The British Press; or, Morning Literary Advertiser. — London, England, 1808-02-06 00:00:00

emit that power in His Majeety'e Ptivy ronntil, which.PlKheaneut alone his* tight to poseesas No MISS Maid ar that it was just or reasonable t 6 seise ships belosiging to soy Neutral. Power, for the purpose of retaliaiion upon an enemy. Why were the rights and interests utneutrals to he thus sacrificed ? it was said that these Orders of Council, and particularly that of the 7th tit* Janu ary, led year, were in consequence of the Orders of the French pererament. Now it was important to consider what was the nature ofthat French Order It was fresh in the recollection of the House, that it consisted of two parts, Ist, That it was the de termination of Franca to place England, and the ports of England, iu% general state of blockade ; and that all English goods were to to he confis cated, wherever found ; a very vain and empty beast, but such as very much resembled all that proceeded from that quarter. When, however, we are considering the nature of an Act, which is to be justified by such a Decree, we are to con sider, whether or not , in point of fact, there was actually a possibility existing of that Decree being enforcer!: In adopting this as an opinion, he found HOUSE OF COMMONS. it sanctioned by the highest authority, the person • now presiding in the High Court of Admiralty. Ms Ma.-quitt of Leltield presented a Report from the ud tie was enabled to quote his words, from the Rate veal's* Committee, statiog, that they had D. ' ports of Mr. Robinson, of the proceedings of that '..ism r...ack wcs mt duly elicted, hot that Wi own *- a was duly Massed, and that the double cetera was not Court, which were remarkable for their accuracy, robes tear emrept. and valaul-le, as well to the legal, as tbe.classical MI6 Ham premessd certain scroonts from dm Bank of reader. lle there found it laid down, by Sir Wil gland, which were ofd, red to lie upon the table. _ f rum Scott, that no blockade is le be considered as .qg Sawn roweled the at-emote that were called or 41. ay &Mara to t h e out t.,,ro tt i di e ,j e i o :a a m wa ter y a blockade, that is net supported by an external am l !eithe Does prior to the tit bfJon. ti.. .8. soda on rover, able to give it select. If, by simply asking p tahis. the questionav nether any case cohld be produced up Whose bremetit up Achill for Abiebillett the Act for Re* to Nov. 11, as to the constraint imposed by the Wine the ()thee of tine Treasurer of ili, Milkey'll Navy. al s a Jest, am nt and ordered d to be printed. to be mo o a i tToo g hail on m oo . Fr enc h , Deeree upon Neutral Powers, he believed it would be found that scarcely any could be pro ei %the motion 'e Mr. ROSO, the third *Wailing of the deiced. On the contrary, it would appear that limktian Treaty Bill was postponed tilt Monday there was a direct disavowal of those Orders by Da the %totem of Mr. SWAN, the ureter for tak - ng into ~,,d Gen. Armstrong, statinthat it was not the inten 1141"thp.hoodsru ,hjiePien3drilininar„-tug.r...._.........mic-,7°,1,e/tple"---.4 ships Government at sea, nor to infringe in any manner on t he its. iews brought ap the Annual Malt Duty end rights of Neutrals, Such then had been the re )MN, whichwas read a drat, and cedered to be reads suit of that very Decree, upon which the Order of mottlitoe se Monday. the 7th of January was founded. That Order rtie mete Gentleman sho brovi t ht up • Bill fur Repast s uhf id Exchequer Bills, which was ease a could not, therefore, well be said to be the result I s t: ha ll aa a oe sieve gg* oto he read a second time on Monday meet, of the French Decree, for it was a direst attack ill to he primed- upon neutrals as well as upon our enemy, by being COPENHAGEN- an interruption to the trade of neutral vessels, un ser. WHITBREAD. naked, if the Right ilea. Secretary less sailing from port to port, thereby giving an email , had say objection to lay before the House Extracts 43111 Letters he CMs. Causing) had allutlf..l to is the debate accommodation to the enemy, which it was not in Weileaunifte 1 1.4 6 4 . 