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8 May §§.8 1
III Contract
§§.8
☞ After the Estimates (12) (1) Cowies Case
§§. 8 Precedents of compensation for damage by G acts of
Government — Embargo on the Jany 1800 1801 — Chalmers
and Cowie's Case &c.
In the situation in which I stand, a natural subject
of inquiry is whether seriously 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 my
this case of mine. on this occasion accident had led me<lb/.to the case of Messrs Chalmers andCowie, and Chalmers, and Cowie who under
and by virtue</add> of the General Appropriation Act 46 G.3.c.149.§§.19
received a the sum of £25,000: [+] [+] "as a compensation
(say the words of the
Act) "for loss occasioned
"sustained by Cargoes
"of Swedish Herrings" To In the case of these
gentlemen, were what there is that appears analogous to mine is to the effect that
in following. It was in consequence of the encouragement which they received and did <lb?>from the Administration of the day; [+] [+] (it was also Mr Pitts)</note — encouragement given for public and altogether unimpeachable purpose that they embarked
in a particular commercial adventure, which instead of
on the occasion of which, whatsoever profit might have
accrued was by afterwards, by an unexpected act of government — makers
of state general policy — viz. a sudden and unexpected embargo — converted into
loss.
ǂ <note> ǂ Vouchers No 7
House of Commons
Report from
the Committee on the
Petition of Messrs
Chalmers and Cowie.
Swedish Herrings
Ordered to be presented
31 March 1806. No 48.
The At the time in question, the country labouring del>at the time under a , a Committee
of the House of Commons was sitting to consider of measures
of relief. + + Novr 1800. Importation of Herrings from Sweden was suggested,
and Messrs Cowie and Chalmers being known
as traders Merchants trading to Sweden, upon the information they gave, encouragement
was, with the privity of Mr Pitt, held out to
them to order herrings from the in considerable quantity
from that country. Some time after, || || 14 of Jany or Feby
1801. an embargo, [+] [+] by which the intercourse
between this
country and Sweden
in Swedish as well
as in Englis British
Ships was prevented, being laid here
her in Ships has, and measures of retaliation on the part of
being experienced or apprehended it was found that the herrings
which had then been purchased could not if at all be brought to England
in English Ships in any such way as had been intended. In the quality of , American
vessels were therefore engaged, and the herrings thus
brought over: But during in the course of the delay thus occasioned, the
proving favourable the dearth experienced relief, and, the herrings
(it was found) could not be disposed of without positive loss.
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