The Continental System: An Economic Interpretation

Heckscher, Eli F.
(1879-1952)
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Editor/Trans.
Harald Westergaard, ed. C. S. Fearenside, trans.
First Pub. Date
1918
Publisher/Edition
Oxford: Clarendon Press
Pub. Date
1922
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APPENDIX I.
THE BRITISH ORDERS IN COUNCIL, 1807*59

I.
First (Whig) Order.
JANUARY 7, 1807.

App.I.1

Order in Council; prohibiting Trade to be carried on between Port and Port of Countries under the dominion or usurped controul of France and her allies.

App.I.2

AT the Court at the Queen's Palace, the 7th of January 1807; Present, The King's most excellent Majesty in council.—Whereas, the French government has issued certain Orders, which, in violation of the usages of war, purport to prohibit the Commerce of all Neutral Nations with his majesty's dominions, and also to prevent such nations from trading with any other country, in any articles, the growth, produce, or manufacture of his majesty's dominions: and whereas the said government has also taken upon itself to declare all his majesty's dominions to be in a state of blockade, at a time when the fleets of France and her allies are themselves confined within their own ports by the superior valour and discipline of the British navy: and whereas such attempts on the part of the enemy would give to his majesty an unquestionable right of retaliation, and would warrant his majesty in enforcing the same prohibition of all commerce with France, which that power vainly hopes to effect against the commerce of his majesty's subjects; a prohibition which the superiority of his majesty's naval forces might enable him to support, by actually investing the ports and coasts of the enemy with numerous squadrons and cruisers, so as to make the entrance or approach thereto manifestly dangerous: and whereas his majesty, though unwilling to follow 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 taking some steps on his part to restrain this violence, and to retort upon them the evils of their own injustice: his majesty is thereupon pleased, by and with the advice of his privy council, to order, and it is hereby ordered, That no vessel shall be permitted to trade from one port to another, both which ports shall belong to or be in the possession of France or her allies, or shall be so far under their controul, as that British vessels may not freely trade thereat: and the commanders 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 destined to another such port, to discontinue her voyage, and not to proceed to any such port; and any vessel after being so warned, or any vessel coming from any such port, after a reasonable time shall have been afforded for receiving information of this his majesty's Order, 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.

II.
FEBRUARY 4, 1807

App.I.3

Order in Council; approving Draught of an additional Instruction to the Commanders of His Majesty's Ships of War and Privateers, directing that Neutral Vessels, laden with Cargoes consisting of the Articles therein enumerated, coming for importation to any Port of the United Kingdom (provided they shall not be coming from any Port in a state of strict and rigorous Blockade), shall not be interrupted; and that in case any such Articles shall be brought for Adjudication before the High Court of Admiralty, or any Court of Vice Admiralty, the same shall be forthwith liberated, upon a Claim being given by or on behalf of the Merchant or Merchants to whom such Articles shall be coming for Importation.

App.I.4

AT the Court at the Queen's Palace, the 4th of Feb. 1807; present the King's most excellent Majesty in Council.—Whereas there was this day read at the Board, the annexed Draught of an Additional Instruction to the commanders of his majesty's ships of war and privateers, directing that they do not interrupt Neutral Vessels laden with Cargoes consisting of the Articles thereinafter enumerated, coming for importation to any port of the united kingdom (provided they are not coming from any port in a state of strict and rigorous Blockade); and in case any such vessel, so coming with such articles, shall be brought for adjudication before the high court of admiralty, or any court of vice admiralty, that the same shall be forthwith liberated, upon a claim being given by or on behalf of the merchant or merchants to whom such Articles are coming for Importation: his majesty taking the said Draught of Additional Instruction into consideration, was pleased, with the advice of his privy council, to approve thereof, and to order, as it is hereby ordered, That the right hon. earl Spencer, one of his majesty's principal secretaries of state, do cause the said Instruction to be prepared for his majesty's royal signature.

App.I.5

Draught of an Additional Instruction to the Commanders of our Ships of War and Privateers.

App.I.6

Our will and pleasure is, That you do not interrupt Neutral Vessels laden with cargoes consisting of the Articles hereinafter enumerated, coming for Importation to any port of our united kingdom (provided they are not coming from any port in a state of strict and rigorous blockade); and in case any such vessel so coming with such Articles, shall be brought for adjudication before our high court of admiralty, or any court of vice admiralty, we hereby direct that the same shall be forthwith liberated, upon a claim being given by or on behalf of the merchant or merchants to whom such Articles are coming for Importation.

