|
The Acts, Orders in Council, &c. of Great Britain [on Trade], 1793 - 1812
[Order in Council] At the court at the Queen's Palace, the 11th
of November, 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, sometime 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 order, "all trading in English merchandise
is prohibited, and every article of merchandise 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 control,
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 interpose,
with effect, to obtain their revocation, but, on the contrary, the same
have been recently enforced with increased rigor:
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 valor
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 country 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 the
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 merchandise 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 cleared out with such cargo
from some port or place in the colonies of His Majesty's enemies, or
from those colonies direct to the country to which such vessel belongs,
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 under such
regulations as His Majesty may think fit to prescribe, and shall be
proceeding direct from some port or place in this kingdom, or from Gibraltar,
or Malta, or from any port belonging to His Majesty's allies, to the
port specified in her clearances; 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 enemy's 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 has 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
altogether with her cargo, condemned as lawful prize to the captors.
And whereas, countries not engaged in the war have acquiesced in these
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 is therefore essentially necessary to
resist it:
His Majesty is therefore pleased by 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 of place from which such vessel shall have cleared
out, shall be found carrying any such certificate or documents as aforesaid,
or any document referring to or authenticating the same, such vessel
shall be adjudged lawful prize to the captor, together with 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 honorable the Lords Commissioners of His Majesty's Treasury,
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.
W. FAWKENER.
Placed on the Napoleon
Series April 2003
[ Research
Index | Government
Index | British
Legislation Index ]
|
