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THE LIBRARY 
 
 THE UNIVERSITY OF 
 BRITISH COLUMBIA 
 
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 ORDERS IN COUNCIL, 
 
 OR AN 
 
 EXAMINATION 
 
 * OP THE 
 
 JUSTICE, LEGALITY, AND POLICY 
 
 A- 
 
 'I ' 
 
 OP THE 
 
 NEfF SYSTEM 
 
 OP 
 
 COMMERCIAL REGULATIONS, 
 
 "WHTH AW 
 
 TLvptntijc 
 
 OF 
 
 State Papers, Statutes/ and Authoritm, 
 
 t 
 
 LONDON: , 
 
 CllINTGD rOE L»NGMAN, HURST, HERS, AND ORMF., 
 ]>ATERN05TEIl ROW, 
 
 AMD J. RIDGWAT, PICCADILLY. 
 
 1808. . • 
 
 Price Four Shillings. 
 
 / 
 
Examination 
 
 OF THl 
 
 ORDERS IN COUNCIL. 
 
 T may be premised, that the enemy, and 
 those powers under his control, or who take 
 his part, have no right to interfere in this dis- 
 cussion. This title is confined exclusively to 
 two parties — the neutrals, and the people of 
 these realms. The former have a right to de- 
 mand whether our late proceedings are justified 
 by the law of nations ; the latter are entitled 
 to ask if those proceedings are consistent with 
 the municipal law of England. They have a 
 further right to demand if they shall be in- 
 jured or benefited by this new system. These 
 tiirec questions it is proposed to exumiiie in 
 their order. 
 
'Tfr^- 
 
 ''StU^.'- 
 
 I. Are the late Orders consistent with tlic 
 law of nations ? 
 
 As no man can pretend lliat England has 
 a right to seize neutral sliips, unless they are 
 found carr}ing contraband of war, or at- 
 tempting to violate an actual blockade, tiie 
 defenders of the Orders have the burden of 
 the proof; and they must shew that there 
 was a just cause, for attacking in this man- 
 tier the undoubted rights of neutral nations. 
 The only cause which can be assigned, is that 
 France had previously done the same, and that 
 neutrals acquiesced initj therefore we are justi- 
 fie<:l in retaliatingupon France. This is however 
 quite inconsistent with fact. France, by a 
 decree, Nov. Si, 1806, declared generally, 
 •' that the British i^sles are in a state of 
 blockade ;" with several particular clauses, 
 explaining what sort of blockade this was 
 to be *. The seventh clause alone prohibits 
 jntercourse betvvccn England and neutrals; 
 and that, only by ordering that no vessel 
 from an English j)ort, shall enter a French 
 port. It does not even declare such vessel, 
 iff actually within a French port, io be scize- 
 able. General Armstrong, the American mi- 
 nister at Pans, demanded, if the decree sub- 
 jected to capture, neutral vessels found at 
 
 * See At>i)ciidix. 
 
s 
 
 is^^j on their voyage to, or from England ? 
 Ill short, he asked whether the term biock- 
 
 i€uk, in the first article of the decree, was 
 
 iiised in its ordinary sense? The answer of 
 M. D6cr^s, the minister of marine, (dated 
 
 -Dec. 24.) was, that the decree did ^lot subject 
 such ships to seizure "; and that nothing in 
 
 -the decree was intended to infringe on the 
 rights of neutrals, as either established by 
 
 ;treatics, oi* by the common law of nations *. 
 In other words, the decree, as so explained, 
 
 .only prohibited neutral vesseis from entering 
 a French port after having cleared out. at au 
 English one. This prohibition is strictly 
 
 consistent with the law of nations. It is in- 
 finitely more so than our rule of the war 1756 ; 
 it is exactly in the nature of our Navigation 
 
 .Act. The explanation was acted upon at; 
 least down to last September, when an Aineri- 
 can vess.^l being captured, was released i>y ;..' 
 i^rench courts i-n virtue c*" it. Some peisons 
 
 'deny that it ever was departed from; but all 
 are agreed, tliat time was not given for 
 America to acquiesce or resist. In Octo- 
 hetf say some people, France condemned 
 
 •Americans taken in the voyage to and from 
 England. If so, the same persons adn/it that 
 America would proJ)ably have resented ihis 
 
 • See Appendix, 
 
fifrench of the law of nations. At any rate, long 
 before it could be known that the intelligence 
 of this illegal proceeding had been received in 
 America, our orders are issued* Now upon 
 America, we had no right to retaliate, until 
 she should fully acquiesce in the new and 
 confessedly illegal conduct of France. 
 
 Indeed it cannot be pretended that the or- 
 ders were issued in consequerrce of the French 
 Government, acting upon a new construction 
 of their decree ; for it is perfectly well known 
 that the report of this change of conduct had 
 not reached England on the eieventk of No- 
 *vember, nor until some days after the orders 
 were published ; and we are greatly misin- 
 formed if any of the King's Ministers, in con- 
 ferences with the mercantile bodies who 
 addressed them on the subject, ever hinted at 
 the report alluded to, or cited, in justification 
 of their measures, any thing further than the 
 words of the original decree, as explained by 
 themselves. They knew of no variation, or 
 alleged variation, in the conduct of the enemy 
 with respect to that decree, until after the or- 
 ders were passed and promulgated. Far, 
 therefore, from giving i\\Q iieutrals time to ac- 
 quiesce or resist, our government proceeded 
 to retaliate before they themselves knew that 
 
t^e enemy had in the smallest degree deviated 
 from the strict law of nations. 
 
 But admitting that America should, (con- 
 trary to all probability ) have acquiesced in the 
 decree of November 2l, 1806 :— The French 
 blockade consisted of two par<s, according to 
 the explanation of it, for which the defenders 
 of our orders contend, — a seizure of neutrals 
 entering French ports, after clearing out from 
 F.ngjlish ports, — and a seizure of neutrals on 
 the voyage to or from England. The former 
 part France could execute ; but she had a per-- 
 feet right to do so by the law of nations. The 
 latter part she could not enforce, in any but 
 the most trifling degree; and, though illegal, 
 i^. was sure to become nugatory. Therefore^ 
 even if America had acquiesced in it, she would 
 only have received an insult, which could injure 
 herself but little, and England not at all. We 
 have no right whatever to retaliate upon a 
 neutral for sufifering h»mself to be affronted, or 
 for putting up with even an iiijiiry, Aioless 
 that injury either benefits our enemy or hurts 
 ourselves. This is involved in the very mean- 
 ing of the neutral and belligerent relations. 
 
 Further, our own rule of the war 17.56, 
 justifies the greater part of the French deereo, 
 udmitting the explanation contended fyr. Tbd 
 
i 
 
 li I- 
 
 i 
 
 trade which Americans ( for example, ) carry on 
 between almost all the belligerent countries and 
 England is, during'peace, illegal. By the naviga- 
 tion act, they may export English goods to those 
 countries ; but they cannot import their goods 
 from thence. At the commencement ol' the 
 war an act is passed authorizing the King to 
 suspend this part of the navigation law, (43. 
 Geo. III. c. 153.) Therefore, according to 
 the rule 1756, this trade of the Americans 
 may be stopped by France without any ille- 
 gality, and should the Americans yield, still 
 we have no right to complain. 
 
 If we had any title to retaliate in the man- 
 ner contended for, it could only be founded 
 upon the right of annoying our enemy, or pre- 
 venting the neutrals from assisting him. There- 
 fore, it is utterly repugnant to the law of nations, 
 to prevent the neutrals from trading directly 
 with Trance, and then to allow them to trade 
 from this country to France. We may blockade 
 France if she has blockaded us, and neutrals 
 liave acquiesced; but we cannot force the Ame- 
 ricans to trade with France through this coun- 
 try, merely because they have ceased to trade 
 with this country at the requisition of France. 
 The utmost we can demand is that they should 
 suffer as much from us, as they bear fvoni Qur 
 
enemies, and in the same way. We may re- 
 taliate blockade for blockade, but not mono- 
 poly for blockade, or tribute and perquisite 
 for blockade. This would be exacting not a 
 " tooth for a tooth," but "an eye for a topth,^* 
 Still more unjustifiable by the law of nations, 
 are ou^ detailed arrangements, especially those 
 respecting licences, and the g,aii;is arising fromj 
 and the undue preferences involved in them. 
 
 The third order in Council, (Npy. 11^) de-* 
 clares the sale of an enemy's ships to a neutral^, 
 to be illegal. The reasons assigned are, tha| 
 France considers such a compact as illegal^ 
 and that she has covered her vessels by tr;insfer- 
 ences of this kind. It is evident that the latter 
 of these is the only reason for our order, and it 
 must be remarked that this is a practice adopte4 
 by England as far back as the beginning of 
 last war. — The stat. 34 Geo. Ill c. 68. s. 22. 
 enacts that British registered ships sold to fo- 
 reigners, shall retain the privileges of British 
 ships, (i. e. the monopoly established by fhe 
 navigation law) provided they are registered 
 anew within a certain time, and lays down a 
 variety of rules whereby this transaction may 
 conveniently be carried on. 
 
 The illegality of the last article of the first 
 order, declaring all neutrals good prize ^yhicli 
 
•1 '{ 
 
 
 carry Certificates of origin, is manifest. — The 
 neutrals continue trading in our goods with 
 some of their ships; and avoid seizure by 
 France as w^ll as they can, admitting that she 
 enforces an illegal regulation ; but such ships 
 as they fit out without any British goods on 
 board, are surely entitled to carry a certificate 
 of this fact, if they and their government 
 please. Because France takes, or rather idly 
 threatens to take, the ships laden with our 
 goods, shall we be acting in retaliation by 
 taking the ships that are laden with other 
 goods, and endeavour in their papers to sub- 
 stantiate this truth? It would be retaliation, 
 to take ships laden with French goods, and to 
 require that al Ineutrals should carry Certificates 
 of their cargoes not being so composed. It 
 is no retaliation to take ships laden with neu- 
 tral goods, or with British goods, because they 
 yield to the French regulation, and carry Cer- 
 tificates, unles.:, indeed, the J'alsehood o{ ^\\c\\ 
 certificates in the latter case may furnish any 
 argument, which it can only do to the enemy,' 
 not to us. In a word, if we have any right to 
 retaliate on America for acquiescing in the 
 French measures, we must (;onfine our refa- 
 Jiation to precisely similar measures. We can 
 
t 
 
 only ask the neutral to bear from us what h^ 
 has borne from our enemy. 
 
 The Order in Council, January 7, 1807, is 
 Justified by the rule of the war 1756, of 
 which it is scarcely an extension. 
 
 The countries under the enemy's dominion, 
 or in alliance with him, are there considered 
 as enemy's territory ; and the trade from on^ 
 port to another of those different countries, as 
 a coasting trade. The principle of the rule 
 J 756 is, that you have a right to prevent a 
 neutral from interfering '■ ith your just hosti- 
 lity, and stepping in between your naval force 
 and your enemy's trade, for the purpose of 
 screening it. The neutral screens most efTcc- 
 tually the trade carried on between Holland 
 and France, for example, if he engages his 
 shipping in it, at a time when not a bellige- 
 rent vessel can show itself upon the sea be- 
 tween those two countries. There may not 
 have been any express law in either state dur- 
 ing peace, to prevent third pnrties from carrying 
 on this commerce; but in point of fact, it must 
 always have happened, that by far the greater 
 part of the trafiic between nations so circum- 
 fctanj'od, was carried on by their own vessels an- 
 tecedent to the war ; and the spirit of the rule 
 |7jG, b to prevent the enemy from bcndiiing by 
 
4'j 
 
 a great andsudrlcn change of system, which shall 
 throw his commerce, while the war lasts, under 
 the cover of the neutral flag. It may, however, 
 be remarked, that the rule applies to almost all 
 maritime states, still more closely. There ar^ 
 very few if any commercial countries in Europe, 
 which have not adopted the principles of th« 
 English navigation law, and excluded as much 
 as possible, from their carrying trade, the ves- 
 •els of all foreign nations. We do not by any 
 means contend for the rule 1756 ; but if that 
 rule is to be laid down at all, it clearly jus- 
 tifies the Order January 7th, 1807. 
 
 On theprincipleof retaliation, indeed, recited 
 in the preamble, it cannot be justified with re- 
 spect to America; for it was issued before her ac- 
 quiescence in the French decree could be known. 
 But as the English government had a right ante- 
 cedently to tiiat decree, to issue this order, the 
 intention of retaliating is only stated as the mo- 
 tive which induced the government ♦o exercise 
 a just right, formerly abstained from. Eet 
 it be observed too, that the nations under 
 the 'nfhience of France, to whom the or- 
 der applies, had in some sort identified them- 
 selves with her, by closely following lier com- 
 mands in all things — nay, suH'ering i cr cou- 
 ©(Hufly to interfere with their uuiniu|)al U\\% 
 
n 
 
 respecting trade. A French proclamation was 
 good law to plead in Hamburgh and Holland, 
 Italy and Spain. Those countries immediately 
 adopted the decree of November 91 as their 
 own; they were, in truth, excepting Spain, all 
 filled with French troops, and in the habitual 
 practice of receiving orders from Paris, through 
 from a French commander or ambassador, as 
 the provinces of Great Britain do from the 
 scat of government *. 
 
 It is not foreign to the purpose to add, that 
 the principle of considering all ports under the 
 enemy's power, as ports of the same country, 
 has a precedent in the stat. 22, Geo. III. c. 78, 
 which considers all the countries under the 
 same sovereign, as the same country quoad tlie 
 regulations of the Navigation Act. 
 
 IT. Are the late orders in council consist- 
 ent with the inunicij)al law, anil cunstitutioi) 
 of tlic rcuhn? 
 
 It is an undoubted maxim of our consti" 
 tution, that the trallic of the sul)jcct cannot 
 bercstiaiucd by art of j)arliamcnt. Accord- 
 ing to Lord Coke, freedom of trade is tlic 
 biitii-rigbt of Kughshtucn. And it is evlck'nt, 
 from our best authorities, tliat the right of 
 inttrfciiu^' with couiuicrcc, souiciimc!* excr* 
 
 * bye Aj'jH'iHli.N, 
 

 tit 
 
 clsed, and in bad times pretty generally claim- 
 ed by the crown, is now utterly obsolete, and 
 contrary to the modern form of the consti- 
 tution. 
 
 The writ 7ie e.veaf regmim, was expressly 
 described by Lord Chancellor Talbot in 1734, 
 as obsolete, at least in its original acceptation 
 of a state writ (3. P. Williams 312). The 
 6 Ric. II. C. 2. prohibiting all but the gran- 
 dees of the reahn, soldiers and jnercliants, from 
 going abroad without licence, was repealed by 
 4Jac. I. c. 1. If the former statute was not 
 quite useless, the latter must have taken away 
 a prerogative then first granted the crown, 
 and whicli at any rate never extended to 
 merchants. Moreover tlie writ iic exeat rcgf 
 Jium, was applied specifically to an indivi.. 
 dual, and was not in the nature of a pro- 
 clau)ation or edict, a(ldresse<l to the whole or 
 a class of tiic community. Lord C J. Hale 
 ( I)c portihus maris, P. II. c 8.) la3S it down 
 that all orders of this sort, if issued by the 
 crown, nnjst he in times of extraordinary 
 danger, and pro hac vice. By mag'mi charla, 
 cap. 30, no merchants, whether natives or 
 foreigners, can be restrained from entering 
 OX leaving the realm, '' nisi publicc .un/cu prq-, 
 
I 
 
 ii 
 
 to 
 
 hibiti,'' and Coke interprets puhlk^: to mean 
 bi/ statute, (ii Inst. 57.) 
 
 Iksides the SOtli chapter of magna charta, 
 various statutes have been passed at different 
 times in favour of merchant-strar?gers, and 
 securing tlieir privileges, as well as those of 
 Encvjish merchants. Bv 27 Ed. III. Stat. 2. 
 c. 2. and 27^^/. ///. c. 2. (statute of the staple) 
 all merchants, except enemies, may come 
 safely into England with their goods and 
 merchandise, and dwell there and return 
 thence. By 5 Ric. IF. stat. 2. c. 1. merchant^ 
 strangers are allowed to enter and dej)art; 
 from the realm at pleasure, and during their 
 istay are to be friendly entertained ; and by 
 i Hen. IV. c. 7. alien-merchants are put on 
 the same footing here, with denizens in fo- 
 reign kingdoms. , 
 
 Various penalties have been attached to the 
 offences of disturbing merchant-sti angers 
 residing in tlic realm, by 'J Ed. III. I. 2 Uic. 
 IF. c.l. II Ric. II. c. 7. 2.5 Ed. HI. c. 1. and 
 many others. By the first mentioned statute, 
 if the magistrates of a borougli refuse to give 
 the foreign trader redress when demanded, 
 the franchise of the place is forfeited to the 
 King. Even alien enemies resident as mer- 
 t bants, are favourably treated by our older 
 

 I I 
 
 14 
 
 law. i3v Mii'maCharia, c. SO, tljev arc to he sJ*i 
 cured ill a kiiullv manner until it be seen ho\v 
 their sovereign treats the King's subjects re- 
 siding in his dominions ; and by 27 ¥a\. III. 
 sr. 2. c. 17. they iire allowed forty days or 
 longer after the breaking out of a war, to 
 settle their affairs and depart. 
 
 "I'he crown has frequently attempted to 
 prevent, or otherwise regulate importation, 
 by its own authority ; but Hale observes that 
 such proclamations were never effectual, and 
 tit an V rate could lead tone forfeitures (De 
 ForL Mar. pt. II. c. 8 and 9) The authority 
 of Lord Coke is equally direct on this point, 
 •and not surely the less strong for the case 
 which he cites in illustrating his opinion. Let- 
 ters patent had been granted bythe crown ia 
 the reign of Philip and Mary, prohibiting 
 tlie impoi tation of certain wines h\) fortign 
 fnL'rcJiu}ils, into any Englisli port excipt 
 that of S<)uthanij)ton. This prohibition bc- 
 ino; broken throuoh bv sonic forciu'iiers, the 
 
 O Oft.' O ' 
 
 Attorney General proceeded against them in 
 the Exi'hetpier by infcu'mation ; and the case 
 being argued in the Eschequer-chaniber, all 
 the judges gave an unanimous judgment for 
 the defendants, their opinion being clear 
 *' that the graunt made in restraint of landing 
 •the baid wines U a icsliaint of the liberties 
 
ism 
 
 of tiie subject, and against the laws anci stcl- 
 tiitt* of this realme." (I Inst. 61.) M'ill 
 it be prelencled in tlie reign of Geo. III. 
 that tlie crown can prescribe what merchant 
 strangers are to do in this reahn, when the 
 Judges of Philip and Mary, all in one voice^ 
 declared that it could not lawfully prevent 
 them from coming here, or oblige them to 
 trade in one port rather than in another ? 
 Will it be maintained, that because the 
 crown may declare war against a foreign 
 prince, and make his subjects alien-enemies, 
 therefore it may, without declaring war, im- 
 pose restraints upon their conduct within the 
 realm, M'hcn we see that it has no power 
 whatever of preventing those subjects from 
 trading in all parts of the realm, so long a* 
 peace subsists with their sovereign ? 
 
