tenant, or other chief governor or governors, and the privy council of Ireland, by order in council, from time to time, when and as often as the same shall be judged expedient, to permit, during the continuance of hostilities, and until six months after the ratification of a definitive treaty of peace, any such goods, wares, or merchandize, as shall be specified in any such order in council, to be imported from any port or place belonging to any kingdom or state not in amity with his Majesty, in ships belonging to the subjects of any kingdom or state in amity with his Majesty; any law then in force in the united kingdom, or in Great Britain or Ireland respectively, to the contrary thereof notwithstanding." By the 45 Geo. 3. c. 34. after reciting that it was expedient, under the then circumstances, to permit certain goods to be imported, under certain restrictions, in foreign ships belonging to subjects of states in amity with his Majesty, it was enacted, "that it shall be lawful for his Majesty, by and with the advice of his privy council, to grant a licence to any British subject to import into this kingdom, for his own account, or for account of a subject of any state in amity with his Majesty, from any country in America belonging to any foreign European sovereign or state, any goods of the growth or produce, whether manufactured or otherwise, of any such country, not prohibited to be used or consumed in this kingdom, in any ship belonging to any state in amity with his Majesty, and under such rules, regulations, restrictions, and securities, as his Majesty, with the advice of his privy council, shall approve; subject to the same duties as if imported in a British-built ship, and to the same rules respecting the payment thereof; with a proviso that all sugar and coffee imported in pursuance of the act shall be warehoused immediately on importation, and shall not be taken out of warehouse to be used or consumed in this kingdom, but only for exportation to foreign ports; provided always, that no such licence shall be granted to any person who shall not have exported, or given such security as shall be required for exporting, from this kingdom, according to law, to the possessions in America belonging to the same European sovereign or state, any goods or commodities bearing such proportion in value to the goods so to be imported as his Majesty, by and with the advice aforesaid, shall think reasonable, and direct." The statute then provided, that if any question should arise in any case, whether any thing which shall be done was authorized to be done by virtue of any such stances, and according to the terms and conditions in such licence to be expressed, should be on the person or persons respectively claiming the benefit of such licence. By the 46 Geo. 3. c. 111. after reciting that, during the late and the present war, emergencies had arisen, and licences been granted contrary to law, but justifiable by the necessity of the case, with a view to the necessary supply of the British West India islands, and of lands and territories belonging to his Majesty on the continent of South America; and that it was proper that provision should be made for meeting such emergencies in future, without the necessity of frequent violation of the law by his Majesty's officers; it was enacted, "that it shall be lawful for his Majesty, by and with the advice of his privy council, to permit or authorize the governors or governor of the said islands and territories, in such manner, and under such restrictions, as to his majesty, by and with the advice of his privy council, shall seem fit to permit, when the necessity of the case shall appear to his Majesty, with the advice of his privy council, to require it, during the present war, the importation into, and the exportation from, any island in the West Indies, in which description the Bahama islands and the Bermuda or Summer islands are included, or any lands or territories on the continent of South America belonging to his Majesty, of any such goods as shall be mentioned in such order of his Majesty in council, in any ships or vessels belonging to the subjects of any state in amity with his Majesty, in such manner as his Majesty, by and with the advice aforesaid, shall direct, subject to certain modifications mentioned in the act." The 47 Geo. 3. sess. 2. c. 27. empowered his Majesty, by order in council, to grant licences for permitting naval stores to be imported from any place in amity with him, in any ship belonging to any state in amity, and navigated in any manner. The 48 G. 3. c. 37. (1) reciting that neutral ships, bound to ports on the continent of Europe from which the British flag had been excluded, had arrived in the ports of the United Kingdom, having been warned or brought into such ports in consequence of his Majesty's orders in council for that purpose, and parts of the cargoes of such vessels had been admitted to entry for home consumption, or warehoused for exportation, and other parts of such cargoes, (1) See 15 East, 52. 