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March
30, 1775
An
act to restrain the trade and commerce of the provinces of
Massachusetts's Bay and New Hampshire, and colonies of Connecticut and
Rhode Island, and Providence Plantation, in North America, to Great
Britain, Ireland, and the British islands in the West Indies; and to
prohibit such provinces and colonies from carrying on .any fishery on
the banks of Newfoundland, or other places therein mentioned, under
certain conditions and limitations.
[The section begins with a statement of the purport of certain of the
acts of trade, and continues:] and whereas, during the continuance of
the combinations and disorders, which at this time prevail within
the'provinces of Massachusetts's Bay and New Hampshire, and the
colonies of Connecticut and Rhode Island, to the obstruction of the
commerce of these kingdoms, and other his Majesty's dominions, and in
breach and violation of the laws of this realm, it is highly unfit
that the inhabitants of the said provinces and colonies should enjoy
the same privileges of trade, and the same benefits and advantages to
which his Majesty's faithful and obedient subjects are intitled; be it
therefore enacted .... That from and after . . . [July I, I775,] . . .
and during the continuance of this act, no goods, wares, or
merchandises, which are particularly enumerated in, and by the said
act made in the twelfth year of king Charles the Second, or any other
act, being the growth, product, or manufacture of the provinces of
Massachusetts's Bay, or New Hampshire, or colonies of Connecticut,
Rhode Island, or Providence Plantation, in North America, or any or
either of them, are to be brought to some other British colony, or to
Great Britain; or any such enumerated goods, wares. or merchandise,
which shall at any time or times have been imported or brought into
the said provinces or colonies, or any or either of them, shall be
shipped, carried, conveyed, or transported, from any of the said
provinces or colonies respectively, to any land, island, territory,
dominion, port, or place whatsoever, other than to Great Britain, or
some of the British islands in the West Indies, to be laid on shore
there; and that no other goods, wares, or merchandises whatsoever, of
the growth, product, or manufacture of the provinces or colonies
herein-before mentioned, or which shall at any time or times have been
imported or brought into the same, shall, from and after the said
first day of July, and during the continuance of this act, be shipped,
carried, conveyed, or transported, from any of the said provinces or
colonies respectively. to any other land, island, territory, dominion,
port, or place whatsoever, except to the kingdoms of Great Britain or
Ireland, or to some of the British islands in the West Indies, to be
laid on shore there; any law, custom, or usage, to the contrary
notwithstanding.
* * * * * * * *
IV. And it is hereby further enacted . . ., That from and after . . .
[September I, 1775] . . . and during the continuance of this act, no
sort of wines, salt, or any goods or commodities whatsoever, (except
horses, victual, and linen cloth, the produce and manufacture of
Ireland, imported directly from thence), shall be imported into any of
the said colonies or provinces hereinbefore respectively mentioned,
upon any pretense whatsoever, unless such goods shall be bona fide and
without fraud laden and shipped in Great Britain, and carried directly
from thence, upon forfeiture thereof, and of the ship or vessel on
board which such goods shall be laden . . .
* * * * * * * *
VI. [Goods from the British West Indies may continue to be imported. ]
VII. And it is hereby further enacted . . ., That if any ship or
vessel, being the property of the subjects of Great Britain, not
belonging to and fitted out from Great Britain or Ireland, or the
islands of Guernsey, Jersey, Sark, Alderney, or Man, shall be found,
after . . . [July 20, I775,] . . . carrying on any fishery, of what
nature or kind soever, upon the banks of Newfoundland, the coast of
Labrador, or within the river or gulf of Saint Lawrence, or upon the
coast of Cape Breton, or Nova Scotia, or any other part of the coast
of North America, or having on board materials for carrying on any
such fishery, every such ship or vessel, with her guns, ammunition,
tackle, apparel, and furniture, together with the fish, if any shall
be found on board, shall be forfeited, unless the master, or other
person, having the charge of such ship Or vessel, do produce to the
commander of any of his Majesty's ships of war, stationed for the
protection and superintendence of the British fisheries in America, a
certificate, under the hand and seal of the governor or commander in
chief, of any of the colonies or plantations of Quebec, Newfoundland,
Saint John, Nova Scotia, New York, New Jersey, Pennsylvania, Maryland,
Virginia, North Carolina, South Carolina, Georgia, East Florida, West
Florida, Bahamas, and Bermudas, setting forth, that such ship or
vessel, expressing her name, and the name of her master, and
describing her built and burthen, hath fitted and cleared out, from
someone of the said colonies or plantations, in order to proceed upon
the said fishery, and that she actually and bona fide belongs to and
is the whole and entire property of his Majesty's subjects,
inhabitants of the said colony or plantation. . .
[Section
VIII subjects vessels engaged in the fisheries to search. Sections
IX., X., and XI. provide that this act shall not extend to ships
clearing from the colonies before June I, for the whale fishery only;
nor to ships belonging to the island of Nantucket, cleared for the
whale fishery, and having a proper certificate; nor to fishing vessels
fitted out by the towns of Marshfield and Scituate. By Sec. XII., the
St. Croix river is declared to be, for the purposes of this act, the
boundary between Massachusetts and Nova Scotia.]
XIII. And whereas it is the intent and meaning of the fact, that the
several prohibitions and restraints herein imposed upon the trade and
commerce, and fisheries, of the said provinces and colonies should be
discontinued and cease, so soon as the trade and commerce of his
Majesty's subjects may be carried on without interruption; be it
therefore enacted . . ., That whenever it shall be made appear to the
satisfaction of his Majesty's governor or commander in chief, and the
majority of the council, in the provinces of New Hampshire and
Massachusetts's Bay respectively, that peace and obedience to the laws
shall be so far restored within the said provinces, or either of them,
that the trade and commerce of his Majesty' subjects may be carried on
without interruption within the same; and that goods, wares, and
merchandise, have been freely imported into the said provinces, or
either of them, from Great Britain, and exposed to sale, without any
let, hindrance, or molestation, from or by reason of any unlawful
combinations to prevent or obstruct the same; and that goods, wares,
and merchandise, have in like manner been exported from the said
provinces, or either of them respectively, to Great Britain, for and
during the term of one calendar month preceeding; that then, and in
such case, it shall and may be lawful for the governor or commander in
chief, with the advice of the council of such provinces respectively,
by proclamation, under the seal of such respective province, to notify
the same to the several officers of the customs, and all others; and
after such proclamation, this act with respect to such province,
within which such proclamation or proclamations have been issued as
aforesaid, shall be discontinued and cease, (except as herein-after
provided) . .
[By Sections XIV. and XV., like proclamation may be made for
Connecticut and Rhode Island, on proof that lawful trade has been
resumed; but proceedings upon previous seizures are not to be thereby
discharged.] |