App.I.7

ENUMERATION OF ARTICLES

Grain, viz. corn, meal and flour, (if importable according to the provisions of the corn laws); rice, Spanish wool, Mohair yarn, madder and madder roots, malts, shumack, argol, galls, cream of tartar, safflower, valone, brimstone, Spanish wine, indigo, saffron, verdigrease, cochineal, orchella weed, cork, olive oil, fruit, ashes, juniper berries, barilla, organzined, thrown, and raw silk (not being of the production of the East Indies or China); quicksilver, bullion coined and uncoined; goat, kid, and lamb skins, rags, oak bark, flax, seeds, oil of turpentine, pitch, hemp, timber, fir, oak, oak plank, masts, and yards.

III.
FEBRUARY 18, 1807

App.I.8

Order in Council; approving Draught of Additional Instructions directing that the Ships and Goods belonging to the Inhabitants of Hamburgh, Bremen and other places and countries in the north of Germany, which Vessels and Goods shall be engaged in the Trade to or from the Ports of the United Kingdom, shall, until further Order, be suffered to pass free and unmolested, &c.

App.I.9

AT the Court at the Queen's Palace, the 18th of Feb. 1807; present, the King's most excellent Majesty in Council.—Whereas there was this day read at the board the annexed draught of Additional instructions to the commanders of ships of war and privateers, and to the judge of the high court of admiralty, and the judges of the courts of vice-admiralty, directing, that the ships and goods belonging to the Inhabitants of Hamburgh, Bremen, and other places and countries in the north of Germany, which vessels and goods shall be employed in a trade to or from the ports of the united kingdom, shall until further order, be suffered to pass free and unmolested, notwithstanding that the said countries are or may be in the possession or under the controul of France and her allies; and that all such ships and goods so trading, which may have been already detained, shall be forthwith liberated, and restored: his majesty, taking, etc. [almost identical with no. II].

App.I.10

Additional Instructions to the Commanders of Ships of War and Privateers, to the Judge of the High Court of Admiralty, and the Judges of the courts of Vice Admiralty.

App.I.11

Our will and pleasure is, That the ships and goods belonging to the inhabitants of Hamburgh, Bremen, and other places and countries in the north of Germany, which vessels and goods shall be employed in a trade to or from the ports of our united kingdom, shall, until further order, be suffered to pass free and unmolested, notwithstanding that the said countries are or may be in the possession or under the controul of France and her allies; and all such ships and goods so trading which may have been already detained shall be forthwith liberated and restored.

IV.
AUGUST 19, 1807

App.I.12

Order in Council; directing, that all Vessels under the flag of Mecklenburgh, Oldenburgh, Papenburgh, or Kniphausen, shall be forthwith warned not to trade in future at any hostile Port, unless such vessels shall be going from or coming to a Port of the United Kingdom, &c.

App.I.13

AT the Court at the Queen's Palace, the 19th of August 1807; present, the King's most excellent Majesty in Council.—His majesty, taking into consideration the measures recently resorted to by the enemy for distressing the commerce of the united kingdom, is pleased, by and with advice of his privy council, to order, and it is hereby ordered, That all vessels under the flag of Mecklenburgh, Oldenburgh, Papenburgh, or Kniphausen, shall be forthwith warned not to trade in future at any hostile port, unless such vessels shall be going from or coming to a port of the united kingdom; and in case any such vessel, after having been so warned, shall be found trading, or to have traded after such warning; or in case any vessels or goods, belonging to the inhabitants of such countries, after the expiration of 6 weeks from the date of this order, shall be found trading, or to have traded after such 6 weeks have expired, at any hostile port, such vessel and goods, unless going from or coming to a port of the united kingdom, shall be seized and brought in for legal adjudication, and shall be condemned as lawful prize to his majesty: etc. [almost identical with no. I].

V.
Principal (Tory) Order: Blockade Ordinance
NOVEMBER 11, 1807

App.I.14

Order in Council; declaring the Dominions of his Majesty's Enemies, and of Countries under their Controul, in a state of Blockade, under the Exceptions specified in the said Order.