 Prohibitions of exportation have also been 
 often attempted by proclamation, chiefly in 
 the case of arms rluring war, and corn during 
 war or famine ; but Hale says, that even iit 
 times of danger they were not much relied on, 
 (^l)e Port, Mar. pt. II. c. 8) Edward III. in the 
 4 1st year of his reign, attempted by proclama- 
 tion to restrict exportation to English bottoms; 
 but this was found incftectual, savs Male.until 
 statutes were passed, viz. 5 Hie II. c. 3. and 
 
lit 
 
 fi 
 
 6 Hie. 11. c. 8. 14 Ric. II. c. G. aiirl 4 Ifcri. 
 VII. c. 10. (which was repealed by I EliziiLetli 
 c. 15. and otlier provisions added,) as also by 
 5 Eliz. c. .5. and 13 Eliz. c. 15. but the navi- 
 gation act finally, according to Hale, proved 
 effectual. This eminent lawyer concludes 
 that the maxim, ''que la mere soit ouvcrte," 
 (see 18 Edward III. c. 3.) is the ancient 
 princi])Ie of our constitution, and that the 
 ports can only be shut either against the 
 trade of natives or of foreigners at amity with 
 the crown, by statute. 
 
 The opinions of other lawyers, and the 
 practice of the constitution in later times, 
 lias been precisely consonant with this prin- 
 cij)le. In admitting' of the power of the 
 crown to lay an embargo, Lord C. J. Holt 
 adds that it must be upon great emergencies. 
 The authorities cited for this power in the 
 arguments of Mr. Hampden's counsel go only 
 to prove its existence "in time of war and im- 
 minent danger" ( I S/ate Trials, 540) meaning 
 evidently not merely a state of warfare in ge- 
 neral, but some specific and temporary ob- 
 ject of the war, as an expedition, rebellion in 
 the country, Sec. So in the Case of Imposi- 
 tions, cited for tlie same purpose, Mr. Hake- 
 will, who states the power most widely, 
 
17 
 
 ge- 
 
 speaks of " a short time," and iustauccs, as 
 an emergency wliich would give tlie po\vcr, 
 the "want of shipping upon some sudden 
 attempts;" while Mr. Yelverton denies that 
 since the time of Edward III. any authority, 
 except that of Paihamcnt, can, except for 
 the moment, and in a very extraordinary 
 emergency, affect the trade of the realm 
 {I.St. Tr, p. 504). Even in the apprehension 
 of a famine in 1766, an order in council to 
 restrain the exportation of grain was, in op- 
 position to the Ministry of the dai/ (Lords 
 Chatham, Camden, &c.) declared by Parlia- 
 ment to be illegal, and to require a bill of 
 indemnity. If it should be said that this 
 was in time of peace, we must recollect that, 
 under a similar alarm of famine in J 709, 
 the Queen only issued a proclamation for en- 
 forcing the laws against forestalling, and told 
 the Parliament in lier speech that*//e had done 
 (dl she legally ioidd do \ and in 1756, during a 
 war not very remarkable for the forbearance 
 of England towards the riithts of neutrals, 
 the rights of the people at least, and the mu- 
 nicij)al laws of the realm were better re- 
 spected ; ibr the example of l70y was fol- 
 lowed, and no aj)prchensions of famine could 
 
 c 
 
■".;■: 
 
 ir."' 
 
 ■y i 
 
 18 
 
 induce Lord Ilardwicke to issue 3l proclama* 
 tion ajflfecling the corn trade. 
 
 Thus, from tlie earliest times, |thc tenderness 
 of the English Constitution, for the trad'- 
 ing interests of this country, is remark- 
 ably exemplified. They are regarded with 
 more peculiar favour than almost any other 
 subject of legislation. Even in ages when 
 their magnitude was but inconsiderable, 
 every measure appears to have been taken 
 which might promise to cherish or promote 
 them. To say that these endeavours were 
 often fruitless, and very often hurtful in 
 their effects, is only to make in this instance 
 an observation suggested by the history of alt 
 public transactions; and to regret that, a* 
 governments often display lesg virtue than 
 prudence, so their intentions are sometimes 
 better than their abilities. The efforts of 
 our ancestors may frequently have been inju^ 
 dicious, but their desire was always tlie 
 same— to promote the commerce of these 
 realms. lu pursuing this object, they seem 
 not to have cared how much thcv encroached 
 upon the power of the crown, or how little 
 they humoured the prejudices of the peo- 
 ple. It is not unworthy of our observa- 
 tion, that, in many respects, their anxiety for 
 
 i3t 
 
 / 
 
19 
 
 cncouragino: at once both trade and civH It- 
 bcrty, led them to more hberal views of po- 
 licy than have always marked the commercial 
 legislation of later times. Even in the pre- 
 sent day/ a man might incur the fashionable 
 imputations of " not being trulij British" or 
 of " indulging in modti^n philosophv" whVi 
 should inculcate the very maxims handed 
 down from the Earons of Kinij John and his 
 successor. And persons whose knowledge of 
 the English history goes no farther back than 
 the French Revolution, or who have only 
 studied the Constitution in tlie war of words, 
 which it has excited, would probably make 
 an outcry about **the xtisdom of our anccs^ 
 tors,'* if one were disposed to repeat some li- 
 beral doctrines, ancient even at the date of 
 Magna Charta. If by some of the laws al- 
 ready cited, traders ar^ placed on the footing 
 with nobles, and the great baron's inde- 
 pendence of the king's prerogative, sliared 
 with the merchant; if by a multitude of 
 others, foreigners at amity with the realm are 
 protected and highly favoured ; if within the 
 |K*rio(l of our written law certain rights and 
 privileges are secured to alien enemies them- 
 selves, and they are in some fiegrec secured 
 from tlie absolute control of the crown--^ 
 
 c ^2 
 
 / 
 
so 
 
 U ■'»• 
 
 r 
 
 —what will the thought If •« persons alluded to 
 think, should it appear that in the remotest 
 times to whicn the history of our law reaches, 
 «0d before the men wc "^ born wUo obtained 
 the great charter of our lihurties, alT the war- 
 like spirit of iheday^ — allthe inveterate hatreds 
 of a military people towards the enemy, and 
 their contempt for peaceful industry, did not 
 prevent them from extending to the persons 
 of hostile merchants the s;inie protection, in 
 the midst of warlike operations, which the 
 sanctity of their functions secured to the 
 priests? It was in those remote times held 
 to be a duty incumbent on all warriors to 
 spare the persons of enemies within the 
 realm, if they happrued to be either priests, 
 husbandmen, or merchants; or as their rude 
 verses expressed it (in a style which some of 
 our wise and classical statesmen may now-a- 
 days deride.) 
 
 CUricuSf Jgricola, Mercnfur, tempore belli, 
 Ut oxtfquc, colatf commuttt pace f'ruautur. 
 
 Nor let it be lhou;:?;ht mere niattc» ^n' on- 
 riousrc cction to ind Ige, uj)on tl »v .iv , x 
 occasion, in such retrospects as these. The 
 . -niarkable facts which have been stated dc- 
 ?e; " ur most serious attention, as descrip- 
 Vsf: f 'he liberal and politic spirit of t!ie 
 Consiituiion from its mo^it ancient limes. 
 
m 
 
 21 
 
 They prove that at If^ast a prescriptive title 
 cannot be shewn tor the narrow-minded 
 views which the litiij men ot this day enter- 
 tain. They shew that our ancestors held the 
 rights of the people so sacred, and as inti- 
 7iiately connected with those rights, the great 
 i iterests of trade, that they would in no wise 
 eompromise them, either to gratify a spirit 
 of national rivalry, or to exalt the powers of 
 the crown, or to humour the caprice -of the 
 aristocracy. For it is a mere epigram to say, 
 as Montesquieu hath done, in allusion ^o 
 Magna Charta, " that the English alone have 
 made the rights of foreign merchants a con- 
 dition of national freedom." Our ancestor! 
 favoured and protected foreign merchants', 
 out of respect to the interests and liberties of 
 England. They knew that no more deadly 
 blow could be aimed at the merchants and 
 people of these realms, than by allowing 
 them an exclusive posrsession of freedom, 
 while their foreign customers should be placed 
 at the ilisposal of the Prince. They saw the 
 impo^^^ibi^lty of long preserving nny such. 
 limited s^'stem of popular riglits, and they 
 saw too, that comu'.erce being in its nature a 
 mutual benefit, the j^owcr of the crown 
 would triumph over tiie prosperity of the 
 people., as well as over their liberties, the 
 
ti 
 
 mon-.cnttbat the protection of the Constitu- 
 tion was withdrawn from the merchant- 
 stranger. For this reason it was, that the 
 wise laws which we have cited were conti- 
 nually passed and acted upon in along, unin- 
 terrupted series, from the time when they 
 arose out of those early traditional maxims 
 of our Norman ancestors, down to the reign 
 of Philip and Mary, when the judges, ac- 
 cording to their true spirit, declared that the 
 rigfiis of English mhjcctt were attacked by 
 injuries offered to foreign merchants. 
 
 It is quite manifest, therefore, that the 
 free traffic of merchants, as well foreigners 
 as natives, in our ports, is secured to them by 
 law, and cannot be affected by any royal 
 edicts. The King may go to war witli a 
 foreign nation, and then he has a right to do 
 that which a state of war authorizes. Dut 
 while peace subsists, then>eichant-stranger in 
 our ports is as much under the protection of 
 the law, and as well secured against tiie acts 
 of tlie executive, as any subject of tiie realm. 
 Unless the law prohiljits the exportation of 
 certain goods hy neutrals, or tiie sailing of 
 neutrals to certain ports, they have a right 
 to export and to sail as much as if they were 
 Jiege subjects. Unless the law 4;i>tubli!»hei 
 
2d 
 
 iegulations for their dealings, they may deal 
 freely like natives, and no royal proclamation 
 can interfere with them in any manner of 
 Way. The crown might with the very same 
 reason levy a tax on foreigners residing with- 
 in tiie reahn, and plead in excuse that it has 
 the power of making war on their nation, 
 treating them as alien-enemies, and thui 
 forcing them either to pay the tax or leavt 
 the country. 
 
 In defiance of these clear principles, and in 
 direct violation of law, the late orders, 
 among other things, have proclaimed the fol- 
 lowing restrictions upon trade. 
 
 Threejirsi orders, Nov. 11 f 1S07. 
 
 • 
 
 ( 1. ) By the first order, neutrals must have 
 '■•'fared out from British ports (as well as 
 allied ones) for the hlockaded countries un- 
 der certain regulations, otherwise they are 
 liable to be captured ou the voyage. This is 
 as complete a restriction as if they were 
 ibrccd, while in the ports of the realm, to 
 clear out in a certain manner. "^Ihe Sovereiiia 
 is entrusted with the naval forces for lawful 
 purposes; not surely to cruize against such 
 «f his subii^cts as are proceeding on lawful 
 
 .*' 
 
,!;! I 
 
 voyages, nor (for the same reasons) to cruize 
 against foreigners who have left his ports iu 
 a lawful way. 
 
 (2.) By thesccwid order, certain articles, as 
 brandy, sugar, wine, &c. imported in neu- 
 tral vessels can only be re-exported in the 
 same vessels, under licence from the crown. 
 The general objection applies here. More- 
 over, how can any person be legally stopped 
 in his attempts to export contrary to this 
 order? And how can the prohibited goods be 
 seized or forfeited ? 
 
 (3. ) Certificates of origin may be found on 
 board of vessels in the ports of the realm : 
 therefore, the first order authorizes the evi- 
 dently illegal act of seizing in a British port, 
 a friendly vessel carrying neutral or British 
 property. 
 
 SLv additional ordcrSf Nov. 25, 1 807. 
 
 (1.) By the second additional order, a li- 
 cence from the crown must be obtained 
 before a neutral ship can clear out from a 
 British |)ort, to an enemy's colony witli fo- 
 reign produce. 
 
 (2.) By the same Order, paragraph 2, a li- 
 cence is rt(iuircd before a iicutiul can clear out 
 
 n 
 
 V 
 
 a 
 
 ^'j 
 
di 
 
 tr: 
 3 
 
 ■ Hi, 
 
 
 uith certain articles, viz. foreign sugar, coffee, 
 wrtie, cotton, &c. to any part of the world, 
 hostile or friendly ; nay strictly interpreted, 
 to Malta or Gibraltar. 
 
 ( 3. ) By the same paragraph, no vessel (mean- 
 ing probably no neutral vessel) can clear out 
 from this kingdom, to any part of the w orld, 
 with the cargoes of foreign hostile produce, 
 which she had previously imported, without 
 first entering and landing the same. Thus an 
 American having imported French wine from 
 Gottenburgh, may be prevented, by this royal 
 edict, from sailing with it to New York, un- 
 less she stops to enter and land it ! Upon this 
 and every other part of these enactments, it 
 may be remarked, that if the crown has the 
 power to make them, the Navigation Act was 
 nugatory. Its place might have been most 
 adecjuately supplied by an Order in Council; 
 yet observe what Lord C. J. Hale sa3's on this 
 subject above. . . 
 
 (4.) By the 3d paragrnph of the same Or- 
 der, no vessel (meaning probably no neutral 
 vessel) can clear out from Guernsey, Jersey, 
 or IMan, with any articles imported from the 
 blockaded country, except to some British 
 port; nor can any such cargoes enter there, 
 except From a British port. So that these 
 islands in respect of all such articles arc plac- 
 
::Ji 
 
 ttl In a state of blockade, nearly as rigorotls 
 as if tliey were enemy's territory. 
 
 Every one of these provisions in the late 
 orders, militates most directly against the whole? 
 spirit of the Constitution as described in the 
 laws of the realm, and the opinions of eminent 
 writers formerly detailed. The Constitution 
 says, merchants, as well strangers as natural 
 subjects, shall be protected, encouraged, by all 
 means induced to trade and settle in these 
 realms; they shall enjoy full freedom of trade 
 and security in all their transactions; while 
 they are on British ground, their rights shall 
 only be touched by the law of the land. 
 The Orders in Councilsay, Foreign merchants 
 are as nothing in the eye of the law — they 
 are at the mercy of the crown — they can only, 
 trade in our ports as the King pleases — they 
 must conform in every particular to his will- 
 in the ports ofthe realm, they alone, of all the 
 inhabitants, may be prevented from sending 
 out what vessels, and what cargoes they please, 
 or of sailing to what foreign ports. The Con- 
 stitution says, it is the privilege of English sub- 
 jects to trade in English ports, with merchant 
 strangers, the subjects of powers at amity, 
 freely, without let or hindrance ; it is the pri- 
 vilege of Englishmen, that free trade be car* ,, 
 
 I 
 
 .'"■( 
 
27- 
 
 ried on at all tiine« bv all friendly sfrantrers, • 
 carrying botli lo and from our ports whatever 
 may lawfully be dealt in, and on whatr.ver 
 destination. The late Royal Edicts say, all 
 neutral trade in English ports is under the con- 
 trol of the Sovereign not of the law — he may 
 impose upon it such restrictions and regulationi 
 as he pleases. But some of the regula- 
 tions imposed by the Orders are still more di- 
 rectly unconstitutional. Foreign vessels are not 
 allowed to proceed as they may think proper 
 on their voyages, but are liable to such deten- 
 tion as the servants of the crown may think 
 fit to prescribe. Licences are required for cer- 
 tain voyages; those licences may be granted 
 upon payment of certain fees; that is, for cer- 
 tain sums of money — or, they may be refused 
 altogether, and the vessels detained until Par- 
 liament shall impose certain duties upon ex- 
 portation. In the former case, a direct tribute 
 is levied by the Crown upon a large proportion 
 of the trading interest, without authority of 
 Parliament. In the latter case, the Crown of 
 ilself takes the first ste[) towards raising an 
 unauthorised tax. The illegality of extorting 
 money for licenced is clear and indubitable. 
 It is not excused by the late frequency of the 
 practice. When the King has declared war 
 
m 
 
 m 
 
 m 
 
 28 
 
 upon a foreign nation, it is the duty of all 
 liis subjects to refrjiin from intercourse with 
 the enemy; such intercourse is unlawful, and 
 it is the duty of the Sovereign to prevent if. 
 If he grants to some of his subjects a licence to 
 do that which he prevents the rest from do- 
 ing, and exacts money for this preference, does 
 he not levy a tribute, properly speaking, upon 
 those who continue dutifully to abstain from 
 this irregular traffic ? They are prevented 
 from trading with the enemy, and others for a 
 certain sum, profit by the monopoly of a trade, 
 which either should be wholly prohibited, or 
 wholly free: those others can afford to pay 
 this sum, because of the exclusive preference 
 given them, that is, because the bulk of the 
 community are excluded from the traffic. The 
 Constitution invests the King with the power 
 of making war, to be used, like every preroga- 
 tive, for the good of the people. It docs not 
 invest him with the power of raising money ; 
 or of deriving a profit from part of Wvi subjects 
 out of the war wliich he may be ol)liged to 
 wage for the benefit of tlic whole. " This pro- 
 hibition" (says the Lord C. J Hale, discoursing 
 of the King's power to lay embargoes on cer- 
 tain branches of trade, upon pressing occa- 
 sions) "neither ought nor might be an engine 
 
y of all 
 ie with 
 ul. and 
 vent if. 
 ence to 
 om do- 
 ce, does 
 I, upon 
 in from 
 evented 
 ;rs for a 
 a trade, 
 ited, or 
 to pay 
 ference 
 L of the 
 c. The 
 ? power 
 >reroga- 
 locs not 
 noncv : 
 "iubjects 
 liy^ed to 
 bis pro- 
 oursinj; 
 on cer- 
 : occa- 
 cnuinc 
 
 to gain money for licences; for if the procla- 
 mation had any strength, it was because of the 
 exportation of these things. If it were not a 
 public inconvenience, it could not be inhibited 
 barely by a proclamation ; and if it were a 
 public inconvenience, it might not be licensed 
 for private profit ; if it might, the strength of 
 the prohibition would consequently cease" 
 CDe Port. Mar. Pt. IL C, 8. ) The prac- 
 tice, therefore, which has of late years crept 
 in, is utterly repugnant to the constitutional 
 law of England. But infinitely more so is 
 the new step which the (Jrovvn has lately 
 been advised to make, by prohibiting certain 
 branches of trade, in our ports, not nverelv law- 
 ful during war, but highly beneficial to the 
 country-branches of trade, to the benefits of 
 "Nvhich, the subject has an undoubted right — and 
 then exacting money from individuals in whose 
 favour the general prohibition is relaxed. If 
 those impediments are only thiown in the way 
 of this lawful and beneficial commerce to 
 give Parliament an opportunity of taxing it; 
 then does the crown, without any authority, 
 commence a process of levying tribute as much 
 contrary to law, as if it cotnprlled the subject 
 to deliver in accounts of his income, or com- 
 ply with the whole regulations of a tax bill, 
 
 1 
 
80 
 
 i 
 
 I 
 I' 
 
 except the actual demand of money. Nay, 
 the proceeding is still more illegal, in as much 
 as the trader has a right to perform his voyage 
 until the Parliament imposes duties; and by 
 impeding him, the crown secures his eventually 
 paying money, which otherwise he never could 
 have been made to pay. 
 
 It might perhaps be thought, that sufficient 
 violence had been offered to the most sacred 
 principles of the Constitution, by the measures 
 already exposed. But an act, if possible, still 
 more daringly and directly illegal — an act in 
 breach of the very letter of our written laws, 
 has been added to the general infringements 
 upon the rights of the subject. The men 
 whose whole clamour was formerly raised 
 against a Parliamentary interference with the 
 Navigation Act, rendered absolutely necessary 
 by the circumstances of the war, and only at- 
 tempted with the formal, deliberate consent of 
 the legislature, have presumed to issue, in the 
 name of the wSovereign alone, during a proroga- 
 tion of Parliament unnecessarily, unconstituti- 
 onally prolonged, a proclamation, ordaining the 
 direct violation of that very Act of Navigation, 
 in its most essential branch. 
 