1 Pertinshmil that dated t h e 3d of Sep- oar power to destroy. it was indeed an Order, which, —, !sue. haw l'itr. , Goebel % and also the curl et a as itafiected neutrals, it ill became this country to ate, dried the 7th Cl usury , 1507, "" " •""` "` adopt. At ell events, it was rarely time enough we ilserieit ? j k. wituj w i th ,' to kw ,. w h et h er l b. s vo s toto gg e to earry any such measure into execution, alter we mommo am making pia motion now, ve testy mei* had seen France competent to put her threats into eke settee ? practice. Eveu then, it might be questioned, wile. Me. WRITIIRILAD replied, that beeitee .. ._,_, 4ll ed tilt _met- ther we should be led to carry so far into execue 17.7wafik" I. el ms S eem ' he °leek * leeeewe S. ''''' s Ana the principle of retaliation. That, however, roved few them damitnists this day, hat as it was, he ear- , might be a future question ; but it was enough for dolt had wo desire to precipitate thermostat. He wooed gth, ear naves, Mat ha sitosid asks sod s 'NOM lIS him at prevent to state, that in consequence of Gen. fi n day. Decree declaration to Gen. Armstrong, at Paris, PORTI7GAL. the fact wars, that none of the French Orders had been Mr. ABLIIr ROSiltY gave 'wheel., that a Titursilaysixt exeelted, except in regard to the confiscation of • stoned move far the production of • copy of the insanw mos trots Lord St. Vincent, relative to the espedities t• English goods, a thing of which neutrals had no ?Mensal. right to complain. It could not be contended en WAYS AND ;does! the other side of the House, that what wee eon- Tee CHLANCEULOR of the EheNEGVER postponed tanned in Bonatte , 3 pe answertothe . ch . lif Judge, be refetesoe 'rime Cirri went esteem Goverument and the „, •".. ant et Es teed from Monday to Wednesday, span the negmer, was an acqui e scence . in the MOM lea WM resume or 161. t iciney. sures ef resistance, a being, merely that of SUPPLY. retaliation. It was impossible, believer, to The House went into a Committee of Supply, when se- say, that any • disposition to retaliation orellesisoatt nos relative to Es.cheyier Bills, ootstanding and evinced by France would have justified this coon mammas-a fur, were iu. , initted ont agreed tie, and the Re- try in visiting upon neutrals the consequences al pert ordered to be rzces.ic.i on Monday aixt. leged to result fown a Decree of our enemy, which DANISH STORES. Decree hail not been carried into execution. The 7Tr. TIERNEY word, . 7h at Ultra ha laid before the imam an account of the usval stores taken at Ciipeolcagen Privy Commit hare thus assumed the power of ?istiesuishale the iptiuditj of etch description ;as also the prohibiting certain commodities from being lushly, cuochtion, and ireumated rates aiereot."—Orderea • brought into English ports, which, by the laws of ORDERS OF COUNCIL. the country, were allowed ; or they were granting On the motion of doe CHANCELLOR of the licenses to permit that to hr done which was EXCIIRQU Bit, that the House do go into a already legal. He did not know upon what prin- Llmmuittee of Ways and Memo, and that the late ciples we could refuse to the vessels of neutral Jrciere of Council, relative to the trade of Neutrals, countries, to carry their own cargoes, upon their hould be IMd befnm- said Committee— showing a certificate of their destination. Our do- Loot HENRY PETTY rose, and expressed ing so destroyed the only means of introducing our tisuself as having certainly entertained hopes, that manufactures upon the Continent. It was acting .he Becht Hon. Gentleman would have favoured contrary to the oldest principles in the constitution the House with same &nervations as to the legs- of our country, because, in looking back to it; we City of those Orders, before proposing to submit end that the safety and liberty of the foreign ince tlesn to a Coininittee. If there wen- any doubt in chant, trading in this country', has ever been an ob re gent to their legality, it ought to be removed ; ject of peculiar care. The liberty of Englishmen be till that had been done the House could not is, that they shall have free access to strangers, and give its mmetina to the measures which had been that stringers shall have free access to them. This taken. He, with a great majority of the House, law could he traced to an early period of our his was convinced of the illegality of those Orders, tory. It was stated in Magna Cdorta, that no sued the House ought certainly to be made ac- goods should be prohibited but by the consent of quainted with the law of the subject, before they Parliament. The Statutes of the 14th and leth of could give their consent to whet was about to be Edward the Third made provisions upon this proposed to this Committee. Notwithetandints the subject, the last of which ordained, that the mat authorities by whom these Orders were framed, sea should be open to all foreign merchants. Had he could not , help thinking, that he would be that statute b een re p ea l e d ?