Page images
PDF
EPUB
[ocr errors]

DRAUGHT of an Additional Instruction be employed in a trade to or from the

to the Commanders of our Ships of ports of the united kingdom, shall until War and Privateers.

further order, be suffered to pass free Our will and pleasure is, That you do and unmolested, notwithstanding that the not interrupt Neutral Vessels laden with said countries are or may be in the poscargoes consisting of the Articles herein- session or under the controul of France after enumerated, coming for Importation and her allies; and that all such ships and to any port of our united kingdom (pro- goods so trading, which may have been vided they are not coming from any portalready detained, shall be forthwith libein a state of strict and rigorous blockade); rated, and restored : his majesty, taking and in case any such vessel so coming the said draught of additional instructions with such Articles, shall be brought for into cousideration, was pleased, with the adjudication before our high court of admi- advice of his privy council, to approve ralty, or any court of vice admiralty, we thereof; and to order, as it is hereby or, hereby direct that the same shall be forth. dered, That the right honourable ear! with liberated, upon a claim being given Spencer, one of his majesty's principal by or on behalf of the merchant or mer- secretaries of state, do cause the said adchants to whom such Articles are coming ditional instruetions to be prepared for for Importation.

his majesty's royal signature. Enumeration of Articles.

(Signed) W. FAWKENER. Grain, viz. corn, meal, and flour, (if ADDITIONAL INSTRUCTIONS to the Comimportable according to the provisions of manders of Ships of War and Privathe corn laws); rice, Spanish wool, Mo teers, to the Judge of the High Court hair yarn, madder and madder roots, of Admiralty, and the Judges of the smalts, shumack, argol, galls, cream of courts of Vice Admiralty. Given, &c. tartar, safflower, valone, brimstone, Span Our will and pleasure is, That the ships ish wine, indigo, saffron, verdigrease, and goods belonging to the inhabitants of cochineal, orchella weed, cork, olive oil, Hamburgh, Bremen, and other places and fruit, ashes, juniper berries, barilla ; countries in the north of Germany, which organzined, thrown, and raw silk (not vessels and goods shall be employed in a being of the production of the East Indies trade to or from the ports of our united or China); quicksilver, bullion coined kingdom, shall, until further order, be sufand uncoined; goat, kid, and lamb fered to pass free and unmolested, notskins; rags, oak bark, flax, seeds, oil of withstanding that the said countries are or turpentine, pitch, hemp, timber, fir, oak, may be in the possession or under the conoak plank, masts, and yards.

troul of France and her allies; and all Order in Council; approving Draught such ships and goods so trading which

of Additional Instructions directing may have been already detained, shall
that the Ships and Goods belonging be forthwith liberated and restored.
to the Inhabitants of Hamburgh, Bre Order in Council ; directing, that all
men, and other places and countries Vessels under the flag of Mecklen-
in the north of Germany, which Ves burgh, Oldenburgh, Papenburgh, or
sels and Goods shall be engaged in Kniphausen, shall be forthwith warned
the Trade to or from the Ports of the not to trade in future at any hostile
United Kingdom, shall, until further Port, unless such vessels shall be going
Order, be suffered to pass free and un from or coming to a Port of the United
molested, &c,

Kingdom, &c.
At the Court at the Queen's Palace, the At the Court at the Queen's Palace, the
18th of Feb. 1807; present, the King's 19th of August 1807 ; present, the King's
most excellent Majesty in Council. most excellent Majesty in Council. His
Whereas there was this day read at the majesty, taking into consideration the mea-
board the annexed draught of Additional sures recently resorted to by the enemy
instructions to the commanders of ships of for distressing the commerce of the united
war and privateers, and to the judge of kingdom, is pleased, by and with advice
the high court of admiralty, and the judges of his privy council

, to order, and it is of the courts of vice-admiralty, directing, hereby ordered, That all vessels under the that the ships and goods belonging to the flag of Mecklenburgh, Oldenburgh, PaInhabitants of Hamburgh, Bremen, and penburgh, or Kniphausen, shall be forthother places and countries in the north with warned not to trade in future at any of Germany, which vessels and goods shall hostile port, unless such vessels shall be Vol. X.