App.I.15

AT the Court at the Queen's Palace, the 11th Nov. 1807; present, the King's most excellent Majesty in Council.—Whereas certain Orders, establishing an unprecedented system of warfare against this kingdom, and aimed especially at the destruction of its commerce and resources, were some time since issued by the government of France, by which 'the British islands were declared to be in a state of blockade,' thereby subjecting to capture and condemnation all vessels, with their cargoes, which should continue to trade with his majesty's dominions.—And whereas by the same Orders, 'all trading in English merchandize is prohibited; and every article of merchandize belonging to England, or coming from her colonies, or of her manufacture, is declared lawful prize:'—And whereas the nations in alliance with France, and under her controul, were required to give, and have given, and do give, effect to such Orders:—And whereas his majesty's Order of the 7th of January last, has not answered the desired purpose, either of compelling the enemy to recall those Orders, or of inducing neutral nations to enterpose, with effect, to obtain their revocation; but, on the contrary, the same have been recently enforced with increased rigour:—And whereas his majesty, under these circumstances, finds himself compelled to take further measures for asserting and vindicating his just rights, and for supporting that maritime power which the exertions and valour of his people have, under the blessing of 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 intercourse and happiness of mankind:—His majesty is therefore pleased, by and with the advice of his privy council, to order, and it is hereby ordered, That all the 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 which, although not at war with his majesty, the British flag is excluded, and all ports or places in the colonies belonging to his majesty's enemies, shall from henceforth be subject to the same restrictions, in point of trade and navigation, with the exceptions hereinafter 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 are of the produce or manufacture of the said countries or colonies, shall be deemed and considered to be unlawful; and that every vessel trading from or to the said countries or colonies, together with all goods and merchandize on board, and all articles of the produce or manufacture of the said countries or colonies, shall be captured and condemned as prize to the captors.—But, although his majesty would be fully justified, by the circumstances and considerations above recited, in establishing such system of restrictions with respect to all the countries and colonies of his enemies, without exception or qualification; yet his majesty, being nevertheless desirous not to subject neutrals to any greater inconvenience than is absolutely inseparable from the carrying into effect his majesty's just determination to counteract the designs of his enemies, and to retort upon his enemies themselves the consequences of their own violence and injustice; 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 with colonial produce for their own consumption and supply; and even to leave open, for the present, such trade with his majesty's enemies as shall be carried on directly with the ports of his majesty's dominions, or of his allies, in the manner hereinafter mentioned:—His majesty is therefore pleased further to order, and it is hereby ordered, That nothing herein contained shall extend to subject to capture or condemnation any vessel, or the cargo of any vessel, belonging 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 cargo from some port or place of the country to which she belongs, either in Europe or America, or from some free port in his majesty's colonies, under circumstances in which such trade from such free port is permitted, direct to some port or place in the colonies of his majesty's enemies, or from those colonies direct to the country to which such vessels belong, or to some free port in his majesty's colonies, in such cases, and with such articles, as it may be lawful to import into such free port;—nor to any vessel, or the cargo of any vessel, belonging to any country not at war with his majesty, which shall have cleared out from some port or place in this kingdom, or from Gibraltar or Malta, under such regulations as his majesty may think fit to prescribe, or from any port belonging to his majesty's allies, and shall be proceeding direct to the port specified in her clearance;—nor to any vessel, or the cargo of any vessel belonging to any country not at war with his majesty, which shall be coming from any port or place in Europe which is declared by this Order to be subject to the restrictions incident to a state of blockade, destined to some port or place in Europe belonging to his majesty, and which shall 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 for being enemies' 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 instructed to warn every vessel which shall have commenced her voyage prior to any notice of this Order, and shall be destined to any port of France, or of her allies, or of any other country at war with his majesty, or to any port or place from which the British flag as aforesaid is excluded, or to any colony belonging to his majesty's enemies, and which shall not have cleared out as is hereinbefore allowed, to discontinue her voyage, and to 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 afforded for the arrival of information of this his majesty's Order at any port or place from which she sailed, or which, after having notice of this Order, shall be found in the prosecution of any voyage contrary to the restrictions contained in this Order, shall be captured, and, together with her cargo, condemned as lawful prize to 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 merchants of those countries 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 'Certificates of Origin,' being certificates obtained at the ports of shipment, declaring that the articles of the cargo are not of the produce or manufacture of his majesty's dominions; or to that effect:—And whereas this expedient has been directed by France, and submitted 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 accomplishing the same, and it is therefore essentially necessary to resist it:—His majesty is therefore pleased, by and with the advice of his privy council, to order, and it is hereby ordered, That if any vessel, after reasonable time shall have been afforded for receiving notice of this his majesty's Order at the port or place from which such vessel shall 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 be adjudged 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 hon. the lords commissioners of his majesty's treasury, etc. [almost identical with no. I].

