HL Deb 29 July 1807 vol 9 cc996-8

The following is a copy of the Preamble moved by lord Holland on the report of the American Indemnity bill. (see page 806.) "Whereas, by an act of parliament made in the 12th year of his late majesty king Charles II, intitled "An act for the encouraging and increasing of trade and navigation;" It is, among other things, enacted, "That no goods or commodities, whatsoever, of the growth, produce, or manufacture of Asia, Africa, or America, or any part thereof, be imported into England, Ireland, or Wales, Islands of Guernsey and Jersey, or town of Berwick upon Tweed, in any other ship or ships, vessel or vessels whatsoever, but in such as do truly and without fraud belong only to the people of England or to Ireland, dominion of Wales, or town of Berwick upon Tweed, or of the lands, islands, plantations, or territories, in Asia, Africa, or America, to his majesty belonging, as the proprietors and right owners thereof."—And whereas by an act of parliament made in the l2th year of his late majesty king Charles II. intitled, "A subsidy granted to the king, of Tonnage and Poundage, and other sums of money payable upon merchandize exported and imported," it is declared, that "No rates can be "imposed on merchandize imported or exported by subjects or aliens, but by common consent in parliament."—And whereas in the preamble of an act of parliament made in the reign of their late majesties king William and queen Mary; intitled, "An act declaring the Rights and Liberties of the subject, and settling the Succession of the Crown," it is among other things declared, "That the pretended power of suspending of laws, or the execution of laws by regal authority without consent of parliament, is illegal, and that levying money for or to the use of the crown by pretence of prerogative without grant of parliament, for longer time, or in other manner than the same is or shall be granted, is illegal." And in pursuance of the same, it is declared and enacted in the said act, "That all and singular the rights and liberties asserted and claimed in the said declaration, are the true, ancient, and indubitable rights and liberties of the people of this kingdom, and shall so be esteemed, allowed, adjudged, deemed and taken to be, and that all and every the particulars aforesaid shall be firmly and strictly holden and observed, as they are expressed in the said declaration, and all officers and ministers whatsoever shall serve their majesties and their successors according to the same in all times to come."—And whereas the navigation and commerce between the people of this kingdom and the people of the united states of America, have, or ought to have, been carried on according to law, and the customs and duties arising from the same, have, or ought to have been regulated and collected, under the authority of sundry acts of parliament made his present majesty's reign; the last of which made in the 47th of his reign, did cease and determine on the first of June last. And whereas, on the 27th of April last, his majesty was advised to prorogue the parliament then sitting and two days thereafter, without any reason or necessity, to dissolve the same by his royal proclamation, before any act had passed for legalizing the commerce and navigation between the people of this kingdom and the people of the united states of America; after the expiration of the said act, or for authorizing the collection of the duties and customs arising there from after the expiration of the same: and whereas, it would have been of material inconvenience to his majesty's government and to the people of this kingdom, if in consequence of the said abrupt, uncalled for, and unprecedented dissolution of parliament, without any provision for the continuance of the said commerce and navigation, or for the collection of the said duties, the said commerce and navigation had been actually interrupted, or the payment of the said duties actually suspended, and therefore in the circumstances to which this kingdom had been reduced by the said abrupt dissolution of parliament, it was expedient to continue the same, though contrary to law and inconsistent with the provisions of sundry acts of parliament here in before recited. And whereas, it is expedient in order to prevent so dangerous a practice from being drawn into example, that, notwithstanding the said violations of law, particularly of the act of Charles II, Commonly called the Navigation Act, of the act made in the 12th year of the same reign, for conferring tonnage and poundage on that monarch, and of the act made in the first of William and Mary, commonly called the Bill of Rights, a bill of indemnity now be passed in favour of all persons, who, since the first of June, have been concerned in the said illicit commerce and navigation between this kingdom and the said united states of America, or in the collection of the said illicit duties and customs arising there from, or who, being bound to prevent such illicit practices, have tolerated or connived at the same."