursuant to an Act of Parliament passed in the second year of His late Majesty's Reign, intituled "An Act for the more effectual collecting in Great Britain and Ireland, and other parts of His Majesty's Dominions the duties granted for the Support of the Royal Hospital at Greenwich," have given Instructions to their receivers in foreign Ports for their Government therein. It is therefore Our Will and Pleasure, that you be aiding and assisting to the said Receivers in your Government in the due execution of their Trusts.
15. And whereas by an Act passed in the Sixth year of His late Majesty's reign, intituled "An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America" and by another Act passed in the fourth year of Our Reign, intituled "An Act for granting certain duties in the British Colonies and Plantations in America &ca" Duties are laid on all Sugar Panales, and several other Species of Goods therein enumerated of the Produce & Manufacture of any of the Plantations, not in Our Dominion, which shall be imported into any Our Colonies or Plantations; notwithstanding which, we are informed, that great Quantities of foreign Sugar, Paneles, and other Goods mentioned in the aforesaid Acts, are clandestinely landed in Our Plantations without Payment of the said Duties. Our Will and Pleasure is, that you be aiding and assisting to the Collectors and other Officers of Our Customs, in Your Government, in collecting the said Duties, and seizing all such Goods, as shall be so clandestinely landed, or put on Shore without paymt of the Duties, and you shall cause due Prosecution of all such Sugar Paneles, and other Goods, as shall be seized for Non Payment of the Duties, as well as the Persons aiding or assisting in such unlawful Importations, or that shall hinder, resist, or molest the Officers in the due Execution of the said Laws, and you are to observe that Our share of all Penalties and Forfeitures, so recovered is pursuant to the said Act made in the fourth year of Our Reign to be paid into the hands of Our Collector of the Customs at the Port or Place, where the same shall be recovered for Our Use.
16. You shall take care that upon any Actions, Suits, and Informations that shall be brought, commenced or entered in Our said Province under your Government upon any Law or Statute concerning Our Duties, or Ships, or Goods, to be forfeited by reason of any unlawful Importations or Exportations there be not any Jury, but of such as are Natives of Great Britain, or Ireland, or are born in any of Our said Plantations.
17. You shall take care that all places of Trust in the Courts of Law, or in what relates to the Treasury of our said Province under your Government, be in the Hands of Our Native-born Subjects of Great Britain or Ireland or the Plantations.
18. And that there may be no Interruption or Delay in matters of Prosecution and Execution of Justice in Our Courts of Judicature within Our said Province under your Government by the death or removal of any of Our Officers employed therein until We can be advised thereof, and appoint others to succeed in their Places, you shall make choice of Persons of known Loyalty, Experience, Diligence, and Fidelity to be employed for the purposes aforesaid until you shall have Our Approbation of them or the Nomination of others from hence.
19. You shall from time to time correspond with the Commissioners of Our Customs in London for the Time being, and advise them of all Failures, Neglects, Frauds, and Misdemeanours of any of the Officers of Our Customs in Our said Province under your Governmt and shall also advise them, as occasion shall offer, of all occurrences necessary for their Information relating either to the aforesaid Laws of Trade and Navigation, or to Our Revenue of Customs and other Duties under their management, both in Great Britain and the Plantations.
20. If you shall discover, that any Persons or their Assigns claiming any Right or Propriety in any Island or Tract of Land in America, by Charter or by Letters Patent shall at any time hereafter, alien, sell or dispose of such Island, Tract of Land, or Propriety other than to Our natural born Subjects of Great Britain, without the Licence or Consent of Us, our Heirs, or Successors signified by Our or their Order in Council first had and obtained, You shall give Notice thereof to Us, and to Our Commissioners of Our Treasury or to Our High Treasurer of Great Britain for the Time being.