—N o ; but the O r de rs 1 ustified iii w.Elho.e.;4lg his consent from them, of Council materially interfered with it. The cir ts•Jhe tioaocieel them to be contrary to the Law curastances under which we stool ,with America of nations and the UM of this Land. Me was ought to have made Ministers pause in adopting retitled to assume, that as these Orders emanated such meastues. The of 'ref the Clissapeak ought from the Camelia of Ills Majesty, they were to to have prevented us from doing that which was lie looked ups* acs o:iginatiog fro :n an exercise not only against the Law of Nations, but in vio- Heise Kings ve, which prerogative was lation of the Treaty then existing between this sertaiuly lieblo to tl e limitation icrinieed up** it comary sad America. This had been one reason hi the Law of Nations. In the Duke of New- why &neither Treaty had been delayed to be rati castle'', letbsre in tioiaion was stated; as to Prus- fled ; he meant the Treaty entered into* between elan ships, ei3t*d by the most eminent civilians of Lord Grenville and Mr. Jay. Under these Orders that blue, Sir Dudley Rider and Mr. Merry, of Council, Amerieass ships were liable to be de that the members of the Privy Council were tained upon the high seas, anti carried into British ea be looked upon as Judges governed by the ports, in direct coutrapliction to the positive agree vane rules that e;nett'n the Court of .41:ni- merit in that Treat;. In addition to the autho- Atte—nernely, the Rule of the lAn of Nations. titles which he lind stated, he might refer the pal that the Crown never interferes with Courts of House to that of Lord Chief Justice Hale, who )ititiee. It is also therein stated, that the Crown says—e that no power in this country, except an sever interfere* with Courts of Justice, and that no Act of Pa:liament, can exclude neutrals from en* Judge ever interfered' with the functions of our ports." Why should the Privy Council have another. He also }hand an opinion upon this sub- thus the power of dispeesing with the authority of jest, ta. which he -.VAS sin'? the Right llonotimlile Parliament ? Lord Hale says, that that could only Lientlernan oiiiicitte would not object ; he meant be done in . cases of the most urgent necessity.— hat of the Loral Chancellor Eldon, given upon or-. Neither was it allowable for them to take money ?aims of the lair war, that no Order of Council for granting licenses. How then could the House !mild be inasidered aa of any authority or cousis- adopt these Orders. and give them their sanction by roc;, unless in exact conformity wit's the Law of rererring them io is Committee of Ways and 4atioos. Then the eittesten, as to the !legality or Means, while thee actually infringed upon the Bogota vof those Orders, resolved itself into this, Constitution. No Court of Admiralty ever could tow far the principle, oe them were consistent with comply with those Orders of Council, until a he Law of Nations and the Law of the Lend?— Bill of Indetnnity woe granted. so as to tender Afisatever might be the nrgeat necessities or dots them legal, by the aid of Parliament. The late aims that may be said be arise out of the time", Sir James Marryatt, in his publication with regard ,ad Issweser oetraorditiaty the other aces of Go- to the nature and jurisclictiose of the Court of eminent of this country might.be, nothing ovoid Admiralty, said, that the dubious of the English IMPERIAL PARLIAMENT. ROUSE OF I.ORDS, Pits. s. °tinsel was beard in the Appeal Canoe, Good oweas , dey. Nu Emmet appearing can the part of the Itessimid; the Decree 1•33 confirmed, and costs, amount* to adjudiged. 4;rds Hotebineme and Gluttraboxy, end the Archbishop fort, were introdcced !the latter by the Bishops of Mei sad - Bangor), sod took the weal oaths and their ts. and AUCKLAND moved. " That the oentideration of Oaths of &Modes Ket; req. to the Ithaliargts Estates, refevrcd to a Committee of Privileges on Monday nut, ris be should have the honour to suggest a few armemests, iheLetaise preferred, to their Lordships."--Ordered. tante motion of the Bieber of BANGOR, the Halle it ism m Collimate on the Curates` Suspension Bill. several abuses were read and arced to; the report tight up, aid the Bill ordered to be engrossed previous Is being read a third tire. fr. Holmes, of the Bank of England, appeared at the -of the House, nod presented to their Lordship; an drat es the appropriation of nine millions sterling, to pungent of the Rational Debt in the last year, which ordered to lie us the Talle.