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Foreign News January 30, 1808

The Enquirer

Richmond, Henrico County, Virginia

What is this article about?

British Orders in Council from November 11, 1807, allow imports from enemy countries in allied ships and declare enemy ship sales to neutrals invalid. A November 23 report clarifies impacts on American trade, restricting direct voyages to enemy ports.

Merged-components note: British Orders in Council on trade and enemy ports continue across components; merging sequential reading orders 32 and 33 based on topic continuity.

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OCR Quality

95% Excellent

Full Text

EUROPE.

DECREE No. II.

At the Court at Queen's Palace, 11th November, 1807.

PRESENT.

The King's Most Excellent Majesty in Council.

Whereas, articles of the growth and manufacture of foreign countries cannot, by law, be imported into this country, except in British ships, or in ships belonging to the countries of which such articles are the growth and manufacture, without an order in Council, specially authorising the same.

His Majesty, taking into consideration the order of this day's date, respecting the trade to be carried on to and from the enemy, and deeming it expedient that any vessel belonging to any country in alliance, or at amity with his majesty, may be permitted to import into this country articles of the produce or manufacture of countries at war with his majesty.

His Majesty, by and with the advice of his privy Council, is hereby pleased to order, and it is hereby ordered, That all goods, wares and merchandise, specified and included in the schedule of an act, passed in the 43d year of his present Majesty's reign, entitled an Act to repeal the duties of customs, payable in Great Britain and to grant other duties in lieu thereof, may be imported from any port or place, belonging to any state not at amity with his Majesty, in ships belonging to any state at amity with his Majesty, subject to the payment of such duties, and liable to such drawbacks as are now established by law upon the importation of the said goods, wares or merchandise, in ships navigated according to law, and with respect to such of the said goods as are authorised to be ware-housed under the provisions of an act, passed in the 43d year of his present Majesty's reign, entitled, an act for permitting certain goods imported into Great Britain, to be secured in warehouses without payment of duty, subject to all the regulations of the said last mentioned act, and with respect to all articles which are prohibited by law from being imported into this country, it is ordered, that the same shall be reported for exportation to any country in amity or alliance with his majesty.

And his majesty is further pleased by, and with the advice of his privy council, to order, and it is hereby ordered, that all vessels which shall arrive at any port of the United Kingdom, or at the port of Gibraltar or Malta, in consequence of having been warned pursuant to the aforesaid order, or in consequence of receiving information in any other manner, of the said order, subsequent to their having taken on board any part of their cargoes, whether previous or subsequent to their sailing, shall be permitted to report their cargoes for exportation, and shall be allowed to proceed upon their voyage, to their original ports of destination (if not apprised before the issuing of the said order) or to any port at amity with his majesty, upon receiving a certificate from the collector or comptroller of the customs at the port at which they shall so enter, which certificate the said collectors and comptrollers are hereby authorised and required to give; setting forth that such vessels came into such port in consequence of being so warned or of receiving such information as aforesaid, and that they were permitted to sail from such port under the regulations which his majesty has been pleased to establish in respect to such vessels; but, in case any vessel so arriving shall prefer to import her cargo, then such vessel shall be allowed to enter and report the same upon such terms and conditions as the said cargo might have been imported upon according to law, in case the said vessel had sailed after having received notice of the said order, and in conformity thereto.

And it is further ordered, that all vessels which shall arrive at any port of the United Kingdom at Gibraltar or Malta, in conformity or obedience to the said order, shall be allowed in respect to all which may be on board, sugar, coffee, wine, clear out to any port whatever, to be specified in such clearance, and with respect to the last mentioned articles to export the same to such ports, and under such conditions and regulations only, as his majesty, by any licence to be granted for that purpose may direct.

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 the Courts of Vice Admiralty, are to take the necessary measures herein, as to them shall respectively appertain.

W. FAWKENER.

DECREE. NO. III

At the Court at the Queen's Palace, the 11th November, 1807.

PRESENT,

The King's Most Excellent Majesty in Council.