VI.
NOVEMBER 11, 1807

App.I.16

Order in Council; containing certain Regulations under which the Trade to and from the enemies Country shall be carried on.

App.I.17

AT the Court at the Queen's Palace, the 11th Nov. 1807: present, the King's most excellent Majesty in Council.—Whereas articles of the growth and manufacture of foreign countries cannot by law be imported into this country, except in British ships, or in ships belonging to the countries of which such articles are the growth and manufacture, without an Order in council specially authorizing the same:—His majesty, taking into consideration the Order of this day's date, respecting the trade to be carried on 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 permitted 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, or merchandizes, specified and included in the schedule of an act, passed in the 43rd year of his present majesty's reign, intituled, 'an act to repeal the duties of customs payable in Great Britain, and to grant other duties in lieu 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 duties, and liable to such drawbacks, as are now established by law upon the importation of the said goods, wares, or merchandize, in ships navigated according to law: and with respect to such of the said goods, wares, or merchandize, as are authorized to be warehoused under the provisions of an act, passed in the 43rd year of his present majesty's reign, intituled, 'an act for permitting certain goods imported into Great Britain, to be secured in warehouses without payment of duty,' subject to all the regulations of the said last-mentioned act; and with respect to all articles which are prohibited by law from being imported into this country, it is ordered, That the same shall be reported for exportation to any country in amity or alliance with his majesty.—And his majesty is further pleased, by and with the advice of his privy council, to order, and it is hereby ordered, That all vessels which shall arrive at any port of the united kingdom, or at the port of Gibraltar, or Malta, in consequence of having been warned pursuant to the aforesaid order, or in consequence of receiving information in any other manner of the said Order, subsequent to their having taken on board any part of their cargoes, whether previous or subsequent to their sailing, shall be permitted to report their cargoes for exportation, and shall be allowed to proceed upon their voyages to their original ports of destination (if not unlawful before the issuing of the order) or to any port at amity with his majesty, upon receiving a certificate from the collector or comptroller of the customs at the port at which they shall so enter (which certificate the said collectors and comptrollers of the customs are hereby authorized and required to give) setting forth, that such vessels came into such port in consequence of being so warned, or of receiving such information as aforesaid, and that they were permitted to sail from such port under the regulations which his majesty has been pleased to establish in respect to such vessels: but in case any vessel so arriving shall prefer to import her cargo, then 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, according to law, in case the said vessel had sailed after having received notice of the said Order, and in conformity 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 articles which may be on board the same, except sugar, coffee, wine, brandy, snuff, and tobacco, to clear out to any port whatever, to be specified in such clearance; and, with respect to the last mentioned articles, to export the same to such ports and under such conditions and regulations only as his majesty, by any licence to be granted for that purpose, may direct.—And, etc. [identical with no. v].

VII.
NOVEMBER 11, 1807

App.I.18

Order in Council; declaring the future Sale and Transfer of enemies Vessels to the Subjects of a Neutral Country, to be invalid.

App.I.19

AT the Court at the Queen's Palace, the 11th Nov. 1807; present, the King's most excellent Majesty in Council.—Whereas the sale of ships by a belligerent to a neutral, is considered by France to be illegal:—and whereas a great part of the shipping of France and her allies has been protected from capture during the present hostilities by transfers, or pretended transfers, to neutrals:—And whereas it is fully justifiable to adopt the same rule, in this respect, towards the enemy, which is applied by the enemy to this country:—His majesty is pleased, by and with the advice of his privy council, to order, and it is hereby ordered, That in future the sale to a neutral of any vessel belonging to his majesty's enemies shall not be deemed to be legal, nor in any manner to transfer the property, nor to alter the character of such vessel: and all vessels now belonging or which shall hereafter belong to any enemy of his majesty, notwithstanding any sale or pretended sale to a neutral, after a reasonable time shall have clapsed for receiving information of this his majesty's Order at the place where such sale or pretended sale was effected, shall be captured and brought in, and shall be adjudged as lawful prize to the captors. And, etc. [identical with no. v].