K

[ocr errors]
[ocr errors]

going from or coming to a port of the blished by law upon the importation of united kingdom ; and in case any such the said goods, wares, or merchandize, vessel, after having been so warned, shall in ships navigated according to law': and be found trading, or to have traded after with respect to such of the said goods, such warning; or in case any vessel or wares, or merchandize, as are authorized goods, belonging to the inhabitants of such to be warehoused under the provisions of countries, after the expiration of 6 weeks an act, passed in the 43rd year of his prefrom the date of this order, shall be found sent majesty's reign, intituled, “ an act trading, or to have traded after such 6 for permitting certain goods imported into weeks have expired, at any hostile port, Great Britain, to be secured in warehouses such vessel and goods, unless going from without payment of duty,” subject to all or coming to a port of the united king. the regulations of the said last-mentioned dom, shall be seized and brought in for act; and with respect to all articles which legal adjudication, and shall be condemned are prohibited by law from being imported as lawful prize to his majesty : and his ma into this country, it is ordered, That the jesty's principal secretaries of state, the same shall be reported for exportation to lords commissioners of the admiralty, and any country in amity or alliance with his the judge of the high court of admiralty. majesty. And his majesty is further and judges of the courts of vice admiralty, pleased, by and with the advice of his are to take the necessary measures herein privy council, to order, and it is hereby as to them may respectively appertain. ordered, That all vessels which shall ar(Signed) STEPH. CottrelL.

rive at any port of the united kingdom, ORDER in Council; containing certain or at the port of Gibraltar, or Malta, in

Regulations under which the Trade consequence of having been warned purto and from the enemies Country shall suant to the aforesaid Order, or in consebe carried on.

quence of receiving information in any At the Court at the Queen's Palace, the other manner of the said Order, subsequent 11th Nov. 1807 : present, the King's most to their having taken on board any part of excellent Majesty in Council.—Whereas their cargoes, whether previous or subsearticles of the growth and manufacture of quent to their sailing, shall be permitted foreign countries cannot by law be im- to report their cargoes for exportation, and ported into this country, except in British shall be allowed to proceed upon their ships, or in ships belonging to the coun voyages to their original ports of destinatries of which such articles are the growth tion (if not unlawful before the issuing of and manufacture, without an Order in the order) or to any port at amity with his council specially authorizing the same : majesty, upon receiving a certificate from His majesty, taking into consideration the the collector or comptroller of the customs Order of this day's date, respecting the at the port at which they shall so enter trade to be carried on to and from the (which certificate the said collectors and ports of the enemy, and deeming it expe- comptrollers of the customs are hereby dient that any vessel, belonging to any authorized and required to give) setcountry in alliance or at amity with his ting forth, that such vessels came into majesty, may be permitted to import into such port in consequence of being so this country articles of the produce or warned, or of receiving such information manufacture of countries at war with his as aforesaid, and that they were permitted majesty :-His majesty, by and with the to sail from such port under the regulaadvice of his privy council

, is therefore tions which his majesty has been pleased pleased to order, and it is hereby ordered, to establish in respect to such vessels : but That all goods, wares, or merchandizes, in case any vessel so arriving shall prefer specified and included in the schedule of to import her cargo, then such vessel shall an act, passed in the 43rd year of his pre

be allowed to enter and import the same, sent majesty's reign, intituled, “ an act to upon such terms and conditions as the said repeal the duties of customs payable in cargo might have been imported upon, acGreat Britain, and to grant other duties in cording to law, in case the said vessel had lieu thereof,” may be imported from any sailed after having received notice of the port or place belonging to any state not said Order, and in conformity thereto. at amity with his majesty, in ships belong- | And it is further ordered, That all vessels ing to any state at amity with his majesty, which shall arrive at any port of the united subject to the payment of such duties, and Langdom, or at Gibraltar, or Malta, in conliable to such drawbacks, as are now esta

