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diff --git a/old/10351-h/10351-h.htm b/old/10351-h/10351-h.htm new file mode 100644 index 0000000..e117e51 --- /dev/null +++ b/old/10351-h/10351-h.htm @@ -0,0 +1,22934 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<html> +<head> +<meta http-equiv="Content-Type" + content="text/html; charset=iso-8859-1"> +<meta content="pg2html (binary version 0.12a)" + name="generator"> +<title>The Project Gutenberg eBook of + The Works of Samuel Johnson, Ll.d., Volume X. +</title> +<style type="text/css"> + <!-- + * { font-family: Times; + } + P { text-indent: 1em; + margin: 10%; + margin-top: .75em; + font-size: 14pt; + text-align: justify; + margin-bottom: .75em; } + H1,H2,H3,H4,H5,H6 { text-align: center; } + HR { width: 33%; } + PRE { font-family: Times; font-size: 14pt;} + .toc { margin-left: 15%; font-size: 14pt; margin-bottom: 0em;} + CENTER { padding: 10px;} + // --> +</style> +</head> +<body> + + +<pre> + +Project Gutenberg's The Works of Samuel Johnson, Vol. 10., by Samuel Johnson + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Works of Samuel Johnson, Vol. 10. + Parlimentary Debates I. + +Author: Samuel Johnson + +Release Date: December 1, 2003 [EBook #10351] +[Last updated. February 17, 2013] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK S. JOHNSON, V10 *** + + + + +Produced by David Widger, Jonathan Ingram, Tom Allen +and the Online Distributed Proofreading Team. + + + + + + +</pre> + + +<p> </p> +<p> </p> +<h1> + THE WORKS OF SAMUEL JOHNSON, LL.D, +</h1> +<center> + VOLUME THE TENTH. +</center> +<center> + MDCCCXXV. +</center> + + + +<br /><br /> +<hr> +<br /><br /> + +<br /> +<p class="toc"><a href="#2H_4_1"> +PREFATORY OBSERVATIONS TO THE PARLIAMENTARY DEBATES. +</a></p> +<p class="toc"><a href="#2HREF2"> +REFERENCES TO THE SPEAKERS +</a></p> +<p class="toc"><a href="#2H_4_3"> +DEBATES IN PARLIAMENT. +</a></p> +<p class="toc"><a href="#2H_4_4"> +HOUSE OF COMMONS, NOVEMBER 19, 1740. +</a></p> +<p class="toc"><a href="#2H_4_5"> +HOUSE OF COMMONS, DEC. 2, 1740. +</a></p> +<p class="toc"><a href="#2H_4_6"> +HOUSE OF COMMONS, DEC. 4-11, 1740. +</a></p> +<p class="toc"><a href="#2H_4_7"> +HOUSE OF LORDS, DEC. 9, 1740. +</a></p> +<p class="toc"><a href="#2H_4_8"> +HOUSE OF COMMONS, DECEMBER 12, 1740. +</a></p> +<p class="toc"><a href="#2H_4_9"> +HOUSE OF COMMONS, JAN. 24, 1740-1. +</a></p> +<p class="toc"><a href="#2H_4_10"> +HOUSE OF COMMONS, FEB. 3, 1740-1. +</a></p> +<p class="toc"><a href="#2H_4_11"> +HOUSE OF LORDS, FEB. 13, 1740-1. +</a></p> +<p class="toc"><a href="#2H_4_12"> +HOUSE OF COMMONS, FEB. 24, 1740-1. +</a></p> +<p class="toc"><a href="#2H_4_13"> +HOUSE OF COMMONS, FEB. 27, 1740-1. +</a></p> +<p class="toc"><a href="#2H_4_14"> +HOUSE OF COMMONS, MARCH 2, 1740-1. +</a></p> +<p class="toc"><a href="#2H_4_15"> +HOUSE OF COMMONS, MARCH 13, 1740-1. +</a></p> +<p class="toc"><a href="#2H_4_16"> +HOUSE OF COMMONS, APRIL 12, 1741. +</a></p> +<p class="toc"><a href="#2H_4_17"> +HOUSE OF COMMONS, APRIL 16, 1741. +</a></p> +<p class="toc"><a href="#2H_4_18"> +HOUSE OF COMMONS, DECEMBER 1, 1741. +</a></p> +<p class="toc"><a href="#2H_4_19"> +DECEMBER 4, 1741. +</a></p> +<br /><br /> +<hr> +<br /><br /> + + + +<h2> + CONTENTS +</h2> +<br /> + + +<center> +<table summary=""> +<tr><td> + + +<p> +<br> +Debate on the bill for prohibiting the exportation of corn.<br> +<br> +Debate on a seditious paper.<br> +<br> +Debate on incorporating the new-raised men into the standing regiments.<br> +<br> +Debate on taking the state of the army into consideration.<br> +<br> +Debate respecting officers on half-pay.<br> +<br> +Debate on an address for papers relating to admiral Haddock.<br> +<br> +Debate regarding the departure of the French and Spanish squadrons.<br> +<br> +Debate on addressing his majesty for the removal of sir R. Walpole.<br> +<br> +Debate on cleansing the city of Westminster.<br> +<br> +Debate on the bill to prevent inconveniencies arising from the insurance<br> +of ships.<br> +<br> +Debate on the bill for the encouragement and increase of seamen.<br> +<br> +Debate on the bill for the punishment of mutiny and desertion.<br> +<br> +Debate on addressing the king.<br> +<br> +Debate on supporting the queen of Hungary.<br> +<br> +Debate on choosing a speaker.<br> +<br> +Debate on the address.<br> +</p> + + + +</td></tr> +</table> +</center> + + +<a name="2H_4_1"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + PREFATORY OBSERVATIONS TO THE PARLIAMENTARY DEBATES. +</h2> +<p> + The government of this country has long and justly been considered the + best among the nations of Europe; and the English people have ever + evinced a proportionate desire for information in its proceedings. But + in the earlier days of our constitution, we shall find that much + jealousy on the part of our rulers debarred the people from access to + the national deliberations. Queen Elizabeth, with a sagacity that + derived no assurance from the precedents of former times, foresaw the + mighty power of the press, as an engine applied to state purposes, and + accordingly aroused the spirit of her subjects, by causing the first + gazettes to be published in the year of the armada [Footnote: See sir J. + Mackintosh's Defence in the Peltier case.]: and D'Ewes's journals of her + parliaments contain the earliest reports of parliamentary debates. +</p> +<p> + The first volume of the commons' journals comprises the debates from the + accession of James the first, to the cessation of parliaments under + Charles the first. The publication, in 1766, of a member's notes, + furnished authentic debates of the session in 1621. Rushworth, in his + voluminous collections, presents us with many of the debates during the + civil wars. Gray's more regular debates succeeded. From these, until the + times that followed the glorious revolution in 1688, we have no reports + of parliamentary proceedings, interesting as they must have been, on + which we can place any more reliance, than on those of Dr. Johnson, + which, we shall presently see, cannot pretend to the character of + faithful reports, however deservedly eminent they are as eloquent and + energetic compositions. But the revolution was not immediately followed + by a liberal diffusion of parliamentary intelligence, for the newspapers + of William's reign only give occasionally a detached speech. That + sovereign scarcely allowed liberty of speech to the members of + parliament themselves, and was fully as tyrannical in disposition as his + predecessor on the throne; but, happily for the English nation, he was + tied and bound by the strong fetters of law. +</p> +<p> + The stormy period that ensued on William's death, is somewhat + illustrated by Boyer's POLITICAL STATE. The HISTORICAL REGISTERS which + appeared on the accession of George the first, may be considered as more + faithful depositories of political information than Boyer's partial + publication. The spirited opposition to sir Robert Walpole excited an + unprecedented anxiety in the nation to learn the internal proceedings of + parliament. This wish on the part of constituents to know and scrutinize + the conduct of their representatives, which to us appears so reasonable + a claim, was regarded in a different light by our ancestors. But the + frown of authority in the reign of George the second began to have less + power to alarm a people whose minds were undergoing progressive + illumination. A general desire was then loudly expressed for + parliamentary information, which Cave sought to gratify by the insertion + of the debates in the GENTLEMAN'S MAGAZINE. The jealousy of the houses, + however, subjected that indefatigable man to the practices of stratagem + for the accomplishment of his design. He held the office of inspector of + franks in the postoffice, which brought him into contact with the + officers of both houses of parliament, and afforded him frequent and + ready access to many of the members. Cave, availing himself of this + advantage, frequented the houses when any debate of public interest was + expected, and, along with a friend, posted himself in the gallery of the + house of commons, and in some retired station in that of the lords, + where, unobserved, they took notes of the several speeches. These notes + were afterwards arranged and expanded by Guthrie, the historian, then in + the employment of Cave, and presented to the public, monthly, in the + Gentleman's Magazine. They first appeared in July, 1736 [Footnote: Gent. + Mag. vol. vi.], and were perused with the greatest eagerness. But it was + soon intimated to Cave, that the speaker was offended with this freedom, + which he regarded in the light of a breach of privilege, and would + subject Cave, unless he desisted, to parliamentary censure, or perhaps + punishment. To escape this, and likewise to avoid an abridgment of his + magazine, Cave had recourse to the following artifice. He opened his + magazine for June, 1738, with an article entitled, "Debates in the + senate of Magna Lilliputia;" in which he artfully deplores the + prohibition that forbids him to present his readers with the + consultations of their own representatives, and expresses a hope that + they will accept, as a substitute, those of that country which Gulliver + had so lately rendered illustrious, and which untimely death had + prevented that enterprising traveller from publishing himself. Under + this fiction he continued to publish the debates of the British + parliament, hiding the names of persons and places by the transposition + of letters, in the way of anagram. These he contrived to explain to his + readers, by annexing to his volume for 1738, feigned proposals for + printing a work, to be called Anagrammata Rediviva. This list, and + others from different years, we give in the present edition, though we + have rejected the barbarous jargon from the speeches themselves. A + contemporary publication, the LONDON MAGAZINE, feigned to give the + debates of the Roman senate, and adapted Roman titles to the several + speakers. This expedient, as well as Cave's contrivance, sufficed to + protect its ingenious authors from parliamentary resentment; as the + resolution of the commons was never enforced. +</p> +<p> + The debates contained in the following volumes, commence with the 19th + November, 1740, and terminate with the 23d February, 1742-3. The + animated attempts that were made to remove sir Robert Walpole from + administration, seemed, in Cave's opinion, to call for an abler reporter + than Guthrie. Johnson was selected for the task; and his execution of it + may well justify the admiration which we have so often avowed for those + wonderful powers of mind, which, apparently, bade defiance to all + impediments of external fortune. +</p> +<p> + He was only thirty-two years of age, little acquainted with the world; + had never, perhaps, been in either house, and certainly had never + conversed with the men whose style and sentiments he took upon himself + to imitate. But so well and skilfully did he assume, not merely the + sedate and stately dignity of the lords, and the undaunted freedom of + the commons, but also the tone of the respective parties, that the + public imagined they recognised the individual manner of the different + speakers. Voltaire, and other foreigners of distinction, compared + British with Greek and Roman eloquence; and ludicrous instances are + detailed by Johnson's biographers, of praises awarded to Pulteney or to + Pitt, in the presence of the unsuspected author of the orations which + had excited such regard [Footnote: See Boswell, and sir John Hawkins.]! + For Johnson confessed, that he composed many of the speeches entirely + from his own imagination, and all of them from very scanty materials. +</p> +<p> + This confession he undoubtedly made from his love of truth, and not for + the gratification of vanity. When he heard that Smollett was preparing + his History of England, he warned him against relying on the debates as + authentic; and, on his death-bed, he professed that the recollection of + having been engaged in an imposture was painful to him. That this was a + refined scrupulosity the most rigid moralist must allow; but, + nevertheless, it is matter for congratulation, that the liberality of + parliament no longer subjects its reporters to the subterfuges which we + have thus briefly attempted to describe. And a comparison of this age + and its privileges with the restrictions of former times, may not be + without its use, if, by reminding us that we were not always free, it + teaches us political contentment, suggests to us the policy of + moderation, and enables us to love liberty, and yet be wise. +</p> +<center> + OXFORD, NOVEMBER, 1825. +</center> +<p> + <i>The List of fictitious Terms used by Cave to disguise the real Names + that occur in his Debates.</i> +</p> +<center> +<table summary=""> +<tr><td> +<pre> + Abingdon, Ld. ... Adonbing or Plefdrahn + Ambrose, Captain ... Ambreso + Archer ... Arech + Argyle, Duke of ... Agryl + Arthur ... Aruth + Anne ... Nuna + Aston ... Anots + Aylesford, Lord ... Alysfrop + Baltimore, Lord ... Blatirome + Barnard, Sir John ... Branard + Barrington ... Birrongtan + Bath, Earl of ... Baht + Bathurst, Lord ... Brustath + Bedford, Duke of ... Befdort + Berkeley, Lord ... Berelky + Bishop ... Flamen + Bladen, Mr. ... Bledna + Bootle, Mr. ... Butul + Bowles, Mr. ... Bewlos + Bristol, Lord ... Broslit + Bromley, Mr. ... Bormlye + Brown, Mr. ... Brewon or Buron + Burleigh ... Bruleigh + Burrell, Mr. ... Berrull + Campbell ... Campobell + Carew, Mr. ... Cawar + Carlisle, Earl of ... Carsilel + Carteret, Lord ... Quadrert + Castres, Mons ... Cahstrehs + Cavendish ... Candevish + Charles ... Chorlo + Chesterfield, Earl of ... Castroflet + Cholmondeley, Earl of ... Sholmlug + Churchill ... Chillchurch + Clutterbuck, Mr. ... Cluckerbutt + Cocks ... Cosck + Coke, Mr. ... Quoke + Cooke ... Coeko + Cooper, Mr. ... Quepur + Corbet, Mr. ... Croteb + Cornwall, Mr. ... Carnwoll + Cromwell ... Clewmro + Danes ... Danians + Danvers ... Dranevs + Delawarr, Lord ... Devarlar + Devonshire, Duke of ... Dovenshire + Digby ... Dibgy + Drake, Mr. ... Dekra + Earle, Mr. ... Eral + Edmund ... Emdond + Edward ... Eddraw + Elizabeth ... Ezila + Erskine, Mr. ... Eserkin + Eugene, Prince ... Eunege + Falconberg, Lord ... Flacnobrug + Falkland ... Flakland + Fanshaw, Mr. ... Fashnaw + Fazakerly ... Fakazerly + Fenwick, Mr. ... Finweck + Ferrol ... Ferlor + Fox, Mr. ... Feaux + Francis ... Farncis or Friscan + Gage, Lord ... Gega + George ... Gorgenti + Gibbon, Mr. ... Gibnob + Gloucester, Duke of ... Glustre + Godolphin, Lord ... Golphindo + Gore ... Gero + Gower, Lord ... Gewor + Grenville, Mr. ... Grevillen + Gybbon, Mr. ... Gybnob + Halifax, Lord ... Haxilaf + Haddock, Admiral ... Hockadd + Handasyd, Mr. ... Hasandyd + Harding, Mr. ... Hadringe + Hardwick, Lord ... Hickrad + Harrington ... Hargrinton + Hay, Mr. ... Heagh + Heathcote ... Whethtoc + Henry ... Hynrec + Herbert ... Hertreb + Hervey, Lord ... Heryef + Hessian ... Hyessean + Hind Cotton ... Whind Cotnot + Hindford ... Honfryd + Hinton ... Hwenton + Hobart ... Hobrat + Holdernesse, Lord ... Hodrelness + Hooper ... Horeop + Hosier, Admiral ... Hozeri + Howe ... Hewo + Islay, Lord ... Yasli + Isham ... Ishma + Ilchester ... Itchletser + James ... Jacomo + Jekyl ... Jelyco + Jenkins ... Jenkino + John ... Juan + Joseph ... Josippo + Keene, Mr. ... Knee + Ledbury, Mr. ... Lebdury + Lindsay ... Lisnayd + Litchneld ... Liftchield + Lockwood ... Lodowock + Lombe ... Lebom + Lonsdale, Lord ... Lodsneal + Lovel ... Levol + Lymerick, Lord ... Lyromick + Lyttleton ... Lettyltno + Marlborough, Duke of ... Maurolburgh + Malton, Lord ... Matlon + Manley ... Manly + Mary ... Marya + Montrose, Duke of ... Morontosse + Mordaunt ... Madrount + Morton ... Motron + Newcastle, Duke of ... Nardac secretary + Noel ... Neol + Norris, Admiral ... Nisror + Nugent ... Netgun + Ogle, Admiral ... Oleg + Onslow ... Olswon + Orange ... Organe + Ord, Mr. ... Whord + Orford, Earl of ... Orfrod + Orleans ... Olreans + Ormond, Duke of ... Omrond + Oxford, Earl of ... Odfrox + Oxenden ... Odnexen + Paxton ... Pantox + Pelham, Mr. ... Plemahm + Perry ... Peerur + Peterborough ... Petraborauch + Pitt, Mr. ... Ptit + Plumer, Mr. ... Plurom + Polwarth ... Polgarth + Portland, Duke of ... Poldrand + Powlett ... Powltet or Pletow + Pretender ... Rednetrep + Puffendorf ... Pudenfforf + Pulteney ... Pulnub + Quarendon ... Quenardon + Rainsford ... Rainsfrod + Ramelies ... Ramles + Raymond ... Ramonyd + Robert ... Retrob + Rochester ... Roffen + Saint Aubyn ... St. Aybun + Salisbury ... Sumra + Samuel ... Salvem + Sandwich, Earl of ... Swandich + Sandys, Mr. ... Snadsy + Scarborough, Lord ... Sarkbrugh + Scroop, Mr. ... Screop + Sidney, Lord ... Sedyin + Selwin, Mr. ... Slenwy + Shaftsbury, Lord ... Shyftasbrug + Shippen, Mr. ... Skeiphen + Sloper ... Slerop + Somers ... Sosrem + Somerset ... Sosermet + Southwell ... Suthewoll + Strafford ... Stordraff + Stair ... Stari + Stanislaus ... Stasinlaus + Sundon ... Snodun + Talbot ... Toblat + Thomas ... Tsahom + Thomson, Mr. ... Thosmon + Tracey ... Tryace + Trenchard ... Trachnerd + Trevor, Mr. ... Tervor + Turner ... Truron + Tweedale, Marquis of ... Tewelade + Tyrconnel, Lord ... Trinocleng + Vernon, Admiral ... Venron + Vyner, Mr. ... Vynre or Venry + Wade ... Weda + Wager, Admiral ... Werga + Wakefield ... Wafekeild + Waller, Mr. ... Welral + Walpole, Sir Robert ... Walelop + Walpole, Mr. ... Walelop + Walter, Mr. ... Gusbret + Watkins, Mr. ... Waknits + Wendover ... Wednevro + Westmoreland ... Westromland + William ... Wimgul + Willimot, Mr. ... Guillitom + Winchelsea, Lord ... Wichensale + Winnington, Mr. ... Wintinnong + Wortley, Mr. ... Wolresyt or Werotyl + Wyndham ... Gumdahm + Wynn ... Ooyn + Yonge ... Yegon +</pre> +</td></tr> +</table> +</center> +<p> + <i>The List of fictitious Characters used by Cave to disguise the Places + that occur in his Debates.</i> +</p> +<center> +<table summary=""> +<tr><td> +<pre> + Almanza ... Almanaz + America ... Columbia + Amsterdam ... Amstredam + Aschaffenburg ... Aschafnefburg + Austria ... Aurista + Barbadoes ... Bardosba + Barcelona ... Bracolena + Brittany ... Brateney + Bavaria ... Baravia + Blenheim ... Blehneim or Blenhem + Bourbon ... Buorbon + Brandenburg ... Brangburden + Bristol ... Broslit + Britain ... Lilliput + Cadiz ... Cazid + Cambridge ... Guntar + Campechy ... Capemchy + Carolina ... Carolana + Carthagena ... Carthanega + Cologne ... Colgone + Commons ... Clinabs + Connecticut ... Contecticnu + Cressy ... Cerlsy + Cuba ... Cabu + Denmark ... Dancram + Dettingen ... Detteneg + Dunkirk ... Donkirk + Dutch ... Belgians + Edinburgh ... Edina + Europe ... Degulia + Flanders ... Flandria + France ... Blefuscu + Georgia ... Gorgentia + Germany ... Allemanu + Gibraltar ... Grablitra + Guastalla ... Gua Stalla + Guernsey ... Guensrey + Hanover ... Hanevro + Haversham ... Havremarsh + Hesse Cassel ... Hyesse Clessa + Hispaniola ... Iberionola + Holland ... Belgia + Hungary ... Hungruland + India ... Idnia + Ireland ... Ierne + Italy ... Itlascu + Jamaica ... Zamengol + Jucatan ... Jutacan + Leghorn ... Lehgron + London ... Mildendo + Madrid ... Mardit + Malplaquet ... Malpalquet + Mardyke ... Mardryke + Martinico ... Marnitico + Mediterranean ... Middle Sea + Minorca ... Minocra + Munster ... Munstru + Muscovy ... Mausqueeta + New York ... Noveborac + Orkney ... Orkyen + Orleans ... Olreans + Ostend ... Odsten + Parma ... Par Ma + Pennsylvania ... Pennvasilia + Poland ... Poldrand + Portugal ... Lusitania + Port Mahon ... Port Mohan + Prussia ... Parushy + Prague ... Praga + Sardinia ... Sadrinia + Schellembourg ... Schemelbourg + Seville ... Sebfule + Sicily ... Cilisy + South Sea ... Pacific Ocean + Spain ... Iberia + Straits ... Narrow Seas + Sweden ... Swecte + Turkey ... Korambec + Utrecht ... Ultralt + Vienna ... Vinena + Virginia ... Vegrinia + Westminster ... Belfaborac + Wolfenbuttle ... Wobentuffle +</pre> +</td></tr> +</table> +</center> +<p> + <i>The List of fictitious Characters used by Cave to disguise the Names of + Things that occur in his Debates.</i> +</p> +<center> +<table summary=""> +<tr><td> +<pre> + Admiral ... Galbet + Baronet ... Hurgolen + Commons ... Clinabs + Duke ... Nardac + Earl ... Cosern + Esquire ... Urg + Gentleman ... Urgolen + High Heels or Tory ... Tramecsan + Knight ... Hurgolet + Legal ... Snilpal + Lord ... Hurgo + Penny ... a Grull + Popery ... Missalsm + Prophet ... Lustrug + Sprug ... a Pound + Squire ... Urg + Viscount ... Comvic + Years ... Moons +</pre> +</td></tr> +</table> +</center> +<a name="2HREF2"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + REFERENCES TO THE SPEAKERS +</h2> +<center> +<table summary=""> +<tr><td> +<pre> + Abingdon, Lord, + Archer, Mr. Hy. + Argyle, Duke of, + Attorney General, + Bathurst, Mr. + Baltimore, Lord, + Barnard, Sir John, + Barrington, Mr. + Bedford, Duke of, + Bladen, Mr. + Bowles, Mr. + Brown, Mr. + Burrel, Mr. + Campbell, Mr. + Carew, Mr. + Carlisle, Lord, + Carteret, Lord, + Cholmondeley, Lord, + Clutterbuck, Mr. + Cocks, Mr. + Cornwall, Capt. + Cornwall, Mr. + Cotton, Sir Hind, + Devonshire, Duke of, + Digby, Mr. + Earle, Mr. + Fazakerly, Mr. + Fox, Mr. + Gage, Lord, + Gore, Mr. + Gore, Mr. + Gower, Lord, + Gybbon, Mr. + Halifax, Lord, + Hardwick, Lord, + Harrington, Lord, + Hay, Mr. + Hervey, Lord, + Howe, Mr. + Littleton, Mr. + Lockwood, Mr. + Lord Chancellor, + Lovel, Lord, + Marlborough, Duke of, + Mordaunt, Col. + Newcastle, Duke of, + Norris, Admiral, + Onslow, Mr. + Ord, Mr. + Pelham, Mr. + Pitt, Mr. + Pulteney, Mr. + Quarendon, Lord, + Salisbury, Bishop of, + Sandys, Mr. + Shippen, Mr. + Sloper, Mr. + Southwell, Mr. + Talbot, Lord, + Thompson, Lord, + Tracey, Mr. + Tyrconnel, + Vyner, Mr. + Wade, General, + Wager, Sir Charles, + Waller, Mr. + Walpole, Sir Robert, + Walpole, Mr. + Westmoreland, Lord, + Willimot, Mr. + Winnington, Mr. + Yonge, Sir Wm. +</pre> +</td></tr> +</table> +</center> +<a name="2H_4_3"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h1> + DEBATES IN PARLIAMENT. +</h1> +<a name="2H_4_4"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF COMMONS, NOVEMBER 19, 1740. +</h2> +<center> + PROCEEDINGS AND DEBATE, WITH REGARD TO THE BILL <br>FOR PROHIBITING THE + EXPORTATION OF CORN, ETC. +</center> +<p> + On the first day of the session, his majesty, in his speech from the + throne, recommended to parliament to consider of some good law to + prevent the growing mischief of the exportation of corn to foreign + countries. +</p> +<p> + On the fourth day, a bill for preventing, for a limited time, the + exportation, etc, was read a first time in the house of commons, and the + question put, whether it should be printed, which passed in the + negative. +</p> +<p> + This day the agent for the colonies of Pennsylvania and New Jersey, + presented a petition against the said corn bill, which was referred to + the committee. +</p> +<p> + Another petition was also presented by the agent for the colony of + Connecticut, in New England, setting forth that the chief trade of that + colony arose from supplying other British colonies with corn, so that + unless that colony be excepted from the restraints intended by this + bill, both that and those which are supplied by it will be reduced to + great distress, and praying, therefore, that such exception may be + allowed. +</p> +<p> + The allegations in this petition were confirmed by another, from one of + the provinces supplied by the colony of Connecticut. +</p> +<p> + Another petition was presented by the agent for South Carolina, setting + forth, that unless the rice produced in that province were allowed to be + exported, the colony must be ruined by the irretrievable loss of their + whole trade, as the countries now supplied from thence might easily + procure rice from the French settlements, already too much their rivals + in trade. +</p> +<p> + This petition was supported by another, offered at the same time by the + merchants of Bristol. +</p> +<p> + A petition was likewise presented by the agent for the sugar islands, in + which it was alleged, that if no provisions be imported thither from + Britain, they must, in one month, suffer the extremities of famine. +</p> +<p> + All these petitions were referred to the committee for the bill. +</p> +<p> + A printed paper was also delivered to the members, entitled, + 'considerations on the embargo,' which enumerated many dangerous + consequences likely to be produced by an embargo on provisions, and + suggested that it was no better than a wicked scheme for private profit, + with other reflections, for which the paper was deemed a libel, and the + author committed to prison. +</p> +<p> + The bill being read in the committee, produced the following memorable + debate. +</p> +<p> + Mr. PULTNEY spoke to this effect:—Sir, after all the attention which + has been bestowed upon the bill now before us, I cannot yet conceive it + such as can benefit the nation, or such as will not produce far greater + inconveniencies than those which it is intended to obviate, and + therefore, as those inconveniencies may be prevented by other means, I + cannot but declare that I am far from approving it. +</p> +<p> + Our ancestors, sir, have always thought it the great business of this + house to watch against the encroachments of the prerogative, and to + prevent an increase of the power of the minister; and the commons have + always been considered as more faithful to their trust, and more + properly the representatives of the people, in proportion as they have + considered this great end with more attention, and prosecuted it with + more invariable resolution. If we inquire into the different degrees of + reputation, which the several assemblies of commons have obtained, and + consider why some are remembered with reverence and gratitude, and + others never mentioned but with detestation and contempt, we shall + always find that their conduct, with regard to this single point, has + produced their renown or their infamy. Those are always, by the general + suffrage of mankind, applauded as the patterns of their country, who + have struggled with the influence of the crown, and those condemned as + traitors, who have either promoted it by unreasonable grants, or seen it + increase by slow degrees, without resistance. +</p> +<p> + It has not, indeed, sir, been always the practice of ministers to make + open demands of larger powers, and avow, without disguise, their designs + of extending their authority; such proposals would, in former times, + have produced no consequences but that of awakening the vigilance of the + senate, of raising suspicions against all their proceedings, and of + embarrassing the crown with petitions, addresses, and impeachments. +</p> +<p> + They were under a necessity, in those times, of promoting their schemes; + those schemes which scarcely any ministry has forborne to adopt, by more + secret and artful and silent methods, by methods of diverting the + attention of the publick to other objects, and of making invisible + approaches to the point in view, while they seemed to direct all their + endeavours to different purposes. +</p> +<p> + But such, sir, have been the proofs of implicit confidence, which the + administration has received from this assembly, that it is now common to + demand unlimited powers, and to expect confidence without restriction, + to require an immediate possession of our estates by a vote of credit, + or the sole direction of our trade by an act for prohibiting, during + their pleasure, the exportation of the produce of our lands. +</p> +<p> + Upon what instances of uncommon merit, of regard to the publick + prosperity, unknown in former times, or of discernment superior to that + of their most celebrated predecessors, the present ministers found their + new claims to submission and to trust, I am, indeed, at a loss to + discover; for, however mankind may have determined concerning the + integrity of those by whom the late memorable convention was transacted, + defended, and confirmed, I know not that their wisdom has yet appeared + by any incontestable or manifest evidence, which may set their abilities + above question, and fix their reputation for policy out of the reach of + censure and inquiries. +</p> +<p> + The only act, sir, by which it can be discovered that they have any + degree of penetration proportionate to their employments, is the embargo + lately laid upon provisions in Ireland, by which our enemies have been + timely hindered from furnishing themselves, from our dominions, with + necessaries for their armies and their navies, and our fellow-subjects + have been restrained from exposing themselves to the miseries of famine, + by yielding to the temptation of present profit; a temptation generally + so powerful as to prevail over any distant interest. +</p> +<p> + But as nothing is more contrary to my natural disposition, or more + unworthy of a member of this house, than flattery, I cannot affirm that + I ascribe this useful expedient wholly to the sagacity or the caution of + the ministry, nor can I attribute all the happy effects produced by it + to their benign solicitude for the publick welfare. +</p> +<p> + I am inclined to believe that this step was advised by those who were + prompted to consider its importance by motives more prevalent than that + of publick spirit, and that the desire of profit which has so often + dictated pernicious measures, has, for once, produced, in return, an + expedient just and beneficial; and it has, for once, luckily fallen out, + that some of the friends of the administration have discovered that the + publick interest was combined with their own. +</p> +<p> + It is highly probable, sir, that the contractors for supplying the navy + with provisions, considering, with that acuteness which a quick sense of + loss and gain always produces, how much the price of victuals would be + raised by exportation, and, by consequence, how much of the advantage of + their contracts would be diminished, suggested to the ministry the + necessity of an embargo, and laid before them those arguments which + their own observation and wisdom would never have discovered. +</p> +<p> + Thus, sir, the ministers, in that instance of their conduct, on which + their political reputation must be founded, can claim, perhaps, no + higher merit, than that of attending to superiour knowledge, of + complying with good advice when it was offered, and of not resisting + demonstration when it was laid before them. +</p> +<p> + But as I would never ascribe to one man the merit of another, I should + be equally unwilling to detract from due commendations, and shall + therefore freely admit, that not to reject good counsel, is a degree of + wisdom, at which I could not expect that they by whom the convention was + concluded would ever have arrived. +</p> +<p> + But whatever proficiency they may have made in the art of government + since that celebrated period, however they may have increased their + maxims of domestick policy, or improved their knowledge of foreign + affairs, I cannot but confess myself still inclined to some degree of + suspicion, nor can prevail upon myself to shut my eyes, and deliver up + the publick and myself implicitly to their direction. +</p> +<p> + Their sagacity, sir, may, perhaps, of late, have received some + improvements from longer experience, and with regard to their integrity, + I believe, at least, that it is not much diminished; and yet I cannot + forbear asserting the right of judging for myself, and of determining + according to the evidence that shall be brought before me. +</p> +<p> + I have, hitherto, entertained an opinion that for this purpose only we + are deputed by our constituents, who, if they had reposed no confidence + in our care or abilities, would have given up, long since, the vexatious + right of contesting for the choice of representatives. They would have + furnished the ministry with general powers to act for them, and sat at + ease with no other regard to publick measures, than might incite them to + animate, with their applauses, the laudable endeavours of their + profound, their diligent, and their magnanimous governours. +</p> +<p> + As I do not, therefore, check any suspicions in my own mind, I shall not + easily be restrained from uttering them, because I know not how I shall + benefit my country, or assist her counsels by silent meditations. I + cannot, sir, but observe that the powers conferred by this bill upon the + administration are larger than the nation can safely repose in any body + of men, and with which no man who considers to what purposes they may be + employed will think it convenient to invest the negotiators of the + convention. +</p> +<p> + Nor do my objections to this act, arise wholly from my apprehensions of + their conduct, who are intrusted with the execution of it, but from my + reflections on the nature of trade, and the conduct of those nations who + are most celebrated for commercial wisdom. +</p> +<p> + It is well known, sir, how difficult it is to turn trade back into its + ancient channel, when it has by any means been diverted from it, and how + often a profitable traffick has been lost for ever, by a short + interruption, or temporary prohibition. The resentment of disappointed + expectations inclines the buyer to seek another market, and the civility + to which his new correspondents are incited by their own interest, + detains him, till those by whom he was formerly supplied, having no + longer any vent for their products or their wares, employ their labours + on other manufactures, or cultivate their lands for other purposes. +</p> +<p> + Thus, sir, if those nations who have hitherto been supplied with corn + from Britain, should find a method of purchasing it from Denmark, or any + other of the northern regions, we may hereafter see our grain rotting in + our storehouses, and be burdened with provisions which we can neither + consume ourselves, nor sell to our neighbours. +</p> +<p> + The Hollanders, whose knowledge of the importance or skill in the arts + of commerce will not be questioned, are so careful to preserve the + inlets of gain from obstruction, that they make no scruple of supplying + their enemies with their commodities, and have been known to sell at + night those bullets which were next day to be discharged against them. +</p> +<p> + Whether their example, sir, deserves our imitation I am not able to + determine, but it ought at least to be considered, whether their conduct + was rational or not, and whether they did not, by a present evil, ensure + an advantage which overbalanced it. +</p> +<p> + There are, doubtless, sir, sometimes such exigencies as require to be + complied with at the hazard of future profit, but I am not certain that + the scarcity which is feared or felt at present, is to be numbered + amongst them; but, however formidable it may be thought, there is surely + no need of a new law to provide against it: for it is one of those + extraordinary incidents, on which the king has the right of exerting + extraordinary powers. On occasions like this the prerogative has + heretofore operated very effectually, and I know not that the law has + ever restrained it. +</p> +<p> + It is, therefore, sir, in my opinion, most prudent to determine nothing + in so dubious a question, and rather to act as the immediate occasion + shall require, than prosecute any certain method of proceeding, or + establish any precedent by an act of the senate. +</p> +<p> + To restrain that commerce by which the necessaries of life are + distributed is a very bold experiment, and such as once produced an + insurrection in the empire of the Turks, that terminated in the + deposition of one of their monarchs. +</p> +<p> + I therefore willingly confess, sir, that I know not how to conclude: I + am unwilling to deprive the nation of bread, or to supply our enemies + with strength to be exerted against ourselves; but I am, on the other + hand, afraid to restrain commerce, and to trust the authors of the + convention. +</p> +<p> + Mr. PELHAM spoke next, to the following purport:—Sir, I am always in + expectation of improvement and instruction when that gentleman engages + in any discussion of national questions, on which he is equally + qualified to judge by his great abilities and long experience, by that + popularity which enables him to sound the sentiments of men of different + interests, and that intelligence which extends his views to distant + parts of the world; but, on this occasion, I have found my expectations + frustrated, for he has inquired without making any discovery, and + harangued without illustrating the question before us. +</p> +<p> + He has satisfied himself, sir, with declaring his suspicions, without + condescending to tell us what designs or what dangers he apprehends. To + fear, without being able to show the object of our terrours, is the + last, the most despicable degree of cowardice; and to suspect, without + knowing the foundation of our own suspicions, is surely a proof of a + state of mind, which would not be applauded on common occasions, and + such as no man but a patriot would venture to confess. +</p> +<p> + He has, indeed, sir, uttered some very ingenious conceits upon the late + convention, has alluded to it with great luxuriancy of fancy, and + elegance of diction, and must, at least, confess that whatever may be + its effects upon the interest of the nation, it has to him been very + beneficial, as it has supplied him with a subject of raillery when other + topics began to fail him, and given opportunity for the exercise of that + wit which began to languish, for want of employment. +</p> +<p> + What connexion his wonderful sagacity has discovered between the + convention and the corn bill, I cannot yet fully comprehend, but have + too high an opinion of his abilities to imagine that so many + insinuations are wholly without any reason to support them. I doubt not, + therefore, sir, but that when some fitter opportunity shall present + itself he will clear their resemblance, and branch out the parallel + between them into a thousand particulars. +</p> +<p> + In the mean time, sir, it may be proper for the house to expedite the + bill, against which no argument has yet been produced, and which is of + too much importance to be delayed by raillery or invectives. +</p> +<p> + Mr. SANDYS spoke next, in substance as follows:—Sir, the bill before + us, as it is of too great importance to be negligently delayed, is + likewise too dangerous to be precipitately hurried into a law. +</p> +<p> + It has been always the practice of this house to consider money bills + with particular attention, because money is power in almost the highest + degree, and ought not, therefore, to be given but upon strong assurances + that it will be employed for the purposes for which it is demanded, and + that those purposes are in themselves just. +</p> +<p> + But if we consider, sir, the bill now before us, it will appear yet more + than a money bill, it will be found a bill for regulating the disposal + of that, which it is the great use of money to procure, and is, + therefore, not to be passed into a law without a close attention to + every circumstance that may be combined with it, and an accurate + examination of all the consequences that may be produced by it. +</p> +<p> + Some of these circumstances or consequences, it is the duty of every + member to lay before the house, and I shall, therefore, propose that the + inducements to the discovery of any provisions illegally exported, and + the manner of levying the forfeiture, may be particularly discussed; for + by a defect in this part, the regulation lately established by the + regency, however seasonable, produced tumults and distractions, which + every good government ought studiously to obviate. +</p> +<p> + By their proclamation, sir, half the corn that should be found designed + for exportation was to be given to those who should discover and seize + it. The populace, alarmed at once with the danger of a famine, and + animated by a proclamation that put into their own hands the means of + preventing it, and the punishment of those from whose avarice they + apprehended it, rose in throngs to execute so grateful a law. Every + man, sir, whose distress had exasperated him, was incited to gratify his + resentment; every man, whose idleness prompted him to maintain his + family by methods more easy than that of daily labour, was delighted + with the prospect of growing rich on a sudden by a lucky seizure. All + the seditious and the profligate combined together in the welcome + employment of violence and rapine, and when they had once raised their + expectations, there was no small danger lest their impatience of + disappointment should determine them to conclude, that corn, wherever + found, was designed for exportation, and to seize it as a lawful prize. +</p> +<p> + Thus, sir, by an imprudent regulation, was every man's property brought + into hazard, and his person exposed to the insults of a hungry, a + rapacious, and ungovernable rabble, let loose by a publick proclamation, + and encouraged to search houses and carriages by an imaginary law. +</p> +<p> + That we may not give occasion to violence and injustice of the same + kind, let us carefully consider the measures which are proposed, before + we determine upon their propriety, and pass no bill on this important + occasion without such deliberation as may leave us nothing to change or + to repent. +</p> +<p> + Mr. EARLE spoke next to this effect:—Sir, notwithstanding the dangers + which have been represented as likely to arise from any errour in the + prosecution of this great affair, I cannot but declare my opinion, that + no delay ought to be admitted, and that not even the specious pretence + of more exact inquiries, and minute considerations, ought to retard our + proceedings for a day. +</p> +<p> + My imagination, sir, is, perhaps, not so fruitful as that of some other + members of this house, and, therefore, they may discover many + inconveniencies which I am not able to conceive. But, as every man ought + to act from his own conviction, it is my duty to urge the necessity of + passing this bill, till it can be proved to me, that it will produce + calamities equally to be dreaded with the consequences of protracting + our debates upon it, equal to the miseries of a famine, or the danger of + enabling our enemies to store their magazines, to equip their fleets, + and victual their garrisons. +</p> +<p> + If it could be imagined, that there was in this assembly a subject of + France or Spain, zealous for the service of his prince, and the + prosperity of his country, I should expect that he would summon all his + faculties to retard the progress of this bill, that he would employ all + his sophistry to show its inconveniency and imperfections, and exhaust + his invention to suggest the dangers of haste; and certainly he could do + nothing that would more effectually promote the interest of his + countrymen, or tend more to enfeeble and depress the power of the + British nation. +</p> +<p> + If this would naturally be the conduct of an enemy, it is unnecessary to + prove that we can only be safe by acting in opposition to it, and I + think it superfluous to vindicate my ardour for promoting this bill, + when it is evident that its delay would be pleasing to the Spaniards. +</p> +<p> + Mr. BURREL then spoke as follows:—Sir, if this law be necessary at any + time, it cannot now be delayed, for a few days spent in deliberation, + may make it ineffectual, and that evil may be past of which we sit here + contriving the prevention. +</p> +<p> + That many contracts, sir, for the exportation of provisions are already + made in all the maritime parts of the empire, is generally known; and it + requires no great sagacity to discover that those by whom they are made, + and made with a view of immense profit, are desirous that they may be + executed; and that they will soon complete the execution of them, when + they are alarmed with the apprehension of a bill, which, in a few days, + may take from them the power of exporting what they have already + collected, and snatch their gain from them when it is almost in their + hands. +</p> +<p> + A bill for these purposes, sir, ought to fall upon the contractors like + a sudden blow, of which they have no warning or dread; against which + they, therefore, cannot provide any security, and which they can neither + elude nor resist. +</p> +<p> + If we allow them a short time, our expedients will be of little benefit + to the nation, which is every day impoverished by the exportation of the + necessaries of life, in such quantities, that in a few weeks the law, if + it be passed, may be without penalties, for there will be no possibility + of disobeying it. +</p> +<p> + Sir John BARNARD spoke next, to the following purpose:—Sir, I cannot + discover the necessity of pressing the bill with such precipitation, as + must necessarily exclude many useful considerations, and may produce + errours extremely dangerous; for I am not able to conceive what + inconveniencies can arise from a short delay. +</p> +<p> + The exportation of provisions from Ireland is at present stopped by the + proclamation; and the beef which was designed for other nations, has + been prudently bought up by the contractors, by which those murmurs have + been in a great measure obviated which naturally arise from + disappointments and losses. +</p> +<p> + There is, therefore, sir, no danger of exportations from that part of + our dominions, which is the chief market for provisions, and from whence + our enemies have been generally supplied: in Britain there is less + danger of any such pernicious traffick, both because the scarcity here + has raised all provisions to a high price, and because merchants do not + immediately come to a new market. +</p> +<p> + The bill, at least, ought not to be passed without regard to the general + welfare of our fellow-subjects, nor without an attentive consideration + of those petitions which have been presented to us; petitions not + produced by panic apprehensions of imaginary dangers, or distant + prospects of inconveniencies barely possible, but by the certain + foresight of immediate calamities, the total destruction of trade, and + the sudden desolation of flourishing provinces. +</p> +<p> + By prohibiting the exportation of rice, we shall, sir, in one year, + reduce the colony of South Carolina below the possibility of subsisting; + the chief product of that country, the product which induced us + originally to plant it, and with which all its trade is carried on, is + rice. With rice the inhabitants of that province purchase all the other + necessaries of life, and among them the manufactures of our own country. + This rice is carried by our merchants to other parts of Europe, and sold + again for large profit. +</p> +<p> + That this trade is very important appears from the number of ships which + it employs, and which, without lading, must rot in the harbours, if rice + be not excepted from the general prohibition. Without this exception, + sir, it is not easy to say what numbers, whose stations appear very + different, and whose employments have no visible relation to each other, + will be at once involved in calamity, reduced to sudden distress, and + obliged to seek new methods of supporting their families. The sailor, + the merchant, the shipwright, the manufacturer, with all the + subordinations of employment that depend upon them, all that supply them + with materials, or receive advantage from their labours, almost all the + subjects of the British crown, must suffer, at least, in some degree, by + the ruin of Carolina. +</p> +<p> + Nor ought the danger of the sugar islands, and other provinces, less to + alarm our apprehensions, excite our compassion, or employ our + consideration, since nothing is more evident than that by passing this + bill without the exceptions which their petitions propose, we shall + reduce one part of our colonies to the want of bread, and confine the + other to live on nothing else; for they subsist by the exchange of those + products to which the soil of each country is peculiarly adapted: one + province affords no corn, and the other supplies its inhabitants with + corn only. +</p> +<p> + The necessity of expediting this bill, however it has been exaggerated, + is not so urgent but that we may be allowed time sufficient to consider + for what purpose it is to be passed, and to recollect that nothing is + designed by it, but to hinder our enemies from being supplied from the + British dominions with provisions, by which they might be enabled more + powerfully to carry on the war against us. +</p> +<p> + To this design no objection has been made, but it is well known, that a + good end may be defeated by an absurd choice of means, and I am not able + to discover how we shall increase our own strength, or diminish that of + our enemies, by compelling one part of our fellow-subjects to starve the + other. +</p> +<p> + It is necessary, sir, to prohibit the exportation of corn to the ports + of our enemies, and of those nations by which our enemies will be + supplied, but surely it is of no use to exclude any part of our own + dominions from the privilege of being supplied from another. Nor can any + argument be alleged in defence of such a law, that will not prove with + equal force, that corn ought to remain in the same granaries where it is + now laid, that all the markets in this kingdom should be suspended, and + that no man should be allowed to sell bread to another. +</p> +<p> + There is, indeed, sir, a possibility that the liberty for which I + contend, may be used to wicked purposes, and that some men may be + incited by poverty or avarice to carry the enemy those provisions, which + they pretend to export to British provinces. But if we are to refuse + every power that may be employed to bad purposes, we must lay all + mankind in dungeons, and divest human nature of all its rights; for + every man that has the power of action, may sometimes act ill. +</p> +<p> + It is, however, prudent to obstruct criminal attempts even when we + cannot hope entirely to defeat them, and, therefore, I am of opinion, + that no provisions ought to be exported without some method of security, + by which the governours of every place may be assured that they will be + conveyed to our own colonies. Such securities will easily be contrived, + and may be regulated in a manner that they shall not be defeated without + such hazard, as the profit that can be expected from illegal commerce, + will not be able to compensate. +</p> +<p> + It is, therefore, sir, proper to delay the bill so long, at least, as + that we may produce by it the ends intended, and distress our enemies + more than ourselves; that we may secure plenty at home, without the + destruction of our distant colonies, and without obliging part of our + fellow-subjects to desert to the Spaniards for want of bread. +</p> +<p> + Mr. BOWLES spoke in this manner:—Sir, the necessity of excepting rice + from the general prohibition, is not only sufficiently evinced by the + agent of South Carolina, but confirmed beyond controversy or doubt, by + the petition of the merchants of Bristol, of which the justice and + reasonableness appears at the first view, to every man acquainted with + the nature of commerce. +</p> +<p> + How much the province of South Carolina will be distressed by this + prohibition, how suddenly the whole trade of that country will be at a + stand, and how immediately the want of many of the necessaries of life + will be felt over a very considerable part of the British dominions, has + already, sir, been very pathetically represented, and very clearly + explained; nor does there need any other argument to persuade us to + allow the exportation of rice. +</p> +<p> + But, from the petition of the merchants of Bristol, it appears that + there are other reasons of equal force for this indulgence, and that our + regard for the inhabitants of that particular province, however + necessary and just, is not the only motive for complying with their + request. +</p> +<p> + It is shown, sir, in this petition, that the prohibition of rice will + very little incommode our enemies, or retard their preparations; for + they are not accustomed to be supplied with it from our plantations. We + ought, therefore, not to load our fellow-subjects with embarrassments + and inconveniencies, which will not in any degree extend to our enemies. +</p> +<p> + It appears, sir, not only that a very important part of our commerce + will be obstructed, but that it will, probably, be lost beyond recovery; + for, as only a small quantity of the rice of Carolina is consumed at + home, and the rest is carried to other countries, it is easy to conceive + that those who shall be disappointed by our merchants will procure so + necessary a commodity from other places, as there are many from which it + may be easily purchased; and it is well known that trade, if it be once + diverted, is not to be recalled, and, therefore, that trade which may be + without difficulty transferred, ought never to be interrupted without + the most urgent necessity. +</p> +<p> + To prove, sir, that there is now no such necessity, by a long train of + arguments, would be superfluous, for it has been shown already, that our + enemies will not suffer by the prohibition, and the miseries that + inevitably arise from a state of war, are too numerous and oppressive, + to admit of any increase or aggravation upon trivial motives. +</p> +<p> + The province of Carolina, sir, has already suffered the inconveniencies + of this war beyond any other part of his majesty's dominions, as it is + situate upon the borders of the Spanish dominions, and as it is weak by + the paucity of the inhabitants in proportion to its extent; let us, + therefore, pay a particular regard to this petition, lest we aggravate + the terrour which the neighbourhood of a powerful enemy naturally + produces, by the severer miseries of poverty and famine. +</p> +<p> + Sir Robert WALPOLE spoke next, in substance as follows:—Sir, nothing is + more absurd than for those who declare, on all occasions, with great + solemnity, their sincere zeal for the service of the publick, to + protract the debates of this house by personal invectives, and delay the + prosecution of the business of the nation, by trivial objections, + repeated after confutation, and, perhaps, after conviction of their + invalidity. +</p> +<p> + I need not observe how much time would be spared, and how much the + despatch of affairs would be facilitated by the suppression of this + practice, a practice by which truth is levelled with falsehood, and + knowledge with ignorance; since, if scurrility and merriment are to + determine us, it is not necessary either to be honest or wise to obtain + the superiority in any debate, it will only be necessary to rail and to + laugh, which one man may generally perform with as much success as + another. +</p> +<p> + The embargo in Ireland was an expedient so necessary and timely, that + the reputation of it is thought too great to be allowed to the + administration, of whom it has been for many years the hard fate, to + hear their actions censured only because they were not the actions of + others, and to be represented as traitors to their country for doing + always what they thought best themselves, and perhaps sometimes what was + in reality approved by those who opposed them. +</p> +<p> + This, sir, they have borne without much uneasiness, and have contented + themselves with the consciousness of doing right, in expectation that + truth and integrity must at last prevail, and that the prudence of their + conduct and success of their measures would at last evince the justice + of their intentions. +</p> +<p> + They hoped, sir, that there would be some occasions on which their + enemies would not deny the expedience of their counsels, and did not + expect that after having been so long accused of engrossing exorbitant + power, of rejecting advice, and pursuing their own schemes with the most + invincible obstinacy, they should be supposed on a sudden to have laid + aside their arrogance, to have descended to adopt the opinions, and give + themselves up to the direction of others, only because no objection + could be made to this instance of their conduct. +</p> +<p> + How unhappy, sir, must be the state of that man who is only allowed to + be a free agent, when he acts wrong, and whose motions, whenever they + tend to the proper point, are supposed to be regulated by another! +</p> +<p> + Whether such capricious censurers expect that any regard should be paid + by the publick to their invectives, I am not able to determine, but I am + inclined to think so well of their understandings, as to believe that + they intend only to amuse themselves, and perplex those whom they + profess to oppose. In one part of their scheme I know not but they may + have succeeded, but in the other it is evident how generally they have + failed. It must, at least, sir, be observed of these great patrons of + the people, that if they expect to gain them by artifices like this, + they have no high opinion of their discernment, however they may + sometimes magnify it as the last appeal, and highest tribunal. +</p> +<p> + With regard, sir, to the manner in which the embargo was laid, and the + expedients made use of to enforce the observation of it, they were not + the effects of a sudden resolution, but of long and deliberate + reflection, assisted by the counsels of the most experienced and + judicious persons of both nations; so that if any mistake was committed, + it proceeded not from arrogance or carelessness, but a compliance with + reasons, that if laid before the house, would, whether just or not, be + allowed to be specious. +</p> +<p> + But, sir, it has not appeared that any improper measures have been + pursued, or that any inconveniencies have arisen from them which it was + possible to have avoided by a different conduct; for when any expedient + fails of producing the end for which it was proposed, or gives occasion + to inconveniencies which were neither expected nor designed, it is not + immediately to be condemned; for it might fail from such obstacles as + nothing could surmount, and the inconveniencies which are complained of + might be the consequences of other causes acting at the same time, or + cooperating, not by the nature of things, but by the practices of those + who prefer their own interest to that of their country. +</p> +<p> + But though it is, in my opinion, easy to defend the conduct of the + ministry, I am far from thinking this a proper time to engage in their + vindication. The important business before us, must now wholly engage + us, nor ought we to employ our attention upon the past, but the future. + Whatever has been the ignorance or knowledge, whatever the corruption or + integrity of the ministry, this bill is equally useful, equally + necessary. The question is now concerning an act of the senate, not of + the ministry, and the bill may proceed without obstructing future + examinations. +</p> +<p> + If the bill, sir, now before us be so far approved as to be conceived of + any real benefit to the nation, if it can at all contribute to the + distress or disappointment of our enemies, or the prevention of those + domestic disturbances which are naturally produced by scarcity and + misery, there is no need of arguments to evince the necessity of + despatch in passing it. For if these effects are to be produced by + preventing the exportation of provisions, and a law is necessary for + that purpose, it is certain that the law must be enacted, while our + provisions are yet in our own hands, and before time has been given for + the execution of those contracts which are already made. +</p> +<p> + That contracts, sir, are entered into for quantities that justly claim + the care of the legislative power, I have been informed by such + intelligence as I cannot suspect of deceiving me. In one small town in + the western part of this kingdom, fifty thousand barrels of corn are + sold by contract, and will be exported, if time be allowed for + collecting and for shipping them. +</p> +<p> + A few contracts like this will be sufficient to store an army with + bread, or to furnish garrisons against the danger of a siege; a few + contracts like this will produce a considerable change in the price of + provisions, and plunge innumerable families into distress, who might + struggle through the present difficulties, which unsuccessful harvests + have brought upon the nation, had we not sold the gifts of providence + for petty gain, and supported our enemies with those provisions which + were barely sufficient for our own consumption. +</p> +<p> + I have not heard many objections made against the intention of the bill, + and those which were offered, were mentioned with such diffidence and + uncertainty, as plainly showed, that even in the opinion of him that + proposed them, they were of little weight; and I believe they had no + greater effect upon those that heard them. It may, therefore, be + reasonably supposed that the propriety of a law to prevent the + exportation of victuals is admitted, and surely it can be no question, + whether it ought to be pressed forward, or to be delayed till it will be + of no effect. +</p> +<p> + Mr. FAZAKERLY spoke next, to this effect:—Sir, as the bill now under + our consideration is entangled with a multitude of circumstances too + important to be passed by without consideration, and too numerous to be + speedily examined; as its effects, whether salutary or pernicious, must + extend to many nations, and be felt in a few weeks to the remotest parts + of the dominions of Britain, I cannot but think, that they who so much + press for expedition on this occasion, consult rather their passions + than their reason, that they discover rather enthusiasm than zeal, and + that by imagining that they have already traced the effects of a law + like this to their utmost extent, they discover rather an immoderate + confidence in their own capacity than give any proofs of that anxious + caution, and deliberate prudence, which true patriotism generally + produces. +</p> +<p> + There is another method, sir, of proceeding, more proper on this + occasion, which has been already pointed out in this debate; a method of + exerting the prerogative in a manner allowed by law, and established by + immemorial precedents, and which may, therefore, be revived without + affording any room for jealousy or complaints. +</p> +<p> + An embargo imposed only by the prerogative may be relaxed or enforced as + occasion may require, or regulated according to the necessity arising + from particular circumstances; circumstances in themselves variable, and + subject to the influence of a thousand accidents, and which, therefore, + cannot be always foreseen, or provided against by a law positive and + fixed. +</p> +<p> + Let us not subject the commonwealth to a hazardous and uncertain + security, while we have in our hands the means of producing the same + end, with less danger and inconveniency; and since we may obviate the + exportation of our corn by methods more speedily efficacious than the + forms of making laws can allow, let us not oppress our fellow-subjects + by hasty or imprudent measures, but make use of temporary expedients, + while we deliberate upon the establishment of a more lasting regulation. +</p> +<p> + Mr. CAMPBELL spoke to the following purpose;—Sir, that an embargo on + merchandise or provisions may, upon sudden emergencies, or important + occasions, be imposed by the prerogative, cannot be doubted by any man + whose studies have made him acquainted with the extent of the regal + power, and the manner in which it has been exerted in all ages. The + chief use of the prerogative is to supply the defects of the laws, in + cases which do not admit of long consultations, which do not allow time + to convoke senates or inquire into the sentiments of the people. +</p> +<p> + For this reason, in times of war the imperial power is much enlarged, + and has still a greater extent as exigencies are more pressing. If the + nation is invaded by a foreign force, the authority of the crown is + almost without limits, the whole nation is considered as an army of + which the king is general, and which he then governs by martial laws, by + occasional judicature, and extemporary decrees. +</p> +<p> + Such, sir, is the power of the king on particular emergencies, and such + power the nature of human affairs must, sometimes, require; for all + forms of government are intended for common good, and calculated for the + established condition of mankind, but must be suspended when they can + only obstruct the purposes for which they were contrived, and must vary + with the circumstances to which they were adapted. To expect that the + people shall be consulted in questions on which their happiness depends, + supposes there is an opportunity of consulting them without hazarding + their lives, their freedom, or their possessions, by the forms of + deliberation. +</p> +<p> + The necessity of extending the prerogative to the extremities of power, + is, I hope, at a very great distance from us; but if the danger of the + exportation of victuals be so urgent as some gentlemen have represented + it, and so formidable as it appears to the whole nation, it is surely + requisite that the latent powers of the crown should be called forth for + our protection, that plenty be secured within the nation, by barring up + our ports, and the people hindered from betraying themselves to their + enemies, and squandering those blessings which the fertility of our soil + has bestowed upon them. +</p> +<p> + Sir Robert WALPOLE replied in the following manner:—Sir, it is so + unusual among the gentlemen who have opposed my opinion to recommend an + exertion of the regal authority, or willingly to intrust any power to + the administration, that, though they have on this occasion expressed + their sentiments without any ambiguity of language, or perplexity of + ideas, I am in doubt whether I do not mistake their meaning, and cannot, + without hesitation and uncertainty, propose the motion to which all + their arguments seem necessarily to conduct me; arguments of which I do + not deny the force, and which I shall not attempt to invalidate by + slight objections, when I am convinced, in general, of their + reasonableness and truth. +</p> +<p> + The necessity of that despatch which I have endeavoured to recommend, is + not only universally admitted, but affirmed to be so pressing, that it + cannot wait for the solemnity of debates, or the common forms of passing + laws. The danger which is every moment increasing, requires, in the + opinion of these gentlemen, to be obviated by extraordinary measures, + and that pernicious commerce, which threatens the distress of the + community, is to be restrained by an immediate act of the prerogative. +</p> +<p> + If this be the opinion of the house, it will be necessary to lay it + before his majesty, by a regular address, that the nation may be + convinced of the necessity of such extraordinary precautions, and that + the embargo may be imposed, at once, with the expedition peculiar to + despotick power, and the authority which can be conferred only by + senatorial sanctions. +</p> +<p> + Whether this is the intention of the members, from whose declarations I + have deduced it, can only be discovered by themselves, who, if they have + any other scheme in view, must explain it in clearer terms, that the + house may deliberate upon it, and reject or adopt it, according to its + conformity to the laws of our country, and to the present state of our + affairs. +</p> +<p> + Mr. PULTENEY spoke thus:—Sir, whatever may be the meaning of other + gentlemen, who must undoubtedly be left at full liberty to explain their + own expressions, I will freely declare, that I am sufficiently + understood by the right honourable gentleman, and that, in my opinion, + no remedy can be applied to the present distemper of the nation, a + distemper by which it is hourly pining away, by which its vitals are + impaired, and the necessary nourishment withdrawn from it, that will + operate with sufficient efficacy and speed, except an embargo be imposed + by the prerogative. +</p> +<p> + That this opinion, if received by the house, must be the subject of an + address, is in itself manifest, and the reason for which an embargo is + required, proves that an address ought not to be delayed. +</p> +<p> + I cannot omit this opportunity of remarking, how plainly it must now + appear that many of us have been unjustly charged with obstructing the + progress of the bill for pernicious purposes, with views of raising + discontents in the nation, of exposing the administration to publick + hatred, of obstructing the measures of the government, or hindering the + success of the war, when we have receded from our general principles, + and suspended the influence of our established maxims, for the sake of + facilitating an expedient which may promote the general advantage, by + recommending his majesty to the affections of his people. +</p> +<p> + Mr. PELHAM here replied, to this effect:—Sir, I am far from blaming any + gentleman for asserting, on all occasions, the integrity of his designs, + or displaying the reasonableness of his conduct; and of what I do not + disapprove I shall not decline the imitation. +</p> +<p> + It is not uncommon, in the heat of opposition, while each man is + convinced of his own honesty, and strongly persuaded of the truth of his + own positions, to hear each party accused by the other of designs + detrimental to the publick interest, of protracting debates by artful + delays, of struggling against their own conviction, and of obscuring + known truth by objections which discover themselves to be without force. +</p> +<p> + These accusations, which are on both sides frequent, are, I hope, on + both sides generally false; at least, it must appear on this occasion, + that those who press the bill had no views of strengthening their party + by a victory, of wearying their opponents by obstinacy, or of promoting + any private purposes by a new law; since an expedient, by which time may + be gained, and the avowed end of hastening this necessary bill secured, + is no sooner proposed on one part, than received on the other. +</p> +<p> + At the close of the debate, a form of an address was proposed by Mr. + CLUTTERBUCK; which, being approved by the house, was presented to his + majesty: and an embargo was laid on all provisions accordingly. +</p> +<p> + On the 17th day of sitting the house proceeded on the bill for + preventing exportation; and ordered an account of the corn which had + been exported for six years last past to be laid before the committee. +</p> +<p> + The house also addressed his majesty to take off the embargo on ships + laden with fish or rice, which his majesty had before ordered to be + done. +</p> +<p> + On the 21st the corn bill was again the subject of deliberation, and + some amendments were offered by Mr. SANDYS, containing not only + exceptions of rice and fish, which had been before admitted, but + likewise of butter, as a perishable commodity, which, if it were not + allowed to be exported, would corrupt and become useless in a short + time. +</p> +<p> + He proposed, likewise, that the two islands of Jersey and Guernsey might + continue to be supplied, with certain restrictions, from the port of + Southampton. +</p> +<p> + It was proposed, likewise, in favour of some other colonies, that they + might receive provisions from Britain, lest there should be a necessity + for the inhabitants of those provinces to abandon their settlements. +</p> +<p> + The penalties of this law, and the manner in which they should be + recovered and applied, were likewise settled on this day. +</p> +<center> + NOVEMBER 25, 1740. +</center> +<p> + The consideration of the corn bill was resumed; and it was particularly + debated from what time it should commence, which some of the members + were inclined to fix on the 9th day of the session, on which occasion + Mr. CAMPBELL spoke as follows: +</p> +<p> + Sir, that the laws may be observed by the nation without daily violence + and perpetual compulsion, that our determinations may be received with + reverence, and the regulations which we establish confirmed by the + concurrence of our constituents, it is necessary that we endeavour to + preserve their esteem, and convince them that the publick prosperity may + be safely trusted in our hands. +</p> +<p> + This confidence is to be gained as well in high stations, as in lower + conditions, by large assemblies, as by individuals, only by a constant + practice of justice, and frequent exertion of superiour wisdom. When any + man finds his friend oppressive and malicious, he naturally withdraws + his affections from him; when he observes him advancing absurd opinions, + and adhering to them with obstinacy incapable of conviction, he falls + unavoidably into a distrust of his understanding, and no longer pays any + deference to his advice, or considers his conduct as worthy of + imitation. +</p> +<p> + In the same manner, sir, if the legislative powers shall, in making + laws, discover that they regard any motives before the advantage of + their country, or that they pursue the publick good by measures + inadequate and ill-concerted, what can be expected from the people, but + that they should set up their own judgment in opposition to that of + their governours, make themselves the arbiters in all doubtful + questions, and obey or disregard the laws at discretion? +</p> +<p> + If this danger may arise from laws injudiciously drawn up, it may surely + be apprehended from a compliance with this proposal; a proposal that the + operation of the law should commence eleven days before the law itself + is in being. +</p> +<p> + I have, hitherto, sir, regarded it as a principle equally true in + politicks as in philosophy, that nothing <i>can act</i> when it does <i>not + exist</i>; and I did not suspect that a position so evident would ever + stand in need of a proof or illustration. +</p> +<p> + We live, indeed, in an age of paradoxes, and have heard several notions + seriously defended, of which some would, not many years ago, have + condemned their abetter to a prison or a madhouse, and would have been + heard by the wisest of our ancestors with laughter or detestation; but I + did not expect that the most hardy innovator would have shocked my + understanding with a position like this, or have asserted that a law may + operate before it is made, or before it is projected. +</p> +<p> + That where there is no law there is no transgression, is a maxim not + only established by universal consent, but in itself evident and + undeniable; and it is, sir, surely no less certain, that where there is + no transgression there can be no punishment. +</p> +<p> + If a man may be punished, sir, by a law made after the fact, how can any + man conclude himself secure from the jail or the gibbet? A man may + easily find means of being certain that he has offended no law in being, + but that will afford no great satisfaction to a mind naturally timorous; + since a law hereafter to be made, may, if this motion be supposed + reasonable, take cognizance of his actions, and how he can know whether + he has been equally scrupulous to observe the future statutes of future + senates, he will find it very difficult to determine. +</p> +<p> + Mr. PELHAM rose, and spoke thus:—Sir, notwithstanding the absurdity + which the honourable gentleman imagines himself to have discovered in + this proposal, and which he must be confessed to have placed in a very + strong light, I am of opinion, that it may, with very little + consideration, be reconciled to reason and to justice, and that the wit + and satire that have been so liberally employed, will appear to have + been lost in the air, without use and without injury. +</p> +<p> + The operation of the law may, very properly, commence from the day on + which the embargo was laid by his majesty's proclamation, which surely + was not issued to no purpose, and which ought not to be disobeyed + without punishment. +</p> +<p> + Sir John BARNARD spoke next, to this effect:—Sir, I cannot but be + somewhat surprised, that a gentleman so long conversant in national + affairs, should not yet have heard or known the difference between a + proclamation and a penal law. +</p> +<p> + By a proclamation, his majesty may prevent, in some cases, what he + cannot punish; he may hinder the exportation of our corn by ordering + ships to be stationed at the entrance of our harbours; but if any should + escape with prohibited cargoes, he can inflict no penalties upon them at + their return. +</p> +<p> + To enforce this prohibition by the sanction of punishments is the + intention of the present bill, but a proclamation can make nothing + criminal, and it is unjust and absurd to punish an action which was + legal when it was done. +</p> +<p> + The law ought, sir, in my opinion, not to commence till time is allowed + for dispersing it to the utmost limits of this island; for as it is + unreasonable to punish without law, it is not more equitable to punish + by a law, of which, they who have unhappily broken it, could have no + intelligence. +</p> +<p> + A future day was agreed to. +</p> +<a name="2H_4_5"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF COMMONS, DEC. 2, 1740. +</h2> +<center> + DEBATE RELATING TO A SEDITIOUS PAPER OF THE SAME KIND <br>WITH THE + CONSIDERATIONS ON THE EMBARGO ON PROVISIONS. +</center> +<p> + Lord THOMSON took notice of a paper which he had in his hand, and said + he received it at the door, where it was given to the members as they + came in, and, complaining of it as an indignity offered to the house, + desired that it might be read. Which being done, he rose up, and spoke + in substance as follows: +</p> +<p> + Sir, the crime of exasperating the people against their governours, of + raising discontent, and exciting murmurs in a time of general danger, + and of attempting to represent wise and salutary measures, which have + received the approbation of the whole legislature, as mean artifices, + contrived only to raise the fortunes of some favourites of the minister, + and aggrandize the officers of state, by the miseries of the people, is + a crime too enormous to require or admit any aggravation from rhetorick, + and too dangerous to hope for any excuse from candour and lenity. +</p> +<p> + To read or hear this paper is sufficient for a full conviction of its + pernicious tendency, and of the malice of its author; a charge not fixed + upon particular expressions capable of a doubtful meaning, and which + heat or inadvertency might casually have produced, but supported by the + general design of the whole paper, and the continued tenour of the + argument, which is evidently intended to show, that an act of + government, which cannot but appear necessary and seasonable in the + present state of our affairs, an act ratified by the concurrence of all + the powers of the legislature, is nothing but a scheme of avarice to + grow rich by oppression. +</p> +<p> + Nor is this scandalous libel written with more confidence and insolence + than it is dispersed. Not content, sir, with vilifying the proceedings + of the state, the author has industriously published his calumny at our + door: the time has been when defamation skulked in secret, and calumnies + against the government were dispersed by whispers or private + communication; but this writer adds insults to his injuries, and at once + reproaches and defies us. +</p> +<p> + I beg leave to move, therefore, that the house