 The Navigation Art, and the system of com- 
 mercial legislation, of which it forms the chief 
 
u 
 
 digestj (although it was by no means the 
 origin of that system) has for its main object 
 the encouragement of English shipping, and 
 the exclusion of foreigners from the carrying 
 trade, as far as any municipal laws crin cfFcct this 
 purpose. The fundamental rule of the system 
 then is, that a variety of foreign goods shall 
 only be imported into England in English 
 ships, or ships of the country where they are 
 produced or manufactured. Towards the 
 latter end of the last war, several acts were 
 passed, giving the crown a power, for a li- 
 mited time, (generally for about half a year) 
 to suspend this rule of the navigation law, and 
 permit neutrals to import from foreign coun- 
 tries, whether at peace or at war with us: thus, 
 39. Geo, III, c, J 12, and 41. Geo. lU. c, J9. 
 This last expired six weeks after the beginning 
 of the session ISOl, and has never been re- 
 newed. But in August, 1803, an act was 
 passed giving the crown the power to issue 
 orders in council, permitting, during the pre- 
 sent war, the importation of goods from 
 enemy's ports in neutral vessels, (4S Geo. III. 
 c. 153. — 16} No power, however, was given 
 to permit such importation from friendly or 
 neutral ports, and the reason was obvious. 
 
32 
 
 The legislature intended only to relax the 
 navigation law, where the circumstances of the 
 war obliged them; and to'allow the only inter- 
 course which could be devised with the enemy; 
 leaving all other trade under the monopoly of 
 the British ship owner. The Second Order of 
 November 1 1, is founded upon this statute, 
 and although the preamble mis-states the law, 
 the Order itself only give power to import 
 from hostile countries. So far the mistake h 
 not very material, and the proceeding is ru*"- 
 ficiently legal in substance, bowever slovenly in 
 its form. But by the First Order of November 
 11, especially when coupled with the Setond 
 additional Order, November gj, although no 
 permission whatever is given, o^' could be 
 given, in any of the orders, to import from 
 neutral or friendly ports in foreign vessels of a 
 different country, yet the most express direc- 
 tions are issued for bringing into British ports, 
 vessels so trading, and in certain cases, for enter- 
 ing and landing their whole cargoes. The Se- 
 cond Order of November 1 1, gives, indeed, the 
 option to all neutrals warned into our ports, 
 of importing their cargoes if they please, but 
 adds, " under the conditions prescribed by 
 law," and as the law positively prohibits the 
 importation now in cjuestion, the mobt fa- 
 
33 
 
 torable interpretation of the clause is, to sup- 
 pose that it is not meant to reach this case. 
 If it is, the permission is utterly illegal, and 
 whether it is intended to be given or not, the 
 other orders compelling such importations to 
 be made, are directly and grossly unlawful. 
 The navigation law says, Americans shall not 
 import goods from Prussia into England. The 
 crown has no power by 43 Geo. 111. c. 153, 
 to suspend this law by any Order in Council. 
 Vet Orders and Instructions are issued forcing 
 all Americans laden with Prussian goods 
 Whithersoever they may be sailing, to come 
 into some English port, to enter and land 
 their cargoes. Upon this act of violent iisur* 
 pation over the laws, \vhich the crown has been 
 advised to attempt, all further commentary is 
 superfluous. 
 
 The illegality of the new system of Or- 
 ders being quite manifest, a Bill of Indemnity 
 will be necessary ; and Parliament may then, 
 determine whether this illegal act is justified 
 by any such urgency, in point of time, as 
 prevented a delay until Parliament should 
 assemble. In this view of the case, it may 
 be worth while to remember that a further 
 prorogation took place about a month after 
 llie first Orders were issued. 
 
 D 
 
si 
 
 
 There are, indeed, various reasons for refus- 
 ing such an Act of Indemnity as soon as the 
 King's Ministers may apply for it. If a tem- 
 porary pressure of circumstances had ren- 
 dered some deviation from a particular law, or 
 even some infringement upon the general spirit 
 of the Constitution absolutely necessary, and 
 Government had, fur the mean while^ and as 
 if sensible of thfc illegality of their proceed-- 
 ings, issued orders upon the face of them 
 teir porary like the emergency; the Parlia- 
 ment in its justice might have granted them 
 that indemnity which they respectfully 
 ^ asked. But here is a new system of Royal 
 enactment— of executive legislation — a Privy 
 council Code promulgated by some half dozen 
 individuals (for as such only the law know* 
 them) upon principles utterly repugnant to 
 the whole theory and practice of the Consti- 
 tution — a full grown Cabinet Satute book, not 
 authorising any single and temporary pro- 
 ceeding, but prescribing general rules for a 
 length of time; dispensing with the laws of 
 the land in some j)oints; adding to them in 
 others ; in not a few instances annullin"- 
 tliem. It is an entire new Law-merchant for 
 ILngland during war, proclaimed by the 
 court, not of Parliament, but of St. James% 
 
35 
 
 With as much regard to the competent autho- 
 rities, or to the rightful laws of the reahn, 
 as the Rescripts of the latter Roman Empe- 
 ror. It is not such a daring attempt as this 
 that should he sanctioned by the Parliament, 
 against whose authority it is levelled. 
 
 But the Ministers, should they obtain an 
 Indemnity, may now come forward, and 
 propose to carry tlieir new system into ef- 
 fect by a regular act of the legislature. It 
 will then he for Parliament to consider whe- 
 . ther they can by one deed of theirs over- 
 throw the most ancient and best established 
 principles of the British Constitution. The 
 statute may indeed have all the formalities of 
 law — it may supply the solemnity which the 
 illegal orders now want. But repugnant as it 
 must be to the genuine spirit of our Govern- 
 ment, men may perliaps look for the sub- 
 stance of the English law rather in those 
 fundamental maxin>s of our jurisprudence 
 which it will have supplanted. All the 
 proofs formerly adduced to illustrate the un- 
 constitutional nature of the late Orders, form 
 in truth insurmountable objections to any 
 measure wiiich may be proposed for erecting 
 them into laws, unless indeed some para- 
 mount and permanent reasons of expediency 
 
36 
 
 can be urged, for enterprizing so mighty an 
 innovation upon the constitution of the 
 state. These reasons we shall now have oc- 
 casion to discuss, in examining the policy of 
 the new system. 
 
 III. Jre the late Orders in Council con- 
 sistent with sound po/ici/ ? 
 
 The late Orders are so exceedingly con- 
 fused, they deliver the regulations intended 
 to be established with so little arrangement, 
 and in some instances prescribe rules so ma- 
 nifestly contradictory to each other, that 
 it is not very easy to collect from them the 
 precise nature of the new system. As an 
 example of direct contradictions may be cited 
 the Second order Nov. 1 1, and the Second order 
 Nov. 25. In the former, sugar, coftee, wine, 
 brandy, snuff and tobacco, are mentioned as 
 among the articles which neutrals may im- 
 port into the United Kingdom fruui enemy's 
 ports; but must re-export under certain regu- 
 lations. The latter order lays down these re- 
 gulations, but substitutes cotton for tobacco; 
 so that it remained a doubt how tobacco could 
 be re-exported, although it was s>ill re-ex- 
 portable : and then in the Order Dec. 18. a 
 general prohibition of all imports, direct from 
 
 J 
 
37 
 
 ^ ■» 
 
 * ■ • 
 
 the enemy's colonies, is given under the form 
 of an explanation of the former^Orders. But 
 since the navigation law prevents the impor- 
 tation of almost all foreign colony produce * 
 in any except ships of the country pro- 
 duciiig ; and since the 43 Geo. HI. c. 153, 
 on which these orders are founded, gives no 
 power to the crown to suspend the naviga- 
 tion law, unless with respect to enemy's ports; 
 it is clear that the Order Dec. 18, renounc- 
 ing the use of this power in the present case, 
 leaves the whole importation of the enemy's 
 colonial produce rigorously prohibited, ex- 
 cept cotton, indigo and cochineal, (as men- 
 tioned in the note below) which may still be 
 carried from the hostile colonies to Ameri- 
 ca, and from thence, brought in IJritish ships, 
 to this country. So that this last order, in- 
 stead of explaining the clauses of the former 
 Oders, relative to foreign sugar, coflee, snuffj 
 tobacco, and cotton, reverses the permission 
 given in those clauses to import and re-export 
 under restrictions the four first articles, and 
 
 
 , • Willi n few exceptions, viz. cochinoul, (13 Gio. T. c. 
 15), Indigo, (7 GfOt II, c, 18), nncl colton-wooh, (5 Geo. 
 III. c. 32), which may be imported hum any plucu iu Drt* 
 rikh shipK. 
 
38 
 
 leaves it very doubtful whether tlie framers 
 of the orders were aware that cotton is ex- 
 cepted from the provisions of the navigation 
 law. 
 
 In the Second order Nov. 25, a contradiction 
 in terms occurs, equally demonstrative of the 
 crude, indigested form of these rules. A ves- 
 sel arriving from whatever place with a cargo, 
 the produce of are strlcted country, must Und 
 it before it can rc-cxj)ort to any place; and 
 a vessel arriving with any cargo whatever, 
 formerly shipped in a restricted port, must 
 land it befoie it can re-export to any place; 
 except the caigo is the produce of an un- 
 restricted country, and comes here directly 
 from thence. This exception is downright non- 
 sense, as applied to tlic rvdc. Taking its parts 
 together, the order is — You must land French 
 goods brought from America, and American 
 goods brought from Fra'.ice, unless the goods 
 are American, and brought^ directly from 
 America. Such contusions as these make it 
 dillicult to obtain any corrfct view of the 
 state in whicii the orders have left the neu- 
 lial tra-de. Ijur, as far as ihii cun be mu<le 
 out, the following seems to be their pur^ 
 port. 
 
 All the poits, and coasts of the enemy, 
 and of the countries under his contruul 
 

 5.0 
 
 which have exchuled British vessels, are 
 placed in a place of Rcstrictloji, as to tlieir 
 trade with neutrals. — The nature of this re- 
 striction is as follows ; All direct trade he- 
 tween tlie restricted ports and neutrals is 
 prohibited: Neutrals can neither sail ^lirfct 
 to, nor return direct from those ports ; they 
 must in both cases touch at a British port. 
 If their cargo does not consist of tlour, meal, 
 or grain, and is cither the produce of the re- 
 stricted countries, or has heen last shipped 
 in a restricted place, or has heen brought 
 from a restricted place and is destined to a 
 restricted place, it must he entered and 
 landed before it can be re-exported. And 
 cotton wheresoever it has been produced or 
 shipped, or whithersoever it is g<»ing, must 
 be always entered and landed before it can 
 be re-exported*. — The vessels of foreign 
 countries \n alliance \\\\.\\ Kngland are allow- 
 ed to sail7tf the restricted places direct ; but 
 must return from thence to British j)orts. 
 Neither neutral nor allied vessels are permitted 
 to sail to Kngland from the enemy's colonies; 
 but they may trade directly with those 
 
 • 'I'hif 8001118 to bo tlio onlv lonso tlial can ho ('»ti'aot»tl 
 from tlio cIhiisu iif the SocuikI Onki-) Nuvoiubti 25, ubov« 
 tnuiinculc'ii upon. 
 
40 
 
 colonies, both to and from ; and they may 
 trade between those colonies and the Free 
 ports of the English colonies. Brandy, wines, 
 snuiF, and tobacco from restricted countries 
 (not being colonial produce ) may be imported 
 by neutrals in any manner ; but cannot be 
 re-exported witiiout licence; and they are 
 subject, like all other goods, to the above- 
 mentioned regulations respecting entrance 
 and landing.- — The old rules regarding a state ' 
 of actual bicekade remain in full force. — The 
 trade of Gibraltar and Malta with restricted 
 places, by means of neutrals, i? placed upon 
 nearly the same footing with the trade of 
 British ports ; only, that those places cannot 
 re-export, except to a British port, any fo- 
 reign goods, unless they were previously im» 
 imported in British ships, or from a British 
 port direct ; and cannot export cotton at all, 
 except to a British port. Lastly, neutrali 
 can only sail from Guernsey, Jersey, and 
 Man, to the restricted countries with cargoes 
 imported from Britiish ports ; and can only 
 re-export the cargoes which they bring from 
 restricted countries, to Britisli ports. Cer- 
 tificates of Origin forfeit the ship, on board 
 of which they can be proved, by real evidence 
 to have l)een ; and if a ship has ever been 
 enemy's property it is likewise tonliscalcd. 
 
41 
 
 • To illustrate the operation of this nevf 
 system, let us take the example of an Ame- 
 rican vessel, and observe what she is allow- 
 ed and forbidden to do. She may sail with 
 an American cargo to England, and from 
 thence to France, without landing her car- 
 go, if it consist not of cotton or manufac- 
 turea goods. From France she may return 
 with a French or -other restricted cur^o which 
 •he must land, before she can carry it back 
 to America. The chief exports of America 
 are raw produce ; therefore almost her whole 
 trade with the restricted countries is limited 
 by the necessity of touching at an English 
 port twice, and landing the cargo once : if 
 the American cargo consist of cotton, it must 
 be landed in the outward voyage also, and 
 can only proceed by licence. — TI.e American 
 may trade directly to and fronj the enemy's 
 AY est India Islands; but cannot, (on ac- 
 count of the former law), bring their produce 
 to this country : nor by the Orders can she 
 carry it to the restricted European ports.—' 
 She cannot pursue her voyage to and from the 
 north ol" Europe, by touching at Man, Guern- 
 sey, or Jersey, either going or coming ; but 
 besides touching there, she must tonch at a 
 Jhitishor Irish port. It is evident, then, that, 
 unless for convenience of smuggling, and 
 
■ *2 
 
 evading the French decrees, no Americans 
 will trade to Europe through Man, Guernsey, 
 and Jersey. — The American cannot pursue 
 her voyage to or from the south of Europe, 
 by touching at Malta and Gibraltar; but must 
 go first to a British or Irish port, and after- 
 wards return thither. 
 
 . This illustration comprehends the only 
 material features of the new system, viz. its 
 forcing all the neutral commerce to run 
 through the ports of the United Kingdom ; 
 its giving the English Government a com- 
 mand of the supply of cotton, and some 
 smaller articles, as brandies, wines, European 
 snuif and tobacco ; and its stopping the ex* 
 . portation of all enemy's West India produce, 
 except cotton, cochineal, and Jndigo, either 
 to this Country or lo any restricted part of 
 Europe. It is upon these points that the po- 
 licy of the measure must be tried. 
 ' Supposing, therefore, that the Americans 
 remain neutral, and obey our. orders in coun- 
 cil, what do we gain ? We do not destroy 
 the enemy's trade, unless he cluiscs to enforce 
 , Ids decree against us ; and in that case we 
 destroy our whole trade at once, except only 
 the trade with America and our allies — in other 
 \\:ords, the same circunistances which enable 
 us to dcsiroy the trade of the restricted 
 
iZ 
 
 countries, must destroy our whole foreign 
 Iluropean commerce. Which party will suf- 
 fer most by such an event? Surely the par- 
 ty which depends most on commerce — not 
 France and Spain, of whose resources trade 
 forms so trifling a part, and which have the 
 whole internal commerce of the Continent 
 secure from all >ur Orders of Council; but 
 England, whose trade is the great support of 
 her wealth, and which exists as a powerful 
 nation by selling to and buying from the 
 states of the Continent. Admitting that 
 we can enforce our decrees most rigorously, 
 Holland, France, Denmark, and Prussia, will 
 no longer trade with each other by sea ; nor 
 with America and England at all. They 
 will lose their trade with us, and retain their 
 trade by land with each other ; we shall at 
 once lose our whole trade with each of them, 
 and consequently suffer seven times more 
 than any one of them. Wo. sliall retain our 
 American trade; but that must be diminish- 
 ed i,n a great degree by the loss of her Euro- 
 pean trade which America will have sustain- 
 ed.— Surclv the wit of man could not havi 
 invented a contest more favourable to the 
 jenemy than this. It is laying down our 
 weapons and fighting him with his own; it is 
 putting the dispute between us upon the very 
 
44 
 
 ground which he must chuse; it is hke a 
 dwarf agreeing to strive with a giant, stand- 
 on the same level : it is as if we should con- 
 sent to bum our whole navj, provided 
 France burned all her's ; whereby we should 
 give up a thousand ships to deprive her of 
 fifty. 
 
 But can we enforce even this bad bargain ? 
 France may with much greater certainty 
 prevent ships from entering her ports than 
 we can stop them on their voyage. She may 
 cut off the trade from England to the Con- 
 tinent by means of neutrals; but we shall 
 find it impossible to suspend all direct in- 
 tercourse between those neutrals and the Con- 
 tinent. While, therefore, the part of the new 
 system most hurtful to us is sure of being 
 established if the enemy pleases, the prohibi- 
 tions which we impose on his foreign trade 
 cannot with equal certainty be enforced. 
 We shall destroy his trade with ourselves, in 
 order to cut off his direct trade with neu- 
 trals ; but he will retain a part of this trade 
 in spite of all we can do; and unless ha 
 feels it for his advantage will not trade with 
 neutrals through us. 
 
 A strict and general blockade of the ene- 
 my's ports, is at least an intelligible and 
 consistent measure. It cuts o/T his foreigrs 
 
 >• ^ 
 
H 
 
 trade entirely, although it deprives 'us of our 
 trade with him ; and if rnmmercial distress can 
 ruin him, such a proceeding gives us some 
 chance of effecting his downfall. But the hew 
 system is only a blockade of the enemy, if the 
 enemy himself chuses that it shall be so. It can 
 never, by possibility ruin him, or even materi- 
 ally injure his commerce : For the moment he 
 is pinched, he can relieve himself, He can allow 
 neutrals to enter his own ports, from those of 
 Great Britain ; and thus obtain as large a 
 share of foreign commerce as he desires*. These 
 neutral carriers, it is true, must land and re-ship 
 in England certain cargoes; and many, (but no^ 
 by any means all ) of these voyages will be 
 somewhat more circuitious than formerly. An 
 American bound to Bordeaux, must touch at 
 Cork, Falmouth, &c. which is somewhat out of 
 her course ; if bound to Dunkirk, Amsterdam, 
 &c. she would probably touch at Cowes front 
 choice, to receive advices respecting the market 
 from London correspendents. Admitting that 
 some considerable inconvenience arises from 
 hence, in all cases on an average ; the whole ef- 
 
 f.It is confwlenHy reported that some rclaxafion of tht 
 French [Decree, has already beea allowed in Holland, 
 though this does not appear very likely. 
 
i ( 
 
 11 !^ 
 
 5 !*^5 
 
 r 
 
 ' I 
 
 iect Is to raise the prices of the neutral goods a 
 little to the enemy, and to lower somewhat the 
 profits of the neutral, without any gain whaC- 
 fver to ourselves. Our friends and our ene- 
 mies lose each a little, and we gain nothing at 
 all. The obligation to land certain cargoes can 
 do us no more real good. It increases Some- 
 what the loss of the neutral and the enemy, 
 and may enable us to keep a few more custom- 
 house officers. If indeed, tlie orders in coun- 
 cil are followed up by an act of Parliament, 
 imposing duties on the goods so landed, then 
 we clearly shall propose to ourselves, not cer- 
 tainly to distress the enemy's trade, but to pro* 
 fit both by his commerce and that of our 
 friends. Would it not be a much simpler 
 expedient, and answer the very same purpose, 
 to propose that America should pay us a year- 
 ly tribute, and to raise it as she best can, 
 either upon her own citizens, or her French 
 customers ? If the duty which we mean to lay on 
 is not the merest trifle, we may be well assur- 
 ed that America will not submit to it. 
 