1 consisting of goods the growth, produce, or manufacture of countries within the limits of the charter granted to the East India company, and not imported by the said East India company, and warehoused for exportation only; and in consequence of the late events in Portugal, wine and other commodities had been brought from the dominions of the crown of Portugal in vessels not owned and navigated according to law, all such importations, &c. are declared lawful, and the persons concerned are indemnified; and his Majesty, &c. was empowered, by order in council, during hostilities, to permit goods to be imported in any vessels from any ports from which the British flag is excluded. The 48 Geo. 3. c. 126. authorized goods secured in warehouses in the port of London to be removed under order in council to any other port in Great Britain for exportation in Europe. The second section enacts, that it shall be lawful for his Majesty, by order in council, or by his royal proclamation, to direct that all or any such licences as, by virtue of any act of parliament his majesty may lawfully grant under his sign manual, shall and may be granted by one of his Majesty's principal secretaries of state, in pursuance of an order of council specially authorizing the grant of such licence; a duplicate of which order shall, in all cases, be annexed to such licence. (1) The third section authorized the exportation of goods, by order in council, in smaller ships than were otherwise allowed by law. The 49 Geo. 3. c. 25. permitted unmanufactured East Indian or South American tobacco to be imported by order in council. The 49 Geo. 3. c. 60. enacted, that, by order in council, during hostilities, goods, the produce of any country, may be imported into the United Kingdom from any port of Europe or Africa, in British or friendly ships, however navigated. When orders in council are made in pursuance of these acts, the derivation of the power from the acts is frequently acknowledged in the recital at the beginning of the order, as in that of the 21st December 1808. "At the Court at the Queen's Palace, the 21st December 1808, present the King's most Excellent Majesty in Council: His Majesty, by virtue of the powers reserved to him by two certain acts passed in the 48th year of his reign, intituled, &c. is pleased to order, by and with the ad (1) See the form of such Order limore on Licence Trade, Appen vice of his Privy Council, and it is hereby ordered, that until further order be made therein, the operation of the aforesaid acts be suspended, &c." The power to make these orders of council, and to grant licences in pursuance of them, being derived from these acts of parliament, is of a limited nature, and cannot be extended further than the acts themselves permit. The construction of licences granted by virtue of the King's prerogative, already considered, will in general be applicable to licences founded on these statutes. (1) (1) Per Ld. Ellenborough in Mennett v. Bonham, 15 East, 493. CHAP. XI. Of the Commercial Law of the United Kingdom in particular.-How publicly affected by Legislative Enactments. -The Restraints and Encouragements of Importations and Exportations, and of Bounties, Drawbacks, Bonding and Warehousing System, Docks, and Commercial Treaties. HAVING in the preceding chapters examined the modes by which the commerce of a country may be affected by the acts of foreign states, whether in time of peace or war, we are now to enquire into the modes by which the commerce of the United Kingdom in particular is publicly affected by her own political regulations (1). This enquiry branches into two parts, respecting, first, the general and permanent system of commercial policy which Great Britain has been in the habit of pursuing, and secondly, those peculiar regulations which the king, by his prerogative, has the right of enforcing in commercial affairs. Great Britain in particular : The advancement of commerce appears to have been a favorite I. Commerce of object of British legislators in very early periods of our history; even in the time of king Athelstan we find a very remarkable How affected law, enacting that any merchant who has made three voyages Enactments. by Legislative upon his own account, beyond the British channel or narrow scas, shall be entitled to the privileges of a thane (2). But the zeal of those inexperienced legislators appears to have often exceeded their discretion; and even in times comparatively modern, the true interests of trade have been as much misconceived as in the turbulent reigns of John and Edward the Second. It was very long before the simple truth was comprehended, that the interests of trade do not usually require any legislative interference. They could not understand that statesmen in general best consult the interest of the merchant when they do not interfere, and when they leave him to act for himself (3). In the infancy of trade was invented, and reduced into practice, the theory of the commercial system, (1) See division of the subject, ante 25. (2) 11 Co. 87. Com. Dig. Trade, A 1. Bac. Ab. Merchant, |