VIII.
NOVEMBER 18, 1807

App.I.20

Order in council; approving Draught of Instructions to the Commanders of his Majesty's Ships of War and Privateers, &c. to act in due conformity to and execution of the Order in Council of the 11th of November, declaring the Dominions of his Majesty's Enemies and of Countries under their Controul, in a state of Blockade.

App.I.21

AT the Court at the Queen's Palace, the 18th Nov. 1807; present, the King's most excellent Majesty in Council.—Whereas there was this day read at the Board, the annexed Draught of Instructions to the Commanders of all ships of war and privateers, and to the judge of the high court of admiralty, and the judges of the courts of vice admiralty, strictly charging and enjoining them to act in due conformity to and execution of his majesty's Order in Council of the 11th of this instant, declaring the dominions of his majesty's enemies, and of countries under their controul in a state of blockade, under the exceptions specified in the said Order: his majesty, taking the said draught of instructions into consideration, was pleased, with the advice of his privy council, to approve thereof, and to order, as it is hereby ordered, That the right hon. lord Hawkesbury, one of his majesty's principal secretaries of state, do cause the said instructions (a copy whereof is hereunto annexed) to be prepared for his majesty's royal signature.

App.I.22

Draught of Instructions to the Commanders of his Majesty's Ships of War and Privateers, and to the judge of the High Court of Admiralty, and Judges of the Courts of Vice Admiralty.

App.I.23

Whereas by our Order in Council of the 11th Nov. instant, it is recited and ordered as follows; to wit, &c. [Here the said Order is recited, as in no. v, ante, p. 393.] 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 privateers do act in 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 under the restrictions of blockade as aforesaid, from carrying from any port or place of the country to which such vessel belongs, any articles of manufacture or produce whatever, not being enemies property, to any port or place in this kingdom.—And we do further direct, That all articles of British manufacture, upon due proof thereof, (not being naval or military stores) shall be restored by our courts of admiralty or vice admiralty, on whatever voyage they may have been captured, to whomsoever the same shall appear to belong: and we do further direct, with respect to vessels subject only to be warned, that any vessel which shall belong to any country not declared by the said Order to be under the restrictions of blockade and which shall be proceeding on her voyage direct to some port or place of the country to which such vessel belongs, shall be permitted to proceed on her said voyage; and any vessel bound to any port in America or the West Indies, to which port or place such vessel does not belong, and which is met near to America or the West Indies, shall be permitted, at the choice of the master of such vessel to proceed either to Halifax, or to one of our free ports in the West Indies, at the option of such master, which choice of the master, and the port chosen by and assigned to him, shall be written on one or more of the principal ship's papers; and any vessel subject to warning, met beyond the equator, shall in like manner be permitted to proceed, at the choice of the master of such vessel, either to St. Helena, the Cape of Good Hope, or the island of Ceylon, and any such vessel which shall be bound to any port or place in Europe, shall be permitted, at the choice of the master of such vessel, to proceed either to Gibraltar or Malta, or to any port in this kingdom, at the option of such master, which request of the master, as well as the port chosen by and assigned to him, shall be in like manner written upon one or more of the principal ships' papers: and we do further direct, that nothing in the above Order contained, shall extend or be construed to extend to repeal or vacate the additional instructions of the 4th day of February last, directing that neutral vessels laden with cargoes consisting of the articles therein enumerated, coming for importation to any port of our united kingdom (provided they are not coming from any port in a state of strict and rigorous blockade) shall not be interrupted.

IX.
NOVEMBER 25, 1807

App.I.24

Order in Council; establishing certain Regulations as to Vessels clearing out from this Kingdom, with reference to the Order of the 11th of November instant.

