Page:Prerogatives of the Crown.djvu/192

172 Foreign Commerce, [Ch.X. Sec.I. the effect of removing the disability of an alien enemy, so as to enable him to sue in his own name (a). If, however, the alien Teside in this country with the King's permission, he may, in such case, sue in his own name {b). The conclusion of a peace necessarily destroys a licence, it then having no subject-matter to act upon (c). These prerogative dispensations may also be exercised through the medium of orders in council, which are of a more general nature than licences, as they in general contain dispen- sations, or prohibitions, extending to a whole branch of com- merce {d). Though we have seen that the King has not in general, by virtue of his prerogative, a power to dispense with the com- mon law, or any legislative provision [e); yet it has been usual, during the war, to give to the King in Council a power of mo- difying or dispensing with such provisions as it may be found expedient, in particular conjunctures, to alter or suspend ; for the interests of commerce being of so variable a nature, and depending so much on circumstances suddenly arising, it would be very difficult, not to say impossible, during war, to make them generally subject to any permanent legislative provi- sion (/). The power to make these orders of council, and to grant licences in pursuance of them being derived from Acts of Par- liament, is of a limited nature, and cannot be extended further than the acts themselves permit. The construction of licences granted by virtue of the King's prerogative, will in general be applicable to licences founded on these statutes. We have also seen, that in cases of positive state necessity, the Crown has the power of laying on a general embargo ; and, on the same principle of political emergency and absolute necessity, on which embargoes are justifiable, we may rest the King's power to make new declarations of contraband, and to prohibit the trading in articles which are termed contraband of war, as arms, ammunition, horses, timber for ship build- (a) 8 East, '213 j per Lord Ellenbo- {e) Ante, ch. 7. sect. 2. div. 2, rough. (/) See 43 Geo. 3. c. 153. s. 15, 16. (A) 3 East, 332. 45 Geo. 3. c. 34. 46 Geo. 3. c. 111. (c) 5 Rob. R. "22. 41 Geo. 3. se«s. 2. c. 27. 48 Ge«. 3. [d) Chitty, L. of Nat. 279. c. 37, 126. 49 Gto. 3. c. 25, 60.