 It may be said that France left us no choice 
 in this matter ; that she began by interdicting 
 all trade between England and the continent, 
 through neutrals; and that had no Orders in 
 Council been issued by us, we should still have 
 
47 
 
 lost the trade Europe. Thi« remark is, however, 
 extremely incorrect. Had no measures on our 
 part followed, there was little fear of tte 
 French decree being rigorously put in force. 
 The neutrals would nave found means of evad- 
 ing French regulations, as they have, according 
 to our own statements, always contrived to 
 elude the restrictions formerly imposed by Eng- 
 land. The utmost rigour in the French ports, 
 could only have forced the neutrals to make 
 a circuitous voyage ; and *' certificates of ori- 
 gin " so much censured by our own govern- 
 ment, are perhaps of all the restrictions that 
 ever were invented the most easily evaded. 
 
 The mly part of the new system that looks 
 consistent with itself, is the blockade of the 
 enemy's West Indian colonics. By the first 
 two sets of orders this was not effected. A 
 provision was, on the contrary, made for 
 bringing over their produce to this country ; 
 and various regulations were prescribed for 
 preventing, or at least impeding its re-ex- 
 portation. Afterwards, however, the raon- 
 8lr6us absurdity was perceived, of violently and 
 suddenly increasing, a glut already ruinous of 
 such produce in the home market ; and the Or- 
 der of Dec, 18th, confined the exports of the 
 enemy's islands to America. This measure i$ 
 much more plain and consistent with bellijje- 
 
4S 
 
 ih I 
 
 rent views than the rest of the plan ; but when 
 jcxamined, it appears equally short-sighted and 
 Unwise. The blockade of the enemy's colonies 
 can only have two objects— -to deprive the ene- 
 my of certain articles of consumption ; and to 
 increase the demand for those articles in our 
 own market. These objects, are, in a consider- 
 able degree, incompatible ; for our West In- 
 dia produce commonly finds a vent on the con- 
 tinent, by supplying the wants of the enemy. 
 But supposing, for argument sake, that both 
 the two ends may be gained at once, let us ex- 
 amine the consequences. ^ 
 
 The French have borne every Species of 
 public and private calamity for nearly 
 eighteen years ; they have passed through all 
 the vicissitudes of revolution, from anarchy 
 to despotism ; they have tasted only of war, 
 with its whole train of evils, of which priva- 
 tions have been the smallest : they have suf- 
 fered the most unsparing conscription, aug- 
 mented in rigour as the service of the army be- 
 came more irksome and dangerous : to all thii 
 they have submitted in quiet, with rallying 
 points for emigration in the neighbouring 
 nations, and for rebellion in the heart of their 
 own country. No dangers, no calamities, 
 no private distresses,not even the conscrigtioa 
 
49 
 
 11 
 
 a 
 
 es 
 ■le- 
 
 T- 
 
 itself, has ever extorted a murmur of discon- 
 tent — and we now expect insurrections to 
 break out as soon as coffee and sugar shall be- 
 come scarce at Paris, or the army shall find 
 tobacco growing dear ! The conscription is 
 at an end, or is become only holiday work ; 
 the armies go out not to fight but to revel in 
 triumph, and to amuse themselves with fo- 
 reign travel ; but grocery and snuff are ad- 
 vancing in price, and let Bonaparte look to 
 it ! If he does not speedily make peace on 
 our terms, restore the Bourbons, jynd give up 
 Belgium, his earthly course is run ! — This is 
 the argument. 
 
 But if it be not a waste of time to give tuch 
 positions as these a serious refutation, let us 
 only consider how little chance any commer- 
 cial bjpckade h of being effectually enforced. 
 Every successful attempt of this kind which we 
 make, augments incalculably the teujptations 
 to elude our vigilance. If certain drugs, for 
 example, were almost excluded from Irancc by 
 the activity of our cruizers, their price would 
 rise so enormously, that a neutral merchant 
 would find his account in attempting to land 
 a cargo of bark, (necessarily lowered in price 
 elsewhere) though he should lose three 
 fourtlK in the attempt; so that we shall in ,vain 
 
■i 
 
 'U 
 
 II 
 
 50 
 
 continue to wage war against the wretched 
 hospitals of our enemy. To a certain degrcfe 
 the same remark applies in all the other Cases. — 
 In one way or another the goods will find their 
 way from the places of glut, to those of de- 
 mand. Their prices may be somewhat eri- 
 hanccd, and the use of such as are not essen- 
 tially necessary, will be diminished. -' . 
 All the changes of this sort, however, which 
 we attempt to make, and to a certain degree su(?- 
 cessfully, will take place gradually. The stock in 
 hand will beoecnomized in proportion as thefuV- 
 ther supplies are obstructed, and instead of pro- 
 ducing lasting discontents, or even disgust with 
 the war, among our enemies, we cannot hlep fur- 
 nishing the very remedy along with evil, by teach- 
 ing tl\em gradually to alter certain habits in them- 
 selves indifferent. It would not be so irrationa"! 
 for their rulers to expect that some hatred of 
 Kngland should ari^t; out of this policy ; but for 
 us wjio hiTvc not once excited the least dis- 
 position to throw otr the Frenclr yoke by all 
 our hos^tilities — who see the French peopl6 
 thcmsflves, not merely unsubdued, but evcfi 
 flourishing .'liter all our victories over their 
 4rade— for us to think of conquering by the 
 carcity af two or three wares, the people 
 whom our greatest captains and innumerable 
 ihips have never humbled during years of the 
 nu;!»t Lutcc.sful naval warfare — burely exceeds 
 
51 
 
 the bounds even of popular or party delusionj 
 It is supposed that the peculiar restraints 
 imposed upon cotton, afford extraordinary 
 satisfaction to the mercantile friends of the 
 new system. These may operate either in 
 lowering the price of the article at home; or 
 in distressing the enemy for want of that which 
 it is known he cannot find elsewhere. The 
 former of these effects is surely no great ad- 
 vantage, in the present situation of West 
 Indian affairs. The ruined state of the sugar 
 planter makes it necessary that he should turn 
 a large portion of his capital into other branches 
 of cultivation; and of these cotton planting 
 is on every account one of the best. The price 
 for some time past has been on the decline; 
 and such a glut as the orders in council must 
 produce, is sure at once to injure those al- 
 ready occupied in cotton planting, and to 
 prevent tl o sugar planters from adopting this 
 mode of relieving their distresses. It would 
 »ot be the wisest policy *o complcat the ruin 
 oi the West-Indies, for the sake o( alleviating 
 the burthens which the war has brought on 
 anotlitjr class of the community. Besides that 
 >this class would probably s«..»! experience a 
 glut of manufactured goods, occasioned by the 
 uu:re;tsrd manufacture set agoing under the 
 
 r i ■ • •'• 
 
 • ■) 
 
iiill 
 
 
 j2 
 
 vi-ol<?nt operation of the new systcnj, and the 
 difficulty of exporting them — while on the 
 return of peace, another change equally vio- 
 lent and sudden would drive part of the same 
 wanufacture into foreign countries. — To im- 
 agine that the orders will prevent raw cotton 
 from reaching France, is very absurd : They 
 do not even profess any such thing. If they 
 did, the merchants of this country would be 
 the first t« pray that so enormous a load of 
 
 ■ cotton might be taken oflf their hands, and a 
 chance aflbixled them of sending it to the 
 continent. 
 
 So much for the blockade as it is to affect 
 'theenemy. — Now as to the relief of our West 
 India body — it must be observed that cotton, 
 
 ""' trochineal, and indigo may still be imported 
 tlixough America, and every care is taken 
 
 * in the orders that the cotton once imported 
 shall remain as a dead weight in the British 
 market. But passing over this part of the 
 regulations, what can our planters gain by 
 the stoppage of French colonial trade, if at 
 
 ■ ' the same time France stops all imports of 
 British West India produce into the conti- 
 ■ent ? We grow more sugar in our own set- 
 tlements by one half than we can consume at 
 home. Can it be expected that all this (pian- 
 tity, or nearly the whole, will iiud its way 
 
S3 
 
 over in spite of tlie enemy's restraints upon, 
 on r trade? Then, will no prizes be taken? 
 Will no vessels attempting to elude our 
 decrees be brought into British ports ? The 
 cargoes of these nuist be imported, aad sub- 
 jected both to the restrictions of our own Or- 
 ders, and to the prohibitions of the enemy 'i 
 Decrees. They will augment still farther the 
 glut of the home market. Of those which 
 try to escape our vigilance, some will suc- 
 ceed, and thus snpplying in part the demand 
 of the continent, diminish our chance of 
 forcing the enemy to receive our produce. 
 *>. • t^ie trade of Brazil too will now be laid 
 o,.v,ii, and all the sugar which used to supply 
 ' Portugal, part of the ^lediterranean, and 
 rven to find its way into the north of Eu- 
 rope, will now be brought direct to Englam'- 
 The smuggling between the enemy's colo* 
 jiies antl Ihazil will increase this quantity, in 
 proportion as the interruption of the Ameri- 
 can trade with the enemy is effectually en- 
 forced ; and it will be ro easy matter to pre- 
 vent such a rontr;iband on coasts so exten- 
 sive. Indeed, by thr present orders, the 
 Nvholc produce of the enemy's islands may be 
 carried first to North America and tiiencc to 
 Brazil, from whence, as there is no possibi- 
 
 
54 
 
 r; 
 
 I 
 
 lity of" distinguishing it from Brazil produce, 
 it must come to this country ; and no con- 
 ceivable restrictions can prevent this, unless 
 we chuse to decree that mv allies in Brazil 
 shall have j trade with America, and none 
 with ourselves, or the rest of Europe*. 
 
 Supposing, however, that these insupera- 
 ble obstacles did not stand in the way of an 
 immediate relief to the British planters, this 
 relief can only be temporary ; for the produce 
 which we prevent the enemy's colonies from 
 exp>)rting, must be heaped up there, and 
 come over to Europe, at a peace, to the final 
 destruction of our planters. Wq allow them 
 to receive supplies of provisions; we know 
 that rather than throw su<{ar lands out of 
 cultivation, planters will bear years of clear 
 loL- on their estates : can we expect then any 
 oiher erle*.-t from the most compleat success 
 of our j)lan, tlnn a temporary rise of sugars, 
 and a sul)sc(iueut glut of the market increased 
 
 * By tlieslricl httor of the Orders, hostile colonial pro- 
 duoi* may be carried (Iiroiigli America, to tlic ports of al. 
 lii'd powor* in Kiiropc, iinil from thincc to tlu' restricted 
 coun'rie^- ; so that the bloolvadc of tiie enemy's colonics 
 is, itrictly sjieakiiijj, not at all enfjrcod, Hni as this is 
 ihecica iittontof the Ord«'r, December, 18, (he (jiicslion 
 is ur^ttcd as if aouxo supplementary rci«trtclions had beeu 
 inaJo. 
 
.15 
 
 In i.he same proportion, as soon as peace 
 conies, or tlie blockade is raised ? No mea-- 
 sure could be devised more effectual for per- 
 petuating the evils that now oppress the 
 planters, and j)reventing them from appl}ing 
 the only possible remedy, viz. diminishing 
 the cultivation of the great West Jndiaa 
 staples. 
 
 The interruption of the trade which the 
 Americans carry on with the Spanish colonies 
 is somewhat greater than may at first appear. 
 They are not only prevented from importing 
 more of the consumable produce of those 
 settlements, than is sufficient for the home 
 market: they are also, though indirectly, 
 prevented from employing the greater parr of 
 the bullion which they obtain from thence. 
 This bullion is carried by them to the East 
 Indies and China, and purchases the manu- 
 factures of those countries, with which the 
 Americans supply the greater part of Europe. 
 The mono|)oly of our East India comp'iny 
 prevents them from importing those goods 
 into this countrv, and tlie Orders in Council, 
 ot' course, neither do nor can jjcrmit such au 
 importation. The Americans, tlitreforc, can 
 no longer supply the continent with India 
 goods. I3ut it is the sale of thost goods 
 '4 
 

 56 
 
 !'r 
 
 which enables them to pay foj our comtiio- 
 tliHes ; so that by checking their carrying 
 trade to the Spanish main and the East Indies, 
 we in fact destroy a great part of our own 
 market. The same operation, cannot fail to 
 injure exceedingly our Asiatic possessions. 
 While the company's monopoly prevents the 
 capital of this country from finding its way 
 thither> the Americans have, as a matter of 
 necessity, not of choice, been allowed to 
 supply its place, to the incalculable benefit of 
 those fine settlements. Are the same meu 
 who cut off this necessary resource, prepar- 
 ed to throw open the East India trade? If 
 not, (and surely no one would recommend; 
 such a step as a temporary expedient — a war 
 measure adopted on the spur of the occasion) 
 then the Orders in Council, here as every 
 where ch(\ though pointed against neutrals, 
 and professing to aim at the enemy, in fact 
 hit only ourseiivis. 
 
 In arguing this part of the question, care 
 haspurposily been (i!vn to put the case as 
 much as possible, on the j>l..in st and narrow- 
 est views of national advimfnge, that no one 
 might impute to the advcnarics of thenewsys- 
 tem any disposition to refinement, or suppose 
 that the proofs of its impolicy rested upon spc- 
 
 
57 
 
 ' w 
 
 dilative grounds. But more general reasons 
 than those already advanced, are by no means 
 wanting ; and however contemptuously they 
 may be received by the supporters of the //cw 
 Code, they cannot fiail to strike every enligl^t- 
 ened statesman with additional conviction c^f 
 its absurdity. 
 
 If America is in truth our best customer! 
 if she possesses what we require, and wants 
 what we have to export; if the market which 
 she thus furnishes is not only beyond all othei's 
 extensive, but must grow with the rapid growth 
 cf her resources, and continually accelerate 
 the progress of our own ; if from language, 
 l«ws, government, the trade with her inhabi- 
 tants is next to a home, or colonial commerce 
 the most convenient and beneficial that we can 
 carry jn ; if in short, America is, as it were, 
 made for us, and we for her — can any but 
 the veriest driveller in political science,- doubt 
 for a moment that her gains are our gains ; 
 that we are sufTercrs by her losses ; that the 
 less she trades with othernations,the less she will 
 trade with ourselves ; and that to confine her 
 foreign commerce to her trade with Englandr 
 would be to diminish, if not to destroy this 
 trade also. Next to our own territory at^ 
 that of our foreign settlements, were we ai 
 
58 
 
 'It I 
 
 
 
 
 II 
 
 1 
 
 Wise, as we are brave, we should wish well to 
 the American states. The ruin of the great 
 home, and colonial market alone could injure 
 us more than the rurji of the American com- 
 merce; and the impolicy of fettering that com- 
 merce, if it were practicable, would be exceed-- 
 ed only by the folly which all the maritirae 
 nations ia Europe have sooner or later lament- 
 ed— the folly of stunting, by monopolies, the 
 traffic of their foreign settlements. 
 ' Hitherto it has been supposed that the 
 Americans, (which in truth is as much as to 
 say all neutrals, in the present state of things) 
 would submit to our new Orders. But th^ 
 more probable supposition is that they will at 
 once refuse, and even if at first they should not 
 quarrel with us, it can only be in the expec- 
 tation of the restrictions never being enforced. 
 vShould they find us persisting in the execution 
 of these oppressive decrees, levying tribute 
 ujMm all their foreign trade, cutting oil* some 
 of- its most lucrative branches altogether, es- 
 pecially their rovind-about East India com- 
 merce, h is easy (o perceive from their present 
 temper of mind, how speedily they will go to 
 war with us. And this last of all calamities to 
 our commerce — our manufactures — our who'e 
 system at home and abroad, will be the result 
 
 1. 
 
 :;j' 
 
5& 
 
 of attempting to establish a code, alread]^ 
 proved to he not only of no advantage to 
 England, but positively detrimental to her 
 best interests, in the most favorable light in, 
 ^vhich it can be viewed. That additional 
 grounds of complaint may not be wanting, and 
 cxar^jles of follies not necessarily connected 
 with the new system, two regulations are U\r- 
 trcduced, one should think, for the express 
 purpose of making a quarrel, and yet incapable 
 of beingen forced. If a neutral vessel, carrying 
 a cargo not British, has a certificate of this fact' 
 on board, she is seized. The utter disregard 
 of all justice is here as remarkable as the inef- 
 ficacy of the Order. On the one hand it is no 
 retaliation to the French decree ; and on th<? 
 other, unless a neutral is taken very much by 
 surprise indeed, she will have a care that no 
 such " Certificate" nor any document referring 
 to it is ever seen by our cruizcr^. The 
 sale of enemy's ships to neutrals is Ijke- 
 Avise prohibited. Can we wonder if the AmC' 
 ricans object to our forbidding that which we 
 have our.selves so regularly done, Jiat \ve have 
 a standing act of Parliament to facilitate it .^ . 
 Or can we expect that we shall be able to de** 
 tect by looking at a ship under American co-*^ 
 loui-s, the port in which she was built, and the 
 date of her sale to the present possessore ? 
 
66 
 
 f 
 
 if 
 
 * If any thing extraneous to this wretchea ex- 
 periment in commercial policy, could render it 
 more worthy of our pity, it would be the pe- 
 culiar time which has been chosen for the 
 attempt. We may affect to talk'of neutrals, and 
 in arguing the question of right, the particu*- 
 lar nation was a matter of indifference. But it i» 
 in vain that we shut our eyes when discussing 
 the policy of the measure, to the alarming 
 consideration that America is now the only 
 nation to whom this appellation belongs. 
 When the Orders were issued, Government 
 knew v^ell that in a iew days our comnuuTe 
 vith Russia and Austria would be at an end. 
 The unfavoralde dispositions of those powers 
 nuist have been known to the Americans a» 
 soon aS' the Orders reached them. These Or- 
 ders, therefore, are held up to America as 
 an elaborate compilation of every injurious 
 restriction which we can fancy, to lay upon 
 her trade, as a studied system of determined 
 hostility. — They must appear to be, as in reali- 
 ty they arc, pointed against her alone. Is thi« 
 likely to conciliate the powerful party in that 
 country, who we know are averse to us; or 
 is it likely to arm them with new arguments 
 a'»-;iinst our cause? Is this the way to re- 
 claim such of our own friends as were driven 
 
 losite side bv ar^ ** act o, 
 
 to take 
 
 )pp 
 
 >y 
 
 ^f 
 
 m ■■■' 
 
61 
 
 violence" ^' totauthorized," perhaps, 1)ut very 
 tardily disavowed*? Is it by a policy like 
 this that we can hope to retain even our own 
 party; or to give their efforts weight with 
 their countrymen ? At the very moment that 
 the orders were issued, their defenders tell us, 
 the French had proceeded to new acts of vio- 
 lence against the American flag. Was it then 
 like statesmen, or was it like the present Mi- 
 nisters, to run this race of aggression, and 
 eagerly dispatch our violent decrees, least, if 
 we delayed, the French might get the start of 
 us, and the Americans quarrel with our enemies 
 in preference to ourselves ? ; ' 
 
 Unfortunately such infatuated notions are 
 to be found out of the cabinet as well as in 
 it. Hatred of America seems a prevailing 
 sentiment in this country. Whether it be 
 that they have no crown and nobility, and arc 
 on this account not quite a genteel power — or 
 that their manners are less polished than our 
 own — or that wc grudge their independence, 
 and hanker after our old monopoly of their 
 trade — or that they closely resemble us in 
 language, character, and laws — or, finally, 
 that it is more our interest to live well witli 
 them than with any other nation in the 
 world — the fact is undeniable, that thd 
 
 * Sco Kings speech. 
 
bulk of the people Mould fain be at war with 
 them, and those who arc a little wiser would 
 never rest till they make them go to war 
 with France. The former wish is plainly tlie 
 worst of the two; but to desire that America 
 should give up her neutrality is not a great 
 deal wiser. How can she assist u^ or to 
 use the modihh phrase, m.ake common cause 
 with us, against France, half so effectually 
 AS by continuing to trade with both, uhile 
 both are lighting together, and thus preserve 
 our commerce, to whom commerce is so much 
 more essential than to the enemy ? There is, 
 in truth, only one line of conduct, which 
 Americl can adopt more hurtful to us, than 
 that of taking part with us ; and this is tak- 
 ing part with our enemy. If any measures 
 of ours can ensure such a misfortune, the good 
 people of these realms may rest satisfied that 
 the late Orders in Council will answer the 
 purpose. 
 