—Actjourned. Courts of Admiralty are entirely dependent she dinxtionii recessed *mu the Acts of Psilie went; which shows; that the Courts of Admiralty are not bouud M recognise any Order of Council, without a Parliamentary sanction. On these .roands he must object to referring these Orders of Council to the Committee, until the Right Ho nourable Gentleman had procured a Rill of-Indem nity from Parliament. "fhe CHANCELLOR of the EXCHEQUER observed, that the Noble Lord's argument !night perhaps have some foundation in a time of Peace ; but in the time of War there was an absolute ne cessity for vigorous measures, and he might be as well justified in objecting to a bill of indemnity, as he was now in objecting to the proposed refer ence. The measure now complained of, he con tended, was entirely grounded upon the proceed ings of the enemy, and was even au inadequate measure of retaliation. It would not surely have been prudent in this country to have waited to see in what manner France was about to carry her De cree into execution. It was a Decree founded upon a false charge against this country. The French had not only invaded neutral ships, but invaded neu tral territory, wherever they could find English goods. Bonaparte's conduct towards Hamburgh was fresh in the recollection of every one, where he ordered all persons to be militarily punished, who concealed British commodities. To destiny the commerce of England was therefore Bonaparte's only object. The Right Hon. Gentleman then read that part of Mons. Dccres note which had been ensmeonsly, he conceived, represented by some, as a renunciation of the terms of the French Decree. That Note contained this remarkable passage--" It is my opinion, notwithstanding the publication of the Decree almeementioned, that it in no wise alters the convention hitherto existing between America and France." But it was tery remarkable the Minister of Marine should so cau tiously express himself on this occasion, and con fine his communications on this head to his private opinion, when the question had excited such se rious interest in America. and when the injury was us less thWn a direct breach of the Law of Natious. Could say such commueleatiou be considered satisfactory, or would the Em peror of the French consider himself bound by any tie of honour or consistency, to act in con, fortuity to the private opinion of this Minister of Ma rine ? But the Ministerdid not even attempt to pro milie America any such observance of the conven tion ; nay, in another part, to obtain satisfac tory information of the effect this decree might have on the American trade, he advises them to repair to the Minister for External Relations. Hence he contended we had the justest reason to consider the Freuch Decree literally enforced, and hence also the justest right to retaliate to the very letter of their vengeance. In fact, there could be no doubt in such a case of the imperious call of this country on its Ministers, to suppress all trade to France for a short period of time, in order to chistise the presumption of the enemy, and let her feel, that in attempting to injure our trade ' bar own malevolence hail reverted on her e self, and totally cut off all her foreign transmarine resonrcei and supplies. This was the policy the state of this Inaritune nation demanded; mid had the Ministry of the country adopted any other, they would justly incur the displeasure of the na tion, which was tom %airily and unjustly endea voured to be excited against them. Those dissa tisfied with their conduct were of four different classes. The enemy ; the late Ministers, enemies of the present; the country, as represented iu this House ; and the neutral. nations. Of the good opinion of the first, he expressed himself and his col leagues divested of all anxiety. To those of the a, he would remonstrate on the principle of the expe diency of the measure,, as well as time inconsistency of their attacking a principle which they themselves, when in power, and even he (the Chancellor admit Exchequer), when in opposition, had admitted to be fair, and founded upon just principles of policy, in the rigorous blockade it was found expedient to establish on all the ports from the Elbe to the her-. hour of Brest, by the Noble Lord and his friends,' then in power. They had admitted the principle, and exemplified the practice. To the House col lectively he could severally urge the same airgu menus, though much more strongly applicable now than on the former occasion, which had induced them by their vote to sanction the proceedings of the late Ministry, in the Orders issued on the 7th of January, 1807, relative to the general blockade of most of the great ports of Nor thern Europe ; there was then no question on the principle whatever, the only one was on the length to- which it should be carried.