Abbildungen der Seite
PDF
EPUB

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 ofthe 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 article or articles the produce of the soil of some country which is not sub. jected 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 Guernsey, 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 the right hon. the lords commissioners of his majesty's treasury, his majesty's principal secretaties 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) W. Fawkener. Order in Council; establishing cer

tain regulations as to vessels clearing out from the ports of Gibraltar and Malta, with reference to the order of the 11th Nov. instant.

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 manufac ture 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

1

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 towhomsoever 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 cominand 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 further 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 forthwith 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 the right hon. 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.

(Signed) W. FAWKENER.

Order in Council; respecting enemies produce and manufacture on board British ships.

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 the right hon. the lords commmissioners. 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.

(Signed) W. FAWKENER.

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 Eu

rope.

At the Court at Windsor, the 18th Dec. 1807; present, the King's most excellent Majesty in Council.---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 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 rive in the ports of this kingdom direct from the colonies aforesaid, shall nevertheless be released, upon proof being made that the charter-part or other agreement for the voyage was entered into before notice of this

may ar

order. And the right hon. 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 the courts of vice-admiralty, are to take the necessary measures herein as to them shall respectively appertain.

(Signed) W. FAWKENER.

No. V.

French Commercial Decree, signed Napoleon, and dated at Milan, Nov. 23, 1807.

Napoleon, Emperor of the French, King of Italy, and Protector of the Confederation of the Rhine-Upon the report of our minister of the finances, we have decreed, and do decree as follows:-Art. I. All vessels which, after having touched at England, from any motive whatsoever, shall enter the ports of France, shall be seized and confiscated, as well

as their cargoes, without exception or distinction of commodities or merchandize.-II. The captains of vessels who shall enter the ports of France, shall, on the day of their arrival, proceed to the office of the imperial customs, and there make a declaration of the place from which they sailed, of the ports they have put into, and exhibit their manifests, bills of lading, sea-papers, and logbooks.- When the captain shall have signed and delivered his declaration, and communicated his papers, the head officer of the customs shall interrogate the sailors separately, in the presence of two overseers. If it results from this examination that the vessel has touched at England, independent of the seizure and confiscation of the said ship and cargo, the captain, as well as those sailors, who, upon examinations shall have made a false declaration, shall be deemed prisoners, and shall not be set at liberty until after having paid the sum of 60,000 franks, as a personal penalty for the captain, and 500 franks for each of the sailors so arrested, over and above the pains incurred by those who falsify their papers and log-books.-III. If advice or information communicated to the directors of our customs give rise to any suspicions as to the origin of the cargoes, they shall be provisionally warehoused until it is ascertained and decided that they do not come from England or her colonies.--IV. Our commissaries for commercial relations, who deliver certificates of origin for merchandize laden in the ports of their residence destined for that of France, shall not confine themselves to an attestation that the merchandize or commodities do not come from England or her colonies or commerce;

they shall indicate the place of origin, the documents which have been laid before them in support of the declaration which has been made to them, and the name of the ship on board of which they have been primarily transported from the place of origin into that of their residence.

Decree against English Commerce, dated at Milan, Dec. 17, 1807, and signed by the Emperor Napoleon. Together with a Supplement by the French Minister of Marine.

Napoleon, Emperor of the French, King of Italy, and Protector of the Rhinish Confederation :-Observing the measures adopted by the British government, on the 11th of November last, by which vessels belonging to neutral, friendly, or even powers the allies of England, are made liable, not only to be searched by English cruizers, but to be compulsorily detained in England, and to have a tax laid on them of so much per cent. on the cargo, to be regulated by the British legislature.---Observing that by these acts the British government denationalizes ships of every nation in Europe, that it is not competent for any government to detract from its own independence and rights, all the sovereigns of Europe having in trust the sovereignties and independance of the flag; that if, by an unpardonable weakness, and which, in the eyes of posterity, would be an indelible stain, such a tyranny was allowed to be established into principles, and consecrated by usage, the English would avail themselves of it to assert it as a right, as they have availed themselves of the tolerance of governments to establish the infamous principle, that the flag of a nation does not cover goods, and to give to their right of

« ZurückWeiter »