App.I.25

AT the Court at the Queen's Palace, the 25th Nov. 1807; present, the King's most excellent Majesty in Council.—Whereas his majesty, by his Order in council, dated 11th of Nov. instant, respecting the trade to be carried on with his majesty's enemies, was pleased to exempt from the restrictions of the said Order all vessels which shall have cleared out from any port or place in this kingdom under such regulations as his majesty may think fit to prescribe, and shall be proceeding 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 council, to order, and it is hereby ordered, That all vessels belonging to countries not at war with his majesty, shall be permitted to lade in any port of the united kingdom any goods, being the produce or manufacture of his majesty's dominions, or East India goods or prize goods (all such goods having been lawfully imported) and to clear out with, and freely 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 state 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 exportation of any such goods, or in respect of the same being destined to the ports of the colonies belonging to his majesty's enemies, and likewise to lade, clear out with, and convey as aforesaid, any articles of foreign produce or manufacture which shall have been lawfully imported into this kingdom, provided his majesty's licence shall have been previously obtained for so conveying such foreign produce or manufactures: and it is further ordered, That any vessel, belonging 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, produce, or manufacture of this kingdom, or which shall have been lawfully imported, (save and except foreign sugar, coffee, wine, brandy, snuff, and cotton) and to clear out with, and freely to convey the same to any port, to be specified 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 convey foreign sugar, coffee, 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 shall be permitted to clear out from any port or place in this kingdom, to any port or place of any country subjected to the restrictions of the said 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 first duly entered and landed the same in some port or place in this kingdom; and that no vessel shall be permitted to clear out from any port or place in this kingdom to any port or place whatever, with any goods, the produce or manufacture of any country subjected to the restrictions of the said Order, which shall 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 have 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 duly entered and landed the same in some port or place in this kingdom, except the cargo shall 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, except cotton, and which shall have been imported in an unmanufactured state direct from such country into this kingdom, in a vessel belonging to the country from which such goods have been brought, and in which the same were grown and produced: and it is further ordered, That any vessel belonging to any country not at war with his majesty, may clear out from Guernesy, Jersey, or Man, to any port or place under the restrictions of the said Order, which shall be specified in the clearance, not being in a state of actual blockade, with such articles only, not being naval or military stores, as shall have been legally imported 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 respectively, from any port or place under the restrictions of the said Order, it shall not be permitted to any vessel to clear out with the same from any of the said islands, except to some port or place in this kingdom. And, etc. [identical with no. v].

X.
NOVEMBER 25, 1807

App.I.26

Order in Council; approving Draught of Additional Instructions to the Commanders of Ships of War and Privateers, &c. for protecting Goods going from and coming to any Port of the United Kingdom, to whomsoever the Property may appear to belong.

App.I.27

AT the Court at the Queen's Palace, the 25th Nov. 1807; present, the King's most excellent Majesty in Council.—Whereas there was this day read at the Board, the annexed Draught of Additional Instructions to the commanders of all ships of war and privateers, and to the judge of the high court of admiralty, and the judges of the courts of vice admiralty, for protecting goods going from and coming to any port of the united kingdom, to whomsoever the property may appear to belong: his majesty, taking the said Draught of Instruction into consideration, was pleased, with the advice of his privy council, to approve thereof, and to order, as it is hereby ordered. That, etc. [almost identical with no. VIII].

App.I.28

Draught of an Additional Instruction to the Commanders of Our Ships of War and Privateers, and to the Judge of Our High Court of Admiralty, and the Judges of Our Courts of Vice Admiralty.

App.I.29

Our will and pleasure is, that vessels belonging to any state nor [not] at war with us, laden with cargoes in any ports of the united kingdom, and clearing out according to law, shall not be interrupted or molested in proceeding to any port in Europe (except ports specially notified to be in a state of strict and rigorous blockade before our order of the 11th Nov. instant) or which shall hereafter be so notified, to whomsoever the goods laden on board such vessels may appear to belong: and we do further 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 importation, shall not be interrupted in the said voyages, to whomsoever the goods 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 so coming, shall 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 enquire, with all convenient speed, into the alledged destination, and in case any vessel and goods so brought in and detained shall be proceeded against in our high court of admiralty, or in any courts of vice admiralty, we hereby direct that the same shall be forthwith restored, upon satisfactory proof being made that the cargo was coming for importation to a port of this kingdom.

XI.
NOVEMBER 25, 1807

App.I.30

Order in Council; respecting Enemies Produce and Manufacture on board British Ships.

App.I.31

AT the Court at the Queen's Palace, the 25th Nov. 1807; present, the King's most excellent Majesty in Council.—Whereas his majesty, by his Order in Council of the 11th Nov. inst. was pleased to order and declare that all trade in articles which are of the produce or manufacture of the countries and colonies mentioned in the said order, shall be deemed and considered 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 hereby ordered and declared, That nothing in the said Order contained shall extend to subject to capture and confiscation any articles of the produce and manufacture of the said countries and colonies, laden on board British ships, which would not have been subject to capture and confiscation if such Order had not been made. And, etc. [identical with no v].

