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" Pelican," In re The Eng. Rep. 1160 (1752-1865)

handle is hein.slavery/ssactsengr0416 and id is 1 raw text is: B.
NOTE to page 2.
INSTRUCTION, 11th February 1807.
Our will and pleasure is, that all British vessels which have cleared out for any
of the ports of our United Kingdom to Buenos Ayres and the river Plata, may be
permitted, either to proceed without interruption to any port of the island of
St. Domingo, not in the immediate possession and under the control of France or
Spain, there to dispose of their cargoes, and to lade produce in return, and to carry
the same to any port of our United Kingdom, or to tranship their cargoes on board
neutral vessels, and to send the same for sale to any hostile colony, and to bring
back returns on board such neutral vessels, to any port of our United Kingdom.
By His Majesty's Command,
(Signed)                   SPENCER.
[w] C.
NOTE to page 2.
ORDER IN COUNCIL, 15th July 1807.
Whereas it has been represented to His Majesty, that it would be expedient
in the present circumstances to permit, under certain rules and restrictions, a com-
mercial intercourse to be carried on in British vessels, navigated according to law,
from the province of Nova Scotia to such ports and places in the island of
St. Domingo, as are not or shall not be under the dominion and in the actual possession
of the Government of France or Spain; His Majesty, by and with the advice of
his Privy Council, is pleased to authorise, and doth hereby authorise the governor of
the said province of Nova Scotia, to grant licences under his hand and seal, but in
His Majesty's name, to British vessels, navigated according to law, to clear out
from any port of the said province of Nova Scotia, with cargoes of the produce of
the said province of Nova Scotia, or any British colony or plantation, or of the
produce or manufacture of the United Kingdom of Great Britain and Ireland,
to such ports and places in the island of St. Domingo, as are not or shall not be
under the dominion and in the actual possession of the Government of France or
Spain (the name of the vessel and the ports to and from which the vessel is bound
to be inserted in any such licence), and to bring back from such ports in the said
island, to some port of the said province of Nova Scotia, or to some port of the
United Kingdom, any articles the produce of the said island of St. Domingo, such
articles of produce to be in all respects subject to the duties and regulations to which
the produce of foreign islands is by law subject: Provided, however, that such
vessels shall not carry any sugar to the said island of St. Domingo, nor carry any
negroes either to or from the said island. And His Majesty is further pleased to
direct, that every licence so granted shall be entered upon record in the proper
office, and an account thereof be transmitted to His Majesty's Secretary of State
for the Colonial Department. And His Majesty doth hereby order and command
all and every the commanders and officers of His Majesty's ships and vessels of
war, and the commanders of all private ships of war, and all others whom it may
concern, to suffer all and every such ships and vessels, having such licence as afore-
said, and conforming to the regulations therein prescribed, to pass and repass
upon their respective voyages which shall be described in such licences. And
[iv] in case through ignorance, or in breach of this His Majesty's Order in Council,
any ships or vessels having such licence as aforesaid, shall be brought in for adjudica-
tion, His Majesty doth hereby further order and command that they shall forthwith
be released by His Majesty's Courts of Admiralty, upon proof that the parties
have duly conformed to the regulations and restrictions prescribed in the said
licences.
(Signed)         STEPHEN COTTRELL.
D.
NOTE to page 4.
PELICAN (Burke).
In the case of The Pelican, Burke, the same question occurred in the Court
of Appeal, 6th May 1809.-It was the case of a vessel under Danish colours, captured
on a voyage from Port au Prince to New York with a return cargo of coffee, &c.-The

1160

APPENDIX

EDW. (APP.) iii.

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