 And now that which has been said meta- 
 phorically is come to be very nearly matter 
 of plain and sad rcrJity — and we are indeed at 
 war with the wiiole world To make an excep- 
 tion of Sweden is surely drivelling ; to com* 
 foTt ourselves with the alliance of Brazil, is 
 somewhat more excusable; but the consola- 
 tion has not niuch more solidity. If the tradr 
 
 ' 
 
63 
 
 ,\vith Brazil is even considerably exteiuled* 
 ;that of Portugal is gone, and we lose more 
 than we gain upon the whole transaction. The 
 very goods which the new empire furnishes^, 
 are, with a single exeption, those which we 
 want ihc least ; and the traffic in the chief of 
 them will be positively detrimental to us. The 
 new court, too, may be on the whole well dis7 
 posed to us; but our enemy, while he occu^ 
 pies Portugal, has unfortunately a stronger hold 
 in their interests than we have in their aifec-* 
 tions ; and may easily prevent us from mak- 
 ing the most of the little good which the 
 emigration, so /tf/je/y* described both as to it.^ 
 causes and consequences, is capable of yielding 
 us. r^et us not deceive ourselves therefore. 
 Our situation is perilous; and to despise the 
 danger is not to brave it, but to destroy ours- 
 elves in the dark. 
 
 All this, indeed, is only an increase of former 
 evils; and the natural progress of the favourite 
 war system in this country. But il.rre is woO" 
 a circumstance in our situation, of a com-» 
 plexion so new and strange, that it may well 
 appal us beyond all the ordinary evils that 
 
 *Tho contompt of good faith, which is now the fa>, 
 voiirite policy' towards foreign states, has been also exnil 
 bited to the people of this country, in (he late official ac-' 
 counts of the emigration, after. a manrtcr. qtiit« di«igrn(?<ff/l' 
 ttf tha eharacter of the nation. 
 
- !■ 
 
 kl 
 
 1 ; 
 
 :!1 
 
 ei 
 
 surrotind us. Since the last session of Par- 
 liament v/c have indeed lost our allies ; and 
 added four or five enemies to our list ; 
 vre have almost quarreled with our kinsmen in 
 America, and are not without prospect of a 
 civil war still nearer home. But all this 
 astonished no one. — There remained one deed 
 of shame to do, which should for ever blast our 
 reputation in the face of the world ; and leave 
 Us not merely surrounded with dangers, and op- 
 pressed with misfortune^ but deprived of cou- 
 rage to face the one, and fo?:titude to bear the 
 other. Once we might have defied both to 
 intimidate or subdue us. But we no longer 
 have the boldness of a just and innocent na- 
 tion. — *' Our conscience makes cowards of 
 us." — And " a wounded spirit, who can bear ?'* 
 Compared with this calamity, indeed, all 
 that we have been contemplating in the fore- 
 going pages sinks into nothing. But there is 
 in many points a striking resemblance between 
 the two cases ; and it requires but the eye of ^ 
 cursory observer to trace in the contempt of 
 all public justice, constitutional law, and 
 Kound policy, which marks thcOiders in Coun- 
 cil, the work of the same hands that sacrificed 
 the British charactei-aj Copenhagen, 
 
APPENDIX 
 
 Ot 
 
 »J 
 
 STATE PAPERS, 
 
 
 statutes. 
 
 Axo 
 
 AUTHORITIES. 
 
i 
 
 « 
 
67 
 
 APPENDIX. 
 No. I. 
 
 I'rench Decree of Kovemler 21, 1S06. 
 
 Article 1. The Critish Isles are declared in a state 
 of blockade. 
 
 2. AH trade and all correspondence with the British 
 Isles are prohihited. 
 
 Consequently, all letters or packets that are addressed 
 to Knglaiul, or to En^jflishmen, or which are written 
 in the English language, shall not henceforth be for- 
 warded by post, jut shall be seized. t 
 
 3. Every individual English subject, of whatever 
 rank or condition, who shall be found in any country 
 occupied by our troops, or the troops of our allies, 
 shall be considered as a prisoner of war. 
 
 4. Every magazine, every kind of merchandise, 
 every species of property, be it what it may, which 
 belongs to an English subject, shall be considered as 
 lawful prize. 
 
 b. Trade in English merchandise is prohibited; and 
 all merchandise that belongs to England, or that is 
 the produce of her manufactures or colonics, is de- 
 clared lawful prize. 
 
 6. A moiety of the produce of the confiscated pro- 
 perty, which, by the foregoing articles, is declared 
 lawful prize, shall be ai)pr()priated to the merchants, 
 to indemnify thcni for the loss they have sustained 
 
 f2 
 
l! I 
 
 68 
 
 Ifl 
 
 Hi 
 
 M 
 
 ■ l! 
 
 I i 
 
 from the capture of their merchant vessels by 
 English cruizers, 
 
 7. No ship which comes direct from England, or 
 the English colonies, or which shall have been theirs, 
 after the publication of the present decree, shall be 
 permit fed to enter any of our harbours*. 
 
 8. Every ship trading by means of a false declara- 
 tion, in contravention of the above-mentioned regula- 
 tions, shall be detained, and the ship and lading shall 
 be confiscated, as if they were Eiglish property. 
 
 9. Our Tribunal des Prises at Paris is invested with 
 the power of definitively deciding all questions which 
 may arise within our empire, or in the countries oc- 
 cupied by the French armies, in respect to the exe- 
 cution of -^ur present decree. Our Tribunal dcs Prises 
 at Milan is invested with the power of definitively de- 
 ciding such questions as may arise within the limits 
 of our kingdom of Italy. 
 
 10. The communication of the present decree shall 
 be made by our Minister of Foreign Relations to the 
 Kings of Spain, Naples, Hollund, and Etruria, and 
 to our other allies, whose subjects, arc, as well as 
 our own, the victims of the injuiitice and barbarism of 
 the IC»glish maritime code. 
 
 1 1 . Our ministers ot fo'cign relations, . war, ma- 
 rine, finau.^, and police, and our director general of 
 the posts, are, in their respective departments charged 
 with the CA-GUtion ot our present decree. 
 
 * This article gives no power whatefcr to seize, even 
 ships (Mitoring French harbours from England direct ; 
 much less is seizure on tiie voyage authorized. 
 
 h: 
 
eo. 
 
 V-1 
 
 "TO 
 
 M •;; 
 
 • 1 , r. 1 j '> I 
 
 No. II. 
 
 
 Translation of an Official Note from M. Decres, 
 thz French Minister of Marine y to General Arm- 
 strongy envoy of the United States of America. 
 
 Parisy 2UhOct. 1806. 
 
 I hasten to reply to the note which you did me the 
 honour to communicate on the 20th of this month. 
 
 I am of opinion that the Imperial decree of Nov. 
 21, does 7iot in i*s present shape alter the regulations 
 now in fores in France on the subject of neutral na- 
 vigation, nor consequently affect the convention of 
 Sept. 30, 1801, with the United §tates. " 
 
 But although by this answer I have fully resolved 
 the four questions submitted to me by your Excel- 
 lency, I think I may add — 1st. That as the declara- 
 tion contained in the first article of the decree, Nov. 
 21, does not alter the present French code of mari- 
 tine capture, it is unnecessary to examine what con- 
 struction, restriction, or extension may be given to 
 this article.— 2. That capture, contrary to the existing 
 laws, will not accrue to tlie benefit of the captors.— 
 3. That an American vessel cannot he takr at sea^ 
 merely because :he is sailing to or returning Jrom an 
 English portf and for this reason — that by the 7th 
 article of the decree we can do no further in France 
 than merely exclude from our ports, vessels coniiug 
 from England or Eng^lish colonics.— . . That as the 
 regulations of articles 2 and 5 a.c in the nature of a 
 
7< 
 
 .fii^-t'i 
 
 genera' '> ,1% iliey vapply to foreigners tlomiciliatcd in 
 France, or in countries occupicJ by the troops of his 
 Majesty the Emperor and King ; but that it would be 
 proper for your excellency o refer to the minister of 
 exteric. relations, as o that part which conccns thr 
 comtnunication of citizens of the Ut'ted Stat.s witii 
 England. 
 
 I beg- your excellency to accept tht 
 ray high consideration. 
 
 (Signed) 
 T J the >Iinisti^i' Pienip'^'tentiary 
 of the i'"i'f,cd 9tut.cs. 
 
 No III. 
 
 viisurance of 
 DECRi;S. 
 
 I 
 
 ' ! 
 
 i.l 
 
 '■fi 
 
 1 
 
 ! H 
 
 ■M 
 
 Order f)/' Council 0/ 7 t'l Jan, 1807- 
 
 Whcu'as the French governtnent has issued certain 
 orders, wijich, in violation of the usages of war. 
 purport to prohibit tlic commerce of all netttral 
 j.ations with his Majesty's dominions, and also to pre- 
 vjtit such nations from trading with any other coun- 
 try, in any articles the growth^ produce, or manufac- 
 ture of his Majesty's dominions : 
 
 And whereas, the said government has also taken up- 
 on itself to declare ?11 his Majesty's dominions to h*i 
 in » 5.tate of blockade, at a tioie when the flecti of 
 France and her allies arc themselves contincd within 
 their own ^Drts by the superior valour and discipUnc 
 of the British navv : 
 
 And whereas such attempt* on the part of the en ^, v 
 would give to hii Majesty an unquestionable rig- -> 
 retaliation, and w« ■ warrant hii Majcst) . ^ <c- 
 
 i 
 
71 
 
 I) 
 lis 
 
 A- 
 ir 
 tii 
 
 ing the same prohibition of all commerce with 
 France, which that powf.r vainly hopes to effect 
 against the commerce o( his Majesty's subjects; a 
 prohibition wliich the superiority of his Majesty'i 
 naval forces might enable him to support, by actually 
 investing the ports and coasts of the enemy with nu- 
 merous squailrons and cruizcrs, so as to make the 
 entrance or approach thereto manifestly dangerous. 
 
 And whereas his Majesty, though unwilling to fol- 
 low the example of his enemies, by proceeding to an 
 extremity so distressing to all nations not engaged in 
 the war, and carrying on their accustomed trade, yet 
 feels himself bound by a due regard to the just defence 
 of the rights and interests of his people, not to suffer 
 such measures to be taken by the enemy, without tak- 
 ing some steps on his part to restrain this violence, 
 and to retort upon them the evils of their .own in- 
 justice: 
 
 His Majesty is therefore pleased, by and with the 
 advice of his privy council, to order, and it is hereby 
 oi-dered, that no vessel shall be permitted to trade 
 from one port to another, both which ports shall be- 
 long to or be in the possession of France or her allies, 
 or shall be so far under their control as that British 
 vessels may not freely trade thereat: And the com- 
 manders of his Majesty's ships of war and privateers 
 shall be, and are hereby instructed to warn every 
 neutral vessel coming from any such port, and des- 
 lined to aiiOiHcr such port, to discontinue her voyage, 
 uid not f* i>rocced to any such port j and any vessel 
 
 i 
 

 
 
 t I 
 
 •if 
 
 7$ 
 
 after being so warned, or any vessel coming frcra any 
 such port; after a reasonable time i^hall have been 
 afforded for receiving information of this his Majesty's 
 oruer, which shall be found proceeding to another 
 such port^ shall be captured and brought in^ and^ 
 together with her cargo, shall be condemned as 
 lawful prize. And his Majesty's principal secretaries 
 of state, the lords commissioners of the admiralty, and 
 the judges of the high court of admiralty and courts of 
 vice-admiralty, are to take the necessary measures 
 herein, as to them shall respectively appertain. 
 
 (Signed) W, FAWKENER. 
 
 . No. IV. ] 
 
 French Decree, Dece.nler 96, 1807, 
 
 Napoleon, emperor of the French, king of Italy, and 
 protector of the Rhenish confe4pration : — Observing 
 the measures adopted ly the British government, on 
 the I \th of November last, by which vessels belonging 
 to neutral, friendly, or even powers the allies of Eng- 
 land, are made liable, not only to be searched by 
 English cruizers, but to be compulsoiily detained in 
 England, and to have a tax laid on them of so much 
 per cent, on the cargo, to be regulated by the British 
 legislature — observing that by these acts the British 
 government denationalizes ships of every nation in 
 Europe, that it is not competent for any government 
 to detract from its own independence and rights, all 
 the sovereigns of Europe having of trust the sovereign- 
 ties and independence of the flag ; that if by an uu- 
 
73 
 
 pardonable weakness, and which, in the eyes of pos-' 
 terity, would be an indelible stain, such a tyranny" 
 was allowed to be established into principles, and con- ' 
 secrated by usage, the English would avail^ themselves 
 of it to assert it as a right, as they have availed them- * 
 selves of the tolerance of governments to establish" 
 the infamous principle, that the flag of a nation does"^ 
 not cover goods, and to give to tiieir right of blockade 
 an arbitrary extension, and which infringes on the so- " 
 vereignty of every state ; we have decreed and do 
 decree as follows: , t. — •-. i=; . a .■■ 
 
 Arr. 1. Every ship, to whatever nation it may be- 
 long, that shall have submitted to be searched by an 
 English ship, or to a voyage to England, or that sliajl 
 have paid any tax whatsoever to the English govern- 
 ment, is thereby, and for that alone, declared to be 
 denationalized, to have forfeited tlie protcotion of 
 its king, and to have become English property, .> i. . 
 
 2. Whether the ships thus denationalized by the 
 arbitrary measures of the English government, enter 
 into our ports, or those of. our allies, or whetiier they 
 fall iflto the hands of our ships of war, or of our pri-r-;. 
 vateers, they are declared to be goi)d and lawl'ijl prizos,^;,! 
 
 3. The British islands are declared to be in a state . 
 of blockade, both by land and sea. Every ship of 
 whatever nation, or whatsoever tiie nature of its cargo 
 may be, that sails from the ports of England, or tliosv 
 of the English colonies, and of the countries occupied 
 by English troops, and proceeding to England* or to 
 the English colonies, or to countries occupied by 
 English troops, is good and lawful prize, au contrary 
 to '' " cccnt decree, and may be capture. I by our 
 
 ..^ ^--^ j^^: 
 
74 
 
 \i 
 
 I Ml 
 
 ships of war, or our privateers, and adjudged to the 
 captor. 
 
 4. I'hese measniL,;:, L -ii are resorted to only in 
 just retaliation cr tlic ^aibarous system adopted by 
 Enghind, whicii assimilates its legislation to that of 
 Algiers, shall cease to have any effect with respect to 
 all nation'^, who shall have the firmness to compel the 
 English government to respc.t liicu nag. T! .^y sliall 
 continue to be rigorously in force as long as that go- 
 verh-nent does not return to the principle of the law 
 of nations, which regulates the relation of civilized 
 states in a state of war. The provisions of the present 
 decree shall be abrogated and null, in fact, as soon as 
 the English abide again by the principles of the law of 
 nations, which are also the principles of justice and 
 honour. 
 
 All our ministers are charged with the execution of 
 the present decree, which shall be inserted in the 
 bulletin of the laws. 
 
 t ! 
 
 In 
 
 iiil 
 
 No. V. 
 
 Order of Council. Hth Nr ember 1807. 
 
 Whereas certain orders, establishing an unprece- 
 dented system of ^v;. fare against this kin^-doni, and 
 aimed especially at the destructicu of its commerce 
 and resources, were some time «*!' ce, issued by the 
 government of France, b; which '* the Britisli 
 islands were declared to \ a - ate of blockade," 
 
 thereby subjecting to capluie and condemnation all 
 
 f 
 
>esselh with iheir cargoes, which should costiime to 
 trade with his Mujesty's dominions. 
 
 And whereas by the same orders, " all trading in 
 English merchandise is prohibited, and every article 
 of merchandise belonging to England, or coming from 
 her colonies, or of her manufactures^ is declared law- 
 ful prize:" 
 
 And whereas the nations In alliance with France, 
 and under her control, were required to give, and 
 have gi?en, and do give effect to such orders : 
 
 And whereas his Majesty's order of the 7th of Ja- 
 nuary last, has not an ered the desired purpose, either 
 of compelling the enemy to recal those orders, or of 
 inducing neutral nations to interpose -with effect, to 
 obtain their revocation, but, on the contrary, the same 
 have been recently enforced with increasing rigour : 
 
 And whereas his Majesty, under these circum- 
 stances, finds himself compelled to take further mea- 
 sures for asserting and vindicating his just rights, and 
 for supporting that maritime power, which the exer- 
 ti'ms and valour of his people have, under the blessing 
 Oi Providence, enabled him to establish and maintain; 
 and the maintenance of which is not more essential to 
 the safety and prosperity of his Majesty's dominions, 
 than it is to the protection of such states as still retain 
 their independence, and to the general intercounu; uid 
 happiness of mankind. 
 
 His Majesty is therefore pleased, by and with the 
 advice of his Privy Council, to order, and it is 
 hereby ordered, ihatallthe ports and places of France 
 and her allies, or of any other country at war with his 
 Majesty, and all other ports or places in Europe, from 
 
76 
 
 i»? ii 
 
 ft ) :1s 
 
 whiqb, although not at war with his Majesty, the 
 British flag is excluded, and all ports or places in the 
 colonics belonging to his Majesty's enemies, shall, 
 from henceforth, be subject to the same restrictions, 
 in point of trade and navigation, with the exceptions 
 herein-after mentioned, as if the same were actually 
 blockaded by his Majesty's naval forces, in the most 
 strict and rigorous manner. 
 
 And it is hereby further ordered and declared, that 
 all trade in articles which arc of the produce or ma- 
 ni^f*cture of the said countries or colonies, shall be 
 (Jeemed and considered to be unlawful ; and that every 
 vessel trading from or to the said countries or co- 
 lonies, together with all goods and merchandise on 
 board, and all articles of the produce or manufacture 
 of the said couiitries or colonies, shall be captured, 
 and condemned as prize to the captors. 
 