XII.
NOVEMBER 25, 1807

App.I.32

Order in Council; appointing Times at which Notice shall be presumed to have been received of the Order of the 11th instant at the different places specified in the said Order.

App.I.33

AT the Court at the Queen's Palace, the 25th Nov. 1807; present, the King's most excellent Majesty in Council.—Whereas it has been represented that it would be expedient to fix certain periods, at which it shall be deemed that a reasonable time shall have elapsed for receiving information, at different places, of his majesty's Order in council of the 11th Nov. instant, respecting the trade with his majesty's enemies, 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 thereto, and also to allow ample time for the said Order being known to all persons who may be affected thereby, is pleased, by and with the advice of his privy council, to order and declare, and it is hereby ordered and declared, That information of the said Order of the 11th Nov. instant, shall be taken and held to have been received in the places hereinafter mentioned, at the periods respectively assigned to them; namely, ports and places within the Baltic, Dec. 21st 1807; other ports and places to the northward of Amsterdam, Dec. 11th 1807; from Amsterdam to Ushant, Dec. 4th 1807; from Ushant to Cape Finisterre, Dec. 8th 1807; from Cape Finisterre to Gibraltar, inclusive, Dec. 13th 1807; Madeira, Dec. 13th 1807; ports and places within the Streights of Gibraltar, to Sicily and Malta, and the west coast of Italy, inclusive, Jan. 1st 1808; all other ports and places in the Mediterranean, beyond Sicily and Malta, Jan. 20th 1808; ports and places beyond the Dardanelles, Feb. 1st 1808; any part of the north and western coast of Africa, or the islands adjacent, except Madeira, Jan. 11th 1808; the United States, and British possessions in North America and the West Indies, Jan. 20th 1808; Cape of Good Hope, and the east coast of South America, March 1st 1808; India, May 1st 1808; China, and the coast of South America, June 1st 1808; and every vessel sailing on or after those days from those 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 the periods above assigned respectively, from any of the said places, in contravention of the said Order of the 11th Nov. instant, and shall be detained as prize on account thereof; or shall arrive at any port in this kingdom, destined to some port or place within the restriction of the said Order, and proof shall be made to the satisfaction of the court of admiralty, in which such vessel shall be proceeded against, in case the same shall be brought in as prize, that the loading of the said vessel had commenced before the said periods, and before information of the said Order had actually been received at the port of shipment, the said vessel, together with the goods so laden, shall be restored to the owner or owners thereof, and shall be permitted to proceed on her voyage, in such manner as if such vessel had sailed before the day so specified as aforesaid; and it is 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 11th Nov. instant had not been received at the said places respectively, at the several periods before assigned. And, etc. [identical with no. v].

XIII.
NOVEMBER 25, 1807

App.I.34

Order in Council; establishing certain Regulations as to Vessels clearing out from the Ports of Gibraltar and Malta, with reference to the Order of the 11th Nov. instant.

App.I.35

AT the Court at the Queen's Palace, the 25th Nov. 1807; present the King's most excellent Majesty in Council.—Whereas his majesty, by his Order in Council, dated the 11th Nov. instant, respecting the trade to be carried on with his majesty's enemies, was pleased to exempt from the restrictions of the said Order all vessels belonging to any country not at war with his majesty, together with their cargo, which shall be coming from any port or place in Europe which is declared in the said Order to be subject to the restrictions incident to a state of blockade, direct to some port or place in Europe belonging to his majesty; and also all vessels which shall be cleared out from Gibraltar or Malta under such regulations as his majesty may think fit to prescribe, and which shall be proceeding direct to the ports specified in their respective clearances: and whereas it is expedient to encourage the trade from Gibraltar and Malta to countries under the restrictions of the said Order subject to regulations to be made in respect thereto: his majesty is therefore pleased to prescribe the following regulations in regard to such trade accordingly, and, by and with the advice of his privy council, to order, and it is hereby ordered, That all sorts of flour and meal, and all sorts of grain, tobacco, and any other article in an unmanufactured state, being the growth and produce of any country not being subjected by the said Order to the restrictions incident to a state of blockade (except cotton, and naval and military stores) which shall have been imported into Gibraltar or Malta, direct from the country where the same were grown and produced, shall, without any licence, be permitted to be cleared out 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 imported, nor any article which is not the growth, produce, or manufacture of this kingdom, or which has not been imported in a British ship, or from this kingdom direct, (except fish), and which shall have been laden at the port of original shipment, after the period directed by an Order of this date to be taken as the time at which notice of the said Order of the 11th Nov. shall be considered as having been received at such port of shipment, shall be permitted to be exported from Gibraltar or Malta, except to some port or place in this kingdom: and all other articles of the growth, produce and manufacture of this kingdom, or which shall have been imported into Gibraltar or Malta in a British ship, or from some port or place in this kingdom, together with the article of fish, however imported, may be exported to any ports or places in the Mediterranean or Portugal, under such licence only as is hereinafter directed to be granted by the governor of Gibraltar and Malta respectively: and it is hereby further ordered, That licences be granted by the governors, lieutenant 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 persons as the said governors, lieutenant governors, or persons having the chief civil command shall think fit, allowing such person or persons to export from Gibraltar 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 Finisterre, and from Malta direct to any port being within the Mediterranean, with any articles of the produce or manufacture of his majesty's dominions; and any articles which 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 country not at war with his majesty, or in any vessel not exceeding one hundred tons burthen, and being unarmed, belonging to the country to which such vessel shall be cleared out and going; and also to import in any such vessel or vessels as aforesaid, from any port within the Mediterranean, to Gibraltar or Malta, or from any port in Portugal or Spain as aforesaid, to Gibraltar, such port and such destination respectively to be specified in such licence, any articles of merchandize, whatsoever and to whomsoever the same may appear to belong, such articles to be specified in the bill of lading of such vessel, subject however to such further regulations and restrictions 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 respectively, as to them shall from time to time seem fit and expedient.—And it is further ordered, That in every such licence shall be inserted the names and residence of the person or persons to whom it shall be granted, the articles 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 actual blockade; and that no licence 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 port which shall be actually blockaded by any naval force of his majesty, or of his allies.—And it is further ordered, That the commanders of 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 restrictions, as shall be expressed therein.—And it is furthered 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 detained and brought in for legal adjudication, such vessel, with her cargo, shall be fort with released by the court of admiralty or vice admiralty, in which proceedings shall be commenced, upon proof being made that the parties had duly conformed to the terms, regulations, and restrictions of the said licence; the proof of such conformity to lie upon the person or persons claiming the benefit of this Order, or obtaining or using such licence, or claiming the benefit thereof.—And it is hereby further ordered, That no vessel belonging to any state on the coast of Barbary, shall be prevented from sailing with any articles of the growth or produce of such state, from any port or place in such state to any port or place in the Mediterranean or Portugal, such port or place not being actually blockaded by some naval force belonging to his majesty, or his allies, without being obliged to touch at Gibraltar or Malta.—And, etc. [identical with no. v].

XIV.
DECEMBER 18, 1807

App.I.36

Order in Council; declaring that his Majesty's Orders of the 11th of Nov. shall not extend to permit the Produce of enemies Colonies in the West Indies to be brought direct to any British Port in Europe.

App.I.37

AT the Court at Windsor, the 18th Dec. 1807; present, the King's most excellent Majesty in Council:

App.I.38

His majesty is pleased, by and with the advice of his privy council, to order, and it is hereby ordered, That nothing in his majesty's Order in Council of the 11th of Nov. last, shall extend or be construed to extend, to permit any vessel to import any articles of the produce or manufacture of the enemy's colonies 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 kingdom direct from the colonies aforesaid, shall nevertheless 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, etc. [identical with no. v].


Notes for this chapter


59.
The Orders in Council are here reprinted from Hansard, vol. X, pp. 126-48. Although the text, unfortunately, is not very good, it has been followed literally in all respects, including spelling, capitalization, &c. A collation, kindly undertaken at my request by Dr. Knut Petersson, with the text of the Orders as inserted in the London Gazette (all except II, III, VIII, X, and XII of the following series), has shown almost complete conformity with the rendering of Hansard. The chronological order of the original has been preserved; but for the different Orders issued under the same date, the order of the original has been slightly changed to one more logical. The headings have been italicized by the editor for the sake of convenience, and signatures have been omitted. No. IV is signed 'Steph. Cottrell'; all the rest 'W. Fawkener' or 'Fawkner'.

End of Notes


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