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395

v. Scott

Page

Page Ritchie o. Bousfield

299, 306
Snell v. Marryatt

389 Rolfe v. Peterson

324 Soldergreen v. Flight Randall o. Lynch 326, 437 Sneyds v. Hay

398 Rogers o. Forrester 335 Sargent v. Morris

399 Ritchie 0. Atkinson 341, 344, Sutton v. Mitchell

402 347, 430 Smith Smith v. Sheppard

512 Ruck v. Hatfield 377, 504

414 Rocher v. Busher

391
v. Horrie

417 Robinson v. Turpin 398 Skinner v. Stocks

455 Rohl v. Parr

414 Sheppard o. De Bernales id. Race Horse, White 430, 445 Stevenson v. Blacklock 476 Reid v. Hollingshead 477 Sharp v. Gladstone

493 Rex v. Kitts

389 Siffkin v. Wray 497, 500, 501 Richardson v. Goss 502, 518 Sweet v. Pym

500, 501, Robert Hale 542 Scott v. Pettit

502 Smith v. Goss

505 Shipley o. Davis

507 S.

Stovehold v. Hughes 510, 512, 519
Snee v. Prescot

513 Speldt . Lechmere

139, 168
Solomons v. Nissen

517 Sisters 153 Shubey v. Hayward

519 Stringer v. Murray 154, 166, 207 Sutton v. Buck

522 Sutton o. Buck 170 | Sarah

525 Sheriff o. Cadell

173 San Bernardo, Laretta 534 Stokes v. Carne 173, 227 Sansom, Stevens

519 Strelly o. Winsor 204 Sparkler

544 Smith o. De Silva

210 Sedgworth v. Overend

211 Speering v. Degrave

223

T. Samson v. Bragington

237 Sidney Cove 240, 292 Toulmin v. Anderson

99 Scarborough v. Lynes 257 Thompson u. Smith 159, 164, 175 Stilk o. Mayrick

269

v. Leake

163, 175 Sigard o. Roberts 288 Tinkler v. Walpole

170, 198 Smith o. Plummer ib. Trewhella v. Rowe

195 Surgeon, Sayer 289 Teed v. Baring

212 Slater v. Burgess

306 Tremenhere o. Tresilian 243, 247 Smith v. Readshaw

311 Thompson v. Havelock 269 Spildt o. Bowles 319, 453, 477

v. Rowcroft

280 Skinner v. Stokes 320 Thomson o. Collins

288 Scudamore o. Vandenstone id. Thornton v. Lance

316 Smith v. Dickinson 324 Thompson v. Wagner

332 Stone Ball 325 Thomson v. Inglis

342 Shadforth v. Higgin

343 Touteng v. Hubbard 347, 357, 419 Shubrick Salmond

345, 347
Toulmin v. Anderson

348 Storer v. Gordon

345, 346
Thomas v. Clarke

350, 481 Smith v. Wilson 346, 351, 437, Thomson v. Brown

352 448 Tait o. Levy

385 Sewell o. R. E. Company

348 Trent and Mersey Navigation Saville v. Campion 350, 467,

503
v. Wood

412 Shack o. Anthony 351, 438, 455, Thompson o. Whitmore 414 479 Tapley o. Martins

455, 460 Shields o. Davis

380, 432
Tate v. Meek

465 Shield v. Davis 480 Theresa, Bonita

480 Sanderson v. Busher 395' Taylor v. Curtis

490

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387,

Page

Page The Franklin 542 Wills v. Osman

290 Three Friends

ib. Wilson v. Foderingham 310 The Belle ib. Webb v. Thompson

ib. Two Friends

545 Wainhouse v. Cowie 311, 315
Wake v. Atty

311, 316
Williams 0. The East India
U
Company

316 Winter v. Trimmer

324

ib. Underwood v. Miller

Wilbeam v. Ashton

138, 175
v. Robertson 248
White v. Parkin

339, 455

Wilkinson v. Londonsack 348 Usher v. Lyon

297, 298 Union

544

Walley o. Montgomery 375, 498
Wright v. Campbell

378 Watson v. Clark

384 Watt v. Morris

ib. V. Wilkie v. Geddes

385 Wedderburn v. Bell

ib. Vanguard

270
Webster v. Secamp

390 Victorin v. Cleeve

312

Wilson v. Kymer 396, 460, 478 Veedon v. Wilmot

ib.
Wardell o. Mourellyan

397 Vertue o. Jewell

365
Wilson o. Dickson

404 Vrow Anna Catherina, Mahts 446

Werldsborgaren, Lagerholm 446 Vallejo v. Wheeler 461, 474

Ward v. Felton

457 Vrow Margaretha, Jacobs 522, 525

Walley o. Montgomery 478
Williams v. London Assurance
Company

492
W.
Wallace o. Breeds

507, 508 Withers v. Lys

508 Westerdell v. Dale 140, 195, 230 White 0. Wilks

511 Wilson v. Heather 159 Whitehouse v. Frost

ib. Woodward v. Larking 173 Wright o. Campbell

514 Woods v. Paton

183
v. James

518 Wright v. Hunter 208 William, Beckford

523, 525 Weal v. King 212 White, Ford

539 Webster v. Seekamp 223 Wanstead

513 Watkinson v. Barnardiston 231 Wilkins v. Carmichael

232 Wood v. Hamilton

ib.

