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Order of Council, at the Court at St.
Fames's the 12th of October, 1796,
prefent, the King's Moft Excellent
Majefty in Council.

WHEREAS his majefty has received, intelligence that fome fhips belonging to his majefty's fubjects have been, and are detained in the port of Genoa; his majefty, with the advice of his privy council, is thereupon pleafed to order, and it is hereby ordered, that no fhips or veffels belonging to any of his majefty's fubjects be permitted to enter or clear out for Genoa, or any port within the territory of the republic of Genoa, until further orders: and his majefty is further pleafed to order, that a general embargo, or ftop, be made of all Genoefe fhips or veffels whatfoever, now within, or which hereafter fhall come into any of the ports, harbours, or roads, within the kingdom of Great Britain, together with all perfons and effects on board the faid thips and veffels; but that the utmost care be taken for the prefervation of all and every part of the cargoes on board any of the faid fhips, fo that no damage or embezzlement whatever be fuflained.

And the right honourable the lords commiffioners of his majesty's treafury, the lords commiffioners of the admiralty, and the lord warden of the Cinque Ports, are to give the neceffary directions herein as to them may respectively appertain

(Signed) W. FAWKENER.

Orders of Council at the Court at St.
James's, the 9th November, 1795,
prefent the King's Moft Excellent
Majefty in Council.

WHEREAS his majefty has received information, that divers unjuft feizures have been made in the ports of Spain of the fhips and goods of his majesty's fubjects, and that acts of hoftility and unprovoked aggreffion have been committed by the fhips of his Catholic majefty, on fhips and veffels of his majefty and of his fubjects: his majefty, therefore, being determined to take fuch measures as are neceffary for vindicating the honour of the crown, and for procuring reparation and fatisfaction for his injured fubjects, is pleased, by and with the advice of his privy council, to order, and it is hereby ordered, that general reprifals be granted against the fhips, goods, and fubjects of the king of Spain, fo that as well as his majefty's fleets and fhips, as alfo all other fhips and veffels that fhall be commiffioned by letters of marque or general reprisals, or otherwife, by his majesty's commiffioners for executing the office of lord high admiral of Great Britain, fhall and may lawfully feize all fhips, veffels, and goods, belonging to the king of Spain, or his fubjects, or others inhabiting within the territories of the king of Spain, and bring the fame to judgment in any of the courts of admiralty within his majesty's dominions; and to that end, his majefty's advocate-general, with the advocate of the admiralty, are forthwith to prepare the draught of a commiflion, and prefent the fame to his majefty at this board, authorifing the commiffioners for executing the office of lord high admiral, or any perfon or perfons by them empowered and appointed, to iffue forth and grant letters

of marque and reprifals, to any of his majefty's fubjects or othes whom the commiffioners fhall deem fitly qualified in that behalf, for the apprehending, feizing, and taking the fhips, velfels and goods belonging to Spain, and the vaffals and fubjects of the king of Spain, or any inhabiting within his countries, territories or dominions; and that fuch powers or claufes be inferted in the faid commiffion as have been usual, and are according to former precedents. And his majefty's faid advocate-general, with the advocate of the admiralty, are alfo forthwith to prepare a draught of a commiffion, and prefent the fame to his majesty at this board, authorizing the faid commiffioners for executing the office of lord high admiral, to will and require the high court of Admiralty of Great Britain, and the lieutenant and judge of the faid court, his furrogate or furrogates, as also the several courts of admiralty within his majesty's dominions, to take cognizance of, and judicially proceed upon, all and all manner of captures, feizures, prizes, and reprifals of all thips and goods that are or fhall be taken, and to hear and determine the fame; and, according to the course of admiralty and the laws of nations, to adjudge, and condemn all fuch fhips, veffels, and goods as fhall belong to Spain, or the vaffals and subjects of the king of Spain, or to any others inhabiting within any of his countries, territories, and dominions; and that fuch powers and claufes be inferted in the faid commiffion as have been ufual, and are according to former precedents; and they are likewife to prepare and

lay before his majefty, at this board, a draught of fuch inftructions as may be proper to be fent to the courts of admiralty in his majesty's foreign governments and plantations, for their guidance herein; as alfo another draught of inftructions for fuch fhips as fhall be commiffioned for the purposes afore-mentioned.

