History of merchant shipping and ancient commerce, Volume 2 (of 4)Lindsay, W. S. (William Schaw)
History
History of merchant shipping and ancient commerce, Volume 2 (of 4)
Lindsay, W. S. (William Schaw)
Commerce -- History; Shipping -- History; Steam navigation -- History
“It is now distinctly understood,” said his Majesty’s Advocate-General,
in a report officially communicated by Lord Hawkesbury to the
American government, and transmitted to all the Vice-Admiralty Courts
aboard,[322] “and so decided by our highest tribunals, that the produce
of the colonies of the enemy may be imported by a neutral into his own
country, and may be re-exported from thence, even to the mother-country
of such colony; and in like manner the produce and manufactures of the
mother-country may, in this circuitous mode, legally find their way to
the colonies. The _direct_ trades, however, between the mother-country
and its colonies have not, I apprehend, been recognised as legal,
either by his Majesty’s government, or by his tribunals. What is a
_direct_ trade, or what amounts to an intermediate importation into
a neutral country, may sometimes be a question of some difficulty: a
general definition of either, applicable to all cases, cannot well be
laid down. The question must depend upon the particular circumstances
of each case. Perhaps the mere touching at a neutral country to
take fresh clearances may properly be considered as a fraudulent
evasion, and as, in effect, the _direct_ trade; but the High Court of
Admiralty[323] has expressly decided that landing the goods and paying
the duties in the neutral country breaks the continuity of the voyage,
and is such an importation as legalises the trade, although the goods
be re-shipped in the same vessel, and on account of the same neutral
proprietor, and be forwarded for sale to the mother-country or the
colony.”
Public-domain text, read in full here on John Shaqi.
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