reign commerce, which may be
injurious to the prosecution of the common cause, _and the
interests of its ally_. It should seem that it is not
enough, therefore, to say that one state has allowed this
practice to its own subjects; it should appear to be at
least desirable, that it could be shown that the practice is
of such a nature that it can in no way interfere with the
common operations, or that it has the allowance of the
confederate state."[213]

Trade with the enemy has always been held to be a direct interference
with the common operations of the war, and indirect trade has been
regarded with as much jealousy as direct trade. If Lord Stowell is to
be trusted, this country cannot in any way waive its belligerent
rights, without the consent of its ally; so that it is quite in the
option of France at any time to withdraw its assent, or to modify it
in terms, and thus bind English merchants to the terms of their
assent.

The _intended_ effect of these Orders is well described in the
_Times_, of April 21st, 1854.

"The Order in Council of the 15th April, 1854, recites, in
the first instance, Her Majesty's declaration made on the
opening of the war; but it then goes on to enact not only
that enemies' property laden on board neutral vessels shall
not be seized, but that all neutral and friendly ships shall
be permitted to import into Her Majesty's dominions, all
goods and merchandizes whatsoever, and to export everything
in like manner, except to blockaded ports, and except those
articles which require a special permission as being
contraband of war. But this liberty of trade is not confined
to neutrals. It is further ordered, that, with the above
exceptions only, British subjects shall have free leave to.
trade 'with all ports and places wherever situate,' save
only that British ships are not permitted to enter the ports
of the enemy. The effect of this Order is, therefore, to
leave the trade of this country with neutrals, and even the
indirect trade with Russia, in the same state it was in
during peace, as far as the law of our courts maritime is
concerned; and the doctrine of illegal trading with the
enemy is at an end.[214] The restrictions henceforth to be
imposed are solely those arising out of direct naval and
military operations, such as blockade, and those w