— But could it now be a question how far we should proceed on it, when the enemy had endeavoured to outstrip all possibility of competition ? Certainly not. We must have bad the right to retort, as far as we had in the present instance, when we recol lected the iligreekisoani-dangsto to which. Soso. parte had exposed our trade, and the importation of our manufactures, prior to the publication of this • Decree, if even no such Decree had been formally promulgated by the French Government. He agreed with the Noble Lord that this proceeding on our part wise unusual, yet it should be remem bered, that uwesual and unforeseen circumstances had wads it absolutely necessary. But he con tended that it was by uo means founded on the Executive Act of 1756, as the Noble Lord had stated, as we had oaly hi the present instance re torted eielence to violence. But it was con tended by the country party, as they had deno minated themselves, that thus our retaliation had been our ruin, in totally excluding Our manufactures from the Continent. But it would have been weak in the Ministry of this country, when France had determined to prohibit the im portation of our manufactures into her dominions, not to have retaliated the injustice done te,, effectually, by prohibiting any importatioa whatever, by coy neutral nation. There was no doubt that the Orders had been highly prejudicial to neutrals ; this he would admit ; but the evil had been conseqneativl on the only means. of re dress in our power. This objection had also existed spinet the measure of blockade, which originated with the late Ministry, and had been remonstrated loudly against by Denmark ; yet, on that ones. B i q a, the Noble Lord and his friends collide° this House for its approbation, awl urged in justificativin the etpedieocy of the emainne , which this evil was merely I courrequence. He wi l e ceived, that to deprecate this intamie ites is trench on the prerogative of the Crowe. The me g power wheel lutd, on a former occasion, blockad e d the ports of the North of Europe, could, wit, equal justice, extend that blockade to Fiance e n d those Allies who were compelled, from their e a, servient state, to acquiesce an excluding all British imports. It had fallen to his lot to defend te e Noble Lord and his measures against himself, A, to the policy of the measure, in the prisent state of the investigation, he fouud it necessary to observe, that from the advantages winch bird been giveo t e . the trade of Neutrals, France Lad ne eivee able. dant supplies from every Neutral rate, which hae ultimately produced the utmost adrac.txy to de enemy's trade and reooerceo, whiie it ette e ee e e r . debarred England from the usual vete : o r her duce and manufacture., and thus aimed a eve blow at her existence. The laws of Nationr, it had been said, had been tre:ir led on by !lie th e e, of Council, but the Laws of Nations fhemeelve should not be observed to that comes', which 1:4,. profited by their violation. The Decree had be. said to be a dead letter. till we had given it etee; 'by our retaliation ; its provisions Ines toen evaded, it is true, by obtaining certificated of origin ; wheel had been obtained by forgery, peewee sod every species of fraud. That such had bes the disgraceful means by which this trade had been carried on, could be proved by indisput able evidence. He was sorry to have heard the use the, Noble Lord and others bad a. tempted to make of the petitions which had been presented to this House by the manufacturers is the different parts of the kingdom. The manu facturers were not now complaining of the evils consequent upon the Orders of Council, but of those resulting from the measures entered into by the French Government, previous either to our Decree or that of Bonaparte. If it were true that we must now resort to the rest of the world for the disposal of our merchandize, it was alto as true, we had monopolised the whole world for the consumption of our own produce, and had cer tainly prohibited France, Germany, and all the other appendages of that portentously accumulating empire, from carrying on, in any shape whatever, the least possible commercial in tetcoutie. The Right Honourable the Chancellor of the Exchequer concluded with these most remarkable wards : " I an anxious, extremely aneious, to quiet the apprehensious of those who conceive these Orders of Council will be productive of war with America. I trate they will not—l am convinced they will not. Fire, from the conviction this country mutt ever eok:- tain, that the loss Amezioewould sustain, the pe ril* and calamities of war in which she might lie plunged, would be as severely felt by us as by he-. Her sufferings are ours—.her prosperity assist also be ours. Nei am I less convinced of the reasonableness of my expectations, in reflecting ;ripen the prudence, the honour, the principle, which has, on various or carnotite, displayed itself in the atasesioeri female, They must see, also, with what tare and eantien we have uniformly conducted ourselves in every maritime regulation, with respect to America, and must be convinced, that the exceptions we have so repeat. edly made in her favour, have arisen from our firm and decided conviction, that our prosperity must be mutual. Let me, at the same trete, warn the Yoliie