mity and bedience to the said Order,

shall be allowed, in respect to all articles Order in Council; declaring the Dowhich may be on board the same, except 'minions of his Majesty's Enemies, sugar, coffee, wine, brandy, snuff, and to and of Countries under their Controul, bacco, to clear out to any port whatever, in a state of Blockade, under the Exto be specitied in such clearance ; and, ceptions specified in the said Order. with respect to the last mentioned articles, At the Court at the Queen's Palace, the to export the same to such ports and under 11th Nov. 1807; present, the King's most such conditions and regulations only as excellent Majesty in Council.–Whereas · his majesty, by any licence to be granted certain Orders, establishing an unprecefor that purpose, may direct. And the dented system of warfare against this right hon. the lords commissioners of his kingdom, and aimed especially at the demajesty's treasury, his majesty's principal struction of its commerce and resources, secretaries of state, the lords commission were some time since issued by the goers of the adıniralty, and the judges of the vernment of France, by which “ the British high court of admiralty and courts of vice- islands were declared to be in a state of admiralty, are to take the necessary mea-blockade,” thereby subjecting to capture sures herein, as to them shall respectively and condemnation all vessels, with their appertain. (Signed) W. FAWKENER. cargoes, which should continue to trade ORDER in Council; declaring the future with his majesty's dominions : - And

Sale and Transfer of enemies Vessels whereas by the same Orders, “ all trading to the Subjects of a Neutral Country, in English merchandize is prohibited; to be invalid.

and every article of merchandize beAt the Court at the Queen's Palace, the longing to Englanil, or coming from her 11th Nov. 1807; present, the King's most colonies, or of her manufacture, is declared excellent Majesty in Council.—Whereas lawful prize:"-And whereas the nations the sale of ships by a belligerent to a neu- in alliance with France, and under her tral, is considered by France to be illegal: controul, were required to give, and have -And whereas a great part of the ship- given, and do give, effect to such Orders: ping of France and her allies has been And whereas his majesty's Order of the protected from capture during the present 7th of January last, has not answered the hostilities by transfers

, or pretended trans- desired purpose, either of compelling the fers, to neutrals:-And whereas it is fully enemy to recall those Orders, or of injustifiable to adopt the same rule, in this ducing neutral nations to interpose, with respect, towards the enemy, which is ap- effect, to obtain their revocation; but, on plied by the enemy to this country :-His the contrary, the same have been recently majesty is pleased, by and with the advice enforced with increased rigour :-And of his privy council, to order, and it is whereas his majesty, under these circumhereby ordered, That in future the sale to stances, finds himself compelled to take a neutral of any vessel belonging to his further measures for asserting and vindimajesty's enemies shall not be deemed to cating his just rights, and for supporting be legal

, nor in any manner to transfer the that maritime power which the exertions property, nor to alter the character of such and valour of his people have, under the vessel : and all vessels now belonging, or blessing of Providence, enabled him to which shall hereafter belong to any enemy establish and maintain; and the mainteof his majesty, notwithstanding any sale nance of which is not more essential to the or pretended sale to a neutral, after a rea- safety and prosperity of his majesty's dosonable time shall have elapsed for re- minions, than it is to the protection of such ceiving information of this his majesty's states as still retain their independence, Order at the place where such sale or pre- and to the general intercourse and happiten-led sale was effected, shall be captured ness of mankind :—His majesty is thereand brought in, and shall be adjudged as fore pleased, by and with the advice of lawful prize to the captors.And the right his privy

councis, to order, and it is hereby hon. the lords commissioners of his ma- ordered, That all the ports and places of jesty's treasury, his majesty's principal France and her allies, or of any other secretaries of state, the lords commissioners country at war with his majesty, and all of the admiralty, and the judges of the other ports or places in Europe, from which, high court of admiralty and courts of vice although not at war with his majesty, the admiralty, are to take the necessary mea- British flag is excluded, and all ports or sures herein, as to them shall respectively places in the colonies belonging to his appertain.