do censure this paper as + "a malicious and scandalous libel, highly and injuriously reflecting + upon a just and wise act of his majesty's government, and also upon the + proceedings of both houses of senate; and tending to create jealousies + in the minds of the people." I also move, "that the author may be + ordered to attend, to be examined at our bar." +</p> +<p> + [This was unanimously agreed to by the house. The doorkeeper was called + in, and, being shown the paper, was asked from whom he received it? who + answered, that he believed the person who delivered it to him, was then + detained in one of the committee rooms, upon which he was ordered to + look for, and fetch him to the bar.] +</p> +<p> + Mr. SANDYS, taking notice that the person was already in custody, said, + that he should be glad to know by what authority. It was not reasonable + to punish first, and judge afterwards. +</p> +<p> + Upon which sir William YONGE replied, that he had caused him to be + detained, in order to know the pleasure of the house; and that he + thought it his duty to secure so enormous an offender from escaping. +</p> +<p> + Soon after, the doorkeeper brought the man in, when he declared, upon + examination, his name and his profession, which was that of a scrivener, + and owned with great openness, that he was the author of the paper. He + was then asked who was the printer, and answered that he printed it + himself. Which he explained afterwards, by saying, that as he had + carried it to the printer's, he might be said, in the general + acceptation of the term, as applied to an author, to be the printer. He + then discovered the printer, and was asked, where was the original + manuscript, which he said he had destroyed, as he did any other useless + paper. +</p> +<p> + It having been observed by some of the members, that it was printed in + one of the daily papers, he was asked, who carried it thither? and + answered, that he carried it himself. It was then demanded, what he gave + for having it inserted, and he answered that he gave nothing. +</p> +<p> + [After many questions, Mr. Henry ARCHER desired that he might be asked, + whether on the Friday before he was in the gallery; at which some of the + members expressed their disapprobation, and the man being ordered to + withdraw, the following debate ensued upon the propriety of the + question.] +</p> +<p> + Mr. SANDYS spoke first, in substance as follows:—Sir, those who are + intrusted by their country with the authority of making laws, ought, + undoubtedly, to observe them with the utmost circumspection, lest they + should defeat their own endeavours, and invalidate, by their example, + their own decrees. +</p> +<p> + There is no part, sir, of our civil constitution more sacred, none that + has been more revered by those that have trampled upon other forms of + justice, and wantoned in oppression without restraint, than that + privilege by which every Briton is exempted from the necessity of + accusing himself, and by which he is entitled to refuse an answer to any + question which may be asked, with a view to draw from him a confession + of an offence which cannot be proved. +</p> +<p> + Whether this great privilege, sir, is not violated; whether the + unalienable right of a free subject is not infringed, by the question + put to the person at our bar, the house must decide. The punishment to + which intruders are subject by the orders of this house, proves that his + presence in the house is considered as a crime, of which, as we have no + proof of it, a confession ought not to be extorted by an artful and + insidious question, of which he may not discover the intention or the + consequence. Such treatment, sir, is rather to be expected by slaves in + the inquisition of Spain, than a Briton at the bar of this house; a + house instituted to preserve liberty, and to restrain injustice and + oppression. +</p> +<p> + Mr. CAMPBELL spoke next, to this effect:—Sir, I cannot but concur with + the opinion of the honourable gentleman, that, in requiring an answer to + this question, we shall expose a man to a punishment against whom we + have no evidence, but what is extorted from himself; and, consequently, + no knowledge of his crime upon which we can proceed to inflict censures + or penalties, without the manifest infraction of our constitution. +</p> +<p> + It cannot be imagined, sir, that he intends to confess himself guilty of + a crime of which no proof has been brought, or that he will voluntarily + subject himself to punishments. It must, therefore, follow, that he is + entrapped in his examination, by an artifice, which, I hope, will never + find any countenance in this house. +</p> +<p> + Mr. WINNINGTON answered to the following purpose:—Sir, it is not + impossible that the honourable gentlemen, having not lately looked into + the orders of the house, may mistake the tendency of the question; I, + therefore, move that the order may be read. +</p> +<p> + [The order being read by the clerk, he proceeded.] +</p> +<p> + It is evident, sir, that by the order now read, the serjeant at arms + attending on this house, may take into custody all strangers that shall + be found in the house or gallery while we are assembled; and that this + order is not always put in practice, must be attributed to the lenity of + the house. But that this order extends to past offences, and subjects + any man to imprisonment for having been present in some former day, + cannot be conceived. For how far may such a retrospect be extended? or + at what time, after having intruded into the house, can any man presume + to consider himself as exempt from the danger of imprisonment? +</p> +<p> + Our order, sir, only decrees present punishment for present offences, + and, therefore, the question asked by the honourable gentleman, may be + insisted on without scruple, and answered without hazard. Let then the + honourable gentlemen reserve their laudable zeal for our constitution + till it shall be invaded by more important occasions. +</p> +<p> + Mr. SANDYS replied:—Sir, what victory the honourable gentleman imagines + himself to have gained, or whence proceeds all his wantonness of + exultation, I am not able to discover. The question only relates to the + interpretation of one of our own orders, and is, therefore, not of the + highest importance; nor can his success, in so trivial a debate, entitle + him to great applause from others, or produce, in a person of his + abilities, any uncommon satisfaction to himself. +</p> +<p> + But, whatever may be the pleasure of the victory, it must, at least, be + gained before it can be celebrated; and it is by no means evident, that + he has yet any reason to assure himself of conquest. +</p> +<p> + His interpretation, sir, of the order, which he has so confidently laid + before the house, seems to me to have no foundation in reason or + justice; for if it be an offence against the house to be present at our + consultations, and that offence be justly punishable, why should any man + be exempt from a just censure by an accidental escape? or what makes the + difference between this crime and any other, that this alone must be + immediately punished, or immediately obliterated, and that a lucky + flight is equivalent to innocence? +</p> +<p> + It is surely, sir, more rational to believe, that the house may punish + any breach of its orders at a distant time, that if our censure is once + eluded, it may be afterwards enforced; and, therefore, that the question + put to the person at the bar ought not to be asked, because it cannot + safely be answered. +</p> +<p> + Mr. PULTENEY spoke next, in words to this effect:—Sir, I cannot but + conceive that our order may extend its influence beyond the present + moment, and that intrusions may be punished by the house on another day + than that on which they were committed. +</p> +<p> + I am so far, sir, from being of opinion, that, to make the execution of + this order valid, the house must sit, without interruption, from the + time of the offence to that of the punishment, that if the gentlemen in + the gallery were to be taken into custody, I should advise the serjeant + to wait till the house should break up, and seize them as they should + come out. +</p> +<p> + Sir William YONGE spoke next, in the manner following:—Sir, if any such + punishment were now intended, I should advise the gentlemen in the + gallery to retire, indeed, but not to hide themselves like felons, or + men proscribed by proclamation; for as the power of seizing any man in + the house is sufficient to secure us from intrusion, there is no reason + to extend it farther; and penalties are not, without reason, to be + inflicted, neither has the house ever coveted the power of oppressing; + and what else is unnecessary punishment? +</p> +<p> + If, therefore, an intruder is not seized in the act of intrusion, he + cannot legally be imprisoned for it. And any of the strangers, who now + hear this debate, may retire to a very small distance from the house, + and set the serjeant at arms at defiance. +</p> +<p> + Sir Robert WALPOLE then spoke to this effect:—Sir, whether the question + be proper or not, it seems very unnecessary to debate; because, however + it be answered, it cannot be of great importance: the man has already + confessed himself the author of the libel, and may, therefore, be + punished without farther examination. +</p> +<p> + That he is the real author, sir, I am not, indeed, convinced by his + assertion, with whatever confidence it was made; for so far as his + appearance enables me to judge of his education and sphere of life, it + is not probable that he should be much versed in political inquiries, or + that he should engage in the discussion of questions like this. +</p> +<p> + There appears, sir, in the paper before us, a more extensive knowledge + of facts, a more accurate attention to commerce, more artful reasoning, + and a more elevated style, than it is reasonable to expect from this + man, whom, without pretending to determine the limits of his capacity, + or the compass of his knowledge, I am, for my part, inclined to look + upon as an agent to some other person of higher station, and greater + accomplishments. +</p> +<p> + It is not uncommon, sir, for gentlemen to exercise their abilities, and + employ their pens, upon political questions, and when they have produced + any thing, which their complaisance for themselves equally hinders them + from owning and suppressing, they are known to procure some person of + inferiour rank, to take upon him, in publick, the character of the + author, and to stand the danger of the prosecution, contenting + themselves with the applause and admiration of their chosen friends, + whom they trust with the important secret, and with whom they sit and + laugh at the conjectures of the publick, and the ignorance of the + ministry. +</p> +<p> + This, sir, is a frequent practice, not only with those who have no other + employment, but, as I have sufficient reasons to believe, among some + gentlemen who have seats in this house; gentlemen, whose abilities and + knowledge qualify them to serve the publick in characters much superiour + to that of lampooners of the government. +</p> +<p> + Mr. PULTENEY answered in terms to the following purpose:—Sir, whether + the man who confessed himself the author of the paper, has accused + himself of what he did not commit, or has ingenuously and openly + discovered the truth, it is beyond my penetration absolutely to decide; + the frankness and unconcern with which he made the declaration, gave it, + at least, the appearance of truth, nor do I discover any reason for + doubting his sincerity. Is there any improbability in the nature of the + fact, that should incline us to suspect his veracity? Is there any + apparent advantage to be gained by assuming a false character? Neither + of those circumstances can be produced against him, and an assertion is + to be admitted for its own sake, when there is nothing to invalidate it. +</p> +<p> + But the honourable gentleman, sir, appears to have a very particular + reason for his doubts; a reason, which will, I hope, have no weight with + any but himself. By denying the paper to this man, he gives room for + conjecture and suspicion to range far and wide, and wanton with whatever + characters he shall think proper subjects for his amusement. An author + is now to be sought, and many diverting arguments may be brought by the + dullest inquirer for fixing it upon one man, or denying it to another. +</p> +<p> + The honourable gentleman, sir, has given us a bold specimen of this kind + of wit, by insinuating that it is the production of some one of the + members of this house; a conjecture of which I am not able to find the + foundation, and therefore imagine, that raillery rather than argument + was intended. But let the honourable gentleman recollect, that the chief + excellence of raillery is politeness, to which he has surely paid little + regard, in supposing that what has been unanimously condemned as a + libel, has one of those who censured it for its author. +</p> +<p> + If I am particularly hinted at in this sagacious conjecture, I take this + opportunity of declaring that I am equally ignorant of the whole affair + with any other gentleman in this house; that I never saw the paper till + it was delivered to me at the door, nor the author till he appeared at + the bar. Having thus cleared myself, sir, from this aspersion, I declare + it as my opinion, that every gentleman in the house can safely purge + himself in the same manner; for I cannot conceive that any of them can + have written a libel like this. There are, indeed, some passages which + would not disgrace the greatest abilities, and some maxims true in + themselves, though perhaps fallaciously applied, and at least such an + appearance of reasoning and knowledge, as sets the writer far above the + level of the contemptible scribblers of the ministerial vindications: a + herd of wretches whom neither information can enlighten, nor affluence + elevate; low drudges of scurrility, whose scandal is harmless for want + of wit, and whose opposition is only troublesome from the + pertinaciousness of stupidity. +</p> +<p> + Why such immense sums are distributed amongst these reptiles, it is + scarce possible not to inquire; for it cannot be imagined that those who + pay them expect any support from their abilities. If their patrons would + read their writings, their salaries would quickly be withdrawn; for a + few pages would convince them, that they can neither attack nor defend, + neither raise any man's reputation by their panegyrick, nor destroy it + by their defamation. +</p> +<p> + Sir Robert WALPOLE then spoke in the following manner:—I hope it is not + expected, that the heat with which one class of our political writers + have been attacked by the honourable gentleman, should engage me to + undertake their defence with the same earnestness. I have neither + interest enough in the question to awaken my passions, nor curiosity or + leisure sufficient for such an examination of the writings on each side, + as is necessary, before the superiority of any author above his brethren + can he justly asserted. +</p> +<p> + It is no part, sir, of my employment or amusement to compare their + arguments, or to balance their abilities; nor do I often read the papers + of either party, except when I am informed by some that have more + inclination to such studies than myself, that they have risen by some + accident above their common level. +</p> +<p> + Yet that I may not appear entirely to desert the question, I cannot + forbear to say, that I have never, from these accidental inspections of + their performances, discovered any reason to exalt the authors who write + against the administration, to a higher degree of reputation than their + opponents. That any of them deserve loud applauses, I cannot assert, and + am afraid that all, which deserves to be preserved of the writings on + either side, may be contracted to a very few volumes. +</p> +<p> + The writers for the opposition appear to me to be nothing more than the + echoes of their predecessors, or, what is still more despicable, of + themselves, and to have produced nothing in the last seven years, which + had not been said seven years before. +</p> +<p> + I may, perhaps, be thought by some gentlemen of each class to speak + contemptuously of their advocates, nor shall I think my own opinion less + just for such a censure; for the reputation of controversial writers + arises, generally, from the prepossession of their readers in favour of + the opinions which they endeavour to defend. Men easily admit the force + of an argument which tends to support notions, that it is their interest + to diffuse, and readily find wit and spirit in a satire pointed at + characters which they desire to depress: but to the opposite party, and + even to themselves, when their passions have subsided, and their + interest is disunited from the question, those arguments appear only + loud assertions, or empty sophistry; and that which was clamorously + praised, discovers itself to be only impudence or low conceits; the + spirit evaporates, and the malignity only remains. +</p> +<p> + If we consider, sir, what opposition of character is necessary to + constitute a political writer, it will not be wondered that so few excel + in that undertaking. He that will write well in politicks, must at the + same time have a complete knowledge of the question, and time to digest + his thoughts into method, and polish his style into elegance; which is + little less than to say, he must be at once a man of business, and a man + of leisure; for political transactions are not easily understood, but by + those who are engaged in them, and the art of writing is not attainable + without long practice, and sedentary application. +</p> +<p> + Thus it happens that political writings are generally defective: for + they are drawn up by men unacquainted with publick business, and who + can, therefore, only amuse their readers with fallacious recitals, + specious sophistries, or an agreeable style; or they are the hasty + productions of busy negotiators, who, though they cannot but excel the + other class of writers in that which is of most importance, the + knowledge of their subject, are yet rarely at leisure to display that + knowledge to advantage, or add grace to solidity. +</p> +<p> + Writers of the latter sort appear but seldom, and most of our political + papers are the amusements of leisure, or the expedients of want. +</p> +<p> + Whether the paper now before us is the produce of ease, or of necessity, + I shall not determine; I have already offered my opinion, that the man + who claims it is not the author, nor do I discover any reason for + changing my sentiment: the question is a question merely of conjecture, + since neither I nor the honourable gentleman attempt to offer any + demonstrative proofs of our opinion. If he has any to produce in favour + of his own notions, let him lay them before you, but let him always + forbear to impute to me assertions which I never uttered, and beware of + representing me as declaring that I believe this paper the composition + of some member of this house. +</p> +<p> + [It was then debated, whether this offence should be punished by the + authority of the house, or referred to the cognizance of some of the + courts of judicature in Westminster hall, on which occasion Mr. HOWE + spoke as follows:] +</p> +<p> + Sir, it is the duty of every part of the legislature, not only to + preserve the whole system of our government unaltered and unimpaired, + but to attend particularly to the support of their own privileges, + privileges not conferred upon them by our ancestors, but for wise + purposes. +</p> +<p> + It is the privilege of this house that we, and we only, are the judges + of our own rights, and we only, therefore, can assign the proper + punishment when they shall be presumptuously invaded. +</p> +<p> + If we remit this offender, who has attempted to debase the house in the + opinion of the nation, to any inferiour court, we allow that court to + determine, by the punishment that shall be inflicted, the importance of + this assembly, and the value of the collective character of this house. +</p> +<p> + It therefore concerns us, in regard to our own dignity, and to the + privileges of our successours, that we retain the cognizance of this + crime in our own hands, in which it is placed by perpetual prescription + and the nature of our constitution. +</p> +<p> + [The house agreed to this, and the libeller was sent to the common jail + of Middlesex, by warrant from the speaker.] +</p> +<p> + Sir William YONGE then spoke to this effect:—Sir, I am pleased with + finding that the malice and indecency of this libel, has raised in the + house a just resentment, and that the wretch, who, with a confidence so + steady, and such appearance of satisfaction in his countenance, + confesses, or rather proclaims himself the author, is treated as he + deserves. But let us not forget that the same degree of guilt always + requires the same punishment, and that when the author of scandal is in + prison, the printer and propagator of it ought not to be at liberty. +</p> +<p> + The printer of the daily news is surely the proper object of your + indignation, who inserted this libel in his paper, without the fondness + of an author, and without the temptation of a bribe; a bribe, by the + help of which it is usual to circulate scurrility. To this man the + expense or labour of aspersing the government was recompensed by the + pleasure, and he could not prevail on himself to omit any opportunity of + incensing the people, and exposing at once the whole legislature to + censure and contempt. +</p> +<p> + Those, therefore, that have concurred in the imprisonment of the author, + will doubtless join with me in requiring the attendance of his officious + accomplice, and I cannot forbear expressing my hopes, that he will not + meet with kinder treatment. +</p> +<p> + It is far from being the first offence of his licentious press; and the + lenity of the government, by which he has been so long spared, has had + no other effect upon him, than to add confidence to his malice, and + incite him to advance from one degree of impudence to another. +</p> +<p> + He has for several weeks persisted in misrepresenting the intention of + the embargo, by letters pretended to be written by friends of the + government who are injured by it. He has vented his insinuations + hitherto, as without punishment, so, as it appears, without fear. It is + time, therefore, to disturb his security, and restrain him from adding + one calumny to another. +</p> +<p> + Sir John BARNARD rose up hereupon, and opposed this motion in terms to + the following effect:—Sir, the end of punishment is to prevent a + repetition of the same crime, both in the offender, and in those who may + have the same inclinations; and when that end is accomplished, all + farther severities have an appearance rather of cruelty than justice. +</p> +<p> + By punishing the author of this libel, we have, in my opinion, + sufficiently secured our dignity from any future attacks, we have + crushed the head of the confederacy, and prevented the subordinate + agents from exerting their malice. Printers can do no injury without + authors; and if no man shall dare to write a libel, it is not worthy of + our inquiry how many may be inclined to publish it. +</p> +<p> + But if the printer must necessarily be punished before the resentment of + the house can be satisfied; if it shall not be thought sufficient to + punish him without whose assistance the other could not have offended; + let us, at least, confine our animadversion to the present fault, + without tracing back his life for past misdemeanours, and charging him + with accumulated wickedness; for if a man's whole life is to be the + subject of judicial inquiries, when he shall appear at the bar of this + house, the most innocent will have reason to tremble when they approach + it. +</p> +<p> + Even with regard, sir, to the offence of which he is now accused, + somewhat may, perhaps, be said in extenuation of his guilt, which I do + not offer to gratify any personal affection or regard for him, to whom I + am equally a stranger with any other gentleman in this house, but to + prevent a punishment which may be hereafter thought disproportioned to + the crime. +</p> +<p> + It is, sir, to be remembered, that he was not the original printer of + the libel, which he only reprinted from a paper, of which he knew that + it was to be dispersed at our door, and in which he could not naturally + suspect any seditious or dangerous assertions to be contained. It is, + therefore, probable that he fell into the offence by ignorance, or, at + worst, by inadvertency; and, as his intention was not criminal, he may + properly be spared. +</p> +<p> + Mr. WINNINGTON spoke, in answer, to this effect:—Sir, I cannot but + think the honourable gentleman betrayed, by his zeal for the defence of + this man, into some assertions not to be supported by law or reason. If + it be innocent to print a paper once printed, will it not inevitably + follow, that the most flagitious falsehoods, and the most enormous + insults on the crown itself, the most seditious invectives, and most + dangerous positions, may be dispersed through the whole empire, without + any danger but to the original printer? And what reason, sir, can be + assigned, why that which is criminal in one man, should be innocent in + another? +</p> +<p> + Nor is this the only position which has been advanced contrary to the + laws of our country; for it has been asserted, that the general + character of an offender is a consideration foreign from that of his + immediate crime; and that whatever any man's past life has been, he is + only to be judged according to the evidence for the offence which is + then the subject of examination. +</p> +<p> + How much this opinion is consistent with the practice of our courts, a + very slight knowledge of their methods of proceeding will readily + discover. Is any villain there convicted but by the influence of his + character? And is not the chief question at a trial the past conduct of + the person at the bar? +</p> +<p> + Sir John BARNARD rose here, and spoke thus:—Sir, I rise up only to + answer a question, which is, whether properly or not, put to me, and + hope the irregularity will not be imputed to me, by the house, but to + the occasion which produces it. +</p> +<p> + I am asked, whether it is not the chief question at the bar of our + courts of justice, what is the character of the prisoner? and cannot but + feel some amazement that any man should be so ignorant of common + proceedings, and so much unacquainted with the execution of our laws, as + to have admitted a notion so chimerical. +</p> +<p> + The character of the prisoner is never examined, except when it is + pleaded by himself, and witnesses are produced to offer testimony in his + favour; that plea, like all others, is then to be examined, and is + sometimes confuted by contrary evidence. But, the character of a + criminal, though it may be urged by himself as a proof of his innocence, + is never to be mentioned by his prosecutor as an aggravation or proof of + his guilt. It is not required by the law, that the general character of + a criminal, but that the particular evidence of the crime with which he + stands charged, should be examined; nor is his character ever mentioned + but by his own choice. +</p> +<p> + Sir William YONGE spoke next, to the effect following:—Sir, to prove + the malignity of the intention with which this libel was inserted in the + daily paper, it cannot be improper to observe, that the embargo has been + for many days past the favourite topic of this printer, and that, + therefore, it was not by accident that he admitted so zealous an + advocate for his opinions to be seasonably assisted by the circulation + of his paper, but that he, doubtless, was delighted with an opportunity + of dispersing sedition by means of greater abilities than his own. +</p> +<p> + Nor can it be justly pleaded, sir, in his favour, that he was encouraged + to publish it by the confidence with which he saw it dispersed; for it + was printed by him in the morning, and not brought hither till the + afternoon. I cannot, therefore, but conclude, that his intentions were + agreeable to his practice, and that he deserves to accompany the author + in his present confinement. +</p> +<p> + The advocate, CAMPBELL, spoke next, to this purpose:—Sir, I hope it + will not be imputed to me as disregard of the government, or neglect of + the honour of this house, that I declare myself, on all occasions like + this, inclined to lenity, and think it necessary always to proceed by + regular methods, and known forms of justice, not by capricious + determinations, and orders variable at pleasure. +</p> +<p> + I opposed the imprisonment of the man who just now appeared at the bar + of our house, and am still more unwilling to proceed to severities + against another, who is criminal only in a subordinate degree. The + loudest declaimers against these men cannot have stronger detestation of + falsehood and sedition than myself; but however flagrant may be the + crimes, they may be punished with unjustifiable rigour, and, in my + opinion, we have already proceeded with severity sufficient to + discourage any other attempts of the same kind. +</p> +<p> + Whether it will promote the advantage of the publick, and the efficacy + of our deliberations, to deter any man from the common practice of + giving us information by delivering papers at our door, must be + considered by the house. +</p> +<p> + Nor is it less worthy of our most attentive inquiry, whether it is not + more reasonable to prosecute this offender in the common forms of + justice, than to punish him by any act of uncontroulable, unaccountable + authority? Whether it is not more reasonable to have him prosecuted + before a judge unprejudiced, and a disinterested jury, than to act at + once as party, evidence, and judge? I have no desire, sir, of + diminishing the privileges of this house; and yet less would I + contribute to establish any precedents of unlimited power or arbitrary + punishments. +</p> +<p> + The ATTORNEY GENERAL then spoke to the following effect:—Sir, whence so + much tenderness can arise for an offender of this kind, I am at a loss + to discover, nor am I able to conceive any argument that can be produced + for exempting from punishment the printer of a paper, which has been + already determined, by the vote of the house, to be a scandalous libel, + tending to promote sedition. +</p> +<p> + It has been, indeed, agreed, that there are contained in the paper some + true positions, and some passages innocent, at least, and perhaps + rational and seasonable. But this, sir, is nothing more than to say, + that the paper, flagitious as it is, might have been swelled to a + greater degree of impudence and scurrility; that what is already too + heinous to be borne, might, by greater virulence, become more enormous. +</p> +<p> + If no wickedness, sir, is to be checked till it has attained the + greatest height at which it can possibly arrive, our courts of criminal + judicature may be shut up as useless; and if a few innocent paragraphs + will palliate a libel, treason may be written and dispersed without + danger or restraint; for what libel was ever so crowded with sedition, + that a few periods might not have been selected, which, upon this + principle, might have secured it from censure. +</p> +<p> + The danger of discouraging intelligence from being offered at the door + of our house, does not alarm me with any apprehensions of disadvantage + to the nation; for I have not so mean an opinion of the wisdom of this + assembly, as to imagine that they can receive any assistance from the + informations of their officious instructors, who ought, in my opinion, + sir, rather to be taught by some senatorial censure to know their own + station, than to be encouraged to neglect their proper employments, for + the sake of directing their governours. +</p> +<p> + When bills, sir, are depending, by which either the interest of the + nation, or of particular men, may be thought to be endangered, it is, + indeed, the incontestable right of every Briton to offer his petition at + the bar of the house, and to deliver the reasons upon which it is + founded. This is a privilege of an unalienable kind, and which is never + to be infringed or denied; and this may always be supported without + countenancing anonymous intelligence, or receiving such papers as the + authors of them are afraid or ashamed to own, and which they, therefore, + employ meaner hands to distribute. +</p> +<p> + Of this kind, sir, undoubtedly, is the paper now under our + consideration, of which I am far from imagining that it was drawn up by + the man who declares himself the writer, and am, therefore, convinced of + the necessity of calling the printer to the bar, that whatever the + lenity or justice of this assembly may determine with regard to his + punishment, he may be examined with respect to the real authors of the + libel; and that our resentment may fall upon him, who has endeavoured to + shelter himself by exposing another. +</p> +<p> + Counsellor ORD spoke to this effect:—Sir, I am inclined to believe, + that the persons associated in writing and dispersing this paper, + whosoever they may be, are of no high rank, or considerable influence; + as it is not likely that any man who had much to hazard, would expose + himself to the resentment of the whole legislature; but let us not for + that reason exert our superiority in wanton punishments, or tyrannise + merely because we cannot be resisted. Let us remember that the same + justice and the same humanity is due to the meanest, as the highest of + our fellow-subjects; and that there is even less necessity of rigorous + measures, as the attack is less formidable. +</p> +<p> + But, sir, there is one motive to moderation that has seldom been found + less efficacious than the consideration of the laws of justice or + humanity. We ought to be withheld by regard to our posterity, and even + to ourselves, from any exorbitant extension of our privileges. We know, + that authority once exerted, is claimed afterwards by prescription. And + who knows by what sudden rotation of power he may himself suffer by a + precedent which he has concurred to establish, and feel the weight of + that oppressive power which he first granted for the punishment of + another? +</p> +<p> + Mr. HOWE spoke thus:—Sir, I am always unwilling to oppose any proposal + of lenity and forbearance, nor have now any intention of heightening the + guilt of this man by cruel exaggerations, or inciting the house to + rigour and persecution. +</p> +<p> + But let us remember, sir, that justice and mercy are equally to be + regarded, and while we pity the folly of a misguided, or, perhaps, a + thoughtless offender, let us not suffer ourselves to be betrayed, by our + compassion, to injure ourselves and our posterity. +</p> +<p> + This house, sir, has always claimed and exerted the privilege of judging + of every offence against itself, a privilege so long established, and so + constantly exercised, that I doubt whether the inferiour courts of + judicature will take cognizance of an attack upon us; for how can they + venture to decide upon a question of such importance without any form or + precedent for their proceedings. +</p> +<p> + There seems also to be at this time, sir, an uncommon necessity for + tenaciousness of our privileges, when, as some whispers, which have been + wafted from the other house, inform us, a motion has been made in terms + which might imply the subordination of this assembly, an assertion + without foundation either in reason or justice, and which I shall always + oppose as destructive to our rights, and dangerous to our constitution. +</p> +<p> + Let us, therefore, sir, retain in our hands the cognizance of this + affair, and let the criminal either suffer his punishment from <i>our</i> + sentence, or owe his pardon to <i>our</i> mercy. +</p> +<p> + [It was agreed that the printer of the daily paper should attend next + day, when, being called in, it was proposed that he should be asked, + whether he printed the paper complained of. It was objected to, for the + same reason as the question about the author's being in the gallery, + because the answer might tend to accuse himself; and he being withdrawn, + a debate of the same nature ensued, and the question being put whether + he should be asked, if he be the person that printed the daily paper + shown to him, which paper the house the day before resolved to contain a + malicious and scandalous libel, etc. it was, on a division, carried in + the affirmative, by two hundred and twenty-two against one hundred and + sixty-three: accordingly he was called in again, and being asked the + question, he owned that he printed the said paper from a printed copy + which was left for him with one of his servants; and being asked what he + had to allege in his justification or excuse for printing the said + libel, he said that as he had before printed several other things which + he had received from the said person, which had not given offence, he + inserted part of the paper in his news, and which he should not have + inserted, if he had thought it would have given offence to the house, + and that he forbore to print the remainder, having heard that it had + given offence. Upon which he withdrew, and the house, after some debate, + on a division, one hundred and eighty-eight to one hundred and + forty-five, not only ordered him into the custody of the serjeant, but + resolved to present an address to his majesty, that he would be pleased + to give directions to his attorney general to prosecute him at law. +</p> +<p> + The first printer of the libel was also ordered into custody. This was + on the 3d of December, but the next day presenting his petition, + expressing his sorrow for the offence, whereby he had justly incurred + the displeasure of the house, and praying to be discharged, he was + brought to the bar on the following day, received a reprimand on his + knees, and was ordered to be discharged, paying his fees.] +</p> +<p> + On the 12th, lord BARRINGTON presented a petition from the printer of + the daily paper, expressing his sorrow, promising all possible care not + to offend for the future, and praying to be discharged. +</p> +<p> + This petition being read, a motion was made, that the serjeant at arms + do carry the petitioner to some court of law, to give security for his + appearance to the prosecution to be carried on against him by the + attorney general; which done, that he be discharged, paying his fees. +</p> +<p> + Sir William YONGE spoke to this effect:—Sir, I know not for what reason + this enormous offender is entitled to so much regard, or by what + interest he has engaged so many, who, I doubt not, abhor his crimes, to + pity his sufferings. +</p> +<p> + Had he been young and unexperienced, and seduced into the commission of + this offence by artifice or persuasion, his act might have been + reasonably considered rather as an errour than a crime, and it might + have been proper to treat with lenity a delinquent neither obstinate nor + malicious. +</p> +<p> + But how, sir, can this plea be urged in favour of a man, whose daily + employment it has been, for these two years past, to misrepresent the + public measures, to disperse scandal, and excite rebellion, who has + industriously propagated every murmur of discontent, and preserved every + whisper of malevolence from perishing in the birth. +</p> +<p> + The proper judge, sir, of this affair, is his majesty's attorney + general, who is not now in the house. I am, therefore, for detaining him + in custody, and for referring the consideration of farther proceedings + against him to that gentleman, whose proper province it is to prosecute + for the crown. +</p> +<p> + Mr. WALLER spoke next, to the following purpose:—Sir, it is + undoubtedly the duty of every man to oppose the introduction of new + laws, and methods of oppression and severity, which our constitution + does not admit; and what else is the mention of a prisoner's character + as an aggravation of his present offence? +</p> +<p> + It is well known, and has been already asserted, upon this occasion, + that in the lower courts of justice, though the prisoner may plead his + character, in his own defence, his prosecutor is not at liberty to + produce it to his disadvantage. Even those who are cited to the bar for + murder or for treason, are tried only by the evidence of that crime for + which they are indicted. +</p> +<p> + That this house is not bound to strict forms, and is not accountable for + the exercise of its power, is easily granted; but authority cannot + change the nature of things, and what is unjust in a lower court, would + be in us not less unjust, though it may not be punishable. +</p> +<hr> +<p> + It was replied that this question had been before sufficiently + discussed. +</p> +<p> + The attorney general not being present, the debate was adjourned to the + next sitting. +</p> +<p> + On the next day of the session, the lord BARRINGTON proposed, that the + adjourned debate might be resumed, and several members interceded for + the petitioner, that he might be released; to which it was objected, + that it was not proper to release him, unless an information was lodged + against him, without which he could not be held to bail; and the + question being put, whether he should be released, was determined in the + negative. +</p> +<p> + At the sixth sitting, the author of the libel, who was committed to the + common prison of Middlesex, petitioned the house to permit him to + implore pardon on his knees, and promising, by the strongest and most + solemn assurances, not to offend again, was ordered to be discharged the + next day, paying his fees. +</p> +<p> + On the forty-seventh sitting, the printer of the daily paper again + petitioned the house, representing, that he most heartily bewailed his + offence, that he was miserably reduced by his confinement, having + borrowed money of all his friends to support himself, his wife, and + children, and praying the mercy of the house. He was then ordered to be + discharged, paying his fees, and giving security for his appearance to + answer the prosecution. +</p> +<p> + On the eighty-fifth day, Mr. George Heathcote offered another petition + for the said printer, and represented, that the fees amounting to one + hundred and twenty-one pounds, he was not able to pay them, that, + therefore, he hoped the house would consider his case; but the petition + was not allowed to be brought up. On which he remained in custody + fourteen days longer, till the end of the session, and, the authority of + the senate ceasing, had his liberty without paying any fees. +</p> +<a name="2H_4_6"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF COMMONS, DEC. 4-11, 1740. +</h2> +<center> + ON INCORPORATING THE NEW-RAISED MEN INTO THE STANDING REGIMENTS. +</center> +<p> + On the 4th of December, sir William YONGE, secretary at war, having + presented to the house of commons an estimate of the expense of raising + ten thousand men, the same was taken into consideration in a committee + on the supply, and after debate agreed to. At the report of this + proceeding, on the 11th, another debate happened on a motion that the + new-raised men should be incorporated into the standing regiments, etc. +</p> +<p> + As in these two debates the arguments were the same, they are thrown + into one, to prevent unnecessary repetitions. +</p> +<p> + Sir William YONGE opened the debate with respect to what he had + delivered in the estimate, after the manner following:—Sir, as this + estimate has been drawn up after very accurate calculations and careful + inquiries, I hope that no objections will be raised against it, and that + the sum necessary for raising the new regiments will be very readily + granted by that house, which voted the war necessary for which they are + designed. +</p> +<p> + I hope it will be admitted as some proof of frugality, that this + estimate requires less money than one that was laid before the senate in + the reign of king William; for if it be considered, that since that + time, the necessaries of life are become dearer, and that, therefore, + all expenses are increased, it will appear to be the effect of the + exactest economy, that the sum required for the same service is less. +</p> +<p> + I have heard, indeed, sir, that in conversation, the method of raising + troops on this occasion has been censured as improper, and that in the + opinion of some, whose judgment cannot be entirely disregarded, it would + be more reasonable to add more men to our regiments already established, + than to raise new regiments with new officers. +</p> +<p> + The chief argument, sir, produced in support of their method of + augmentation, is drawn from the necessity of publick frugality, a very + popular topick, which never fails to produce favour and attention; for + every man is naturally inclined to hear his friend, and to consider that + man as performing the office of friendship, who proposes methods of + alleviating his taxes. +</p> +<p> + Frugality is undoubtedly a virtue very necessary to the happiness of the + nation, and such as there occur frequent occasions of inculcating to + those who are intrusted with the superintendence of publick + disbursements, but I am far from thinking that this estimate affords any + opportunity for declamations of this kind, and am of opinion that the + addition of new soldiers to each regiment, would, in reality, be more + expensive. +</p> +<p> + It cannot be denied, sir, that by augmenting the regiments, there would + be immediately saved to the publick the expense of the officers which + are necessary in the method now proposed; but it is to be considered how + much the number of officers contributes to the regularity and discipline + of the troops, and how much discipline and order promote their success. + It is to be considered, sir, that the most successful method of making + war is undoubtedly the cheapest, and that nothing is more expensive than + defeats. +</p> +<p> + If by raising the same number of men under fewer officers, we should + give our enemies any advantage, if a single party should be cut off, a + garrison forced, an expedition rendered fruitless, or the war protracted + but a few months, where will be the advantage of this admired frugality? + What would be the consequence, but the same or a greater expense, not to + gain advantages, but to repair losses, and obviate the effects of our + former parsimony? +</p> +<p> + In private life, sir, it is common for men to involve themselves in + expense, only by avoiding it; to repair houses at greater charges than + new ones might be built, and to pay interest, rather than the debt. Weak + minds are frighted at the mention of extraordinary efforts, and decline + large expenses, though security and future affluence may be purchased by + them; as tender bodies shrink from severe operations, though they are + the certain methods of restoring health and vigour. The effects of this + timidity are the same in both cases, the estate is impaired insensibly, + and the body languishes by degrees, till no remedy can be applied. +</p> +<p> + Such examples, sir, are frequent, and the folly of imitating them is + therefore greater, for who would pursue that track by which he has seen + others led to destruction? Nor need we search for remote illustrations + to discover the destructive tendency of unseasonable tenderness for the + publick, for I believe the whole history of the wars of king William + will prove, that too close an attention to parsimony is inconsistent + with great achievements. +</p> +<p> + It may be expected that I, who cannot claim any regard in this + disquisition, from my own experience, should produce some decisive + evidence in favour of the method which I have taken upon me to defend; + this expectation I shall endeavour to satisfy, by alleging the authority + of the greatest commander of later ages, whom neither his friends nor + his enemies will deny to have been well versed in these subjects, and + whose success is a sufficient proof of the soundness of his principles. +</p> +<p> + The illustrious duke of MARLBOROUGH was of opinion, that the whole force + of the French armies consisted in the number of the officers, and that + to be always equal to them in the field, it was necessary to form our + troops nearly upon the same plan; to this scheme he conformed in his + practice of war, and how much his practice confirmed his opinion, let + Blenheim and Ramillies attest. +</p> +<p> + As I pretend not to have determined myself on this question, otherwise + than by authority, and, as I know not any authority equal to that of the + duke of MARLBOROUGH, I cannot discharge the trust reposed in me by my + country, any otherwise, than by proposing, that, on this occasion, we + agree to grant his majesty the sum calculated for raising the new + regiments, as I believe that method of augmentation most likely to + produce success in our undertakings, and consequently to procure a + speedy conclusion of the war. +</p> +<p> + Mr. PULTENEY spoke next, to the following effect:—Sir, I have been so + long accustomed to the debates of this house, and have so often attended + to the eloquence of the right honourable gentleman, that I am never + startled at paradoxes, nor shocked at absurdities; I can now hear with + great tranquillity an harangue upon the necessity of placemen in this + house, upon the usefulness of standing armies, and the happiness of a + general excise. +</p> +<p> + I am no longer offended with facts quoted in opposition to history, nor + with calculations drawn up without regard to the rules of arithmetick; I + know that there are persons in this house, who think themselves obliged + to speak, even when in their own opinion nothing can be said with weight + or with propriety; who come hither prepared against the shame of + confutation, and determined not to be convinced. +</p> +<p> + To reason with such men, sir, is, indeed, no pleasing task; it is to + fight with enchanted heroes, upon whom the common weapons of argument + have no effect, and who must be softened by a countercharm, before they + can be attacked with any prospect of success. +</p> +<p> + There are some, however, of whom I am willing to believe that they + dispute only for truth, and inquire with the view of attaining a + solution of their doubts. For the sake of these, sir, I think it + necessary to declare my sentiments, as I shall be desirous, in my turn, + to hear their sentiments; but with regard to those whose opinion I know + already by their posts, I should think it of great advantage to the + despatch of publick affairs, if they would content themselves with + voting for their pay, without any ambition of other service, or adding + the praise of volubility to that of steadiness. +</p> +<p> + Having this opportunity, sir, of declaring my opinion of the measures + pursued in regulating our military preparations, I shall not confine + myself entirely to the present question, but lay before the house my + thoughts upon some parts of the establishment, which may, perhaps, + require a reform, and which are at least proper objects of + consideration, though not absolutely necessary to the determination of + our opinion upon the present motion. +</p> +<p> + I have long ago, sir, declared, what, therefore, it is scarcely of any + use to repeat, that I know not any advantage to be hoped from a standing + army, nor can discover why the ablest and most vigorous of the + inhabitants of this kingdom should be seduced from the loom, the anvil + and the plough, only to live at ease upon the labour of industry, only + to insult their landlords, and rob the farmers. I never could find why + any body of men should be exempt from the common labour of social + duties, or why they should be supported by a community, who contribute + neither to its honour nor its defence. +</p> +<p> + I doubt not, sir, but I shall hear, on this occasion, of the service of + our troops in the suppression of riots; we shall be told, by the next + pompous orator who shall rise up in defence of the army, that they have + often dispersed the smugglers; that the colliers have been driven down + by the terrour of their appearance to their subterraneous + fortifications; that the weavers, in the midst of that rage which hunger + and oppression excited, fled at their approach; that they have at our + markets bravely regulated the price of butter, and, sometimes, in the + utmost exertion of heroick fury, broken those eggs which they were not + suffered to purchase on their own terms. +</p> +<p> + Some one, perhaps, of more penetration, may inform us of the use which + has been made of them at elections, where the surly burgesses have been + sometimes blind to the merit of those worthy gentlemen, whom the + soldiers have known how to esteem according to their desert; nor, + indeed, do I see how those can refuse their votes in favour of our + troops, who are indebted for the power of giving them, to their kind + interposition. +</p> +<p> + To these arguments, sir, I shall content myself with answering, that + those who are versed in the history of Britain, know that we have had + colliers and weavers for many years before a standing army was heard of + among us, and that it is, nevertheless, nowhere recorded that any of our + kings were deposed by those formidable bodies of men, or that any + remarkable changes were made by them in the form of our government; and, + therefore, till some reason shall be alleged, why such insurrections are + now more dangerous, and our civil magistrates more impotent than in + former ages, I humbly conceive, that even without the protection of a + standing army, we might yet sleep in security, notwithstanding the plots + of the colliers, and the combinations of the weavers. +</p> +<p> + But I must own, sir, these are not our only enemies, for there is + somewhere, yet in existence, a person that lays claim to the dominion of + these kingdoms, and pleads an hereditary title to dispose of our wealth, + to subvert our liberties, and destroy our religion. +</p> +<p> + If any foreigner, sir, unacquainted with our affairs, were to be present + at our debates, and to hear with what ardour we animate each other to an + obstinate resistance of this pretender to the throne, how often he is + represented as hovering over us, and how often we have caught a general + panick, and imagined ourselves upon the verge of destruction, how often + our most zealous patriots take opportunities of declaring their + resolution to die in defence of their liberties; and how pathetically + our most elegant declaimers have expatiated on the misery of that + unhappy race, whom they should leave behind to groan under the + oppression of absolute power, what would be his opinion of this + pretender, whom he saw so perpetually dreaded, against whom so many + alliances were formed, so many armies were levied, and so many navies + equipped? +</p> +<p> + Would he not believe him to be some formidable tyrant in a neighbouring + country, the lord of wide dominions, and the master of numerous armies + and powerful fleets? Would he not imagine that he could assemble half + the continent at his call, that he was supported by powerful alliances, + and that nothing but a fair wind was required to land him on our coasts + at the head of millions? And would he not, even on that supposition, be + inclined to censure us as timorous, as somewhat regardless of the honour + of our nation, and condemn us for giving way to such suspicions and + exclamations, as have a natural tendency to heighten the apprehension of + danger, and depress the spirits of the people? +</p> +<p> + But what would be his conclusion, sir, when he should be told, what in + reality is true, that this dreadful pretender is an unhappy fugitive, + driven in his infancy from this country, and by consequence without any + personal interest; that he is supported by the charity of a prince whose + name is hated almost by every inhabitant of the kingdom; that he has + neither sovereignty, nor money, nor alliances, nor reputation in war, + nor skill in policy; that all his actions are watched by British spies; + and that the few friends that remain to support the farce of a court, + are such only as dare not return to their native country, and are, + therefore, without fortune, and without dependants? +</p> +<p> + What could a wise man conceive of a nation held in continual alarms by + an enemy like this; of a nation always watchful against an invasion from + a man who has neither dominions to supply, nor money to hire a single + regiment; from a man whose title all the neighbouring princes disown, + and who is at such a distance from them, that he cannot be assisted by + them without open preparations, of which we cannot fail of having + intelligence, and which may be defeated, without danger, by the vessels + regularly stationed on our coasts? +</p> +<p> + Would not any stranger imagine, sir, that we were a nation infected with + a general phrensy, that cowardice had perverted our imaginations, filled + us with apprehensions of impossible invasions, raised phantoms before + our eyes, and distracted us with wild ideas of slavery and tyranny, + oppression and persecution? +</p> +<p> + I have dwelt thus long on this point, because I know the pretender is + the last refuge of those who defend a standing army; not that I propose + to convince any man of the folly of such apprehensions, or to fortify + him against such terrours for the time to come; for if any man, in + reality, now dreads the pretender, fear must be his distemper; he is + doomed to live in terrours, and it is of no importance whether he dreads + an invasion or a goblin, whether he is afraid to disband the army, or to + put out his candle in the night; his imagination is tainted, and he must + be cured, not by argument, but by physick. +</p> +<p> + But the greatest part of those who disturb our consultations with the + mention of the pretender, are men of a very different character, men + equally unconcerned about his designs, or his motions, with those who + are most desirous of setting the nation free from the burden of an army, + and very often such as we may discover, from their conduct, to be + determined to comply with every government; and such as have, therefore, + nothing to fear from a change of masters. +</p> +<p> + The men, for whose sake I am now speaking, sir, laugh equally with + myself at the apprehensions of those whom they contribute to terrify; + they know too well the impotence of the pretender to dread an invasion + from him, and affect only to continue their outcries, that they may not + be deprived of a topick, on which, by long practice, they have attained + an uncommon facility of haranguing, which they know how to diversify + with various combinations of circumstances, and how to accommodate to + any emergent occasion, without the pain of torturing their inventions. +</p> +<p> + It may be useful, sir, to inform these men, that their disguise ought at + last to be thrown off, because it deceives no longer, and that the + nation cannot be cheated but at the expense of more cunning than they + are willing, or perhaps able, to display. A mask must necessarily be + thrown aside, when, instead of concealing, it discovers him by whom it + is used. +</p> +<p> + Those who are attempting, sir, to deceive others, and whose character is + exalted, in their own opinion, in proportion to the success of their + endeavours, have surely a sense of shame, though they have none of + virtue, and cannot, without pain, find their artifices detected, and + themselves made the objects of ridicule, by those stratagems which they + employ for the deception of others. +</p> +<p> + I hope, therefore, sir, that, for their own sakes, these declaimers on + the exploded story of the pretender, will change their bugbear, that if + it be necessary to frighten those whom they want art or eloquence to + persuade, they will find out some other object of terrour, which, after + a little practice in private meetings, they may first produce in the + court, and then turn loose in the senate. +</p> +<p> + The world, methinks, allows them a sufficient choice of tyrants more + formidable than the pretender. Suppose they should revive the history of + the Mohocks. The Mohocks are a dreadful race, not to be mentioned + without horrour, by a true lover of his country, and a steady adherent + to the house of Hanover; they might then very easily increase our army, + or enhance our taxes; for who would not be urged by his wife and + daughter to agree to any measures that might secure them from the + Mohocks? +</p> +<p> + But as an army is, at present, likely to be kept up for our defence, + against an enemy less formidable, it may be more seasonable to propose + the regulation than the dismission of our troops, and to mention those + evils which arise from the present establishment, rather than those + which are inseparable from the expense of a standing force. +</p> +<p> + If it be necessary, sir, to support soldiers, I suppose that it will not + be denied by the advocates for an army, that we ought to levy such + troops as may be of use; yet in their practice they seem to have paid + very little regard to this principle. Our troopers are mounted upon + horses which can serve no purpose but that of show, which may, indeed, + wheel about in the park with a formidable air, but can neither advance + upon an enemy with impetuosity, nor retreat from him with expedition; + and which, therefore, though purchased by the nation at a very high + price, and supported at a large expense, can only grace a review, but + are of very little use in an enemy's country, and must perish in the + march, or stand unactive in the battle. +</p> +<p> + Nor is much more service to be expected, sir, from their riders, than + from the horses, for there are very few of them acquainted with the + first elements of their profession, or who have ever learned more than a + few postures of exercise, and the meaning of a few words of command, but + have a number of officers with large appointments. +</p> +<p> + The French troops, sir, if they are doubly officered, are officered and + maintained at a less expense, and to greater effect; for the soldiers + are better instructed, and the same number of men cost not, perhaps, + much more than half the charge of a British regiment. +</p> +<p> + The guards, sir, that are maintained about this metropolis, for no other + purpose than to keep up the splendour of a modern court, cost the + nation, yearly, such a sum as would be sufficient to support an army of + Frenchmen, for the protection of their frontier towns, or the invasion + of neighbouring countries. +</p> +<p> + For my part, I cannot see what injury would be done to the nation by + abolishing an establishment, at the same time useless and expensive, and + employing that money which is at present squandered upon idlers without + effect, upon levies of useful soldiers for marching regiments, who might + be employed, when occasion should require them, in the service of their + country. +</p> +<p> + It will, doubtless, be objected, that the officers of this body of men, + many of whom are persons of the highest merit, and who have, generally, + purchased their commissions, might very justly complain of being + deprived, without a crime, of that which they have bought at its full + value, and to which, therefore, they imagine themselves entitled, till + they shall forfeit their right by some offence against the laws, or some + neglect of their duty. +</p> +<p> + I shall not, sir, at present, inquire into the justness of this plea, + nor examine, whether he who purchases an employment, which he knows to + be useless, and therefore burdensome to the publick, deserves that the + publick should be solicitous to support him in the enjoyment of it; but + I shall declare, on this occasion, with confidence, that I know many of + the officers of the guards to be men of honour, who would gladly + exchange their posts, so chargeable to the nation, for an opportunity of + serving it, and who are not very anxious for the increase of their pay, + so they may not be degraded from their present rank. +</p> +<p> + If these gentlemen, sir, might, in the regiments that should be raised + by disbanding the guards, be advanced to higher commissions, though with + some diminution of their pay, they would imagine themselves abundantly + compensated by the happiness of becoming useful subjects, and serving + that nation by which they have been, hitherto, supported only to fill up + the pomp of levees, and add to the magnificence of drawing-rooms, to + loiter in antechambers, and to quarrel at gaming tables. +</p> +<p> + If this scheme should not be approved, the method eligible, in the next + degree, seems to be that of incorporating our new levies into the + regiments already raised, that being associated with men already + acquainted with discipline, they may learn their duty much more + expeditiously than in separate bodies, where one officer will be obliged + to attend to the instruction of great numbers, and where no man will be + excited to application, because no man will see any degree of excellence + which he may be ambitious of attaining. +</p> +<p> + I have, indeed, heard no reason alleged for the necessity of new levies, + which appeared likely to convince even those by whom it was produced. It + appears to me that our present army is more than sufficient for the + publick service, without an augmentation, and that some of our regiments + might immediately embark, not only without danger to the nation, but + with far greater hopes of success, as our enemies would have less time + to strengthen their fortifications, and collect their troops, and as + disciplined forces are more formidable than troops newly levied; for + discipline must be of great efficacy to the success of military + undertakings, or all arguments which have been used in the defence of a + standing army fall to the ground. +</p> +<p> + In answer to this proposal, we shall probably be once again intimidated + with an invasion, whether from the pretender, the Spaniards, the French, + or any other power, it is of no great importance. An invasion is a + formidable sound; the sack of towns, the destruction of villages, the + captivity of our children, the ruin of our fortunes, and the desolation + of our country, are frightful images, and may, therefore, be + successfully produced, on this occasion, to perplex our thoughts, and + embarrass our inquiries. +</p> +<p> + To remove, therefore, this panick, and to dissipate, for ever, the + phantoms of invasion, I will lay before the house the opinion of the + great commander whose name has already been introduced in this debate. + In the late reign, on a day when the great officers of the crown, and + many of the council, were at a publick feast in the city, a report was + suddenly spread that the duke of Ormond had landed in the west, with two + thousand men. This account was, in appearance, well attested, and + universally believed; all jollity was, therefore, at an end, the company + departed, the council was summoned, and every man offered such + expedients as his present thoughts, confused and oppressed with the + proximity of the danger, suggested to him. One proposed, that a body of + troops should be sent to a distant part of the kingdom, to restrain the + seditions of the populace; another apprehended more danger from a + different quarter, and advised that the inhabitants should be awed by + another detachment sent thither; the most experienced easily saw the + unprofitableness of the measures proposed, but could not so easily + strike out more efficacious expedients, and therefore sat in great + perplexity. Lord Somers, particularly, shook his head, and seemed to + consider the kingdom as in the hands of the invaders, and the dreadful + pretender as seated on the throne. +</p> +<p> + At last, the duke of MARLBOROUGH, who had hitherto sat silent, asked + calmly, whether they were certain that any forces were really landed, + and was answered, that though it might not be absolutely certain, yet + they were to consult and send orders upon that supposition. Then, says + he, I will lay down this great rule to be observed invariably, whenever + you are invaded. Attend only to one point, nor have any other purpose in + view than that of destroying the regular forces that shall be landed in + the kingdom, without any regard to petty insurrections, which may be + always easily quelled, and which will probably cease of themselves, when + the army by which they were excited is cut off. For this end, let it be + your rule, to keep your army undivided, and to make no motion but + towards the enemies; fight them with the utmost expedition before they + can fortify themselves, or receive reinforcements from the continent. By + the observation of this plain method of operation, continued he, I will + engage, without any other force than the regiments generally stationed + about the capital, to put a stop to any troops that shall be landed on + the coast of Britain. +</p> +<p> + So far was this great officer, who was acquainted with the whole art of + war, from sinking into astonishment at the sound of an invasion, and so + far from thinking it necessary that the nation should be harassed by + standing troops, to preserve it from being plundered by a foreign army. +</p> +<p> + But though our troops, sir, should not be necessary to prevent an + invasion, they may be useful in services of equal importance; the + ministry may think the suffrages of the officers more serviceable than + their swords, and may be more afraid of exposing themselves than the + nation by any detachment of their forces. +</p> +<p> + Such is, at present, sir, the state of this unhappy country, that + neither in peace nor war are any measures taken, but with a view of + increasing or confirming the power of the ministry; for this purpose + those troops whose officers have seats here, are to be retained at home, + and the fate of our American settlements to be committed to new-levied + forces, without military skill. +</p> +<p> + For this reason is an army to be raised without necessity, and raised in + a manner that may furnish the court with an opportunity of extending its + influence, by the disposal of great numbers of new commissions. By this + plan every family that is burdened with a relation whose vices have + ruined his fortune, or whose stupidity disqualifies him for employment, + will have an opportunity of selling, for a commission, its interest at + the approaching election; dependence will be propagated, and the + troublesome spirit of liberty be depressed. +</p> +<p> + To little purpose will it be objected, that soldiers and officers will + be equally ignorant, that discipline is not infused instantaneously, + that a military dress will not make a soldier, that men can only know + their duty by instruction, and that nothing is to be hoped from + ploughmen and manufacturers, commanded by schoolboys. The success of the + expedition is not so much considered by those who have the direction of + the levies, as that of the election, and while they keep their posts, + they are very little concerned about the affairs of America. +</p> +<p> + In defence of this method, it has, indeed, been affirmed, that it was + preferred by the duke of MARLBOROUGH; but we are not informed to whom, + or upon what occasion he declared his opinion, and, therefore, are left + at liberty to doubt, whether his authority is not produced for a method + which he did not approve, or approved only at some particular time for + some extraordinary service. +</p> +<p> + It is urged, that he recommended it by his practice, and that his + success is a sufficient proof that his practice was founded upon right + maxims. But if it be remembered what was, in that time, the method of + obtaining commissions, and who it was that had the disposal of them, it + will appear not absolutely certain, that his practice ought to be + produced as a decisive proof of his opinion. +</p> +<p> + If the success of troops be properly urged as an argument for the form + of their establishment, may not the victories of prince Eugene afford a + proof, equally convincing, that a few officers are sufficient? And if + the arguments which arise from success are equal on both sides, ought + not the necessity of saving the publick money to turn the balance? +</p> +<p> + War, sir, is in its own nature a calamity very grievous to the most + powerful and flourishing people, and to a trading nation is particularly + destructive, as it at once exhausts our wealth, and interrupts our + commerce, at once drinks up the stream and chokes up the fountain. In + those countries whose affairs are wholly transacted within their own + frontiers, where there is either very little money, or where their + wealth is dug out of their own mines, they are only weakened by the loss + of men, or by the diminution of their dominions, and, in general, can + only suffer by being overcome. +</p> +<p> + But the state of Britain is far different; it is not necessary to our + ruin that an enemy should be stronger than ourselves, that he should be + able to pour armies into our country, to cover the sea with fleets, to + burn our villages by incursions, or destroy our fortresses with bombs; + for he that can secure his own dominions from our attacks, to which + nothing but distance and some advantages of situation are necessary, may + support a war against us, and he that can fit out privateers to + interrupt our trade, may, without obtaining a victory, reduce us to + distress. +</p> +<p> + Our situation, sir, as it preserves us from the danger of an invasion, + except from that powerful monarch, the pretender, who is, indeed, always + to be dreaded, has, likewise, the effect of securing other nations from + being invaded by us; for it is very difficult to transport in one fleet, + and to land at one time, a number sufficient to force their way into a + country where the ports are fortified, and the inhabitants in arms. +</p> +<p> + Our wars, sir, are, therefore, to be determined by naval battles, and + those nations have very little to fear from us who have no trade to be + disturbed, and no navies to be destroyed; if they can only fit out + cruisers, which may always be done by granting commissions to foreign + adventurers, they may ruin our merchants by captures, exhaust the nation + by the necessity of convoys, and give neutral traders an opportunity of + establishing their credit at those markets which have been, hitherto, + supplied by our manufactures. +</p> +<p> + This is, indeed, far from being at present an exact account of the state + of Spain, whose wide-extended dominions are liable to insults, and from + whom many of her most wealthy provinces may be torn without great hazard + or difficulty. The particular state of her commerce, which, being only + carried on from one part of her dominions to another, can only be for a + time interrupted, but is in no danger of being invaded by any rival, or + lost by disuse, at least requires our consideration, and we ought to + make war with the utmost frugality, against a people whom no hostilities + can really impoverish, whose commerce may be said to lie at rest rather + than to be shackled, as it will rise into greater vigour at the end of + the war, and whose treasures, though the want of them is a present + inconvenience, are only piled up for a time of security. +</p> +<p> + As the only method, sir, of reducing this nation, must be that of + invading its colonies, and dismembering its provinces, by which the + chief persons will be deprived of their revenues, and a general + discontent be spread over the people, the forces which are levied for + this expedition, an expedition on which so much of the honour of our + arms and the prosperity of our trade must necessarily depend, ought to + be selected with the greatest care, and disciplined with the exactest + regularity. +</p> +<p> + On this occasion, therefore, it is surely improper to employ troops + newly collected from shops and villages, and yet more irrational to + trust them to the direction of boys called on this occasion from the + frolicks of a school, or forced from the bosoms of their mothers, and + the softness of the nursery. It is not without compassion, compassion + very far extended, that I consider the unhappy striplings doomed to a + camp, from whom the sun has hitherto been screened, and the wind + excluded, who have been taught, by many tender lectures, the + unwholesomeness of the evening mists and the morning dews, who have been + wrapt in furs in winter, and cooled with fans in summer, who have lived + without any fatigue but that of dress, or any care but that of their + complexion. +</p> +<p> + Who can forbear, sir, some degree of sympathy, when he sees animals like + these taking their last farewell of the maid that has fed them with + sweetmeats, and defended them from insects; when he sees them drest up + in the habiliments of soldiers, loaded with a sword, and invested with a + command, not to mount the guard at the palace, nor to display their lace + at a review; not to protect ladies at the door of an assembly room, nor + to show their intrepidity at a country fair, but to enter into a kind of + fellowship with the rugged sailor, to hear the tumult of a storm, to + sustain the change of climates, and to be set on shore in an enemy's + dominions? +</p> +<p> + Surely, he that can see such spectacles without sorrow, must have + hardened his heart beyond the common degrees of cruelty, and it may + reasonably be expected, that he who can propose any method by which such + hardships may be escaped, will be thought entitled to gratitude and + praise. +</p> +<p> + For my part, I should imagine, sir, that an easy method might be + discovered of obviating such misery, without lessening that number of + officers, which, perhaps, in opposition to reason and experience, some + gentlemen will continue to think necessary, and hope that this may be no + improper time to declare my opinion. +</p> +<p> + I have observed, that for some time no private centinel has ever risen + to any rank above that of a serjeant, and that commissions have been + reserved as rewards for other services than those of the camp. This + procedure I cannot but think at once impolitick and unjust. +</p> +<p> + It is impolitick, sir, as it has a natural tendency to extinguish in the + soldiery all emulation and all industry. Soldiers have an equal genius + with other men, and undoubtedly there might be found among them great + numbers capable of learning and of improving the military sciences; but + they have, likewise, the same love of ease, and the desire of honour and + of profit, and will not condemn themselves to labour without the + prospect of reward, nor sacrifice their time to the attainment of that + knowledge, which can have no other effect than to make them discover the + stupidity of their commanders, and render their obedience more + difficult, as it will destroy that reverence which is necessary to + subordination. +</p> +<p> + It is unjust, sir, because it is not to be doubted, that some soldiers, + by the natural force of their faculties, or by a laudable activity of + mind, have extended their knowledge beyond the duties of a private + station; and he that excels in his profession, has an equitable claim to + distinction and preferment. To advance any man in the army, because his + father is an orator in the senate, or the chief inhabitant of a borough, + seems not more rational, than to make another man a judge, because some + of his ancestors were skilled in gunnery; nor would the lawyers have + juster reasons for complaint in one case, than the soldiers in the + other. +</p> +<p> + It is, therefore, sir, in my opinion, necessary to the advancement of + military knowledge, that, as a centinel is, for excelling in his + profession, advanced to the degree of a serjeant, the serjeant, who + continues his application, and performs his duty, should, in time, be + honoured with a commission. +</p> +<p> + It may be objected, indeed, that serjeants, though they are skilful + commanders in war, can very seldom arrive at any remarkable skill in + politicks, and though they should be so fortunate as to gain estates, + could never be of any use as the representatives of a borough; and to + what purpose should those men be advanced, who can only serve their + country, but can contribute very little to the support of the court? +</p> +<p> + This is, I own, sir, an objection, which I despair of answering to the + satisfaction of those by whom it will be raised. The hardy serjeant + would never cringe gracefully at a levee, would never attain to any + successful degree of address in soliciting votes; and if he should by + mere bribery be deputed hither, would be unable to defend the conduct of + his directors. +</p> +<p> + In vindication of the present scheme, I believe few of those rugged + warriours would find many arguments; they would not recommend to the + nation a troop of boys, under the command of boys, as the most proper + forces to be sent to make conquests in distant countries, nor would + imagine, that unskilful soldiers could, under the direction of officers + equally ignorant with themselves, attain the knowledge of their duty in + the same time as if they were incorporated with regular troops, in which + every man might receive instructions, and learn his business from his + comrade. +</p> +<p> + I had lately, sir, the opportunity of hearing the opinion of one of the + greatest generals in the world, on this subject, who declared, with the + utmost confidence of certainty, that raw troops could be disciplined in + a short time, only by being incorporated with those that had been + already taught their duty, and asserted, that with an army so mixed, he + should think himself sufficiently enabled to meet any forces of the same + number, and should not fear to acquit himself successfully, either in + attacking or defending. +</p> +<p> + Such are the sentiments of this great man, to whom I know not whether + any name can be opposed that deserves equally to be reverenced. He has + had the honour of defending the rights of his country in the senate as + well as in the field, has signalized himself equally in the debate and + in the battle, and, perhaps, deserves less regard for having hazarded + his life, than for having been divested of his employments. +</p> +<p> + Since, therefore, it is apparent that great numbers of officers are by + no means necessary to success in war, since they are dangerous to our + liberty in time of peace, since they are certainly expensive, and at + best not certainly useful; and since the greatest general of the present + age has declared, that our new levies ought to be mingled with our + standing forces, I shall think it my duty to vote against the present + scheme of raising new regiments, and shall agree to no other supplies + than such as may be sufficient for adding the same numbers to the + present army. +</p> +<p> + General WADE then spoke as follows:—Sir, though I cannot pretend to + pursue the honourable gentleman through the whole compass of his + argument, nor shall attempt to stand up as his rival, either in extent + of knowledge, or elegance of language, yet as my course of life has + necessarily furnished me with some observations relating to the question + before us, and my present station in the army may, in some measure, be + said to make it my duty to declare my opinion, I shall lay before the + house a few considerations, with the artless simplicity of a plain + soldier, without engaging in a formal debate, or attempting to overthrow + the arguments of others. +</p> +<p> + It is observed, sir, that for the greatest part, the farther any man has + advanced in life, the less confidence he places in speculation, and the + more he learns to rest upon experience, as the only sure guide in human + affairs; and as the transactions in which he is engaged are more + important, with the greater anxiety does he inquire after precedents, + and the more timorously does he proceed, when he is obliged to regulate + his conduct by conjecture or by deliberation. +</p> +<p> + This remark, sir, though it may be just with regard to all states of + life, is yet more constantly and certainly applicable to that of the + soldier; because, as his profession is more hazardous than any other, he + must with more caution guard against miscarriages and errours. The old + soldier, therefore, very rarely ventures beyond the verge of experience, + unless in compliance with particular accidents, which does not make any + change in his general scheme, or in situations where nothing can + preserve him but some new stratagem or unprecedented effort, which are + not to be mentioned as part of his original plan of operation, because + they are produced always by unforeseen emergencies, and are to be + imputed, not to choice, but to necessity; for, in consequence of my + first principle, an old soldier never willingly involves himself in + difficulties, or proceeds in such a manner as that he may not expect + success by the regular operations of war. +</p> +<p> + It will not, therefore, be strange, if I, who, having served in the + army, in the wars of king William, may justly claim the title of an old + soldier, should not easily depart from the methods established in my + youth; methods of which their effects have shown me, that they at least + answer the intention for which they were contrived, and which, + therefore, I shall be afraid of rejecting, lest those which it is + proposed to substitute in their place, however probable in speculation, + should be found defective in practice, and the reasonings, which, + indeed, I cannot answer, should be confuted in the field, where + eloquence has very little power. +</p> +<p> + The troops of Britain, formed according to the present establishment, + have been found successful; they have preserved the liberties of Europe, + and driven the armies of France before them; they have appeared equally + formidable in sieges and in battles, and with strength equally + irresistible have pressed forward in the field, and mounted the breach. + It may be urged, that this vigour, alacrity, and success, cannot be + proved to have been produced by the number of officers by whom they were + commanded; but since, on the contrary, it cannot be shown that the + number of officers did not contribute to their victories, I think it not + prudent to try the experiment, which, if it should succeed, as it + possibly may, would produce no great advantage; and if it should fail, + and that it may fail no man will deny, must bring upon us, not only the + expense which we are so solicitous to avoid, but disgrace and losses, a + long interruption of our trade, and the slaughter of great numbers of + our fellow-subjects. +</p> +<p> + Thus far, sir, I have proceeded upon a supposition that the balance of + argument is equal on both sides, and that nothing could be alleged on + one part but experience, or objected to the other but the want of it; + but as I am now called to declare my opinion in a question relating to + my profession, a question of great importance to the publick, I should + think that I had not discharged my duty to my country with that fidelity + which may justly be exacted from me, if I should omit any observation + that my memory may suggest, by which the house may be better enabled to + proceed in this inquiry. +</p> +<p> + I think it, therefore, proper to declare, that we not only, in the last + great war, experienced the usefulness of numerous officers, but that we + have likewise felt the want of them on a signal occasion, and that the + only great advantage which our enemies obtained, was gained over an army + rendered weak by the want of the usual number of officers. Such were the + forces that were defeated at the fatal battle of Almanza, by which + almost all Spain was recovered from us. And it is, sir, the opinion of + very skilful commanders, that the Germans, only by having fewer officers + than the French, did not succeed in those long and obstinate battles of + Parma and Guastalla. +</p> +<p> + It is, indeed, natural to imagine, that a greater number of officers + must promote success, because courage is kindled by example, and it is, + therefore, of use to every man to have his leader in his view. Shame, at + one time, and affection at another, may produce the effects of courage + where it is wanted, and those may follow their commander, who are + inclined to desert their duty; for it is seldom known that, while the + officers appear confident, the soldiers despair, or that they think of + retreating but after the example of their leaders. +</p> +<p> + Where there are only few officers, it is apparent that more is left to + chance, in which it becomes not a wise man to place any confidence; for + if the officers are killed at the beginning of the action, the soldiers + must become an useless, defenceless herd, without order, without + unanimity, and without design; but by the present method, if an officer + happens to fall, his place is immediately supplied by another, the + action goes forward, and the enemy receives no advantage from confusion + or delay. +</p> +<p> + I am, therefore of opinion, that in raising troops for the expedition + now intended, the established method ought to be followed, and that we + ought not to hazard the success of our attempt by new regulations, of + which no human sagacity can fortell the event. +</p> +<p> + Though it cannot be denied, that some addition might be made to our + companies without any visible or certain inconvenience, yet the + augmentation now intended is too numerous to be so incorporated without + some neglect of discipline, as the officers would be charged with more + men than they could properly superintend. +</p> +<p> + There is, indeed, sir, another method of incorporation, by adding new + companies to each regiment; but of this method the advantage would be + small, because the number of captains and inferiour officers must be the + same, and the pay of only the field officers would be saved, and this + trifling gain would be far over-balanced by the inconveniencies which + experience has shown to arise from it. There have been regiments formed + of thirteen companies, instead of ten; but it was found, that as the + officers of a company may be over-charged with soldiers, a colonel may + likewise have more companies than he can conveniently inspect, and the + ancient regulation was restored, as the least liable to difficulties and + objections. +</p> +<p> + Having thus endeavoured to vindicate the manner in which our new troops + are proposed to be levied, it may be expected that I should now make + some observations on the service in which they are to be employed, which + I cannot think liable to any unanswerable objection. It is now, sir, in + our choice whether we will send the new regiments abroad or keep them at + home; and our choice may easily be determined by comparing the value of + our colonies with that of their mother country. If it be not necessary + to have any army here to defend us against insults and invasions, the + question about the manner of raising or employing new regiments is + superfluous, because none ought to be raised, as our old troops are + sufficiently numerous for foreign service. But if the security of the + nation requires an army, would it not be madness to send those troops to + a distant part of the world, in which we can confide most! Would not + those, who speak with such contempt of an expedition undertaken by boys, + have a better reason for their censure, if only boys were stationed on + our coasts to repel the veterans of France? Would not such measures + animate our enemies, and invite an invasion? +</p> +<p> + It may, perhaps, be urged farther, that the troops which are sent into + America, are more likely to succeed in their design, than any regiment + of ancient establishment. The chief danger to be feared in that part of + the world, is not from the enemy but the climate, with which young men + are most able to contend, though they may not be equally qualified for + attempts in which skill is equally necessary with vigour. +</p> +<p> + I am convinced, sir, that this war has hitherto been prosecuted with + ardour and fidelity, and that no measures have been taken but such as + experience and reason have supported, and therefore affirm, without + scruple, that if we are not successful, our miscarriages must be imputed + to the chance of war, from which no prudence can exempt us. +</p> +<p> + Lord QUARENDON spoke next, in the following manner, being his first + speech:—Sir, having-but very lately had the honour of a seat in this + assembly, I am conscious how little I am acquainted with either the + subjects or forms of debate, and should, therefore, continue to listen + to the sentiments of persons more experienced, with silent veneration, + did I not observe with how much indulgence they are heard who mean well, + however deficient in knowledge, or in eloquence. +</p> +<p> + As the honourable gentleman who spoke last, sir, professes to have + formed his opinion rather from facts than arguments, I hope I shall be + indulged by the house, in an attempt to examine those facts which he has + produced, because I think them not sufficient to support his positions, + which must, therefore, be established by some other proofs, before a + decision of this question can be fixed by them. +</p> +<p> + With regard to his experience, to which undoubtedly no small degree of + veneration is due, he confesses that we have tried only one of the two + forms of establishment now in competition, and that, therefore, though + he has had reason to approve that with which he is most acquainted, he + has no certain proofs of the inefficacy or imperfection of the other. +</p> +<p> + But experience, sir, may be extended much farther than our own personal + transactions, and may very justly comprehend those observations which we + have had opportunities of making upon the conduct and success of others. + This gentleman, though he has only commanded in the armies of Britain, + has seen the forces of other nations, has remarked their regulations, + and heard of their actions with our confederates in the last war; he has + probably acted in conjunction, and though it is known that they differ + from us in the proportion of soldiers and officers, he has mentioned no + disadvantage which might be supposed to arise from their establishment, + and therefore, I suppose, he cannot deny that their behaviour and + success was the same with that of our own troops. +</p> +<p> + The battles of Almanza, Parma, and Guastalla, which he has particularly + mentioned, were lost, as he informs us, by armies not officered + according to the establishment which he recommends to us: but it is + observable that his argument is defective in an essential part; for + though he affirms that the armies which were defeated had fewer officers + than the enemy, he has neither shown, nor attempted to show, that the + want of officers occasioned the defeat, or that the loss would have been + prevented by a greater number. +</p> +<p> + These instances, therefore, can be of no effect on the determination of + the present question; for though it is certain that at Germany, and at + other places, armies with few officers have lost the battle, it is not + less common for those troops that are more liberally supplied, to be + overthrown by others which are differently modelled. +</p> +<p> + With regard, sir, to the troops of Germany, I have heard them praised, + in many parts of Europe, as not inferiour either to those of France, or + of any other nation, and have been informed, that their ill success, + both at Parma and Guastalla, may be justly imputed to other causes than + the want of officers. +</p> +<p> + There has, perhaps, sir, seldom been an example of firmness, discipline, + and resolution, beyond that which was shown by the Germans at the action + of Parma, where they attacked the trenches of the French, sustained the + fire of the ramparts of the city, and though they lost their + commander-in-chief and two others, towards the beginning of the action, + they continued the fight for eleven hours, and at last retired only at + the approach of night. +</p> +<p> + At Guastalla, sir, they attacked the French in their trenches, even with + forces inferiour in number, so far were they from any diffidence in the + form of their establishment; and after a fight of seven hours, in which + their loss was, under all their disadvantages, not greater than that of + their enemies, they retreated to their former camp unmolested and + unpursued. The French, sir, were preserved in both these battles, not by + the number of their officers, but by their situation, by woods, + cassines, ditches, and intrenchments. +</p> +<p> + Nor do I discover, sir, what can be inferred from his observation of the + influence of example in time of action, but that officers should be + selected with great care, and not be promoted by favour, or interest, or + caprice; for an example of cowardice in a leader must be pernicious, in + proportion as that of bravery is beneficial; and as, where more officers + are supposed necessary, there is less room for choice, it must be + allowed that the troops, which have more officers than other forces, are + in more danger of being infected with cowardice. +</p> +<p> + It appears, therefore, to me that the expense of the present + establishment is a certain evil, and that the advantages are very + doubtful: it appears that the present state of the nation requires + frugality, and, therefore, I shall vote for the incorporation of our new + levies with the old regiments. +</p> +<p> + By this incorporation, sir, our new-levied troops will be no longer + distinguished from our veterans; they will be equally acquainted with + discipline, and will learn, from the conversation of their associates, a + spirit of enterprise, and a contempt of danger; we may then employ + forces equally formidable in all parts of the publick service, and + invade the dominions of our enemies, without leaving our own country + desolate. +</p> +<p> + The arguments which the honourable gentleman has offered in defence of + sending our younger troops to America, which may likewise be used + against an incorporation, is, in my opinion, sir, far from being + conclusive; for it supposes, what will not be granted, that a cold + climate may be changed for a hotter with more safety by a young than an + old man. I have been told, on the contrary, that superabundant heat is + the great disease of youth, and that the want of it produces most of the + infirmities of age; and every one has known the lives of persons + languishing with age, prolonged by a removal into warm countries. I am, + therefore, of opinion, that the honourable gentleman's argument is + defective in all its parts, and hope that I shall not be charged with + obstinacy or perverseness for dissenting from him. +</p> +<p> + Mr. HOWE spoke next, in substance as follows:—Sir, before I engage in a + discussion of the question, I cannot but think it necessary to observe, + that the honourable gentleman who spoke the second in this debate, has + been very far from consulting either policy or justice in his + declamation, and that he deviated from the subject only to ridicule his + country, to exalt our enemies, and depress our efforts. +</p> +<p> + He has described, sir, the British youth, the sons of noble families, + and the hopes of the nation, in terms too contemptuous to be heard + without indignation; he has amused himself with displaying their + ignorance and their effeminacy, and has indulged his imagination in a + malignant kind of gaiety, which, however it may divert himself, is very + far from contributing either to the reformation or prevention of those + practices which he censures. +</p> +<p> + I believe, sir, it will be granted, that nothing ought to please but in + proportion to its propriety and truth; and, if we try the satire that we + have lately heard, by this test, it will be found to have very little + claim to applause; for our armies must be composed of the youth of the + nation; and, for my part, I cannot discover what advantage we shall gain + over the Spaniards, by informing them how little our troops are + accustomed to danger, how short a time they have been acquainted with + fatigue, how tenderly they have been nursed, how easily they may be + frighted, and how certainly they will be conquered, if they but meet + with opposition. +</p> +<p> + Nor, sir, is such an account of the youth of Britain more true, in my + opinion, than it is prudent. I am far from discovering any such + remarkable degeneracy in the age, or any great prevalence of cowardice + and unmanly delicacy; nor do I doubt of hearing that our youth, if they + are sent upon any expedition, have shown that the British courage is not + yet extinguished, and that, if they are ranged on the plains of America, + they will discover themselves the sons of those that forced those + passes, and those trenches, that other troops would have failed in + attempting. +</p> +<p> + That the degeneracy of the British youth, is, at least, not universal, + we have just now sir, received an incontestable proof from the gentleman + who spoke last, and spoke with so much elegance of language, and + justness of reasoning, as shows, that there are to be found, among the + youth of Britain, persons very well qualified for the senate; and I have + never heard that a post in the army required greater abilities. +</p> +<p> + The pleasure, however, with which I have attended to his remarks, has + not so far prejudiced me in favour of his opinion, as that I shall + easily consent to change that method of discipline, to which our troops + have been accustomed, and of which we know by experience, that it is, at + least, not less efficacious than that of any other nation. Customs, if + they are not bad, are not to be changed, because it is an argument in + favour of a practice that the people have experienced it, and approved + it, and every change is disagreeable to those who judge only by + prejudice, of whom I need not say how great is the number. +</p> +<p> + Many arguments may, sir, in my opinion, be added to our experience in + favour of the present establishment. The number of officers—but I find + myself unable to pursue my design, because I can no longer read my + notes, which, being written by another hand, somewhat embarrass me in + this decline of the light. I shall, therefore, only make some + observations upon the speech of the gentleman who spoke the second in + this debate, and hope that I shall be allowed to deviate from the + principal question, since I do it only in pursuit of another. +</p> +<p> + He has observed, that our troopers are mounted upon horses that are of + no use; a remark, sir, which I never heard from any other person, and + for which, I believe, no authority can be produced: they are mounted, + indeed, upon horses very different from those which are used by other + nations, because scarcely any other country breeds horses of equal size + and strength, and, therefore, I am informed that the French have + purchased horses from this island, and believe that all the cavalry of + Europe would be mounted upon our horses if they could procure them. I + have been informed, that their pressure in the shock of battle is such, + as no forces in the world are able to sustain; and that it was not less + by the strength of our horses than the spirit of our soldiers, that the + squadrons of France were, in the battle of Blenheim, pushed into the + Danube. +</p> +<p> + Nor do I less disapprove his censure of the choice which has been made + of the troops intended for the American service, which, though I + ardently desire its success, I cannot think of equal importance with the + defence of our own country; for though we may be disgraced by a defeat, + we can be endangered only by an invasion; and, therefore, I think it + necessary to retain those troops on which we may best rely for the + security of this island, lest our enemies should take the advantage of + their absence, and set the pretender on the throne. +</p> +<p> + Sir William YONGE next rose, and spoke to the effect following:—Sir, it + is a standing maxim, both in private life and public transactions, that + no man can obtain great advantages who is afraid of petty + inconveniencies; and that he that will hope to obtain his end without + expense, will languish for ever in fruitless wishes, and have the + mortification of seeing the adventurous and the liberal enjoy that + felicity, which, though it is within his reach, he is afraid of seizing. +</p> +<p> + When the depredations of the Spaniards became first the subject of our + debates, nothing was heard amongst us but threats of vengeance, demands + of reparation, assertions of sovereignty, and resolutions to obtain + security: the importance of our commerce, the necessity of rigorous + measures, the danger of pusillanimity, the meanness of negotiation, and + the disadvantages of delay, were thundered from every part of the house. + Every man seemed to imagine that there was no mean between victory and + ruin, and that not to humble Spain was to betray our country to insults, + ignominy, and slavery. +</p> +<p> + Far was I then, sir, from suspecting, that when the war, thus vehemently + urged, should be declared, that the prosecution of it would produce any + debates. I doubted not but that every man would be desirous of + signalizing his zeal for the prosperity of commerce, by expediting the + supplies, and forwarding the preparations; and that the only contention + among us would be, who should appear the most ardent enemy of Spain. +</p> +<p> + But no sooner are hostilities begun against this insolent and oppressive + nation, than those who expressed most resentment at the prudence and + moderation by which they were delayed, those that accused every attempt + for an accommodation, of cowardice, and charged the ministry with + conniving at the rapine of pirates, begin to inquire into the necessity + of the expenses occasioned by the war, to harangue on the advantages of + parsimony, and to think it of more importance to ease our taxes than to + subdue our enemies. +</p> +<p> + In pursuance of this new doctrine they are now endeavouring to embarrass + the measures of his majesty, that they may save, according to their own + computation, only thirty thousand pounds, which, in reality, I can + easily show to be no more than fifteen thousand. +</p> +<p> + For the sake of this important sum, our army is to be modelled by a new + regulation, and the success of the war is to be impeded, the security of + our commerce to be hazarded, and our colonies are to be endangered. +</p> +<p> + Frugality is, undoubtedly, a virtue, but is, like others, to be + practised on proper occasions: to compute expenses with a scrupulous + nicety, in time of war, is to prefer money to safety, and, by a very + perverse kind of policy, to hazard the whole for the preservation of a + part. +</p> +<p> + The gentlemen, sir, who have most endeavoured to distinguish themselves + as the constant opponents of the administration, have charged it, on all + occasions, with giving encouragement to the Spaniards, but can charge it + with nothing so likely to raise the confidence and confirm the obstinacy + of the enemy, as the objections which they themselves have made to the + present scheme of levying forces; for to how great a degree of poverty + must they believe that nation reduced, of which the warmest patriots + struggle to save a sum so inconsiderable, by an experiment of so much + uncertainty? And how easily will the Spaniards promise themselves, that + they shall gain the victory only by obliging us to continue in a state + of war, a state which, by our own confession, we are not able to + support? +</p> +<p> + Had any other argument, sir, been produced than the necessity of + parsimony, it had been less dangerous to have agreed to this new scheme; + but to adopt it only for the sake of sparing fifteen thousand pounds, + would be to make ourselves contemptible, to intimidate our allies, and + to unite all those against us, who are inclined to trample on misery, + and to plunder weakness. +</p> +<p> + I am inclined to judge so favourably, sir, of the intentions of those + whom I am now opposing, that I believe they have only used this + argument, because they were able to produce no other, and that if either + reason or experience had been on their side, the poverty of the nation + had not been mentioned. +</p> +<p> + But the honourable gentleman, who has been so long engaged in military + employments, has shown that all our success has been obtained by the + present establishment, and that the battle in which we suffered most, + was lost by our unfortunate deficiency of officers. +</p> +<p> + Nor do his reasons, sir, however modestly offered, deserve less regard + than his experience, for he has shown that a greater number of officers + naturally contribute to preserve discipline, and excite courage; and it + is not necessary that a man should be much a soldier to discover, that + discipline and courage united, must generally prevail. To the examples + which he has produced in favour of his opinion, it has been objected, + that victories equally wonderful have been gained with fewer officers, + and, by the honourable gentleman that spoke the second on this occasion, + the actions of Eugene were opposed to those of the duke of MARLBOROUGH. +</p> +<p> + That victories have been gained by troops differently regulated, I + cannot deny; victories have likewise been gained, sir, under every + circumstance of disadvantage; victories have been gained by inferiour + numbers, and by raw troops, over veteran armies, yet no prudent general + ever produced these instances as arguments against the usefulness of + discipline, or as proofs that superiority of numbers was no advantage. +</p> +<p> + The success of prince Eugene, in the late war, was far from convincing + the British general, that the German establishment was preferable to our + own; for he required that the Hessian troops, which were paid by + Britain, should be officered like our national troops. In this he could + be influenced only by his own opinion; for he neither nominated their + officers, nor could advance his interest at home by creating new posts + to which he did not recommend; he could, therefore, only regard the + success of the war, and changed their model only because he thought it + defective. +</p> +<p> + The Germans themselves, sir, are far from imagining that their armies + might not be made more formidable by approaching nearer to the British + methods; for one of their officers, a man of great reputation and + experience, has informed me, that they were convinced of their defect, + and that nothing hindered them from adding more officers, but the fear + of expenses; that they imputed all their defeats to the necessity of + parsimony, that their men wanted not courage but leaders, and that their + enemies gained advantages merely by the superiority of their opulence. +</p> +<p> + In the late war, it was common for the auxiliary troops, when they were + sent upon any expedition of importance, to be supplied with officers + either from their other regiments, or by the British forces; so + necessary did the duke of MARLBOROUGH think a larger number of officers + in time of action, that where he could not alter the establishment, he + deviated from the common methods of war, and transferred his officers + occasionally into troops over which they had no settled authority. +</p> +<p> + It is, therefore, most evident, sir, that the model on which our troops + are formed, was, by this great commander, preferred to that which is now + so warmly recommended, and I know not why we should recede from his + practice, if we are desirous of his success. +</p> +<p> + Nor can I discover, sir, any better method of selecting officers than + that which has of late been followed, however some may censure or + ridicule it. To advance gentlemen to command, seems to be the most + likely way to unite authority with rank, for no man willingly obeys + those to whom he has lately seen himself equal, or whose conduct in + lower stations he has, perhaps, had opportunities of examining too + nearly. +</p> +<p> + The distinction of birth, however chimerical in itself, has been so long + admitted, and so universally received, that it is generally imagined to + confer on one man an indelible and evident superiority over another, a + superiority, which those who would easily imagine themselves equal in + merit cannot deny, and which they allow more willingly, because, though + it be an advantage to possess it, to want it cannot be justly considered + as a reproach. +</p> +<p> + For this reason, sir, men cheerfully obey those to whom their birth + seems to have subjected them, without any scrupulous inquiries into + their virtue or abilities; they have been taught from their childhood to + consider them as placed in a higher rank than themselves, and are, + therefore, not disgusted at any transient bursts of impatience, or + sudden starts of caprice, which would produce, at least, resentment, + and, perhaps, mutiny, in men newly exalted from a low station. The more + attentively, sir, we look upon the world, the more strongly shall we be + convinced of the truth of these assertions, and the more evidently shall + we discover the influence which operates, in a degree scarcely credible, + even to those who have experienced its power, and which is, indeed, one + of the chief means of subordination, by which society is held together. +</p> +<p> + Nor are officers of birth, sir, to be preferred to men who are + recommended by nothing but military service, only because they are more + cheerfully obeyed, but for another reason of equal importance. It has + been observed, that, in reality, they discharge the duty of commanders + in a manner more likely to preserve dignity and increase reverence; that + they discover, on all occasions, a sense of honour, and dread of + disgrace, which are not easily to be found in a mind contracted by a + mean education, and depressed by long habits of subjection. +</p> +<p> + It is not, indeed, sir, universally and unvariably certain, that a man, + raised from meanness and poverty, will be insolent and oppressive; nor + do I doubt but there are many now languishing in obscurity, whose + abilities might add new lustre to the highest honours, and whose + integrity would very faithfully discharge the most important trust, and + in their favour, wherever they can be discovered, some exceptions ought + to be made; but as general rules are generally to be followed, as well + in military regulations as other transactions, it will be found, upon + the exactest inquiry, by no means improper to advance gentlemen to posts + of command rather than private sentinels, however skilful or courageous. +</p> +<p> + It is to be considered, sir, that the present state of the continent, + has for many years made it necessary to support an army, even when we + are not engaged in an actual war; that this army, though of late it has, + for the ease of the people, been sometimes encamped during the summer, + is, for the greatest part, quartered in towns, and mingled with the rest + of the community, but governed, at the same time, by the officers, and + subject to the martial law. It has often been observed by those who have + argued against standing forces, that this difference of government makes + different societies, which do not combine in the same interest, nor much + favour one another; and it is, indeed, certain, that feuds are sometimes + produced, that when any private quarrel happens, either by drunkenness + or accident, or claims really disputable, between a soldier and any + other, person, each applies for support and assistance to those in the + same condition with himself, the cause becomes general, and the soldiers + and townsmen are not easily restrained from blows and bloodshed. +</p> +<p> + It is true, likewise, that the rhetorick of the patriots has been so + efficacious, that their arguments have been so clamorously echoed, and + their weekly productions so diligently dispersed, that a great part of + the nation, as men always willingly admit what will produce immediate + ease or advantage, believes the army to be an useless burden imposed + upon the people for the support of the ministry; that the landlord, + therefore, looks upon the soldier as an intruder forced into his house, + and rioting in sloth at his expense; and the farmer and manufacturer + have learned to call the army the vermin of the land, the caterpillars + of the nation, the devourers of other men's industry, the enemies of + liberty, and the slaves of the court. +</p> +<p> + It is not to be supposed, sir, that the soldiers entertain the same + ideas of their profession, or that they do not conceive themselves + injured by such representations: they undoubtedly consider themselves as + the bulwark of their country, as men selected for the defence of the + rest of the community, as those who have engaged, at the hazard of their + lives, to repel invasion, and repress rebellion, and who contribute more + than their part to the general felicity, by securing property, and + preventing danger. +</p> +<p> + It is not to be doubted, sir, but sentiments so widely different, must + produce an equal contrariety of claims, and diversity of conduct: the + trader imagines, that the man who subsists upon the taxes which are + raised only from his labour, ought to consider himself as his inferiour, + at least, if not as his hireling and his servant; the soldier wonders + how he can ever conceive himself sufficiently grateful to him that has + devoted his life to his defence, and to whom he must fly for protection + whenever danger shall approach him, and concludes, that he has an + incontestable right to the better part of that, of which the + preservation of the whole depends upon him. +</p> +<p> + Thus does self-love magnify every man in his own eyes, and so + differently will men determine when each is to judge in his own cause. + Which of these competitors thinks most justly of his own station and + character, or whether both are not mistaken in their opinion, I think it + by no means necessary to decide. This, at least, is evident, that to + preserve peace and harmony between two bodies of men obliged to live + together with sentiments so opposite, there is required an uncommon + degree of prudence, moderation, and knowledge of mankind, which is + chiefly to be exerted on the part of the soldiers, because they are + subject to more rigorous command, and are more easily governed by the + authority of their superiours. +</p> +<p> + Let us suppose any dispute of this kind, sir, to happen where the + soldiers were commanded only by private sentinels, disguised in the + dress of officers, but retaining, what it cannot be expected that they + should suddenly be able to lay aside, the prejudices which they had + imbibed in the ranks, and all the ardour of trifling competition in + which their station had once engaged them. What could be expected from + their councils and direction? Can it be imagined that they would inquire + impartially into the original cause of the dispute, that they would + attend equally to the parties, endeavour, by mildness and candour, to + soften the malevolence of each, and terminate the dispute by some + addressful expedient, or decent accommodation? He, surely, must be very + little acquainted with the vulgar notions of bravery and honour, that + could form any hopes of such conduct. +</p> +<p> + The plain soldier, sir, has not accustomed himself to regulate his + motions by reason, nor has learned any more of honour, than that it + consists in adhering invariably to his pretensions, even though he + should discover that they are false; and in resenting affronts with the + utmost rigour, even when they were provoked by himself, he is taught, + that it is his business to conquer in whatever cause, and that to desist + from any of his attempts, or retract any of his assertions, is unworthy + of a man of honour. +</p> +<p> + Warm with such notions as these, sir, would such officers, as have been + recommended by the honourable gentleman, apply themselves to the + termination of differences? Without any knowledge of the laws of + society, without any settled ideas of the different rights of different + persons, they would have nothing in view but the honour of their + profession, nor endeavour to support it by any other method than that of + violence. If a soldier was affronted by a farmer, they would probably + lay his territories waste, and ravage his plantations like an enemy's + country; if another disagreed with his landlord, they would advise him + to <i>make good his quarters</i>, to invade the magazines of provision + without restraint, to force the barricadoes of the cellar, and to forage + in the stables without controul. +</p> +<p> + But gentlemen, sir, are proper judges of debates between the army and + the rest of the community, because they are equally related to both + parties, as men who possess or expect estates, or who are allied to + those whose influence arises from their property. As men bred in + affluence and freedom, and acquainted with the blessings of our + constitution, and the necessity of civil government, they cannot + willingly contribute to the increase of the military power, and as + members of the army they cannot but be desirous to support their own + rank, and to hinder their profession from sinking into contempt; it is, + therefore, their care to repress insolence on one part, and to prevent + oppression on the other, to stop dissensions in their beginning, and + reconcile all the different pretensions of Britons and soldiers. +</p> +<p> + I am, indeed, surprised, sir, to hear the promotion of serjeants + recommended by the honourable gentleman who has so often strained his + lungs, and exhausted his invention, to explain how much our constitution + is endangered by the army, how readily those men will concur in the + abolition of property who have nothing to lose, and how easily they may + be persuaded to destroy the liberties of their country, who are already + cut off from the enjoyment of them, who, therefore, can only behold with + envy and malevolence those advantages which they cannot hope to possess, + and which produce in them no other effects than a quicker sense of their + own misery. +</p> +<p> + Upon what principles, sir, any gentleman can form those notions, or with + what view he can so long and so studiously disperse them, it is his + province to explain; for the only reason that can be offered by any + other person for his incessant declamations, the desire of securing his + country from the oppression of a standing army, is now for ever + overthrown by this new proposal; which, if it were to be received, would + in a very few years produce an army proper to be employed in the + execution of the most detestable designs, an army that could be of no + other use than to gratify an ambitious prince, or a wicked ministry, as + it would be commanded, not by men who had lost their liberty, but by men + who never enjoyed it, by men who would abolish our constitution without + knowing that they were engaged in any criminal undertaking, who have no + other sense of the enjoyment of authority than that it is the power of + acting without controul, who have no knowledge of any other laws than + the commands of their superiours. +</p> +<p> + To men like these, sir, to men raised up from poverty and servility to + rank and power, to ignorance invested with command, and to meanness + elated with preferment, would any real patriot, any zealous assertor of + liberty, any inflexible enemy to the corruptions of the ministry, + consign the protection of his country, and intrust to these our + happiness, properties, and our lives? +</p> +<p> + Whether the honourable gentleman has changed any of the sentiments which + he has hitherto appeared to admit with regard to the army, whether this + new determination is only an instance of that inconsistency which is + scarcely to be avoided in the vindication of a bad cause, or whether he + was betrayed to it only by his hatred of the administration, which would + prompt him to recant his own advice, if it should happen to be approved, + I will not pretend to determine, but I must lament, on this occasion, + the entertainment which the house will lose, by the eternal cessation of + any harangues on the army, since he cannot now declaim on either part + without contradicting his former declarations. +</p> +<p> + Nor will the honourable gentleman find less difficulty in proving, that + justice, rather than policy, requires the promotion of Serjeants to + commissions. Military preferments are always at the disposal of the + crown, nor can any right be pretended to them, but such as arises from + the custom which has been generally followed in conferring them, which + is not only variable at pleasure, but has never been, at any time, + regularly observed. The order of rotation has been suffered sometimes to + proceed, because of two persons, otherwise equal, he that has served + longest may plead the most merit; but the plea of service has been + always overruled by birth or powerful recommendation. And though, sir, + it is natural for men disappointed to complain, yet as those officers, + whose preferment has been delayed, were not thought, in reality, to have + received any injury, their murmurs have been the less regarded. +</p> +<p> + It might be expected, sir, from a patriot, a lamenter of the degeneracy + of mankind, and an inflexible opponent of corruption, that he should + consider rather facts than persons, that he should regulate his decision + by the unvariable principles of reason and justice, and that, therefore, + he should not applaud at one time what he condemns at another. +</p> +<p> + But this gentleman seems to have established some new maxims of conduct, + and, perhaps, upon new notions of morality; for he seems to imagine, + that his friends may seize, as their right, what his adversaries cannot + touch without robbery, though the claim of both be the same. +</p> +<p> + It is well known, sir, to the whole army, that a noble person, whose + abilities are so loudly celebrated, whose virtues are so liberally + praised, and whose removal from his military employments is so solemnly + lamented as a publick calamity, obtained his first preferments by + pretensions very different from military merit, and that at the age only + of seventeen, a time of life in which, whatever might be his abilities, + very little prudence or experience could be expected, he was advanced to + the command of a regiment, and exalted above many officers whose known + bravery and frequent hazards entitled them to favour. +</p> +<p> + I do not assert that he was undeservedly promoted, or condemn those who + either solicited or granted his commission; I maintain only, that what + was then reasonable and just, is not now either iniquitous or + ridiculous, and different persons in the same circumstances have a right + to the same treatment. +</p> +<p> + In the reign of queen Anne, a reign, sir, which every Briton recollects + with so much satisfaction, and which will for ever afford examples of + the wisest councils, and most successful wars, when new regiments were + to be raised, it was far from being thought necessary to observe this + gentleman's favourite method of rotation; posts were filled, not with + the officers of other regiments, that room might be left for the + promotion of serjeants, but with gentlemen who had never seen a battle, + or learned any part of the military discipline. +</p> +<p> + But though, sir, the regulation of our army be thus violently attacked, + the greatest crime of the ministry is, in this gentleman's opinion, that + of levying new troops, when we have no employment for our standing + forces, of laying unnecessary impositions upon the nation, and alarming + with the fears of an invasion, only that the army might be increased. +</p> +<p> + On this head, sir, a declaration of the duke of MARLBOROUGH has been + produced, with a great pomp of circumstances, and such a seeming + accuracy of narration, that the attention of the house was engaged, and + the account was received with all the solemnity of universal silence, + and with the veneration due to so high an authority in a question of so + much importance. +</p> +<p> + The subject is, indeed, so worthy of regard, that I think, sir, every + man ought to contribute to its elucidation, and, therefore, I take the + liberty of adding to the honourable gentleman's relation, what I hope + will be heard with equal curiosity, the method by which that great + commander proposed to put a stop to an invasion with so small a number. +</p> +<p> + He was very far, sir, from imagining that he should be able to repel + them by open force, he was far from being so confident of his + superiority in military skill, as to imagine that he should defeat them + by stratagem, and, therefore, he designed, by burning the villages, and + destroying the country, to deprive them of the means of subsistence, and + harass them with famine; to hover at a distance, and cut off those + parties which necessity should force out to forage, till a body of + troops could be assembled sufficient to overthrow them in a battle, or + to drive them back to their ships. +</p> +<p> + Such was the scheme, sir, as I have been informed, of this great man, + nor, perhaps, can any other be struck out by human abilities, where + greater numbers are to be opposed by smaller. But this scheme, though + preferable, in the last extremities, to slavery, is such as cannot be + mentioned without horrour, and of which the execution ought to be + avoided by every expedient that can be practised without the danger of + our liberties. We ought, certainly, not to reject a nauseous medicine, + by which that health is preserved, which, if lost, can only be restored + by the amputation of a limb. +</p> +<p> + As it was, therefore, necessary, sir, to secure our coasts from an + invasion, it was necessary to raise new troops for the American + expedition; nor did this method produce any delay, for the regiments + were completed a long time before the ships of war and the transports + were ready to convoy and receive them, nor could the utmost ardour and + diligence despatch them sooner from our coasts. +</p> +<p> + The ships, sir, were, by the violence of a frost, scarcely exampled, + retained, for a long time, in the harbours, without a possibility of + being put to sea; when they were all assembled at the place appointed + for their conjunction, they waited for a wind; all the delay that can be + objected, was produced by the seasons, of which the regulation was in no + man's power. +</p> +<p> + But the time, sir, which was unwillingly spent in the camp, was not, + however, lost or misemployed, for the troops were, by the order of the + general, every day exercised, and instructed in the art of war, so that + what was lost in time, was more than recompensed by the advantage of + better discipline. +</p> +<p> + Nor did these troops appear an herd so ignorant and contemptible, as + they have been represented by malicious invectives and ludicrous + descriptions; there were not, indeed, among them many grey-headed + warriours, nor were their former campaigns and past exploits the + subjects of their conversation; but there was not one amongst them who + did not appear ready to suffer, in the cause of his country, all that + the most hardened veteran could undergo, or whose alacrity and eagerness + did not promise perseverance in the march, and intrepidity in the + battle. +</p> +<p> + Their general, sir, who saw them pursue their exercises, declared how + much he was satisfied with their proficiency, applauded their + appearance, and expressed his confidence in their courage; nor do I + doubt, but our enemies will find, that it is not necessary to send out + our most formidable forces to humble them, and that the youth of Britain + will compensate their want of experience by their courage. +</p> +<p> + If I, sir, have been drawn aside from the present question, it is by + following, perhaps, with an exactness too scrupulous, the honourable + gentleman, whose propositions I have now shown to be erroneous, and + whose reproaches will, I believe, now appear rather the effects of + disappointment than of zeal, and, therefore, I think it now necessary to + return to the business before us, the consideration of the present + establishment, from which, as it was approved by the duke of + MARLBOROUGH, and has been defended with very strong arguments, by one of + the most experienced officers of this time, I cannot think it safe or + prudent to depart. +</p> +<p> + Mr. GRENVILLE spoke next, to the following effect:—Sir, as a noble + person has been frequently hinted at in this debate, to whom my relation + is well known, and whom, as I know him well, I have the strongest + motives to reverence and honour, I cannot forbear to give, on this + occasion, an attestation which he will be allowed to deserve by all + those whom interest has not blinded, and corruption depraved. +</p> +<p> + It will be allowed, sir, that he is one of those who are indebted for + their honours only to merit, one whom the malice of a court cannot + debase, as its favour cannot exalt; he is one of those whose loss of + employments can be a reproach only to those who take them from him, as + he cannot forfeit them but by performing his duty, and can only give + offence by steady integrity, and a resolution to speak as he thinks, and + to act as his conscience dictates. +</p> +<p> + There are, sir, men, I know, to whom this panegyrick will seem romantick + and chimerical, men, to whom integrity and conscience are idle sounds, + men, who are content to catch the word of their leader, who have no + sense of the obligation of any law but the supreme will of him that pays + them, and who know not any virtue but diligence in attendance, and + readiness in obedience. +</p> +<p> + It is surely, sir, no loss to the noble person to be debarred from any + fellowship with men like these. Nothing can be more unpleasing to virtue + than such a situation as lays it under a necessity of beholding + wickedness that cannot be reformed; as the sight of a pesthouse must + raise horrour, though we should suppose the spectator secure from the + contagion. +</p> +<p> + Mr. ORD spoke next, in substance as follows:—Sir, as I cannot approve + the scheme now proposed, for augmenting our forces, I shall endeavour to + show why the arguments, by which it has hitherto been supported, have + failed to convince me, and shall lay before the house some reasons + against it, to which I shall expect an answer, before I shall think that + I can agree to it, without squandering the money of which my + constituents have intrusted me with the disposal. +</p> +<p> + The argument, sir, with which this motion was introduced, which is, + indeed, the strongest that has yet been offered, was, that this estimate + is less expensive than one that was laid before the house in a late + reign, and that, therefore, it could not reasonably be charged with + extravagance. +</p> +<p> + Let us now consider this argument with that care which is required by + the importance of the question, let us inquire what consequences will + follow from it, and to what previous suppositions it must owe its force. +</p> +<p> + The argument, sir, evidently supposes that the estimate in king + William's reign was drawn up without any intention to deceive the house, + or to raise money for purposes different from those for which it was + really expended. But if we suppose that estimate to be fraudulently + calculated, this may contain the same fallacies in a lower degree, and + the only merit that can be claimed by the authors of it, will be, that + they are not the most rapacious plunderers of their country, that, + however they may be charged with profusion of publick money, they are + yet more modest than some of their predecessors. +</p> +<p> + But it is known, sir, that in king William's reign, very few estimates + were honestly computed; it is known that the rotation of parties, and + fluctuation of measures, reduced the ministry to subsist upon artifices, + to amuse the senate with exorbitant demands, only that they might obtain + the necessary grants, and to pretend expenses which never were incurred, + that the supplies which the publick affairs really required, might not + be withheld; as fraudulent tradesmen fix immoderate prices, that the + buyer may make offers proportionate to their demands. +</p> +<p> + The estimates, therefore, of that reign are of very little authority, + though they might sometimes pass the house without censure; for it is to + be considered, that by the frequency of new elections, the greatest part + of the members were often unacquainted with the state of publick + accounts, and that an army was so little known to this kingdom, that the + true expense of it might easily be concealed. +</p> +<p> + Nor is this, sir, the only fallacy of this argument; for it supposes, + likewise, that the nation is no less wealthy than in the time when that + computation was offered, with which this is so triumphantly compared. + For every man knows that publick as well as private expenses are to be + proportioned to the revenue by which they are supplied, and that the + charges which are easily supported at one time, may threaten ruin at + another. +</p> +<p> + But unhappily, sir, it is evident, that, since the days of that + sovereign, the nation has been exhausted by a long and wasteful war, and + since, by a peace equally destructive, it is embarrassed with an + enormous debt, and entangled in treaties, of which the support may call + every day for new expenses; it has suffered since that time a thousand + losses, but gained no advantage, and yet the expenses of that time are + mentioned as an example to be compared with those which are proposed in + this. +</p> +<p> + The difference of the condition of the British nation at those two + periods of time, sir, is not less than that of the strength of the same + man in the vigour of youth and the frigidity of old age, in the flush of + health and the languor of disease, of the same man newly risen from rest + and plenty, and debilitated with hunger and fatigue. +</p> +<p> + To make such a comparison, sir, betrays, at least, a very criminal + insensibility, of the publick misery, if it may not be charged with + greater malignity. I know not whether those who shall hear of this + debate, may not impute such reflections rather to cruelty than + negligence, and imagine that those who squander the treasure of the + nation take pleasure in reproaching that poverty which their counsels + produce, and indulge their own vanity by contemplating the calamities + from which they are themselves secure, and to which they are indebted + for opportunities of increasing their own fortunes, and gratifying their + ambition. It is evident, that an estimate which requires less than that + which has been mentioned, may yet exact more than the nation can now + raise, without feeling too great inconveniencies to be compensated by + the advantages which can be expected from our new forces. Nor is it + sufficient that it is lower than those of former times; for, as it ought + to be the care of the government to preserve the ease and happiness of + the people, it should be reduced in proportion to the diminution of the + national wealth. +</p> +<p> + The right honourable gentleman confesses, sir, that frugality is a + virtue, and his argument supposes that to contract expenses is an + argument of prudent measures; why then is he afraid of carrying virtue + to a greater height, of making the burden still more light, and + preferring the cheapest estimate that can be proposed, when it is + asserted by those whose authority is most worthy of regard, that it will + produce no weakness in our troops, nor give our enemies any superiority? +</p> +<p> + I do not pretend any other skill in military affairs, than may be gained + by casual conversation with soldiers, and by a cursory observation of + daily occurrences; but I speak with greater confidence on this occasion, + because I do not think any other qualifications necessary for the + determination of this question, than a habit of just reasoning, and + freedom from the prejudices of interest. +</p> +<p> + Every man knows, sir, without a military education, that it is imprudent + to purchase any thing at a greater price which may be procured at a + less, and that when the same sum will buy two things, of which one is + evidently preferable to the other, the best ought to be chosen. +</p> +<p> + If the application of either of these two positions will decide this + controversy, there will be no need of recurring to experience, of citing + the authority of foreign commanders, of comparing the actions of the + German and British generals, or of inquiring how battles have been lost, + or to what victories are to be ascribed. +</p> +<p> + It is evident, sir, that the scheme now proposed, is twice as costly as + that which is recommended in opposition to it, and therefore, unless it + will produce twice the advantage, it must be acknowledged to be + imprudently chosen. The advantage in war, is to be rated by comparing + the strength of different numbers in different circumstances, and + inquiring what degree of superiority will be found. +</p> +<p> + If we suppose, sir, two bodies of men, equally armed and disciplined, + opposed to each other without any advantage of situation, we must + conceive that neither party could be conquered, that the balance of the + day must remain equal, and that the contest would continue undecided. +</p> +<p> + It cannot be objected to this supposition, sir, that no such event is + recorded in history, because in war many causes really act which cannot + be estimated; one army may consist of soldiers more courageous, and more + confident in the justice of their cause; unforeseen accidents may + operate, orders may be mistaken, or leaders may be misinformed; but all + these considerations are to be set aside in speculation, because they + may equally be alleged on either part. +</p> +<p> + Two bodies of men, sir, equally numerous, being, therefore, supposed + equal, it is to be inquired how either may be superiour to the other. It + is proposed, on one part, to produce this effect by doubling the number + of officers rather than increasing that of the soldiers; on the other, + to double the soldiers under the same officers, the expense being the + same of both methods. +</p> +<p> + When two armies, modelled according to these different schemes, enter + the field, what event can be expected? Either five thousand men, with a + double number of officers, must be equal to ten thousand, differently + regulated, or the publick has paid more for assistance of the officers + than its real value, and has chosen, of two methods equally expensive, + that which is least efficacious. +</p> +<p> + This, sir, is the state of the question now before us; our present + deficiency is not of men but money, and we may procure ten thousand men + regulated like the foreign troops, at the same expense as five thousand + in the form proposed; but I am afraid that no man will be found to + assert, that the addition of officers will be equivalent to a double + number of soldiers. +</p> +<p> + Thus it is evident, sir, evident to demonstration, that the most + expensive method is, at the same time, the least advantageous, and that + the proposal of new regiments is intended to augment the strength of the + ministry rather than of the army. +</p> +<p> + If we suppose, sir, what is more than any foreigner will grant, that the + additional officers raise a body of five thousand men to an equality + with six thousand, is not the pay of four thousand men apparently thrown + away? And do not the officers receive a reward which their service + cannot deserve? Would it not be far more rational to raise seven + thousand, by which our army would be stronger by a seventh part, and as + the pay of three thousand would be saved, the publick would be richer by + almost a third. +</p> +<p> + Surely, sir, numerical arguments cannot but deserve some consideration, + even from those who have learned by long practice to explain away mere + probability at pleasure, to select the circumstances of complicated + questions, and only to show those which may be produced in favour of + their own opinions. +</p> +<p> + In the present question, sir, there is very little room for fallacy; nor + do I see what remains to the decision of it, but that those gentlemen + who have been acquainted with military operations, inform us, what + degree of superiority is conferred by any assignable number of officers; + that we may compare their service with the price, and discover whether + the same money will not purchase greater advantages. +</p> +<p> + The experience of the late war may evince, sir, that those troops which + have the greatest number of officers are not always victorious; for our + establishment never admitted the same, or nearly the same number with + that of the French, our enemies; nevertheless, we still boast of our + victories; nor is it certain that we might not have been equally + successful, though the number of our officers had been yet less. +</p> +<p> + Foreigners, sir, are very far from discovering the defect of their own + establishment, or imagining that they should become more formidable by + imitating our methods. When I travelled, I took opportunities of + conversing with the generals of those nations which are most famous for + the valour of their troops, and was informed by them, that they thought + a multitude of officers by no means useful, and that they were so far + from desiring to see their own regulation changed, that they should make + no scruple of recommending it to other nations, who, in their opinion, + squandered their treasure upon useless commissions, and increased the + calamities of war by unnecessary burdens. +</p> +<p> + I hope no man will think it sufficient to reply to these arguments with + general assertions, or will deny the necessity of frugality, and extol + the opulence of the nation, the extent of our commerce, and the + happiness of our condition. Such indeed, sir, is the method of + argumentation made use of by the hireling scribblers of the court, who, + because they feel none of the publick calamities, represent all + complaints as criminal murmurs, and charge those with sedition who + petition only for relief. Wretches like these would celebrate our + victories, though our country should be overrun by an invader, would + praise the lenity of any government by which themselves should be + spared, and would boast of the happiness of plenty, when half the people + should be languishing with famine. +</p> +<p> + I do not suppose, sir, that the despicable sophistry of prostitutes like + these has any effect here, nor should I have thought them worthy of the + least notice, had it not been proper to inquire, whether those may not + be justly suspected of some inclination to deceive, even in this + assembly, by whom the most profligate of mankind are openly paid for the + promulgation of falsehood, and the patronage of corruption. +</p> +<p> + It is indeed, sir, artful, in those who are daily impairing our honour + and influence, to endeavour to conceal from the people their own + weakness, that weakness which is so well known in foreign countries, + that every nation is encouraged to insult us, and by which it may + reasonably be imagined that new enemies will, in a short time, be + raised. +</p> +<p> + The late changes in our military regulations have, indeed, taken away + all the terrour of our arms; those troops are now no longer dreaded, by + which the liberties of Europe were recovered, and the French reduced to + abandon their schemes of universal empire, for the defence of their own + country, because the officers by whom they were formerly conducted to + glory and to victory, are now dismissed, and men advanced to their + posts, who are neither feared nor known. +</p> +<p> + When the duke of ARGYLE was lately deprived of his command, the + Spaniards could not conceal their satisfaction; they bestowed, however + unwillingly, the highest panegyrick upon his bravery and conduct, by + showing that he was the only Briton of whom they were afraid. Nor did + their allies, the French, discover less exultation; for by them it was + declared, that the nation was now disarmed, that either no war was + intended, or that none could be successfully prosecuted, since, as they + made no scruple to assert, though I know not whether I ought to repeat + it, we have no other man capable of commanding armies, or conducting any + great design. +</p> +<p> + I am informed that this illustrious warriour, whose abilities are + sufficiently attested by these enemies, that have felt their prevalence, + is of opinion, that the number of officers now required is not + necessary, and has declared that he should with equal confidence + undertake either invasion or defence, with forces modelled after the + German custom; and since I have shown, that, unless the troops so + regulated, are equivalent to a double number, added to the standing + regiments, part of the expense of the officers is evidently squandered, + I shall vote against the motion, unless it be proved, which I believe + will not be attempted, that the force of a regiment is doubled by + doubling the officers. +</p> +<p> + General WADE then spoke, to the purpose following:—Sir, the learned + gentleman who spoke last, must be acknowledged to have discovered a very + specious method of reasoning, and to have carried his inquiry as far as + speculation without experience can hope to proceed, but has, in my + opinion, admitted a false principle, by which all his argument has been + perplexed. +</p> +<p> + He supposes, that the advantages must be always in proportion to the + money expended in procuring them, and that, therefore, if five thousand + men, raised at any given cost, will be equal to five thousand, they + ought, if they are regulated according to an establishment of double the + charge, to be able to encounter ten thousand. +</p> +<p> + But in this supposition, sir, he forgets that the possibility of loss is + to be thrown into the balance against the advantage of the expense + saved, and that though the strength of the troops be not increased in + proportion to the increase of the cost, yet the additional security + against a great loss may justly entitle the most expensive regulation to + the preference. +</p> +<p> + Suppose five thousand men to be brought into the field against six + thousand; if they can, by multiplying their officers at a double + expense, be enabled to engage successfully a body superiour in number by + only a sixth part, the nation may be justly said to gain all that would + have been lost by suffering a defeat. +</p> +<p> + That we ought not to choose a worse method when we can discover a + better, is indisputably true, but which method is worse or better, can + be discovered only by experience. The last war has taught us, that our + troops in their present establishment are superiour to the forces of + France, but how much they might suffer by any alteration it is not + possible to foresee. +</p> +<p> + Success is gained by courage, and courage is produced by an opinion of + superiority; and it may easily be imagined, that our soldiers, who judge + of their own strength only by experience, imagine their own + establishment and discipline advanced to the highest perfection; nor + would they expect any other consequences from an alteration of it, but + weakness and defeats. It is, therefore, dangerous to change the model of + our forces, because it is dangerous to depress the spirit of our + soldiers. +</p> +<p> + Though it is confessed, sir, that the French, whose officers are still + more numerous, have been conquered by our troops, it must be likewise + alleged, that they had yielded us far easier victories had their + officers been wanting; for to them are they indebted for their conquests + wherever they have been successful, and for their resistance wherever + they have been with difficulty defeated; their soldiers are a spiritless + herd, and were they not invigorated by the example of their leaders, and + restrained by the fear of instant punishment, would fly at the approach + of any enemy, without waiting for the attack. +</p> +<p> + I cannot, therefore, sir, but be of opinion, that the necessity of a + large number of officers, may be learned even from the behaviour of + those troops which have been unsuccessful, since it is certain, that + though they have been often overcome, they have generally resisted with + great steadiness, and retired with great order. +</p> +<p> + If those, who are only speculative warriours, shall imagine that their + arguments are not confuted, I can only repeat what I declared when I + first attempted to deliver my sentiments in this debate, that I do not + pretend to be very skilful in the arts of disputation. I, who claim no + other title than that of an old soldier, cannot hope to prevail much by + my oratory; it is enough for me that I am confident of confuting those + arguments in the field, which I oppose in the senate. +</p> +<p> + Mr. FOX spoke next, in this manner:—Sir, I am far from thinking that + this question has been hitherto fully explained by those who have either + considered it only as a dispute about money, or a question merely + speculative concerning the proportions between different degrees of + expense, and probability of success. In a war of this kind, expense is + the last and lowest consideration, and where experience may be + consulted, the conjectures of speculation ought to have no weight. +</p> +<p> + The method, sir, by which our troops have hitherto been regulated, is + well known to have produced success beyond our expectations, to have + exalted us to the arbitration of the world, to have reduced the French + to change their threats of forcing a monarch upon us, into petitions for + peace, and to have established the liberties of almost every nation of + the world that can call itself free. +</p> +<p> + Whether this method, sir, so successful, so easy, and so formidable, + shall be changed, whether it shall be changed at a time when the whole + continent is in commotion, and every nation calling soldiers to its + standard; when the French, recovered from their defeats, seem to have + forgotten the force of that hand that crushed them in the pride of + victory; when they seem to be reviving their former designs, and + rekindling their extinguished ambition; whether, at such a time, the + regulations of our army shall be changed to save, upon the highest + computation, only thirty thousand pounds, is the present question. +</p> +<p> + On such a question, sir, I cannot observe, without astonishment, any man + deliberating for a single moment. To suspend our opinion in this case, + would be to balance our lives, our liberties, our patrimonies, and our + posterity, against thirty thousand pounds. +</p> +<p> + The effects of our present method, sir, are well known to ourselves, our + confederates, our enemies, to every man that has heard the name of + Blenheim and Ramillies; the consequences of the establishment, now + contended for, our most experienced commanders own themselves unable to + foresee, and I am far from believing that theoretical disquisitions can + enable any man to make great discoveries in military affairs. +</p> +<p> + Our own inexperience of the method which is so warmly recommended, is + not the strongest objection to it, though even this ought, in my + opinion, to restrain us from trying it at this hazardous conjuncture. + But since arguments, merely negative, may be thought over-balanced by + the prospect of saving money, I shall lay before the house, what effects + the want of officers has produced, with regard to those nations whose + poverty has laid them under a necessity of parsimonious establishments. +</p> +<p> + When the Germans were defeated by the French, in the late war, I was at + the Sardinian court, where the battle was, as it may easily be supposed, + the reigning subject of conversation, and where they did not want + opportunities of informing themselves minutely of all the circumstances + which contributed to the event; it was there, sir, universally + determined, that the Germans lost the day merely for want of officers. +</p> +<p> + It was observed also, sir, that some troops, which were once courted and + feared by all the neighbouring potentates, had lost their reputation in + later times, of which no reason could be alleged, but that they had + lessened the number of their officers; such is the change in the model + of the Walloons, and such is the consequence produced by it. +</p> +<p> + I am very far, sir, from thinking, that reason is not to be consulted in + military operations, as in other affairs, and have no less satisfaction + than the learned gentleman who spoke last but one, in clear and + demonstrative deductions; but in this question, reason itself informs + me, that regard ought only to be had to experience, and that authority + unsupported by practice, ought to have no prevalence. +</p> +<p> + I shall, therefore, sir, make no inquiry into the abilities of the + generals, by whom these contrary opinions are defended, nor draw any + parallel between their actions or their knowledge. It is sufficient for + me that the one is proposing a new scheme, and that the opinion of the + other can plead the practice of king William, and the duke of + MARLBOROUGH, and the success of the last war. +</p> +<p> + Yet, sir, if parsimony be a virtue at this time so eminently necessary, + it may be urged in favour of this estimate, that it will be less + expensive than those that have been formerly offered, and that as all + changes ought to be gradual, this may be considered as the first step + towards a general reduction of the publick charge. +</p> +<p> + Mr. HEATHCOTE spoke to the following purpose:—Sir, it is not without + astonishment, that I heard the honourable gentleman who spoke lately, + conclude his remarks with an attempt to renew our apprehensions of the + pretender, a chimerical invader, an enemy in the clouds, without spirit, + and without forces, without dominions, without money, and without + allies; a miserable fugitive, that has not a friend in this kingdom, or + none but such as are exasperated by those whom the men that mention him + with so much terrour are attempting to vindicate. +</p> +<p> + The vanity, sir, of such fears, the folly of admitting them, if they are + real, and of counterfeiting them, if they are false, has been + sufficiently exposed in this