History of the United States of America, Volume 6 (of 9) : $b During the first administration of James MadisonAdams, Henry
History
History of the United States of America, Volume 6 (of 9) : $b During the first administration of James Madison
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
Again, five days afterward, Baring attacked Perceval by an embarrassing
motion on the subject of licenses. No such scandal as the license
system had been known in England since the monopolies of the Tudors and
Stuarts. Most of the trade between Great Britain and the Continent was
conducted by the Board of Trade on one side and Napoleon on the other,
under special licenses issued for the carriage of specified articles.
In 1807 the number of such licenses amounted to sixteen hundred; in
1810 they reached eighteen thousand. Owing to practical difficulties
and to Napoleon’s dislike, American vessels took few licenses. A
nondescript class of so-called neutrals under the flags of Pappenberg,
Kniphausen, and Varel, carrying double licenses and double sets of
papers, served as the agents for this curious commerce which reeked
with fraud and perjury. In the case of the “Æolus,” Aug. 8, 1810, the
Court said: “It is a matter perfectly notorious that we are carrying on
the trade of the whole world under simulated and disguised papers. The
commerce of the world unavoidably assumes a disguise; these disguises
we ourselves are under the necessity of employing, with simulation and
dissimulation.” Dr. Joseph Phillimore, perhaps the highest authority
on civil law in England, in two strong pamphlets[216] declared that
ancient rules and practices had been rendered obsolete, so that the
Admiralty Courts were no longer occupied with the law of nations, but
only with the interpretation of licenses; and while the property of
enemies was as invariably restored as formerly it had been condemned,
the condemnation of true neutral property had become as much a matter
of course as had been its restitution a few years before. No one, even
among the sternest supporters of the Orders in Council, ventured to
defend the licenses on any other ground than that of their necessity.
Baring’s motion called up Perceval again. “The only principle on
which Government acted,” said he,[217] “was to secure to the natives
of England that trade by means of licenses, the profits of which
without them would devolve to the hands of aliens.” This admission, or
avowal, seemed to yield the whole ground of complaint which America
had taken; neither Perceval nor Rose ventured to defend the licenses
as in themselves deserving support; they stood only by the system.
Their attitude led to another and more famous debate, which added an
interesting chapter to the history of England.
Public-domain text, read in full here on John Shaqi.
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