HC Deb 26 January 1808 vol 10 cc126-9

PRESENTED TO THE HOUSE OF COMMONS, BY HIS MAJESTY'S COMMAND, JAN. 26, 1808.

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.

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. (Signed) WM. FAWKNER.

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.

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 therein after 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. (Signed) W. FAWKNER. DRAUGHT of an Additional Instruction to the Commanders of our Ships of War and Privateers.

Our will and pleasure is, That you do not interrupt Neutral Vessels laden with cargoes consisting of the Articles hereinafter enumerated, coming for Importation 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 coining 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