(Signed) W. FAWKENER. majesty's enemies, shall from henceforth

be subject to the same restrictions, in point | as it may be lawful to import into such of trade and navigation, with the excep- free port ;-nor to any vessel, or the tions hereinafter mentioned, as if the same cargo of any vessel, belonging to any were actually blockaded by his majesty's country not at war with his majesty, which naval forces, in the most strict and rigor- shall have cleared out from some port or ous manner: and it is hereby farther or- 'place in this kingdom, or from Gibraltar dered and declared, that all trade in ar or Malta, under such regulations as his ticles which are of the produce or manu-majesty may think fit to prescribe, or from facture of the said countries or colonies, any port belonging to his majesty's allies, shall be deemed and considered to be un and shall be proceeding direct to the port lawful; and that every vessel trading from specified in her clearance ;-nor to any or to the said countries or colonies, toge- vessel, or the cargo of any vessel, belongther with all goods and merchandize on ing to any country not at war with his board, and all articles of the produce or majesty, which shall be coming from any manufacture of the said countries or colo- port or place in Europe which is declared nies, shall be captured and condemned as by this Order to be subject to the restricprize to the captors.—But, although his tions incident to a state of blockade, desmajesty would be fully justified, by the tined to some port or place in Europe becircumstances and considerations above longing to his majesty, and which shall recited, in establishing such system of re be on her voyage direct thereto: but these strictions with respect to all the countries exceptions are not to be understood as exand colonies of his enemies, without ex- empting from capture or confiscation any ception or qualification; yet his majesty, vessel or goods which shall be liable therebeing nevertheless desirous not to subject to in respect of having entered or departed neutrals to any greater inconvenience than from any port or place actually blockaded is absolutely inseparable from the carrying by his majesty's squadrons or ships of war, into effect his majesty's just determination or for being enemies' property, or for any to counteract the designs of his enemies, other cause than the contravention of this and to retort upon his enemies themselves present Order.-And the commanders of the consequences of their own violence his majesty's ships of war and privateers, and injustice; and being yet willing to and other vessels acting under his majeshope that it may be possible (consistently ty's commission, shall be, and are hereby with that object) still to allow to neutrals instructed to warn every vessel which shall the opportunity of furnishing themselves have commenced her voyage prior to any with colonial produce for their own con- notice of this Order, and shall be destined sumption and supply; and even to leave to any port of France, or of her allies, or open, for the present, such trade with his of any other country at war with his mamajesty's enemies as shall be carried on jesty, or to any port or place from which directly with the ports of his majesty's the British flag as aforesaid is excluded, dominions, or of his allies, in the manner or to any colony belonging to his majesty's hereinafter mentioned :--His majesty is enemies, and which shall not have cleared therefore pleased further to order, and it out as is hereinbefore allowed, to disconis hereby ordered, That nothing herein tinue her voyage, and to proceed to some contained shall extend to subject to cap- port or place in this kingdom, or to ture or condemnation any vessel, or the Gibraltar or Malta ; and any vessel which, cargo of any vessel, belonging to any after having been so warned, or after a country not declared by this Order to be reasonable time shall have been afforded subjected to the restrictions incident to a for the arrival of information of this his state of blockade, which shall have cleared | majesty's Order at any port or place from out with such cargo from some port or which she sailed, or which, after having place of the country to which she belongs, notice of this Order, shall be found in the eithrer in Europe or America, or from some prosecution of any voyage contrary to the free port in his majesty's colonies, under restrictions contained in this Order, shall circumstances in which such trade from be captured, and, together with her cargo, such free port is permitted, direct to some condemned as lawful prize to the captors. port or piace m the colonies of his majesty's And whereas countries, not engaged in enemies, or from those colonies direct to the war, have acquiesced in the Orders of the country to which such vessel belongs, France, prohibiting all trade in any

artior to some free port in his majesty's colo- cles the produce or manufacture of his nies, in such cases, and with such articles, majesty's dominions; and the merchants

