84 
the violators of it protected by bills 
of indemnity. If the trade could 
not be interrupted, without endan- 
gering the subsistence of the colo- 
nies, it was proper, that it should 
be carried on with the consent of ° 
parliament, and not in contempt of 
its authority. If a discretionary 
power was necessary to regulate its 
operations and limit its extent, it 
was fitting, that such discretionary 
authority should beconferred by the 
legislature, but most improper that 
it should be assumed by the servants 
of the crown. Such were the views 
in which the American intercourse 
bill originated. Its object was to 
give a legal existence to that trade, 
which had been carried on for thir- 
teen years in opposition to law, 
but which could not be stopped, 
without putting to hazard the exis- 
tence of the colonies. It occasion- 
ed no innovation in the established 
course of trade, nor was intended 
nor calculated to produce that effect. 
It neither aggravated the distresses, 
nor added to the difficulties of the 
shipping interest of Great Britain. 
It gave them on the contrary, a le- 
gal tribunal, before which, in the 
absence of parliament, they could at 
all times carry their complaints, and, 
if aggrieved, demand and obtain ro- 
dress for their grievances. No 
man or body of men could justly 
complain of ministers, that fore- 
seeing they should be compelled 
from necessity to do that, which 
others from neeessity had) already 
done, they preferred to havea le- 
gal authority for doing it, rather 
than first to violate the law, and 
come afterwards to parliament for 
an indemnity. No man or body 
ef men had a right to insist, that 
ministers should act illegally, when 
they were disposed to have the au- 
ANNUAL REGISTER, 1806. 
thority of law to direct their pro- — 
ceedings. Noman couldsay he was 
injured, when a competent tribunal 
was appointed to hear and redress 
his wrongs. If the British ship 
owners were of opinion, that what- 
ever might have been the past ob- 
stacles that prevented them, they 
were now able to supply our West — 
India colonies with provisions, they — 
had only to state their case to the © 
privy council ; and if they could. 
shew, that they had not only an in- 
clination butan ability to resume the 
monopoly, which they had formerly 
abandoned, they might be sure, that 
the privy council of England would — 
prefer their interests to those of the . 
subjects of any foreign power. 
That we have taken a just view, © 
and given a faithful account of the 
origin, purport and effect of the 
American intercourse bill, any one 
may satisfy himself without diffi- 
culty, by the perusal of its concise 
and simple enactments, After 
stating in the preamble of the bill, 
that it had been necessary at various 
times during the present war to per- 
mit neutrals to trade with his ma- — 
jesty’s colonies in the West Indies, 
and on the continent of South Ame- 
rica, and adding, ‘¢ that it was 
proper that provisions should be 
made for meeting such emergenciesin 
future, without the necessity of fre- — 
quent violations of the law by his 
majesty’s officers appointed and 
sworn to administer and execute 
the same ;” it empowered his ma- 
jesty in council, when such neces- 
sity should again arise during the pre- 
sent war, to authorize his gover-— 
nors, under such restrictions and 
limitations as to him in council 
should seem fit, to permit this trade 
to becarried on; with this proviso, 
that neutrals so employed, should 
import 
