ORDER IN COUNCIL. This ex pression is chiefly known in connection with the measures taken by the British government in 1807 and 1809, in retalia tion of the Berlin and Milan decrees of Napoleon, by which Great Britain and her colonies were declared in a state of blockade. The measure of retaliation had the effect of treating as enemies, not only France and its dependencies, but all who, either voluntarily or by compulsion, gave obedience to the decrees. A full account of the matter will be found under the head BLOCKADE. There has been much dispute as to the legality of these orders. The law of nations has acknowledged the blockading of lines of coast against the commerce even of neutral or friendly powers, when the object is to punish the state so blockaded, and the belligerent power has a force on the spot sufficient to make the blockade actual and physical. But where a belligerent power goes be yond this, and declares some place at which it has no armed force under a state of blockade, it simply issues an edict against the freedom of commerce, au thorizes its cruisers to seize vessels which are not impeding any warlike operations, and covertly declares hostilities against the states affected by the fictitious block ade. The law of nations has never coun tenanced such a licence, and it came to be a question whether these orders in council, being thus not of an executive but of a legislative character, were legal, the Privy Council not having any legislative au thority in this country, except in so far as it may be authorized by act of parlia ment. In favour of the orders, it was maintained that they were merely part of the execution of the royal prerogative of declaring and conducting war, and that they were methods of legitimate retalia tion, by which individuals undoubtedly suffered, as individuals always must where warlike operations are conducted on a large scale. Analogy was taken from the exercise of the crown's preroga tive during war, in prohibiting the sup plying of the enemy with commodities contraband of war—an interference with the freedom of commerce justified by the necessity of the case. But these argu ments did not satisfy the country gene rally that the measure, if it was a right one, should not have been accomplished by Act of Parliament instead of Order is Council.
It is difficult to draw the line between what may and what may not be accom. plished by Order in Council. There have been various occasions on which, in cases of emergency. orders in council have been issued contrary to law, and those who have been concerned in passing, pro mulgating, or enforcing them have trusted to legislative protection, and taken on themselves the personal responsibility of the proceeding. In the year 1766, when there was a deficient harvest and the pro spect of famine, an order in council was issued prohibiting the exportation of corn from the British ports. In the imme diately ensuing parliament the act 7 Geo. III. c. 7, was passed for indemnifying all persons who had advised the order or acted under it, and for giving compensa tion to all who had suffered by its en forcement. The act in reference to the order declared, " which order could not be justified by law, but was so much for the service of the public, and so necessary for the safety and preservation of his majesty's subjects, that it ought to be jus tified by act of parliament." All orders restricting trade—unless when they are within the justification of the national war policy—and all orders suspending the operation of any act of parliament, would require an act of indemnity. There are some matters affecting trade and the revenue, as to which orders in council are specially authorized by act of parlia ment. Thus in the Customs' Duties Act, when there is any scale of duties to be paid by the subjects of a state having a treaty of reciprocity with Britain, it is enacted that the treaty of reciprocity, and consequently the right to import at the lower duties, shall be declared by order in council. By the International Copy right Act, 1 & 2 Viet c. 59, the countries which, by their conceding a term of copyright to works published in Britain are to enjoy a similar privilege here, may be declared by order in council.
Oil DERS OF KNIGHTHOOD.