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§.8.(1) + 73
§.8. Precedents of Compensation, for damage by
the act of government - Embargo, + 4th Jan:y 1801 -
Chalmers and Cowie's Case under 46.G.3. C.148 §.19 -
an Appropriation Act -
In the situation in which I stand, a natural subject
of enquiry could not but be - what precedents, if any, the history
of finance in this country, looking to recent times, may happen
to afford, of a nature similar, in any respect, to this case of mine.
On this occasion, accident led me to the case of Messrs Chalmers
and Cowie, who, under and by virtue of the General Appropriation
Act 46G. 3.c. 149 § 19, received the sum of 25,000£, "as a compensation"
(say the words of the Act) "for loss sustained by Cargoes of Swedish
Herrings.. In the case of these gentlemen, what there is that
appears analogous to mine, is to the effect following. It was in consequence
of encouragement, received from the Administration of
the day, (it was also Mr Pitt's) - encouragement given for public and
altogether unimpeachable purposes, that they embarked in a
particular commercial adventure, on the occasion of which,
whatsoever profit might have accrued was afterwards, by an
unexpected act of government - a measure of general policy - viz.
a sudden and unexpected embargo - converted into loss.ⱡ
ⱡ House of Commons Report from the Committee on the Petition of Messrs Chalmers and Cowie, "Swedish Herrings".
Ordered to be printed 21 March 1806 No 48.
At the time in question, the country labouring under
a dearth, a Committee of the House of Commons was sitting
to consider the measure of relief.+ Importation of herrings from
+ Nov.r 1800
Sweden was suggested, and Messrs Cowie and Chalmers being known
as merchants trading to Sweden, upon the information they gave,
encouragement was, with the privity of Mr Pitt, held out to
them, to order herrings in considerable quantities from that
|| 14 Jan.y or Feb.y 1801. See report pp 7 and 8
country. Some time after ||, an embargo being laid here, by which
the intercourse between this country and Sweden, in Swedish as
well as British Ships, was prevented, it was found that the
herrings, which had there been purchased, could not, if at all, be
brought
Identifier: | JB/122/524/001 "JB/" can not be assigned to a declared number type with value 122.
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JOHN DICKINSON & Co 1809 |
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