of those countries have given countenance | enjoining them to act in due conformity and effect to those prohibitions, by ac- to and execution of his majesty's Order in cepting from persons styling themselves Council of the 11th of this instant, decommercial agents of the enemy, resident claring the dominions of his majesty's at neutral ports, certain documents, termed enemies, and of countries under their con“ Certificates of Origin," being certifi- troul, in a state of blockade, under the cates obtained at the ports of shipment, exceptions specified in the said Order : declaring that the articles of the cargo are his majesty, taking the said draught of innot of the produce or manufacture of his structions into consideration, was pleased, majesty's dominions; or td that effect :- with the advice of his privy council, to And whereas this expedient has been di- approve thereof, and to order, as it is rected by France, and submitted to by hereby ordered, That the right hon. lord such merchants, as part of the new system Hawkesbury, one of his majesty's principal of warfare directed against the tradle of secretaries of state, do cause the said inthis kingdom, and as the most effectual in-structions (a copy whereof is hereunto strument of accomplishing the same, and annexed) to be prepared for his majesty's it is therefore essentially necessary to re- royal signature. (Signed) W. FAWKENER. sist it :- His majesty is therefore pleased, DRAUGAT of Instructions to the Comby and with the advice of his privy coun manders of his Majesty's Ships of cil, to order, and it is hereby ordered, War and Privateers, and to the judge That if any vessel, after reasonable time of the High Court of Admiralty, and shall have been afforded for receiving Judges of the Courts of Vice Adminotice of this his majesty's Order at the ralty. Given, &c. port or place from which such vessel shall Whereas by our Order in Council of have cleared out, shall be found carrying the 11th Nov. instant, it is recited and any such certificate or document as afore- ordered as follows ; to wit, &c. [Here said, or any document referring to or au the said Order is recited, as in p. 134.) thenticating the same, such vessel shall be Our will and pleasure is, and we do hereby adjudged lawful prize to the captor, to direct, by and with the advice of our gether with the goods laden therein, be- privy council, that the commanders of longing to the person or persons by whom, our ships of war and privateers do act in or on whose behalf

, any such document due conformity to and execution of our was put on board.-And the right hon. aforesaid Order in Council : and we do. the lords commissioners of his majesty's further order and declare, That nothing in treasury, his majesty's principal secreta- the said Order shall extend or be conries of state, the lords commissioners of the strued to extend to prevent any vessel, not admiralty, and the judges of the high belonging to a country declared to be court of admiralty and courts of vice- under the restrictions of blockade as admiralty, are to take the necessary mea aforesaid, from carrying from any port or sures herein as to them shall respectively place of the country to which such vessel appertain. (Signed) W: FAWKENER. belongs, any articles of manufacture or ORDER in Council ; approving Draught produce whatever, not being enemies pro

of Instructions to the Commanders of perty, to any port or place in this kinghis Majesty's Ships of War and Pri- dom.–And we do further direct, That all vateers, &c. to act in due conformity articles of British manufacture, upon due to and execution of the Order in proof thereof, (not being naval or military Council of the 11th of November, stores) shall be restored by our courts of declaring the Dominions of his Ma admiralty or vice admiralty, on whatever jesty's Enemies, and of countries voyage they may have been captured, to under their Controul, in a state of whomsoever the same shall appear to beBlockade.

long : and we do further direct, with resAt the Court at the Queen's Palace, the pect to vessels subject only to be warned, 18th Nov. 1807; present, the King's most that any vessel which shall belong to any excellent Majesty in Council.-Whereas country not declared by the said Order to there was this day read at the Board, the be under the restrictions of blockade, and annexed Draught of Instructions to the which shall be proceeding on her voyage Commanders of all ships of war and pri- direct to some port or place of the country vateers, and to the judge of the high court to which such vessel belongs, shall be perof admiralty, and the judges of the courts mitted to proceed on her said voyage ; of vice admiralty, strictly charging and and any vessel bound to any port in Ame

1

« PreviousContinue »