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
But his Lordship admitted that the decision of Sir William Scott by
no means went so far; that distinguished judge remarking in the most
guarded manner that it was not his business to determine “what was a
_bonâ fide_ importation.” However, from Lord Hawkesbury’s commentary
upon the judgment, presuming that he indorsed the Judge-Advocate’s
opinion, by sending it to America as an extract, it came to be
universally understood in the United States that the mere landing
of the goods, and paying the duties in the neutral country, were
sufficient to break the continuity of the voyage and to legalise
the trade; whereas the landing and the payment of the duties were
only deemed the best criteria or the best evidence obtainable of a
_bonâ fide_ importation. This distinction became afterwards of great
importance, although the peace of Amiens put an end for a time to all
controversies on the subject. But when hostilities recommenced between
France and England, the American merchants, recollecting the footing
on which the trade had been placed at the conclusion of the previous
war, embarked in it without apprehension, as a commerce perfectly
lawful. An immense amount of tonnage was employed in this trade, which
was carried on without interruption till the summer of 1805, when a
decision on new grounds was adopted by the English Admiralty Courts,
which suddenly, and without the smallest warning, exposed the whole of
the American merchant vessels to seizure and condemnation.
[Sidenote: Reversal of the law in England.]
Public-domain text, read in full here on John Shaqi.
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