debate, by my honourable friend; but as he + thought it unnecessary to employ arguments in proof of what cannot be + denied, and believed it sufficient to ridicule a panick which he + supposed merely political, I, who judge, perhaps, more favourably of the + sincerity of some, and more tenderly of the cowardice of others, shall + endeavour to show, that the frequent revolutions which have happened in + this nation, afford us no reason for fearing another, equally sudden and + unforeseen in favour of the pretender. +</p> +<p> + The government, sir, is always stronger, as it is complicated with the + private interest of more individuals; because, though there are few that + have comprehension sufficient to discern the general advantage of the + community, almost every man is capable of attending to his own; and + though not many have virtue to stand up in opposition to the approach of + general calamities, of which every one may hope to exempt himself from + his particular share, yet the most sanguine are alarmed, and the most + indolent awakened at any danger which threatens themselves, and will + exert their utmost power to obviate or escape it. +</p> +<p> + For this reason, sir, I have long considered the publick funds + established in this nation, as a barrier to the government, which cannot + easily be broken: a foreign prince cannot now be placed upon the throne, + but in opposition almost to every wealthy man, who, having trusted the + government with his money, has reposited a pledge of his own fidelity. +</p> +<p> + But to this gentleman, sir, whom I am now answering, arguments can be of + very little importance, because, by his own confession, he is retained + as a mere machine, to speak at the direction of another, and to utter + sentiments which he never conceived, and which his hesitation and abrupt + conclusion shows him to admit with very little examination. He had not + even allowed himself time to know the opinion which he was to assert, or + to imprint upon his memory those arguments to which he was to add the + sanction of his authority. He seems to have boldly promised to speak, + and then to have inquired what he was to say. Yet has this gentleman + often declaimed here with all the apparent ardour of integrity, and been + heard with that regard which is only due to virtue and independence. +</p> +<p> + Some of his assertions are such, however, as require confutation, which + is, perhaps, more necessary since he has produced an authority for them, + which many of those who heard him may think of much greater weight than + his own. He affirms, that we can suffer only by an invasion, and infers + from this position, that we need only to guard our own coasts. I am of + an opinion very different, and having not yet prevailed upon myself to + receive notes from any other person, cannot forbear to speak what I + think, and what the publick prosperity requires to be generally known. + We may surely suffer by many other causes, by the ignorance, or + treachery, or cowardice of the ministry, by the negligence of that + person to whom this gentleman was probably indebted for his notes. We + may suffer by the loss of our sugar colonies, which may be justly valued + at ten millions. +</p> +<p> + These plantations, which afford us almost all the profitable trade that + is now left us, have been exposed to the insults of the enemy, without + any other guard than two ships, almost unfit for service. They have been + left to the protection of chance, with no other security, at a time when + the Spaniards had fitted out a squadron, to infest and ravage our + American dominions. +</p> +<p> + The admiral, who was sent into America, was confined for almost a year + in the ports, without forces, ships, or ammunition, which yet might have + been sent in a few months, had not pretences of delay been studiously + invented, had not the preparations been obstructed by clandestine + expedients, and had not every man been tacitly assured, that he should + recommend himself to his superiours, by raising difficulties, rather + than by removing them. +</p> +<p> + Such was the conduct of those who now stand up in the face of their + country, and, without diffidence or shame, boast of their zeal, their + assiduity, and their despatch; who proclaim, with an air of triumphant + innocence, that no art or diligence could have been more expeditious, + and that the embarkation was only impeded by the seasons and the winds. +</p> +<p> + With assertions equally intrepid, and arguments equally contemptible, + has the same person, who boasted his expedition, endeavoured to defend + the establishment of new regiments, in opposition to the practice of + foreign nations, and to the opinion of the greatest general among us; + and, to show how little he fears confutation, has recommended his scheme + on account of its frugality. +</p> +<p> + It is not to be wondered, sir, that such an orator should undertake to + defend the model of the troops sent to America, that he should prefer + boys to veterans, and assert the propriety of intrusting new levies to + unexperienced commanders; for he has given us in this debate such proofs + of controversial courage, that nothing can be now imagined too arduous + for him to attempt. +</p> +<p> + His strength, sir, is, indeed, not equal to his spirit, and he is + frequently unsuccessful in his most vigorous efforts, but it must be + confessed that he is generally overborne only by the force of truth, by + a power which few can resist so resolutely as himself, and which, + therefore, though it makes no impression upon him, prevails upon others + to leave him sometimes alone in the vindication of his positions. +</p> +<p> + The examples, sir, of those noble persons who were advanced early to + commissions, will be produced by him without effect, because the cases + are by no means parallel. They were not invested with command till they + had spent some time in the service, and exhibited proofs of their + courage and their capacity; and it cannot be doubted, but some men may + discover at seventeen, more merit than others in the full strength of + manhood. +</p> +<p> + But, sir, there is another consideration of more importance, which will + annihilate the parallel, and destroy the argument founded upon it. At + the time in which these persons were preferred, the nation had but newly + seen an army, and had, therefore, very few old officers whose experience + could be trusted, or whose services required to be rewarded: the + ministers were obliged to select those, who, though they did not + understand the military sciences, were likely to attain them in a short + time, and the event has sufficiently proved, that in the choice no + greater regard was paid to interest than to judgment. +</p> +<p> + It was prudent, likewise, sir, to choose young persons, supposing their + abilities equal with those of others, because the nation was likely to + possess them longer, and would not be reduced, by an interval of peace, + to make war again with raw forces, under the direction of ignorant + commanders. +</p> +<p> + But this provision, however reasonable, the wisdom of this ministry has + found means to defeat, by detaining at home the disciplined troops, and + depriving the most experienced generals of their commands, at a time + when they are most necessary, at a time when the whole world is in arms, + when the ambition of France is reviving its claims, and the Spaniards + are preparing to invade our colonies. +</p> +<p> + But, sir, though our generals are discarded, we are sufficiently + informed, that it is not because we are imagined to be in a state of + safety; for the increase of our army betrays our fear, of which, whether + it will be dispelled or increased by such measures, it is not difficult + to determine. +</p> +<p> + An army thus numerous, sir, is, in the opinion of every honest Briton, + of every man that reveres the constitution, or loves his liberty, an + evil more to be dreaded, than any from which we can be defended by it. + The most unpopular act of the most unpopular of our monarchs, was the + establishment of a standing-army; nor do I know any thing to be feared + from the exaltation of the dreadful pretender to the throne, but that he + will govern the nation with an armed force. +</p> +<p> + If our troops continue to be increased, which we may reasonably suspect, + since, if arguments like these be admitted, pretences for augmentations + can never be wanting, the consequences are easily foreseen; they will + grow too numerous to be quartered in the towns, and, with an affectation + of easing them of such unwelcome guests, it will be proposed, that after + having spent the summer in a camp, they shall retire in winter to + barracks. Then will the burden of a standing army be imposed for ever on + the nation; then may our liberties be openly invaded, and those who now + oppress us by the power only of money, will then throw aside the mask, + and deliver themselves from the constraint of hypocrisy; those who now + sooth us with promises and protestations, will then intimidate us with + threatenings, and, perhaps, revenge the opposition of their schemes by + persecution and sequestrations. +</p> +<p> + Mr. GAGE spoke next, to the following effect:—Sir, if the weakness of + arguments proved the insincerity of those who produce them, I should be + inclined to suspect the advocates for the establishment of new + regiments, of designs very different from the defence of their country; + but as their intentions cannot be known, they cannot be censured, and I + shall, therefore, confine myself to an examination of the reasons which + they have offered, and the authorities which they have cited. +</p> +<p> + The German general, who has been mentioned on this occasion with so much + regard, is not less known to me than to the honourable gentleman, nor + have I been less diligent to improve the hours in which I enjoyed his + friendship and conversation. Among other questions, which my familiarity + with him entitled me to propose, I have asked him to what causes he + imputed the ill success of the last war, and he frankly ascribed the + miscarriages of it to the unhappy divisions by which the German councils + were at that time embarrassed. +</p> +<p> + Faction produces nearly the same consequence in all countries, and had + then influenced the imperial court, as of late the court of Great + Britain, to dismiss the most able and experienced commanders, and to + intrust the conduct of the war to men unequal to the undertaking; who, + when they were defeated for want of skill, endeavoured to persuade their + patrons and their countrymen, that they lost the victory for want of + officers. +</p> +<p> + They might, perhaps, think of their countrymen, what our ministers seem + to imagine of us, that to gain belief among them, it was sufficient to + assert boldly, that they had not any memory of past transactions, and + that, therefore, they could not observe, that the same troops were + victorious under Eugene, which were defeated under the direction of his + successours; nor could discover that the regulation was the same, where + the effects were different. +</p> +<p> + Thus, in every place, it is the practice of men in power, to blind the + people by false representations, and to impute the publick calamities + rather to any other cause than their own misconduct. It is every where + equally their practice to oppress and obscure those who owe their + greatness to their virtue or abilities, because they can never be + reduced to blind obedience, or taught to be creatures of the ministry, + because men who can discover truth, will sometimes speak it, and because + those are best qualified to deceive others, who can be persuaded that + they are contending for the right. +</p> +<p> + But it is surely time for this nation to rouse from indolence, and to + resolve to put an end to frauds that have been so long known. It is time + to watch with more vigilance the distribution of the publick treasure, + and to consider rather how to contract the national expenses, than upon + what pretences new offices may be erected, and new dependencies created. + It is time to consider how our debts may be lessened, and by what + expedients our taxes may be diminished. +</p> +<p> + Our taxes, sir, are such, at present, as perhaps no nation was ever + loaded with before, such as never were paid to raise forces against an + invader, or imposed by the insolence of victory upon a conquered people. + Every gentleman pays to the government more than two thirds of his + estate, by various exactions.—This assertion is received, I see, with + surprise, by some, whose ample patrimonies have exempted them from the + necessity of nice computations, and with an affected appearance of + contempt by others, who, instead of paying taxes, may be said to receive + them, and whose interest it is to keep the nation ignorant of the causes + of its misery, and to extenuate those calamities by which themselves are + enriched. +</p> +<p> + But, sir, to endeavour to confute demonstration by a grin, or to laugh + away the deductions of arithmetick, is, surely, such a degree of + effrontery, as nothing but a post of profit can produce; nor is it for + the sake of these men, that I shall endeavour to elucidate my assertion; + for they cannot but be well informed of the state of our taxes, whose + chief employment is to receive and to squander the money which arises + from them. +</p> +<p> + It is frequent, sir, among gentlemen, to mistake the amount of the taxes + which are laid upon the nation, by passing over, in their estimates, all + those which are not paid immediately out of the visible rents of their + lands, and imagining that they are in no degree interested in the + imposts upon manufactures or other commodities. They do not consider + that whenever they purchase any thing of which the price is enhanced by + duties, those duties are levied upon them, and that there is no + difference between paying ten shillings a year in land taxes, and paying + five shillings in land taxes, and five shillings to manufacturers to be + paid by them to the government. +</p> +<p> + It would be, in reality, equally rational for a man to please himself + with his frugality, by directing half his expenses to be paid by his + steward, and the event is such as might be expected from such a method + of economy; for, as the steward might probably bring in false accounts, + the tradesman commonly adds twopence to the price of his goods for every + penny which is laid on them by the government; as it is easy to show, + particularly in the prices of those two great necessaries of life, + candles and leather. +</p> +<p> + Now, sir, let any gentleman add to the land tax the duties raised from + the malt, candles, salt, soap, leather, distilled liquors, and other + commodities used in his house; let him add the expenses of travelling so + far as they are increased by the burden laid upon innkeepers, and the + extortions of the tradesmen which the excises have occasioned, and he + will easily agree with me that he pays more than two-thirds of his + estate for the support of the government. +</p> +<p> + It cannot, therefore, be doubted that it is now necessary to stop in our + career of expenses, and to inquire how much longer this weight of + imposts can possibly be supported. It has already, sir, depressed our + commerce, and overborne our manufactures, and if it be yet increased, if + there be no hope of seeing it alleviated, every wise man will seek a + milder government and enlist himself amongst slaves that have masters + more wise or more compassionate. +</p> +<p> + We ought to consider, sir, whether some of our present expenses are not + superfluous or detrimental, whether many of our offices are not merely + pensions without employment, and whether multitudes do not receive + salaries, who serve the government only by their interest and their + votes. Such offices, if they are found, ought immediately to be + abolished, and such salaries withdrawn, by which a fund might be now + established for maintaining the war, and afterwards for the payment of + our debts. +</p> +<p> + It is not now, sir, in my opinion, a question whether we shall choose + the dearest or the cheapest method of increasing our forces, for it + seems to me not possible to supply any new expenses. New troops will + require more money to raise and to pay them, and more money can only be + obtained by new taxes; but what now remains to be taxed, or what tax can + be increased? The only resource left us is a lottery, and whether that + will succeed is likewise a lottery; but though folly and credulity + should once more operate according to our wishes, the nation is, in the + meantime, impoverished, and at last lotteries must certainly fail, like + other expedients. When the publick wealth is entirely exhausted, + artifice and violence will be equally vain. And though the troops may + possibly be raised, according to the estimate, I know not how we shall + pay them, or from what fund, yet unmortgaged, the officers who will be + entailed upon us, can hope to receive their half-pay. +</p> +<p> + For my part, sir, I think the question so easy to be decided, that I am + astonished to see it the subject of a debate, and imagine that the + controversy might be ended only by asking the gentleman, on whose + opinion all his party appear to rely, without any knowledge or + conviction of their own, whether, if he were to defend a nation from its + enemies, and could procure only a small sum for the war, he would not + model his forces by the cheapest method. +</p> +<p> + Mr. SLOPER then spoke thus:—Sir, I cannot, without the highest + satisfaction, observe any advances made in useful knowledge, by my + fellow-subjects, as the glory of such attainments must add to the + reputation of the kingdom which gives rise to such elevated abilities. +</p> +<p> + This satisfaction I have received from the observations of the right + honourable member, whose accurate computations cannot but promise great + improvements of the doctrine of arithmetick; nor can I forbear to + solicit him, for the sake of the publick, to take into his consideration + the present methods of traffick used by our merchants, and to strike out + some more commodious method of stating the accoinpts between those two + contending parties, debtor and creditor. This he would, doubtless, + execute with great reputation, who has proved, from the state of our + taxes, that new forces require new funds, and that new funds cannot be + established without a lottery. +</p> +<p> + I am, indeed, inclined to differ from him in the last of his positions, + and believe the nation not yet so much exhausted but that it may easily + bear the expense of the war, and shall, therefore, vote for that + establishment of our troops which will be most likely to procure + success, without the least apprehension of being censured either by the + present age, or by posterity, as a machine of the ministry, or an + oppressor of my country. +</p> +<p> + General WADE spoke again, thus:—Sir, since the right honourable member + has been pleased to insinuate, that by answering a plain question I may + put an end to the debate, I am willing to give a proof of my desire to + promote unanimity in our councils, and despatch in our affairs, by + complying with his proposal. +</p> +<p> + If I were obliged with a small sum to raise an army for the defence of a + kingdom, I should, undoubtedly, proceed with the utmost frugality; but + this noble person's ideas of frugality would, perhaps, be very different + from mine; he would think those expenses superfluous, which to me would + seem indispensably necessary, and though we should both intend the + preservation of the country, we should provide for its security by + different methods. +</p> +<p> + He would employ the money in such a manner as might procure the greatest + numbers; I should make my first inquiry after the most skilful officers, + and should imagine myself obliged, by my fidelity to the nation that + intrusted me with its defence, to procure their assistance, though at a + high price. +</p> +<p> + It is not easy for persons who have never seen a battle or a siege, + whatever may be their natural abilities, or however cultivated by + reading and contemplation, to conceive the advantage of discipline and + regularity, which is such, that a small body of veteran troops will + drive before them multitudes of men, perhaps equally bold and resolute + with themselves, if they are unacquainted with the rules of war, and + unprovided with leaders to direct their motions. +</p> +<p> + I should, therefore, in the case which he has mentioned, prefer + discipline to numbers, and rather enter the field with a few troops, + well governed and well instructed, than with a confused multitude, + unacquainted with their duty, unable to conduct themselves, and without + officers to conduct them. +</p> +<p> + Mr. VINER spoke next, to the following effect:—Sir, I am not very + solicitous what may be the determination of the house upon this + question, because I think it more necessary to resolve against an + augmentation of the army, than to inquire, whether it shall be made by + one method or another. +</p> +<p> + Every addition to our troops, I consider as some approach towards the + establishment of arbitrary power, as it is an alienation of part of the + British people, by which they are deprived of the benefits of the + constitution, and subjected to rigorous laws, from which every other + individual is exempt. +</p> +<p> + The principal of these laws, which all the rest are intended to enforce, + requires from every soldier an unlimited and absolute obedience to the + commands of his officers, who hold their commission, and expect + advancement, by the same compliance with the orders of the ministry. +</p> +<p> + The danger of adding to the number of men, thus separated from their + fellow-subjects, and directed by the arbitrary determinations of their + officers, has been often explained with great strength and perspicuity; + nor should I have taken this occasion of recalling it to the attention + of the house, but that I think it a consideration, to which, in all + debates on the army, the first regard ought to be paid. +</p> +<p> + Colonel MORDAUNT spoke to the purpose following:—Sir, the objection + which the honourable gentleman has raised, will be most easily removed, + by considering the words of the act by which the military authority is + established, where it is by no means declared, that either officers or + soldiers are obliged indiscriminately to obey all the orders which they + shall receive, but that they shall, on pain of the punishments there + enacted, obey all the <i>lawful</i> orders of their commanders. +</p> +<p> + The obedience, therefore, sir, required from a soldier, is an obedience + according to law, like that of any other Briton, unless it can be + imagined that the word <i>lawful</i> is, in that place, without a meaning. + Nor does his condition differ from that of his fellow-subjects by an + exemption from any law, but by a greater number of duties, and stricter + obligations to the performance of them; and I am not able to conceive + how our constitution can be endangered by augmenting an army, which, as + it can only act in conformity to it, can act only in defence of it. +</p> +<p> + [The question at last was put, that the new-raised troops be + incorporated into the standing corps, but it passed in the negative, 232 + to 166.] +</p> +<a name="2H_4_7"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF LORDS, DEC. 9, 1740. +</h2> +<center> + DEBATE ON TAKING THE STATE OF THE ARMY INTO CONSIDERATION. +</center> +<p> + The duke of ARGYLE rose first, and spoke to the following effect:—My + lords, as the present situation of our affairs may require an + augmentation of our forces, and as the success of our arms, and the + preservation of our liberties, may equally depend upon the manner in + which the new forces shall be raised, there is, in my opinion, no + question more worthy the attention of this august assembly, than what + may be the most proper method of increasing our army. +</p> +<p> + On this question, my lords, I shall offer my own sentiments with greater + confidence, as there are few men who have had more opportunities of + being acquainted with it in its whole extent, as I have spent great part + of my life in the field and in the camp. I commanded a regiment under + king William, and have long been either the first, or almost the first + man in the army. +</p> +<p> + I hope, my lords, it will be allowed, without difficulty, that I have, + at least, been educated at the best school of war, and that nothing but + natural incapacity can have hindered me from making some useful + observations upon the discipline and government of armies, and the + advantages and inconveniencies of the various plans upon which other + nations regulate their forces. +</p> +<p> + I have always maintained, my lords, that it is necessary, in the present + state of the neighbouring countries, to keep up a body of regular + troops, that we may not be less able to defend ourselves, than our + enemies to attack us. +</p> +<p> + It is well known, my lords, that states must secure themselves by + different means, as they are threatened by dangers of different kinds: + policy must be opposed by policy, and force by force; our fleets must be + increased when our neighbours grow formidable by their naval power, and + armies must be maintained at a time like this, in which every prince on + the continent estimates his greatness by the number of his troops. +</p> +<p> + But an army, my lords, as it is to be admitted only for the security of + the nation, is to be so regulated, that it may produce the end for which + it is established; that it may be useful without danger, and protect the + people without oppressing them. +</p> +<p> + To this purpose, my lords, it is indispensably necessary, that the + military subordination be inviolably preserved, and that discipline be + discreetly exercised without any partial indulgence, or malicious + severities; that every man be promoted according to his desert, and that + military merit alone give any pretensions to military preferment. +</p> +<p> + To make the army yet more useful, it ought to be under the sole command + of one man, exalted to the important trust by his known skill, courage, + justice, and fidelity, and uncontrouled in the administration of his + province by any other authority, a man enabled by his experience to + distinguish the deserving, and invested with power to reward them. +</p> +<p> + Thus, my lords, ought an army to be regulated, to which the defence of a + nation is intrusted, nor can any other scheme be formed which will not + expose the publick to dangers more formidable than revolutions or + invasions. And yet, my lords, how widely those who have assumed the + direction of affairs have deviated from this method is well known. It is + known equally to the highest and meanest officers, that those who have + most opportunities of observing military merit, have no power of + rewarding it; and, therefore, every man endeavours to obtain other + recommendations than those of his superiours in the army, and to + distinguish himself by other services than attention to his duty, and + obedience to his commanders. +</p> +<p> + Our generals, my lords, are only colonels with a higher title, without + power, and without command; they can neither make themselves loved nor + feared in their troops, nor have either reward or punishment in their + power. What discipline, my lords, can be established by men, whom those + who sometimes act the farce of obedience, know to be only phantoms of + authority, and to be restrained by an arbitrary minister from the + exercise of those commissions which they are invested with? And what is + an army without discipline, subordination, and obedience? What, but a + rabble of licentious vagrants, set free from the common restraints of + decency, exempted from the necessity of labour, betrayed by idleness to + debauchery, and let loose to prey upon the people? Such a herd can only + awe the villages, and bluster in the streets, but can never be able to + oppose an enemy, or defend the nation by which they are supported. +</p> +<p> + They may, indeed, form a camp upon some of the neighbouring heaths, or + pass in review with tolerable regularity; they may sometimes seize a + smuggler, and sometimes assist a constable with vigour and success. But + unhappy would be the people, who had no other force to oppose against an + army habituated to discipline, of which every one founds his hopes of + honour and reward upon the approbation of the commander. +</p> +<p> + That no man will labour to no purpose, or undergo the fatigue of + military vigilance, without an adequate motive; that no man will + endeavour to learn superfluous duties, and neglect the easiest road to + honour and to wealth, merely for the sake of encountering difficulties, + is easily to be imagined. And, therefore, my lords, it cannot be + conceived, that any man in the army will very solicitously apply himself + to the duties of his profession, of which, when he has learned them, the + most accurate practice will avail him nothing, and on which he must lose + that time, which might, have been employed in gaining an interest in a + borough, or in forming an alliance with some orator in the senate. +</p> +<p> + For nothing, my lords, is now considered but senatorial interest, nor is + any subordination desired but in the supreme council of the empire. For + the establishment of this new regulation, the honours of every + profession are prostituted, and every commission is become merely + nominal. To gratify the leaders of the ministerial party, the most + despicable triflers are exalted to an authority, and those whose want of + understanding excludes them from any other employment, are selected for + military commissions. +</p> +<p> + No sooner have they taken possession of their new command, and gratified + with some act of oppression the wantonness of new authority, but they + desert their charge with the formality of demanding a permission to be + absent, which their commander dares not deny them. Thus, my lords, they + leave the care of the troops, and the study of the rules of war, to + those unhappy men who have no other claim to elevation than knowledge + and bravery, and who, for want of relations in the senate, are condemned + to linger out their lives at their quarters, amuse themselves with + recounting their actions and sufferings in former wars, and with reading + in the papers of every post, the cormissions which are bestowed on those + who never saw a battle. +</p> +<p> + For this reason, my lords, preferments in the army, instead of being + considered as proofs of merit, are looked on only as badges of + dependence; nor can any thing be inferred from the promotion of an + officer, but that he is in some degree or other allied to some member + of the senate, or the leading voters of a borough. +</p> +<p> + After this manner, my lords, has the army been modelled, and on these + principles has it subsisted for the last and the present reign; neither + myself, nor any other general officer, have been consulted in the + distribution of commands, or any part of military regulations. Our + armies have known no other power than that of the secretary of war, who + directs all their motions, and fills up every vacancy without + opposition, and without appeal. +</p> +<p> + But never, my lords, was his power more conspicuous, than in raising the + levies of last year; never was any authority more despotically exerted, + or more tamely submitted to; never did any man more wantonly sport with + his command, or more capriciously dispose of posts and preferments; + never did any tyrant appear to set censure more openly at defiance, + treat murmurs and remonstrances with greater contempt, or with more + confidence and security distribute posts among his slaves, without any + other reason of preference than his own uncontroulable pleasure. +</p> +<p> + And surely no man, my lords, could have made choice of such wretches for + military commands, but to show that nothing but his own private + inclinations should influence his conduct, and that he considered + himself as supreme and unaccountable: for we have seen, my lords, the + same animals to-day cringing behind a counter, and to-morrow swelling in + a military dress; we have seen boys sent from school in despair of + improvement, and intrusted with military command; fools that cannot + learn their duty, and children that cannot perform it, have been + indiscriminately promoted; the dross of the nation has been swept + together to compose our new forces, and every man who was too stupid or + infamous to learn or carry on a trade, has been placed, by this great + disposer of honours, above the necessity of application, or the reach of + censure. +</p> +<p> + Did not sometimes indignation, and sometimes pity, check the sallies of + mirth, it would not be a disagreeable entertainment, my lords, to + observe, in the park, the various appearances of these raw commanders, + when they are exposing their new scarlet to view, and strutting with the + first raptures of sudden elevation; to see the mechanick new-modelling + his mien, and the stripling tottering beneath the weight of his cockade; + or to hear the conversation of these new adventurers, and the + instructive dialogues of schoolboys and shopkeepers. +</p> +<p> + I take this opportunity, my lords, of clearing myself from any suspicion + of having contributed, by my advice, to this stupendous collection. I + only once interposed with the recommendation of a young gentleman, who + had learned his profession in two campaigns among the Muscovians, and + whom yet neither his own desert, nor my patronage could advance to a + commission. And, I believe, my lords, all the other general officers + were equally unconsulted, and would, if their advice had been asked, + equally have disapproved the measures that have been pursued. +</p> +<p> + But thus, my lords, were our new regiments completed, in which, of two + hundred and fifty officers who have subsisted upon half-pay, only + thirty-six have been promoted, though surely they might have pleaded a + juster claim to employment, who had learned their profession in the + service of their country, and had long languished in penury, than those + who had neither knowledge nor capacity, who had neither acted nor + suffered any thing, and who might have been destined to the hammer or + the plough, without any disreputation to their families, or + disappointment to themselves. +</p> +<p> + I have been told, indeed, my lords, that to some of these officers + commissions were offered, which they refused, and for this refusal every + reason is alleged but the true: some, indeed, excused themselves as + disabled by age and infirmities from military service; nor can any + objection be made to so just a plea. For how could those be refused in + their age the comforts of ease and repose, who have served their country + with their youth and vigour? +</p> +<p> + Others there are, my lords, who refused commissions upon motives very + different, in which, nevertheless, some justice cannot be denied. They + who had long studied and long practised their profession; they, who had + tried their courage in the breach, and given proofs of their skill in + the face of the enemy, refused to obey the command of novices, of + tradesmen, and of schoolboys: they imagined, my lords, that they ought + to govern those whom they should be obliged to instruct, and to lead + those troops whom they must range in order. But they had forgot that + they had outlived the time when a soldier was formed by study and + experience, and had not heard, in their retreats, that a colonel or a + captain was now formed in a day; and, therefore, when they saw and heard + their new commanders, they retired back to their half-pay, with surprise + and indignation. +</p> +<p> + But, my lords, the follies of last year cannot be easily rectified, and + are only now to be exposed that they may not be repeated. If we are now + to make new levies, and increase the number of our land-forces, it is, + in my opinion, incumbent upon us to consider by what methods we may best + augment our troops, and how we may be able to resist our foreign + enemies, without exposing the nation to intestine miseries, and leaving + our liberties at the mercy of the court. +</p> +<p> + There are, my lords, two methods of increasing our forces; the first is, + that of raising new regiments; the other, of adding new men to those + which already subsist. +</p> +<p> + By raising new regiments, my lords, we shall only gratify the minister + with the distribution of new commissions, and the establishment of new + dependents; we shall enlarge the influence of the court, and increase + the charge of the nation, which is already loaded with too many taxes to + support any unnecessary expense. +</p> +<p> + By the other method, of adding a hundred men to every company, we shall + not only save the pay of the officers, which is no slight consideration, + but what seems, if the reports raised by the ministry of our present + danger be true, of far more importance, shall form the new forces with + more expedition into regular troops; for, by distributing them among + those who are already instructed in their duty, we shall give them an + opportunity of hourly improvement; every man's comrade will be his + master, and every one will be ambitious of forming himself by the + example of those who have been in the army longer than themselves. +</p> +<p> + If it be objected, my lords, that the number of officers will not then + bear a just proportion to that of the soldiers, it may be answered, that + the foreign troops of the greatest reputation have no greater number of + officers, as every one must know who is acquainted with the constitution + of the most formidable armies of Europe. Those of the Prussian monarch, + or of the various nations by which we were assisted in the late war, + either as confederates or mercenaries, have but few officers. And I very + well remember, my lords, that whenever they were joined by parties of + our own nation, the inequality in the number of the officers produced + contests and disputes. +</p> +<p> + The only troops of Europe, my lords, that swarm with officers, are those + of France, but even these have fewer officers, in proportion to their + private men, in time of war; for when they disband any part of their + forces, they do not, like us, reduce their officers to half-pay, but add + them to the regiments not reduced, that the families of their nobility + may not be burdened with needy dependents, and that they may never want + officers for new levies. +</p> +<p> + There are many reasons, my lords, that make this practice in France more + reasonable than it would be in our kingdom. It is the chief view of + their governours to continue absolute, and therefore their constant + endeavour to keep great numbers in dependence; it ought to be our care + to hinder the increase of the influence of the court, and to obstruct + all measures that may extend the authority of the ministry, and + therefore those measures are to be pursued by which independence and + liberty will be most supported. +</p> +<p> + It is likewise to be remembered, my lords, that a French officer is + supported with pay not much larger than that of a private soldier among + us, and that, therefore, the argument which arises from the necessity of + frugality is not of the same force in both nations. +</p> +<p> + There is yet another reason why the French are under the necessity of + employing more officers than any other nation: the strength of their + armies consists in their gentlemen, who cannot be expected to serve + without some command: the common soldiers of the French army are a mean, + spiritless, despicable herd, fit only to drudge as pioneers, to raise + intrenchments, and to dig mines, but without courage to face an enemy, + or to proceed with vigour in the face of danger. +</p> +<p> + Their gentlemen, my lords, are of a very different character; jealous of + their honour, and conscious of their birth, eager of distinction, and + ambitious of preferment. They have, commonly, their education in the + army, and have no expectations of acquiring fortunes equal to their + desires by any other profession, and are, therefore, intent upon the + improvement of every opportunity which is offered them of increasing + their knowledge and exalting their reputation. +</p> +<p> + To the spirit of these men, my lords, are the French armies indebted for + all their victories, and to them is to be attributed the present + perfection of the art of war. They have the vigilance and perseverance + of Romans joined with the natural vivacity and expedition of their own + nation. +</p> +<p> + We are, therefore, not to wonder, my lords, that there is in the French + armies an establishment for more gentlemen than in other countries, + where the disparity between the military virtues of the higher and lower + classes of men is less conspicuous. In the troops of that nation nothing + is expected but from the officers, but in ours the common soldier meets + danger with equal intrepidity, and scorns to see himself excelled by his + officer in courage or in zeal. +</p> +<p> + We are, therefore, my lords, under no necessity of burdening our country + with the expense of new commissions, which, in the army, will be + superfluous, and, in the state, dangerous, as they will fill our senate + with new dependents, and our corporations with new adherents to the + minister, whose steady perseverance in his favourite scheme of + senatorial subordination, will be, perhaps, the only occasion of these + new levies, or, at least, has hindered the right application of our + standing troops. For what reason, my lords, can invention or imagination + assign, why the troops, who had been for some time disciplined, were not + rather sent to the assistance of Vernon than the new marines, except + that some of them were commanded by men who had obtained seats in the + other house, and who, by their settled adherence and avowed fidelity to + the minister, had recommended themselves too powerfully to be rashly + exposed in the service of their country to the bullets of the Spaniards. +</p> +<p> + So great, my lords, has been the minister's regard to senatorial + abilities, and so strict his gratitude to his friends, that I know of + but one member of the other house that has been hazarded in this + expedition, and he a hopeless, abandoned patriot, insensible of the + capacity or integrity of our ministry, and whom nothing has been able to + reconcile to our late measures. He, therefore, who has never exerted + himself in defence of the ministry, was, in his turn, thought unworthy + of ministerial protection, and was given up to the chance of war without + reluctance. +</p> +<p> + But I hope your lordships will concur with me in the opinion, that it is + not always necessary to gratify the ministry, but that our country + claims some part of our regard, and, therefore, that in establishing our + army we should pursue that method which may be most accommodated to our + constitution, and, instead of imitating the military policy of the + French, follow the example of those nations by whose troops they have + been conquered. +</p> +<p> + Had this scheme been hitherto followed, had our new levies, instead of + being put under the command of boys, been distributed in just + proportions among the standing regiments, where they might soon have + been qualified for service by the inspection of experienced officers, we + might now have seen an army capable of awing the court of Spain into + submission, or, if our demands had been still refused, of revenging our + injuries, and punishing those who have insulted and despised us. +</p> +<p> + From an army thus raised and disciplined, detachments, my lords, ought + to have been sent on board of all our fleets, and particularly that + which is now stationed in the Mediterranean, which would not then have + coasted about from one port to another, without hurting or frighting the + enemy, but might, by sudden descents, have spread terrour through a + great part of the kingdom, harassed their troops by continual marches, + and, by frequent incursions, have plundered all the maritime provinces, + driven the inhabitants into the inland country, and laid the villages in + ashes. +</p> +<p> + There is yet, my lords, no appearance of a peace, for our success has + not enabled us to prescribe terms, and I hope we are not yet fallen so + low as to receive them; it is, therefore, proper to form such + resolutions as may influence the conduct of the war, and enable us to + retrieve the errours of our past measures. +</p> +<p> + The minister, my lords, is not without panegyrists, who may, perhaps, + endeavour to persuade us, that we ought to resign all our understandings + to his superiour wisdom, and blindly trust our fortunes and our + liberties to his unshaken integrity. They will, in proof of his + abilities, produce the wonderful dexterity and penetration which the + late negotiations have discovered, and will confirm the reputation of + his integrity by the constant parsimony of all his schemes, and the + unwillingness with which he at any time increases the expenses of the + nation. +</p> +<p> + But, my lords, it is the great duty of your high station to watch over + the administration, and to warn those, who are more immediately + intrusted with the publick affairs, against measures which may endanger + the safety or happiness of the nation; and, therefore, if I have proved + to your lordships, that to raise new regiments is dangerous to our + liberties, that a multitude of officers is of no use in war, and that an + army may be more expeditiously disciplined by adding new men to every + company, I hope your lordships will agree to this resolution, which I + have drawn up with the utmost brevity, and of which the meaning cannot + be mistaken: +</p> +<p> + "That the augmenting the army by raising regiments, as it is the most + unnecessary and expensive method of augmentation, is also the most + dangerous to the liberties of the nation." +</p> +<p> + The duke of NEWCASTLE next spoke, to this effect:—My lords, as my + education and employments have afforded me no opportunity of acquiring + any skill in military affairs, it will not be expected by your + lordships, that I should be able to confute the arguments of the noble + duke, whose acknowledged superiority in the art of war, and the + abilities which he has displayed in the administration of every province + which he has undertaken, give him a claim to the highest deference. +</p> +<p> + But, my lords, as I cannot assume the province of disputing on this + question, so I cannot, without longer consideration, form any resolution + concerning it; for arguments may be fallacious, which, yet, I cannot + confute, and to approve without knowledge is no less weak than to + censure. +</p> +<p> + There is not any present necessity, my lords, of forming a resolution on + this subject; we are not now called upon particularly to consider it, + and certainly it cannot be prudent, by so determinate a decision, + pronounced without reflection or deliberation, to preclude a fuller + examination of this important question. +</p> +<p> + Lord CARTERET rose, and spoke in this manner:—My lords, the noble duke + who made the present motion has supported it by such strength of + argument, and so fully explained the advantages of the method which it + tends to recommend, that not only the present age, but posterity may, + probably, be indebted to him, for juster notions of a military + establishment, than have been yet attained even by those whose + profession obliges them to such inquiries. +</p> +<p> + Nor, my lords, could we expect less from his long experience and + extensive capacity; experience gained in the heat of war, and in the + midst of danger; a capacity not only cultivated by solitary + disquisitions in retirement and security, but exercised by difficulties, + and quickened by opposition. +</p> +<p> + Such abilities, my lords, matured by such an education, have justly made + the noble duke the oracle of war, and procured him the esteem and + reverence of all the powers upon earth. +</p> +<p> + As I did not receive from my education any military knowledge, I am not + able to add much to the arguments which your lordships have already + heard; but, nevertheless, having been under the necessity of regulating + the army when I had the honour to be employed in Ireland, and having + made, in those countries where I transacted the business of the crown, + some observations upon the different forms of military establishments, I + hope I shall be allowed to offer what my experience or my remarks may + suggest to me, in confirmation of the sentiments of the noble duke. +</p> +<p> + When I was in Ireland, my lords, the troops of that kingdom consisted of + twenty-one regiments, of which ten were, as last year, brought into + Britain, and the Irish forces were to be filled up by new levies, which + were raised in the manner now proposed, by increasing every regiment + from three hundred and forty to six hundred men; so that the eleven + regiments remaining composed a body of nearly the same number with the + twenty-one regiments, as formerly constituted. +</p> +<p> + Of the Swedish establishment, my lords, the reputation and success of + their troops are an uncontrovertible vindication, attd I have often had + an opportunity of comparing the number of officers with that of ours, + and found their private men to be far more numerous in proportion to the + officers. +</p> +<p> + In Hanover, my lords, I have seen his majesty's troops remarkable for + the elegance of their appearance; and being once asked, by the + commander, at what expense one of those gallant troopers and his horse + was supported, was told, after confessing my ignorance, that he cost no + more than fourteen pounds a year, who could not, in this country, be + maintained for less than forty. +</p> +<p> + I believe, my lords, that the French forces are not more expensive than + those of Hanover, and, therefore, we are by no means to imitate their + establishment, for the price of provisions and habits of life do not + admit of any diminution of the pay of either our officers or soldiers, + and we can only lessen our expenses by reducing their numbers, to which + I shall, for my part, most willingly contribute. +</p> +<p> + But as this, my lords, is not the proper time for disbanding our forces, + of which the present state of our affairs may, perhaps, demand an + augmentation, it is necessary to compare the state of our forces with + that of foreign troops, and supply, by prudent methods, the + disadvantages to which we are subject, by the peculiar condition of our + country. For, if the French can support an army at a fourth part of our + expense, what must be the consequence of a war, supposing the wealth of + the two nations nearly equal? It will be to little purpose that we + boast, however justly, of the superiority of our troops; for though it + should be granted that the British cannot be resisted by an equal + number, yet it can never be expected that they should conquer troops + four times as numerous as themselves. +</p> +<p> + Thus, my lords, it appears, with all the evidence of arithmetical + demonstration, that the method now proposed is highly expedient, nor can + any objection, in my opinion, be made to the resolution offered to your + lordships. +</p> +<p> + That this is not a proper time for this inquiry has been, indeed, urged, + but surely no time can be more proper than when we may, by a resolution + unanimously passed, regulate, in some degree, the conduct of the other + house, and faint to them the opinion of this assembly on a question + which is, perhaps, to-morrow to be brought before them. +</p> +<p> + Lord CHOLMONDELEY then spoke thus:—My lords, though I was once honoured + with a command in the army, and consequently ought to have attained some + military knowledge, yet I have so long resigned my commission, possessed + it for so short a time, and have suffered my attention to be diverted + from inquiries on that subject by employments of so different a kind, + that I cannot presume to oppose any knowledge of my own to the reasons + which have been offered; but I cannot think that the conclusions drawn + by the noble duke, are so evidently true as to force conviction, and + exclude all possibility of reply; nor can I conceive it consistent with + the dignity of this assembly, to yield implicitly to any man's + assertions, or to pass any resolution without an accurate inquiry. +</p> +<p> + Some objections, my lords, arise, upon reflection, from my narrow + observation and transient reading, and these I shall lay before your + lordships, with an open acknowledgment of my insufficiency to discuss + the question, and a sincere desire of being instructed where I may be + mistaken. +</p> +<p> + The subordination of the army, my lords, appears to me, in general, to + be sufficiently maintained, nor is it ever infringed but by particular + partiality, that can never be prevented, or a casual difference in the + circumstances of the officers, which, though not relative to their + military characters, will always produce some degree of influence. +</p> +<p> + I know not, my lords, how the general regulation of our forces, and the + distribution of military honours, can be condemned, without extending + some degree of censure to a person who ought not to be mentioned as + concurring in any measures injurious to the publick. Our army, my lords, + is maintained by the parliament, but commanded by the king, who has not + either done or directed any thing of which his people may justly + complain. +</p> +<p> + Here the duke of ARGYLE interrupted him:—My lords, it is necessary to + clear myself from misrepresentations, and to preserve, at the same time, + the order of this assembly, by reminding the noble lord, that his + majesty is never to be introduced into our debates, because he is never + to be charged with wrong; and by declaring to your lordships, that I + impute no part of the errours committed in the regulation of the army to + his majesty, but to those ministers whose duty it is to advise him, and + whom the law condemns to answer for the consequences of their counsels. +</p> +<p> + Lord CHOLMONDELEY resumed:—My lords, if I misrepresented any assertion + of the noble duke, it was by misapprehension, or failure of memory, and + not by malice or design; and if in any other objections which I shall + make, I shall fall into any errour of the same kind, I desire that it + may be ascribed to the same cause. +</p> +<p> + The ignorance and inexperience of our present officers have been exposed + with great gaiety of imagination, and with the true spirit of satirical + rhetorick, nor can I presume to support them against so formidable + censures. But, my lords, I cannot discover any method of protracting the + lives of our old officers beyond the usual term, nor of supplying the + loss of those whom death takes away from the army, but by substituting + others, who, as they have seen no wars, can have little experience. +</p> +<p> + With regard to the number of officers in the foreign troops, I have been + informed, that they were, by an express stipulation, to be constituted + in the same manner with the British and Dutch forces. +</p> +<p> + Then the duke of ARGYLE again interrupted him:—My lords, as it was my + province in the late war to superintend the payment of the foreign + troops, I may be allowed to have some knowledge of the establishment, + and hope I shall not be imagined to need any information on that + subject. +</p> +<p> + Lord CHOLMONDELEY said:—My lords, I do not presume to dispute any + assertion of the noble duke, for whose knowledge I have the highest + veneration, but only to offer such hints for inquiry as may be pursued + by other lords of greater abilities, and to show, that as some + difficulties may be raised, the resolution ought not to be agreed to + without farther deliberation; since it not only tends to prescribe the + measures which shall be hereafter taken, and prohibit a method of + raising forces, which, when diligently examined, may, perhaps, appear + most eligible, but to censure the methods, which, when they were put in + practice the last year, received the approbation of all the powers of + the legislature. +</p> +<p> + Lord WESTMORELAND spoke next, as follows:—My lords, I have, for my own + satisfaction, stated the difference of the expense between the two + methods of raising forces, and find it so great, that the method + proposed by the noble duke ought, undoubtedly, to be preferred, even + though it were attended with some inconvenience, from which he has shown + it to be free. +</p> +<p> + Frugality, my lords, is one of the chief virtues of an administration; a + virtue without which no government can be long supported: the publick + expense can never be too accurately computed, or the first tendency to + profusion too rigorously opposed; for as in private life, so in + political economy, the demands of necessity are easily supplied; but if + once the calls of wantonness and caprice are complied with, no limits + can be fixed, nor will any treasure be sufficient. +</p> +<p> + Whether the burdens under which the people are now toiling were all + imposed by necessity, I will not inquire, but I think, my lords, we may + readily determine, that whatever is not necessary is cruel and + oppressive, and that, therefore, since the expense of raising new + regiments appears, at least, not to be necessary, it ought to be + opposed; and how can it be opposed more properly or effectually than by + the noble duke's resolution? +</p> +<p> + Lord HERVEY spoke to this effect:—My lords, I do not claim any + superiority of knowledge in any affairs that relate to the publick, but + have less acquaintance with the military establishment than with any + other part of the government, and can, therefore, neither oppose the + resolution now offered to your lordships by such arguments as may + deserve your attention, nor agree to it with that degree of conviction + which the importance of it seems to require. +</p> +<p> + That the chief argument which has been produced against raising new + regiments, is less formidable than it has been represented, will, I + believe, appear to your lordships, when it is considered that the + officers are always gentlemen of the first families in the empire, who, + therefore, cannot be supposed voluntarily to give up their relations and + posterity to the power of any ministry, or, for the sake of their + commissions, to betray that constitution by which their own properties + are secured. +</p> +<p> + Whether every other argument may not with equal justice be controverted, + is not, without longer consideration, possible to be determined, and, + therefore, it cannot be reasonably expected that we should agree to the + resolution, which would be only to decide without examination, and to + determine what we don't understand; for I am under no apprehension of + being imagined to reflect unjustly on this assembly, in supposing that + many of your lordships may be strangers to the question, which, when the + last levies were made, was neither discussed nor proposed. +</p> +<p> + I therefore move, that the previous question may be put, which may, + perhaps, gain time sufficient for a more exact inquiry upon this + important subject. +</p> +<p> + Lord TALBOT replied to this purport:—My lords, if, in imitation of some + noble lords, I profess my ignorance of the subject on which I am to + speak, may it not yet be allowed me, after the example of others, to + employ the little knowledge which I have in the defence of a resolution, + which appears to have no other tendency than the advantage of the + publick, and to show my zeal for the happiness of my country, though, + perhaps, without the true knowledge of its interest? +</p> +<p> + The noble lord, who spoke last, is too great a master of eloquence not + to be heard with all the attention which pleasure naturally produces, + and a reasoner too formidable not to raise in his hearers all the + anxiety which is produced by the fear of being deceived by partial + representations, and artful deductions. I am always afraid, my lords, + lest errour should appear too much like truth in the ornaments which his + lordship's imagination may bestow, and lest sophistry should dazzle my + understanding whilst I imagine myself only guided by the light of + reason. +</p> +<p> + I shall, therefore, endeavour, my lords, to review his ornaments, and + try whether they owe their influence to the force of truth, or to that + of eloquence. +</p> +<p> + His lordship has observed, that the objections which are now made to the + method of raising new regiments, were not produced last year upon a like + occasion. I know not, indeed, what can be inferred from this assertion; + for, surely, it will not maintain, that an errour, once admitted, is to + become perpetual. +</p> +<p> + But, my lords, another reason may be assigned, for which the objections + that occurred last year might not be produced. The ministry, after a + long course of disgraceful negotiations, and artful delays, were, at + length, compelled to a war, by the general clamours of the whole nation; + but they acted as men unwilling to execute what they did not approve. + They proceeded so slowly in their preparations, and were so languid in + all their motions, that it was evident how willingly they would have + improved every opportunity of retarding the vengeance which they were + forced to threaten; and with what artifices they would have protracted + any delay, which they could have imputed to those by whom they were + opposed. It was, therefore, to the last degree, improper to embarrass + their measures of themselves sufficiently perplexed, or to lay any + obstacle in the way of those who would gladly be stopped. +</p> +<p> + That the army is filled with gentlemen, is so far, my lords, from + proving that there is nothing to be feared from it, that it is the only + foundation of all our solicitude. For none but gentlemen can injure our + liberties, and while the posts of the army are bestowed as rewards of + senatorial slavery, gentlemen will always be found who will be corrupted + themselves, and can corrupt a borough; who will purchase a vote in the + house, and sell it for military preferments. By the posts of the army + the senate may be corrupted, and by the corruption of the senate the + army be perpetuated. +</p> +<p> + Those, my lords, who are the warmest opponents of the army, apprehend + not any danger from their swords, but from their votes. As they have + been of late regulated without discipline or subordination, I should not + feel such anxiety at seeing them led on by their new commanders against + a body of honest ploughmen, united in the cause of virtue and of + liberty; I should, with great alacrity, draw my sword against them, and + should not doubt of seeing them in a short time heaped upon our fields. +</p> +<p> + But, my lords, they are employed to ruin us by a more slow and silent + method; they are directed to influence their relations in the senate, + and to suborn the voters in our small towns; they are dispersed over the + nation to instil dependence, and being enslaved themselves, willingly + undertake the propagation of slavery. +</p> +<p> + That the army is instrumental in extending the influence of the ministry + to the senate, cannot be denied, when military preferments are held no + longer than while he that possesses them gives a sanction, by his vote, + to the measures of the court; when no degree of merit is sufficient to + balance a single act of senatorial opposition, and when the nation is + rather to be left to the defence of boys, than the minister be suspected + of misconduct. +</p> +<p> + Could either bravery or knowledge, reputation, or past services, known + fidelity to his majesty, or the most conspicuous capacity for high + trust, have secured any man in the enjoyment of his post, the noble duke + who made the motion, had carried his command to his grave, nor had the + nation now been deprived either of his arms, or of his counsels. +</p> +<p> + But, as he has now offered his advice to his country, and supported his + opinion with proofs from reason and experience, which even those who + oppose them have confessed themselves unable to answer; as the justness + of his reasoning, and the extent of his knowledge, have silenced those + whose prejudices will not suffer them to own themselves convinced; let + us not, my lords, reject what we cannot condemn, nor suffer our country + to be defrauded of the advantage of this resolution, by that low + senatorial craft, the previous question. +</p> +<p> + Then the CHANCELLOR spoke to the following purpose:—My lords, I am far + from suspecting that an open profession of my inability to examine the + question before us, in its full extent, will be imputed to an + affectation of modesty, since any knowledge of military affairs could + not be acquired in those stations in which I have been placed, or by + those studies, in which the greatest part of my life is known to have + been spent. +</p> +<p> + It will not be expected, my lords, that I should attempt a formal + confutation of the noble duke's positions, or that I should be able to + defend my own opinion against his knowledge and experience; nor would I, + my lords, expose myself to the censure of having harangued upon war in + the presence of Hannibal. +</p> +<p> + The noble duke has explained his sentiments to your lordships with the + utmost accuracy of method, and the most instructive perspicuity of + language; he has enforced them with a strength of reasoning rarely to be + found, and with an extent of knowledge peculiar to himself. Yet, my + lords, as his arguments, however powerful in themselves, do not strike + me with the same force with which others may be affected, who are more + capable of receiving them, I hope that your lordships will allow me to + mention such objections as occur to me, that in voting on this question + I may, at least, preserve my conscience from violation, and neither + adopt the opinion of another, however great, without examination, nor + obstinately reject the means of conviction. +</p> +<p> + Every lord who has spoken either in support of the noble duke's opinion, + or in opposition to it, has confessed that he is very little acquainted + with the subject of our debate; and it may not, therefore, be an + improper or useless attempt, if I endeavour by objections, however + injudicious, or by arguments, however inconclusive, to procure some + illustration of a question so important, and, at the same time, so + little understood. +</p> +<p> + The objections, my lords, which I shall produce, are such as I have + heard in conversation with those whose long acquaintance with military + employments give them a just claim to authority in all questions which + relate to the art of war; among whom I find no uniformity of opinion + with regard to the most proper method of augmenting our forces. And, my + lords, when we observe those to differ in their sentiments, whose + education, experience, and opportunities of knowledge have been nearly + the same, and who have all obtained a very great degree of reputation in + their profession, what can be inferred, but that the question is in its + own nature obscure and difficult? That it involves a multitude of + relations, and is diffused through a great variety of circumstances? + And that, therefore, it is prudent for every man, who can judge only + upon the authority of others, to suspend his opinion? +</p> +<p> + The chief argument, or that, at least, which impressed itself most + strongly on my mind, against any innovation in our military + constitution, was drawn from the success of our armies in their present + form, with that proportion of soldiers and officers, which the present + motion tends to abolish. Our forces, say the advocates for the present + establishment, have afforded us a sufficient testimony of the propriety + of their regulation, by their frequent victories over troops, whose + discipline has been studied with the utmost vigilance, and which have + been trained up to war with a degree of attention not disproportioned to + the mighty design for which they were raised, the subjection of the + world, and attainment of universal monarchy. These troops, who have been + taught, almost from their infancy, that cowardice and flight are the + greatest crimes, and persuaded, by national prejudices, and principles + studiously instilled, that no foreign forces could withstand them, have + fled before equal numbers of Britons, and been driven from one province + to another, till, instead of grasping at general dominion, they were + reduced to defend their wives and children. +</p> +<p> + How much of this success was to be ascribed to that part of the + regulation which this motion proposes to be changed, it is not, my + lords, within my province to determine; the great commander whom I have + the honour to oppose, can best explain to your lordships the province of + every officer in the field, and how far the number of inferiour officers + may influence the success of a battle and the fate of a kingdom. +</p> +<p> + But to me, my lords, the establishment of our armies, comprising + different views, and connecting various subordinate regulations, may be + compared to a medicine composed of different ingredients, and found + infallibly efficacious in a dangerous disease, in which, though some of + the parts may seem to physicians of the profoundest learning, + superfluous or improper, it would be no less than the folly of + preferring experiments to life, to make any alteration. +</p> +<p> + The wantonness of innovation, my lords, is a dangerous disease of the + mind; in a private station, it prompts men to be always discontented + with what they find, and to lose the enjoyment of good in search of + something better; it incites them to leave the safe and beaten tracks of + life, in search of those which they imagine nearer, but, which are, at + best, less secure, and which generally lead them to points far different + from that to which they originally intended to direct their course. +</p> +<p> + It is dangerous, my lords, to admit any alteration which is not + absolutely necessary, for one innovation makes way for another. The + parts of a constitution, like a complicated machine, are fitted to each + other, nor can one be changed without changing that which corresponds to + it. This necessity is not always foreseen, but when discovered by + experience is generally complied with; for every man is more inclined to + hazard farther changes, than to confess himself mistaken by retracting + his scheme. Thus, my lords, one change introduces another, till the + original constitution is entirely destroyed. +</p> +<p> + By the ambition of innovation, my lords, have almost all those empires + been destroyed, of which nothing now is left but the memory. Every human + establishment has its advantages and its inconveniencies, and by weak + attempts to remedy these defects, which, notwithstanding the utmost + attention, will embarrass the machine of government, alterations have + been introduced which have been quickly followed by a total dissolution. +</p> +<p> + There seem, my lords, to be few regulations on which it is more + dangerous to make experiments than on that of the armies of a nation. We + are sufficiently convinced how much of success is the consequence of + courage, and that courage is only an opinion of our own superiority, + arising from certain circumstances, either imaginary or real. +</p> +<p> + The courage which at present animates our forces, arises, my lords, from + a very proper ground, their former victories over the enemies which they + are now to combat, and will, therefore, doubtless, continue while they + can consider themselves as enjoying the same advantage with those + particular men by whom the victories were obtained. But, my lords, if + any essential part of their establishment be changed, they will be + considered, both by themselves and their enemies, as a different army; + they will then charge with less alacrity, and be opposed with less + dejection; they will consider themselves as fighting without that + certainty of success which arises from experience, and their enemies + will resolve to try, by an obstinate resistance, whether they are now + equally formidable as in their former state. +</p> +<p> + Thus, my lords, I have attempted, however weakly, to represent the + arguments which I have heard for the continuance of the establishment, + of which your lordships will examine the validity, and shall now proceed + to consider the noble duke's system of a military subordination in time + of peace. +</p> +<p> + Whether a standing army in time of peace is made necessary to the change + of conduct in foreign courts, it is now useless to inquire; but it will + be easily granted by your lordships, that no motive but necessity, + necessity absolute and inevitable, ought to influence us to support a + standing body of regular forces, which have always been accounted + dangerous, and generally found destructive to a free people. +</p> +<p> + The chief reason, my lords, of the danger arising from a standing army, + may be ascribed to the circumstances by which men, subject to military + laws, are distinguished from other members of the same community; they + are, by the nature of martial government, exposed to punishment which + other men never incur, and tried by forms of a different and more + rigorous kind than those which are practised by the civil power. They + are, if not exempted from the jurisdiction of a magistrate, yet subject + to another authority which they see more frequently and more severely + exerted, and which, therefore, they fear and reverence in a higher + degree. They, by entering into the army, lay aside, for the most part, + all prospect of advantage from commerce or civil employments, and, in a + few years, neither fear nor hope any thing but from the favour or + displeasure of their own officers. +</p> +<p> + For these, my lords, or for other reasons, the soldiers have always been + inclined to consider themselves as a body distinct from the rest of the + community, and independent on it, a government regulated by their own + laws, without regard to the general constitution of their country; they + have, therefore, been ready to subvert the constitution, from which they + received little advantage, and to oppress the civil magistrates, for + whom they had lost their reverence. +</p> +<p> + And how soon, my lords, might such outrages be expected from an army + formed after the model of the noble duke, released from the common + obligations of society, disunited from the bulk of the nation, directed + solely by their own officers, and ultimately commanded by a man who had + the right of commanding no other? Would they not soon consider + themselves as a separate community, whose interests were, no less than + their laws, peculiar to themselves? Would they not consider him, from + whom they received all their rewards, and all their punishments, as the + proper object of their supreme regard, and endeavour to exalt him to the + same dominion over others, which he enjoyed in regard to themselves, + that they might share in his superiority? +</p> +<p> + A body of men, my lords, thus separated from the rest of the people, + must consider themselves as either ennobled or degraded by such + distinction, and would soon find themselves inclined to use the power of + their arms, either in the exertion of their privileges, or the revenge + of their disgrace. Then, my lords, would they set at defiance the laws + of the nation, nor would one of these noble lords be able to disband, + nor the other to resist them. +</p> +<p> + The army, my lords, is, in time of peace, then best regulated when it is + kept under the strictest subordination to the civil power, that power + which it is instituted to protect and to preserve. +</p> +<p> + Thus, my lords, have I examined the proposal and reasons of the noble + duke, perhaps not much to the information of your lordships; but it + cannot be expected that any capacity should be able, in an unexpected + and sudden debate, to dispute on a subject, which the noble duke's + education gave him particular opportunities of understanding far beyond + almost every other man, and which he has had time to consider with + respect to this present motion. +</p> +<p> + For this reason, my lords, I cannot but think the previous question + highly expedient, but not for this reason alone; for as the state of the + army, and the proper methods of augmenting it, are soon to be examined + by the other house, to prejudice their determinations, may raise a + contest about privileges, and oblige us either to persist, for our own + honour, in opposition to measures necessary to the security of the + publick, or, in compliance with the present exigence, accept their + scheme, however opposite to our own resolution. +</p> +<p> + Lord CARTERET spoke in substance as follows:—My lords, the known + abilities of that noble lord incline me always to hear him with uncommon + expectation and attention, which seldom fail to be rewarded by such + pleasure and information as few other men are able to afford. But his + observations on the question before us, my lords, have only convinced + me, that the greatest abilities may be sometimes betrayed into errour, + and the most candid disposition be vitiated by accidental prejudices. + For his own arguments neither appear just, nor his representation + impartial, of those advanced in favour of the motion. +</p> +<p> + With regard to the number of officers necessary in time of war, his + lordship asserted nothing from his own knowledge, nor do I believe that + any other lord will imagine himself qualified to dispute with the noble + duke upon questions purely military. His experience entitles him to the + highest authority, in debates of this kind; and if every man has a claim + to credit in his own profession, surely, he who has given evidence of + his proficiency in the art of war in the eyes of the whole world, will + not be denied, in this house, that superiority which would readily be + allowed him in any other part of the universe. +</p> +<p> + And yet less, my lords, can it be suspected, that he intends to deceive + us, than that he can be deceived himself; for not only his probity, his + love of his country, and his fidelity to the crown, concur to secure him + from any temptations to make an ill use of his credit, but his own + interest obliges him to offer that scheme for the regulation of our + forces, which, in his own opinion, will most certainly contribute to + their success. For it is not to be doubted, my lords, that when we shall + be engaged in war too far for negotiations and conventions, when we + shall be surrounded by enemies, and terrified at the near approach of + danger, he will be called upon to lead our armies to battle, and attack, + once more, those enemies that have fled so often before him. +</p> +<p> + Then, my lords, if he has contributed to form a weak plan of our + military constitution, must he atone for it with the loss of his + reputation; that reputation, for which he has undergone so many + fatigues, and been exposed to so many dangers. +</p> +<p> + But, my lords, it is ridiculous to suspect where