Y. Watson v. Christie

260 White J. Wilson 269 Young v. Brander

173, 195 Wiggins v. Ingleton

272 Yates v. Hall Wells v. Osman

275 Youl V,
Harbottle

398 White v. Mattison

281 Yates v. Railston 465, 466 Wheeler v. Thomson

289
v. Meynell

467

223, 275

INTRODUCTION

TO THE

LAW OF SHIPPING AND NAVIGATION.

NAVIGATION LAWS.

IT

will, perhaps, be readily admitted that, with the single Introduction exception of the soil, ships are the noblest property which Shipping and any country can possess, being machines of national de- Navigation. fence as well as instruments of wealth to individuals. It is from these considerations that this species of property has always been taken under the special protection of the law; and adopted, not less as the means of naval power, than of commercial prosperity.

The comparative greatness of the British Empire is not, indeed, imputable to one cause only. A very considerable portion of it belongs to a system of religion which, on the one hand, is reformed from the superstitions of the Romish church ; whilst, on the other, it maintains all those essentials of doctrine which are adapted, beyond all others, to the happiness of individuals and nations. Another

portion belongs to our laws and constitution, in the liberty and protection of which every man finds equal encouragement in acquiring, as security in possessing. Another portion belongs likewise to our national habits and character ; and, perhaps, in no inconsiderable degree, to that hereditary opinion of superiority, with which the

B

Introduction to the Law of

meanest amongst us regards himself as a subject of the Shipping and British empire. But the combined effect of all these Navigation.

causes is completed and crowned by our system of commerce ; and more especially by those laws which regulate our trade and industry, with a view of rendering them concurrent instruments of our national power.

It is as unnecessary to remind the living advocates of this system, as it would have been presumptuous to have reminded the illustrious founders of it, that the first principle of commeree is a perfect freedom of trade ; that in almost all cases it should be left to make and find its own way; and that the best: boon which legislators can bestow upon it, is to leave it unrestrained. The framers of our Navigation System, and those who have so ably maintained their doctrines in the present day, have as large, and certainly as just a comprehension of the nature of commerce, as those who have risen up in opposition to their principles. But they thought, and if we may judge from the effect, they thought justly, that nations as well as individuals had other and greater interests thau mere present wealth ; that the first concerns of a great empire were its safety, its glory, and its national character; and that, in comparison with these pursuits, commercial wealth was a subordinate object; or, at least, that it derived its best value as means to those more important ends.

Under this consideration, they deemed it an enlarged prudence to tax our commerce for the sake of our public defence. They were aware that we might become richer under an unrestrained trade, than through a commerce however wisely regulated: but, as these regulations gave us a greater value in national defence than they subtracted from our immediate wealth, they conceived that they only sacrificed a less interest in pursuit of a greater. Hence our commerce has not been ignorantly yielded up to our navigation. Our Navigation System has not been adopted, as some have falsely asserted, as the means of advancing our commerce, but of maintaining and supplying the growth of our navy. And the effect has been what,

to the Law of

Navigation.

according to the experience of all nations, has always Introduction been the result of a large and generous prudence. Our Shipping and navy, which was at first supported at the expense of our trade, and, in fact, rose principally out of its restrictions, has now liberally paid back the aid which it borrowed : and by conquering so large a portion of the most fertile part of the globe into the sphere of our commerce, and by holding together the numerous members and remote dependencies of the British empire, has given us a market which mere commerce of itself could never have acquired. In this manner have our commercial greatness, and our naval power, become intermixed as reciprocal means and ends. Without our navy, in the present state of the world, and amidst the jealousy of so many rival nations, it would be absurd to indulge a momentary expectation that our commerce could either attain the eminence it possesses, or could long support itself in that superiority. And, without the sources of our commercial wealth, it would be manifestly impossible that the country could support the concurrent burthen of a great military and naval establishment. So impolitic must be every attempt to sever those interests, and so unwise every view which regards them as independent and adverse ; because each is in a degree supported by a contribution from the other.

Whatever limits a large expatiating principle is necessarily a subtraction from its immediate beneficial operation. But such principle is only adverse where it takes more than it gives; where it imposes restrictions without any return of a greater, or at least equal good. But this is not the relation of our commerce and Navigation System. What it takes in restriction, it gives back in protection. What it takes in increased freight, (if, indeed, the effect of our Navigation Law does increase our freight,) it repays by enlarging the sphere of the supply of raw materials, and the market for manufactured: goods; by opening India, China and America to .ouri shipping, and by maintaining and superintending the

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