 Bui although his Majesty would be fully justified^ 
 by the circumstances and considerations above re- 
 cited, in establishing such system of restrictions with 
 respect to all the countries and colonies of his ene- 
 mies, without- exception or qualification j yet his 
 Majesty, being nevertheless desirous not to subject 
 neutrals to any greater inconvenience, than is abso- 
 lutely inseparable from the carrying into effect his 
 Majesty's ju5t determination to counteract the designs 
 of his enemies, and to retort upon his enemies them- 
 selves the consequences of their own violence and 
 injustice j and being yet willing to hope that it may 
 be possible, consistently with that object, still to allow 
 to neutrals the opportunity of furnishing themselves 
 wiiJi colonial produce, for their own consumption 
 
Shd supply ; and even to leave open, for the pi-esehf; 
 such trade with his Majesty's enemies, as shall be caM 
 ricd on directly with the ports of his Majesty's do- 
 minions, or of his allies, in the manner herein-aftef 
 mentioned : his Majesty is therefore pleased further 
 to order, and it is hereby ordered, that nothing hierein 
 contained shall extend to subject to capture or con- 
 demnation any vessel, or the cargo of any vessel, be- 
 longing to any country not declared by this order, to 
 be subjected to the restrictions incident to a state of 
 blockade, which shall have cleared out with such car- 
 go from some port or place of the country to which 
 she belongs, either in Europe or America ; or fiiam 
 some free port of his Majesty's colonies, under cir- 
 cumstances in which such trade from such free port 
 is permitted, direct to some port or place h\ the ct)- 
 lonies of his Majesty's enemies, or from those colo- 
 nies direct to the country which such vessel belongs, 
 or to some free port in his Majesty's colonies, in such 
 cases, and with such articles as may be lawful toimi 
 port into such free port : • -'.;'. 
 
 ' Nor to any vessel, or the cargo of aWy vfcssd, Vi* 
 longing to any country not at war with his Majesty, 
 which shall have cleared out from some port or plac6 
 in this kingdom, or from Gibraltar or Malta, undei? 
 such regulations as his Majesty may think fit to pre- 
 scribe, or from any port belonging to his Majesty's 
 allies, and shall be proceeding direct to the spot spe-i 
 cified in her clearance : • ' 
 
 Nor to any vessel, or the cargo of any VesSel, be- 
 longing to any country not at war with his Majestyj 
 which shall be coming from any port or place in Eu- 
 
•il 
 
 78 
 
 rope which is declared by this order to be subject to 
 the restrictions incident to a state of blockade, des- 
 tined to some port or place in Europe belonging to 
 his Majesty, and which iiiall be on her voyage direct 
 thereto : 
 
 But these exceptions are not to be understood as 
 exempting from capture or confiscation any vessel or 
 goods, which shall be liable thereto, in respect of 
 having entered or departed from any port, or place 
 actually blockaded, by his Majesty's squadrons or 
 ships of war, or from being enemiei^ property, or for 
 any other cause than the contravention of this present 
 order. 
 
 And the commanders of his Majesty's ships of war 
 and privateers, and other vessels acting under his 
 Majesty's commission, shall be, and are hereby, in- 
 structed to warn every vessel which shnll have com- 
 menced her voyage prior to any notice of tliis order, 
 and shall be destined to any port of France, or of her 
 allies, o: of any other country at war with his Majes- 
 ty, or to any port or place from which the Biitisii 
 flag as aforesaid is excluded, or to any colony be- 
 longing to his Majesty's enemies, and which shall not 
 have cleared out as is hercin-bcfoie allowed, to dis- 
 continue her voyage, and proceed to some port or 
 place in this kingdom, or to Gibraltar or Malta. 
 
 And any vessel which, after having been so 
 warned, or after a reasonable time shall have been 
 alfordcd for the arrival of information of this his 
 Majesty's order at any port or place from which she 
 nailed, or which after having notice of thi$ order. 
 
 
79 
 
 )t 
 
 i- 
 
 )r 
 
 >o 
 ;n 
 lis 
 le 
 jr, 
 
 ihall be found in the prosecution of any voyage con- 
 trary to the restrictions contained in this order, shall 
 be captured, and together with her cargo, condemned 
 as lawful pi iae tr> the captors. 
 
 And whereas countries, not engaged in the war, 
 have acquiesced in the orders of France, prohibiting 
 all trade in any articles the produce or manufacture of 
 his Majesty's dominions ; and the nierchanii af those 
 coumries have given countenance and effect to those 
 prohibitions^ by accepting from persons, styling 
 themselves commercial agents of the enemy, resident 
 at neutral ports, certain documents, termed " Certi- 
 ficates of Origin," being certificates obtained at the 
 ports of shipment, declaring that the articles of the 
 cargo arc not of the produce or manufacture of his 
 Majesty's domituons, or to that ctFcct: And whereas 
 this expedient has been directed by France, and sub- 
 mitted to by such merchants, as part of the new 
 system of warfare directed against the trade of this 
 kingdom, and as the most effectual instrument of ac- 
 complishing the same, and it is therefore essentially 
 necessary to resist it : 
 
 His Majesty is therefore pleased, by and with 
 the advice of his Priry Council, to order, and 
 it is hereby ordered, that if auy vessel, after 
 reasonable time shall have boon afforded for receiv- 
 ing notice of this his Majesty's order, at the port 
 or place from wi)ich such vevsel shdll have cleared 
 out, shall be found carrying any such certificate, or 
 document as aforesaid, or any document referring, 
 to or authenticating the same, such vessel shall 
 

 I 
 
 
 ;l 
 
 I : I 
 
 ■I 
 
 \^ 
 
 X 
 
 80 
 
 be Adjudgctl lawful prize to the captor, together 
 with the goods laden therein, belonging to the person 
 or persons, by whom or on whose behalf, any such 
 document was put on board. 
 
 And the Right Honourable the Lords Commis- 
 sioners of his Majesty's Treasury, his Majesty's Prin- 
 ripal Secretaries of State, the Lords Commissioners 
 of the Admiralty, and the Judges of the High Court* 
 of Admiralty aud Courts of Vice-Admiralty, are to 
 take the necessary measures herein, as to them shall 
 respectively appertain, 
 
 WM. FAWKENER. 
 
 No. VI. 
 
 Second Order in Council, N'ov. II, 1807. 
 
 Whereas articles of the growth and manufacture 
 of foreign countries cannot by law be imported into 
 this coui¥try, except in British ships, or in ships be- 
 longing to the countries of which such articles are the 
 growth and manufacture, without an order in council 
 specially authorising the same.* 
 
 * The preamble mis-states the lavf completely. The 
 Navigation Act docs not prohibit all articL'S of foreiga 
 grovi'th, &c. It only prohibits certain euumoreted ar- 
 
 » 
 
 i 
 
 i i 
 
81 
 
 ilis majesty, taking into consideration thr order of 
 this day's date, respecting the trade to be carried ori 
 to and from the ports of the enemy, and deeming it 
 expedient that any vessel belonging to any country in 
 alliance, or at amity with his majesty, may be per- 
 mitted to import into this country, articles of the 
 produce or manufacture of countries at war with his 
 majesty: 
 
 His majesty, by and with the advice of his privy 
 council, is therefore pleased to order, and it is hereby 
 ordered, that all goods, wares, and merchandises, 
 specified and included in the schedule of an act, 
 paseed in the forty-third year of tiis present majesty's 
 reign, intituled, " An act to repeal the duties of 
 customs payable in Great Britain, and to grant other 
 duties in lieii thereof," may be imported from any 
 port or place belonging to any state not at amity with 
 his majesty, in ships belonging to any state at amity 
 with his majesty, subject to the payment of such 
 
 ^i>»^ ■ I I I I ■ ■ ■! I I I . ■ I . ■■ ■ ■ I — I M I i i !■! ■ ■ ■ ■ .1 ■.» ■■■ ■■■! ■■^^■■l» ■■ i m i^mmm^m^^K^a^mmtai^^l*,* ■ 
 
 ticlos, as the produce of Muscovy and others. The power 
 to siiHponil tiic imvigalion act, j^lvdii dining this war by the 
 Ptttt. 43 Geo. ill. c. 15T, enables his M»jesty to siispMid 
 It only with respect to (he trade earr'^d on by foiviguers 
 between om ports and the enemy's ports, lirdi^'d theenuct. 
 inj^ part of Ihi . necond <,rdi.«T, (if we misi nov a|)|)ly to the 
 procl.inialions of the crov.n, (ernis formerly reser cd for 
 nets of ihe Ir^i'^latiuc)) *"dy suspend i\ui Navigation Act 
 With respect ir> enemy's porls, and liMv.s the importation 
 /by neutrals of divers arliih's from restricted ports, not hos- 
 tile, utill utterly illegal, though imposed iipot) tiittm h) the 
 fimt Order. 
 
 C 
 
il 
 
 8^i 
 
 1 >l 
 
 m 
 
 &' ' 
 
 n i* 
 
 ci itifs, ;i;k1 li-('>)ic to such drawbacks a?! are now as- 
 tablishcu bv Luv upon the iniportalK^u of the said 
 ^.otn's, wArcs, or merchandize, in ships navigated ac- 
 cording lo law ; and with rcsptct to such of the said 
 good.-, u arc^;, or merchandize, as are authorized to be~ 
 n arelioused under tlic j>i()visions of an act, passed in 
 the I'orlv-third year oF his present Mrjesty's reign, 
 i'uitiiled, *' An act for permitting certain goods im- 
 ported into Great Britain, to be secured in warehouses 
 \vith(;ut payment of duty," subject to all the re^-ula- 
 tions of the said last mentioned act; and with nspect 
 to all articles which are prohibited by law fron. being 
 imported into t.hi? country it is ordered liiat the same 
 shall be reported for exportation to any country in 
 cunity or alliance with his Majesty. 
 
 And his Majestv is further pleased, by and with 
 the advice of his privy council, to order, and it is 
 hereby (.relf red, That all vessels which shall arrive 
 .'itaav port of t.he uuited kingdom, or at Gibraltar or 
 Malta, in consecpicuce of haviu*;^ been warned i)ur- 
 !«uant to the aforesaid order, or in cousequenci of 
 rccciviiiij; information in any other ujanner, (u" the 
 .-aidordrr suhsc(iueiU to their having taken on bjard 
 any part of dii'ir car^roes, whether previous or subse- 
 quent 10 their ^ailing, shall be permitted to report thtir 
 cargoes for rxporlaiiou, and shall be allowed to pro- 
 ceed unon their vovacres to their orii;inal port^ ot 
 destination, (if not unlawful biforc the issuing of the 
 vaid order,) or lu any port at amity v. ilh his Majesty, 
 unr.n rceciviii'j; a errtificale front the eollrctor or 
 t)om;\r(il;ir ol' liir ciistr-ms at the port at which the) 
 vlnch (•(.Milleaie ihc ^-aid eollocloi^ 
 
 Hh. 
 
 -. ') inUr, 
 
-7 
 
 83 
 
 and comptrollers of the customs are hereby authorized 
 and required to give^) setting forth that such vessels 
 came into such port in consequei.ee of being so warn-' 
 ed, or of receiving such information as aforesaid ; 
 and that they were permitted to sail from such povl 
 under the regulations which his Majesty has been 
 pleased to establish in respect to such vessels. But in 
 case any vessel 80 arriving shall prefer to import her 
 cargo, thcti such vessel shall be allowed to enter and 
 import the same, upon such terms and conditions aS 
 the said cargo might have been imported upon, ac- 
 cording to law, in case the said vessel had sailed after 
 having received notice of the said order, and in con- 
 formity thereto. 
 
 And it is further ordered, that all vessels which 
 shall arrive at any port of the united kingdom, or at 
 Gibraltar, or Malta, in conformity and obedience to 
 the said order, shall be allowed, in respect to all ar- 
 ticles which may be onboard the same, xcept sugar, 
 coflee, wine, brandy, snuff, and tobacco, to clear out 
 to amy port whatever, to be specified in such rlenrpr.r-p; 
 and, with respect to the Jast-mentbned articles, to 
 export the same to such ports, and under such con- 
 ditions and regulations only, as his Majesty by any 
 licence to be granted J or that purjiose, may direct. 
 
 And the right honourable the lords commissioners 
 of his Majesty's treasury, hii Majesty's principal 
 secretaries of state, the lords commissioners of the 
 admiralty, and the judges of the high court ol" admi- 
 ralty and courts of vice- admiralty, arc to take the 
 necessary measures herein as to them may respectivelv 
 
 appertain. 
 
 OS W. FAWKENER. 
 
 
hi 
 
 No. VII. 
 
 Thifd Order in Coimcil, Nov. 11. 1807. 
 
 '<! 
 
 1 
 
 Sl^i 
 
 \ 
 
 Whereas the sale of ship3 by « bellig'crent to a 
 neutral is considered by France to be illegal : 
 
 And whereas a great part of the shipping of Franc* 
 and her allies has been protected from capture" during 
 ihe present hostilites, by transfers, or preterded trans- 
 iers, to neutrals: 
 
 And whereas it is fully justifiable to adopt the same 
 ^'ide, in this respect, towards the enemy, which is 
 -))plied l)v the enemy to this country. 
 
 His Majesty is pleased, by and with ne advice of 
 his privy council, to order, and it is hereby ordered, 
 Thai in future the sale to a neutral of any vcp-icl be- 
 longing to his Majesty's enemies, shall not be deemed 
 t.o he legal, nor in any manrer to transfer the pro- 
 perty, nor to alter the character of such vessel : and 
 al] Vfissels. i)ow bi longing, or which shall hereafter 
 .ly enemy of his Majesty's, notwithstanding 
 .c, or pretended sale to a neutral, after a rea- 
 ,Adh\t time shall have elapsed for receiving infonn- 
 ation of this his Majesty's order at the place where 
 "juch sale, or pretended sale, was efleeted, shall be 
 captured and brouglit in, and shall be adjudged as 
 lawful f>vi/e to the captors. 
 
 A'ad the right honourable the lorda commissioners 
 of his Mijesly's treasury, his majesty's principal 
 irciMlHiles of slate, the lords commissioners of the 
 
85 
 
 atliuiiwUy, and the jii Ves <if tlie high court of admi- 
 ralty and courts of vicc-adniiraily, are to take the 
 necessary measures herein as to iheni shall respec- 
 tively appertain. 
 
 W. FAWKENER. 
 
 No. VIII. 
 
 Extract of Instructioirs to Comviatuhrs of Ships of 
 WaVy November 18, 1807. 
 
 Our will and pleasure is, and we do hereby direct, 
 by and with the advice of our Privy Council, that the 
 commanders of our ships of war and piivateers, do 
 act m due conformity to, and execution of, our 
 aforesaid order in council : And we do further 
 order and declare, that nothing in the said order shall 
 extend, or be construed to extend, to prevent any 
 vessel, not belonging to a country declared to be un- 
 der the restrictions of blockade as aforesaid, from 
 carrying from any port or place of the country to 
 which such vessel belongs, any articles of manufac- 
 ture or produce whatever, not being enemy's pro- 
 perty, to any port or place in this kingdom. 
 
 No. IX. 
 
 Additional Instruction to Cruixrrs, IQih Nov, 1807. 
 
 Our will and pleasure is, that vessels belonging to 
 any state not at war with us, laden \vit!i cargoes in 
 any ports of the united kingdom, and clcariiitr out 
 according to law, shall not be interrupted or'.nolcsted 
 
V.li|i 
 
 I 
 
 i 
 
 r 
 
 '!^! 
 
 86 
 
 in proceeding to any part in Europe, (except ports 
 specially notified to bcin a state of strict and rigorous 
 blockade before our order of the 1 Itli of November 
 instant, or which shall hereafter be so notified,) to 
 whomsoever the goods laden on board such vessels 
 may appear to belong : And we do furtlier direct, 
 that vessels belonging as aforesaid, coming from any 
 port in Europe, 'except as before excepted,) direct to 
 any port of the united kingdom with goods for im- 
 portation, shall not be interrupted in the said voyag<.-, 
 to whomsoever the o-ootjs laden on board the said 
 vessels may appear to belong : And in case any vessel 
 which shall be met with and asserted by her master to 
 be to coming, siiall be detained on suspicion of not 
 being really destined to this kingdom ; such vessel 
 shall be brought to the most convenient port in the 
 course of her asserted destination, and the captors are 
 hereby required to inquire with all convenient speed 
 into the alleged destination ; and in case any ves- 
 sel and goods so brought in and detained, shall be 
 proceeded against in our High Court of Admiralty or 
 in any courts of Vice-Admir.dty, we hereby direct, 
 that the same shall he forthwith restored upon satis- 
 factory proof bving made that the cargo was coming 
 for importation to a port of this kingdom *. 
 
 By hii Majesty's command, 
 
 HAWKESBURY. 
 
 — ' » ' I I II 
 
 • These instructions seem to be contrary to the navi- 
 gation law. The courts arc directsd to restore neutral 
 ships detaiued with cargoes from any restricted countries, 
 on proof that they werecomnig for importation here. But 
 
 U- 
 
 if ! 
 
 '11 
 
87 
 
 No. X , 
 
 First addition ' Order, 25th November, 1807. 
 
 Whereas I'r has been reprcscntel that it wouUl 
 be expedient to fix certain perioils, at winch it shall 
 be deemed that a reasonable time shall h.ive elapseil 
 for receiving information, at dilff-reut places, ot" his 
 Majesty's order in council of the llt!i ol' November 
 instant, respecting the trade with his Majesty's ene- 
 mies, and in their produce and manufactures ; his 
 Majesty taking the same into consideration, and 
 being- desirous to obviate any difficulties that may 
 arise in respect theieto, and also to allow ample time 
 for the said order being known to all pcrsjus, who 
 may be affected thereby, is please.!, by an 1 wirh the 
 advice of his Privy Council, to order and declare, and 
 it is hereby oi'dercd and declared, tliat information of 
 the said order of the 1 Jth of November instant, shall 
 be taken and held to have been received in ihf places 
 herein-after mentioned, at the periods respectively 
 assigned to them ; namely, 
 
 fi 
 
 Ports and places within the Baltic — December 21, 
 1607. 
 
 the Second Order of Novembrr 1 1, only anfliorizes the 
 imporfa-fioa of goods by nt-utca's from belligerent ports, 
 not from any cfher restrieted ports ; and, as we rim;trkcd 
 before, the order wouhl have been illegal b) the Nav. Act, 
 coupled with IJ Geo. III. c. 163 had it gone any farther. 
 Th«se iiLstraetions are therefore (|inte illeg.d. 
 
88 
 
 Other ports and nir'cf s to the northward of Amster-f 
 dam — December i I, IS07. 
 
 From A.uj8terdam to Ushant — December 4, 180?. 
 
 From Ushaiit to Cape Finisterre — December 3, 
 1807. 
 
 From Cape Finisterre to Gibraltar, inclusive, Dec. 
 13, 18Q7. 
 
 Maderia — December 13, I8O7. 
 
 Ports and places within the Streights of Gibraltar 
 to Sicily and Malta, and the west coast of Italy, 
 inclusive, January 1, 1808. 
 
 All other ports and places in the Mediterranean be- 
 yond Sicily and Malta, January 20, 1808. 
 
 Ports and places beyond the Dardanelles — February 
 1, 1808. 
 
 Any part of the north and western const of Africa, 
 or the islands adjacent, except Maderia — Jan- 
 uary 1 1, lj.:j8. 
 
 The Und, I) Sr.Ues, and British possessions in North 
 America ;ind tl)e West Indies — January 20, 
 
 isos. 
 
