"Upon the very foot of trade itself, it is necessary, that the Crown should have a power over the persons and dealings of their subjects in foreign parts. By the law of nations, a government, if they have no other redress, take goods from any of the same nation, by way of reprisal, for injustice done by one of the nations. So that Englishmen suffered to reside abroad, by their misbehaviour, may endanger more than their own persons and estates. But, as the stating to your Lordships, the power which the Crown has to prohibit the subject from going abroad, when there is reason to suspect, that designs prejudicial to the kingdom are carrying on alone, is not sufficient to answer your Lordships' purpose, I shall beg leave to remind your Lordships of a case parallel to this, which has already had a determination at the Board, anno one thousand seven hundred and five : Several English merchants were concerned in a design to set up the manufacturing of tobacco in Russia, to which purpose they had carried over the necessary workmen and instruments ; but, upon application to the Board of Trade, the then Lords Commissioners did represent it to the Queen in Council, as their opinion, that the persons who had been al- ready sent to Moscow, might be recalled by letters of privy seal, directed to her Majesty's Envoy, for that purpose; and that the engines and materials of working, should be broken and destroyed in the presence of the said Envoy; and that the persons at home, who were concerned in sending the said workmen over, should be enjoined not to send over any more workmen or materials, &c.
" Upon inquiry, my Lords, I am informed, that the said works and materials were actually destroyed in Russia, and the workmen sent back again by the direction of the Envoy, who took the advantage of the Czar's absence from the place where they were established. What was then done may certainly be repeated. It is not the business of a lawyer to consider, how such a method of proceeding may be relished by a foreign Court ; but only to give it, as his opinion, that it may be justified, as against the particular subjects, who are guilty of so high a crime against their country. "Dec. 5, 1718," " Rich. West."
This opinion is written in a most able and plausible manner ; but it is conceived, with the greatest diffidence, that many ofthe
