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Subject Area: Political Theory

GALLATIN TO HENRY CLAY. - Albert Gallatin, The Writings of Albert Gallatin, vol. 2 [1879]

Edition used:

The Writings of Albert Gallatin, ed. Henry Adams (Philadelphia: J.B. Lippincott, 1879). 3 vols.

Part of: The Writings of Albert Gallatin, 3 vols.

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GALLATIN TO HENRY CLAY.

No. 21.

Sir,

I have received an informal explanation of the inquiry I had made respecting the Acts of Parliament affecting the colonial intercourse.

The statement made in my despatch of the 27th ult.1 is correct as relates to the facts. But it is asserted that although the Act of 6 Geo. IV., ch. 105, repeals, from the 8th July, 1826, amongst many other Acts, that of 3 Geo. IV., ch. 44, and although the Navigation Act of 6 Geo. IV., ch. 109, does not repeal any Act totidem verbis, yet, being declared to be the navigation law of the British Empire from the 5th January, 1826, it virtually repeals every Act concerning navigation the provisions of which are not contained in it, and therefore that the limitation of the Act 3 Geo. IV., ch. 44, or any other which prevented foreign vessels from exporting to any country produce from the British West Indies, was thus virtually repealed from the 5th January, 1826. How far this position agrees with the acknowledged rules for construing statutes I am not qualified to say, and is not very important.

I have the honor, &c.

[1 ]See State Papers (Foreign Relations), vol. vi. p. 294.