 Cape of Good Hope, and the east coast of South 
 
 America. ...Marcii 1, ISOS. 
 India.. ..May I, 1808. 
 China, and the coast of South America.. ..June J, 
 
 1808. 
 
 '• 
 
 And every vessel sailing on or after those days, 
 from tiiose places respectively, shall be deemed and 
 taken to have received notice of the aforesaid order. 
 
 And it is further ordered, that if any vessel shall sail 
 within twenty days after die periods above assigned 
 
 [1 
 I 
 
89 
 
 * » 
 
 -.. cssel shall 
 lU be brought 
 (■(' iSf.L com- 
 ire ihq intoi - 
 .y hern received 
 
 respectively, from any of the said places, in contra^ 
 vemirii of tho said order of the 1 It'i of November in- 
 stant, md shah be dety,ined as prize on account there- 
 of, or shah arrive at any port in this kingdom, destin- 
 ed to some port or place within the rcstr.iction of the 
 said order, and proof shall be m- ' - to thr '-atisfaction 
 of the court of admiralty, 
 be proceeded against, in case ' ; % 
 in as a prize, that the loadin 
 menced before the said periodb^ 
 mation of the said order had act 
 at the port of shipment, the said vessel, together with 
 the goods so laden, shall be restored tc the owner or 
 owners thereof, and shall be permitted to proceed oa 
 her voyage, in such manner, as ifsuc'i vessel had sail- 
 ed before the day so specified as aforesaid. 
 
 And it )s further ordered, that no proof shall be 
 admitted, or be gone into, for the purpose of shewing 
 that information of the said order of the 1 1th of No- 
 rember instant had not been received at the said places 
 respectively, at the several periods before assigned. 
 
 And the right honourable the lords commissioners 
 of his Majesty's treasury, his Majesty's principal se- 
 cretaries of state, the lords commissioners of the 
 admiralty, and tlic judges of the high court of admi- 
 ralty and courts of vice-admiralty, are to take the ne- 
 cessary measures herein as to them respectively ap- 
 pertain. 
 
 W, FAWKENER, 
 

 IMAGE EVALUATION 
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 1.6 
 
 
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 J^K^J^ J' 
 
 /. 
 
 
 
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 Photographic 
 
 Sciences 
 Corporation 
 
 33 WIST MAIN STRUT 
 
 WiBSTIRN Y MSSO 
 
 (716) 873-4S03 
 
^ 
 
 
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Mi 
 
 90 
 
 No. XI. 
 
 Second additional Order, 2bth November ^ 1*07. ' 
 
 Wlu-reas his Majesty, by iiis order in council, dated 
 nth November instant, respecting the trade to be 
 carried on with his Majesty's enemies, was pleased to 
 exempt from the restrictions of the said order, ail 
 vessels which shall have cleared out from any port or 
 place in this kingdom, under such rcgwlaiions as hi« 
 Majesty may think fit to pr'^scribe, and shall be pro- 
 ceeding direct to the ports specified in the respective 
 clearances : His Majesty, taking into consideration 
 the expediency of making such regulations, is pleased, 
 by and with the advice of his privy cduncii, to order, 
 and it is hereby ordered. 
 
 That all vessels belonging to countries not at war 
 with his Maje' ly, shall be p-rmitted to lade, in any 
 port of the united kingdom, any goods being the pro- 
 duce or manufactue of his Majesty's dominions. East 
 India goods, or prize goods (all such goodsthaving 
 been lawfully it7i ported) and to clear out wim and 
 frc^cly to convey the same to any port or place in any 
 colony in the West Indies, or America, belonging to 
 his Majesty's enemies, such port or place not being in 
 a stato of actual blockade ; subject to the payment of 
 such duties as may at the time when any such vessels 
 may be cleared out, be due by law on the cxporta- 
 tion of any Ruch goo<ls, or in respect of Hie same being 
 destined to the ports of the colonies belonging to his 
 Majesty's eneiniei : 
 
gl 
 
 
 :l9 
 
 And likewise to lade, clear out with, and convey 
 as aforesuid, any articles of foreign produce, or ma- 
 nufacture, which shall have been lawfullv imported 
 into this kingdom, provided his Majesty's licence 
 shall jiave been previously obtained for so conveying 
 such foreign produce or manufactures : 
 
 And it is further ordered, that any vessel belong- 
 ing as aforesaid, shall be permitted to lade in any 
 port of the united kingdom any goods, not being naval 
 or military stores, which shall be of the growth, pro- 
 duce, or manufacture of this kingdom, or whicU shall 
 have been lawfully imported, (save and except foreign 
 suffar, coffee, wine, brandy, snuft, and cotton), and to 
 clear out with, and fteely to convey the same to any 
 port, tobe specilied in the clearance, not being in a 
 state of actual blockade, although the same shall be 
 under the restrictions of the said order : 
 
 And likewise to lade, clear out, and convoy fo- 
 reign sugar, cofFcc, wine, brandy, snufF, and cotton, 
 which shall have been lawfully imported, provided his 
 Majesty's licence shall have been previously obtained 
 for the exportation and conveyance thereof: 
 
 And It is hereby further ordered, that no vessel 
 thall be permitted to clear out from any port or place 
 in this kingdom, to any port or place of any country 
 subjecicd to the restrictions of the sjiid order, with 
 any goods which shall have been laden, after notice 
 of the said order, on board the vessel which shall have 
 imported the same into this kingdom, without having 
 fiistduly entered and landed the same in some port or 
 place in this kingdom : 
 
 And that no vessel shall be permitted lo clear out 
 

 1, i 
 
 m'- 
 
 
 »2 
 
 from any port or place In this kingdom to any port 
 or place whatever, with any goods the produce or ma- 
 nufacture of any country, subjected to^lhc restrictions 
 of the said order, which sha'l have been laden, after 
 notice as aforesaid on boArd the vessel importing the 
 same, without having so duly entered and landed the 
 same : 
 
 Or, with any goods whatever which shall hav« been 
 laden, after such notice, in the vessel importing the 
 same, in any port or place of any country' subjected 
 to the restrictions of the said order, without having so 
 dtdy entered, and landed the same, in some port or 
 place in this kingdom : 
 
 Except the cargo shaH consist wholly of flour, 
 meal, grain, or any article or articles the produce of 
 the soil of some country, which is not subjected to 
 the restrictions of the said order, rxcept cotton, and 
 which shall have been imported in an umnanufactured 
 slate direct from such country into this kingdom, in a 
 vessel belonging to the country f' which such 
 goi;ds have been brought, and in wl Jie same were 
 grown and produced * : 
 
 And It is further ordered, that any vessel belong- 
 ing to any country not at' war with his Majesty, may 
 clear out from Guernsey, Jersey, or Man, to any port 
 or place under the restrictions of tho said order, which 
 shall be specified in the clearance, not being in a state 
 of actual blockade, with such articles only, not being 
 
 * \Vu have remarked in tho text tho contradictionii 
 here exhibited, as mcU iw (lie repugnance of this Order to 
 a .subsequent one. 
 
9S 
 
 naval or military stores, as sl)all have been legally im- 
 ported into such islands respectively, from any port 
 or place in this kingdom direct. 
 
 And with respect to all such articles as may' have 
 been imported into the said islands respectivehv from 
 any port or place under the restrictions of the said or- 
 der, it shall not be permitted to any ves&cl to clear 
 out with the same from any of the said islands, ex- 
 cept to some port or place In this kiagdom. 
 
 And the Riffht Honourable the Lords Commis- 
 sioners of his Majesty's Treasury, his Majesty's prin- 
 cipal Secretaries of State, the Lords Conmiissioners 
 of the Admiralty and the Judges of the High Court 
 of Admiralty, and courts of Vice-Admiralty, are to 
 take the necessary measures herein as to them shall 
 respectively appertain, 
 
 W. FAWKENCp. 
 
 No. XII. 
 
 Third Ordar, 25th Novi-mber, 1807. 
 
 Whereas his M&jesty, by hii order in council dated 
 the 1 1th of November instant, respecting the trade to 
 be carried on with his Maj'jsty's cncinics, was pleased 
 to exempt fron\ the restrictions of ttie said ©rder all 
 vessels belonging to any country not at war with his 
 Majesty, togetht-r with their cargo, wliich shall be 
 coming froni any port or place in Europe, which is 
 declared it) the said order to be subject to the re- 
 strictions incklent to a state of blockad:, direct to 
 some part or place in Kuropc belonging to his Ma- 
 jesty: 
 
:il 
 
 III 
 
 9* 
 
 And also lili vessels which shall be cleared out 
 from Gibraltar or Malta under such regulations as 
 his Majesty may think fit to prescribe, and wiiicli 
 shall bo proceeding direct to the ports specified in 
 their respective clearances : 
 
 And whereas it is expedient to encourage the trade 
 from Gibraltar to Malta to countries under the re- 
 strictions of the said order, subject to regulations to 
 be mzde respect thereto : His Majesty is therefore 
 pleased to prescribe the following regulations in regard 
 to such (radct accordingly, and by and with the advice 
 of his privy council, to order, and it is hereby or- 
 dered, - 
 
 That all sorts cf flour and meal, and all sorts of 
 grain^ tobacco, and any other article in an unmanufac- 
 tured state, being the growth and produce of any 
 country not being stibjected by the said order to the 
 restrictions incident to a state a/ bloc/cade, (except cot- 
 ton, and naval and military stor<;s) which shall have 
 been imported into Gibraltar and Malta direct from 
 the country wlieie the same were grown and pro- 
 duced, shall, ivithout any liccni'c, be permitted to be 
 cleared ottt to any port or place, not being in a state 
 of actual blockade, without the same being compelled 
 to be landed : 
 
 But neither the said article of cotton, however im- 
 ported, nor any article which is nat the growth, pro- 
 duce, or manufacture of this kingdom, or which has 
 not been imported in a British ship, or from this king- 
 dom tlirect (except fish), and which sliall have bcea 
 laden at the port of original shipment, after the pe- 
 riod directed by an order of this date to be taken at 
 
9.5 
 
 the timf, at wlikh notice of the said order of the . 
 1 ith of November shall be considered as havinjr been 
 received at such port of shipment, shall be permitted 
 to be exported from Gibraltar or Malta, except to 
 somep(Jit or place inihis kingdom: ' •» 
 
 And all other articles of the growth, produce, and 
 manufacture of this kingdom, or which shall hare 
 been imported into Gibraltar or Malta, in a British ' 
 ship, or from some port or place in this kingdom, to* • 
 gether with the article of fish, however imported, 
 may be expoited to any ports or places in the Me- 
 diterranean or Portugal, under such licence only as is 
 herein-after directed to be granted by the governor 
 and Malta respectively — And it is hereby further or- 
 dered, that licences be granted by the governors, lieu- 
 tenant governors, or other persons having the chief 
 civil command at Gibraltar or at Malta respectively, 
 but in his Majesty's name, to such person or per- 
 sons as the said governors, lieutenant governors, or 
 persons having the chief command shall think fit, 
 allowing such person or persons to export from Gi- 
 braltar direct, to any port in the Mediterranean, or to 
 any port of Portugal, or to any port of Spain without 
 the Mediterranean, not further north than Cape Fi- 
 nisterre, and from Malta direct to any port being with- 
 in the Mediterranean, with any articles of the pro- 
 duce or manufacture of his Majesty's dominions : 
 And any articles whiih shall have been imported into 
 Gibraltar or Malta from this kingdom, to whomsoever 
 such articles shall appear to belong, (not being naval or 
 military stores) in any vessel belonging to any counw 
 try not ut war with his Majoi»ty, or in any vessel not 
 
 
I » 
 
 5 
 
 II 
 
 P6 
 
 exceeding one hundred tuns burthen, and being Uti- 
 armed, belonging to the country to which such ves- 
 sel shall be cleared out and going : 
 
 And also to import in any such vessel or vessels 
 as aforesaid, from any port within fhe Mediterranean, 
 to Gibraltar or Malta, or from an}/ port in Portugal 
 or Spain as aforesaid, to Gibraltar, such port and such 
 destination respectively to be specified in such licence, 
 amj articles nf merchandise whaf soever, and to whom- 
 soever the same may appear to belong, such articles to 
 be specified in the bill of lading of such vessel, sub- 
 ject however to such further regulations and restrict- 
 tions with respect to all or any of the said articles so 
 to be imported, or exported, as may be inserted in the 
 said licences by the governors, lieutenant governors, 
 or other persons having the chief civil command at 
 Gibraltar or Malta, for the time being respecdvelj^ 
 as to them shall, from time to time, seem fit and expe- 
 dient. 
 
 And it is furtlicr ordered, that in every such licence 
 shall be inserted the names and residence of the per- 
 son or persons, to whom it shall be granted, the ar- 
 ticles and their quantities permitted to be exported, 
 the name and description of the vessel, and of the 
 master thereof, the port to which the vessel shall- be 
 allowed to go, which shall be some port not under ac- 
 tual blockade, and that no'jicence so to be granted shall 
 continue in force for longer than two months from 
 its date, nor for more than one voyage, or any such 
 licence be granted, or acknowledged to be valid, if 
 granted to permit the clearance of any vessel to any 
 
 ^( 
 
 ir 
 
 1! 
 
97 
 
 *( 
 
 . v 
 
 port, which shall be actually blockaded by any naval ' 
 force of his Majesty or of his allies : 
 
 And it is further ordered, that the 
 
 tiers of 
 
 commanui 
 
 his Majesty's ships of war and privateers, and all 
 others whom it may concern, shall suffer every such 
 vessel sailing conformably to the permission given by 
 this order, or having any licence as aforesaid, to pass 
 and repass, direct between Gibraltar, or Malta, and 
 such port as shall be specified in the licence, in such 
 manner, and under such- terms, regulations, and re- 
 •trictions as shall be expressed therein. 
 
 And it is furtlicr ordered, that, in case any vessel, 
 so sailing as aforesaid, for which any such licence as 
 aforesaid shall have been granted, and which shall be 
 proceeding direct upon her said voyage, shall be de- 
 tained and brought in for legal adjudication, such vcs- 
 iel, with her cargo, shall be forthwith released by the 
 Comt of Admiralty, in which proceedings shall be 
 commenced, upon proof being made that ihe parties 
 had duly conformed to the terms, regulations, and re- 
 strictions of the said licence ; the proof of such con- 
 formity to lie upon the person -"^ persons claiming 
 the benefit of this order, or cbtaihiig or using sucia 
 licence, or clai ning the benefit thereof. 
 
 And it is hereby further ordered, that no vessel bo. 
 longing to any state on the coast of Barbary, shall be 
 prevented from sailing with any ait'.cles of the growth 
 or produce of such state, from any port or place in 
 such state, to any port or place in the Mediterra^ 
 nean, or Portugal, such port or place not being actually 
 blockaded by some naval force belonging to his niajes- 
 
9» 
 
 ty, or his allies, without being obliged to touch at 
 Gibraltar or Malta. 
 
 And the Right Honourable tlic Lords Commis- 
 sioners of his Majesty's Treasury, his Majesty's Prin- 
 cipal Secretaries of State, the Lords Commissioners of 
 the Admiralty, and the Judges of the High Court of 
 Admiralty and Courts of Vice-Admiralty, are to take 
 the necessary measures herein, as to them shall res- 
 pectively appertain. 
 
 W. FAWKENER. 
 
 , No. X III. 
 
 Fourth Additional Order, Nov. 25, I80I. 
 
 tVhereas his Majetsy, by his order in council of the 
 eleventh of November instant, was pleased to order 
 and declare, that all trade in articles which are of the 
 produce or manufacture of the countries and colonics 
 mentioned in the said order, shall be deemed and con- 
 fidered to be unlawful (except as is therein excepted) ; 
 his Majesty, by and with the advice of his privy 
 council is pleased to order and declare, and it is here- 
 by ordered and declared, tliat nothing in the said order 
 contained shall extend to subject, to capture and con- 
 fiscation any ar tides of the produce and manufacture 
 of the said countries and colonies laden on hoard Bri' 
 tish shipi>t which would not have been subject to 
 capture and confiscation if such order had not been 
 made. 
 
 And the right honorable the lords commissioners 
 of bis Majesty's treasury, his Majestys principal fee- 
 cretaries of state, the lords commissioners of th« 
 
 1 I 
 
m 
 
 admiralty, r.ncl the judges of the high court ofadmi- 
 rtih) and vice admiialty are to take tlie necessary 
 mt^asures herein, as to them may respectively apper- 
 tain. 
 
 W. FAWKENER. • 
 
 No. XIV. . 
 
 Fiflh Additional Order in Council^ 25th November 
 
 1807. 
 
 His Majesty taking into consideration the circum- 
 stances under wliich Prussia and Lubeck have been 
 compelled to shut their ports against British ships anci 
 goods, is pleased, by and with the advice of his privy 
 council, to order, and it is hereby ordered, that all 
 ships and goods belonging to Prussia, which may have 
 been seized subsequent to his Majesty's order, of the 
 nineteenth of November one thousand eight hundred 
 and six, and are now detained in the ports of this 
 kingdom, or elsewhere, and all ships and goods be- 
 longin<r to inhabitants of Lubeck wliich arc so de- 
 tained, shall be restored upon being pronounced by 
 the high court of admiralty, or any court of vice- 
 admiralty, in which they have been or may be pro- 
 ceeded anjainst, to belong to subjects and inhabitants 
 of Piussia or Lubeck *, and not otherwise liable to ' 
 confiscatiJrf ; and that such ships and goods shall be 
 permitted to proceed to any neutral port, or to the 
 port to which they respectively belong : And it is 
 further ordered, that the ships and goods belonging to 
 
 * On I20th December, 1807, Lubeck property was di- 
 rect not to be restored till further orders. 
 
 ii 2 
 

 100 
 
 Prussia or Lubeck shall not, until further orders, be 
 liable to detention, provided such ships and goods 
 shall be trading to or from any port of this kingdom, 
 or between neutral port and neutral port, or from 
 any port of his Majesty's allies, and proceeding 
 direct to the port specified in their respective clear- 
 ances. 
 
 And the right honourable the lords commissioners 
 of his Majesty's treasury, his Majesty's principal se- 
 cretaries of state, tlic lords commissioners of the 
 admiralty, and the judges of the high court of ad- 
 miralty and courts of vice admiralty, are to take the 
 necessary measures herein, as to them shall respec- 
 tively appertain. 
 
 W. FAWKENER* 
 
 No. XV. 
 
 iiixth Additional Order in Cou7ia'i, 25 1 h November t 
 
 U07. 
 
 His Majesty having taken into consideration the 
 circumstances under which Portugal has been com- 
 pelled lO shut her ports against the ships and goods of 
 his Majesty's subjects, is pleased, by and with the 
 advice of his privy council, to order, and it is hereby 
 ordered, that all ships and goods lelonging to Por- 
 tugal, which have been, and are now detained in the 
 ports of this kingdom, or elsewhere, shall be restored, 
 upon being pronounced, by the high court of admi- 
 ralty, or by the court of vice-admiralty, in which pro- 
 ceedings may have been, or shall be commenced, to 
 
 
101 
 
 belong to subjects and inhabitants of Portugal, and 
 not otherwise liable to confiscation ; and that the said 
 •hips and goods shall be permitted to proceed to any 
 neutral port, or to Portugal : And it is further ordered, 
 that the ships and goods belonging to Portugal shall 
 not, until further orders, be liable to detention j pro- 
 vided such ships and goods shall be trading to and 
 from any port of this kingdom, or to and fromGibral- 
 tar or Malta, and proceeding direct to tiie port spe» 
 ciiied in iheir clearance, or between neutral port and 
 neutral port, or between Portugal and the ports of her 
 own colonies, or fiom any poit of his Maj -.ty's alics 
 and proceeding direct to the ports specified in their 
 respective clearances ; provided such ports shall not 
 be at the time in a state of actual blockade : And 
 it is further ordered, that the ships of Portugal shall 
 not be considered as entitled, under any treaty be- 
 tween his Majesty and Portugal, to protect any good» 
 laden therein which may be otherwise subject to co»- 
 fiscation. 
 
 And the ritrht honorable the lord* commlsionert 
 of his Majesty's treasury, his Majesty's principal se- 
 cretaijes of state, the lords comuiissioncrs'of the ad- 
 miralty; and the judges of the high court of admi- 
 ralty, and courts of vice-admiralty, are to take the 
 nf ccssary measures herein as to them shall rcipec- 
 
 tively appertain. 
 
 W. FAWKENER. 
 
Ill 
 
 rj'li 
 
 iil 
 
 102 
 
 No. XVI. ' 
 
 Order of Council, Dec, 25, l807. 
 
 1 
 
 His Majesty is pleased, by and with the advice of 
 his privy council, to order, and it is hereby orderedj, 
 that nothing in his Majesty's order in council of the 
 11th of November last shall extend, or be construed 
 to extend, to permit any vessel to import any article! 
 of the produce or manufacture of the enemy's colonic* 
 in the West Indies, direct from such colonies to any 
 port of this kingdom : And it is further ordered, that 
 all vessels which may arrive in the ports of this king- 
 dom direct from the colonies aforesaid, shall never- 
 theless be released, upon proof being made that the 
 charter-party or other agreement for the voyage was 
 entered into before notice of this order. And the 
 right honourable the lords commlsfloners of hlu 
 Majesty's treasury, his Majesty's principal secretaries 
 of slate, the lords commissioners of the admiralty, 
 and the judges of the high court of admiralty, and 
 the courts of vice admiralty, are to take the necessary 
 measures herein, as to them shall respectively ap- 
 pertain. 
 
 W. FAWKENER. 
 
 !.;!: 
 
 \.i 
 
 m 
 
103 
 
 m- 
 
 No. XVII. 
 
 Lord Cokt's Commentary o% 
 MAGNA CHARTA. 
 
 That before this statute, merchaiit-strangors might 
 be publiqucly prohibited, publice prohibeantur. And 
 this prohibition is intendable of merchat strangers in 
 •ftmitie, for this act provideth afterward for merchant 
 ftrangcrs enemies ; and therefore the prohibition in- 
 tended by this act,«must be by the common or pub- 
 lique c<^/dncell of the reahne, that is, by act of parHa- 
 ment, tor that it concerneth the whole rcalme, and 
 is implyed by this word (publice.) ' 
 
 Now touching merchant strangefl, whose love- 
 Tuigne is in warre with the King of England. 
 
 There is an exception, and provision for such, as be 
 found in the reahne at the beginning of the warre, 
 they shall be attached with a privilcdge, and liniita- 
 tiqn, viz. without harme of body, oi goods, with 
 this limitation, untill it be knownc to us, or our 
 chiefc justice (that is our guardien, or keeper of the 
 realnie in o»ir absence) how our merdumts there in 
 the'land in warre with us shall be intrcated, and if 
 our merchants be well intrealed there, theirs shall 
 be likewise with us, and this iiii jus belli. Et in re- 
 publica maxino conservauda sunt juri belli. 
 
 But for such merchant etratigers as come into the 
 rea!n>e after the warre beginnc, they may be dealt 
 wiihall as open rnemies: and yet of auncient lime 
 three men had privilcdge granted thcni in lime p 
 
 %?'■. 
 

 104 
 
 warre. Clerlcus, agricola, et mercator, tempore 
 belli. Ut oretq ; colat, commutet, pace fruuntur. 
 
 The end of this chapter was for advancement of 
 trade, and traffique ; the meanes for the well using 
 and intreating of merchant strangers in all the parti- 
 culars aforesaid, is a matter of great moment, as ap- 
 peareth by many other acts of parliament, for as they 
 be used here, so our merchants shall be dealt withall 
 in other countries. 
 
 King Philip and Queen Mary, graunted by letters 
 patents to the mayor,baylifrcs, and burgesses of South- 
 ampton, and their successors, that no wines called 
 malmeseys to be imported into this realme by any 
 denizen, or alien, should be discharged or landed at 
 any other place within this realme, but onely at the 
 said town and port of Southampton, with a prohibi- 
 tion, that none should doe to the contrary upon pain 
 to pay treble customc to the King and queen, &c. 
 And for that Anthony Donate, Thomas Frcderice, 
 and other merchant strangers bought divers buts of 
 Hjalnicsey, &c. and landed them at Goorc, and in 
 Kent, Gilbert Gerard the attournfy gcncrall, informed 
 in the exchequer, against the said merchant strangers 
 for the said treble customc, &c. Upon which in- 
 formation, as to the said treble customc, the said 
 Anthony Donat demurred in law, he. And this 
 ca&€ was argued in the exchequer chamber by coun- 
 scU learned on both sides, and upon conference had, 
 two points were resolved by all the judges. I. That 
 the grant made in restraint of landing of the said 
 whies was a restraint of the liberty of the subject, 
 against the lawcs and statutes of the realme. S ♦ That 
 
 n 
 
 il! 
 
103 
 
 the assessment of treble custome was merely void, 
 and against the law. As it appeareth by the report 
 of the lord Dier under his hand (which I have in my 
 custody) But after by act of parliament, in anno 5 
 Eliz. the said charter is established as to merchant 
 strangers oncly, but not against subjects, (ii. Inst. 47.) 
 
 No. xviiir. . ;'■/' 
 
 Magna Charta. (9 Hen. III. cap. iO.J ' 
 
 Omnes mercatores nisi publice antea prohibit! fue*- 
 rint habcant salvum & securum conductum exire de 
 Angl. & venire in Angl. & morari 8c ire per Angl. 
 tarn per terram quani per aquam ad emend. & ven- 
 dend. sine omui'ous tollis malis per antiquas & rectas 
 consuetudincs prelerquam in tempore guerre & si sint 
 de terra contra nos gucrrina & talis inveniantur in terra 
 nostra in principio guerre attachientur sine damno 
 corporum vel rerum donee sciatur a nobis vel a capitali 
 Justic. nostro quomodo Mercatores terre nostre trac- 
 tantur qui tunc invcnivuitur in terra ilia contra no» 
 quirrina &c si nostri salvi sint in terra nostra. 
 
 No. XIX. 
 
 C Ed- IlL Stat. 1. cap. 1.^1 and f. 
 
 That all merchant strangers, and denizens, and all 
 other and every of them, of what condition or state 
 loevcr they be, that will buy or sell corn, wines, aver 
 
I 
 
 I 
 
 t i i 
 
 106 
 
 ^epoiSf flesh, fish, and all other livings and victuals, 
 wools, clothes, wares, mcrchandiees, and all other, 
 things vendible, from whence soever they come, by 
 foreigners or denizens, at what place soever it be, 
 cit}', borough, town, port of the sea, fait, market, or 
 elsewhere, within the realm, within franchise or with- 
 out, may freely, without interruption sell them to 
 what persons it shall please them, as well to foreigners 
 as denizens ; except always the enemies of our Lord 
 the King and his^ realm. And if haply any disturb- 
 ance be done to any merchant stranger, or denizen, 
 nr any other, for the sale of such thingSj, in any city, 
 borough, town, port of the sea, or other place 
 which hath franchise, and the mayors and bailiffs, or 
 other which hath the rule of such franchise, bcinjr re- 
 quired by the said merchants, or other thereof to pro- 
 ride remedy, and do not and be thereof attained, the 
 franchise shall be seized into the king's hands, £19^ 
 
 * Ko. XX. 
 
 11 Ell III. Stat. 2. rap. 2. § f . 
 
 Tliat all merchants, denizens, and foreigners, (cx- 
 eept those which be of our enmity) may without let 
 safely come into the said rcahn of Kiigland with their 
 goods and mcrcjiandizcs, and safely tarry and safely 
 return, payinp^ the customs subsidies and other profits 
 reasonably thereof due; so always that franchises and 
 iiFe<> nistomi, reasonably granted by us and our a»- 
 

 ior 
 
 fjcstori to the city of London, and other cities, 
 boroughs, and good towns of our lealtn of England^ 
 |>e to them saved. 
 
 - t- 
 
 No. XXI. 
 
 1 8. Ed. III. Stat. 2. c. 3. § 9. 
 
 And that everj man, as well stranger ai privy ^ 
 from henceforth may buy wools, according as they 
 may a^ree with the seller, as they were wont to do 
 before the said ordinances ; and that the sea be open 
 to all manner of merchants to pass with their mer- 
 chandise uhere it shall please them^ (qe la mieer 
 soit fiverte a tout manere des marchantz dt passer 
 over lour marchandises.) ' ■ ' ' ■ 
 
 No. XXII. 
 
 25 E</. Iir. Stat. 4. c. § 4. 
 That every merchant or other, of what condition ht 
 be, as well alien as denizen, that bring wines, ilesh, 
 fish, or other victuals, cloths, woolfcls, Avoir de poiSf 
 or any other manner of mcrcliandizes, or chaffer to 
 the city of London^ or other cities, boroughs, and 
 good towns of England, or ports of the sea, may freely 
 and without challenge or impeachment of any, sell in 
 gross or at retail, or by parcels at hit will, to all mtn- 
 
lOS 
 
 ncr of people that will buy the same, notwithstaad- 
 ing any franchises, grants, or custom used, or any 
 other things clone to the contrary; sithence that such 
 usages and franchises be to the common prejudice of 
 th« king and his people. 
 
 No. XXIII. 
 
 21 Ed, III. siat. 2. cap, 2. 
 
 I/!! 
 
 Item pur rcplener lez ditx Roialmcs et terres de 
 ftionei et de plat dor et dargent et dez merchandizes 
 dez autres terres, ct pur doner tarlent as marchauntez 
 estmunges de venir ove Icz mcrcez et marchandiset 
 de autres terres en lez iioialme & terres avauntditz. 
 Si avoins ordeigne & cstabli, que touts lez marchaunto 
 estrunges,queux ne sount myc de notre enaiite, dc quel 
 tcrre ou nation qils soicnt puissent soutz nostre pro- 
 tection, ct save conduit vencr et demurrer en nos dit 
 Roialme et terrez, queux parties, qils voudrount, ct 
 de illocqs retourner ove lour mesnce mcrces ct mur- 
 chauudises quccunqes fraunchcment ct vendre lour 
 tiiarchciundiies a lez estaples &c aillours dcinz mesmc) 
 le Roialme & terres, a que lez voudra achater paiauntcs 
 les custumes ent deuz. Et pur plus assurcrc lez mar- 
 chauntz cstraunges et autres niesnauntos liens & 
 marchaundises es ditcs Koialme tt terres j hi voloinis 
 Ife grautitoms ordcinoms* 
 
 
J 09 
 
 TRANSL AXIOM. 
 
 Item, for the better replenishing of 'these fea!m% 
 >vith money, gold and silver plate^ and merchandize 
 of foreign countries, and for giving to merchant 
 strangers inducements to come with the wares and 
 merchandize of foreign countries into these realms 
 aforesaid — We have ordained and established that 
 all tnerchant strangers who are not at ejimity with u$ 
 of xi'hat coiL7itry or nation whatsoever, may undercut 
 protection and safe conduct come and tarry in our 
 realms aforesaid, wheresoever they chuse, and frona 
 thence may return with their imported wares and 
 inerchandize freely, and sell the same at the staples 
 and elsewhere, &c. 
 
 . .. \ 
 
 No. XXIV, 
 
 t 
 :t 
 
 r 
 
 \6 
 :8 
 
 r- 
 
 i) 
 
 in 
 
 2d liich. II. Stat. 1. f. 1. §4. 
 
 Our Lord the King considering clearly the coming 
 of mercliant strangers within the realm, to be very 
 profitable for many causes, to all the realm, by the 
 assent of the prelates, dukes, earls, barons, and of 
 the commons of the realm, hath ordained and stab- 
 lished, that all nurchanis aliens, of what realms, 
 countries, or seignories that they come, which be of 
 the amity of the King, and of hU realm, may from 
 
ioi 
 
 heticcfortli safely ami surely come wltliin the realm of 
 England, and in all cities, boroughs, ports of thfr 
 sea, fairs, markets, or other places iV^ithin the realm^ 
 within franchise and without, and abide with their 
 goods and all merchandizes under the safeguard and 
 protection of the king, as long as shall please him,- 
 without disturbance or denying of any person.* 
 
 "I 
 
 ■I 
 
 j i 
 
 No. XXV. 
 
 4 Sic. 11. sL 2. c. 1. s. 1 and 2. 
 
 That all manner of merchant strangers, of whatso-' 
 ever nation or country they be, being of the amity of 
 the King and of his realme, shall be welcome, and 
 freely may come within the realm of England, and 
 
 * The three last statutes completely prove that the ex- 
 ception in some of the former ones " of the kings cncmici^^ 
 mcanf either rebels and foes within the realm, or is to 
 be interpreted as shewing who are }iot to come and sell 
 here—not Jis prohibiting merchant strangers at amity from 
 wiling to all — foes as well as friends. — Evan if it were 
 pretended that those statutes meant to prohibit the 
 trade of alien friends with alien enemies, it would remain 
 for the defenders of ths latJ Orders to shew that all the 
 restricted countries are those of alien enemies, or to ad- 
 mit that at least in part those orders arc quite illegal. 
 But no such interpretation can be set up, nor is it sup^ 
 ported by a single law authority. — See Comj/ns, 332. — 
 2 Itibt, b7.—Bac, Ab. Merchant, 
 
Ill 
 
 
 elsewhere within the King's power, as well within 
 franchise as without, and there to be conversant to ' 
 merchandize, and tarry as long as them liketh, as 
 those whom our said lord the King by the tenor 
 hereof, taketh under his protection and safeguard, 
 with their good*, merchandizes, and all manner fami- 
 liara. And for so much the King willeth and com- 
 mandeth, That they and every of them be well, 
 friendly, and merehantlike entreated and demeaned 
 within all parts within his said realm and power, 
 with their merchandizes, and all manner goods, and 
 suffered to go and come, and into their proper country 
 peaceably to return without disturbance or impeach- 
 ment of any. 
 
 
 he 
 
 No. XXVI. 
 
 $ Hen. IV. cap. 7. s.1. 
 
 Item, It is ordained and established, that all the 
 merchant sttangers, of what estate or condition that 
 they be, coming, dwelling, or repairing within the 
 realm of England, shall be entreated or demeaned 
 within the realm in the manner, form, and condition, 
 as the merchants denizen? be, or shall be entreated or 
 demeaned in the parts beyond tht tea. 
 
I 
 
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 112 
 
 No. xxvir. 
 
 Extract fro n Lord C. J". Hales Treatise De Vortilas 
 
 Maris." 
 
 For general prohibitions of nerchandlzes of any 
 particular kind. These were sometimes made, but 
 very rarely j neither indeed could they be lawful with- 
 out the help of an act of parliament, because there 
 have been in all times several statute* made for the 
 liberty and encouragement of merchant strangers 
 especially to come into the kingdom and trade, 
 which could not be derogated by a proclamation. 
 And therefore, if at any time there were such inhibi- 
 tions by proclamation, they were commonly tempo- 
 rary upon an exigence of state, and not perpetual, 
 nor of any certain continuance. But when there 
 were perpetual or long restraints of this nature, they 
 were always done by parliament. 
 
 And the reasons of these mterposings of acts of 
 parliament was, because that proclamations proved 
 very inefieclual to that purpose, partly because it was 
 at best doubtfuU whether they could at all be effeotual 
 against so manie acts of parliament ; but doubtless 
 they could not without an act of parliament induce a 
 forfeiture of the goods so imported, as hath been 
 often resolved ; whereof more hereafter. 
 
 Concerning cxportations, and how far forth the 
 ports may be shut in reference to goods and mer- 
 chandizc exported. 
 
 Those inhibitions were for the most part touching 
 such commodities whereby the kingdom might be 
 weakened, or scarcity occasioned, by the exportation ; 
 as arms, ammunition, corn, victuals, gold, silver, 
 
 of shi} 
 trade 
 25. of 
 iaeficct 
 
113 
 
 liorses, tinioer, thread of yarn, of woollen, and some- 
 times of falcons. 
 
 And sometimes m the proclamation there was' an- 
 nexed a clause of imprisonment of offenders ; some- 
 times the forfeiture of the things imported ; some- 
 times the forfeiture of all their goods and lands. But 
 these clauses of forfeiture were only in fenorem t 
 for, as wc have before observed, a proclamation barely 
 cannot induce a forfeiture of goods. 
 
 Though possibly in the time of hostility or public, 
 danger, or common scarcit)-, such prohibitions by 
 proclamation of exportation of victuals and arms 
 might have a temporary efFect and use ; yet we may 
 easily guess that they were not effectual for perpe- 
 tuity, nor indeed sufficient provisions pro icmpore; 
 for the kino; and his council tlioun-ht not fit to rest 
 upon such inofTeclual means, but acts of parliament 
 liave successively passed for the inhibition of expor- 
 tation of these very things with penalties of for- 
 feitures added to them. Sec i E. 4. c. 5. for horses 
 1 E. 2. P. IM. c. .b, of corn, herring, butter, cheese, 
 and wood ; '25 FL 9, c. 5. of victuals of all sorts ; 9 
 E. 3. c. 1.19 11. 7. c. 15, of bullion or money. The 
 like might be instanced in divers other things. 
 
 The restraints of exportation in any but English 
 bottoms. This hath been attempted to be done bv 
 proclamation, as a good expedient for the increase 
 of shipping and mariners, and the encouragement of 
 trade and navigation. Vide inde clau)!. il V..3. m. 
 25. of a proclamation to that purpose ; but it proved 
 ineffectual, till provision was made for it by acts, of 
 
 I 
 

 
 114 
 
 parliamciu, viz. 5 R. 2. c. 3. — 6 R. 2. c. 8. — 14 
 R. 2. c. — 4 H. 7. c. 10. But because it provoked 
 foteign princes to do the like, it was tepealed by the 
 statute } Eliz. c. 13. with certain provisions made in 
 the case oy that statute and the statutes of 5 Eliz. c. 5. 
 and 13 Eliz. c. 13 But now by a late act of parlia- 
 ment, 12 Car. 2. entitled, "An act for encouraging 
 of navigation," the use of foreign ships is in a g cat 
 measure restrained. 
 
 And upon the whole matter it will appear ^v:^ca the 
 
 several acts of parliament that have been made ror the 
 
 support and increase of trade, and for the keeping of 
 
 the sea open to foreign and English merchants and 
 
 merchandise, that there Is now no other means for 
 
 the restraint of exportation or importatiou of goods 
 
 and merchandises in times of peace, but only when 
 
 and where an act of parliament puts any restraint. 
 
 Several Juts of parliament having provided guela^nere 
 
 soil' overt, it may not be regularly shut against the 
 
 merchandise of Erglish, or foreigners in amity with 
 
 this crown, unless an act of parliament shut it out, 
 
 as it hath been done in some particular cases, and may 
 
 be done in others. 
 
 (De Port. Mar, Pi, II. Cap. 8.J 
 
 <' SJtowtT, Printer, Paternosar Ilew 
 

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