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where the Vessel wither "unlawfully enter or trade a Port other than covices along Itreaty. " clandestine the coasts of China. The words "unlawfully enter or trade" have other signification than that of entering with the intents for the purpose of trading in violation of the Treaty.
But even had the word "unlawfully" been omitted from the clause, the circumstance of being driven into a Port by stress of weather, fear of Pirates &c: forbidden "vis major" such would not in my opinion subject the vessel to confiscation.
As the exception of "vis major" must be implied in accordance with the ordinary Rules of construction applicable to the clause, the spirit of which is clearly to prevent British Vessels from resorting to the forbidden Ports for trading purposes. I may mention that it does not clearly appear that the "Prince Albert" entered Port at all. She anchored few miles up the River under the Protection of some batteries and as for carrying clandestine trade along the coast there is not a...