"I need not repeat what I have so often stated, the anxious
wish of this court to relieve, as much as possible, the
difficulties under which the commerce of the world now
labours (November 1812,) and to apply the most favourable
consideration to the construction of license cases. At the
same time it is to be remembered, that the court possesses
the mere power of interpretation; that it must confine
itself to a reasonable explanation of the terms made use of,
and cannot alter or dispense with conditions considered as
essential by the Government granting the license. If the
court assumes the power of extension by favourable
interpretation, it does so only where there is a total
absence of _bad faith_, and where unavoidable obstacles have
been thrown in the way of an exact compliance with the terms
prescribed. Where there has been a want of good faith, or a
departure from the terms, beyond the necessity thus imposed,
the court has not felt itself called upon to mitigate the
penalties incurred by such a deviation."[114]

[Sidenote: The Vessel.]

It is not an essential deviation from the licence, if ships of other
countries than those designated in the license are employed; provided
those other countries have the same political bearing towards this
kingdom as those mentioned in the licence. But it is not a matter of
indifference to substitute a ship belonging to a country at war, for a
neutral or native ship, at the will and pleasure of the holder of the
licence.[115]

Where an enemy's ship was represented to be neutral, and under that
disguise obtained a licence and was navigated, the ship and freight
were condemned; and the cargo would have been involved in the same
fate had it been shown that the owner of the cargo was privy to the
fraud.[116]

A licence to trade in neutral bottoms does not extend to British
ships.[117]

[Sidenote: The Cargo.]

The exportation of the produce and manufactures of this country is
undoubtedly of great importance; but in time of war, it may be a
matter of serious injury to the kingdom, if the commerce of the enemy
is to be carried on in security under the abuse of British licences.
The Courts of Admiralty and Prize, therefore, as far as lie in their
power, guard against the fraudulent application of licences.

The following are a few practical rules for the guidance of
merchants:--

1. Where the