the continent, should find an asylum in Great Britain, and be here cherished and supported; thus rendering our conduct, as stated from the throne in 1794, a contrast to that of the enemy, ultimately maintaining and exalting our chaSracter, and contributing to our real security. His lordship concluded, by moving the following resolutions :

"That it appears to this house," that ships and other property to a large number and amount, belong ing to subjects of his Danish majesty, have been seized and detained under orders and instructions, is sted before information was received by the British government of the commencement of hostilities with Denmark; and at a time when there was no alledged or supposed cause of war or reprizals, and when in pursuit of a peaceable and lawfal commerce, there was an unusual accumulation of Danish ships and cargoes in our ports, under the most perfect confidence of security; and that the said ships and other property have been since condemned as prize to the crown.

"That in consideration of the extraordinary circumstances under which the said orders and instructions were issued, it is highly expedient, that except for the purpose of indemnifying such, British subjects as may have suffered from the sequestration of their property in Denmark, the appropriation of the proceeds of the said ships and other effects should be suspended, so that no obstacle may be occasioned thereby to such eventual compensation to the original owners as circumstances may appear to admit of, and as his majesty in his

justice and liberality may be please to direct,

"That it would be highly honourable to the character of this country, that considering the peeuliar circumstances of the present case, all mariners and others detained and taken in consequence of the orders aud instructions aforesaid, should be released upon such terms and conditions as his majesty may think fit to require.

"That at the time of issuing the orders and instructions aforesaid, there were also in the ports of this kingdom many ships and cargoes belonging to subjects of his Danish majesty, which having been unjustly and wrongfully brought into the said ports, had been des creed to be restored to the owners; and that many more then under adjudication must, as it appears, have been in like manner decreed fo be restored: that freight-money, to a large amount, Irad been, and other sums of the like nature must have been, pronounced to be due; all which ships, cargoes, and freightmoney have, in consequence of the supervening hostilities, been condemned as prize to the crown.

"That it is essential to justice and to the honour of the British name, as well as conformable to the ancient practice of our courts, and to the established principles of the law of nations, that effectual means be adopted for giving to the owners of the said ships, and other property, the full benefit of the decrees pronounced in their favour by the high court of admiralty, or by his majesty's high court of appeal for prizes; and the adoption of such means is rendered the more obligatory on the faith of this na

tion, inasmuch as the positive stipulation of a treaty then subsisting between this country and Denmark, was intended to provide against a delay, which, however unavoidable in the present instance, has proved so injurious to the interests of the subjects of Denmark.

That it is equally essential to justice and to the honour of the British name, that the crews, or such part of them as had remained in this kingdom, for the better custody and protection of the ships and cargoes so as aforesaid ordered to be restored, should no longer be considered as prisoners of war.

"That the principles of the foregoing resolutions be considered as extending to the proceedings of all his majesty's courts of prize, wherever the facts of the case, which at present are not before this house, shall warrant their application."

Lord Sidmouth's motion was supported by lord Erskine, lord Ellenborough, earl Stanhope, and the earl of Lauderdale.

Lord Erskine maintained, that those who combated the present proposition must shew that there was an actual necessity for detain ing and keeping these trading vessels; otherwise the owners were entitled, in justice, to a compensation.

Lord Lauderdale maintained, that there was never any thing in the

history of our wars, that bore the smallest resemblance to the present transaction.

The motion was opposed by the lord chancellor Eldon, and lord Hawkesbury.

Lord Eldon maintained, that as the law stood, a vessel detained, although there might be no reason for the detention at the time, becanie forfeited to the crown. This might operate as a hard case in many instances on individuals: but he had great doubts, whether there could be any thing like a commercial peace, and a political war at the same time. Such a system, and the idea of compensation for losses, would only lead towards speculations on the part of individuals.

Lord Hawkesbury went over the same ground, contended that the war on the part of Denmark was entirely optional, and in fact courted by that country, and also, that the seizing of the Danish ships was not without precedent.

Lord Sidmouth's first resolution being moved, the house divided.Contents 16-Against it 36.

And on the fourth resolution, which related to the ships that had been previously ordered by the ad-. miralty courts to be restored, another division took place. Contents 16-Non-contents 37.

CHAP.