21. Whereas by the aforesaid Act for preventing Frauds, and regulating Abuses in the Plantation Trade, it is provided for the more effectual prevention of Frauds which may be used to elude the Intention of the said Act by colouring foreign Ships under British Names; That no Ship or Vessel shall be deemed or pass as a Ship of the Built of Great Britain or Ireland, Guernsey, Jersey, or any of Our Plantations in America, so as to be qualified to Trade to, from, or in any of Our said Plantations until the Person or Persons claiming Property in such Ship or Vessel shall register the same in manner thereby directed, You shall take care that no foreign Built Ships be permitted to pass as a Ship belonging to Our kingdom of Great Britain, or Ireland, until proof be made upon Oath of one or more of the owners of the said Ship before the Collector or Comptroller of Our Customs in such Port to which she belongs or upon like Proof before yourself, with the principal Officer of Our Revenue residing in Our aforesaid Province, under your Government, if such Ships shall belong to the said Province which Oath you, and the Officers of Our Customs respectively are authorized to administer in manner thereby directed, and being attested by you and them so administering the same, and registered in due form according to the specimen hereunto annexed, you shall not fail immediately to transmit a Duplicate thereof to the Commissioners of Our Customs in London in order to be entered in a general register to be there kept for that purpose with Penalty upon every Ship or Vessel trading to, from, or in any of Our said Plantation in America as aforesaid, and not having made Proof of her Built and Property, as by the afore-mentioned Act is directed, and shall be liable to such Prosecution and Forfeiture as any Foreign Ship (except Prize condemned in Our high Court of Admiralty) would for trading with our Plantations, by the said Law be liable unto, with this Proviso, that all such Ships as have been or shall be taken at Sea, by Letters of Marque or Reprizal and Condemnation thereof made in Our High Court of Admiralty as lawful Prize, shall be especially registered, mentioning the Capture and Condemnation instead of the Time and Place of Building, with Proof also upon Oath, that the entire Property is British before any such Prize be allowed the privilege of a British Built Ship according to the meaning of the said Act, And that no Ships Name registered be afterwards changed without registering such Ship de Novo, which by the said Act is required to be done upon any Transfer of Property to another Port, and delivering up the former Certificate to be cancelled, under the same Penalties, and in like Method and in case of any Alteration of Property, in the same Port, by the Sale of one or more Shares in any Ship after registering thereof, such Sale shall always be acknowledged by Endorsement on the Certificate of Register before two Witnesses, in order to prove, that the entire property in such Ship remains to some of Our Subjects of Great Britain, if any Dispute shall arise concerning the same.
22. Whereas by the Act passed in the Twenty first year of His late Majesty's Reign for encouraging the making of Indigo in the British Plantations in America, as the same stands continued & amended by an Act passed in the third year of Our Reign, a premium of four pence p Pound is allowed on the Importation of Indigo of the Growth of the British Plantations; and there are likewise contained in the said Act several Provisions to prevent Frauds, by importing foreign Plantation-made Indigo, or any false Mixtures in what is made in the British Plantations, with a view to recover the said Premium; It is therefore Our Will & Pleasure, that if there now are, or hereafter shall be any Plantations of Indigo within Our said Province under your Government, you do take particular Care, that the said Provisions be duly and punctually complied with, and do likewise from time to time transmit to us, by One of Our Principal Secretaries of State, an Account of all such Plantations of Indigo, with the Names of the Planters, and the Quantity of Indigo they make, as also the Quantity of such Indigo exported from the said Province, distinguishing the time, when exported, and the Port where shipped, the Names of the Vessels, and the Port, to which bound; and if there be any foreign Indigo imported into the said Province, It is Our further Will & Pleasure, that you do in like manner transmit an Account of such foreign Indigo imported, distinguishing the time when, and the Place from whence imported, together with an Account of such foreign Indigo exported, and the Port where shipped, the Names of the Vessels, and the Port to which bound.
23. Whereas by the Act passed in the tenth year of the Reign of King William the Third, "to prevent the Exportation of Wool out of the Kingdom of Ireland, and England into foreign Parts, and for the Encouragement of the Woollen Manufactures in the Kingdom of England," It is amongst other Things, therein enacted, that no Wool, Woolfels, Shortlings, Mortlings, Wool-flocks, Worsted-Bays, or Kerseys, Says, Friezes, Druggets, Cloth Serges, Shalloons, or any other Drapery Stuffs, or Woollen Manufactures whatsoever made or mixed with Wool or Woolflocks, being of the Product or Manufacture of any of the British Plantations in America, shall be laden or laid on board in any Ship or Vessel in any Place or Port within any of the said British Plantations, upon any pretence whatsoever, as also that no such Wool, or other the said Commodities, being of the product or Manufacture of any of the said British Plantations, shall be loaden upon any Horse, Cart, or other Carriage, to the intent & purpose to be exported, transported, carried or conveyed out of the said British Plantations to any other of our Plantations, or to any other place whatsoever, upon the same & like Pains, Penalties & Forfeitures to, and upon all the Offender and Offenders therein, within all and every of Our said British Plantations respectively, as are provided and prescribed by the said Act for the like Offences committed within Our Kingdom of Ireland; You are to take effectual Care, that the true Intent & Meaning thereof, so far forth as it relates to you, be duly put in Execution.
24. In the Act made in the twenty fourth year of His late Majesty's Reign, "for the more effectually securing the Duties upon Tobacco," there is a Clause to prevent Frauds in the Importation of Bulk-Tobacco, enacting that no Tobacco shall be imported into this Kingdom, otherwise than in Cask, Chest, or Case, containing Four Hundred & fifty Pounds Weight of Tobacco each, under Penalty of the Forfeiture thereof; you shall take care, that this part of the said Act be made publick, that none may pretend Ignorance: and that the true Intent & Meaning thereof be duly put in execution within your Government.
25. And Whereas His Majesty King George the First was informed, that a Clandestine Trade had been carried on, as well by British as foreign Ships from Madagascar, and other Parts beyond the Cape of Bona Esperanza within the Limits of Trade granted to the united East India Company, directly to Our Plantations in America, to the great Detriment of these Realms, and in breach of the several Laws in force relating to Trade & Navigation, Our Will & Pleasure is, that you, the said Guy Carleton, or in your Absence the Commander in Chief of Our said Province of Quebec for the time being, duly observe and cause to be strictly observed the several Laws & Statutes now in force for the regulating of Trade and Navigation, particularly the several Acts of Parliament already mentioned in your general and these Instructions; and in order to the better Execution of the Laws & Statutes abovementioned, upon the first notice of the Arrival of any Ship or Ships within the Limits of any Port of, or belonging to your Government, which have or are suspected to have on board any Negroes, Goods, or Commodities of the Growth, Produce or Manufacture of the East Indies, Madagascar, or any Parts or Places beyond the Cape of Bona Esperanza, within the Limits of Trade granted to the United East India Company, pursuant to the aforementioned Act of the Ninth & Tenth of King William, you shall immediately cause the Officers of our Customs in your Government, and any other Officers or Persons in aid of them, to go on board such Ship or Ships, and to visit the same, and to examine the Masters or other Commanders, the Officers & Sailors, on board such Ship or Ships, and their Charter Parties, Invoices, Cocquets, and other Credentials, Testimonials, or Documents; and if they find, that such Ship or Ships came from the East Indies, Madagascar, or any other Parts or Places beyond the Cape of Bona Esperanza within the Limits of Trade granted to the said united East India Company; and that there are on board any such Goods, Commodities, or Negroes, as abovementioned, that they do give notice to the Master or other Person having then the Command of such Ship or Ships forthwith to depart out of the Limits of your Government, without giving them any Relief, Support, Aid or Assistance, altho' it should be pretended, that such Ship or Ships, were or the same really should be in Distress, Want, Disability, Danger of sinking, or for, or upon any other Reason or Pretence whatsoever, And that you Our Governor or Commander in Chief do by no means suffer any Goods, Merchandize, or Negroes from on board such Ship or Ships to be landed or brought on shore upon any Account or Excuse whatsoever; And it is Our further Will and Pleasure, that, if any such Ship or Ships, being foreign, having on board any such Goods, Merchandize, or Negroes, do not upon notice given to the Master or other Person having the Command thereof, as soon as conveniently may be, depart out of the Limits of your Government, and from the Coasts thereof, without Landing selling or Bartering any of the said Goods, or Negroes, you our Governor or the Commander in Chief for the time being, shall cause the said Ship or Ships, and Goods and Negroes to be seized and proceeded against according to Law; But if such Ship or Ships, having such Goods or Negroes on board, and entering into any Port or Place, or coming upon any of the Coasts or Shores of our said Province under your Government, do belong to Our Subjects, and do break Bulk, or sell, barter, exchange, or otherwise dispose of the said Goods, or Negroes, or any part thereof, contrary to Law; you are to take care, that such Ship or Ships, with the Guns, Tackle, Apparel and Furniture thereof, and all Goods and Merchandize laden thereupon, and the Proceeds and Effects of the same be immediately seized; and that the Laws in such case made and provided be kept in execution with the greatest Care, Diligence, and Application; But if any Ship belonging to the Subjects of any foreign State or Potentate, having on board any Negroes, or East India Commodities, shall be actually bound to some Place or Port in the West Indies belonging to any foreign Prince or State, from some European Port, and such Ship shall happen to be driven in by necessity, and be in real Distress, the same may be supplied with what is absolutely necessary for her Relief; but you shall not take, have, or receive, nor permit or suffer any Person to take, have or receive, any Negroes, or other the said East India Commodities, in payment or satisfaction for such Relief; that if any Officer of our Customs, or other Officer employed by you our Governor or Commander in Chief in visiting, searching, or seizing such Ship or Ships, Goods, Merchandize, or Negroes, be corrupt, negligent or remiss in the discharge of his Duty therein, We do hereby require you to suspend him from the execution of his said Office; and that you do by the first Opportunity send an Account of such Officer's Behaviour to Us by one of Our Principal Secretaries of State, that care may be taken, that such Officer be removed from his Employment, and further punished according to his Demerit, — And Our further Will and Pleasure is, that you Our Governor or Commander in Chief, do constantly from time to time, and by the first Opportunity that shall offer, send us by one of Our Principal Secretaries of State, true, full, and exact Accounts of your Proceedings, and of all other Transactions & Occurrences in, or about the Premisses, or any of them.
26. And Whereas, notwithstanding the many good Laws made from time to time, for the preventing of Frauds in the Plantation Trade, it is manifest, that very great Abuses have been and continue still to be practised to the prejudice of the same, which Abuses must needs arise either from the Insolvency of Persons, who are accepted for Security, or from the Remissness or Connivance of such, as have been, or are Governors in the several Plantations, who ought to take care, that those persons, who give Bond, should be duly prosecuted in case of non-performance; You are to take notice, that we take the Good of Our Plantations and the Improvement of the Trade thereof, by a strict and punctual Observance of the several Laws in force concerning the same, to be of so great Importance to the Benefit of this Kingdom, and to the Advancing the Duty of Our Customs here, that, if We shall hereafter be informed, that at any time there shall be any failure in the due Observance of those Laws, and of these present Instructions, by any wilful fault or neglect on your part, We shall esteem such Neglect to be a Breach of the aforesaid Law; And it is our fixed and determined Will & Pleasure, that you or the Commander in Chief respectively be for such Offence, not only immediately removed from your Employments, and be liable to the fine of one Thousand Pounds, as likewise suffer such other Fines, Forfeitures, Pains & Penalties, as are inflicted by the several Laws now in force relating thereunto; but shall also receive the most rigorous Marks of Our highest Displeasure, and be prosecuted with the utmost Severity of the Law for your Offence against Us in a Matter of this consequence, that We now so particularly charge you with.
G: R.
Quebec. A List of Ships & Vessels, which have entered inwards in the Port ofin the Province of Quebec between theday ofand theday offollowing, being the Quarter ended atwith the particular Quantity & Quality of the Loading of each Vessel.
Key: A Time of Entry; B Ship's Name; C Master's Name; D Built; E Number of; F Tons; G Guns; H Men; I Where & when built; J Where & when registered; K Owner's Names; L General Cargoe; M From whence; N Where & when bond given; O N.B. — The particular Quantity & Quality of the Loading must be mentioned under these Columns.
| A | B | C | D | E | I | J | K | L | M | N | ||||||||
| F | G | H | ||||||||||||||||
| O | ||||||||||||||||||
In the Register of Prize Ships the Capture & Condemnation must be also specially mentioned, instead of the time & place of Building; List of all Ships trading to, or from the Plantations, or from one Plantation to another, to be prepared Quarterly by the Collector of Customs, and the Naval Officers in the respective Plantations, in order to be transmitted by you to the Lord High Treasurer, or Lords Commissioners of the Treasury for the time being, to the Lords Commissioners for Trade and Plantations, and to the Commissioners of His Majesty's Customs at London by the first Opportunity of Shipping Each Quarter.
Quebec. A List of Ships and Vessels, which have cleared outwards at the Port ofin the Province of Quebec between theDay ofand theday offollowing, being the Quarter ended atwith the particular Quantity & Quality of the Loading of each Vessel.
Key: A Time of Clearing; B Ship's Name; C Master's Name; D Built; E Number of; F Tons; G Guns; H Men; I Where & when built; J Where & when registered; K Owner's Names; L General Cargoe; M Whither bound; N Where & when bond given; O N.B. — The particular Quantity & Quality of the Loading must be mentioned under these Columns.
| A | B | C | D | E | I | J | K | L | M | N | ||||||||
| F | G | H | ||||||||||||||||
| O | ||||||||||||||||||
Endorsed: Guy Carleton Esqr Governor of Quebec
Trade Instructions
Dated 3d Jany 1775.
| [26] | Canadian Archives, M 230, p. 177. These Instructions were furnished to all the Colonial Governors and contain a summary of the famous Navigation Acts, which express the essence of the whole Colonial System of the time, and show how limited, in point of law at least, was the outlet for the colonies even in regard to intercolonial, not to mention foreign intercourse. |
| [c] | This addition to the 3d Article found in the Trade Instructions to Carleton, 1768. Privy Council Office Plantation Book, 1767-1771. |
[L.S.]
George R.
Additional Instructions to Our Trusty & welbeloved Guy Carleton Esqr Our Captain General & Governor in Chief in C.O. (Quebec 1768-1787 Vol. I.) & over Our Province of Quebec in America, & of all Our Territories dependent thereupon; Or to the Commander in Chief of Our said Province for the time being. Given at Our Court at St James's the thirteenth day of March 1775. In the fifteenth year of Our Reign.
Whereas We did by Our general Instructions to you, bearing date at Our Palace of St James's theday of Declare Our Royal Will & Pleasure that sundry Salaries & Allowances therein mentioned, should be discharged & paid out of any Revenue arising to Us within Our said Province of Quebec, or out of such other Monies as should be granted or appropriated to the Use & Service of Our said Province; the said Salaries & Allowances to commence on, & to be payable from & after the first day of May 1775. It is Our further Will & Pleasure, that over and above the several Salaries and Allowances in the said Instructions mentioned & set down — You do pay, or cause to be paid annually out of the said Revenue or Monies granted or appropriated as aforesaid, unto Our Trusty & welbeloved Edward Bishopp Esqr or to his lawful Attorney, for & during Our Will & Pleasure, the further Sum of One Hundred Eighty two Pounds ten Shills the said annual Payment or Allowance to commence on the first day of May next ensuing the date hereof.
G: R.