Whereas, the sale of ships by a belligerent to a neutral, is considered by France to be illegal; and

Whereas, a great part of the shipping of France and her allies, has been protected from capture during the present hostilities, by transfers or pretended transfers, by neutrals; and

Whereas, it is fully justifiable to adopt the same rule in this respect towards the enemy, which is applied by the enemy to this country.

His Majesty is pleased by and with the advice of his Privy Council, to order, that in future, the sale to a neutral of any vessel, belonging to his Majesty's enemies, shall not be deemed to be legal, nor in any manner to transfer the property, nor to alter the character of such vessel: and all vessels now belonging, or which shall hereafter belong to any enemy of his Majesty, notwithstanding any sale or pretended sale to a neutral, after a reasonable time shall have elapsed, or receiving information of this, his Majesty's Order, at the place where such sale or pretended sale was effected, shall be captured and brought in, and shall be adjudged as lawful prize to the captors.

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.

W. FAWKENER
LONDON, November 23.

ORDERS OF COUNCIL.

The committee of merchants trading to America met on Saturday last, to receive the Report of the special committee, appointed to confer with the board of trade on the subject of the late orders of Council.—The following is the report received on that occasion, which was ordered to be published, for the information of American traders in general.

"That American vessels cannot sail in any instance direct from the ports of the United States to any port of the enemy in Europe. American vessels may proceed from the ports of the United States to the ports of the colonies belonging to the enemy, and direct back to the ports of the United States. The order does not prohibit them from going direct from the ports of this kingdom to the colonial ports in the West-India islands belonging to the enemy; and it is not intended to prevent them from proceeding from this kingdom with colonial produce to the enemy's ports, whenever Parliament shall have decided on the duties to be imposed on such exportation.—American vessels may continue to trade from the ports of this kingdom to the ports of the enemy, and from the ports of the enemy to this kingdom, and from the ports of his majesty's allies to the enemy's ports, but not from the enemy's ports to the ports of his majesty's allies direct, nor from America to the ports of his majesty's allies with colonial produce.

There is reason to believe that an order of council will issue, regulating the periods at which notice shall be considered to have been received of the order in council of the 11th inst. in the United States of America; by which regulation, vessels that shall have cleared or shall clear out from any port in America, before the 20th of January next, shall be considered to have cleared out before notice of the order; and vessels which shall clear out between the 20th of January and the 1st of February, will be liable to be detained, subject to the question, whether they had began to be laden before notice had arrived at the port from whence they sailed. From the 1st of February, all American vessels will be considered as having began to lade after notice, and will thereby be subject to the provisions of the aforesaid orders.

"Certificates of origin will not be required to be delivered up which may be on board vessels which shall have sailed previous to the notice of this order, at the port from whence they sailed.

"There is also reason to believe that no duty is intended to be laid on the re-exportation of any articles which are the produce of the soil of neutral nations, with the exception of cotton; and that the trade between this country and the ports of the enemy's colonies by neutrals, will be regulated by licence, and confined to the export of British manufactures, until the meeting of Parliament: and that the trade between this country by neutrals, with the colonies of the enemy in the West-Indies and South America, will be placed on the same footing.

JOHN GRAY, Sec."

What sub-type of article is it?

Trade Or Commerce Economic Diplomatic

What keywords are associated?

Orders In Council Trade Regulations Neutral Shipping American Trade Enemy Vessels Colonial Produce

What entities or persons were involved?

The King's Most Excellent Majesty W. Fawkener John Gray

Where did it happen?

London

Foreign News Details

Primary Location

London

Event Date

11th November, 1807

Key Persons

The King's Most Excellent Majesty W. Fawkener John Gray

Outcome

orders permit imports from enemy states in allied ships, invalidate enemy ship sales to neutrals as lawful prize; clarifies american trade restrictions, with grace periods until february 1808 and licensing for neutral trade to enemy colonies.

Event Details

British Orders in Council: Decree II authorizes importation of enemy goods in ships of allied states, with provisions for warned vessels and specific commodities like sugar, coffee, wine. Decree III deems sales of enemy vessels to neutrals illegal, allowing capture as prize. London report details impacts on American vessels, prohibiting direct trade to enemy European ports and regulating colonial trade.

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