Lord, lest the violence and heat with which he h declaimed against our enirdnet towards America, should tend to arouse a feeling of resentment in that country, whose cause he has, this eveuirre, warmly affected to espouse, hut whose cause he must inevitably betray, should be suceeee in strengthening an opinion already unfortunately pre valent, that, in defence of her independence and national honour, she - should enter into hostile mta , SIMS against this country." ;;litiator LAWRENCE said, he conceived it extraordinary to propose the sending these Orders of Council to a Committee, previous ti) their discussion in this House, awl to the produc tion of the evidence on which they were issuete Me had read them with soma atteution, and talked them over with many persons, *bole he knew to be rely minverssat on this subjeet. He confessed, however, that they appeared to him, and those whose opinions he obtained upon theta, so unin telligible, so complicated. and so coatredictory, that they were at a loss to understand thetn. They, be thought, carried the stamp of illegality , • i the face of teem. They were, he contended. - traiy; to fbitater acid epitit of fflitgreettheeter ef . our liberty, Magog (Agree, which Provides se .ywely for our entereou:se with neutrals, and se incelcates the protection of foreign nice Ali* their trade with those countries. Tee Alight Hon. Gentleman had, in his Ills 'reedy misapplied the Act of the sad of Ills pre vent Majesty to thereseet case. That Act vetted discretionary power in His Ifsiesty's Privy Coun cil, to admit, en cases of absolute necemity, the importation of certain articles, in neutral bottoms. into this ermine,. The preeent Orders of Coute allied evidently outatepped the provision of this &et, and are mark (in the teeth of the Nnviga ':tion Laws of this country) to admit the importa tion of every article, without exception. He wen ;riot one of those who defended this or that /lame imistratiou, nor was he inclined to condemn v. me:i nure, because it came from a party with who-e sentiments he did not coincide. No, he viewed what came before bins with impartiality, and • the beet of his judgment; and looking at these O. eters of Council in this wnv. he could not help say ing, that he considered them Mee:tete. end inicoe stitntiorial. It was end by the Riget 11.,n. t ientl-- roan opposite him, that these were in. amerce of iete liation. He was entry to hear the Right Hon. Ger— and his colleagues pleading the acts of Bonaparte for the jnetifieatioa of these measures. If retie - parte was Troll; in his blockade.; &tree, whit it was eoutended wet frangb. with evil and itepse t n the commere?la ' his steps, nor lAch We ought not to Spirit, who seensei withlpeurlu e t .3 r in 111 Bonaparte, su h i. l c i: l enr e e. ti r ara to he adopted ; bul ion should he use of others were at no instance of *sit known in the 11f4t4 fore difficult to red fortuity with law. he could • not do d'Affaires had coin this country, that] to extend the bla trade between De the first alTearanc ev er, Amencs, ne rsquired, through of that Decree. jr.e .ch Minister, I not intended by th muds, merely fo we to extend to ti tim,s which the LI i nl oy. If the . lti a t the commumen Arm;trong and t have seeTr; that rant • the ennfise merely coming fn that it declared France; from Er should be cOnfisci wns not an inst forfeited (or tout from the issuing o rember, Isot not au adviicate I honorfr of the cc with prudent rice. It was, 11 prcrit one too, V upon the high si that America iv) ur t•: thiA way. Mini.iteria would Con • red, remiss America by the cultivate an am tween the two e House of Coast evidence they toward* Ameriei of their garble of letters, VIOUII try of•tli they so short-si the . eves of Eon lookid to for a that our condue unwise. If we the cause of V . and not, by fo Franc!. do* eves of 'Europe • The MAST even allowing by his Learne these Orders c such objections postponeme. Well footsie.% of time couki tiger Orders it sltioo, hut Rot His ',earned j Mioiste acto tine of a I lull efficacy o more li,cr the friends r mini.tra inspettip the MINIM lain Mat it wee, oft sr improper i t Ciowit ; a botany am . ribiiithed, night pot to I With such ri feel in.wprived adopted by tenet). He row anti. I.)rdar of II impolitic, are Why did he i• fare his high P the 7th of an reconsider, aspoa timsain subject to the too highly th to cmicsive Moira aqd op malloeuee Or lie was surpe to qieasures e obit+ *Maim impossible to The eatench States, war state of circa when one he towards the t the other bail the latter is the mere foam devise and es •f the efiem Order of 180 fore it was. II armee ori syw!em, *hi( awl woe nen Redid not or that rucworre merit at per it endll UAW PO/ ley upon they theme)