Order of Council relative to Trade to and from the Cape of Good Hope. At the Court at St. James's, the 28th of December, 1796, present the King's Moft Excellent Majefty in Council.

WHEREAS by an act paffed in the prefent feffion of parliament, intituled, "An act to authorife his majefly, for a limited time, to make regulations refpecting the trade and commerce to and from the Cape of Good Hope," it is enacted, that it fhall and may be lawful for his majesty, by and with the advice of his privy council, by any order or orders to be iffued from time to time, to give fuch directions, and make fuch regulations, touching the trade and com

merce to and from the fettlement of the Cape of Good Hope, and the territories and dependencies thereof, as to his majefty in council fhall appear moft expedient and falutary, any of the acts of parliament therein referred to, or any ufage, law or custom, to the contrary notwithstanding.

And whereas during the time the faid fettlement, with the territories and dependencies thereof, were in the poffeffion and under the government of the ftates general of the United Provinces, or of the honourable the general East

India company in the Netherlands, it was ufual to admit the fhips and veffels belonging to the fubjects of countries in amity with faid United Provinces into the ports of the faid fettlement, and of the territories and dependencies thereof, for repair and refreshment, and with that view, to permit the faid fhips and veffels to carry on trade with the inhabitants of the faid fettlement, and of the territories and dependencies thereof: his majefty is hereby pleafed to order, by and with the advice of his privy council, in purfuance of the powers vefted in his majefty by the above recited act, and it is hereby ordered, that it fhall be lawful, until further order, for all fhips and veffels belonging to the fubjects of any country or ftate in amity with his majesty, to enter into the ports of the faid fettlement of the Cape of Good Hope, and of the territories and dependencies thereof, and to carry on trade and traffic with the inhabitants of the faid fettlement, and of the territories and dependencies thereof, and to import and export to and from the ports of the fettlement and of the territories and dependencies thereof, any goods, wares, or merchandise whatfoever, fubject to the following exceptions, and fubject alfo to fuch duties, rules, regulations, and reftrictions, as fhall be eftablithed by his majefty, or by the governor of the faid fettlement, and of the territories and dependencies thereof, by virtue of authority derived from his majefty; and in the mean time fubject to fuch duties, rules, regulations and reftrictions, as fubfifted and were in force before and at the time of the conqueft of the

faid fettlement by the arms of his majefty, with fuch alterations as have been fince made under the authority of the commander in chief of his majesty's forces at the faid fettlement: but it is his majefty's pleasure, that no goods, wares, or merchandise, which thall be imported into the faid fettlement, or the territories or dependencies thereof, from any part of his majefty's dominions fhall be fubject to any duty.

And it is his majefty's pleasure, that no goods, wares, and merchandife, the growth, produce, or manufacture of the countries to the caftward of the Cape of Good Hope, be imported into the said fettlement, or the territories or dependencies thereof, except by the United Company of merchants trading to the Eaft Indies; and that no fuch goods, wares, or merchandife, be permitted to be exported from thence, except for fea flores only, or by the United Company of merchants of England trading to the East Indies, or by their licence.

But it is his majesty's pleasure, that nothing in this order contained fhall extend to prevent fhips or veffels employed in the fouthern whale fithery from carrying on the fame, in fuch and the fame manner as might have been done if this order had not been made.

And it is alfo his majesty's pleafure, that no arms or artillery, gunpowder or ammunition, of any fort, be allowed to be imported into the faid fettlement, or the territories or dependencies thereof, except by the faid United Company of merchants of England trading to the East Indies, or by licence from his majesty.

And

And it is his majefty's further pleasure, that the trade and commerce to and from the said fettlement, and the territories and dependencies thereof, fhall be fubject to fuch of the laws of trade and navigation as would have affected the fame if this order had not been made, except fo far as fuch laws are contrary to this prefent order.

And the right honourable the lords commiffioners of his majesty's treasury, and the lords commiffioners of the Admiralty are to give the neceffary directions herein as to them may respectively appertain.

STEPHEN COTTRELL.

of the vague and frivolous charges which it contains, would indeed be fufficient to fatisfy all reasonable and impartial minds, that no part of the conduct of Great Britain towards Spain has afforded the fmalleft ground of complaint, much lefs any motive fufficiently powerful for adding to the present calamities of Europe all the evils of a new and complicated war.

