The Laws of War, Affecting Commerce and ShippingThomson, H. Byerley (Henry Byerley)
History
The Laws of War, Affecting Commerce and Shipping
Thomson, H. Byerley (Henry Byerley)
Maritime law; War (International law); War, Maritime (International law)
"It is not easy to convey to the mind of the mercantile
classes of the present generation, who have had no practical
experience of the state of war, the extent of the change
which is thus effected in their favour. The vigilance of our
cruisers and the acuteness of our lawyers were incessantly
employed in all former contests in tracking out the faintest
scent of enemy's property on board every vessel met on the
seas. The character of enemy's property was regarded as an
infection, and reprobated with all the terms originally
reserved for guilty practices. The mercantile ingenuity of
the country, pressed by the increased demand and exorbitant
prices of prohibited articles, was strained to evade by
every species of fraud these prohibitions, and a warfare was
carried on within our own courts of justice between the
pitiless exactions of the laws of war and the irresistible
impulse of the laws of trade. To allay, in some degree, the
inconveniences of this system, and to provide by legal means
some of those commodities which it was for the public
interest to purchase, the English and French Governments
were driven, even during the height of the Continental
System, to the granting of licences. But here again fresh
abuses of every kind arose. These licences were an
authorized mode of evading that very prohibition which the
belligerents conceived it to be for their interest to
maintain. They conferred a monopoly on the holder of the
licence, which enabled him to sell his cargo of French wines
or French silks at a prohibition price; and the law books of
the time are still full of the endless litigation and fraud
to which these practices gave rise.
"From all these evils we trust that the Order in Council of
the 15th April has permanently relieved us, and the change
it is calculated to bring about in the state of war is not
of inferior importance to that which marked the transition
from Protection to Free Trade in the state of peace. The
system of licences is at an end, for all the liberty of
trade with the enemy which it is in the power of the
Government to confer at all, is thus conferred at once, and
indiscriminately upon all; and, unless the Russian
Government find means to maintain a prohibitive system on
their frontiers, we hope that the supply of raw material
from that country will not be reduced to scarcity."
In addition, however, to this very lucid explanation, it may be added,
that it might become necessary to grant licences to trade directly
(with the consent of our allies) to the Russian ports.
That on the part of British vessels, the
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account