nothing appears to + provoke suspicion, and I am very far from imagining that the dangers of + innovation, however artfully magnified, or the apprehensions of the + soldiers, however rhetorically represented, will be thought of any + weight. +</p> +<p> + The establishment of the army, my lords, is an innovation, and, as the + noble lord has justly represented it, an innovation that threatens + nothing less than the destruction of our liberties, and the dissolution + of our government. Our vigilance ought, therefore, to be very anxiously + employed in regulating this new part of our government, and adapting it, + in such a manner, to the national constitution, that no detriment may + arise from it, and that our civil rights may be protected, not + oppressed, by the military power. +</p> +<p> + To this purpose, says the noble lord, the soldiers are to be restrained + by a due subordination to the magistrate, a position undoubtedly true, + but now superfluously urged: for it was never controverted by the noble + person whose opinion he intended to oppose. +</p> +<p> + Should any man assert, my lords, that the army ought to be formed into a + distinct and independent society, which should receive laws only from a + council of war, and have no other governour than their officers, none + should oppose such an assertion with more ardour or constancy than + myself, but what was never advanced it is unnecessary to confute. +</p> +<p> + Yet, my lords, to obviate those dangers from the army which have been so + strongly and justly represented, it is necessary, not only that a legal + subordination to the civil authority be firmly established, but that a + personal dependence on the ministry be taken away. +</p> +<p> + How readily men learn to reverence and obey those on whom their fortunes + depend, has been already shown by the noble lord, and therefore it will + follow, that a minister who distributes preferments at his pleasure, may + acquire such an influence in the army, as may be employed to secure + himself from justice by the destruction of liberty. And unless it can be + proved, that no such minister can ever exist; that corruption, ambition, + and perfidy, have place only in the military race; every argument that + shows the danger of an army, dependent only on the general, will show + the danger, likewise, of one dependent only on the minister. +</p> +<p> + The influence of the minister, my lords, is known to arise from the + number of the officers, and to be proportioned to the value of the + preferment, which it is in his power to bestow; it is, therefore, + evident, by adding new officers to our army, we shall throw weight into + the scale, which already is, at least, an equal balance to our + constitution, and enable the ministry either to employ an army in + defence of their measures, or to obtain such an influence in the senate, + as shall make any other security superfluous. +</p> +<p> + Such, my lords, is the danger of a multitude of officers, a danger which + surely deserves more attention than the imaginary prejudice of the + soldiers in favour of the present establishment; a prejudice represented + so powerful, both in our own forces, and those of our enemies, that the + future success of our arms may probably depend upon it. +</p> +<p> + Surely, my lords, that cause may be allowed indefensible, which such a + patron defends so weakly. What can be more chimerical than to imagine + that men would lay down their arms, and forsake their standards, because + there are twenty more in a company than have formerly been? That such a + panick, from such a cause, was never found, I need not prove; and I + scarce think it necessary to assert, that, without supposing a universal + depravity of reason, it never can be found. +</p> +<p> + The establishment proposed by the noble duke, is the same with that of + most foreign troops, and particularly with that of his majesty's forces + in his foreign dominions, and, therefore, cannot but be approved by him, + if it should be proposed by your lordships. For why should he imagine a + greater number of officers necessary to the troops of Britain, than to + those of any other nation. +</p> +<p> + The expediency of the motion, my lords, is, in my opinion, so obvious + and incontestable, as to require no farther consideration, and, + therefore, it is no argument against it, that we were not previously + informed of the question. +</p> +<p> + Much less, my lords, can I discover the force of the assertion, that by + such a resolution we shall excite the displeasure of the other house; we + have, my lords, at least, an equal right with them to examine any + position relating to the publick security, a right which we may exert + with less danger of disgusting them, while they have yet formed no + determination, and with less danger to the nation, than when their + opinion, whatever it may be, cannot be controverted without retarding + the important bill against mutiny. +</p> +<p> + We are never offended, my lords, at receiving the opinions of the other + house, which we often adopt without any alteration, and often make use + of for our own instruction, and now are become so contemptible as that + no regard should be paid by them to our resolutions. +</p> +<p> + It is well known, my lords, that this assembly is an essential and + constituent part of the legislature of this kingdom, and that we + received from our ancestors a great extent of power, which it ought to + be our care not to suffer to be contracted by degrees, till this + assembly shall become merely formal, and sit only to ratify implicitly + the determinations of the other house. +</p> +<p> + [Several other lords spoke in the debate, and the president having put + the previous question, "Whether the question should be then put?" upon a + division, it passed in the negative. Content, 42. Not content, 59.] +</p> +<a name="2H_4_8"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF COMMONS, DECEMBER 12, 1740. +</h2> +<center> + RESPECTING OFFICERS ON HALF-PAY. +</center> +<p> + Mr. SANDYS this day moved for an humble address to his majesty, that, + for the future ease of his majesty's subjects, all officers now + subsisting upon half-pay, etc. might be employed in the army, and + supported it to the following effect: +</p> +<p> + Sir, though I have often known motions opposed without any just + objections, or at least without any proof of such inconveniencies likely + to arise from them, as were equivalent to the advantages which they + would have produced, yet I cannot but confess, that any opposition to + this will be unexpected and surprising; for it is, in my opinion, + supported by every law of justice and humanity. If we regard the publick + in general, it cannot but produce some alleviation of the national + expense; and if we consider the particular persons to whom it + immediately relates, they have certainly a just claim to that regard + which it is the tendency of this motion to procure them. +</p> +<p> + To burden with superfluous officers, and unnecessary expenses, a people + already overwhelmed with taxes, and overrun with the dependents on the + crown, is, surely, to the highest degree cruel and absurd. And to + condemn those men to contempt and penury, who have served their country + with bravery and fidelity, to prefer unexperienced striplings to those + commissions, which would gladly be accepted by men who have already + tried their courage in the battle, and borne the fatigues of marches, + and the change of climates, is surely not only to oppress the deserving, + and scatter promotion without just distinction; but, what is yet more + enormous, it is to wanton with the publick safety, and expose us to our + enemies. +</p> +<p> + Nor does it appear to me sufficient, that the veteran officers be + restored to the commissions which they formerly enjoyed; they ought, + upon an augmentation of our troops, to be recompensed by some + advancement for their services and their sufferings; the ensign ought to + become a lieutenant, and the lieutenant be exalted to a captain; + stations which they will surely fill with more dignity and greater + abilities, than boys newly discharged from school, and intrusted with + unexpected authority. +</p> +<p> + If it be reasonable, sir, that expense should be spared in a time of + general poverty, if it be politick to carry on war in the manner most + likely to produce success, if it be just, that those who have served + their country should be preferred to those who have no merit to boast, + this motion cannot be rejected. +</p> +<p> + Sir William YONGE answered to this purpose:—Sir, to the motion now + made, it will not, I believe, be objected, that it is unreasonable, or + unjust, but that it is unnecessary, and that it is not drawn up with + sufficient consideration. +</p> +<p> + It is unnecessary, because his majesty is advised by it to no other + measures than those which he has already determined to pursue; for he + has declared to me, sir, his intention of conferring the new commissions + upon the officers who receive half-pay, before any other officers shall + be promoted. +</p> +<p> + The motion appears to me not to be very attentively considered, or drawn + up with great propriety of expression; for it supposes all the half-pay + officers fit for the service, which cannot be imagined by any man, who + considers that there has been peace for almost thirty years; a space of + time, in which many vigorous constitutions must have declined, and many, + who were once well qualified for command, must be disabled by the + infirmities of age. Nor is the promotion of one of these gentlemen + considered always by him as an act of favour; many of them have, in this + long interval of peace, engaged in methods of life very little + consistent with military employments, many of them have families which + demand their care, and which they would not forsake for any advantages + which a new commission could afford them, and therefore it would not be + very consistent with humanity to force them into new dangers and + fatigues which they are now unable to support. +</p> +<p> + With regard to these men, compassion and kindness seem to require that + they should be suffered to spend their few remaining days without + interruption, and that the dangers and toils of their youth should be + requited in their age with ease and retirement. +</p> +<p> + There are others who have less claim to the regard of the publick, and + who may be passed by in the distribution of new preferments without the + imputation of neglecting merit. These are they who have voluntarily + resigned their commissions for the sake of half-pay, and have preferred + indolence and retreat to the service of their country. +</p> +<p> + So that it appears, that of those who subsist upon half-pay, some are + unable to execute a commission, some do not desire, and some do not + deserve it; and with regard to the remaining part, which can be no great + number, I have already stated the intention of his majesty, and + therefore cannot but conclude that the motion is needless. +</p> +<p> + Mr. PULTENEY spoke as follows:—Sir, I know not by what fatality it is, + that all the motions made by one party are reasonable and necessary, and + all that are unhappily offered by the other, are discovered either to be + needless, or of pernicious tendency. Whenever a question can be clouded + and perplexed, the opponents of the ministry are always mistaken, + confuted, and, in consequence of the confutations, defeated by the + majority of votes. When truth is too notorious to be denied, and too + obvious to be contested, the administration claim the honour of the + first discovery, and will never own that they were incited to their duty + by the remonstrances of their opponents, though they never, before those + remonstrances, had discovered the least intention of performing it. +</p> +<p> + But that the motion is allowed to be just and proper, is sufficient; the + importance of it will be easily discovered. For my part I shall always + consider that motion as important, which tends to contract the expenses + of the publick, to rescue merit from neglect, and to hinder the increase + of the dependents on the ministry. +</p> +<p> + Sir Robert WALPOLE answered:—Sir, there is no temper more opposite to + that incessant attention to the welfare of the publick, which is the + perpetual boast of those who have signalized themselves by opposing the + measures of the administration, than a lust of contradiction, and a + disposition to disturb this assembly with superfluous debates. +</p> +<p> + Whether this disposition is not discovered in the reply made to the + declaration of his majesty's intentions, and the confession of the + propriety of the motion, let the house determine. It must surely be + confessed, that it is not necessary to advise what is already + determined. +</p> +<p> + Nor is it less evident, that many of the officers whose interest is now + so warmly solicited, must be incapacitated by their age for service, and + unable to receive any benefit from the offer of new commissions. To deny + this, is to question the flux of time, or to imagine that the + constitution of a soldier is exempt from its injuries. +</p> +<p> + Mr. SANDYS explained himself to this effect:—Sir, I am far from + intending by this motion to fill the army with decrepit officers, or to + obstruct in any manner the service of the publick; nor have I any other + intention, than to secure to those whose years permit, and whose + inclinations incite them to enter once more into the army, that + preferment to which they have a claim, not only from their past + services, but from the state of penury and obscurity in which they have + languished. +</p> +<p> + I desire to preserve those, whose valour has heretofore made our nation + the terrour of the world, from the mortification of seeing themselves + insulted by childhood, and commanded by ignorance; by ignorance exalted + to authority by the countenance of some rhetorician of the senate, or + some mayor of a borough. +</p> +<p> + Whoever has observed the late distribution of military honours, will + easily discover that they have been attained by qualifications very + different from bravery, or knowledge of the art of war; he will find + that regiments and companies are the rewards of a seasonable vote, and + that no man can preserve his post in the army, whether given him as the + reward of acknowledged merit, or sold him for the full value, any longer + than he employs all his influence in favour of the ministry. +</p> +<p> + Sir Robert WALPOLE then said:—Sir, it has been already admitted, that + the motion can only be objected to as superfluous, and, therefore, all + farther debate is mere waste of time, without any prospect of advantage; + nor is any thing now necessary, but to review the motion, and correct + such expressions as may be thought inaccurate or improper. +</p> +<p> + That <i>all</i> the half-pay officers are not able to enter into the service, + has been already shown, and, therefore, I should imagine, that, instead + of <i>all the officers</i>, we might very justly substitute <i>officers + properly qualified</i>. +</p> +<p> + Sir John BARNARD replied:—Sir, though I cannot discover the necessity + of any alteration, since it cannot be conceived that the senate can + advise impossibilities, yet since so much accuracy is affected, it may + be allowed that the word <i>all</i> shall be left out, as seeming to imply + more than can be intended. +</p> +<p> + But the honourable gentleman is not, in my opinion, so happy in his + amendment, as in his objection; for the words <i>properly qualified</i> + convey to me no distinct idea. He that is qualified is, I suppose, + <i>properly qualified</i>, for I never heard of <i>improper qualifications</i>; + but if the word <i>properly</i> be omitted, I have no objection to the + amendment. +</p> +<p> + This motion was agreed to. +</p> +<a name="2H_4_9"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF COMMONS, JAN. 24, 1740-1. +</h2> +<center> + [DEBATE ON AN ADDRESS FOR PAPERS RELATING TO ADMIRAL HADDOCK.] +</center> +<p> + Mr. WALLER this day offered the following motion in writing, That an + humble address be presented to his majesty, that he will be graciously + pleased to give directions that there may be laid before this house + copies of two particular letters written by his majesty's secretary of + state to admiral Haddock, which had been addressed for before, and of + the letters received from admiral Ogle mentioned therein; together with + all letters written by admiral Haddock to either of his majesty's + secretaries of state, concerning the said letters, and the execution of + the orders contained therein. +</p> +<p> + This motion he supported by arguments to the following effect:—Sir, no + man who considers the present situation of our foreign affairs, the + expense and inefficacy of our military preparations, the appearance of + negligence in our naval expeditions, and the general disappointment of + the hopes which the nation had conceived of victories, vengeance, and + reparations, can, in my opinion, doubt the expediency of the motion + which I have taken the liberty to make. +</p> +<p> + When the expectations of the nation are deceived, it certainly becomes + those who are deputed to watch over the prosperity of the publick, to + inquire whence the disappointment proceeds, and either to inform their + constituents that their uneasiness arises from their own errour, and + that their hopes are destroyed because they had no rational foundation; + or to detect the weak management of those by whom the publick measures + have been ill-conducted, or the national treasure has been misapplied. +</p> +<p> + With regard, sir, to the present war, I know not how the nation can be + charged with having formed unreasonable expectations. If they considered + the speech from the throne, the most authentick declaration of the + intentions of the government, they found there the warmest resentments + of the injuries which they had sustained, and the strongest assurances + of a vigorous prosecution of all those measures which might produce + speedy recompense, and inviolable security. +</p> +<p> + If they reflect, sir, on the preparations for war, on the multitude of + ships, the demand of materials for naval equipments, and the high prices + at which workmen were retained, they could not but imagine that either + some mighty attempt was designed, or some formidable enemy dreaded, and + as they know not whom they had to fear, they ascribed the vigour of our + proceedings to a resolution of humbling our enemies by one fatal blow, + and re-establishing our naval dominion by a single effort. +</p> +<p> + And justly, sir, might they indulge this pleasing imagination; with + reason might they anticipate a triumph over an enemy whose strength + bears no proportion to the force that was fitted out against them, and + expect that in a few months they should see the ambassadors of Spain + supplicating for peace. +</p> +<p> + To raise their expectations yet higher, their trade was suspended by an + embargo, long continued, and in the strictest manner enforced, and the + impresses were let loose upon the sailors; they saw nothing omitted, + however grievous to the nation, that could contribute to make it + formidable, and bore part of the miseries of war without impatience, in + hopes of being rewarded by military glory, and repaid by the plunder of + Spain. +</p> +<p> + But, sir, when so long a time has elapsed, and no account is brought of + either a victory or a battle, when they hear nothing but that our fleets + have visited several neutral ports, and those of the enemy sailed + unmolested from coast to coast, and when they are every day told of the + losses of our merchants, are insulted in our own channel by the Spanish + privateers, and receive no relations of our success upon the shores of + our enemies, can it be wondered that they suspect the reality of our + designs, or inquire whence it proceeds that their money has been wasted, + their trade interrupted, and the liberty of their fellow-subjects + invaded to no purpose? +</p> +<p> + But how much more justly, sir, are they inflamed when they hear of the + lucky stratagems, or daring enterprises of those enemies, which a just + sense of their own superiority, had induced them to consider as + vanquished before the battle, and of whom they had no apprehensions but + that their cowardice would always secure them from vengeance? How + justly may they murmur when they read, that our fleets leave every part + of the enemy's coast where their presence is necessary, and have + afforded the Spaniards an opportunity of changing one port for another, + as it is most convenient, and at length of joining the French squadrons, + and sailing to the defence of their American dominions? +</p> +<p> + May they not justly, sir, require of their representatives some reason + for such inexplicable conduct? May they not reasonably demand an account + of the arguments which procured their approbation of measures, which, so + far as they can be examined by those who have no opportunity of perusing + the necessary papers, appear either cowardly or treacherous? +</p> +<p> + And what answer, sir, can we return to such remonstrances, unless this + motion be agreed to? How can we appease the discontents of our + constituents, or discharge the trust reposed in us, without a very + minute and attentive inquiry into questions thus obscure and thus + important? +</p> +<p> + Are we to tell our constituents, that we absolutely rely upon the + prudence and fidelity of the ministry and admirals, and recommend to + them the same implicit dependence? Are we to confess that we have now + for two sessions voted in the dark, and approved what we were not + suffered to examine and understand? +</p> +<p> + Such answers, sir, to questions so reasonable, will not contribute to + increase the veneration of the people either for ourselves, or our + constitution; and yet this answer, and this only, they can receive from + us, if the papers mentioned in the motion I have made are denied. +</p> +<p> + Mr. CLUTTERBUCK replied in the following manner:—Sir, this motion, + though so warmly urged, and so artfully supported, I can consider only + as a repetition of a former motion which was approved by the assembly, + so far as it could properly be complied with, nor was any paper then + concealed which it would not have been an injury to the nation to have + divulged. +</p> +<p> + If the design of this motion be to promote the success of the present + war, and the zeal with which it has been pressed, be incited only by the + ardour of true patriotism, I doubt not but it will easily be withdrawn + by those who are now most inclined to support it, when they shall + reflect that it tends to the discovery of our schemes, and to the + overthrow of our designs, that it will expose all our consultations to + our enemies, and instruct them how to annoy us with most success, and + how to shelter themselves from our intended attacks. +</p> +<p> + It is the first care, sir, of every administration, that their military + designs should only be discovered by the execution of them, and that + their enemies, by being obliged to guard all parts, should be weak in + all. If, by laying our papers before this house, the Spaniards should + come to be informed against what part of their dominions our expeditions + are designed, will they not increase their strength, improve their + fortifications, and double their vigilance? And if we are thus obliged + to form new schemes, must we not impute the defeat of the former to our + own imprudent zeal, or unseasonable curiosity? +</p> +<p> + Mr. SANDYS spoke to this effect:—Sir, that we should demand the schemes + laid for the future conduct of the war with Spain was never proposed, + nor, as it may reasonably be concluded, ever imagined; for what is + mentioned in the motion but the papers relating to the transactions of + the two last years. +</p> +<p> + That it should be necessary to remind gentlemen of the difference + between the <i>future</i> and the <i>past</i>, would hardly be suspected by any + man not accustomed to senatorial controversies and artifices of state; + and yet in the argument which has been offered against the motion, + nothing has been asserted but that the orders relating to past + transactions are not to be laid before us, lest the enemy should thereby + gain intelligence of what we now design against them. +</p> +<p> + The necessity of secrecy in war needs not be urged, because it will not + be denied; but when designs have been laid, and miscarried, the reasons + of that miscarriage may surely be inquired, without danger of betraying + the councils of our country. +</p> +<p> + If the negligence of our councils, and the misconduct of our commanders, + has been such, that no designs have been premeditated; if a war has been + carried on by chance, and nothing has succeeded, because nothing has + been attempted; if our commanders have not done ill, and have only done + nothing; if they have avoided loss by avoiding danger; we may surely + inquire to whom such proceedings are to be imputed, whether the defeat + of our designs is to be charged upon the strength of our enemy, or the + cowardice of our officers; or whether the inactivity and apparent + neutrality of our forces is occasioned by the negligence of our + admirals, or the irresolution of our own ministry. +</p> +<p> + There have been, sir, many incidents in these two last years, of which + the examination can be of very little advantage to the Spaniards. I do + not know what pernicious intelligence they can glean from an inquiry + into the reasons for which Haddock's fleet was divided, and Ogle sent to + the defence of Minorca, or for which he afterwards returned. +</p> +<p> + Nor can I conceive that any advantage, except that of merriment and + diversion, can be thrown into the hands of our enemies, though we should + seriously inquire into what no man has yet pretended to understand, the + wonderful escape of the Spanish squadron. A transaction on which we had + dwelt long enough with that admiration which ignorance produces, and on + which it may not be improper at length to enable us to reason. +</p> +<p> + This is an affair, perhaps, much better understood by our enemies than + by ourselves, and surely we cannot, therefore, be afraid of informing + them of it; at least since the fleet has long since sailed out, and left + their coast, we can hardly be restrained in our inquiries by the fear of + discovering our <i>future</i> designs. +</p> +<p> + If, therefore, it be the incontestable right of the senate to examine + the conduct of publick affairs, which I suppose will scarcely be denied, + this motion cannot be rejected as unseasonable, nor can the papers be + refused, without increasing those suspicions which are already too + prevalent throughout the nation. +</p> +<p> + Nor, indeed, for our own sakes, ought we to delay this inquiry any + longer, lest by having long acted without being accountable, the + minister should form a prescription against our privilege, and, in time, + tell us in plain terms that we are his slaves, and that we are not to + presume to carry our examinations, however solemn and important they may + continue to appear, farther than he shall be pleased to permit; and + that, whatever may be the opinion of the people that deputes us, or, + whatever ancient claims we may plead to authority, we are now to + consider ourselves only as the oppressors of the nation, and the + panegyrists of the court. +</p> +<p> + Mr. WALPOLE next rose, and spoke to this purpose:—Sir, it cannot be + denied to be reasonable that all those papers should be laid before the + senate, which can be communicated without injury to the publick. Of this + number we may justly imagine the orders sent to the admirals, in which + the time of their departure is fixed, and many others which may be of + use to inform the house, but cannot enable the enemy to judge either of + our force or our designs. +</p> +<p> + But it is evident, that there must be others included in this motion, + which our regard for the success of the war, and the prosperity of our + country, ought to determine us to conceal, and such as are never exposed + by any administration; it is, therefore, proper to limit the address to + papers of a certain kind, or a certain date, which may be considered by + the house without benefit to our enemies, and for the examination of + which a day or two will be more than sufficient. +</p> +<p> + Mr. PULTENEY spoke in substance as follows:—Sir, I know not what + number of papers the wisdom of the administration will allow us, but, if + we judge by the time proposed to be spent in examination, we shall not + be distracted with a great diversity of subjects; intelligence will be + very penuriously dealt out, and if we submit to their choice of the + writings which shall be laid before us, our inquiry will probably end + without any discoveries made either by our enemies or ourselves. +</p> +<p> + But I hope, sir, we shall not be so cheaply satisfied, nor exposed by + the fear of one enemy, to the insolence of another. I hope we shall + resolutely continue our demands of information, while a single line is + concealed, from which any light can be expected. +</p> +<p> + There may, indeed, be circumstances in which our demands, however loud, + will necessarily be vain. It is not impossible that we may suspect those + transactions of deep art, and secret contrivance, which have been the + consequences of mere indolence, and want of consideration. Our great + ministers have been, perhaps, only doing nothing, while we have imagined + that they were working out of sight. +</p> +<p> + Misled, sir, by this notion, we may call for the orders that have been + despatched in these two last years, when, perhaps, our secretaries of + state have been fattening on their salaries without employment, and have + slept without care, and without curiosity, while we have been + congratulating ourselves upon their vigilance for our preservation. +</p> +<p> + Or if orders have been given, it is to be considered, that the end of + inspecting orders is to compare them with the conduct of the admirals to + whom they were directed: from this comparison, I doubt not but many + gentlemen expect uncommon discoveries; but to check all unreasonable + hopes before they have taken possession of their hearts, for + unreasonable hopes are the parent of disappointment, I think it proper + to remind them, that to draw any conclusions from the orders, it is + necessary to understand them. +</p> +<p> + This consideration alone is sufficient to redress the ardour of inquiry, + for every man that has had opportunities of knowing the wonderful + accomplishments of our ministry, the depth of their designs, the + subtilty of their stratagems, and the closeness of their reasoning, will + easily conceive it probable that they might send such orders as none but + themselves could understand; and what then will be the consequence of + our idle curiosity, but that we be led into a labyrinth of endless + conjectures? For we have long ago found that no explanations are to be + expected, and that our ministry are too wise to discover their secrets + to their enemies. +</p> +<p> + Let us, therefore, examine the naked facts which have fallen within our + observation, and endeavour to inform ourselves of the meaning of these + secret orders by the execution of them. +</p> +<p> + Admiral Ogle was despatched from Haddock's fleet to protect Minorca, + and, in his absence, the Spanish squadron sailed away. Perhaps he was + ordered to watch Ferrol and Minorca at the same time, and not + understanding how that was to be done, neglected one part of his charge, + by an attention to the other: as a watchman who should be employed to + guard at once the bank in London, and the treasury in Westminster. +</p> +<p> + Admiral NORRIS, sir, sailed lately forth, I suppose, in pursuance of + orders, with a very formidable fleet, and after having lost sight for + some days of the British coast, sailed back again with great + precipitation. Whether his orders were only to sail forth, or whether, + when he examined them farther, he could not understand them, I pretend + not to determine; but it may reasonably be imagined that his orders were + of the same kind with those of our other admirals, because they produced + the same consequences. +</p> +<p> + I have been told, that formerly our commanders were ordered to <i>burn</i>, + <i>sink</i>, and <i>destroy</i>; and that in those times it was not uncommon for a + British admiral to do much mischief with a strong fleet; but it is + evident that the style is since changed, for our admirals are now very + inoffensive, and go out only to come back. I, therefore, think the + motion highly necessary, and such as ought to be complied with. +</p> +<p> + Admiral NORRIS here rose up, and spoke thus:—Sir, I am not conscious + that my conduct in any part of my life has exposed me to be justly + treated with contempt and ridicule, and what I have not deserved I will + not bear. +</p> +<p> + If any gentleman in this house can accuse me of having neglected my + duty, or deserted it, let him not spare insults or invectives, let him + now expose my cowardice or my carelessness, let him prove me unworthy of + trust or of command. +</p> +<p> + But my own conscience acquits me, and I defy any man to produce and + support his accusation; nor can you, sir, [Footnote: Addressing himself + to Mr. PULTENEY.] who have thus contemptuously treated me, allege any + thing against me that may justify your neglect of decency: that you have + transgressed the rules of decency is the softest censure that your + behaviour admits, and I think it may with equal propriety be asserted, + that you have broken the laws of justice. +</p> +<p> + Mr. PULTENEY replied in this manner:—Sir, I shall submit to you and all + who hear me, whether I have treated the honourable gentleman's name with + any contemptuous freedom of speech. The usual method of mentioning an + expedition is that of naming the commander, who is not thereby + necessarily included in the censure of an unsuccessful attempt, and I am + very far from calling his courage and capacity into question. +</p> +<p> + Not that I shall ever think it necessary to make an apology for + expressing my sentiments with freedom as a member of this house, in + which I shall always speak what I think, and in what manner it shall + appear to me most proper, nor shall I fear to repeat without doors what + I say here. +</p> +<p> + Sir Robert WALPOLE next rose up, and spoke to this purpose:—Sir, as I + am not acquainted with any measures pursued by the administration, which + it is their particular interest to conceal, I am desirous that all + papers should be laid before the house which will not afford our enemies + any opportunity of obviating our designs. +</p> +<p> + What necessity there is for this address I cannot, indeed, discover, + because I know not any foundation for suspicion of either negligence or + treachery, which have been both insinuated in this debate. +</p> +<p> + Nor are the ministry, however ludicrously their abilities have been + treated, afraid of discovering their ignorance, by laying before the + house the orders which they have given to our admirals; orders of which + they are far from doubting that they will appear, upon a candid + examination, rational and proper. +</p> +<p> + The chief objection to this motion arises from its unreasonableness, and + the necessity which it will produce of assigning to a fruitless inquiry + those hours that may be more usefully employed. +</p> +<p> + Mr. PITT replied in terms to the effect following:—Sir, it is my + opinion, that our time cannot be more usefully employed during a war, + than in examining how it has been conducted, and settling the degree of + confidence that may be reposed in those to whose care are intrusted our + reputations, our fortunes, and our lives. +</p> +<p> + There is not any inquiry, sir, of more importance than this; it is not a + question about an uncertain privilege, or a law, which, if found + inconvenient, may hereafter be repealed; we are now to examine whether + it is probable that we shall preserve our commerce and our independence, + or whether we are sinking into subjection to a foreign power. +</p> +<p> + But this inquiry, sir, will produce no great information, if those, + whose conduct is examined, are allowed to select the evidence. For what + accounts will they exhibit but such as have often already been laid + before us, and such as they now offer without concern: accounts obscure + and fallacious, imperfect and confused, from which nothing can be + learned, and which can never entitle the minister to praise, though they + may screen him from punishment. +</p> +<p> + Mr. PELHAM spoke as follows:—Sir, I am confident that no man engaged in + the administration desires to be <i>screened</i> from the most rigorous + inquiry, or would defer to exhibit the papers a moment for any other + reason than his regard for the publick. +</p> +<p> + I am confident, that nothing could so much contribute to advance the + particular and distinct interest of the ministry as the publication of + all the writings that relate to the present war, by which it would + incontestably appear that nothing has been omitted that could promote + our success, that our commanders have been sent out with orders to act + with the utmost vigour, and that our preparations have been not + disproportioned to the importance of our design. +</p> +<p> + It will appear that no former ministry have given greater proofs of + their zeal for the publick interest, or have more steadily pursued the + most proper measures by which it might be advanced. +</p> +<p> + I am not, indeed, certain that those who now call so loudly for + information would be prevailed on by any degree of evidence to suspend + their censures. Them, who are now dissatisfied, I shall despair of + influencing by reason or testimony; for they seem to inquire only to + condemn; nor is this motion, perhaps, made so much for the sake of + obtaining information, as of harassing the ministry with delays, and + suspending affairs of greater importance. +</p> +<p> + This motion was agreed to, and upon another motion made by Mr. SANDYS, + it was resolved, +</p> +<p> + "That an humble address be presented to his majesty, that he will be + graciously pleased to give directions, that there may be laid before + this house a copy of the reasons sent by admiral Cavendish, in pursuance + of an order from the commissioners of the admiralty, which had retarded + the sailing of admiral Ogle's squadron, so much beyond expectation." +</p> +<p> + Likewise, +</p> +<p> + "That an humble address be presented to his majesty, that he will be + graciously pleased to give directions, that there may be laid before + this house a copy of the reasons transmitted by admiral Ogle, that did + prevent him from sailing, pursuant to his repeated orders for that + purpose, and particularly to those sent him by the commissioners of the + admiralty." +</p> +<a name="2H_4_10"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF COMMONS, FEB. 3, 1740-1. +</h2> +<center> + [DEBATE REGARDING THE DEPARTURE OF THE <br>FRENCH AND SPANISH SQUADRONS.] +</center> +<p> + Mr. SANDYS this day presented a motion in writing, for petitioning his + majesty to inform them when the regency received intelligence that the + French and Spanish squadrons sailed, which was seconded, as follows, by + Mr. WALLER:— +</p> +<p> + Sir, the information now moved for, appears to me so necessary in their + deliberations on the conduct of the war, that without it we can only + conjecture in the dark, and entangle ourselves in an inextricable + labyrinth. +</p> +<p> + It is well known, that in war all motions are, in a great degree, to be + regulated by those of the enemy, and that, therefore, no vigilance is to + be spared by which any knowledge can be gained of their designs, nor any + methods omitted of communicating them to those who have the direction of + the war. +</p> +<p> + A ministry may, in conducting military operations, disappoint the + expectations of their country, either by neglecting to procure + intelligence, or by failing to make use of those opportunities which + seasonable information puts into their power, and they may, when their + designs fail of success, justify themselves, by proving that they were + deceived by intelligence which it was reasonable to believe, or that + better intelligence was not attainable, or that they made use, however + unsuccessfully, of all the forces that could then be employed, and of + all the advantages that were then in their possession. +</p> +<p> + But how shall we judge of our administration, how shall we know what + confidence we ought to repose in their prudence and fidelity, and what + miscarriages are to be attributed to the chance of war or superiour + force of our enemies, if we cannot be informed with what diligence they + endeavour at information, and how early they have notice of the motions + of the enemy? +</p> +<p> + The sailing, or rather escape of the Ferrol squadron, and departure of + the French fleet, are the most important events of the present war; + events that threaten very dangerous consequences, no less than descents + upon our American colonies, the conquest of our dominions, the slavery + of our fellow-subjects, and perhaps the destruction of the brave Vernon, + who is secure in the imagined vigilance of the other commanders, and + may, perhaps, in a few days see himself surrounded by formidable + squadrons of different nations, and exposed to the attack of forces to + which his little fleet bears no proportion. +</p> +<p> + Nothing appears more evident, than that we had opportunities of + observing, at least, all the preparations of the French, and of watching + the moment of their departure, and that our force on the coast of Spain + was sufficient to have confined their fleets for ever in their harbours, + or to have destroyed them at their first entrance into the open seas, of + which we may justly inquire, why it was not attempted, but shall inquire + to no purpose till we know when they departed, that we may consider the + state of our own forces, and whether our enemies escaped by our + negligence, cowardice, or weakness. +</p> +<p> + Mr. WINNINGTON then spoke to the following purpose:—Sir, that we + cannot deliberate upon subjects which we do not understand, and that, + therefore, no necessary or useful information ought to be denied to the + house, I shall readily admit; but must observe, at the same time, that + the reputation of the house would be very little consulted, in demanding + information which cannot be given. +</p> +<p> + To address his majesty to inform us of the time at which the squadrons + of our enemies sailed, is to inquire of him what it ought to be the + highest care of those princes to conceal from him, and which he can only + know by having spies in their privy councils. +</p> +<p> + And of what importance is it to inquire what intelligence was brought + him, or when he received it, if it appears that his intelligence must be + in its own nature uncertain and dubitable? +</p> +<p> + That they have left their ports is now certain, because they have been + twice discovered in different parts of the world; but, as we can now + only form conjectures on their designs and courses, so, before they + sailed, it was impossible to know when they were fully equipped, or what + time was fixed for their departure. It is to be remembered, that they + form their measures, and make their preparations in their own dominions, + and therefore, have more advantages of concealing their schemes than we + of discovering them. +</p> +<p> + Mr. Advocate CAMPBELL then spoke thus:—Sir, this motion, which has been + represented as unreasonable and absurd, is, in my opinion, not only + proper, but important. +</p> +<p> + It is important, because it will enable us to judge, upon sufficient + foundations, of the conduct of the ministry, who are censured by the + voice of the nation, for having been either defective in vigilance or in + activity, for having been either ignorant by their own fault of the + designs of the enemy, or perfidiously passive in permitting the + execution of them. +</p> +<p> + I am far from believing that such intelligence as our ministry is + expected to procure, requires any uncommon subtilty, or any other agents + than are always employed by every minister, to transmit to them + informations from foreign courts. Such, I am afraid, are always hovering + about our consultations, and I know not why our ministers should be less + diligent or less successful than those of other princes. +</p> +<p> + If, therefore, such intelligence might have been obtained, it was + criminal not to obtain it; and if the departure of the Spanish squadron + was foreseen, it ought to be inquired, why it was not prevented; and if + it was only known when it was too late to hinder it from sailing, why it + was not pursued, or why succours were not immediately despatched to + admiral Vernon. +</p> +<p> + All these questions can only be resolved, in consequence of the + information which his majesty shall give us; and for which it is, + therefore, in my opinion, necessary to petition. +</p> +<p> + Mr. Henry PELHAM spoke next, to this purpose:—Sir, how the regency + could be informed of the intention of the Spaniards to leave their ports + till it appeared by their departure, or by what means it can be expected + that his majesty should be now acquainted with their particular course, + or farther designs, I confess myself unable to conceive. +</p> +<p> + With regard, sir, to the intelligence transmitted from foreign courts by + agents and spies, a little consideration will easily discover that it is + not to be trusted. For what can be generally expected from them, but + that they should catch flying reports, or by chance intercept uncertain + whispers, that they should inquire timorously, and, therefore, for the + greatest part, of those from whom no satisfactory accounts can be + received, and that they should often endeavour to deserve their salaries + by such information as is rather pleasing than true. +</p> +<p> + All the knowledge that can be obtained of an enemy's designs, must arise + from a diligent comparison of one circumstance with another, and from a + general view of his force, his interest, and his opportunities. And that + such conjectures will be often erroneous, needs not be told. +</p> +<p> + Probability, therefore, is, in such inquiries, all that can be attained, + and he that sits idle in the time of war, expecting certain + intelligence, will see his enemies enjoying the advantages of his folly, + and laying hold on a thousand opportunities which he has neglected to + improve. +</p> +<p> + The war in which we are now engaged, has been carried on by the + administration with the utmost diligence and vigour; nor have any + measures been omitted that could probably produce success, and the + success of the wisest measures is only probable. +</p> +<p> + Should the great admiral, who is now present in the house, have met the + French and Spaniards in the open seas, by what art could he arrive at a + certain knowledge of their designs? He might by his acquaintance with + the situation and state of neighbouring countries, the observation of + their course, the periods of particular winds, and other hints of + observation, form probable conjectures, but could never reach to + certainty or confidence. +</p> +<p> + It seems to me, therefore, highly improper, to petition his majesty for + intelligence which he cannot be imagined to have received, and I cannot + agree to any motion for that purpose. +</p> +<p> + Mr. SANDYS then made another motion, to address his majesty, that there + may be laid before the house copies of all letters received from, or + written to, admiral Vernon since his going to the West Indies. Which + being seconded, +</p> +<p> + Mr. PELHAM spoke to this effect:—Sir, this motion, if the intention of + it be limited by proper restrictions, is doubtless reasonable and just; + for the right of this house to examine into the conduct of publick + affairs, and, consequently, for calling for the papers necessary to + enlighten their inquiries, is not to be disputed. +</p> +<p> + But, as the end of all such inquiries is the promotion of the publick + welfare, so they are not to be made in a manner by which that end may be + defeated. Papers are not to be demanded, which cannot be produced + without discovering our own secrets, and acquainting our enemies either + with that weakness which we ought carefully to conceal, or that force + which will be most effectually employed if it is not known, and, + therefore, no preparations are made to oppose it. +</p> +<p> + It cannot be imagined, but that many of the papers which have passed + between the admiralty and the commander in America, contain plans for + the prosecution of the war, observations on the conditions of our own + colonies, and, perhaps, intelligence of the estate of the Spanish + fortresses and towns. Many informations of the utmost consequence to our + enemies may be collected from those papers, but nothing can be expected + from them, that will enable us to prosecute a senatorial inquiry with + more success, that will put it in our power to discover frauds, + negligence, or treachery. +</p> +<p> + There are, sir, other papers which may, indeed, be laid before us, + without any benefit to our enemies, and, perhaps, with some advantage to + ourselves; the papers which contain the accompts of our preparations and + stores, the lists of our forces, and the calculation of our expenses, + are the proper subjects of senatorial inquiries; and if the motion be + restrained to those, I believe it will not be opposed by any gentleman + engaged in the administration of our affairs. I shall beg leave to + propose these words may be added, "So far as the same relates to a + supply of ships, marines, or land forces." +</p> +<p> + The motion, thus amended, was agreed to. +</p> +<a name="2H_4_11"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF LORDS, FEB. 13, 1740-1. +</h2> +<center> + DEBATE ON ADDRESSING HIS MAJESTY FOR <br>REMOVING SIR ROBERT WALPOLE. +</center> +<p> + The opposition which for a long time had been made in the commons, to + the measures of the administration, was on this day pushed to a crisis, + and produced a motion in both houses. In the house of lords it + occasioned the following debate: +</p> +<p> + Lord CARTERET began in this manner:—My lords, as the motion which I am + about to make is of the highest importance, and of the most extensive + consequences; as it cannot but meet with all the opposition which the + prejudices of some, and the interest of others, can raise against it; as + it must have the whole force of ministerial influence to encounter, + without any assistance but from justice and reason; I hope to be excused + by your lordships for spending some time in endeavouring to show, that + it wants no other support, that it is not founded upon doubtful + suspicions, but upon uncontestable facts; that it is not dictated by + private interest, but by the sincerest regard to publick happiness; not + abetted by the personal malevolence of particular men, but enforced by + the voice of the people; a voice which ought always to be attended to, + and, generally, to be obeyed. +</p> +<p> + To endeavour, my lords, to remove from places of publick trust all those + who appear to want either the virtues or abilities necessary for + executing their offices, is the interest of every member of a community. + And it is not only the interest but the duty of all those who are, + either by the choice of the people, or by the right of birth, invested + with the power of inspecting publick affairs, and intrusted with the + general happiness of their country. That, therefore, every motive + combines to make it the duty, and every argument concurs to prove it the + privilege of your lordships, is too evident to be doubted. +</p> +<p> + How often this privilege has been exerted by this house, and how often + it has rescued our country from oppression, insolence, and rapine; how + often our constitution has been reanimated, and impending ruin been + averted by it, a superficial acquaintance with history may inform us. + And we are now called upon by the universal cry of the nation, and urged + by the perplexed and uncertain state of our foreign affairs, and + declension of our wealth, and attacks upon our liberties at home, to + recollect these precedents of magnanimity and justice, and to make + another effort for the relief of our country. +</p> +<p> + This house, my lords, has proceeded against ministers, whose conduct + they disapproved, by methods of greater or less severity, according to + the necessity of affairs, or the supposed malignity of the crimes + alleged against them; and, therefore, have sometimes thought it + necessary to deter posterity from imitating them by rigorous censures, + and exemplary punishments, and sometimes have thought it sufficient to + set the nation free from its distresses, without inflicting any + penalties on those by whose misconduct they imagined them produced. +</p> +<p> + What were the more violent and vindictive methods of proceeding, it is + not necessary, with regard to this motion, to examine; since I shall + only propose, that we should, in imitation of our predecessors, in cases + of this nature, humbly address his majesty to remove the minister from + his presence and councils. +</p> +<p> + Nothing, my lords, can be more moderate or tender than such an address, + by which no punishment is inflicted, nor any forfeiture exacted. The + minister, if he be innocent, if his misconduct be only the consequence + of his ignorance or incapacity, may lay down in peace an office for + which nature has not designed him, enjoy the vast profits of long + employment in tranquillity, and escape the resentment of an unhappy + people; who, when irritated to the highest degree, by a continuation of + the same miscarriages, may, perhaps, in the heat of a more malevolent + prosecution, not sufficiently distinguish between inability and guilt. +</p> +<p> + Those, therefore, among your lordships, that think him honest but + mistaken, must willingly agree to a motion like this, as the best + expedient to appease the people without the ruin of the minister. For + surely no man who has read the history, or is acquainted with the temper + of this nation, can expect that the people will always bear to see + honours, favours, and preferments, distributed by the direction of one + universally suspected of corruption, and arbitrary measures; or will + look only with silent envy upon the affluence of those whom they believe + to be made great by fraud and plunder, swelled to insolence by the + prosperity of guilt, and advanced to wealth and luxury by publick + miseries. +</p> +<p> + Such of your lordships who join with the people in ascribing our present + unhappy state not to the errours, but to the crimes of the minister, and + who, therefore, think a bare removal not sufficient to satisfy the + demands of justice, must, doubtless, give their consent to the motion, + for the sake of obtaining proper evidence of his wickedness, which + cannot be expected while he stands exalted in prosperity, and + distributes the riches of the nation, and the gifts of his sovereign at + his own choice; while he is in possession of every motive that can + influence the mind, enforce secrecy, and confirm fidelity; while he can + bribe the avaricious, and intimidate the fearful; while he can increase + the gratification of luxury, and enlarge the prospects of ambition. For, + my lords, if it be considered from whom this evidence must be drawn, it + will soon appear that no very important discoveries can be made, but by + those whom he has intrusted with his secrets, men whose disregard of + virtue recommended them to his favour, and who, as they are moved only + by interest, will continue faithful while they can hope for recompense; + but may, perhaps, be willing to buy their own security by sacrificing + their master, when they shall see no farther prospect of advantage from + serving him, or any other method of escaping punishment. +</p> +<p> + But, my lords, all must allow this motion to be reasonable, whatever + they think of the minister's conduct, who are of opinion that a free + people have a right of complaining when they feel oppression, and of + addressing the crown to remove a minister that has incurred their + universal detestation. That such is the condition of the present + minister, I believe, will scarcely be denied, or may be discovered by + those who find themselves inclined to doubt it, by asking any man whom + they shall accidentally meet, what are his sentiments on the situation + of national affairs, and of the hands by which they are administered. + What answer he will receive is well known to most of your lordships. Let + him not be satisfied with a single suffrage, let him repeat the question + to ten thousand persons, different in their ages, their conditions, and + religious opinions, in every thing that produces contrariety of + dispositions and affections, he will yet find them unanimous in + complaining of publick misconduct, and in censuring one gentleman as the + author of it. +</p> +<p> + Let us not imagine, my lords, that these accusations and murmurs are + confined to the lowest class of the people, to men whose constant + attention to more immediate distresses, hinder them from making + excursions beyond their own employments. For though, perhaps, it might + be made evident from the accounts of past times, that no general + dissatisfaction, even among men of this rank, was ever groundless; + though it might be urged that those who see little can only clamour, + because they feel themselves oppressed; and though it might not + unseasonably be hinted that they are at least formidable for their + numbers, and have, sometimes, executed that justice which they had not + interest to procure, and trampled upon that insolence that has dared to + defy them; yet I shall not insist upon such motives, because it is + notorious that discontent is epidemical in all ranks, and that condition + and observation are far from appeasing it. +</p> +<p> + Whether the discontent, thus general, is groundless, whether it is + raised only by the false insinuations of the disappointed, and the + wicked arts of the envious, whether it is, in exception to all the + maxims of government, the first dislike of an administration that ever + overspread a nation without just reasons, deserves to be inquired into. +</p> +<p> + In this inquiry, my lords, it will be necessary to consider not only the + state of domestick affairs, increase or diminution of our debts, the + security or violation of our liberties, the freedom or dependence of our + senates, and the prosperity or declension of our trade, but to examine + the state of this nation, with regard to foreign powers; to inquire, + whether we are equally feared and equally trusted now as in former + administrations; whether our alliances have contributed to secure us + from our inveterate and habitual enemies, or to expose us to them; + whether the balance of Europe be still in our hands; and whether, during + this long interval of peace, our power has increased in the same + proportion with that of our neighbours. France, my lords, is the + constant and hereditary enemy of Britons, so much divided from her in + religion, government, and interest, that they cannot both be prosperous + together; as the influence of one rises, that of the other must, by + consequence, decline. Alliances may form a temporal show of friendship, + but it cannot continue; for their situation produces a natural + rivalship, which every accidental circumstance has contributed to + increase. Long wars, for many reigns after the conquest, established a + radical and insuperable hatred between us, nor did those wars cease till + the reformation produced new occasions of jealousy and aversion. France + was, by these reasons, obliged for many ages to employ all her influence + and policy in strengthening herself against us, by treaties and + alliances; and in our times, has given us a new reason for jealousy by + extending her commerce, and improving her manufactures. +</p> +<p> + It has been, therefore, my lords, the settled principle of every wise + administration, of every Briton, whose opinions were not regulated by + some other motives than those of reason, to attend, with the highest + degree of vigilance, to all the designs of the French, and oppose, with + incessant diligence, every attempt to increase their force, or extend + their influence, and to check their conquests, obstruct their alliances, + and forestal their trade. +</p> +<p> + For this great end it has been our constant endeavour to support the + Austrian family, whose large dominions and numerous forces make a + counterbalance on the continent to the power of France. For this end we + entered into a long war, of which we still languish under the + consequences, squandered the lives of our countrymen, and mortgaged the + possessions of our posterity. For failing in the prosecution of this + purpose, for leaving France too formidable, and neglecting the interests + of the emperour, was the treaty of Utrecht censured, and the authors of + it prosecuted by the present minister; but how much he has improved the + errours of his predecessors to his own advantage, how diligent he has + been to rectify the miscarriages of their conduct, and supply the + defect, I shall endeavour to explain. +</p> +<p> + It is well known, my lords, that during the regency of the duke of + Orleans, we had nothing to apprehend from French machinations; his + interest, a tie which that nation is seldom found to break, held him + steady to his engagements with us; nor is it less known how much he + distrusted Spain, and how little, by consequence, he favoured her. We + had, at that time, no necessity of anxiously attending to every whisper + of the French court, which was sufficiently engaged in regulating their + domestick affairs, and repairing the ruins of a destructive war; but, my + lords, we ought to observe, that it had been happy for us had our + minister laboured with equal address at the same employment. +</p> +<p> + After the death of this duke, the affairs of France were restored to + their former situation, her old schemes were revived, her ancient + alliances cultivated, and her general interest pursued. Spain was again + considered as the power which had the same views with her, and which + could never rival, but might always assist her. +</p> +<p> + This alliance, my lords, was intended to have been unalterably confirmed + by a marriage, but as no human policy can form measures certain of + success, an irreconcilable hatred was nearly produced by the measure + intended to confirm a settled and indissoluble friendship. The infanta + was sent back after her arrival in France, an affront which no nation + would soon have forgot, but which the general character and habitual + sentiments of the Spaniards inclined them to resent beyond any other + people. To any one acquainted with their character in this respect, it + will readily appear, that no other insult or injury could so sensibly + affect them, or excite so eager a desire of revenge, This, my lords, the + sagacity of our minister should have discovered, this opportunity should + have been improved with the utmost care, by which Spain and France might + possibly have been disunited for ages, and Britain have gained such + advantages as would have made her the sole arbitress of Europe. +</p> +<p> + The Spaniards were not deficient on their side, nor did they neglect to + court our friendship, but gave us the highest proof of their confidence + by offering us the sole mediation of their differences with the emperour + of Germany: but at this time it was, that the gentleman whose conduct I + am examining, obtained the chief influence in our councils, and by his + peculiar penetration discovered, that nothing was to be done which might + give the least offence to the French. We, therefore, refused to mediate, + unless French ministers might be associated with ours, which the + Spaniards had too much spirit to consent to. +</p> +<p> + Thus, my lords, was neglected the first opportunity of forming against + the French an alliance by which they might have been awed in all their + designs, and by which the peace of Europe might have been long + preserved. +</p> +<p> + The Spaniards, finding that we would not undertake to reconcile their + differences with the emperour of Germany, and continuing their + abhorrence of French mediators, concluded, without the intervention of + any other power, a treaty both of peace and alliance with his imperial + majesty. +</p> +<p> + This, my lords, was the famous treaty of Vienna, the source of so many + projects and expedients, of so much terrour and solicitude, of such + immense expenses, and perplexed negotiations. This treaty, a paper + innocent and well-meaning, which related only to the contracting + parties, kept, for some time, this nation in alarms, in apprehensions of + conspiracies, and expectations of invasions. +</p> +<p> + To this treaty, had we singly regarded our own affairs, without applying + to France for instructions, we ought to have acceded, by which we should + have divided the interest of the house of Bourbon, broken the + combination of these pontifical powers, and, by improving one lucky + incident, obtained what our arms and our politicks had never, hitherto, + been able to accomplish. +</p> +<p> + But the French, sensible of their danger, and well acquainted with our + minister, contrived an expedient which, indeed, would not often have + succeeded, but which was so well adapted to the intellects of this + gentleman, that it extricated them from all their difficulties. +</p> +<p> + They told us, my lords, and, what is yet more wonderful, they prevailed + upon us to believe, that in this dreadful treaty of Vienna, it was + stipulated between the German emperour and Spain, that they should + employ their joint forces against Britain, that they should exalt the + pretender to the throne, take immediate possession of Gibraltar, and, + without mercy, debar us for ever from our trade both in Spain and in the + Western Indies. This his late majesty was advised to assert in his + speech from the throne, which I desire may be read. +</p> +<p> + Of which the following clauses were read: +</p> +<p> + "My lords and gentlemen, +</p> +<p> + "The distressed condition of some of our religious brethren abroad, and + the negotiations and engagements entered into by some foreign powers, + which seem to have laid the foundation of new troubles and disturbances + in Europe, and to threaten my subjects with the loss of several of the + most advantageous branches of their trade, obliged me, without any loss + of time, to concert with other powers such measures as might give a + check to the ambitious views of those who are endeavouring to render + themselves formidable, and put a stop to the farther progress of such + dangerous designs. For these ends I have entered into a defensive + alliance with the French king, and the king of Prussia, to which several + other powers, and particularly the Dutch, have been invited to accede, + and I have not the least reason to doubt of their concurrence. This + treaty shall, in a short time, be laid before you. +</p> +<p> + "By these means, and by your support and assistance, I trust in God, I + shall be able not only to secure to my own subjects the enjoyment of + many valuable rights and privileges, long since acquired for them by the + most solemn treaties, but effectually to preserve the peace and balance + of Europe, the only view and end of all my endeavours. +</p> +<p> + "It is not to be doubted, but the enemies to my government will conceive + hopes, that some favourable opportunity for renewing their attempts may + offer, from the prospect of new troubles and commotions: they are + already very busy by their instruments and emissaries in those courts + whose measures seem most to favour their purposes, in soliciting and + promoting the cause of the pretender; but I persuade myself, + notwithstanding the countenance and encouragement they may have + received, or flatter themselves with, the provision you shall make for + the safety and defence of the empire, will effectually secure me from + any attempts from abroad, and render all such projects vain and + abortive. +</p> +<p> + "When the world shall see that you will not suffer the British crown and + nation to be menaced and insulted, those who most envy the present + happiness and tranquillity of this empire, and are endeavouring to make + us subservient to their ambition, will consider their own interest and + circumstances before they make any attempt upon so brave a people, + strengthened and supported by prudent and powerful alliances, and though + desirous to preserve the peace, able and ready to defend themselves + against the efforts of all aggressors. Such resolutions and such + measures, timely taken, I am satisfied, are the most effectual means of + preventing a war, and continuing to us the blessings of peace and + prosperity." +</p> +<p> + Who would not have been terrified, my lords, at a treaty like this? Our + religion was to be destroyed, our government subverted, and our trade + reduced to nothing. What could a ministry, thus intimidated, do, but + resign themselves implicitly to the direction of a kind neighbour, that + promised to shelter them from the storm? +</p> +<p> + There have been ministers, my lords, in former times, who, upon hearing + such a representation, would have considered, that Britain was an + island, that the pretender could not be forced upon us without an army, + and that an army could not be transported without ships, that the + emperour of Germany had neither navies nor ports, that Gibraltar might + be easily supplied with every thing requisite for its defence, and that + any attempt made by Spain to injure our trade, might easily be punished + by intercepting their Plate fleets. +</p> +<p> + They would then have considered whether attempts so improbable, and + stipulations so absurd and ridiculous, ought to be credited upon the + information of an ambassadour's secretary, who, as he proposed to reveal + his master's secrets for a bribe, might as probably take another reward + for imposing upon those whom he pretended to inform. Those, therefore, + who advised his majesty to assert to the senate what they knew from no + better authority, those whose daring insolence could make their + sovereign instrumental in alarming the people with false terrours, and + oppressing them with unnecessary burdens, well deserve to feel a + senatorial censure. +</p> +<p> + But our ministers, my lords, were too much frighted to make such + reflections: they imagined that destruction was hanging over us, and, in + a dread of arbitrary government, oppression, and persecution, concluded + at Hanover a treaty with the French. +</p> +<p> + Thus the French gained our confidence, and raised in us a distrust of + both the powers with whom it was our interest to be united: but the + alliance of the emperour of Germany with Spain made them still uneasy; + and, therefore, they determined, once more, to make our credulity + instrumental in procuring a reconciliation between them and the + Spaniards. +</p> +<p> + To effect this, they kindly gave us intelligence, that when the + Spaniards should receive their treasures from the Western Indies, they + designed to employ it in favour of the pretender, and that, therefore, + it was necessary to intercept it. This advice was thankfully listened + to, a fleet was fitted out, and thousands were sacrificed without any + advantage; for the French not only forbore to assist us in the + expedition, but forbade us to seize the treasure when we had found it. +</p> +<p> + The Spaniards, apprehending themselves attacked, omitted no opportunity + of showing their resentment; they seized our ships, and laid siege to + Gibraltar, while our new allies looked quietly on, and expected the + event of their own scheme, which was far from being defeated by our + policy; for the Spaniards, finding the return of their American revenues + insuperably obstructed, and knowing that the emperour of Germany, that + emperour who was to invade Britain, had not any power even to assist + them, were obliged to have recourse to the nation which they then hated, + and to forgive the past affront, that they might obtain their good + offices in this exigence. +</p> +<p> + But, my lords, it was not sufficient for the designs of the French, that + they had recovered their ancient allies the Spaniards, unless they could + disunite them from the emperour of Germany: this it was, likewise, our + interest to prevent, and yet this, likewise, we enabled them to effect; + for they prevailed upon us to promise, in our stipulations with the + Spaniards, what they had not the least claim to demand, that Spain, + instead of neutral troops, should be introduced into Italy, to secure + certain successions there to a son of the queen of Spain. +</p> +<p> + With what reluctance the emperour of Germany would consent to see troops + placed in the provinces bordering upon his dominions, which would + certainly, on the first occasion, be employed to invade them, it was + easy to foresee, and with what degree of good-will he would regard those + by whom they were introduced; yet, my lords, such was the influence of + France, and so ardent our desire of diverting Spain from setting the + pretender upon the throne of Britain, that we complied at all events, + without any prospect or promise of advantage. +</p> +<p> + Thus were the Spaniards, by being persuaded to make this demand, and we, + by granting it, brought equally to ill terms with the emperour of + Germany; and France was, by procuring such agreeable conditions to the + Spaniards, again considered as their most useful ally. +</p> +<p> + That nation, my lords, is in a very unhappy state, which is reduced to + admit such terms as mediators are pleased to prescribe. We durst not + refuse the introduction of Spanish troops, nor durst we introduce them + without the emperour of Germany's consent, which, however, he granted at + an easy rate, for he demanded only that we should become guarantees of + the Pragmatick sanction. This we gladly agreed to, and thought ourselves + so happy in purchasing, so cheaply, an opportunity of ingratiating + ourselves with Spain, that we desired no other recompense. +</p> +<p> + This treaty with the emperour of Germany, was, however, by no means + improper, nor could we, after the errours which had been committed, do + any thing more effectual to preserve the balance of Europe, and + reestablish our credit. +</p> +<p> + But, my lords, this only treaty, which it was for our interest to make, + seems to have been made without any intention of observing it; for about + this time all the northern powers were alarmed by the approaching + election of Poland, and every nation that had any thing either to hope + or fear from the event of it, endeavoured to influence it. +</p> +<p> + How this election was determined, my lords, and by what means, it is + unnecessary to relate; but it may not be improper to remark, that + whatever cause we may have to congratulate ourselves upon the choice, it + does not appear that we had any part in promoting it. Nay, as it is not + common for ministers to keep the best part of their conduct secret, + there is reason for suspecting that they were not altogether without + foundation reported to have favoured France. +</p> +<p> + The emperour of Germany, sensible of his own interest, promoted the + election with vigour and resolution, proportioned to the greatness of + the danger that might have arisen from neglecting it. By this conduct he + drew upon himself the resentment of the French, who had now a pretence + for taking measures which might effectually reunite them to Spain, and, + as the event showed, alienate us from the emperour, and, therefore, in + vindication of the claim of Stanislaus, declared war upon Germany, in + conjunction with Spain. +</p> +<p> + Now, my lords, the emperour learned to set the true value upon his + alliance with Britain, and all Europe had an opportunity of remarking + our spirit, our power, and our vigilance. The troops which we prevailed + upon his imperial majesty to admit into Italy, were now drawn out of the + garrisons against him, his dominions were attacked on each side, by + formidable enemies, and his British allies looked with tranquillity and + unconcern upon the difficulties into which they had betrayed him. The + liberties of Europe were endangered by a new combination of the houses + of Bourbon; and Britain, the great protectress of the rights of mankind, + the great arbitress of the balance of power, either neglected or feared + to interpose. +</p> +<p> + Of the event of the war, my lords, I need only observe, that it added + new strength to France, and contributed to such an union between her and + Spain, as the most artful politician cannot hope to dissolve. +</p> +<p> + Thus, my lords, whether by negligence, ignorance, cowardice, or + treachery, it is not easy to determine, we were made the instruments of + the French policy. Thus was that power enabled by our assistance to + retrieve all that she had lost by the ill success of her arms, and by + her indecent and contemptuous treatment of Spain. Thus was the German + emperour dispirited and weakened; thus were we deprived at once of our + allies and our reputation. +</p> +<p> + Our loss of reputation, the greatest loss that bad measures can bring + upon a nation, is made evident beyond controversy, by the insolence with + which the Spaniards have treated us while we were flattering, enriching, + and supporting them. While we were fitting out squadrons to convey their + princes to Italy, and increasing their dominions at our own expense, + they seem to have considered our good offices, not as the benefits of + friends, but the drudgery of slaves, and, therefore, could scarcely + refrain from insults while they employed us, at least when they no + longer wanted our immediate assistance. They renewed their contempt and + cruelty, their robberies and oppressions; they prescribed laws to our + navigation, and laid claim to our colonies. +</p> +<p> + To these ravages and injuries what did we oppose? What but humble + intreaties, pacifick negotiations, and idle remonstrances? Instead of + asserting our just claims, and incontestable possessions, instead of + preventing war by threatening it, and securing ourselves from a second + injury by punishing the first, we amused ourselves with inquiries, + demands, representations, and disputes, till we became the jest of that + nation which it was in our power to distress, by intercepting their + treasure, and to reduce to terms almost without bloodshed. +</p> +<p> + Thus, my lords, did we proceed, new questions ever arose, and the + controversy became more intricate; commissaries were despatched to + Spain, who returned without obtaining either restitution or security, + and in the mean time no opportunity was neglected of plundering our + merchants, and insulting our flag: accounts of new confiscations and of + new cruelties daily arrived, the nation was enraged, and the senate + itself alarmed, and our ministers, at length awakened from their + tranquillity, sent orders to the envoy at the Spanish court to expedite + an accommodation; these directions were immediately obeyed, and produced + the celebrated convention. +</p> +<p> + What was given up, or what was endangered by this detestable treaty, + your lordships have often had occasion to observe, and the consequences + of it were so obvious, that the nation was astonished. Every man saw + that we were either treacherously betrayed by our own ministry, or that + the ministers were almost the only men in the kingdom utterly + unacquainted with our claims, our injuries, and our danger. +</p> +<p> + A war could now no longer be avoided, it was not in the power of the + ministry any longer to refuse to send out our fleets, and make an + appearance of hostile measures; but they had still some expedients + remaining to shelter the Spaniards from our resentment, and to make + their country yet more contemptible: they could contrive such orders for + their admirals as should prevent them from destroying their enemies with + too little mercy; and if any one was suspected of intentions less + pacifick, there were methods of equipping his fleet in such a manner as + would effectually frustrate his schemes of revenge, reprisals, and + destruction. +</p> +<p> + These, my lords, are not the murmurs of the disappointed, nor the + insinuations of the factious; it is well known to our countrymen and to + our enemies, how ill admiral Vernon was furnished with naval and + military stores, and how little his importunate demands of a supply were + regarded. What opportunities were lost, and what advantages neglected, + may be conjectured from the success of his inconsiderable force. A very + little reflection on the situation and state of those countries will + easily satisfy your lordships, how far a small body of land-forces might + have penetrated, what treasures they might have gained, and what + consternation they might have spread over the whole Spanish America. +</p> +<p> + That our squadrons in the Mediterranean have been, at least, useless, + that they have sailed from point to point, and from one coast to + another, only to display the bulk of our ships, and to show the opulence + of our nation, can require no proof: I wish, my lords, there was less + reason for suspecting that they acted in concert with our enemies, that + they retired from before their ports only to give them an opportunity of + escaping, and that they, in reality, connived at some attempts which + they were, in appearance, sent to prevent. +</p> +<p> + There are some miscarriages in war, my lords, which every reasonable man + imputes to chance, or to causes of which the influence could not be + foreseen; there are others that may justly be termed the consequences of + misconduct, but of misconduct involuntary and pardonable, of a + disregard, perhaps, of some circumstances of an affair produced by too + close an attention to others. But there are miscarriages, too, for which + candour itself can find no excuses, and of which no other causes can be + assigned than cowardice or treachery. From the suspicion of one, the + past actions of the admiral who commands our fleet in those seas will + secure him, but I know not whether there are now any that will attempt + to clear the minister's character from the imputation of the other. +</p> +<p> + All the insolence of the Spaniards, a nation by no means formidable, is + the consequence of the reunion of the houses of Bourbon; a reunion which + could not easily have been accomplished, but by the instrumental + offices of our ministry, whom, therefore, the nation has a right to + charge with the diminution of its honour, and the decay of its trade. +</p> +<p> + Nor has our trade, my lords, been only contracted and obstructed by the + piracies of Spain, but has been suffered to languish and decline at + home, either by criminal negligence, or by their complaisance for + France, which has given rise to our other calamities. The state of our + woollen manufactures is well known, and those whose indolence or love of + pleasure keeps them strangers to the other misfortunes of their country, + must yet have been acquainted with this, by the daily accounts of riots + and insurrections, raised by those who, having been employed in that + manufacture, can provide for their families by no other business, and + are made desperate by the want of bread. +</p> +<p> + We are told, my lords, by all parties, and told with truth, that our + manufactures decline, because the French have engrossed most of the + foreign markets; and it is not denied even by those whose interest it + might be to' deny it, that the cloth which they ruin us by vending, is + made of our own wool, which they are suffered to procure either by the + folly of an unskilful, or the connivance of a treacherous + administration. +</p> +<p> + If our own manufactures, my lords, had been carefully promoted, if the + whole influence of our government had been made to cooperate with the + industry of our traders, there had always been such a demand for our + wool, that they could not have afforded to purchase it at a price + equivalent to the danger of exporting it: and if any means were now + steadily practised to prevent the exportation, our trade must + consequently revive, because cloth is one of the necessaries of life + which other nations must have from Britain, when France can no longer + supply them. +</p> +<p> + But, my lords, notwithstanding the decay of trade, our expenses have + never been contracted; we have squandered millions in idle preparations, + and ostentatious folly; we have equipped fleets which never left the + harbour, and raised armies which were never to behold any other enemy + than the honest traders and husbandmen that support them. We have, + indeed, heard many reasons alleged for oppressing the empire with + standing troops, which can have little effect upon those who have no + interest to promote by admitting them: sometimes we are in danger of + invasions, though it is not easy to imagine for what purpose any prince + should invade a nation, which he may plunder at pleasure, without the + least apprehension of resentment, and which will resign any of its + rights whenever they shall be demanded: sometimes, as we have already + heard, the pretender is to be set upon the throne by a sudden descent of + armies from the clouds; and sometimes the licentiousness and + disobedience of the common people requires the restraint of a standing + army. +</p> +<p> + That the people are, to the last degree, exasperated and inflamed, I am + far from intending to deny, but surely they have yet been guilty of no + outrage so enormous as to justify so severe a punishment; they have + generally confined themselves to harmless complaints, or, at least, to + executions in effigy. The people, my lords, are enraged because they are + impoverished, and, to prevent the consequences of their anger, their + poverty is increased by new burdens, and aggravated by the sight of an + useless, despicable herd, supported by their industry, for no other + purpose than to insult them. +</p> +<p> + By these useless armaments and military farces, our taxes, my lords, + have been continued without diminishing our debts, and the nation seems + condemned to languish for ever under its present miseries, which, by + furnishing employment to a boundless number of commissioners, officers, + and slaves, to the court, under a thousand denominations, by diffusing + dependence over the whole country, and enlarging the influence of the + crown, are too evidently of use to the minister for us to entertain any + hopes of his intention to relieve us. +</p> +<p> + Let it not be boasted that nine millions are paid, when a new debt of + seven millions appears to be contracted; nothing is more easy than to + clear debts by borrowing, or to borrow when a nation is mortgaged for + the payment. +</p> +<p> + But the weight of the present taxes, my lords, though heavier than was + perhaps ever supported by any nation for so long a time, taxes greater + than ever were paid, to purchase neither conquests nor honours, neither + to prevent invasions from abroad, nor to quell rebellions at home, is + not the most flagrant charge of this wonderful administration, which, + not contented with most exorbitant exactions, contrives to make them yet + more oppressive by tyrannical methods of collection. With what reason + the author of the excise scheme dreads the resentment of the nation is + sufficiently obvious; but surely, in a virtuous and benevolent mind, the + first sentiments that would have arisen on that occasion, would not have + been motions of anger, but of gratitude. A whole nation was condemned to + slavery, their remonstrances were neglected, their petitions ridiculed, + and their detestation of tyranny treated as disaffection to the + established government; and yet the author of this horrid scheme riots + in affluence, and triumphs in authority, and without fear, as without + shame, lifts up his head with confidence and security. +</p> +<p> + How much, my lords, is the forbearance of that people to be admired, + whom such attacks as these have not provoked to transgress the bounds of + their obedience, who have continued patiently to hope for legal methods + of redress, at a time when they saw themselves threatened with legal + slavery, when they saw the legislative power established only for their + protection, influenced by all possible methods of corruption to betray + them to the mercy of the ministry? +</p> +<p> + For, that corruption has found its way into one of the houses of the + legislature, is universally believed, and, without scruple, maintained + by every man in the nation, who is not evidently restrained from + speaking as he thinks; and that any man can even be of a different + opinion, that any man can even affirm that he thinks otherwise, would + be, in any other age, the subject of astonishment. That an immense + revenue is divided among the members of the other house, by known + salaries and publick employments, is apparent; that large sums are + privately scattered on pressing exigencies, that some late transactions + of the ministry were not confirmed but at a high price, the present + condition of the civil list, a civil list vastly superiour to all the + known expenses of the crown, makes highly probable. That the commons + themselves suspect the determinations of their assembly to be influenced + by some other motives than justice and truth, is evident from the bill + this day sent hither for our concurrence; and, surely, no aggravation + can be added to the crimes of that man who has patronised our enemies, + and given up our navigation, sunk his country into contempt abroad, and + into poverty at home, plundered the people, and corrupted the + legislature. +</p> +<p> + But, my lords, the minister has not only contributed, by his wickedness + or his ignorance, to the present calamities, but has applied all his art + and all his interest to remove from posts of honour and trust, to banish + from the court, and to exclude from the legislature all those whose + counsels might contribute to restore the publick affairs, without any + regard to the popularity of their characters, the usefulness of their + talents, or the importance of their past services to the crown. Had any + of these considerations prevailed, we had not seen the greatest general + in Britain dispossessed of all his preferments, dispossessed at a time + when we are at war with one nation, and in expectation of being attacked + by another far more powerful, which will, doubtless, be encouraged, by + his removal, to more daring contempt, and more vigorous measures. +</p> +<p> + What were the motives of this procedure it is easy to discover. As his + open defence of the present royal family in the late rebellion, exempts + him from the imputation of being disaffected to the crown, the only + crime with which he can be charged is disaffection to the minister. +</p> +<p> + Perhaps, my lords, the minister may have determined to have no need of + generals in his transactions with foreign powers; but in proportion as + he relies less upon the sword, he must depend more upon the arts of + peaceable negotiation, and, surely, there has been another person + dismissed from his employments, whose counsels it had been no reproach + to have asked, and to have followed. +</p> +<p> + The nature of my motion, my lords, makes it not necessary to produce + evidence of these facts, it is sufficient that any minister is + universally suspected; for when did an innocent man, supported by power, + and furnished with every advantage that could contribute to exalt or + preserve his character, incur the general hatred of the people? But if + it could ever happen by a combination of unlucky accidents, what could + be more for the happiness of himself, his master, and the nation, than + that he should retire and enjoy the consciousness of his own virtue. +</p> +<p> + His own interest, in such a retirement, I have already considered, and + that both of the prince and the people is no less apparent: while a + hated minister is employed, the king will always be distrusted by the + nation, and, surely, nothing can so much obstruct the publick happiness, + as a want of confidence in those who are intrusted with its + preservation. +</p> +<p> + That common fame is, in this case, sufficient, will not be questioned, + when it is considered that common fame is never without a foundation in + facts, that it may spread disquiet and suspicion over all the kingdom, + and that the satisfaction of millions is very cheaply purchased by the + degradation of one man, who was exalted only for their benefit. +</p> +<p> + The objection, that there is no sole minister, will create no greater + difficulty; if there be many concerned in these transactions, + <i>respondeat superior:</i> but it is too apparent that there is, in reality, + one whose influence is greater than that of any other private man, and + who is arrived at a height not consistent with the nature of the British + government; it is uncontested that there is one man to whom the people + impute their miseries, and by whose removal they will be appeased. +</p> +<p> + The affairs of Europe, my lords, will probably be so much embarrassed, + and the struggles between the different designs of its princes be so + violent, that they will demand all our attention, and employ all our + address, and it will be to the highest degree dangerous to be distracted + at the same time with apprehensions of domestick troubles; yet, such is + the present unhappy state of this nation, and such is the general + discontent of the people, that tranquillity, adherence to the + government, and submission to the laws, cannot reasonably be hoped, + unless the motion I shall now take leave to make your lordships, be + complied with: and I move, "That an humble address be presented to his + majesty, most humbly to advise and beseech his majesty, that he will be + most graciously pleased to remove the right honourable sir Robert + WALPOLE, knight of the most noble order of the blue riband, first + commissioner of his majesty's treasury, and chancellor of the exchequer, + and one of his majesty's most honourable privy council, from his + majesty's presence and councils for ever." +</p> +<p> + He was seconded by lord ABINGDON in the following manner:—My lords, the + copiousness and perspicuity with which the noble lord has laid down the + reasons of his motion, make it neither easy nor necessary to enlarge + upon them. I shall, therefore, only offer to your lordships a few + thoughts upon the authority of common fame, as the evidence upon which + the motion is in part founded. +</p> +<p> + That all the miscarriages of our late measures are by common fame + imputed to one man, I suppose, will not be denied; nor can it, in my + opinion, be reasonably required, that in the present circumstances of + things any other proof should be brought against him. +</p> +<p> + Common fame, my lords, is admitted in courts of law as a kind of + auxiliary or supplemental evidence, and is allowed to corroborate the + cause which it appears to favour. The general regard which every wise + man has for his character, is a proof that in the estimation of all + mankind, the testimony of common fame is of too great importance to be + disregarded. +</p> +<p> + If we consider the nature of popular opinions on publick affairs, it + will be difficult to imagine by what means a persuasion not founded on + truth should universally take possession of a people; it will be yet + more difficult to believe that it should preserve its empire, and that + in opposition to every art that can be made use of to undeceive them, + they should pertinaciously adhere to an errour not imbibed in their + education, nor connected with their interest. And how has any man been + originally prejudiced against the present minister? Or what passion or + interest can any man gratify, by imagining or declaring his country on + the verge of ruin? The multitude, my lords, censure and praise without + dissimulation, nor were ever accused of disguising their sentiments; + their voice is, at least, the voice of honesty, and has been termed the + voice of heaven, by that party of which those affect to be thought whom + it now condemns. +</p> +<p> + Let it not be urged, that the people are easily deceived, that they + think and speak merely by caprice, and applaud or condemn without any + calm inquiry or settled determination; these censures are applicable + only to sudden tumults, and gusts of zeal excited by fallacious + appearances, or by the alarms of a false report industriously + disseminated, but have no relation to opinions gradually propagated, and + slowly received. +</p> +<p> + If the credulity of the people exposes them to so easy an admission of + every report, why have the writers for the minister found so little + credit? Why have all the loud declamations, and the laboured arguments, + the artful insinuations, and positive assertions, which have been for + many years circulated round the nation, at the expense of the + government, produced no effect upon the people, nor convinced any man, + who was not apparently bribed, to resign his private opinion to that of + his patrons? Whence comes it, my lords, that falsehood is more + successful than truth, and that the nation is inclined to complain + rather than to triumph? It is well known that the people have been + charged in all former ages, with being too much dazzled by the glitter + of fortune, and the splendour of success, and bestowing their applauses + not according to the degrees of merit, but prosperity. The minister, my + lords, has defeated his opponents in almost all their attempts; his + friends have sounded victory every session, and yet the people declare + against him; his adversaries have retired into the country with all the + vexation of disappointment, and have been rewarded for their + unsuccessful efforts with general acclamations. What is it, my lords, + but the power of truth, that can preserve the vanquished from ridicule, + and influence the nation to believe them the only patrons of their + commerce and liberty, in opposition to all the writers and voters for + the ministry? +</p> +<p> + If we consult history, my lords, how seldom do we find an innocent + minister overwhelmed with infamy? Innocent men have sometimes been + destroyed by the hasty fury, but scarcely ever by the settled hatred of + the populace. Even that fury has generally been kindled by real + grievances, though imputed to those who had no share in producing them; + but when the tempest of their first rage has subsided, they have seldom + refused to hear truth, and to distinguish the patriot from the + oppressor. +</p> +<p> + But though it should be acknowledged, my lords, that the people have + been blinded by false representations, and that some causes yet + undiscovered, some influence which never has been known to operate in + any state before, hinder them from beholding their own felicity; yet, as + publick happiness is the end of government, and no man can be happy that + thinks himself miserable, it is, in my opinion, necessary to the honour + of his majesty, and to the tranquillity of the nation, that your + lordships should agree to the present motion. +</p> +<p> + The duke of NEWCASTLE answered to this effect:—My lords, it is not + without wonder that I hear a motion so uncommon and important, a motion + which may be reasonably supposed to have been long premeditated, and of + which such affecting expectations have been raised, so weakly supported + by evidence. I cannot think that any other attestation is needful for + the vindication of the right honourable gentleman, whose conduct is this + day to be examined, than the declaration of the noble lord, that there + appears no positive evidence against him. +</p> +<p> + The pretence that no evidence can be expected while he continues in his + present station, is too openly fallacious to impose upon your lordships; + for why should his influence be greater, and his power less resistible + than that of other ministers, who are well known to have found accusers + in the height of their authority, and to have been dragged to punishment + almost from behind the throne? +</p> +<p> + It is sufficiently known, that during the continuance of this + administration, many have been dismissed from their employments, who + appear not altogether unaffected with the loss, and from whose + resentment a discovery of wicked measures might be reasonably expected, + as their acquaintance with the secrets of the government must have given + opportunities of detecting them. If, therefore, no particular crimes are + charged upon him, if his enemies confine themselves to obscure surmises, + and general declamations, we may reasonably conclude, that his behaviour + has been at least blameless. For what can be a higher encomium than the + silence of those who have made it the business of years to discover + something that might be alleged against him on the day of trial. +</p> +<p> + I suppose that no man can question the penetration of those noble lords + who have opened this debate, and I, my lords, shall be very far from + insinuating that cowardice suppresses any of their sentiments. As the + highest reproach that can be thrown upon any man, is to suggest that he + speaks what he does not think; the next degree of meanness would be to + think what he dares not speak, when the publick voice of his country + calls upon him. +</p> +<p> + When, therefore, popular reports are alleged as the foundation of the + address, it is probable that it is not founded, in reality, upon known + crimes or attested facts, and if the sudden blasts of fame may be + esteemed equivalent to attested accusations, what degree of virtue can + confer security? +</p> +<p> + That the clamour is so loud and so general as it is represented, I can + discover no necessity of admitting; but, however the populace may have + been exasperated against him, we are surely not to be influenced by + their complaints, without inquiring into the cause of them, and + informing ourselves whether they proceed from real hardships, + unnecessary severities, and calamities too heavy to be borne, or from + caprice, and inconstancy, idle rumours, and artful representations. +</p> +<p> + I very readily allow, my lords, that nothing has been left unattempted + that might fill the people with suspicion and discontent. That + inevitable calamities have been imputed to misconduct, or to treachery, + and even the inconstancy of the winds and severity of the weather + charged upon the right honourable gentleman, the daily libels that are + in every man's hand, are a standing evidence; and though I should grant + that the people never complain without cause, and that their burdens are + always heavy before they endeavour to shake them off, yet it will by no + means follow, that they do not sometimes mistake the cause of their + miseries, and impute their burdens to the cruelty of those whose utmost + application is employed to lighten them. +</p> +<p> + Common fame is, therefore, my lords, no sufficient ground for such a + censure as this, a censure that condemns a man long versed in high + employments, long honoured with the confidence of his sovereign, and + distinguished by the friendship of the most illustrious persons in the + nation, to infamy and contempt, unheard, and even unaccused; for he + against whom nothing is produced but general charges, supported by the + evidence of common fame, may be justly esteemed to be free from + accusation. +</p> +<p> + That other evidence will appear against him when he shall be reduced, in + consequence of our agreeing to this motion, to the level with his + fellow-subjects, that all informations are now precluded by the terrours + of resentment, or the expectations of favour, has been insinuated by the + noble lord, who made the motion: whether his insinuation be founded only + upon conjecture, whether it be one of those visions which are raised by + hope in a warm imagination, or upon any private informations + communicated to his lordship, I pretend not to determine; but if we may + judge from the known conduct of the opposition, if we consider their + frequent triumphs before the battle, and their chimerical schemes of + discoveries, or prosecutions and punishments, their constant assurance + of success upon the approach of a new contest, and their daily + predictions of the ruin of the administration, we cannot but suspect + that men so long accustomed to impose upon themselves, and flatter one + another with fallacious hopes, may now, likewise, be dreaming of + intelligence which they never will receive, and amusing themselves with + suspicions which they have no reasonable expectation of seeing + confirmed. +</p> +<p> + And to confess the truth, my lords, if I may be allowed, in imitation of + these patrons of their country, to indulge my own imagination, and + presume to look forward to the future conduct of those who have exerted + such unwearied industry in their attempts upon the administration, and + so long pursued the right honourable gentleman with inquiries, + examinations, rhetorick, and ridicule, I cannot but find myself inclined + to question whether, after their motion shall have been received in this + house, and their petition granted by his majesty, they will very + solicitously inquire after evidence, or be equally diligent in the + discovery of truth, as in the persecution of the minister. +</p> +<p> + I am afraid, my lords, that they will be too deeply engaged in the care + of making a dividend of the plunder in just proportions, to find leisure + for pursuit of the enemy, and that the sight of vacant posts, large + salaries, and extensive power, will revive some passions, which the love + of their country has not yet wholly extinguished, and leave in their + attention no room for deep reflections, and intricate inquiries. There + have formerly, my lords, been patriots, who, upon a sudden advancement + to a place of profit, have been immediately lulled into tranquillity, + learned to repose an implicit confidence in the ministers, forgotten to + harangue, threaten, inquire, and protest, and spent the remaining part + of their lives in the harmless amusement of counting their salaries, + perquisites, and gratuities. +</p> +<p> + How great, my lords, would be the disappointment of the people, that + unhappy people which has been long neglected and oppressed, which so + justly detests the minister, and calls so loudly for vengeance, when + they shall see their defenders remit the vigour of the pursuit, when + once the minister flies before them, and instead of driving him into + exile, contend about his places! +</p> +<p> + Unhappy then surely, my lords, would the nation be: the administration, + we are told, is already universally abhorred, and its hope is only in + the opposition; but should the zeal of the patriots once grow cold, + should they discover to the publick, that they have been labouring not + for general liberty, but for private advantage; that they were enemies + to power only because it was not in their hands; and disapproved the + measures of the government only because they were not consulted; how + inevitably must the people then sink into despair; how certain must they + then imagine their destruction? +</p> +<p> + It seems, therefore, my lords, equally prudent and just to reject this + motion, till better proof shall be brought to support it; lest, by + complying with it, we should heighten rather than appease the discontent + of the people; lest we should too soon deprive them of their only + consolation, and expose the patriots to censure, without vindicating the + ministry. +</p> +<p> + In my opinion, my lords, all who have approved the conduct of the + present ministry, must necessarily join in rejecting the motion, as + cruel and unequitable, and incline to support a just, and continue a + wise administration; and all those whom the restless clamours of the + opposite party have persuaded to regard them as arbitrary, corrupt, and + perfidious, must, if they are true friends to their country, and steady + exacters of justice, resolve to defer their compliance, in order to + bring to light the evidences necessary for a legal conviction, and + severer punishment. +</p> +<p> + That these evidences will never be found, and that, therefore, no legal + punishment will ever be inflicted, we may reasonably collect from the + injustice of the laboured charge which your lordships have now heard; a + charge drawn up with all the assistance of senatorial and political + knowledge, and displayed with all the power of eloquence, a collection + of every occurrence for many years, of which any circumstance could be + shown in an unfavourable light, and a recapitulation of all the measures + which have miscarried by unforeseen events, or which the populace have + been persuaded to dislike. +</p> +<p> + In the administration of governments, my lords, many measures reasonable + and just, planned out in pursuance of a very exact knowledge of the + state of things then present, and very probable conjectures concerning + future events, have yet failed to produce the success which was + expected; they have been sometimes defeated by the inconstancy or + dishonesty of those who are equally engaged in them, and sometimes + frustrated by accidents, of which only providence has the disposal. It + will even be allowed, my lords, that the ministry have been sometimes + mistaken in their conjectures, and, perhaps, deceived by their + intelligence, but I will presume to say, it never will be discovered + that they willingly betrayed, or heedlessly neglected their trust, that + they ever oppressed their country with unnecessary burdens, or exposed + it to be insulted by foreign powers. Nor will it, perhaps, be found that + they ever appeared grossly ignorant of the publick interest, or failed + to discover any obvious truth, or foresee any probable contingencies. +</p> +<p> + But, my lords, I am willing to confess that they cannot judge of events + to come with such unerring and demonstrative knowledge as their + opponents can obtain of them after they have happened; and they are + inclined to pay all necessary deference to the great sagacity of those + wonderful prognosticators, who can so exactly <i>foresee</i> the <i>past</i>. They + only hope, my lords, that you will consider how much harder their task + is than that of their enemies; they are obliged to determine very often + upon doubtful intelligence, and an obscure view of the designs and + inclinations of the neighbouring powers; and as their informers may be + either treacherous or mistaken, and the interests of other states are + subject to alterations, they may be sometimes deceived and disappointed. + But their opponents, my lords, are exempt, by their employment, from the + laborious task of searching into futurity, and collecting their + resolutions, from a long comparison of dark hints and minute + circumstances. Their business is not to lead or show the way, but to + follow at a distance, and ridicule the perplexity, and aggravate the + mistakes of their guides. They are only to wait for consequences, which, + if they are prosperous, they misrepresent as not intended, or pass over + in silence, and are glad to hide them from the notice of mankind. But if + any miscarriages arise, their penetration immediately awakes, they see, + at the first glance, the fatal source of all our miseries, they are + astonished at such a concatenation of blunders, and alarmed with the + most distracting apprehensions of the danger of their country. +</p> +<p> + Accusation of political measures is an easy province; easy, my lords, in + the same proportion as the administration of affairs is difficult; for + where there are difficulties there will be some mistakes; and where + there are mistakes, there will be occasions of triumph, to the factious + and the disappointed. But the justice of your lordships will certainly + distinguish between errours and crimes, and between errours of weakness + and inability, and such as are only discoverable by consequences. +</p> +<p> + I may add, my lords, that your wisdom will easily find the difference + between the degree of capacity requisite for recollecting the past, and + foreknowing the future; and expect that those whose ambition incites + them to endeavour after a share in the government of their country, + should give better proofs of their qualifications for that high trust, + than mere specimens of their memory, their rhetorick, or their malice. +</p> +<p> + Even the noble lord, who must be confessed to have shown a very + extensive acquaintance with foreign affairs, and to have very accurately + considered the interests and dispositions of the princes of Europe, has + yet failed in the order of time, and by one errour very much invalidated + his charge of misconduct in foreign affairs. +</p> +<p> + The treaty of Vienna, my lords, was not produced by the rejection of the + infanta, unless a treaty that was made before it could be the + consequence of it; so that there was no such opportunity thrown into our + hands as the noble lord has been pleased to represent. Spain had + discovered herself our enemy, and our enemy in the highest degree, + before the French provoked her by that insult; and, therefore, how much + soever she might be enraged against France, there was no prospect that + she would favour us, nor could we have courted her alliance without the + lowest degree of meanness and dishonour. +</p> +<p> + See then, my lords, this atrocious accusation founded upon false dates, + upon a preposterous arrangement of occurrences; behold it vanish into + smoke at the approach of truth, and let this instance convince us how + easy it is to form chimerical blunders, and impute gross follies to the + wisest administration; how easy it is to charge others with mistakes and + how difficult to avoid them. +</p> +<p> + But we are told, my lords, that the dangers of the confederacy at Vienna + were merely imaginary, that no contract was made to the disadvantage of + our dominions, or of our commerce, and that if the weakness of the + Spaniards and Germans had contrived such a scheme, it would soon have + been discovered by them to be an airy dream, a plan impossible to be + reduced to execution. +</p> +<p> + We have been amused, my lords, on this occasion with great profusion of + mirth and ridicule, and have received the consolation of hearing that + Britain is an island, and that an island is not to be invaded without + ships. We have been informed of the nature of the king's territories, + and of the natural strength of the fortress of Gibraltar; but the noble + lord forgot that though Britain has no dominions on the continent, yet + our sovereign has there a very extensive country, which, though we are + not to make war for the sake of strengthening or enlarging it, we are, + surely, to defend when we have drawn an invasion upon it. +</p> +<p> + The weakness of the Spaniards, my lords, has been also much enlarged + upon, but the strength of the jacobites at home has been passed over in + silence, though it is apparent how easily the pretender might have + landed here, and with what warmth his cause would have been espoused, + not only by those whose religion avowed and professed makes them the + enemies of the present royal family, but by many whom prospects of + interest, the love of novelty, and rage of disappointment, might have + inclined to a change. +</p> +<p> + That no such stipulations were made by that treaty, that no injury was + intended to our commerce, nor any invasion proposed in favour of the + pretender, are very bold assertions, and though they could be supported + by all the evidence that negatives admit of, yet will not easily be + believed by your lordships, in opposition to the solemn assurances of + his late majesty. It is evident, from this instance, how much prejudice + prevails over argument; they are ready to condemn the right honourable + gentleman to whom they give the title of sole minister, upon the + suffrage of common fame, yet will not acquit him upon the testimony of + the king himself. +</p> +<p> + But, my lords, the arguments alleged to prove the improbability of such + a confederacy, are so weak in themselves, that they require no such + illustrious evidence to overbalance them. For upon what are they + founded, but upon the impossibility of executing such designs? +</p> +<p> + It is well known, my lords, how differently different parties consider + the same cause, the same designs, and the same state of affairs. Every + man is partial in favour of his own equity, strength, and sagacity. Who + can show that the same false opinion of their own power, and of our + intestine divisions, which now prompts the Spaniards to contend with us, + might not then incite them to invade us, or at least to countenance the + attempts of one, whom they are industriously taught to believe the + greatest part of the nation is ready to receive? +</p> +<p> + That they might have injured our trade is too evident from our present + experience, and that they would have supported the Ostend company, which + they espoused in an open manner, is undeniable. Nor is it in the least + unlikely, that, elated with the certain power of doing much mischief, + and with the imaginary prospects of far greater effects, they might + engage in a confederacy, and farther attempts against us. +</p> +<p> + I am far from imagining, my lords, that it was in the power of the + Germans and Spaniards united to force the pretender upon us, though we + had stood alone against them; but the impossibility of succeeding in + their design was not then so apparent to them as it is at present to us; + they had many reasons to wish, and therefore would not be long without + some to believe it practicable; and it was not the danger but the insult + that determined his late majesty to enter into an alliance with France. +</p> +<p> + War, my lords, is always to be avoided, if the possessions and + reputation of a people can be preserved without it; it was, therefore, + more eligible to oblige them to lay aside their scheme while it was yet + only in idea, than to defeat it in its execution. And an alliance with + France effectually restrained the emperour, as our fleets in America + reduced the Spaniards to desire peace. +</p> +<p> + Why we did not seize the cargo of the galleons, has been often asked, + and as often such answers have been returned as ought to satisfy any + rational examiner. We did not seize them, my lords, because a larger + part belonged to other nations than to the Spaniards, and because the + interests of our trade made it convenient not to exasperate the + Spaniards, so far as to render a reconciliation very difficult. +</p> +<p> + In the terms of this reconciliation, my lords, it is charged upon the + ministry, that they were guilty of contributing to the power of the + house of Bourbon, by stipulating that Spain, instead of neutral troops, + should be introduced into Italy. That those troops were less agreeable + to the emperour cannot be denied, but it has already been shown how + little reason we had to consult his satisfaction; and with regard to the + advantages gained by the French and Spaniards in the late war, a very + small part of them can be ascribed to six thousand troops. +</p> +<p> + With as little reason, my lords, is the charge advanced of neglecting to + preserve the balance of Europe, by declining to assist the emperour + against the French; for the intention of the war seems to have been + rather revenge than conquest, and the emperour rather exchanged than + lost his dominions. +</p> +<p> + That we declined engaging too far in the affairs of the continent, + proceeded, my lords, from a regard to the trade of the nation, which is + not only suspended and interrupted during the time of war, but often + thrown into another channel, out of which it is the business of many + years to recover it. +</p> +<p> + Nor have the ministry, my lords, deviated from their regard to trade, in + their transactions with Spain, which have been the subject of so much + clamour, and such pathetick declamations; they always knew what the + nation now feels, that the merchants would suffer much more from a war + than from piracies and depredations, which, however, they were far from + submitting to, and for which they constantly made demands of + satisfaction. To these demands they received such answers, as, if they + had been sincere, would have left the nation no room to complain; but + when it was discovered that nothing but verbal satisfaction was to be + expected, the security of our trade, and the honour of our country, + demanded that war should be declared. +</p> +<p> + The conduct of the war, my lords, has been frequently the subject of + censure; we are told of the inactivity of one fleet, and the imperfect + equipment of another, the escape of our enemies, and the interception of + our trading ships. War, my lords, is confessed to be uncertain, and ill + success is not always the consequence of bad measures: naval wars are by + the nature of the element on which they are to be conducted, more + uncertain than any other; so that, though it cannot but be suspected + that the common people will murmur at any disappointment, call every + misfortune a crime, and think themselves betrayed by the ministry, if + Spain is not reduced in a single summer, it might be reasonably hoped, + that men enlightened by a long familiarity with the accounts of past, + and instructed by personal experience in national transactions, will + produce stronger arguments than want of success, when they charge the + ministry with misconduct in war. +</p> +<p> + But, my lords, they have not any misfortunes to complain of; nor is the + accusation, that we have been defeated ourselves, but that we have not + enough molested our enemies. Of this, my lords, it is not easy to judge, + at a distance from the scene of action, and without a more accurate + knowledge of a thousand minute circumstances, which may promote or + retard a naval expedition. It is undoubtedly true, my lords, that many + of our merchant ships have been taken by the enemy; but it is not + certain that they do not murmur equally that they have been obstructed + in their commerce, and have been so little able to interrupt ours, since + they have so many advantages from the situation of their coasts. When we + reckon those that are lost, let us not forget to number those that have + escaped. If admiral Vernon's fleet was ill provided with arms and + ammunition, even then, let all censure be suspended till it can be + proved that it was ill furnished by the fault of the ministry. +</p> +<p> + Nothing is more common, my lords, in all naval wars, than sudden changes + of fortune; for on many occasions an accidental gust of wind, or + unexpected darkness of the weather, may destroy or preserve a fleet from + destruction, or may make the most formidable armaments absolutely + useless; and in the present disposition of some people towards the + ministry, I should not wonder to hear an alteration of wind charged upon + them. +</p> +<p> + For what objections may they not expect, my lords, when all the + disadvantages which the nation suffers from the enemies of his majesty, + are imputed to them; when daily endeavours are used to make them + suspected of favouring arbitrary power, for maintaining an army which + nothing has made necessary but the struggles of those men whose + principles have no other tendency than to enslave their country. Let not + our domestick animosities be kept alive and fomented by a constant + opposition to every design of the administration, nor our foreign + enemies incited by the observation of our divisions, to treat us with + insolence, interrupt our trade, prescribe bounds to our dominions, and + threaten us with invasions—and the army may safely be disbanded. +</p> +<p> + For the ministry, my lords, are not conscious of having consulted any + thing but the happiness of the nation, and have, therefore, no + apprehensions of publick resentment, nor want the protection of an armed + force. They desire only the support of the laws, and to them they + willingly appeal from common fame and unequitable charges. +</p> +<p> + I mention the ministry, my lords, because I am unacquainted with any man + who either claims or possesses the power or title of sole minister. I + own, in my province, no superiour but his majesty, and am willing and + ready to answer any charge which relates to that part of the publick + business which I have had the honour to transact or direct. +</p> +<p> + A great part of what I have now offered was, therefore, no otherwise + necessary on the present occasion, than because silence might have + appeared like a consciousness of misconduct, and have afforded a new + subject of airy triumph to the enemies of the administration; for very + few of the transactions which have been so severely censured, fell under + the particular inspection of the right honourable gentleman against whom + the motion is levelled; he was not otherwise concerned in counselling or + in ratifying, than as one of his majesty's privy council; and, + therefore, though they should be defective, I do not see how it is + reasonable or just, that he should be singled out from the rest for + disgrace or punishment. +</p> +<p> + The motion, therefore, my lords, appears to me neither founded on facts, + nor law, nor reason, nor any better grounds than popular caprice, and + private malevolence. +</p> +<p> + If it is contrary to law to punish without proof; if it is not agreeable + to reason that one should be censured for the offences of another; if it + is necessary that some crime should be proved before any man can suffer + as a criminal, then, my lords, I am convinced that your lordships will + be unanimous in rejecting the motion. +</p> +<p> + The duke of ARGYLE spoke next, as follows:—My lords, if we will + obstinately shut our eyes against the light of conviction; if we will + resolutely admit every degree of evidence that contributes to support + the cause which we are inclined to favour, and to reject the plainest + proofs when they are produced against it, to reason and debate is to + little purpose: as no innocence can be safe that has incurred the + displeasure of partial judges, so no criminal that has the happiness of + being favoured by them, can ever be in danger. +</p> +<p> + That any lord has already determined how to vote on the present + occasion, far be it from me to assert: may it never, my lords, be + suspected that private interest, blind adherence to a party, personal + kindness or malevolence, or any other motive than a sincere and + unmingled regard for the prosperity of our country, influences the + decisions of this assembly; for it is well known, my lords, that + authority is founded on opinion; when once we lose the esteem of the + publick, our votes, while we shall be allowed to give them, will be only + empty sounds, to which no other regard will be paid than a standing army + shall enforce. +</p> +<p> + The veneration of the people, my lords, will not easily be lost: this + house has a kind of hereditary claim to their confidence and respect; + the great actions of our ancestors are remembered, and contribute to the + reputation of their successours; nor do our countrymen willingly suspect + that they can be betrayed by the descendants of those, by whose bravery + and counsels they have been rescued from destruction. +</p> +<p> + But esteem must languish, and confidence decline, unless they are + renewed and reanimated by new acts of beneficence; and the higher + expectations the nation may have formed of our penetration to discover + its real advantages, and of our steadiness to pursue them, the more + violent will be its resentment, if it shall appear, on this important + question, that we are either ignorant or timorous, that we are + unconcerned at the miseries of the people, or content ourselves with + pitying what our ancestors never failed to redress. +</p> +<p> + Let us, therefore, my lords, for our own interest, attend impartially to + the voice of the people; let us hear their complaints with tenderness, + and if, at last, we reject them, let it be evident that they were + impartially heard, and that we only differed from them because we were + not convinced. +</p> +<p> + Even then, my lords, we shall suffer, for some time, under the suspicion + of crimes, from which I hope we shall always be free; the people will + imagine that we were influenced by those whose interest it appears to + continue their miseries, and, my lords, all the consolation that will be + left us, must arise from the consciousness of having done our duty. +</p> +<p> + But, my lords, this is to suppose what I believe no history can furnish + an example of; it is to conceive that we may inquire diligently after + the true state of national affairs, and yet not discover it, or not be + able to prove it by such evidence as may satisfy the people. +</p> +<p> + The people, my lords, however they are misrepresented by those who, from + a long practice of treating them with disregard, have learned to think + and speak of them with contempt, are far from being easily deceived, and + yet farther from being easily deceived into an opinion of their own + unhappiness: we have some instances of general satisfaction, and an + unshaken affection to the government, in times when the publick good has + not been very diligently consulted, but scarcely any of perpetual + murmurs and universal discontent, where there have been plain evidences + of oppression, negligence, or treachery. +</p> +<p> + Let us not, therefore, my lords, think of the people as of a herd to be + led or driven at pleasure, as wretches whose opinions are founded upon + the authority of seditious scribblers, or upon any other than that of + reason and experience; let us not suffer them to be at once oppressed + and ridiculed, nor encourage, by our example, the wretched advocates for + those whom they consider as their enemies, nor represent them as + imputing to the misconduct of the ministry the late contrariety of the + winds, and severity of the winter. +</p> +<p> + The people, my lords, if they are mistaken in their charge, are mistaken + with such evidence on their side, as never misled any nation before; not + only their reason but their senses must have betrayed them; and those + marks of certainty that have hitherto established truth, must have + combined in the support of falsehood. +</p> +<p> + They are persuaded, my lords, too firmly persuaded, to yield up their + opinions to rhetorick, or to votes, or any proof but demonstration, that + there is a <i>first</i>, or, to speak in the language of the nation, a <i>sole</i> + minister, one that has the possession of his sovereign's confidence, and + the power of excluding others from his presence, one that exalts and + degrades at his pleasure, and distributes, for his own purposes, the + revenues of his master, and the treasure of the nation. +</p> +<p> + Of this, my lords, can it be maintained that they have no proof? Can + this be termed a chimerical suspicion, which nothing can be produced to + support? How can power appear but by the exercise of it? What can prove + any degree of influence or authority, but universal submission and + acknowledgment? And surely, my lords, a very transient survey of the + court and its dependents, must afford sufficient conviction, that this + man is considered by all that are engaged in the administration, as the + only disposer of honours, favours, and employments. +</p> +<p> + Attend to any man, my lords, who has lately been preferred, rewarded, or + caressed, you will hear no expressions of gratitude but to that <i>man</i>; + no other benefactor is ever heard of, the royal bounty itself is + forgotten and unmentioned, nor is any return of loyalty, fidelity, or + adherence professed, but to the minister; the minister! a term which, + however lately introduced, is now in use in every place in the kingdom, + except this house. +</p> +<p> + Preferments, my lords, whether civil, ecclesiastical, or military, are + either wholly in his hands, or those who make it the business of their + lives to discover the high road to promotion, are universally deceived, + and are daily offering their adorations to an empty phantom that has + nothing to bestow; for, no sooner is any man infected with avarice or + ambition, no sooner is extravagance reduced to beg new supplies from the + publick, or wickedness obliged to seek for shelter, than this man is + applied to, and honour, conscience, and fortune offered at his feet. +</p> +<p> + Did either those whose studies and station give them a claim to + advancement in the church, or those whose bravery and long service + entitle them to more honourable posts in the army; did either those who + profess to understand the laws of their own country, or they who declare + themselves versed in the interests and transactions of foreign powers, + apply to any other man for promotion or employment, he might then, + indeed, be called the <i>chief</i>, but not properly the <i>sole</i> minister. +</p> +<p> + But it is well known, my lords; many of us know it too well, that + whatever be the profession or the abilities of any person, there is no + hope of encouragement or reward by any other method than that of + application to this man, that he shall certainly be disappointed who + shall attempt to rise by any other interest, and whoever shall dare to + depend on his honesty, bravery, diligence, or capacity, or to boast any + other merit than that of implicit adherence to his measures, shall + inevitably lie neglected and obscure. +</p> +<p> + For this reason, my lords, every one whose calmness of temper can enable + him to support the sight, without starts of indignation and sallies of + contempt, may daily see at the levee of this great man, what I am + ashamed to mention, a mixture of men of all ranks and all professions, + of men whose birth and titles ought to exalt them above the meanness of + cringing to a mere child of fortune, men whose studies ought to have + taught them, that true honour is only to be gained by steady virtue, and + that all other arts, all the low applications of flattery and servility + will terminate in contempt, disappointment, and remorse. +</p> +<p> + This scene, my lords, is daily to be viewed, it is ostentatiously + displayed to the sight of mankind, the minister amuses himself in + publick with the splendour, and number, and dignity of his slaves; and + his slaves with no more shame pay their prostrations to their master in + the face of day, and boast of their resolutions to gratify and support + him. And yet, my lords, it is inquired why the people assert that there + is a <i>sole</i> minister? +</p> +<p> + Those who deny, my lords, that there is a <i>sole</i> minister to whom the + miscarriages of the government may justly be imputed, may easily + persuade themselves to believe that there have been no miscarriages, + that all the measures were necessary, and well formed, that there is + neither poverty nor oppression felt in the nation, that our compliance + with France was no weakness, and that our dread of the treaty of Vienna + was not chimerical. +</p> +<p> + The treaty of Vienna, my lords, which has been the parent of so many + terrours, consultations, embassies, and alliances is, I find, not yet to + be acknowledged, what it certainly was, a mere phantom, an empty + illusion, sent by the arts of the French to terrify our ministry. His + late majesty's testimony is cited to prove that stipulations were really + entered into by the two powers allied by that treaty, to destroy our + trade, subvert our constitution, and set a new king upon the throne, + without consent of the nation. +</p> +<p> + Such improbabilities, my lords, ought, indeed, to be proved by a high + testimony, by a testimony which no man shall dare to question or + contradict; for as any man is at liberty to consult his reason, it will + always remonstrate to him, that it is no less absurd to impute the folly + of designing impossibilities to any powers not remarkable for weak + counsels, than unjust to suspect princes of intending injuries, to which + they have not been incited by any provocation. +</p> +<p> + But, my lords, nowithstanding the solemnity with which his late majesty + has been introduced, his testimony can prove nothing more than that he + believed the treaty to be such as he represents, that he had been + deceived into false apprehensions and unnecessary cautions by his own + ministers, as they had been imposed upon by the agents of France. +</p> +<p> + This is all, my lords, that can be collected from the royal speech, and + to infer more from it is to suppose that the king was himself a party in + the designs formed against him; for if he was not himself engaged in + this treaty, he could only be informed, by another, of the stipulations, + and could only report what he had been told upon the credit of the + informer, a man, necessarily of very little credit. Thus, my lords, all + the evidence of his late majesty vanishes into nothing more than the + whisper of a spy. +</p> +<p> + But as great stress ought, doubtless, to be laid upon intelligence which + the nation is believed to purchase at a very high price, let it be + inquired, what proofs those have who dare to suspect the sagacity of our + ministers, to put in the balance against their intelligence, and it will + be discovered, my lords, that they have a testimony no less than that of + the German emperour himself, who could not be mistaken with regard to + the meaning of the treaty concluded at his own court, and to whom it + will not be very decent to deny such a degree of veracity as may set him + at least on the level with a traitor and a hireling. +</p> +<p> + If the treaty of Vienna was an imposture, most of our misfortunes are + evidently produced by the weakness of the minister; but even supposing + it real, as it was only a formidable mockery, an idle threat, that could + never be executed, it was not necessary, that in order to obviate it, we + should give ourselves implicitly into the hands of France. +</p> +<p> + It was not necessary, my lords, that we should suffer them first to + elude the treaty of Utrecht, by making a port at Mardyke, and then + directly and openly to violate it by repairing Dunkirk. That this latter + is a port contrary to treaty, the bills of entry at the custom-house + daily show; and as the customs are particularly under the inspection of + the commissioners of the treasury, this man cannot plead ignorance of + this infraction, were no information given him by other means. If it + should now be asked, my lords, what, in my opinion, ought to be done, I + cannot advise that we should attempt to demolish it by force, or draw + upon ourselves the whole power of France by a declaration of war, but + what it may be difficult now to remedy, it was once easy to obviate. +</p> +<p> + Had we shown the same contempt of the French power with our ancestors, + and the same steadiness in our councils, the same firmness in our + alliances, and the same spirit in our treaties, that court would never + have ventured to break a known solemn stipulation, to have exasperated a + brave and determined adversary by flagrant injustice, and to have + exposed themselves to the hazard of a war, in which it would have been + the interest of every prince of Europe who regarded justice or posterity + to wish their defeat. +</p> +<p> + Now they see us engaged in a war, my lords, they may be animated to a + more daring contempt of the faith of treaties, and insult us with yet + greater confidence of success, as they cannot but remark the cowardice + or the ignorance with which we have hitherto carried on this war. They + cannot but observe that either our minister means in reality to make war + rather upon the Britons than the Spaniards, or that he is totally + unacquainted with military affairs, and too vain to ask the opinion of + others who have greater knowledge than himself. +</p> +<p> + Nothing, my lords, is more apparent than that the minister was forced, + by the continual clamours of the nation, to declare war, contrary to his + own inclination, and that he always affected to charge it upon others, + and to exempt himself from the imputation of it. It is, therefore, + probable that he has not acted on this occasion so wisely as even his + own experience and penetration might, if they were honestly employed, + enable him to act, and that he has suffered our counsels to be + embarrassed; that he sees with great tranquillity those suffering by the + war, at whose request it was begun, and imagines it a proof of the + excellence of his own scheme, that those who forced him to break it, may + in time repent of their importunities. +</p> +<p> + For that in the management of the war, my lords, no regard has been had + either to the advantages which the course of our trade inevitably gives + to our enemies, or to the weakness to which the extent of their + dominions necessarily subjects them, that neither the interest of the + merchant has been consulted, nor the ease of the nation in general + regarded, that the treasure of the publick has been squandered, and that + our military preparations have intimidated no nation but our own, is + evident beyond contradiction. +</p> +<p> + It is well known, my lords, to every man but the minister, that we have + nothing to fear from either the fleets or armies of the Spaniards, that + they cannot invade us except in America, and that they can only molest + us by intercepting our traders. This they can only effect by means of + their privateers, whose vessels, being light and active, may be easily + fitted out, nimbly seize their prey, and speedily retire. +</p> +<p> + The experience of the last French war, my lords, might have taught us + how much we have to fear from the activity of men incited by prospects + of private gain, and equipped with that care and vigilance, which, + however omitted in national affairs, the interest of particular men + never fails to dictate. It is well known, my lords, how much we lost + amidst our victories and triumphs, and how small security the merchants + received from our magnificent navies, and celebrated commanders. It was, + therefore, surely the part of wise men, not to miscarry twice by the + same omission, when they had an opportunity to supply it. +</p> +<p> + I need not inform your lordships of what every reader of newspapers can + tell, and which common sense must easily discover, that privateers are + only to be suppressed by ships of the same kind with their own, which + may scour the seas with rapidity, pursue them into shallow water, where + great ships cannot attack them, seize them as they leave the harbours, + or destroy them upon their own coasts. +</p> +<p> + That this is, in its own nature, at once obvious to be contrived, and + easy to be done, must appear upon the bare mention of it, and yet that + it has been either treacherously neglected, or ignorantly omitted, the + accounts of every day have long informed us. Not a week passes in which + our ships are not seized, and our sailors carried into a state of + slavery. Nor does this happen only on the wide ocean, which is too + spacious to be garrisoned, or upon our enemies' coasts, where they may + have, sometimes, insuperable advantages, but on our own shores, within + sight of our harbours, and in those seas of which we vainly style our + nation the sovereign. +</p> +<p> + Who is there, my lords, whose indignation is not raised at such + ignominy? Who is there by whom such negligence will not be resented? It + cannot be alleged that we had not time to make better preparations; we + had expected war long before we declared it, and if the minister was the + only man by whom it was not expected, it will make another head of + accusation. +</p> +<p> + Nor was his disregard of our dominions less flagrant than that of our + trade: it was publickly declared by don Geraldino, that his master would + never give up his claim to part of our American colonies, which yet were + neither fortified on the frontiers, nor supplied with arms, nor enabled + to oppose an enemy, nor protected against him. +</p> +<p> + One man there is, my lords, whose natural generosity, contempt of + danger, and regard for the publick, prompted him to obviate the designs + of the Spaniards, and to attack them in their own territories; a man, + whom by long acquaintance I can confidently affirm to have been equal to + his undertaking, and to have learned the art of war by a regular + education, who yet miscarried in his design, only for want of supplies + necessary to a possibility of success. +</p> +<p> + Nor is there, my lords, much probability that the forces sent lately to + Vernon will be more successful; for this is not a war to be carried on + by boys: the state of the enemy's dominions is such, partly by + situation, and partly by the neglect of that man whose conduct we are + examining, that to attack them with any prospect of advantage, will + require the judgment of an experienced commander; of one who had learned + his trade, not in Hyde-park, but in the field of battle; of one that has + been accustomed to sudden exigencies and unsuspected difficulties, and + has learned cautiously to form, and readily to vary his schemes. +</p> +<p> + An officer, my lords, an officer qualified to invade kingdoms is not + formed by blustering in his quarters, by drinking on birth-nights, or + dancing at assemblies; nor even by the more important services of + regulating elections, and suppressing those insurrections which are + produced by the decay of our manufactures. Many gallant colonels have + led out their forces against women and children, with the exactest + order, and scattered terrour over numerous bodies of colliers and + weavers, who would find difficulties not very easily surmountable, were + they to force a pass, or storm a fortress. +</p> +<p> + But, my lords, those whom we have destined for the conquest of America, + have not even flushed their arms with such services, nor have learned, + what is most necessary to be learned, the habit of obedience; they are + only such as the late frost hindered from the exercise of their trades, + and forced to seek for bread in the service; they have scarcely had time + to learn the common motions of the exercise, or distinguish the words of + command. +</p> +<p> + Nor are their officers, my lords, extremely well qualified to supply + those defects, and establish discipline and order in a body of + new-raised forces; for they are absolutely strangers to service, and + taken from school to receive a commission, or if transplanted from other + regiments, have had time only to learn the art of dress. We have sent + soldiers undisciplined, and officers unable to instruct them, and sit in + expectation of conquests to be made by one boy acting under the + direction of another. +</p> +<p> + To their commander-in-chief, my lords, I object nothing but his + inexperience, which is by no means to be imputed to his negligence, but + his want of opportunities; though of the rest, surely it may be said, + that they are such a swarm as were never before sent out on military + designs; and, in my opinion, to the other equipments, the government + should have added provisions for women to nurse them. +</p> +<p> + Had my knowledge of war, my lords, been thought sufficient to have + qualified me for the chief command in this expedition, or had my advice + been asked with regard to the conduct of it, I should willingly have + assisted my country with my person or my counsels; but, my lords, this + man, who engrosses all authority, seems, likewise, to believe that he is + in possession of all knowledge, and that he is equally capable, as he is + equally willing, to usurp the supreme and uncontroulable direction both + of civil and military affairs. +</p> +<p> + Why new forces were raised, my lords, it is very easy to judge; new + forces required new commissions, and new commissions produced new + dependencies, which might be of use to the minister at the approaching + election; but why the new-raised troops were sent on this expedition + rather than those which had been longer disciplined, it is very + difficult to assign a reason, unless it was considered that some who had + commands in them had likewise seats in the senate; and the minister was + too grateful to expose his friends to danger, and too prudent to hazard + the loss of a single vote. Besides the commander-in-chief, there is but + one senator in the expedition, and, my lords, he is one of too great + integrity to be corrupted, and, though sensible of the weakness of the + troops, too brave to quit his post. How much our country may suffer by + such absurd conduct, I need not explain to your lordships; it may easily + be conceived how much one defeat may dispirit the nation, and to what + attempts one victory may excite our enemies; those enemies whom, under a + steady and wise administration, we should terrify into submission, even + without an army. +</p> +<p> + I cannot forbear to remark on this occasion, how much the ignorance of + this man has exposed a very important part of our foreign dominions to + the attempts of the Spaniards. Gibraltar, my lords, is well known to be + so situated, as to be naturally in very little danger of an attack from + the land, and to command the country to a great distance; but these + natural advantages are now taken away, or greatly lessened, by new + fortifications, erected within much less than gunshot of the place, + erected in the sight of the garrison, and while one of our admirals was + cruizing upon the coast. +</p> +<p> + The pretence, my lords, upon which they were erected, was, that though + Gibraltar was granted to Britain, yet there was no district appendent to + it, nor did the British authority extend beyond the walls of the town: + this poor excuse did the chicanery of the Spaniards invent, and with + this, my lords, was our minister contented, either not knowing or not + appearing to know what, I hope, the children whom we have despatched to + America have been taught, and what no man, versed in national affairs, + can be ignorant of without a crime, that when a fortress is yielded to + another nation, the treaty always virtually includes, even without + mentioning it, an extent of land as far as the guns of the fortification + can reach. +</p> +<p> + Whether this man, my lords, was so ignorant as to be deceived thus + grossly, or so abandoned as willingly to deceive his country, he is + equally unqualified to support the office of first minister, and almost + equally deserves to be prosecuted by the indignation and justice of this + assembly, in the severest manner; for how great must be his wickedness + who undertakes a charge above his abilities, when his country may be + probably ruined by his errours? +</p> +<p> + Your lordships cannot but observe, that I make use rather of the term + minister than that of the administration, which others are so desirous + to substitute in its place, either to elude all inquiry into the + management of our affairs, or to cover their own shameful dependence. +</p> +<p> + Administration, my lords, appears to me a term without a meaning, a wild + indeterminate word, of which none can tell whom it implies, or how + widely it may extend: a charge against the administration may be + imagined a general censure of every officer in the whole subordination + of government, a general accusation of instruments and agents, of + masters and slaves: my charge, my lords, is against the minister, + against that man, who is believed by every one in the nation, and known + by great numbers, to have the chief, and, whenever he pleases to require + it, the sole direction of the publick measures; he, to whom all the + other ministers owe their elevation, and by whose smile they hold their + power, their salaries, and their dignity. +</p> +<p> + That this appellation is not without sufficient reason bestowed upon + that man, I have already proved to your lordships; and as it has already + been made appear that common fame is a sufficient ground of accusation, + it will easily be shown that this man has a just claim to the title of + minister; for if any man be told of an accusation of the minister; he + will not ask the name of the person accused. +</p> +<p> + But there is in the motion one title conferred upon him, to which he has + no pretensions; for there is no law for styling him the first + commissioner of the treasury. The commissioners, my lords, who + discharge, in a collective capacity, the office of lord high treasurer, + are constituted by the same patent, invested with equal power and equal + dignity, and I know not why this man should be exalted to any + superiority over his associates. +</p> +<p> + If we take, my lords, a review of our affairs, and examine the state of + the nation in all its relations and all its circumstances, we cannot, + surely, conceive that we are in a state of prosperity, unless discontent + at home, and scorn abroad, the neglect of our allies, and insolence of + our enemies, the decay of trade, and multitude of our imposts, are to be + considered as proofs of a prosperous and nourishing nation. +</p> +<p> + Will it be alleged, my lords, has this man one friend adventurous enough + to assert, in open day, that the people are not starving by thousands, + and murmuring by millions, that universal misery does not overspread the + nation, and that this horrid series of calamities is not universally, + among all conditions, imputed to the conduct of this man? +</p> +<p> + That great evils are felt, my lords, no Briton, I am certain, who + converses promiscuously with his countrymen, will attempt to dispute, + and until some other cause more proportioned to the effect shall be + assigned, I shall join the publick in their opinion, and while I think + this man the author of our miseries, shall conclude it necessary to + comply with the motion. +</p> +<p> + Lord HARDWICK spoke next, to the following effect:—My lords, though I + very readily admit that crimes ought to be punished, that a treacherous + administration of publick affairs is, in a very high degree, criminal, + that even ignorance, where it is the consequence of neglect, deserves + the severest animadversion, and that it is the privilege and duty of + this house to watch over the state of the nation, and inform his majesty + of any errours committed by his ministers; yet I am far from being + convinced either of the justice or necessity of the motion now under + consideration. +</p> +<p> + The most flagrant and invidious part of the charge against the right + honourable gentleman appears to consist in this, that he has engrossed + an exorbitant degree of power, and usurped an unlimited influence over + the whole system of government, that he disposes of all honours and + preferments, and that he is not only <i>first</i> but <i>sole</i> minister. +</p> +<p> + But of this boundless usurpation, my lords, what proof has been laid + before you? What beyond loud exaggerations, pompous rhetorick, and + specious appeals to common fame; common fame, which, at least, may + sometimes err, and which, though it may afford sufficient ground for + suspicion and inquiry, was never yet admitted as conclusive evidence, + where the immediate necessities of the publick did not preclude the + common forms of examination, where the power of the offender did not + make it dangerous to attack him by a legal prosecution, or where the + conduct of the accusers did not plainly discover that they were more + eager of blood than of justice, and more solicitous to destroy than to + convict. +</p> +<p> + I hope none of these circumstances, my lords, can at present obstruct a + candid and deliberate inquiry: with regard to the publick, I am not able + to discover any pressing exigencies that demand a more compendious + method of proceeding, than the established laws of the land, and the + wisdom of our ancestors have prescribed. I know not any calamity that + will be aggravated, nor any danger that will become move formidable, by + suffering this question to be legally tried. +</p> +<p> + Nor is there, my lords, in the circumstances of the person accused, any + thing that can incite us to a hasty process; for, if what is alleged by + the noble lords is not exaggerated beyond the truth, if he is + universally detested by the whole nation, and loaded with execrations by + the publick voice; if he is considered as the author of all our + miseries, and the source of all our corruptions; if he has ruined our + trade, and depressed our power, impoverished the people, and attempted + to enslave them, there is, at least, no danger of an insurrection in his + favour, or any probability that his party will grow stronger by delays. + For, my lords, to find friends in adversity, and assertors in distress, + is only the prerogative of innocence and virtue. +</p> +<p> + The gentleman against whom this formidable charge is drawn up, is, I + think, not suspected of any intention to have recourse either to force + or flight; he has always appeared willing to be tried by the laws of his + country, and to stand an impartial examination; he neither opposes nor + eludes inquiry, neither flies from justice, nor defies it. +</p> +<p> + And yet less, my lords, can I suspect, that those by whom he is accused, + act from any motive that may influence them to desire a sentence not + supported by evidence, or conformable to truth; or that they can wish + the ruin of any man whose crimes are not notorious and flagrant, that + they persecute from private malice, or endeavour to exalt themselves by + the fall of another. +</p> +<p> + Let us, therefore, my lords, inquire before we determine, and suffer + evidence to precede our sentence. The charge, if it is just, must be, by + its own nature, easily proved, and that no proof is brought may, + perhaps, be sufficient to make us suspect that it is not just. +</p> +<p> + For, my lords, what is the evidence of common fame, which has been so + much exalted, and so confidently produced? Does not every man see that, + on such occasions, two questions may be asked, of which, perhaps, + neither can easily be answered, and which, yet, must both be resolved + before common fame can be admitted as a proof of facts. +</p> +<p> + It is first to be inquired, my lords, whether the reports of fame are + necessarily or even probably true? A question very intricate and + diffusive, entangled with a thousand, and involving a thousand, + distinctions; a question of which it may be said, that a man may very + plausibly maintain either side, and of which, perhaps, after months or + years wasted in disputation, no other decision can be obtained than what + is obvious at the first view, that they are often true, and often false, + and, therefore, can only be grounds of inquiry, not reasons of + determination. +</p> +<p> + But if it appear, my lords, that this oracle cannot be deceived, we are + then to inquire after another difficulty, we are to inquire, <i>What is + fame?</i> +</p> +<p> + Is fame, my lords, that fame which cannot err? a report that flies, on a + sudden, through a nation, of which no man can discover the original; a + sudden blast of rumour, that inflames or intimidates a people, and + obtains, without authority, a general credit? No man versed in history + can inquire whether such reports may not deceive. Is fame rather a + settled opinion, prevailing by degrees, and for some time established? + How long, then, my lords, and in what degree must it have been + established, to obtain undoubted credit, and when does it commence + infallible? If the people are divided in their opinions, as in all + publick questions it has hitherto happened, fame is, I suppose, the + voice of the majority; for, if the two parties are equal in their + numbers, fame will be equal; then how great must be the majority before + it can lay claim to this powerful auxiliary? and how shall that majority + be numbered? +</p> +<p> + These questions, my lords, may be thought, perhaps with justice, too + ludicrous in this place, but, in my opinion, they contribute to show the + precarious and uncertain nature of the evidence so much confided in. +</p> +<p> + Common fame, my lords, is to every man only what he himself commonly + hears; and it is in the power of any man's acquaintance to vitiate the + evidence which they report, and to stun him with clamours, and terrify + him with apprehensions of miseries never felt, and dangers invisible. + But, without such a combination, we are to remember, that most men + associate with those of their own opinions, and that the rank of those + that compose this assembly naturally disposes such as are admitted to + their company, to relate, or to invent, such reports as may be + favourably received, so that what appears to one lord the general voice + of common fame, may, by another, be thought only the murmur of a petty + faction, despicable, with regard to their numbers, and detestable, if we + consider their principles. +</p> +<p> + So difficult is it, my lords, to form any solid judgment concerning the + extent and prevalence of any particular report, and the degree of credit + to be given to it. The industry of a party may supply the defect of + numbers, and some concurrent circumstances may contribute to give credit + to a false report. +</p> +<p> + But, my lords, we are ourselves appealed to as witnesses of the truth of + facts, which prove him to be sole minister, of the number of his + dependents, the advancement of his friends, the disappointments of his + opponents, and the declarations made by his followers of adherence and + fidelity. +</p> +<p> + If it should be granted, my lords, that there is nothing in these + representations exaggerated beyond the truth, and that nothing is + represented in an improper light, what consequence can we draw, but that + the followers of this gentleman, make use of those arts which have + always been practised by the candidates of preferment, that they + endeavour to gain their patron's smile by flattery and panegyrick, and + to keep it by assiduity and an appearance of gratitude. And if such + applications exalted any man to the authority and title of first + minister, the nation has never, in my memory, been without some man in + that station, for there is always some one to whom ambition and avarice + have paid their court, and whose regards have been purchased at the + expense of truth. +</p> +<p> + Nor is it to be wondered at, my lords, that posts of honour and profit + have been bestowed upon the friends of the administration; for who + enriches or exalts his enemies? who will increase the influence that is + to be exerted against him, or add strength to the blow that is levelled + at himself? +</p> +<p> + That the right honourable gentleman is the only disposer of honours, has + never yet appeared; it is not pretended, my lords, that he distributes + them without the consent of his majesty, nor even that his + recommendation is absolutely necessary to the success of any man's + applications. If he has gained more of his majesty's confidence and + esteem than any other of his servants, he has done only what every man + endeavours, and what, therefore, is not to be imputed to him as a crime. +</p> +<p> + It is impossible, my lords, that kings, like other men, should not have + particular motions of inclination or dislike; it is possible that they + may fix their affection upon objects not in the highest degree worthy of + their regard, and overlook others that may boast of greater excellencies + and more shining merit; but this is not to be supposed without proof, + and the regard of the king, as of any other man, is one argument of + desert more than he can produce, who has endeavoured after it without + effect. +</p> +<p> + This imputed usurpation must be proved upon him either by his own + confession, or by the evidence of others; and it has not been yet + pretended that he assumes the title of <i>prime minister</i>, or indeed, that + it is applied to him by any but his enemies; and it may easily be + conceived how weakly the most uncorrupted innocence would be supported, + if all the aspersions of its enemies were to be received as proofs + against it. +</p> +<p> + Nor does it appear, my lords, that any other evidence can be brought + against him on this head, or that any man will stand forth and affirm + that either he has been injured himself by this gentleman, or known any + injury done by him to another by the exertion of authority with which he + was not lawfully invested; such evidence, my lords, the laws of our + country require to be produced before any man can be punished, censured, + or disgraced. No man is obliged to prove his innocence, but may call + upon his prosecutors to support their accusation; and why this + honourable gentleman, whatever may have been his conduct, should be + treated in a different manner than any other criminal, I am by no means + able to discover. +</p> +<p> + Though there has been no evidence offered of his guilt, your lordships + have heard an attestation of his innocence, from the noble duke who + spoke first against the motion, of whom it cannot be suspected that he + would, voluntarily, engage to answer for measures which he pursued in + blind compliance with the direction of another. The same testimony, my + lords, can I produce, and affirm with equal truth, that in the + administration of my province, I am independent, and left entirely to + the decisions of my own judgment. +</p> +<p> + In every government, my lords, as in every family, some, either by + accident or a natural industry, or a superiour capacity, or some other + cause, will be engaged in more business, and treated with more + confidence than others; but if every man is willing to answer for the + conduct of his own province, there is all the security against + corruption that can possibly be obtained; for if every man's regard to + his own safety and reputation will prevent him from betraying his trust, + or abusing his power, much more will it incite him to prevent any + misconduct in another for which he must himself be accountable. Men are, + usually, sufficiently tenacious of power, and ready to vindicate their + separate rights, when nothing but their pride is affected by the + usurpation, but surely no man will patiently suffer his province to be + invaded when he may himself be ruined by the conduct of the invader. +</p> +<p> + Thus, my lords, it appears to me to be not only without proof, but + without probability, and the first minister can, in my opinion, be + nothing more than a formidable illusion, which, when one man thinks he + has seen it, he shows to another, as easily frighted as himself, who + joins with him in propagating the notion, and in spreading terrour and + resentment over the nation, till at last the panick becomes general, and + what was at first only whispered by malice or prejudice in the ears of + ignorance or credulity, is adopted by common fame, and echoed back from + the people to the senate. +</p> +<p> + I have hitherto, my lords, confined myself to the consideration of one + single article of this complicated charge, because it appears to me to + be the only part of it necessary to be examined; for if once it be + acknowledged that the affairs of the nation are transacted not by the + minister but the administration, by the council in which every man that + sits there has an equal voice and equal authority, the blame or praise + of all the measures must be transferred from him to the council, and + every man that has advised or concurred in them, will deserve the same + censure or the same applause; as it is unjust to punish one man for the + crimes of another, it is unjust to choose one man out for punishment + from among many others equally guilty. +</p> +<p> + But I doubt not, my lords, when all those measures are equitably + considered, there will be no punishment to be dreaded, because neither + negligence nor treachery will be discovered. For, my lords, with regard + to the treaty of Vienna, let us suppose our ministers deceived by + ignorant or corrupt intelligence, let us admit that they were cautious + where there was no danger, and neglected some opportunities, which, if + they had received better information, they might have improved to the + advantage and security of the nation. What have they done, even under + all these disadvantageous suppositions, but followed the lights which + they judged most clear, and by which they hoped to be conducted to + honour and to safety? +</p> +<p> + Policy, my lords, is very different from prescience; the utmost that can + be attained is probability, and that, for the most part, in a low + degree. It is observed, that no man is wise but as you take into + consideration the weakness of another; a maxim more eminently true of + political wisdom, which consists, very often, only in discovering + designs which could never be known but by the folly or treachery of + those to whom they are trusted. If our enemies were wise enough to keep + their own secrets, neither our ministers nor our patriots would be able + to know or prevent their designs, nor would it be any reproach to their + sagacity, that they did not know what nobody would tell them. +</p> +<p> + If therefore, my lords, the princes, whose interest is contrary to our + own, have been at any time served by honest and wise men, there was a + time when our ministers could act only by conjecture, and might be + mistaken without a crime. +</p> +<p> + If it was always in our power to penetrate into the intentions of our + enemies, they must necessarily have the same means of making themselves + acquainted with our projects, and yet when any of them are discovered we + think it just to impute it to the negligence of the minister. +</p> +<p> + Thus, my lords, every man is inclined to judge with prejudice and + partiality. When we suffer by the prudence of our enemies, we charge our + ministers with want of vigilance, without considering, that very often + nothing is necessary to elude the most penetrating sagacity, but + obstinate silence. +</p> +<p> + If we inquire into the transactions of past times, shall we find any + man, however renowned for his abilities, not sometimes imposed upon by + falsehoods, and sometimes betrayed by his own reasonings into measures + destructive of the purposes which he endeavoured to promote? There is no + man of whose penetration higher ideas have been justly formed, or who + gave more frequent proofs of an uncommon penetration into futurity than + Cromwell; and yet succeeding times have sufficiently discovered the + weakness of aggrandizing France by depressing Spain, and we wonder now + how so much policy could fall into so gross an errour, as not rather to + suffer power to remain in the distant enemy, than transfer it to another + equally divided from us by interest, and far more formidable by the + situation of his dominions. +</p> +<p> + Cromwell, my lords, suffered himself to be hurried away by the near + prospect of present advantages, and the apprehension of present dangers; + and every other man has been, in the same manner, sometimes deluded into + a preference of a smaller present advantage, to a greater which was more + remote. +</p> +<p> + Let it not be urged, my lords, that politicks are advanced since the + time of Cromwell, and that errours which might then be committed by the + wisest administration, are now gross and reproachful; we are to remember + that every part of policy has been equally improved, and that if more + methods of discovery have been struck out, there have been likewise more + arts invented of eluding it. +</p> +<p> + When, therefore, we inquire into the conduct, or examine the abilities + of a minister, we are not to expect that he should appear never to have + been deceived, but that he should never be found to have neglected any + proper means of information, nor ever to have willingly given up the + interest of his country; but we are not to impute to his weakness what + is only to be ascribed to the wisdom of those whom he opposed. +</p> +<p> + If this plea, my lords, is reasonable, it will be necessary for those + who support the motion, to prove, not only that the treaty of Vienna was + never made, but that the falsehood of the report either was or might + have been known by our ministers; otherwise, those who are inclined to + retain a favourable opinion of their integrity and abilities, may + conclude, that they were either not mistaken, or were led into errour by + such delusions as would no less easily have imposed on their accusers, + and that by exalting their enemies to their stations, they shall not + much consult the advantage of their country. +</p> +<p> + This motion, therefore, my lords, founded upon no acknowledged, no + indisputable facts, nor supported by legal evidence; this motion, which, + by appealing to common fame, as the ultimate judge of every man's + actions, may bring every man's life, or fortune, into danger; this + motion, which condemns without hearing, and decides without examining, I + cannot but reject, and hope your lordships will concur with me. +</p> +<p> + Lord CARLISLE spoke next, to the following purport:—My lords, the state + of the question before us has, in my opinion, not been rightly + apprehended by the noble lord who spoke last, nor is the innocence or + guilt of the minister the chief question before us, because a minister + may possibly mean well, and yet be, in some particular circumstances, + unqualified for his station. +</p> +<p> + He may not only want the degree of knowledge and ability requisite to + make his good intentions effectual, but, my lords, however skilful, + sagacious, or diligent, he may be so unfortunate, in some parts of his + conduct, as to want the esteem and confidence of the people. +</p> +<p> + That a very able and honest minister may be misinformed by his + intelligence, disappointed by his agents, or baffled by other men of + equal capacity and integrity with himself, cannot be controverted; but + it must surely be owned likewise, that when this has happened so often, + and in cases of such importance, as to deprive him entirely of the + regard and affection of the people; when he is reduced to intrench + himself behind his privileges, to employ all the influence of the crown + for his own security, and make it his daily endeavour to create new + dependencies, he ought to be pitied and discarded. +</p> +<p> + That this is the state of the minister whose removal is desired by the + motion, cannot be denied; the exaltation of his adherents to places and + preferments, the noble lord has been so far from questioning, that he + has endeavoured to justify it, and has in plain terms inquired, who + would have acted otherwise? +</p> +<p> + Every man, my lords, would have acted otherwise, whose character had not + been blasted by general detestation; every man would have acted + otherwise, who preferred the publick good to his own continuance in + power; and every man has acted otherwise who has distinguished himself + as a friend to the publick. +</p> +<p> + It is the interest of the nation, my lords, that every office should be + filled by that man who is most capable of discharging it, whatever may + be his sentiments with regard to the minister; and that his attention + should be confined to his employment, rather than distracted by various + concerns and opposite relations. It is, therefore, an injury to the + publick, to thrust a skilful commissioner into the senate, or to + embarrass an industrious senator with a post or commission. +</p> +<p> + Yet, my lords, that multitudes have obtained places, who have no + acquaintance with the duties of their offices, nor any other pretensions + to them, than that they have seats in the other house, and that by + distinguishing himself in that assembly, any man may most easily obtain + the preferments of the crown, is too obvious for controversy. +</p> +<p> + This practice, my lords, is a sufficient foundation for the motion; a + practice so injurious to the nation, so long continued, and so openly + avowed, requires to be vigorously opposed, lest it should become + established by long custom, and entangle itself with our constitution. +</p> +<p> + If the minister, my lords, has made it necessary to employ none but his + adherents and blind followers, this necessity is alone a sufficient + proof how little he confides in his own prudence or integrity, how + apprehensive he is of the censure of the senate, and how desirous of + continuing his authority, by avoiding it. And, surely, my lords, it is + our duty, as well as our right, to address the throne, that a minister + should be removed who fears the people, since few men fear without + hating, and nothing so much contributes to make any man an enemy to his + country, as the consciousness that he is universally abhorred. +</p> +<p> + But, my lords, if this is done by him without necessity, if the general + preference of his friends is only the consequence of mistaken judgment, + or corrupt gratitude, this address is equally necessary, because the + effects are equally pernicious. +</p> +<p> + When a minister, suspected of ill intentions, is continued in + employment, discontent must naturally spread over the nation; and if the + end of government be the happiness of the people; if suspicion and + jealousy be contrary to a state of happiness; and if this suspicion + which generally prevails, this discontent which fills the whole nation, + can only be appeased by the removal of the minister; prudence, justice, + and the examples of our ancestors, ought to influence us to endeavour + that the affairs of the nation may be transferred to such whose greater + integrity or wisdom has recommended them to the affection of the people. +</p> +<p> + In this motion, therefore, we need not be supposed to imply that the + minister is either ignorant or corrupt, but that he is disliked by the + people, disliked to such a degree, my lords, that it is not safe for his + majesty to employ him. +</p> +<p> + It is, doubtless, our duty, my lords, to guard both the rights of the + people, and the prerogatives of the throne, and with equal ardour to + remonstrate to his majesty the distresses of his subjects, and his own + danger. We are to hold the balance of the constitution, and neither to + suffer the regal power to be overborne by a torrent of popular fury, nor + the people to be oppressed by an illegal exertion of authority, or the + more insupportable hardships of unreasonable laws. +</p> +<p> + By this motion, my lords, the happiness of the people, and the security + of his majesty, are at once consulted, nor can we suppress so general a + clamour without failing equally in our duty to both. +</p> +<p> + To what, my lords, is the untimely end of so many kings and emperours to + be imputed, but to the cowardice or treachery of their counsellors, of + those to whom they trusted that intercourse, which is always to be + preserved between a monarch and his people? Were kings honestly informed + of the opinions and dispositions of their subjects, they would never, + or, at least rarely, persist in such measures, as, by exasperating the + people, tend necessarily to endanger themselves. +</p> +<p> + It is the happiness of a British monarch, that he has a standing and + hereditary council, composed of men who do not owe their advancement to + the smiles of caprice, or the intrigues of a court; who are, therefore, + neither under the influence of a false gratitude, nor of a servile + dependence, and who may convey to the throne the sentiments of the + people, without danger, and without fear. But, my lords, if we are + either too negligent, or too timorous to do our duty, how is the + condition of our sovereign more safe, or more happy than that of an + emperour of Turkey, who is often ignorant of any complaints made against + the administration, till he hears the people thundering at the gates of + his palace. +</p> +<p> + Let us, therefore, my lords, whatever may be our opinion of the conduct + of the minister, inform his majesty of the discontent of his subjects, + since, whether it is just or not, the danger is the same, and whenever + any danger threatens the king, we ought either to enable him to oppose, + or caution him to avoid it. +</p> +<p> + Lord CHOLMONDELEY spoke next, to the following effect:—My lords, I + cannot but observe in this debate an ambition of popularity, in my + opinion not very consistent with the freedom of debate, and the dignity + of this assembly, which ought to be influenced by no other motive than + the force of reason and truth. +</p> +<p> + It has been a common method of eluding the efficacy of arguments, to + charge the opponent with blind adherence to interest, or corrupt + compliance with the directions of a court; nor has it been less frequent + to prevent inquiries into publick measures, by representing them as the + clamours of faction, the murmurs of disobedience, and the prelude to + rebellion. +</p> +<p> + So necessary, my lords, has it been always thought to be uninfluenced in + our examinations by dependence or interest, that the most irrefragable + reasons have lost the power of conviction, by the condition and + characters of those by whom they were produced; and so much is it + expected from innocence and justice to despise all foreign assistance, + and to stand the test of inquiry without asking the support of power, + that every man has been concluded guilty that has fled for shelter to + the throne. +</p> +<p> + And surely, my lords, if that man's suffrage is of little weight, who + appears determined to subscribe to the dictates of a minister, no + greater credit can be assigned to another, who professes himself only + the echo of the clamours of the populace. If it be a proof of a weak + cause, and consciousness of misconduct, to apply to the crown for + security and protection, it may be accounted an acknowledgment of the + insufficiency of arguments, when the people is called in to second them, + and they are only to expect success from the violence of multitudes. +</p> +<p> + That all government is instituted for the happiness of the people, that + their interest ought to be the chief care of the legislature, that their + complaints ought patiently to be heard, and their grievances speedily + redressed, are truths well known, generally acknowledged, and, I hope, + always predominant in the mind of every lord in this assembly. But, that + the people cannot err, that the voice of fame is to be regarded as an + oracle, and every murmur of discontent to be pacified by a change of + measures, I have never before heard, or heard it only to disregard it. +</p> +<p> + True tenderness for the people, my lords, is to consult their advantage, + to protect their liberty, and to preserve their virtue; and perhaps + examples may be found sufficient to inform us that all these effects are + often to be produced by means not generally agreeable to the publick. +</p> +<p> + It is possible, my lords, for a very small part of the people to form + just ideas of the motives of transactions and the tendency of laws. All + negotiations with foreign powers are necessarily complicated with many + different interests, and varied by innumerable circumstances, influenced + by sudden exigencies, and defeated by unavoidable accidents. Laws have + respect to remote consequences, and involve a multitude of relations + which it requires long study to discover. And how difficult it is to + judge of political conduct, or legislative proceedings, may be easily + discovered by observing how often the most skilful statesmen are + mistaken, and how frequently the laws require to be amended. +</p> +<p> + If then, my lords, the people judge for themselves on these subjects, + they must necessarily determine without knowledge of the questions, and + their decisions are then of small authority. If they receive, + implicitly, the dictates of others, and blindly adopt the opinions of + those who have gained their favour and esteem, their applauses and + complaints are, with respect to themselves, empty sounds, which they + utter as the organs of their leaders. Nor are the desires of the people + gratified when their petitions are granted; nor their grievances + overlooked when their murmurs are neglected. +</p> +<p> + As it is no reproach to the people that they cannot be the proper judges + of the conduct of the government, so neither are they to be censured + when they complain of injuries not real, and tremble at the apprehension + of severities unintended. Unjust complaints, my lords, and unreasonable + apprehensions, are to be imputed to those who court their regard only to + deceive them, and exalt themselves to reputation by rescuing them from + grievances that were never felt, and averting dangers that were never + near. +</p> +<p> + He only who makes the happiness of the people his endeavour, loves them + with a true affection and a rational tenderness, and he certainly + consults their happiness who contributes to still all groundless + clamours, and appease all useless apprehensions, who employs his care, + not only to preserve their quiet and their liberty, but to secure them + from the fear of losing it, who not only promotes the means of + happiness, but enables them to enjoy it. +</p> +<p> + Thus, it appears, my lords, that it is possible to be a friend, at the + same time, to the people and the administration, and that no man can + more deserve their confidence and applause, than he that dissipates + their unreasonable terrours, and contributes to reconcile them to a good + government. +</p> +<p> + That most of the clamours against the present government arise from + calumnies and misrepresentations, is apparent from the sanction of the + senate, which has been given to all the measures that are charged as + crimes upon the administration. +</p> +<p> + That the army is supported by the consent of the senate, that the senate + has approved the convention, and that our taxes are all imposed and + continued by the senate, cannot be denied. What then is demanded by + those that censure the conduct of publick affairs, but that their + opinion should be considered as an overbalance to the wisdom of the + senate, that no man should be allowed to speak but as they dictate, nor + to vote but as they shall influence them by their rhetorick or example? +</p> +<p> + To repeat the particular topicks of accusation, and recapitulate the + arguments which have been produced to confute it, would be a tedious and + unnecessary labour; unnecessary, because it is well known that they once + had the power of convincing this house, and that nothing has since + happened to lessen their force, and because many of them now have been + already repeated by the noble lords that have opposed the motion. +</p> +<p> + To search far backward for past errors, and to take advantage of later + discoveries in censuring the conduct of any minister, is in a high + degree disingenuous and cruel; it is an art which may be easily + practised, of perplexing any question, by connecting distant facts, and + entangling one period of time with another. +</p> +<p> + The only candid method of inquiry is to recur back to the state of + affairs, as it then appeared, to consider what was openly declared, and + what was kept impenetrably secret, what was discoverable by human + sagacity, and what was beyond the reach of the most piercing politician. +</p> +<p> + With regard to the Hanover treaty, it is not, my lords, requisite that + we should engage ourselves in a very minute examination; for it was not + only not transacted by the right honourable gentleman whose behaviour is + the subject of this debate, but cannot be proved to have been known by + him till it was formally ratified. If he afterwards approved it either + in the council or the senate, he cannot justly, how destructive or + ridiculous soever that treaty may be thought, be charged with more than + his share of the guilt, the bare guilt of a single vote. +</p> +<p> + But there is one accusation yet more malicious, an accusation not only + of crimes which this gentleman did not commit, but which have not yet + been committed, an accusation formed by prying into futurity, and + exaggerating misfortunes which are yet to come, and which may probably + be prevented. Well may any man, my lords, think himself in danger, when + he hears himself charged not with high crimes and misdemeanours, not + with accumulative treason, but with misconduct of publick affairs, past, + present, and future. +</p> +<p> + The only charge against this gentleman, which seems to relate more to + him than to any other man engaged in the administration, is the + continuance of the harbour of Dunkirk, which, says the noble duke, he + must be acquainted with as commissioner of the treasury; but if the + title of first commissioner be denied, if his authority be but the same + with that of his associates, whence comes it, my lords, that he is more + particularly accused than they? Why is his guilt supposed greater if his + power is only equal? +</p> +<p> + But, my lords, I believe it will appear, that no guilt has been + contracted on this account, and that Dunkirk was always intended, even + by those that demanded the demolition of it, to continue a harbour for + small trading vessels, and that if larger ever arrived from thence, they + lay at a distance from the shore, and were loaded by small vessels from + the town. +</p> +<p> + With regard to other affairs, my lords, they were all transacted by the + council, not by his direction, but with his concurrence; and how it is + consistent with justice to single him out for censure, I must desire the + noble lords to show who approve the motion. +</p> +<p> + If the people, my lords, have been, by misrepresentations industriously + propagated, exasperated against him, if the general voice of the nation + condemns him, we ought more cautiously to examine his conduct, lest we + should add strength to prejudice too powerful already, and instead of + reforming the errours, and regulating the heat of the people, inflame + their discontent and propagate sedition. +</p> +<p> + The utmost claim of the people is to be admitted as accusers, and + sometimes as evidence, but they have no right to sit as judges, and to + make us the executioners of their sentence; and as this gentleman has + yet been only condemned by those who have not the opportunities of + examining his conduct, nor the right of judging him, I cannot agree to + give him up to punishment. +</p> +<p> + Lord HALIFAX spoke next, in substance as follows:—My lords, though I do + not conceive the people infallible, yet I believe that in questions like + this they are seldom in the wrong, for this is a question not of + argument but of fact; of fact discoverable, not by long deductions and + accurate ratiocinations, but by the common powers of seeing and feeling. +</p> +<p> + That it is difficult to know the motives of negotiations, and the + effects of laws, and that it requires long study and intense meditation + to discover remote consequences, is indubitably true. And, with regard + to the people in general, it cannot be denied, that neither their + education qualifies them, nor their employments allow them to be much + versed in such inquiries. +</p> +<p> + But, my lords, to refer effects to their proper causes, and to observe, + when consequences break forth, from whence they proceed, is no such + arduous task. The people of the lowest class may easily feel that they + are more miserable this year than the last, and may inquire and discover + the reason of the aggravation of their misery; they may know that the + army is increased, or our trade diminished; that the taxes are heavier, + and penal laws become more grievous. +</p> +<p> + Nor is it less easy for them to discover that these calamities are not + brought upon them by the immediate hand of heaven, or the irresistible + force of natural causes; that their towns are not ruined by an invasion, + nor their trade confined by a pestilence; they may then easily collect, + that they are only unhappy by the misconduct of their governours; they + may assign their infelicity to that cause, as the only remaining cause + that is adequate to the effect. +</p> +<p> + If it be granted, my lords, that they may be mistaken in their + reasoning, it must be owned, that they are not mistaken without + probabilities on their side: it is probable that the ministry must + injure the publick interest when it decays without any other visible + cause; it is still more probable, when it appears that among those whose + station enables them to enter into national inquiries, every man imputes + his calamities to the minister, who is not visibly dependent on his + favour. It becomes more probable, yet, when it appears that it is the + great business of the minister to multiply dependencies, to list + accomplices, and to corrupt his judges. +</p> +<p> + At least, my lords, if it be granted, which, surely, cannot be denied, + that the people may be sensible of their own miseries, it is their part + to declare their sufferings, and to apply to this house for relief, and + it is our business to discover the authors of them, and bring them to + punishment. +</p> +<p> + That the people are very loud and importunate in their complaints, is + daily evident; nor is it less apparent, that their complaints are just; + if, therefore, their miseries must have an author, let the defenders of + this gentleman point out the man whom they may more properly accuse. +</p> +<p> + But, my lords, nothing is more evident, than that the crimes and the + criminal are equally known, that there is one man predominant in his + majesty's councils, and that it has long been the practice of that man + at once to oppress and ridicule the people, to plunder them, and set + them at defiance. +</p> +<p> + Nothing is more known than that this man pretends to a superiour + knowledge, and exerts a superiour power in the management of the publick + revenues, and that they have been so ill managed for many years, that + the expenses of peace have been almost equal to those of a most vigorous + and extensive war. +</p> +<p> + Nothing is more probable, than that most of the foreign negotiations are + conducted by his direction, nor more certain, than that they have + generally tended only to make us contemptible. +</p> +<p> + That the excise was projected in his own head, that it was recommended + by him upon his own conviction, and pressed upon the legislature by his + influence, cannot be questioned; and if this were his only crime, if + this were the only scheme of oppression that ever he planned out, it is + such a declaration of war upon the publick liberty, such an attack of + our natural and constitutional rights, as was never, perhaps, pardoned + by any nation. +</p> +<p> + Nor is it less notorious, that the late infamous convention was + transacted by one of his own dependents, that he palliated or concealed + the losses of our merchants, that he opposed the declaration of war, and + has since obstructed its operations. +</p> +<p> + On this occasion, my lords, it may be useful to remark the apparent + partiality of this gentleman's vindicators, who declare, that measures + are not to be censured as imprudent, only because they are unsuccessful, + and yet when other instances of his conduct fall under our examination, + think it a sufficient defence to exclaim against the unreasonableness of + judging before the event. +</p> +<p> + To deny that, in the conduct both of civil and military affairs, he has + obtained, I know not by what means, an authority superiour to that of + any other man, an authority irresistible, uncontroulable, and regal, is + to oppose not only common fame, but daily experience. If as commissioner + of the treasury he has no more power than any of his associates, whence + is it, that to oppose or censure him, to doubt of his infallibility, to + suspect his integrity, or to obstruct his influence, is a crime punished + with no lighter penalty than forfeiture of employment, as appears, my + lords, from the late dismission of a gentleman, against whom nothing can + be alleged but an obstinate independence and open disregard of this + arbitrary minister. +</p> +<p> + But happy would it be, my lords, for this nation, if he endeavoured not + to extend his authority beyond the treasury or the court; if he would + content himself with tyrannising over those whose acceptance of salaries + and preferments has already subjected them to his command, without + attempting to influence elections, or to direct the members of the other + house. +</p> +<p> + How much the influence of the crown has operated upon all publick + councils since the advancement of this gentleman, how zealously it has + been supported, and how industriously extended, is unnecessary to + explain, since what is seen or felt by almost every man in the kingdom + cannot reasonably be supposed unknown to your lordships. +</p> +<p> + Nothing can be more contrary to the true notion of the British + constitution, than to imagine, that by such measures his majesty's real + interest is advanced. The true interest, my lords, of every monarch, is + to please the people, and the only way of pleasing Britons, is to + preserve their liberties, their reputation, and their commerce. Every + attempt to extend the power of the crown beyond the limits prescribed by + our laws, must in effect make it weaker, by diverting the only source of + its strength, the affection of his subjects. +</p> +<p> + It is, therefore, my opinion, my lords, that we ought to agree to this + motion, as a standing memorial not only of our regard for the nation, + but of our adherence to our sovereign; that his councils may be no + longer influenced by that man whose pernicious advice, and unjustifiable + conduct, has added new hopes and new strength to his enemies, + impoverished and exasperated his subjects, inflamed the discontent of + the seditious, and almost alienated the affection of the loyal. +</p> +<p> + The bishop of SALISBURY spoke next, to the following purport:—My lords, + after all the exaggerations of the errours, and all the representations + of the malconduct of the right honourable gentleman; after the most + affecting rhetorick, and the most acute inquiries, nothing has appeared + of weight sufficient to prevail with me to agree to the present motion; + a motion, if not of an unprecedented, yet of a very extraordinary kind, + which may extend in its consequences to futurity, and be, perhaps, more + dangerous to innocence than guilt. +</p> +<p> + I cannot yet discover any proof sufficient to convict him of having + usurped the authority of <i>first</i> minister, or any other power than that + accidental influence which every man has, whose address or services have + procured him the favour of his sovereign. +</p> +<p> + The usurpation, my lords, of regal power must be made evident by + somewhat more than general assertions, must appear from some publick act + like that of one of the prelates left regent of the kingdom by Richard + the first, who, as soon as the king was gone too far to return, in the + first elevations of his heart, began his new authority by imprisoning + his colleague. +</p> +<p> + To charge this gentleman with the dismission of any of his colleagues, + can, after the strongest aggravations, rise no higher than to an + accusation of having advised his majesty to dismiss him, and even that, + my lords, stands, at present, unsupported by evidence; nor could it, + however uncontestably proved, discover either wickedness or weakness, or + show any other authority than every man would exercise, if he were able + to attain it. +</p> +<p> + If he had discharged this gentleman by his own authority, if he had + transacted singly any great affair to the disadvantage of the publick, + if he had imposed either upon the king or the senate by false + representations, if he had set the laws at defiance, and openly trampled + on our constitution, and if by these practices he had exalted himself + above the reach of a legal prosecution, it had been worthy of the + dignity of this house, to have overleaped the common boundaries of + custom, to have neglected the standing rules of procedure, and to have + brought so contemptuous and powerful an offender to a level with the + rest of his fellow-subjects by expeditious and vigorous methods, to have + repressed his arrogance, broken his power, and overwhelmed him at once + by the resistless weight of an unanimous censure. +</p> +<p> + But, my lords, we have in the present case no provocations from crimes + either openly avowed, or evidently proved; and certainly no incitement + from necessity to exert the power of the house in any extraordinary + method of prosecution. We may punish whenever we can convict, and + convict whenever we can obtain evidence; let us not, therefore, condemn + any man unheard, nor punish any man uncondemned. +</p> +<p> + The duke of BEDFORD spoke next, in substance as follows:—My lords, it + is easy to charge the most blameless and gentle procedure with injustice + and severity, but it is not easy to support such an accusation without + confounding measures widely different, and disguising the nature of + things with fallacious misrepresentations. +</p> +<p> + Nothing is more evident than that neither condemnation nor punishment is + intended by the motion before us, which is only to remove from power a + man who has no other claim to it than the will of his master, and who, + as he had not been injured by never obtaining it, cannot justly complain + that it is taken from him. +</p> +<p> + The motion, my lords, is so far from inflicting punishment, that it + confers rewards, it leaves him in the possession of immense wealth, + however accumulated, and enables him to leave that office in security, + from which most of his predecessors have been precipitated by national + resentment, or senatorial prosecution. +</p> +<p> + There is no censure, my lords, made of his conduct, no charge of + weakness, or suspicion of dishonesty, nor can any thing be equitably + inferred from it, than that in the opinion of this house his majesty may + probably be served by some other person, more to the satisfaction of the + British nation. +</p> +<p> + Though it is not just to punish any man without examination, or to + censure his conduct merely because it has been unpleasing or + unsuccessful; though it is not reasonable that any man should forfeit + what he possesses in his own right, without a crime, yet it is just to + withdraw favours only to confer them on another more deserving; it is + just in any man to withhold his own, only to preserve his right, or + obviate an injurious prescription, and it is, therefore, just to advise + such a conduct whenever it appears necessary to those who have the right + of offering advice. +</p> +<p> + To advise his majesty, my lords, is not only our right but our duty; we + are not only justifiable in practising, but criminal in neglecting it. + That we should declare our apprehensions of any impending danger, and + our disapprobation of publick misconduct, is expected both by our + sovereign and the people, and let us not, by omitting such warnings, + lull the nation and our sovereign into a dangerous security, and, from + tenderness to one man, prolong or increase the miseries of our country, + and endanger or destroy the honour of our sovereign. +</p> +<p> + Lord HERVEY spoke next, in effect as follows:—My lords, this is surely + a day destined by the noble lords who defend the motion, for the support + of paradoxical assertions, for the exercise of their penetration, and + ostentation of their rhetorick; they have attempted to maintain the + certainty of common fame in opposition to daily observation; the + existence of a sole minister in contradiction to the strongest evidence; + and having by these gradations arrived at the highest degree of + controversial temerity, are endeavouring to make it appear that the + publick censure of the house of lords is no punishment. +</p> +<p> + If we take the liberty, my lords, of using known words in a new sense, + in a meaning reserved to ourselves only, it will, indeed, be difficult + to confute, as it will be impossible to understand us; but if punishment + be now to be understood as implying the same idea which has hitherto + been conveyed by it, it will not be easy to show that a man thus + publickly censured is not severely punished, and, if his crimes are not + clearly proved, punished in opposition to law, to reason, and to + justice. +</p> +<p> + It has been hitherto imagined, my lords, that no punishment is heavier + than that of infamy; and shame has, by generous minds, been avoided at + the hazard of every other misery. That such a censure as is proposed by + the motion, must irreparably destroy the reputation of the person + against whom it is directed, that it must confirm the reports of his + enemies, impair the esteem of his friends, mark him out to all Europe as + unworthy of his sovereign's favour, and represent him to latest + posterity as an enemy to his country, is indisputably certain. +</p> +<p> + These, my lords, are the evident consequences of the address moved for + by the noble lord; and, if such consequences are not penal, it will be + no longer in our power to enforce our laws by sanctions of terrour. +</p> +<p> + To condemn a man unheard, is an open and flagrant violation of the first + law of justice, but it is still a wider deviation from it to punish a + man unaccused; no crime has been charged upon this gentleman + proportioned to the penalty proposed by the motion, and the charge that + has been produced is destitute of proof. +</p> +<p> + Let us, therefore, my lords, reverence the great laws of reason and + justice, let us preserve our high character and prerogative of judges, + without descending to the low province of accusers and executioners; let + us so far regard our reputation, our liberty, and our posterity, as to + reject the motion. +</p> +<p> + [Several other lords spoke in this debate, which lasted eleven hours; at + length the question was put, and, on a division, carried in the + negative. Content, 59. Not content, 108.] +</p> +<p> + After the determination of the foregoing question, the duke of + MARLBOROUGH rose up, and spoke as follows:—My lords, though your + patience must undoubtedly be wearied by the unusual length of this day's + debate, a debate protracted, in my opinion, not by the difficulty of the + question, but by the obstinacy of prejudice, the ardour of passion, and + the desire of victory; yet, I doubt not but the regard which this + assembly has always paid to the safety and happiness of the state, will + incline you to support the fatigue of attention a little longer, and to + hear with your usual impartiality another motion. +</p> +<p> + The proposition which I am about to lay down, my lords, is not such as + can admit of controversy; it is such a standing principle as was always + acknowledged, even by those who have deviated from it. Such a known + truth as never was denied, though it appears sometimes to have been + forgotten. +</p> +<p> + But, my lords, as it never can be forgotten, without injury to + particular persons, and danger to the state in general, it cannot be too + frequently recollected, or too firmly established; it ought not only to + be tacitly admitted, but publickly declared, since no man's fortune, + liberty, or life, can be safe, where his judges shall think themselves + at liberty to act upon any other principle. I therefore move, "That any + attempt to inflict any kind of punishment on any person without allowing + him an opportunity to make his defence, or without any proof of any + crime or misdemeanour committed by him, is contrary to natural justice, + the fundamental laws of this realm, and the ancient established usage of + the senate, and is a high infringement of the liberties of the subject." +</p> +<p> + He was seconded by the duke of DEVONSHIRE:—My lords, though the motion + made by the noble duke is of such a kind, that no opposition can be + expected or feared, yet I rise up to second it, lest it should be + imagined that what cannot be rejected is yet unwillingly admitted. +</p> +<p> + That where this maxim is not allowed and adhered to, rights and + liberties are empty sounds, is uncontestably evident; if this principle + be forsaken, guilt and innocence are equally secure, all caution is + vain, and all testimony useless. Caprice will, in our courts, supply the + place of reason, and all evidence must give way to malice, or to favour. +</p> +<p> + I hope, therefore, my lords, that your regard to justice, to truth, and + to your own safety, will influence you to confirm this great and + self-evident principle by a standing resolution, that may not only + restrain oppression in the present age, but direct the judiciary + proceedings of our successors. +</p> +<p> + Lord LOVEL rose next, and spoke as follows:—My lords, liberty and + justice must always support each other, they can never long flourish + apart; every temporary expedient that can be contrived to preserve or + enlarge liberty by means arbitrary and oppressive, forms a precedent + which may, in time, be made use of to violate or destroy it. Liberty is + in effect suspended whenever injustice is practised; for what is + liberty, my lords, but the power of doing right without fear, without + control, and without danger. +</p> +<p> + But, my lords, if any man may be condemned unheard, if judgment may + precede evidence, what safety or what confidence can integrity afford? + It is in vain that any man means well, and acts prudently; it is even in + vain that he can prove the justice and prudence of his conduct. +</p> +<p> + By liberty, my lords, can never be meant the privilege of doing wrong + without being accountable, because liberty is always spoken of as + happiness, or one of the means to happiness, and happiness and virtue + cannot be separated. The great use of liberty must, therefore, be to + preserve justice from violation; justice, the great publick virtue, by + which a kind of equality is diffused over the whole society, by which + wealth is restrained from oppression, and inferiority preserved from + servitude. +</p> +<p> + Liberty, general liberty, must imply general justice; for wherever any + part of a state can be unjust with impunity, the rest are slaves. That + to condemn any man unheard is oppressive and unjust, is beyond + controversy demonstrable, and that no such power is claimed by your + lordships will, I hope, appear from your resolutions. +</p> +<p> + Lord GOWER spoke next:—My lords, to the principle laid down by those + noble lords, I have no objection, and concur with them in hoping that + all our proceedings will contribute to establish it; but why it should + be confirmed by a formal resolution, why the house should solemnly + declare their assent to a maxim which it would be madness to deny, it is + beyond my penetration to discover. +</p> +<p> + Though the noble lord's position cannot be controverted, yet his motion, + if it is designed to imply any censure of the proceedings of this day, + may reasonably be rejected, and that some censure is intended we may + conjecture, because no other reason can be given why it was not made at + some other time. +</p> +<p> + Lord HALIFAX then rose:—My lords, that a censure is intended, will, I + suppose, not be denied, and that such a censure is unjust must doubtless + be the opinion of all those who are supposed to have incurred it, and it + will, therefore, not be wondered that the motion is opposed by them, as + indecent and calumnious: late as it is, my lords, I will not, for my + part, suffer such an indignity without opposition, and shall think my + conscience and my honour require, that I should not be overborne by + perseverance or by numbers, but that I should, if I cannot convince the + noble lords by argument, of the impropriety of the motion, record my + reasons against it, which may, perhaps, be more candidly received by + posterity. +</p> +<p> + Lord TALBOT spoke to this effect:—My lords, it is not without + indignation that I hear a motion so injurious to my own honour, and to + that of the noble lords who have concurred with me in the last debate, + nor without contempt that I observed the motion confounded with the + positions contained in it; the low subtilty of such conduct is no less + to be despised than the malice to be abhorred. +</p> +<p> + Fifty-nine lords are here branded as strangers, or enemies to the first + principle of judicial equity, for doing what will entitle them to the + general applause of every man in the kingdom that has the full + possession of his understanding, or the free use of his senses; of every + man that can distinguish truth, or feel oppression. +</p> +<p> + They have endeavoured to rescue their country from the rapine of + pensioners and the tyranny of an army, from perpetual taxes, and useless + expenses; they have attempted to expose the errours of arrogant + ignorance, and to depress the power of greatness, founded on corruption, + and swelling beyond legal restraints. +</p> +<p> + That for such attempts they are vilified and reproached, is not to be + observed without indignation and astonishment; astonishment which + nothing could abate but the recollection of the situation of those lords + who have united to promote so unjust a censure. +</p> +<p> + Let us, my lords, consider the circumstances of the three noble lords by + whom this motion has been made and supported, let us take a view of + their conduct, and consider the visible motives to which it may be + ascribed, their places, their dependence— +</p> +<p> + Lord CHOLMONDELEY spoke next, in substance as follows:—My lords, I rise + thus abruptly to preserve that order and decency which is essential to + publick councils, and particularly suitable to the dignity of this + assembly, which can only become a scene of tumult and confusion by such + methods of debate, and lose that respect which it has hitherto + preserved, not only by the justice of its determinations, but by the + solemn grandeur of its procedure. +</p> +<p> + The motion, my lords, is allowed to contain nothing but what every man + avows in speculation, and observes, or ought to observe, in publick + transactions, and yet those that offer and support it are represented as + abettors of oppression, and instruments of tyranny. +</p> +<p> + It is surely wonderful, my lords, that those who are solicitous for the + preservation of their own honour, and so diligent to obviate the most + remote reflection that may glance upon it, should not remember, that the + same delicacy may raise in others the same resentment, when their + reputation is openly attacked; and that while they are asserting the + right of the minority to an exemption from censure, they shall not allow + the greater number at least an equal claim to the same privilege. +</p> +<p> + Lord TALBOT then resumed:—My lords, whether any thing has escaped from + me that deserves such severe animadversions, your lordships must decide. + For what I might intend to say, since by the interruption of that noble + lord I was hindered from proceeding, I hope I shall not be accountable. +</p> +<p> + Not that I acknowledge myself to have asserted any thing either contrary + to law, or to the privileges of the house, or inconsistent with the + character of an independent lord, a character which I shall always + endeavour to preserve, and which I will not forfeit for the smiles of a + court, the dignity of high employment, or the affluence of a pension. +</p> +<p> + Nor, my lords, whenever the necessities of my country require that I + should speak my sentiments with freedom, will I be awed into silence and + submission, but will set any power at defiance that shall dare to + restrain me. +</p> +<p> + I pretend not, my lords, to be always in the right, I claim no other + merit than that of meaning well; and when I am convinced, after proper + examination, that I am engaged on the side of truth, I will trample on + that insolence that shall command me to suppress my sentiments. +</p> +<p> + When I reflect, my lords, on the distresses of my country, when I + observe the security and arrogance of those whom I consider as the + authors of the publick miseries, I cannot always contain my resentment; + I may, perhaps, sometimes start out into unbecoming transports, and + speak in terms not very ceremonious of such abandoned, such detestable— + But as this is, perhaps, not the language of the house, I shall + endeavour to repress it, and hope that the bounds of decency have never + been so far transgressed by me that I should be exposed to the censure + of your lordships. +</p> +<p> + Lord ABINGDON next rose, and said:—My lords, the present motion is + undoubtedly just, but by no means necessary, or particularly adapted to + the present time. It contains a general principle, uncontested, and + established; a principle which this assembly has never denied, and from + which I know not that it has ever departed. +</p> +<p> + As there is, therefore, no particular necessity of confirming it by a + new resolution, and as the present time seems less proper than any + other, I cannot but declare my opinion, that to resume it at some other + time will be more prudent, than to give the lords, who think their + conduct censured, any occasion of resentment or discontent. +</p> +<p> + Lord CARTERET spoke to the following effect:—My lords, the maxim laid + down in the present motion, is in itself incontestable, and so far from + any inconsistency with the former, that as there was no reason for + making, there is, in my opinion, none for opposing it; as it may at any + time be made, it may at any time be properly passed. And I hope that our + unanimity on this occasion will show that truth, however unseasonably + advanced, will, in this house, be always received. +</p> +<p> + But, lest the noble lords who have opposed the motion, should think + their honour engaged in continuing the opposition, I take the liberty, + my lords, to move that the previous question may be put. +</p> +<p> + [Other lords spoke on each side; at last the previous question was put + by the president, who demanded, "Is it your lordships' pleasure, that + the question be now put? Those lords who are for it, say, Content: + those who are against it, say, Not content." There was, accordingly, a + cry of both; after which the president declared, "the contents have it;" + and some lords replying, "the non-contents have it," his lordship said, + "the non-contents must go below the bar:" which is the manner of + dividing the house. Those who remained being told in their seats, and + those who went out being told at coming in again, there were Content, + 81; Not content, 54: so that the resolution moved for, passed without a + division.] +</p> +<a name="2H_4_12"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF COMMONS, FEB. 24, 1740-1. +</h2> +<center> + [DEBATE ON CLEANSING THE CITY OF WESTMINSTER.] +</center> +<p> + Lord TYRCONNEL made a motion for bringing in a bill for the better + cleansing and paving the streets of Westminster, and the liberties + thereof; in support of which motion he spoke to the following purpose:— +</p> +<p> + Sir, though the grievance which I am about to lay before the house is + not of the most formidable or dangerous kind, yet as it is such as grows + every day greater, and such as every day endangers the lives of + thousands, I hope it will not be thought useless or improper to propose + it to the consideration of this assembly, to offer my thoughts on the + methods by which it may be most easily removed, and to endeavour to + incite others to the same considerations. +</p> +<p> + It is impossible, sir, to come to this assembly, or to return from it + without observations on the present condition of the streets of + Westminster; observations forced upon every man, however inattentive, or + however engrossed by reflections of a different kind. +</p> +<p> + The warmest zeal for publick happiness, the most anxious vigilance + against general dangers, must, I believe, sometimes give way to objects + of immediate, though of less importance, nor will the most + publick-spirited senators deny, that they have often been in the streets + alarmed with obstructions, or shocked with nuisances. +</p> +<p> + The filth, sir, of some parts of the town, and the inequality and + ruggedness of others, cannot but in the eyes of foreigners disgrace our + nation, and incline them to imagine us a people, not only without + delicacy, but without government, a herd of barbarians, or a colony of + hottentots. +</p> +<p> + The most disgusting part of the character given by travellers, of the + most savage nations, is their neglect of cleanliness, of which, perhaps, + no part of the world affords more proofs, than the streets of the + British capital; a city famous for wealth, and commerce, and plenty, and + for every other kind of civility and politeness, but which abounds with + such heaps of filth, as a savage would look on with amazement. +</p> +<p> + If that be allowed which is generally believed, that putrefaction and + stench are the causes of pestilential distempers, the removal of this + grievance may be pressed from motives of far greater weight than those + of delicacy and pleasure; and I might solicit the timely care of this + assembly for the preservation of inuumerable multitudes, and intreat + those, who are watching against slight misfortunes, to unite their + endeavours with mine, to avert the greatest and most dreadful of + calamities. +</p> +<p> + Not to dwell, sir, upon dangers, which may, perhaps, be thought only + imaginary, I hope that it will be at least considered, how much the + present neglect of the pavement is detrimental to every carriage, + whether of trade, or pleasure, or convenience, and that those who have + allowed so much of their attention to petitions, relating to the roads + of the kingdom, the repair of some of which is almost every session + thought of importance sufficient to produce debates in this house, will + not think the streets of the capital alone unworthy of their regard. +</p> +<p> + That the present neglect of cleansing and paving the streets is such as + ought not to be borne, that the passenger is every where either + surprised and endangered by unexpected chasms, or offended or obstructed + by mountains of filth, is well known to every one that has passed a + single day in this great city; and that this grievance is without remedy + is a sufficient proof that no magistrate has, at present power to remove + it; for every man's private regard to his own ease and safety, would + incite him to exert his authority on this occasion. +</p> +<p> + I humbly propose, therefore, that a bill may be brought into the house, + to enable his majesty's justices of peace for the liberties of + Westminster, to inspect the publick ways of this city, and punish the + neglect of cleansing and paving them; or that a new officer be + appointed, and vested with full authority for the same purpose. +</p> +<p> + Mr. SANDYS spoke next, to this effect:—Sir, I believe the grievance, so + much complained of by the right honourable member, is not difficult to + be removed without a new act of the legislature, being, perhaps, more + properly to be imputed to the negligence of the justices, than a defect + of their authority; for they have already sufficient power to regulate + this disorder: and I may be allowed to hope, sir, that they do not want + leisure to observe it, for their number is so great, that if we suppose + them to be wholly engaged by the common business of their office, a + foreigner would have occasion of reproaching us with defects more + important than want of delicacy, and might justly censure us as a people + corrupt beyond the common rate of human wickedness, a nation divided + only into two classes, magistrates and criminals. +</p> +<p> + But they, in reality, abound so much among us, that most of them are + only nominal magistrates, vested with authority which they never exert, + or exert to bad purposes, and which it were well if they were obliged to + employ in the real service of their country, by superintending the + paviers and the scavengers. +</p> +<p> + For this reason it is unnecessary to erect a new officer, as an + inspector of our streets, since every office that is not necessary is + pernicious. Were the consequences of this grievance such as they have + been represented, I should, perhaps, willingly erect a new office, + though I should not be surprised to hear the wisest man declare rather + for a pestilence than an increase of officers. +</p> +<p> + As I neither think the grievance insupportable, nor the methods proposed + for removing it necessary or proper, I declare myself against the + motion. +</p> +<p> + Lord GAGE spoke in the following manner:—Sir, as the grievance cannot + be denied to be real, and the motion, therefore, may reasonably be + imagined to have been made without any other intention than of + benefiting the publick by an useful law, I cannot discover any + sufficient reason for a rejection so peremptory and contemptuous. +</p> +<p> + That every man is disgusted, and almost every man daily endangered in + our streets, has not been denied; nor will any man, I suppose, question + what, if he has not yet experienced it, he may, perhaps, be fully + convinced of, in his next visit or excursion. +</p> +<p> + Those evils, which every man feels, though slight, are worthy of the + attention of the legislature; and that danger that threatens multitudes, + though distant, ought to be averted: for a small disorder, like a small + expense, when it extends to multitudes, becomes a national affair. +</p> +<p> + But though this motion may, perhaps, be liable to some objections, there + is, certainly, no such absurdity to be found in it, as may justify us in + rejecting it without examination; to reject a motion when it is first + offered, is a proof of prejudice, next to that of rejecting it unheard; + it is to determine a question, before it is discussed, or can be fully + understood. +</p> +<p> + Mr. SANDYS replied, in substance as follows:—Sir, I cannot but differ + very widely in opinion from the right honourable member that spoke last, + with regard to the propriety of opposing a motion when it is first made; + a practice, which I can by no means think inconsistent with either + decency or prudence, and which would, perhaps, be of use to the publick, + if it was more frequent. +</p> +<p> + When any motion is made, it is subjected to the consideration of this + assembly, and every member is at full liberty to examine and discuss it. + If it appears to deserve farther attention, it may be admitted, but if + the subject be either improper or unseasonable, or the measures proposed + injudicious or dangerous, it is then to be rejected; and if it is at + last to be rejected, it is apparent that no time ought to be thrown away + upon it. +</p> +<p> + The hours, and days, and weeks, that have been improfitably spent upon + bills which after all our endeavours could not be passed; the delays of + real benefits to the publick, which have been produced by long pursuits + of shadowy advantages, have inclined me to a more expeditious method of + proceeding, and determined me speedily to reject what I cannot hope to + amend. +</p> +<p> + [The question being put, passed in the negative, 142 against 109.] +</p> +<a name="2H_4_13"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF COMMONS, FEB. 27, 1740-1. +</h2> +<center> + DEBATE ON THE SECOND READING OF A BILL TO PREVENT <br>INCONVENIENCIES + ARISING FROM INSURANCE OF SHIPS. +</center> +<p> + The bill being read, sir John BARNARD spoke thus:—Sir, there cannot be + brought before this house any questions more difficult in themselves, + more entangled with a multiplicity of relations, or more perplexed with + an endless diversity of circumstances, than those which relate to + commercial affairs; affairs on which the most experienced often + disagree, and on which the most sagacious may deceive themselves with + erroneous conjectures. +</p> +<p> + There are no questions, sir, which require so much personal knowledge of + the subject to which they relate, nor is there any subject with which so + few gentlemen in this house have had opportunities of being acquainted. + There are no questions, sir, which their variety of relations to + different persons exposes to be so easily misrepresented without + detection, nor any in which the opposition of particular interests so + much incites a false representation. In all these cases, deceit is easy, + and there is a strong temptation to deceive. +</p> +<p> + Nor are these questions, sir, always perplexed by intentional fraud, or + false assertions, of which they that utter them are themselves + conscious. +</p> +<p> + Those who deceive us, do not always suppress any truth of which they are + convinced, nor set facts before us in any other light, than that in + which themselves behold them; they for the most part err with an honest + intention, and propagate no mistakes but those which they have + themselves admitted. +</p> +<p> + Of this kind, sir, are, doubtless, the measures proposed in the bill + before us, which those by whom they are promoted may easily think to be + of benefit to the publick, but which, I believe, will appear the result + of imperfect views, and partial consideration. +</p> +<p> + The great and fundamental errour, sir, of the patrons of this bill, + seems to be an opinion that the practice of insuring is not known to + other nations, nor can be carried on in any other place; and from this + principle they deduce consequences, which, if they were inevitably + certain, might easily influence us to an immediate approbation of the + bill, as necessary to secure our commerce, and distress our enemies. +</p> +<p> + They conclude, sir, with sufficient justness, that very few merchants + would hazard their fortunes in long voyages or distant commerce, or + expose themselves to the dangers of war, without the security which + insurances afford them; and having persuaded themselves that such + security is to be obtained from no other nation, they imagine that we + might, by prohibiting it, confine all the foreign vessels in their + ports, and destroy, by one resolution, the trade of both our rivals and + our enemies. +</p> +<p> + That our East India company may desire the ratification of this bill, I + cannot deny, because they might, perhaps, receive from it some temporary + advantage by the short inconveniencies which those whom they consider as + the enemies of their commerce would feel from it. They may desire it, + because the experiment, if it fails, as it must, cannot injure them; and + if it succeeds, may produce great advantages to them: they may wish it, + because they will feel the immediate benefit, and the detriment will + fall upon others. +</p> +<p> + I shall not inquire whether our merchants are inclined to look with + malevolence on all those who cultivate the same branches of commerce + with themselves, though they have neither the violation of natural + rights, nor the infringement of national treaties, to complain of. I + should be unwilling to suspect a British merchant, whose acquaintance + with the constitution of his own country ought to show him the value of + liberty, who ought to be above narrow schemes, by the knowledge which + his profession enables him to gain, of a desire to encroach upon the + rights of others, or to engross the general benefits of nature; and + shall only observe, that several other nations can plead a claim to the + East India trade, a claim of equal validity with our own; that the Danes + have their settlement there, and that the Portuguese discovered the way + to those regions of wealth, from which some, perhaps, are inclined to + exclude them. +</p> +<p> + But nothing is more vain than to attempt to exclude them by refusing to + ensure their ships, because the opinion that they can be insured by no + other nation is entirely without foundation. There are at this time + offices of insurance along the whole coasts of the midland sea, among + the Dutch, and even among the French. Nothing can debar any nation from + the trade of insurance but the want of money; and that money is not + wanted by foreigners for this purpose, appears from the great sums which + they have deposited in our funds. +</p> +<p> + That this trade is now carried on chiefly by this nation, though not + solely, is incontestable; but what can be inferred from that, but that + we ought not to obstruct our own gain; that we ought not to make a law + to deprive ourselves of that advantage of which either favourable + accidents or our own sagacity have put us in possession. +</p> +<p> + For this reason it appears that it would not contribute to the wealth of + the publick to debar us from insuring the ships even of those with whom + we are at war, for it is always to be remembered that they will receive + no detriment from such prohibitions, nor will feel any other consequence + from them than a necessity of transferring to some other nation the + profit which we receive from it. +</p> +<p> + What the profit is which arises to the nation from the trade of + insurance it is not possible exactly to determine, but that the trade is + really advantageous may be reasonably conceived, because after many + years' experience it is diligently followed, and a law was never + necessary to prohibit the pursuit of a business by which nothing was to + be gained. But could the gain of the insurer be a doubtful point, there + is a certain advantage to the nation by the money paid for commission, + brokerage, stamps, and the credit of the premium deposited here. +</p> +<p> + I might add, sir, another considerable sum yearly arising to the + government from the additional letters, occasioned by this trade, which + increase the revenues of the post-office, without any deduction for + additional charge. +</p> +<p> + That the loss of this profit, and the gain of insuring, will ensue upon + the ratification of this bill, cannot be denied; nor does it appear, + that this loss will be counterbalanced by any advantage that will be + gained over our rivals or our enemies. +</p> +<p> + Whether this bill, sir, would produce to the merchants of that city by + which it is promoted, the advantages which they expect from it, or + remove any of the grievances of which they complain, I am not able + positively to determine; but know, that it is not uncommon for + merchants, as well as other men, to confound private with publick + grievances, and to imagine their own interest the interest of the + nation. +</p> +<p> + With regard, sir, to the practice of insuring, <i>interest or no + interest</i>, as the term is, when an imaginary value is put upon the ship + or cargo, often much above its real worth, it cannot be denied, that + some opportunities may be given by it for wicked practices. But there + will always be circumstances in which there can be no security against + frauds, but common faith; nor do I see how we can secure the insurers + against the possibility of being defrauded. +</p> +<p> + I cannot, indeed, discover, sir, how this method of insuring can be + prevented; for how can the value of a cargo be estimated, which is to be + collected in a long voyage, at different ports, and where the success of + the adventurers often depends upon lucky accidents, which are, indeed, + always hoped for, but seldom happen. An imaginary value must, therefore, + be fixed upon, when the ship leaves the port; because the success of + that voyage cannot be foreknown, and the contracting parties may be + safely trusted to set that value, without any law to direct or restrain + them. +</p> +<p> + If the merchants are oppressed by any peculiar inconveniencies, and can + find means of redressing them without injuring the publick commerce, any + proposal for that purpose ought to be favourably received; but as the + bill now before us proposes general restraints, and proposes to remove + grievances which are not felt, by remedies, which those upon whom they + are to operate, do not approve, I think it ought not to be referred to a + committee, but rejected. +</p> +<p> + Mr. SOUTHWELL spoke next, in terms to this purpose:—Sir, when I first + proposed this bill to the house, I lamented the absence of that + honourable gentleman, from whose discussions and arguments I expected + great information; and for whose judgment, in all commercial questions, + I have the highest esteem, as his penetration not only enables him to + discover the consequences of methods which have not yet been tried, but + as his extensive acquaintance with many branches of trade, cannot but + have informed him of the success of many expedients tried, as well in + other nations as our own, for the advancement of it. +</p> +<p> + Trade, sir, is a subject, of which it has been justly observed, that + very few gentlemen have attained knowledge sufficient to qualify + themselves to judge of the propriety of any new regulation; and I cannot + but confess, that I have no uncommon skill in these questions. What I + have to offer on this occasion, has been suggested to me, not so much by + my own observations, as by the intelligence which I have very + industriously sought, and by which, as I endeavoured to inquire of those + whose opinion was least likely to be perverted by their interest, I hope + I have not been misled. +</p> +<p> + The merchants, sir, to whom it has been my fortune to apply, have + generally concurred in the opinion that the present practice of insuring + is prejudicial to our commerce, nor have I found any disagreement + between my constituents and the traders of this great metropolis. +</p> +<p> + I am unwilling to imagine that there can be any evil for which the + wisdom of this assembly cannot discover a remedy, and am, therefore, of + opinion, that if the grievance is real, some expedient may be discovered + for removing it; and that it is real, I cannot but be convinced by the + declarations of so many men, who can have no interest in complaining + when they suffer nothing, and whose known abilities exempt them from the + suspicion of imputing any part of their uneasiness to a cause which + cannot produce it. +</p> +<p> + The bill before us, sir, requires, in my opinion, some amendments, and + in its present state might, perhaps, produce more detriment than + advantage; but since it is necessary at least to attempt something for + the relief of men so useful to this nation, it appears to me necessary + to form a committee, and to deliberate on this subject with more + attention. +</p> +<p> + Mr. LOCKWOOD spoke next, to the following effect:—Sir, though I am not + of opinion that the bill in its present state ought to be passed into a + law, yet I am far from thinking it so imperfect as not easily to be + amended, and, therefore, am desirous that it should be considered in a + committee. +</p> +<p> + I have not, indeed, sir, often observed, that bills injudiciously drawn + up at first have received great improvements from a second + consideration, and have found it more easy to form a new bill, than to + make alterations in one that is laid before us; for some original errour + will commonly remain, and the sentiments of different men, pursuing + different views, can seldom be modelled into one consistent scheme. But + I am far from considering this bill as one of those that cannot be + amended, for I can discover but few objections to the regulations + proposed in it, and those not relating to any of the essential parts, + but slight and circumstantial, such as will easily be removed, or, + perhaps, answered. +</p> +<p> + The grievance, sir, for which this bill proposes a remedy, is so + generally known, and so universally lamented, that, I believe, there is + not any thing more worthy of the attention of the legislature than an + inquiry into the cause of it, and the proper method of redressing it. +</p> +<p> + In our inquiry into the causes of this obstruction of trade, I am of + opinion, sir, that the practice of insuring, <i>interest or no interest</i>, + will appear to be the foundation of this general uneasiness; it will be + found a practice of so natural a tendency to fraud, and so easily + susceptible of dishonest artifices, that I believe every member of this + house will desire its suppression. +</p> +<p> + To confirm my assertion, sir, and illustrate the question before us, I + shall mention some particular instances of fraud to which this custom + has given occasion; of fraud so evident and so detestable that it cannot + be related without indignation. +</p> +<p> + The Royal George was a large ship belonging to the South sea company, + which, having been a voyage to Vera Cruz, put in at Jamaica in her + return; and being there refitted to proceed on her voyage homewards, set + sail, and came within a week's sailing of the port, when, upon a sudden, + the officers entered into a consultation, and determined to go back a + month's voyage to Antigua; for what reason, sir, may easily be guessed, + when it was told that a ship was insured upon a supposed value of sixty + thousand pounds. +</p> +<p> + This resolution, sir, was no sooner formed, than orders were given to + change the course and steer to Antigua, in opposition to all the + remonstrances of the carpenter, who is the proper judge of the condition + of a vessel, and who declared, with honesty and resolution, against + their whole procedure. But they pursued their new scheme without any + regard to his murmurs or assertions; and when they arrived at Antigua, + found some method of influencing the officers of that island to declare + the ship unfit for the prosecution of the voyage. +</p> +<p> + Their design, sir, was now happily completed. To confirm the + determination which had been pronounced in their favour, they stranded + the ship upon a bank of sand, forced out the iron that grapples the + timber together, and having first taken away the masts and rigging, and + whatever else could be used or sold, threw the ballast to each end, and + so broke the vessel in the middle. +</p> +<p> + By this well-contrived shipwreck, having, as they imagined, raised their + fortunes, they came home triumphantly from their prosperous voyage, and + claimed the money for which the ship was insured. The insurers, startled + at a demand so unexpected, inquired into the affair with all the + industry which its importance might naturally incite, and, after some + consultation, determined to try whether the ship might not be refitted + and brought to Britain. +</p> +<p> + In pursuance of this resolution, they sent workmen and materials, and, + without much expense, or any difficulty, brought it hither. +</p> +<p> + I believe, sir, this relation is sufficient at once to prove the + practice, and explain the nature of the frauds to which this method of + insurance gives occasion; but as the frequency of them is such, that + many instances may be produced, I shall offer another short narrative of + the same kind. +</p> +<p> + A ship that belonged to the East India company, insured after this + method, was run ashore by the captain, in such a manner that he imagined + none but himself able to recover it, and therefore, though it cost five + thousand pounds, sold it for five hundred; but the purchaser, no less + expert than the captain, found means very speedily to disengage it, to + restore it to a proper condition with little expense, and was much + enriched by his fortunate bargain. +</p> +<p> + I cannot but observe, sir, that this kind of fraud is more formidable, + as it may be practised without a possibility of detection: had the + captain, instead of stranding, destroyed his vessel, how could his + wickedness ever have been discovered; or how could the South sea + company's ship have been brought home, had it been sunk in some distant + corner of the world. +</p> +<p> + This practice, sir, and the frauds which it has occasioned, and the + suspicions which the easy practice of frauds always creates, have + produced so many trials, and filled the courts of justice with such + intricate contentions, that the judges, who know, perhaps, nothing of + this practice but from its effects, have often declared it to be so + pregnant with contests and cheats, that it ought not to be suffered, and + that a law for suppressing it would much contribute to the establishment + of peace, and the security of property. +</p> +<p> + I am not insensible, sir, of the force of the argument made use of by + the honourable gentleman who spoke in favour of this practice, and + cannot but allow it that regard which his reasonings always deserve; it + is the strongest, and perhaps the only argument that can be produced. + His assertion of the impossibility of estimating the real value of a + ship, or of foreknowing the success of a voyage, is incontestable: but + perhaps it will follow from thence, not that an imaginary value ought to + be admitted, but that no insurance ought to be allowed, where there is + no rational method of ascertaining it; or, at least, that all such + insurance ought to be rather below the probable value than above it. +</p> +<p> + If the grievance complained of has been proved not to be imaginary, we + ought, doubtless, to consult how it may be remedied; nor do I believe + that our consultations will be ineffectual, if we engage in them, not + with an intention to perplex, but to inform each other. I am of opinion, + sir, that the importance of the question requires a committee; nor can I + discover any essential defect in the bill, which should hinder it from + passing into a law. +</p> +<p> + Mr. BURRELL spoke to this effect:—Sir, I am convinced by experience, as + well as reason, that so many inconveniencies arise from this method of + insurance, that it affords so many opportunities of fraud, and gives + such encouragement to negligence, that I shall willingly concur in any + measures that may effectually suppress it. +</p> +<p> + It is, sir, too well known to require proof, that interest is the parent + of diligence, and that men attend to the performance of their duty, in + proportion as they must suffer by the neglect of it; and, therefore, + every practice that deprives honesty of its reward is injurious to the + publick. +</p> +<p> + But that this is the consequence of estimating ships at an imaginary + value in the offices of insurance, is, to the highest degree, evident. + When a ship is estimated above its real value, how will the commander + suffer by a wreck, or what shall restrain him from destroying his + vessel, when it may be done with security to himself, except that + integrity, which, indeed, ought to be generally diffused, but which is + not always to be found, and to which few men think it safe to trust upon + occasions of far less importance. +</p> +<p> + To show, sir, that I do not indulge groundless suspicions, or magnify + the bare possibility of fraud into reality; that I do not blacken human + nature, or propose laws against wickedness that has not yet existed; it + may be proper to mention some letters, in which I have been informed, by + my correspondent at Leghorn, of the state of the ships which have + arrived there; ships so weakly manned, and so penuriously or negligently + stored, so much decayed in the bottoms, and so ill fitted with rigging, + that he declares his astonishment at their arrival. +</p> +<p> + It may deserve our consideration, sir, whether the success of the + Spanish privateers may not be, in great part, attributed to this + pernicious practice; whether captains, when their vessels are insured + for more than their value, do not rashly venture into known danger? + whether they do not wilfully miss the security of convoys? whether they + do not direct their courses where privateers may most securely cruise? + whether they do not surrender with less resistance than interest would + excite? and whether they do not raise clamours against the government + for their ill success, to avoid the suspicion of negligence or fraud? +</p> +<p> + That other frauds are committed in the practice of insuring, is well + known to the honourable gentleman: it is a common practice to take money + upon bottomry, by way of pledge, for the captain's fidelity, and to + destroy this security by insuring above the real value; so that the + captain may gain by neglecting the care of his vessel, or, at least, + secure himself from loss, and indulge his ease or his pleasure without + any interruption from the fear of diminishing his fortune. +</p> +<p> + The whole practice of insurance, sir, is, in its present state, I + believe, so perplexed with frauds, and of such manifest tendency to the + obstruction of commerce, that it absolutely requires some legal + regulations. +</p> +<p> + Sir John BARNARD then spoke to this purpose:—Of frauds in the practice + of insurance, with regard to which the honourable gentleman has appealed + to me, I can confidently affirm that I am totally ignorant: I know not + of any fraudulent practices openly carried on, or established by custom, + which I suppose are meant: for with regard to single acts of fraud, + committed by particular men, it is not to be supposed but that they have + been detected in this, as in all other branches of traffick: nor can I + conceive that any argument can be drawn from them against the practice; + for if every part of commerce is to be prohibited, which has furnished + villains with opportunities of deceit, we shall contract trade into a + narrow compass. +</p> +<p> + With regard, sir, to the instance of the Royal George, though the + proceedings of the officers are not wholly to be vindicated, yet part of + their conduct is less inexplicable than it has been represented. Their + return to Antigua, when they were bound for Britain, and were within a + week's sailing of their port, is easily to be defended, if the wind was + contrary to their intended course; for it is not difficult to conceive + that they might reach a distant port, with a favourable wind, much + sooner than one much nearer, with the wind against them. +</p> +<p> + I have always observed, sir, that the gentlemen engaged in the trade to + the East Indies, assume an air of superiority, to which I know not what + claim they can produce, and seem to imagine, that their charter gives + them more extensive knowledge, and more acute sagacity, than falls to + the lot of men not combined in their association. +</p> +<p> + But however these gentlemen may disapprove my arguments, and however + they may misrepresent them, I shall be satisfied, that they will have, + with the disinterested and impartial, their just weight, and that this + affair will not be hastily determined upon an imperfect examination. +</p> +<p> + Sir Robert WALPOLE replied to this effect:—Whether the merchants are + satisfied with the present methods of insuring, or what is the opinion + of any separate body of men, I think it absolutely unnecessary to + inquire. We are constituted for the publick advantage, and are engaged + by our senatorial character to consider, not the private interest of + particular men, but the general advantage of our country. +</p> +<p> + In our pursuit, sir, of national interest, we shall be obliged + frequently to oppose the schemes which private men or separate + fraternities, have formed for their own advantage, and which they may be + expected to defend with all their art; both because every man is + unwilling to imagine that the publick interest and his own are opposite, + and because it is to be feared, that many may consider the publick only + in subordination to themselves, and be very little solicitous about the + general prosperity of their country, provided none of the calamities + which afflict it extend their influence to themselves. +</p> +<p> + We are in the discussion of this question, sir, to consider that we are + engaged in a war against a nation from which insults, depredations, + oppressions, and cruelties, have been long complained of, and against + which we are, therefore, to act with a resolution proportioned to the + injuries which we have suffered, and to our desire of vengeance. We are + to practice every method of distressing them, and to promote the success + of our arms even at the expense of present gain, and the interest of + private men. +</p> +<p> + It is well known, sir, to all who have either heard or read of the + Spaniards, that they live in carelessness and indolence, neglect all the + natural advantages of their own country, despise the gain of foreign + commerce, and depend wholly on their American settlements, for all the + conveniences, and, perhaps, for most of the necessaries of life. +</p> +<p> + This is the particular circumstance that makes a war with Britain so + much to be dreaded by them. A nation superiour to them by sea holds them + besieged, like a garrison surrounded by an army, precludes them from + supplies, intercepts their succours, and if it cannot force their walls + by attack, can, at least, by a blockade, starve them to a capitulation. +</p> +<p> + Thus, sir, by a naval war with an enemy of superiour strength, they must + at length be subdued, and subdued, perhaps, without a battle, and + without the possibility of resistance; against such an enemy their + courage or their discipline is of no use; they may form armies, indeed, + but which can only stand upon the shore, to defend what their enemies + have no intention of invading, and see those ships seized in which their + pay is treasured, or their provisions are stored. +</p> +<p> + Such, sir, is our natural superiority over the Spaniards, a species of + superiority that must inevitably prevail, if it be not defeated by our + own folly; and surely a more effectual method of defeating it, the + Spaniards themselves could not have discovered, than that of insuring, + their ships among our merchants. +</p> +<p> + When a ship thus insured is taken, which, notwithstanding all + precautions, must sometimes happen, we examine the cargo, find it + extremely valuable, and triumph in our success; we not only count the + gain to ourselves, but the loss to our enemies, and determine that a + small number of such captures will reduce them to offer us peace upon + our own terms. +</p> +<p> + Such are the conclusions which are made, and made with reason, by men + unacquainted with the secret practices of our merchants, and who do not + suspect us to be stupid enough to secure our enemies against ourselves; + but it is often found, upon a more close examination, that our ships of + war have only plundered our merchants, and that our privateers may, + indeed, have enriched themselves, but impoverished their country. It is + discovered that the loss of the Spaniards is to be repaid, and, perhaps, + sometimes with interest, by the British insurers. +</p> +<p> + If it be urged, that we ought not to enact any laws which may obstruct + the gain of our fellow-subjects, may it not be asked, why all trade with + Spain is prohibited; may not the trade be equally gainful with the + insurance, and may not the gain be more generally distributed, and, + therefore, be more properly national? +</p> +<p> + But this trade was prohibited, because it was more necessary to our + enemies than to ourselves; it was prohibited, because the laws of war + require, that a less evil should be suffered to inflict a greater; it is + upon this principle that every battle is fought, and that we fire our + own ships to consume the navies of the enemy. +</p> +<p> + For this reason, sir, it appears to me evident beyond contradiction, + that the insurance of Spanish ships ought to be prohibited: we shall, + indeed, lose the profit of the insurance, but we shall be reimbursed by + the captures, which is an argument that cannot be produced for the + prohibition of commerce. +</p> +<p> + It is urged, sir, that they may insure their ships in other countries; + an assertion, of which, whether it be true or not, I am not able to + decide; but it is acknowledged, that the necessity of establishing new + correspondence will be at least a temporary obstruction of their trade, + and an obstruction of even a short continuance may lay them at our + mercy. +</p> +<p> + But let us, sir, reflect upon the weakness of this argument,—<i>they + must be allowed to insure here, because they may insure in other + places;</i> will it not be equally just to urge, that <i>they must trade with + us, because they may trade with other nations?</i> And may it not be + answered, that though we cannot wholly suspend their commerce, it is yet + our business to obstruct it as far as we are able? +</p> +<p> + May it-not, sir, be farther affirmed, that by insuring in other nations, + they may injure their allies by falling into our hands, but do not the + less benefit us? that if they do not grow weaker, we at least are + strengthened; but that by insuring among us, whatever steps are taken, + the equilibrium of the war is preserved always the same? +</p> +<p> + It is asserted, and I suppose with truth, that we insure at a lower rate + than others, and it will, therefore, follow, that the Spaniards, + whenever their ships shall escape us, will suffer more by having-insured + amongst foreigners, than if they had contracted with our merchants. +</p> +<p> + Thus it appears, sir, that there are stronger reasons for prohibiting + the insurance of Spanish ships, than for putting a stop to our commerce + with them; and that whether their ships are taken by us, or escape us, + it is the general interest of the nation, that they shall be insured by + foreign merchants. +</p> +<p> + With respect, sir, to the East India company, I have no regard to their + interest, considered as distinct from that of the rest of the nation; + nor have received any solicitations from them to promote this bill, or + to espouse their interest; but cannot, without concealing my real + sentiments, deny, that as they have the grant of an exclusive trade to + the East Indies, to insure the ships that are sent thither without their + permission, is to invade their rights, and to infringe their charter; + and that the practice, if the validity of their charter be admitted, is + illegal, and ought to be discountenanced. +</p> +<p> + The practice, sir, of insuring, <i>interest or no interest</i>, or of + assigning to ships an imaginary value, is nothing more than a particular + game, a mere solemn species of <i>hazard</i>, and ought, therefore, to be + prohibited, for every reason that can be urged against games of chance. +</p> +<p> + With regard to this bill in general, it is, in my opinion, highly + necessary, nor can I discover any important objection that can be made + against it. Some law of this kind, and to this purpose, I have long + intended to offer to the consideration of this assembly, and since it is + now before us, I think we ought to consider it with the attention which + may be justly expected from us. +</p> +<p> + Lord BALTIMORE spoke thus:—Sir, I know not how properly the practice of + insuring may be termed a species of hazard, nor do I think any thing + more is to be considered, than whether the game be gainful to the + nation, or not, for I cannot discover that there is any absurdity in + enriching ourselves at the expense of other nations, whether enemies or + allies. That we ought to prefer the general good to the advantage of + individuals, is undoubted, but I cannot conceive that in this case there + can be any opposition between private and publick interest. If our + insurers gain by securing the ships of our enemies, the nation is + benefited, for all national gain must circulate through the hands of + individuals. +</p> +<p> + No man will assert that we ought to assist our enemies, nor will any man + imagine that we assist them by impoverishing them, and if our insurers + gain by their practice, the Spaniards must undoubtedly be losers. +</p> +<p> + Mr. WILLIMOT spoke next, to the following purpose:—Sir, I have + conversed on the question to which this bill relates, with men engaged + in various kinds of traffick, and who have no common interest but that + of their country. I have dispersed among the merchants, most eminent for + their acquaintance with the whole extent of commerce, and for their + knowledge of the true interest of the nation, copies of this bill, and + cannot find any of them so sensible of the grievance of which we have so + loud complaints, as to desire that it should be redressed by the + measures now proposed. +</p> +<p> + That frauds are practised on every side, in this, as well as in other + trades, the general corruption of our age gives us sufficient reason to + suspect; but what is common to every sort of traffick, cannot be + produced as an argument for the prohibition of any. +</p> +<p> + That the practice of insuring an imaginary value may give opportunity + for greater frauds than can be practised in common dealings, is likewise + evident, but I cannot discover such frauds to require the interposition + of the legislature. +</p> +<p> + If they are practised only by those of our own nation, the publick does + not suffer; for property is only transferred from one subject to + another: the fraud ought, indeed, to be severely punished in the courts + of criminal justice, but the custom which gave the opportunity of + practising it, ought not to be restrained, any more than any other + profession not criminal in itself, but liable to accidental abuses. +</p> +<p> + If our insurers are defrauded by foreigners, the nation is then, indeed, + more nearly affected, but even in that case, it is to be remembered, + that the private interest of the insurers, who must be immediately + ruined, is a sufficient security for the publick. For it cannot, sir, be + conceived that any man will obstinately carry on a business, by which he + becomes every day poorer, or, that when he desists he will be succeeded + by another, who cannot but know that he engages in that traffick to his + certain ruin. +</p> +<p> + The true state of this affair is, that frauds are, indeed, often + committed, and are for that reason always suspected, and that the + insurers, when they insure the ship and cargo against accidents, reckon, + among other chances, the probability of being cheated, and proportion + their demands, not only to the length and danger of the voyage, but to + the character, likewise, of the man with whom they contract. +</p> +<p> + This, sir, is always the practice of those whom experience has made + acquainted with the danger of implicit confidence and unsuspecting + credulity, nor do any but the young and unskilful suffer themselves to + be so exposed to frauds, as that their fortunes should be injured, or + the general gain of their business overbalanced, by a few deceits. +</p> +<p> + Thus it appears, that notwithstanding the ease and safety with which the + present methods of insurance admit fraud to be practised, the insurers, + by a proportionate degree of caution, secure themselves from being + injured, and, by consequence, the nation. +</p> +<p> + The insurance of foreign ships is now to be considered, by which great + profit arises to the nation. We insure, sir, as it has been observed, at + lower rates than other nations, because we have more business of this + kind, and the smallness of our profit is compensated by the frequency; + the cheapness of insurances, and eagerness of foreigners to insure here, + reciprocally contribute to each other; we are often applied to, because + we insure at an easy rate, and we can insure at an easy rate, because we + are often applied to. +</p> +<p> + Nor is the cheapness of British insurance the only motive to the + preference which it preserves among foreigners, who are induced to apply + to this nation, by the reputation which our merchants have deservedly + gained for probity and punctuality superiour to that of any other + traders. Our merchants, sir, bargain without artifice, pay without + subterfuges, and are ready on all occasions to preserve their character + at the hazard of their profit. +</p> +<p> + From these two considerations we may draw unanswerable arguments against + any restraints upon the practice of insuring: if foreigners are once + disappointed in their applications to us, our business will in a great + part cease, and as we shall not then be able to insure at lower rates + than other nations, we shall never recover that branch of our trade. And + as the character of the British merchants exempts them from any + suspicion of practices pernicious to the publick, why should they be + restrained? Why, sir, should they appear to be suspected by the + legislature of their own country, whom foreigners trust without + hesitation. +</p> +<p> + It has been objected to them with great warmth, and urged with much + rhetorical exaggeration, that they assist the enemies of their country, + that they prolong the war, and defeat those advantages which our + situation and commerce have given us; imputations sufficiently + atrocious, if they were founded upon truth. +</p> +<p> + But let us, sir, examine the arguments by which this accusation has been + supported, and inquire whether this triumph of eloquence has been + occasioned by any real superiority of evidence or reason; it is urged, + that we have already prohibited commerce with the Spaniards, and that, + therefore, we ought, likewise, to prohibit the insurance of their ships. +</p> +<p> + It will not require, sir, an imagination very fertile, or a knowledge + very extensive, to supply arguments sufficient to refute the supposed + demonstration; in opposition to which it may be urged, that this kind of + commerce is of a peculiar nature, that it subsists upon opinion, and is + preserved by the reputation of our insurers; a reputation that the + insurers of other nations may obtain by the same means, and from whom we + shall, therefore, never recover it. +</p> +<p> + It may be observed, sir, that other commodities are the peculiar product + of different countries, and that there is no danger of losing our other + trade by suspending it, because it depends upon the excellence of our + manufactures; but that insurance may be the commodity of any country, + where money and common honesty are to be found. +</p> +<p> + This argument may, perhaps, be yet more effectually invalidated, or, + perhaps, entirely subverted, by denying the expedience of that + prohibition which is produced as a precedent for another restraint. Nor, + indeed, does it appear why we should preclude ourselves from a gainful + trade, because the money is drawn by it out of the hands of our enemies; + or why the product of our lands should lie unconsumed, or our + manufactures stand unemployed, rather than we should sell to our enemies + what they will purchase at another place, or by the intervention of a + neutral power. +</p> +<p> + To sell to an enemy that which may enable him to injure us, that which + he must necessarily obtain, and which he could buy from no other, would, + indeed, be to the last degree, absurd; but that may surely be sold them + without any breach of morality or policy, which they can want with less + inconvenience than we can keep. If we were besieging a town, I should + not advise our soldiers to sell to the inhabitants ammunition or + provisions, but cannot discover the folly of admitting them to purchase + ornaments for their houses, or brocades for their ladies. +</p> +<p> + But, without examining with the utmost accuracy, whether the late + prohibition was rational or not, I have, I hope, suggested objections + sufficient to make the question doubtful, and to incline us to try the + success of one experiment, before we venture upon another more + hazardous. +</p> +<p> + I am never willing, sir, to load trade with restraints; trade is, in its + own nature, so fugitive and variable, that no constant course can be + prescribed to it; and those regulations which were proper when they were + made, may, in a few months, become difficulties and obstructions. We + well know, that many of the measures which our ancestors pursued for the + encouragement of commerce, have been found of pernicious consequence; + and even in this age, which, perhaps, experience, more than wisdom, has + enlightened, I have known few attempts of that kind which have not + defeated the end for which they were made. +</p> +<p> + It is more prudent to leave the merchants at liberty to pursue those + measures which experience shall dictate upon every occasion, and suffer + them to snatch the present opportunity of honest gain, whenever it shall + happen; they will never injure their own interest by the use of this + liberty, and by preserving themselves, they will preserve the nation + from detriment; nor will they need to be restrained by a law proposed + without their solicitation, and of which they cannot discover any + beneficial consequences. +</p> +<p> + Mr. Horace WALPOLE spoke next, to this purpose:—Sir, for the bill now + before us I have no particular fondness, nor desire that it should be + promoted by any other means than rational arguments, and the + representation of indubitable facts. +</p> +<p> + I have no regard, sir, in this inquiry, to any private interest, or any + other desire than that of securing the interest of my country, which, in + my opinion, evidently requires that we should give no assistance to our + enemies, that our merchants should cooperate with our navies, and that + we should endeavour to withhold every thing that may make the war less + burdensome to them, and, consequently, of longer continuance. +</p> +<p> + It was observed, sir, in the beginning of the debate, by a gentleman + eminently skilled in mercantile affairs, that insurance was practised by + many nations; but he did not inform us of what one of the clauses makes + it proper to inquire, whether they allowed the method of insuring + <i>interest or no interest</i>, and rating ships at an imaginary value. This + is, I know, prohibited by the Dutch, a nation whose authority on + commercial questions will not be disputed, nor do they allow their East + Indian ships to be insured at all. +</p> +<p> + The difficulty of estimating the value of any cargo has been urged in + defence of this practice, nor is the defence wholly without weight, + because the cargo in many voyages cannot be ascertained. I shall, + however, take this opportunity of observing, though I may somewhat + digress from the present argument, how necessary it is that some of our + exported cargoes should be exactly specified. +</p> +<p> + I have been lately informed, sir, that six ships laden with British + wool, have entered at one time into a port of France; nor do I know how + this practice, which is justly complained of as pernicious to our trade, + and threatening the ruin of our country, can be prevented but by a + constant and regular particularization of every cargo carried to France. +</p> +<p> + I admit, sir, that some cargoes which are imported cannot be + particularly registered; such is the gold with which we are daily + supplied by our commerce with the Portuguese, in opposition to their + laws, and which our merchants are, therefore, under the necessity of + concealing. +</p> +<p> + It is not, indeed, easy to foresee all the inconveniencies that may + arise from new regulations of commerce; but the difficulty is not so + great as has been represented, nor can I conceive why all our + consultations on trade should be without effect. Gentlemen may obtain + some knowledge of commerce from their own observation, which they may + enlarge by an unconfined and indifferent conversation with traders of + various classes, and by inquiries into the different branches of + commerce; inquiries, sir, which are generally neglected by those whose + employments confine their attention to particular parts of commerce, or + whose application to business hinders them from attending to any + opinions but those which their own personal experience enables them to + form. +</p> +<p> + From these informations impartially collected, and diligently compared, + a man not engaged in the profession of a merchant may form general + principles, and draw consequences, more certain, and more extensive in + their relations, than those which are struck out only from the + observation of one subdivided species of commerce. +</p> +<p> + A member of this house, sir, thus enlightened by inquiry, and whose + judgment is not diverted from its natural rectitude by the impulse of + any private consideration, may judge of any commercial debate with less + danger of errour or partiality than the merchants, of whom, + nevertheless, I have the highest esteem, and whose knowledge, or + probity, I do not intend to depreciate, when I declare my fears that + they may sometimes confound general maxims of trade with the opinions of + particular branches, and sometimes mistake their own gain for the + interest of the publick. +</p> +<p> + The interest of the merchants ought, indeed, always to be considered in + this house; but then it ought to be regarded only in subordination to + that of the whole community, a subordination which the gentleman who + spoke last seems to have forgotten. He may, perhaps, not intend long to + retain his senatorial character, and, therefore, delivered his opinion + only as a merchant. +</p> +<p> + He has distinguished between the conduct of experienced and unskilful + insurers, with how much justice I shall not determine. I am afraid that + a vigorous inquiry would discover, that neither age nor youth has been + able to resist strong temptations to some practices, which neither law + nor justice can support, and that those, whose experience has made them + cautious, have not been always equally honest. +</p> +<p> + But this is a subject upon which I am not inclined to dwell, and only + mention as the reason which convinces me of the propriety of the bill + before us. +</p> +<p> + Sir William YONGE spoke to this effect:—Sir, there appears no + probability that the different opinions which have been formed of this + bill will be reconciled by this debate; nor, indeed, is there any reason + for wondering at this contrariety of sentiments. +</p> +<p> + The several clauses of the bill have relations and consequences so + different, that scarce any one man can approve them all; and in our + present deliberation, an objection to a particular clause is considered + as an argument against the whole bill. +</p> +<p> + It is, therefore, necessary, to prevent an unprofitable expense of time, + to resolve the house into a committee, in which the bill may be + considered by single clauses, and that part which cannot be defended may + be rejected, and that only retained which deserves our approbation. In + the committee, when we have considered the first clause, and heard the + objections against it, we may mend it; or, if it cannot be amended, + reject or postpone it, and so proceed through the whole bill with much + greater expedition, and at the same time, with a more diligent view of + every clause, than while we are obliged to take the whole at once into + our consideration. +</p> +<p> + I shall, for my part, approve some clauses, and make objections to + others; but think it proper to reserve my objections, and the reasons of + my approbation, for the committee into which we ought to go on this + occasion. +</p> +<p> + [The bill was referred to a committee, but not forty members staying in + the house, it was dropped.] +</p> +<a name="2H_4_14"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF COMMONS, MARCH 2, 1740-1. +</h2> +<center> + DEBATE ON THE BILL FOR THE ENCOURAGEMENT AND <br>INCREASE OF SEAMEN. +</center> +<p> + The bill was ordered to be read the second time, and to be printed for + the use of the members, that it might be thoroughly examined and + understood. +</p> +<p> + On the forty-fourth day, the second reading of the bill was postponed to + the fiftieth; but the grand motion being debated on that day, nothing + else was heard. +</p> +<p> + On the fifty-first it was again put off; but +</p> +<p> + On the fifty-sixth day, being read a second time, it was, after some + opposition, referred to a committee of the whole house, to sit five days + after. In the meanwhile, +</p> +<p> + On the fifty-seventh, it was ordered that the proper officers do lay + before this house an account of what persons were authorized, by virtue + of the act in the 4th of queen Anne, for "the encouragement and increase + of seamen, and for the better and speedier manning her fleet;" to + conduct seamen or seafaring men taken upon privy searches made by + applications to justices; and what number of seamen or seafaring men + were returned; also, the charge attending the same. +</p> +<p> + On the sixty-first day, moved that the said account should be read; + which being done, the house resolved itself into a grand committee on + the present bill; and the first clause being read, proposing the blanks + to be filled thus: that every volunteer seamen, after five years' + service, be entitled to six pounds per year, during life. +</p> +<p> + Sir John BARNARD rose, and spoke as follows:—Sir, as it is our duty to + provide laws, by which all frauds and oppressions may be punished, when + they are detected, we are no less obliged to obviate such practices as + shall make punishments necessary; nor are we only to facilitate the + detection, but take away, as far as it is possible, the opportunities of + guilt. It is to no purpose that punishments are threatened, if they can + be evaded, or that rewards are offered, if they may by any mean + artifices be withheld. +</p> +<p> + For this reason, sir, I think it necessary to observe, that the intent + of this clause, the most favourable and alluring clause in the bill, may + lose its effect by a practice not uncommon, by which any man, however + inclined to serve his country, may be defrauded of the right of a + volunteer. +</p> +<p> + Many men have voluntarily applied to the officers of ships of war, and + after having been rejected by them as unfit for the service, have been + dragged on board within a few days, perhaps within a few hours + afterwards, to undergo all the hardships, without the merit, of + volunteers. +</p> +<p> + When any man, sir, has been rejected by the sea officers, he ought to + have a certificate given him, which shall be an exemption from an + impress, that if any other commander shall judge more favourably of his + qualifications, he may always have the privilege of a volunteer, and be + entitled to the reward which he deserved, by his readiness to enter the + service. +</p> +<p> + If such provisions are not made, this hateful practice, a practice, sir, + common and notorious, and very discouraging to such as would enter the + service of the publick, may so far prevail, that no man shall be able to + denominate himself a volunteer, or claim the reward proposed by the + bill. +</p> +<p> + Admiral WAGER spoke next, to the following effect:—Sir, it is not + common for men to receive injuries without applying for redress, when it + may certainly be obtained. If any proceedings like those which are now + complained of, had been mentioned at the board of admiralty, they had + been immediately censured and redressed; but as no such accusations were + offered, I think it may probably be concluded, that no such crimes have + been committed. +</p> +<p> + For what purpose oppressions of this kind should be practised, it is not + easy to conceive; for the officers are not at all rewarded for + impressing sailors. As, therefore, it is not probable that any man acts + wickedly or cruelly without temptation: as I have never heard any such + injury complained of by those that suffered it, I cannot but imagine, + that it is one of those reports which arise from mistake, or are forged + by malice, to injure the officers, and obstruct the service. +</p> +<p> + Lord BALTIMORE rose next, and spoke to the following effect:—That the + practice now complained of, sir, is very frequent, and, whatever may be + the temptation to it, such as every day produces some instances of, I + have reasons for asserting with great confidence. I have, within these + few days, as I was accidentally upon the river, informed myself of two + watermen ignominiously dragged by force into the service to which they + had voluntarily offered themselves a few days before. The reasons of + such oppression, it is the business of those gentlemen to inquire, whom + his majesty intrusts with the care of his fleet; but to interrupt the + course of wickedness, to hinder it from frustrating the rewards offered + by the publick, is the province of the representatives of the people. + And I hope, sir, some proviso will be made in this case. +</p> +<p> + Admiral NORRIS rose and said:—Sir, if any such practices had been + frequent, to what can it be imputed, that those who employ their lives + in maritime business should be strangers to them? Why have no complaints + been made by those that have been injured? Or why should officers expose + themselves to the hazard of censure without advantage? I cannot + discover why these hardships should be inflicted, nor how they could + have been concealed, and, therefore, think the officers of the navy may + be cleared from the imputation, without farther inquiry. +</p> +<p> + Sir John BARNARD spoke again, to the following purpose:—Sir, it is in + vain that objections are made, if the facts upon which they are founded + may be denied at pleasure: nothing is more easy than to deny, because + proofs are not required of a negative. But as negatives require no + proof, so they have no authority, nor can any consequence be deduced + from them. I might, therefore, suffer the facts to remain in their + present state, asserted on one side by those that have reasons to + believe them, and doubted on the other without reasons; for surely he + cannot be said to reason, who questions an assertion only because he + does not know it to be true. +</p> +<p> + But as every question, by which the liberty of a Briton may be affected, + is of importance sufficient to require that no evidence should be + suppressed by which it may be cleared, I cannot but think it proper that + a committee should be formed to examine the conduct of the officers in + this particular; and in confidence of the veracity of those from whom I + received my information, I here promise to produce such evidence as + shall put an end to controversy and doubt. +</p> +<p> + If this is not granted, sir, the fact must stand recorded and allowed; + for to doubt, and refuse evidence, is a degree of prejudice and + obstinacy without example. Nor is this the only objection to the clause + before us, which appears very imperfect, with regard to the + qualifications specified as a title to the reward. The reward ought not + to be confined to those who shall hereafter be invited by the promise of + it to engage in the service, while those who entered into it without any + such prospect, are condemned to dangers and fatigues without a + recompense. Where merit is equal, the reward ought to be equal; and, + surely, where there is greater merit, the reward proposed by the senate, + as an encouragement to bravery, ought not to be less. To be excluded + from the advantages which others have obtained, only by avoiding the + service, cannot but depress the spirit of those whose zeal and courage + incited them, at the beginning of the war, to enter into the fleet; and + to deject those from whom we expect defence and honour, is neither + prudent nor just. +</p> +<p> + Nor is it, in my opinion, proper to offer the same reward + indiscriminately to all that shall accept it; rewards ought to be + proportioned to desert, and no man can justly be paid for what he cannot + perform; there ought, therefore, to be some distinction made between a + seaman by profession, one that has learned his art at the expense of + long experience, labour, and hazard, and a man who only enters the ship + because he is useless on land, and who can only incommode the sailors + till he has been instructed by them. +</p> +<p> + It appears, sir, to me, a considerable defect in our naval regulations, + that wages are not proportioned to ability; and I think it may not be + now unseasonably proposed, that sailors should be paid according to the + skill which they have acquired; a provision by which an emulation would + be raised among them, and that industry excited, which now languishes + for want of encouragement, and those capacities awakened which now + slumber in ignorance and sloth, from the despair of obtaining any + advantage by superiority of knowledge. +</p> +<p> + Sir Robert WALPOLE then rose, and spoke as follows:—That this charge, + sir, however positively urged, is generally unjust, the declarations of + these honourable gentlemen are sufficient to evince, since it is not + probable that the injured persons would not have found some friend to + have represented these hardships to the admiralty, and no such + representations could have been made without their knowledge. +</p> +<p> + Yet, sir, I am far from doubting that by accident, or, perhaps, by + malice, some men have been treated in this manner; for it is not in the + power of any administration to make all those honest or wise whom they + are obliged to employ; and when great affairs are depending, minute + circumstances cannot always be attended to. If the vigilance of those + who are intrusted with the chief direction of great numbers of + subordinate officers be such, that corrupt practices are not frequent, + and their justice such, that they are never unpunished when legally + detected, the most strict inquirer can expect no more. Power will + sometimes be abused, and punishment sometimes be escaped. +</p> +<p> + It is, sir, easy to be conceived that a report may become general, + though the practice be very rare. The fact is multiplied as often as it + is related, and every man who hears the same story twice, imagines that + it is told of different persons, and exclaims against the tyranny of the + officers of the navy. +</p> +<p> + But these, in my opinion, sir, are questions, if not remote from the + present affair, yet by no means essential to it. The question now before + us is, not what illegalities have been committed in the execution of + impresses, but how impresses themselves may become less necessary? how + the nation may be secured without injury to individuals? and how the + fleet may be manned with less detriment to commerce? +</p> +<p> + Sir, the reward now proposed is intended to excite men to enter the + service without compulsion; and if this expedient be not approved, + another ought to be suggested: for I hope gentlemen are united in their + endeavours to find out some method of security to the publick, and do + not obstruct the proceedings of the committee, that when the fleets lie + inactive and useless, they may have an opportunity to reproach the + ministry. +</p> +<p> + Admiral NORRIS spoke next, in substance:—Sir, though it is not + necessary to enter into an accurate examination of the gentleman's + proposal, yet I cannot but observe, that by making it, he discovers + himself unacquainted with the disposition of seamen, among whom nothing + raises so much discontent as the suspicion of partiality. Should one + man, in the same rank, receive larger wages than another, he who thought + himself injured, as he who is paid less will always think, would be so + far from exerting his abilities to attain an equality with his + associate, that he would probably never be prevailed on to lay his hand + upon the tackling, but would sit sullen, or work perversely, though the + ship were labouring in a storm, or sinking in a battle. +</p> +<p> + Mr. GORE then spoke as follows:—Sir, the danger of introducing + distinctions among men in the same rank, where every man that imagines + his merit neglected, may have an opportunity of resenting the injury, + is, doubtless, such as no prudent commander will venture to incur. +</p> +<p> + Every man, in this case, becomes the judge of his own merit; and as he + will always discover some reason for the preference of another very + different from superiority of desert, he will, by consequence, be either + enraged or dispirited, will either resolve to desert his commander, or + betray him to the enemies, or not oppose them. +</p> +<p> + I remember, sir, though imperfectly, a story which I heard in my + travels, of an army in which some troops received a penny a day less + than the rest; a parsimony which cost dear in the day of battle; for the + disgusted troops laid down their arms before the enemy, and suffered + their general to be cut in pieces. +</p> +<p> + General WADE then spoke to this effect:—Sir, I cannot but concur with + the honourable gentleman in his opinion, that those who are already + engaged in the service, who have borne the fatigues of a long voyage, + and perhaps are, at this hour, exposing their lives in battle to defend + the rights of their country, ought to have the same claim to the reward + proposed, with those who shall hereafter offer themselves. Nor, in my + opinion, ought those who have hitherto been pressed into our fleets to + be discouraged from their duty by an exclusion from the same advantage. + For if they were compelled to serve in the fleet, they were compelled + when there was not this encouragement for volunteers, which, perhaps, + they would have accepted if it had been then proposed, Every man, at + least, will allege, that he would have accepted it, and complain he + suffers only by the fault of the government; a government which he will + not be very zealous to defend, while he is considered with less regard + than others, from whom no greater services are expected. +</p> +<p> + A prospect of new rewards, sir, will add new alacrity to all the forces, + and an equal distribution of favour will secure an unshaken and + inviolable fidelity. Nothing but union can produce success, and nothing + can secure union but impartiality and justice. +</p> +<p> + Mr. SANDYS rose, and spoke as follows:—Sir, the efficacy of rewards, + and the necessity of an impartial distribution, are no unfruitful + subjects for rhetorick; but it may, perhaps, be more useful at present + to consider, with such a degree of attention as the question must be + acknowledged to deserve, to whom these rewards are to be paid, and from + what fund they are expected to arise. +</p> +<p> + With regard to those who are to claim the reward, sir, they seem very + negligently specified; for they are distinguished only by the character + of having served five years; a distinction unintelligible, without + explanation. +</p> +<p> + It is, I suppose, sir, the intent of the bill, that no man shall miss + the reward but by his own fault; and, therefore, it may be inquired, + what is to be the fate of him who shall be disabled in his first + adventure, whom in the first year, or month, of his service, an unlucky + shot shall confine for the remaining part of his life to inactivity: as + the bill is now formed, he must be miserable without a recompense; and + his wounds, which make him unable to support himself, will, though + received in defence of his country, entitle him to no support from the + publick. +</p> +<p> + Nor is this the only difficulty that may arise from the specifying of so + long a service; for how can any man that shall enter on board the fleet + be informed that the war will continue for five years? May we not all + justly hope, that alacrity, unanimity, and prudence, may, in a much + shorter time, reduce our enemies to beg for peace? And shall our sailors + lose the reward of their hazards and their labours, only because they + have been successful? What will this be less than making their bravery a + crime or folly, and punishing them for not protracting the war by + cowardice or treachery? +</p> +<p> + But let us suppose, sir, those defects supplied by a more explicit and + determinate specification; there will yet arise an objection far more + formidable; an objection, which the present state of our revenues will + not suffer to be answered. The consideration of the greatness of the + annual payment which this proposal requires, ought to incite every man + to employ all his sagacity in search of some other method, equally + efficacious, and less expensive. +</p> +<p> + We have already, sir, forty thousand seamen in our pay, to whom eight + thousand more are speedily to be added: when each of these shall demand + his stipend, a new burden of two hundred and eighty-eight thousand + pounds must be laid upon the nation; upon a nation, whose lands are + mortgaged, whose revenues are anticipated, and whose taxes cannot be + borne without murmurs, nor increased without sedition. +</p> +<p> + The nation has found, by experience, that taxes once imposed for just + reasons, and continued upon plausible pretences, till they are become + familiar, are afterwards continued upon motives less laudable, are too + productive of influence, and too instrumental towards facilitating the + measures of the ministry, to be ever willingly remitted. +</p> +<p> + Mr. BLADEN spoke next, as follows:—Sir, it is obvious, that when the + balance is unequal, it may be reduced to an equilibrium, as well by + taking weight out of one scale, as adding it to the other. The wages + offered by the merchants overbalance, at present, those which are + proposed by the crown; to raise the allowance in the ships of war, will + be, to lay new loads upon the publick, and will incommode the merchants, + whose wages must always bear the same proportion to the king's. The only + method, then, that remains, is to lighten the opposite scale, by + restraining the merchants from giving wages, in time of war, beyond a + certain value; for, as the service of the crown is then more immediately + necessarv to the general advantage than that of the merchants, it ought + to be made more gainful. Sailors, sir, are not, generally, men of very + extensive views; and, therefore, we cannot expect that they should + prefer the general good of their country before their own present + interest; a motive of such power, that even in men of curious + researches, refined sentiments, and generous education, we see, too + often, that it surmounts every other consideration. +</p> +<p> + Lord BALTIMORE then spoke again:—Sir, to the expedient which the + honourable gentleman who spoke last has suggested, and which he must be + confessed to have placed in the strongest light, many objections may be + raised, which I am afraid will not easily be removed. +</p> +<p> + The first, sir, which occurs to me on this short reflection is not less + than the impossibility of putting his scheme in execution. The + prescription of wages which he proposes, may be eluded by a thousand + artifices, by advanced money, by gratuitous acknowledgments, the payment + of money for pretended services, or by secret contracts, which it would + be the interest of both parties to conceal. +</p> +<p> + But if this objection could be surmounted by severity and vigilance, + would not this expedient help to defeat the general intention of the + bill? A bill not designed as an immediate resource, a mere temporary + project to supply our fleets for the present year, but as a method for + removing the only obstruction of the British power, the difficulty of + manning our ships of war. +</p> +<p> + It is, I hope, sir, the intention of every man who has offered his + sentiments on this occasion, to contrive some general encouragement for + seamen, which shall not only invite them to assist their country at the + first summons, but shall allure others to qualify themselves for the + publick service, by engaging in the same profession. +</p> +<p> + This is only to be done by making the condition of sailors less + miserable, by entitling them to privileges, and honouring them with + distinctions. But by limiting the merchant's wages, if such limitations + are, indeed, possible, though we may palliate the present distress, we + shall diminish the number of sailors, and thereby not only contract our + commerce but endanger our country. +</p> +<p> + Mr. TRACEY spoke next, to the following effect:—Sir, I know not for + what reasons the present method of advancing rewards at entrance is + practised, of which, however specious it might appear, the success by no + means encourages the continuance. The sailors, though not a generation + of men much disposed to reflection, or qualified for ratiocination, are + not yet so void of thought as not easily to perceive that a small + increase of constant wages is of more value than several pounds to be + paid only at once, and which are squandered as soon as they are + received. +</p> +<p> + Instead, therefore, of restraining the wages of the merchants, it seems + probable, that by raising those of the king, we may man the fleet with + most expedition; and one method of raising the wages will be to suppress + the advanced money. +</p> +<p> + The ATTORNEY-GENERAL spoke next:—Sir, if the sum of money now paid by + way of advance can be supposed to have any effect, if it can be imagined + that any number of seamen, however inconsiderable, are allured by it + into the fleet, it is more usefully employed than it can be supposed to + be when sunk into the current wages, and divided into small payments. +</p> +<p> + The advance money is only paid to those that enter: if no volunteers + present themselves, no money is paid, and the nation doth not suffer by + the offer: but if the wages are raised, the expense will be certain, + without the certainty of advantage; for those that enter voluntarily + into the fleet, will receive no more than those that are forced into it + by an impress; and therefore there will be no incitement to enter + without compulsion. Thus every other inconvenience will remain, with the + addition of a new burden to the nation; our forces will be maintained at + a greater expense, and not raised with less difficulty. +</p> +<p> + Lord BALTIMORE said:—Sir, I cannot but concur in opinion with the + honourable gentleman who spoke last, from my own acquaintance with the + sentiments and habits that unalterably prevail among those who have been + accustomed to the sea, a race of men to the last degree negligent of any + future events, and careless about any provision against distant evils; + men who have no thoughts at sea, but how to reach the land; nor at land, + but how to squander what they have gained at sea. To men like these, it + may easily be imagined that no encouragement is equal to the temptation + of present gain, and the opportunity of present pleasure. +</p> +<p> + Of this any man, sir, may convince himself, who shall talk to a crew but + half an hour; for he shall find few among them, who will not, for a + small sum of present money, sell any distant prospect of affluence or + happiness. +</p> +<p> + Whether I am mistaken in my opinion, the honourable members who have + long commanded in the naval service can easily determine, and I doubt + not but they will agree that no motive can be proposed to a sailor + equivalent to immediate reward. +</p> +<p> + Sir William YONGE spoke next:—Sir, that some distinction ought to be + made to the advantage of volunteers, if we intend to man our fleet + without compulsion, is obvious and incontestable; and to avoid the + necessity of compulsion ought to be the chief end of this bill; for + nothing can be less to the advantage of the nation, than to continue the + use of such ungrateful methods, and yet increase the publick expense. +</p> +<p> + We ought, therefore, in my opinion, to determine upon some peculiar + reward, either to be advanced upon their entrance into the service, or + paid at their dismission from it. +</p> +<p> + But as I see, sir, no reason for hoping that all the encouragement which + can be offered, will raise volunteers in a sufficient number to secure + our navigation, and assert our sovereignty, it seems not proper to + confine our consultations to this part of the bill; for since compulsion + is on many occasions apparently necessary, some method requires to be + considered, in which it may be legal. +</p> +<p> + What new power ought to be placed in the magistrate, for what time, and + with what restrictions, I am far from assuming the province of + determining; but that some measures must be taken for compelling those + who cannot be persuaded, and discovering those that will not offer + themselves, cannot admit of doubt; and as the magistrate is at present + without any authority for this purpose, it is evident that his power + must be extended, for the same reason as it was given in its present + degree—the general benefit of the whole community. +</p> +<p> + Sir John BARNARD then spoke to the following effect:—Sir, if the + intent of this bill be to enable one part of the nation to enslave the + other; if the plausible and inviting professions of encouraging and + increasing seamen, are to terminate in violence, constraint, and + oppression; it is unnecessary to dwell longer upon particular clauses. + The intention of the bill is detestable, and deserves not the ceremony + of debate, or the forms of common regard. +</p> +<p> + If a man, sir, is liable to be forced from the care of his own private + affairs, from his favourite schemes of life, from the engagements of + domestick tenderness, or the prospects of near advantage, and subjected, + without his consent, to the command of one whom he hates, or dreads, or + perhaps despises, it requires no long argument to show, that by whatever + authority he is thus treated, he is reduced to the condition of a slave, + to that abject, to that hateful state, which every Englishman has been + taught to avoid at the hazard of his life. +</p> +<p> + It is therefore evident, that a law which tends to confer such a power, + subverts our constitution as far as its effects extend; a constitution, + which was originally formed as a barrier against slavery, and which one + age after another has endeavoured to strengthen. +</p> +<p> + Such a power, therefore, in whatever hands it may be lodged, I shall + always oppose. It is dangerous, sir, to intrust any man with absolute + dominion, which is seldom known to be impartially exercised, and which + often makes those corrupt, and insolent, whom it finds benevolent and + honest. +</p> +<p> + The bill proposes only encouragement, and encouragement may be given by + his majesty, without a new law; let us, therefore, draw up an address, + and cease to debate, where there is no prospect of agreement. +</p> +<p> + Mr. WINNINGTON spoke as follows:—Sir, the payment of an annual salary + will, in my opinion, be to the last degree inconvenient and dangerous. + The yearly expense has been already estimated, and arises to a sum very + formidable in our present state. Nor is the necessity of adding to the + publick burden, a burden which already is hard to be borne, the only + objection to this proposal. +</p> +<p> + Nothing can more contribute to dispirit the nation, than to protract the + consequences of a war, and to make the calamity felt, when the pleasures + of victory and triumph have been forgotten; we shall be inclined rather + to bear oppression and insult than endeavour after redress, if we + subject ourselves and our posterity to endless exactions. +</p> +<p> + The expenses of the present provision for superannuated and disabled + sailors, is no inconsiderable tax upon the publick, which is not less + burdened by it for the manner of collecting it by a deduction from the + sailors' wages; for, whoever pays it immediately, it is the ultimate + gift of the nation, and the utmost that can be allowed for this purpose. +</p> +<p> + It must be confessed, sir, the persons entitled to the pension are not + sufficiently distinguished in the bill; by which, as it now stands, any + of the worthless superfluities of a ship, even the servants of the + captains, may, after five years, put in their demand, and plunder that + nation which they never served. +</p> +<p> + Nor do I think, sir, the efficacy of this method will bear any + proportion to the expense of it; for I am of opinion, that few of the + sailors will be much affected by the prospect of a future pension. I am, + therefore, for dazzling them with five pounds, to be given them at their + entrance, which will be but a single payment, and probably fill our + fleets with greater expedition, than methods which appear more refined, + and the effects of deeper meditation. +</p> +<p> + Lord GAGE spoke in the following manner:—Sir, nothing is more clear + than that a yearly pension will burden the nation, without any + advantage; and as it will give occasion to innumerable frauds, it is a + method which ought to be rejected. +</p> +<p> + As to the new power, sir, which is proposed to be placed in the hands of + the magistrates, it undoubtedly reduces every sailor to a state of + slavery, and is inconsistent with that natural right to liberty, which + is confirmed and secured by our constitution. The bill, therefore, is, + in my opinion, defective in all its parts, of a tendency generally + pernicious, and cannot be amended but by rejecting it. +</p> +<p> + Mr. Henry PELHAM spoke next, to this effect:—Sir, I cannot but think it + necessary, that on this occasion, at least, gentlemen should remit the + ardour of disputation, and lay the arts of rhetorick aside; that they + should reserve their wit and their satire for questions of less + importance, and unite, for once, their endeavours, that this affair may + meet with no obstructions but from its natural difficulty. +</p> +<p> + We are now, sir, engaged in a war with a nation, if not of the first + rank in power, yet by no means contemptible in itself; and, by its + alliances, extremely formidable. We are exposed, by the course of our + trade, and the situation of our enemies, to many inevitable losses, and + have no means of preventing our merchants from being seized, without any + danger or expense to the Spaniards, but by covering the sea with our + squadrons. +</p> +<p> + Nor are we, sir, to satisfy ourselves with barely defeating the designs + of the Spaniards; our honour demands that we should force them to peace + upon advantageous terms; that we should not repulse, but attack them; + not only preserve our own trade and possessions, but endanger theirs. +</p> +<p> + It is by no means certain, sir, that in the prosecution of these designs + we shall not be interrupted by the interest or jealousy of a nation far + more powerful, whose forces we ought, therefore, to be able to resist. +</p> +<p> + A vigorous exertion of our strength will probably either intimidate any + other power that may be inclined to attack us, or enable us to repel the + injuries that shall be offered: discord and delay can only confirm our + open enemies in their obstinacy, and animate those that have hitherto + concealed their malignity to declare against us. +</p> +<p> + It is, therefore, sir, in no degree prudent to aggravate the + inconveniencies of the measures proposed for accomplishing what every + man seems equally to desire; to declaim against the expedients offered + in the bill as pernicious, unjust, and oppressive, contributes very + little to the production of better means. That our affairs will not + admit of long suspense, and that the present methods of raising seamen + are not effectual, is universally allowed; it, therefore, evidently + follows, sir, that some other must be speedily struck out. +</p> +<p> + I think it necessary to propose, that the house be resolved into a + committee to-morrow morning; and hope all that shall assemble on this + occasion, will bring with them no other passion than zeal for their + country. +</p> +<p> + [The speaker having taken the chair, the chairman of the committee + reported, that they had made some progress; and desiring leave to sit + again, it was resolved to go into the committee again on the morrow.] +</p> +<center> + MARCH 4, 1740-1. +</center> +<p> + On the sixty-second day the affair was put off; but on the sixty-third, + the house resolving itself into a committee, a clause was offered, by + which five pounds were proposed to be advanced to an able seaman, and + three pounds to every other man that should enter voluntarily into his + majesty's service, after twenty days, and within sixty. +</p> +<p> + After which, Mr. WINNINGTON spoke as follows:—Sir, this is a clause in + which no opposition can be apprehended, as those gentlemen who declared + their disapprobation of the former, were almost unanimous in proposing + this expedient, as the least expensive, and the most likely to succeed. +</p> +<p> + The time for the reception of volunteers upon this condition, is, sir, + in my opinion, judiciously determined. If it was extended to a greater + length, or left uncertain, the reward would lose its efficacy, the + sailors would neglect that which they might accept at any time, and + would only have recourse to the ships of war when they could find no + other employment. +</p> +<p> + Yet I cannot conceal my apprehensions, that this bounty will not alone + be sufficient to man our fleets with proper expedition; and that as + allurements may be useful on one hand, force will be found necessary on + the other; that the sailors may not only be incited to engage in the + service by the hopes of a reward, but by the fear of having their + negligence to accept it punished, by being compelled into the same + service, and forfeiting their claim by staying to be compelled. +</p> +<p> + Lord BALTIMORE then spoke to the following effect:—Sir, to the reward + proposed in this clause, I have declared in the former conference on + this bill, that I have no objection, and, therefore, have no amendment + to propose, except with regard to the time limited for the payment. +</p> +<p> + As our need of seamen, sir, is immediate, why should not a law for their + encouragement immediately operate? What advantage can arise from + delays? Or why is not that proper to be advanced now, that will be + proper in twenty days? That all the time between the enaction and + operation of this law must be lost, is evident; for who will enter for + two pounds, that may gain five by withholding himself from the service + twenty days longer? +</p> +<p> + Nor do I think the time now limited sufficient; many sailors who are now + in the service of the merchants, may not return soon enough to lay claim + to the bounty, who would gladly accept it, and who will either not serve + the crown without it, or will serve with disgust and complaints; as the + loss of it cannot be imputed to their backwardness, but to an accident + against which they could not provide. +</p> +<p> + Mr. WINNINGTON replied:—Sir, though I think the time now fixed by the + bill sufficient, as I hope that our present exigency will be but of + short continuance, and that we shall soon be able to raise naval forces + at a cheaper rate, yet as the reasons alleged for an alteration of the + time may appear to others of more weight than to me, I shall not oppose + the amendment. +</p> +<p> + Sir John BARNARD next rose, and said:—Sir, with regard to the duration + of the time fixed for the advancement of this bounty, we may have + leisure to deliberate; but surely it must be readily granted by those + who have expatiated so copiously upon the present exigencies of our + affairs, that it ought immediately to commence. And if this be the + general determination of the house, nothing can be more proper than to + address his majesty to offer, by proclamation, an advance of five + pounds, instead of two, which have been hitherto given; that while we + are concerting other measures for the advantage of our country, those in + which we have already concurred may be put in execution. +</p> +<p> + Mr. PULTENEY rose up next, and spoke as follows:—Sir, I take this + opportunity to lay before the house a grievance which very much retards + the equipment of our fleets, and which must be redressed before any + measures for reconciling the sailors to the publick service can be + pursued with the least probability of success. +</p> +<p> + Observation, sir, has informed me, that to remove the detestation of the + king's service, it is not necessary to raise the wages of the seamen; it + is necessary only to secure them; it is necessary to destroy those + hateful insects that fatten in idleness and debauchery upon the gains of + the industrious and honest. +</p> +<p> + When a sailor, sir, after the fatigues and hazards of a long voyage, + brings his ticket to the pay-office, and demands his wages, the + despicable wretch to whom he is obliged to apply, looks upon his ticket + with an air of importance, acknowledges his right, and demands a reward + for present payment; with this demand, however exorbitant, the + necessities of his family oblige him to comply. +</p> +<p> + In this manner, sir, are the wives of the sailors also treated when they + come to receive the pay of their husbands; women, distressed, + friendless, and unsupported; they are obliged to endure every insult, + and to yield to every oppression. And to such a height do these + merciless exacters raise their extortions, that sometimes a third part + of the wages is deducted. +</p> +<p> + Thus, sir, do the vilest, the meanest of mankind, plunder those who have + the highest claim to the esteem, the gratitude, and the protection of + their country. This is the hardship which withholds the sailors from our + navies, and forces them to seek for kinder treatment in other countries. + This hardship, sir, both justice and prudence call upon us to remedy; + and while we neglect it, all our deliberations will be ineffectual. +</p> +<p> + Mr. SOUTHWELL then spoke to this effect:—Sir, of the hardships + mentioned by the honourable gentleman who spoke last, I have myself + known an instance too remarkable not to be mentioned. A sailor in + Ireland, after his voyage, met with so much difficulty in obtaining his + wages, that he was at length reduced to the necessity of submitting to + the reduction of near a sixth part. Such are the grievances with which + those are oppressed, upon whom the power, security, and happiness of the + nation are acknowledged to depend. +</p> +<p> + Sir Robert WALPOLE, the prime minister, then rose, and spoke as + follows:—Sir, it is not without surprise that I hear the disgust of the + sailors ascribed to any irregularity in the payment of their wages, + which were never, in any former reign, so punctually discharged. They + receive, at present, twelve months' pay in eighteen months, without + deduction; so that there are never more than six months for which any + demand remains unsatisfied. +</p> +<p> + But, sir, the punctuality of the payment has produced of late great + inconveniencies; for there has been frequently a necessity of removing + men from one ship to another; and it is the stated rule of the + pay-office, to assign every man so removed his full pay. These men, when + the government is no longer indebted to them, take the first opportunity + of deserting the service, and engaging in business to which they are + more inclined. +</p> +<p> + This is not a chimerical complaint, founded upon rare instances, and + produced only to counterbalance an objection; the fact and the + consequences are well known; so well, that near fourteen hundred sailors + are computed to have been lost by this practice. +</p> +<p> + The PRESIDENT of the commons, who always in a committee takes his seat + as another member, rose here, and spoke to the following effect, his + honour being paymaster of the navy:—Mr. Chairman, the nature of the + employment with which I am intrusted makes it my duty to endeavour that + this question may be clearly understood, and the condition of the + seamen, with regard to the reception of their pay, justly represented. +</p> +<p> + I have not been able to discover that any sailor, upon producing his + ticket, was ever obliged to submit to the deduction of any part of his + wages, nor should any clerk or officer under my inspection, escape, for + such oppression, the severest punishment and most publick censure: I + would give him up to the law without reserve, and mark him as infamous, + and unworthy of any trust or employment. +</p> +<p> + But there are extortions, sir, by which those unhappy men, after having + served their country with honesty and courage, are deprived of their + lawful gains of diligence and labour. There are men to whom it is usual + amongst the sailors to mortgage their pay before it becomes due, who + never advance their money but upon such terms as cannot be mentioned + without indignation. These men advance the sum which is stipulated, and + by virtue of a letter of attorney are reimbursed at the pay-office. +</p> +<p> + This corruption is, I fear, not confined to particular places, but has + spread even to America, where, as in his own country, the poor sailor is + seduced, by the temptation of present money, to sell his labour to + extortioners and usurers. +</p> +<p> + I appeal to the gentleman, whether the instance which he mentioned was + not of this kind. I appeal to him without apprehension of receiving an + answer that can tend to invalidate what I have asserted. +</p> +<p> + This, sir, is, indeed, a grievance pernicious and oppressive, which no + endeavours of mine shall be deficient in attempting to remove; for by + this the sailor is condemned, notwithstanding his industry and success, + to perpetual poverty, and to labour only for the benefit of his + plunderer. +</p> +<p> + [The clauses were then read, "empowering the justices of the peace, etc. + to issue warrants to the constables, etc. to make general privy + searches, by day or night, for finding out and securing such seamen and + seafaring men as lie hid or conceal themselves; and making it lawful for + the officers appointed to make such searches, to force open the doors of + any house, where they shall <i>suspect</i> such seamen to be concealed, if + entrance be not readily admitted; and for punishing those who shall + harbour or conceal any seaman."] +</p> +<p> + Sir John BARNARD upon this rose up, and spoke to the following + effect:—Mr. