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 the outt.,,rotti die,jeio:a am watery a blockade, that is net supported by an external
aml!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 moo a itToog hail on moo. French, 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 the
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 brovitht up • Bill fur Repast-
s uhf id Exchequer Bills, which was ease a could not, therefore, well be said to be the result
Ist:ha llaaaoesievegg* 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 11.4 64.1 Pertinshmil that dated the 3d of Sep- oar power to destroy. it was indeed an Order, which,
—, !sue. haw l'itr., Goebel % and also the curl eta 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 ?
jk. wituj with,' to kw,. whether lb. svostotogge 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..._,_,4lled tilt
_met- ther we should be led to carry so far into execue
17.7wafik" I. elms Seem' 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.
finday. 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 acquiescence. 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 assumedthe 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 been repealed ?—No ; but the Orders
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.