The only difficulty of a detailed reply arifes not from the ftrength and importance of the complaints alledged, but from their weakness and futility-from the confused and unintelligible fhape in which they are brought forward, and from the impoffibility of referring

Anfwer of the British Government them to any established principle to the Spanish Declaration of

War.

THE open aggreffions of Spain, the violences committed against the perfons and property of his majefty's fubjects, and the unprovoked declaration of war on the part of that power, have at length compelled his majefty to take the neceffary meafures for repelling force by force, and for vindicating the dignity of his crown, and the rights and interefts of his people.

At the moment of adopting these measures, his majesty feels it due to himself to remove every doubt which can be thrown on the indifputable juftice of his caufe, and it will be easily proved, from the very reasons adduced by the court of Madrid in fupport of its declaration of war, that all the calamities which may enfue are folely to be attributed to the conduct of his enemies.

A fimple reference to that declaration, and a bare enumeration

or rule of juftice, to any ufual form or topic of complaint between independent governments, or to any of thofe motives which can alone create the painful duty of an appeal to arms.

The acts of hoftility attributed to his majesty in the manifefto of Spain, confift either of matters perfectly innocent and indifferent in their nature, or of imputed opinions and intentions of which no proof is adduced, nor any effect alledged; or, laftly, of complaints of the mifconduct of unauthorised individuals; respecting all which his majesty has never failed to inftitute inquiry, where inquiry was neceffary, and to cause justice to be done in the regular course of judicial proceedings. The very nature of fuch complaints affords a fufficient answer to the conclufion attempted to be drawn from them by Spain; and his majefty might have been well juftified in declining all further difcuffion on points,

on

on which it was manifefted that no juft motive of hoftility could be grounded.

Such, however, was not his conduct. Anxious to avert from both kingdoms the calamities of war, he has repeatedly and vainly propofed to adjust, by friendly difceffion, all points of difference which could fubfift between the governments of two nations whofe real intereft were the fame, and who had an equal concern in oppoling the progrefs of a common

enemy.

This difcuffion having always been ftudiously avoided by the court of Madrid, it now remains only for his majefty to vindicate in this public manner his own caufe, and to prove the futility of thofe pretences by which that court now feeks to colour its aggreffion.

:

The first point brought forward to fupport an accufation of ill faith is the conduct of the king's admiral at Toulon who is charged with having deftroyed thofe fhips and naval ftores of the enemy which he could not carry away with him; and with having afterwards undertaken an expedition to Cor-, fica, without the knowledge or participation of the Spanish admiral. To an accufation of fuch a nature, alledged as a ground for war between two great nations, it can hardly be expected that a ferious answer fhould be given. It is perhaps the first time that it has been imputed as a crime to one of the commanding officers of two powers acting in alliance, and making a common caufe in war, that he did more than his proportion of mischief to the common enemy. And if it be really true that fuch a

fentiment was entertained at Madrid, certainly no other juftification can be neceffary for not inviting the officers of that court to join in fubfequent expeditions against the fame enemy at all events, it cannot be pretended that a coopération between two allies (however cordial and fincere) in any one particular enterprize, could afterwards reftrain either of them from undertaking feparately any other, to which his own force appeared in itself to be adequate.

The fecond inftance of ill-faith attributed to his majefiy, is the conclufion of a treaty of amity and commerce with the United States of America; a power with whom both Great Britain and Spain were at peace; with whom the king, as well as his catholic majefty, was perfectly free to contract any fuch engagements; and with whom the court of Madrid has actually concluded a fimilar treaty, with this difference only, that the ftipulations of the British treaty can give no ground of offence or injury to any other power, while the Spanish treaty contains an article (that refpecting the navigation of the Miffiffippi) which if it could have any force or effect at all, would be, on the part of Spain, a direct breach of treaty with Great Britain, and a grofs violation of the important and unquestionable rights of his majefty and his people.

The fame ill-faith is faid to have been manifested in the unwillingnefs fhewn by the British government to adopt the plans propofed by Spain for haftening the conclufion of the war with France, (but what these plans were, is not stated) and alfo in omitting to com

ply

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