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To the Right Hon. the Lords Commissioners of Trade and Plantations.

May it please your Lordships;

In obedience to your Lordships' commands, signified to me by Thomas Hall Esq., referring to me a report of several merchants of Port Mahon, relating to the trade to the kingdom or government of Algiers, which has been submitted to Lieutenant General Blakeney, the Lieutenant-Governor of Minorca, containing the sentiments of those merchants, with regard to the trade between the state of Algiers and that island, and to what might be most advantageous to his Majesty's subjects in general, trading to the Mediterranean; which having been laid before their Excellencies the Lords Justices, and by them referred to your Lordships, for your consideration and report how far the request of those merchants may be complied with agreeable to the maritime law; and it being your Lordships' direction to me, that I should report my humble opinion immediately (the affair admitting no delay) how far the matters contained in the said report are consistent with the maritime law: I humbly certify your Lordships, that I conceive the several propositions and regulations recited and clearly set forth in the merchants' report, are reasonable, and highly beneficial to trade and navigation, and no ways contrary to the maritime law, the principal view, purpose, and intention of that law being to encourage and protect commerce at sea.

There are at present articles of peace and commerce between Great Britain and Algiers, ratified, confirmed, and renewed, the 29th of October, 1716. The present rules, under your Lordships' consideration, are as bene

ficial to trade as those already established, and more explicit and plain; and, consequently, as I humbly apprehend, merit your Lordships' approbation.

Doctors' Commons, July 18, 1750.

G. PAUL.

(8.) The opinion of the Advocate, Attorney, and Solicitor-General, Paul, Ryder, and Murray, how far salvage was due on a Spanish ship and cargo, that had been stranded in North Carolina.

Some Spanish vessels having been wrecked on the coast of North Carolina, it was held by Dr. G. Paul, Attorney-General Ryder, and Solicitor Murray, that nothing was due as salvage, though, for mere labor in saving the cargoes, a reasonable compensation only was due; that the governor ought not to have asked any duty or gratification they think the cargo is in the nature of a pledge for the freight.

June 4, 1751.

(9.) The opinion of the Attorney and Solicitor-General, Yorke and Talbot, on the duration of the treaty of neutrality, in 1686.

To the Right Hon. the Lords Commissioners for Trade and Plantations.

May it please your Lordships;

In obedience to your Lordships' commands, signified to us by Mr. Popple, desiring our opinion upon the legality of the following article in his Majesty's general instructions to his several governors in America, relating to the treaty of peace and neutrality in America, made between England and France, in 1686, we have considered the said article, which is in these words, viz:

"Whereas, by the 5th and 6th articles of the treaty of peace and neutrality in America, concluded between England and France, the 16th day of November, 1686, the subjects, inhabitants, &c. of each kingdom are prohibited to trade and fish in all places possessed, or which shall be possessed, by them, or either of them, in America; and that if any ships shall be found trading contrary to the said treaty, upon due proof the said ships shall be confiscated; but in case the subjects of either king shall be forced by stress of weather, enemies, or other necessity, into the ports of the other, in America, they shall be treated with humanity and kindness, and may provide themselves with victuals and other things necessary for their sustenance and reparation of their ships, at reasonable rates, provided they do not break bulk, nor carry any goods out of their ships, exposing them to sale, nor receive any merchandize on board, under penalty of confiscation of ship and goods;" notwithstanding which treaty, we are given to understand that an illegal trade has been carried on between our plantations and the French settlements in America, on pretence that there is no law in force against such trade. It is therefore our will and pleasure, that you signify to our subjects under your government, the purport and intent of the abovesaid two articles, and that you take particular care that the same be punctually observed and put in execution, and that no illegal trade be carried on between our subjects in our said

under your government, and the French settlements in America, by any of our ships of war attending

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or by any other British ships; as likewise that none of the French subjects be allowed to trade from their said settlements to

We have also considered the annexed extract of the 5th and 6th articles of the said treaty of peace and neutrality, referred to by the said instructions, and conceive that it was the intent of those articles to give power to the King of Great Britain, and the Most Christian King, reciprocally to seize and confiscate the ships and cargoes belonging to the subjects of each other, which should carry on a trade contrary to the said articles, and, consequently, that ships belonging to the subjects of France, with their ladings, that shall be found trading in any of the British plantations in breach of those articles, will be liable to be seized and condemned in some of his Majesty's courts within such plantation for that cause; and that, on the other hand, ships and their cargoes belonging to British subjects, who shall be found trading in any of the French plantations in breach of the said articles, will, in like manner, be subject to seizure and confiscation, within such French plantation; but we apprehend, that it was not the intent of this treaty to provide that either of the contracting powers should seize and confiscate the ships or goods of their own subjects, for contravening the said articles; and if such intention had appeared, we are humbly of opinion, that it could not have had its effect with respect to his Majesty's subjects, unless the said articles had been confirmed, either by the act of Parliament of Great Britain, or by acts of assembly within the respective plantations.

As to the above mentioned instruction, there appears to us nothing illegal in the terms of it; but considering the distinction arising upon the said two articles of the treaty, which we have already stated, we submit it to your Lordships' consideration, whether it may not be expressed more explicitly and particularly, in order to

prevent mistakes in carrying the same into execution in the several cases that may happen.

June 3, 1728.

P. YORKE.

C. TALBOT.

(10.) The opinion of the Attorney and Solicitor-General, Ryder, and Murray, on the same subject.

To the Right Hon. the Lords Commissioners for Trade and Plantations.

May it please your Lordships;

In pursuance of your Lordships' desire, signified to us by Mr. Pownall, in his letter of the 30th day of March last, inclosing a copy of an instruction given to the governors of his Majesty's colonies and plantations in America, relative to the 5th and 6th articles of the treaty of peace and neutrality in America, concluded between England and France, the 16th day of November, 1686, desiring our opinion whether the said treaty is now of any force or validity: we have taken the said articles of that treaty into our consideration, and are of opinion that the said treaty is now in force,

April 7, 1753.

D. RYDER.

W. MURRAY.

(11.) The opinion of the Attorney and Solicitor, Norton and De Grey, on the same subj.ct.

To the Right Hon. the Lords Commissioners for Trade and Plantations.

May it please your Lordships;

In obedience to your Lordships' commands, signified to us by Mr. Pownall's letter of the 28th of January last, intimating that your Lordships had under your consideration some papers relative to a negociation with the

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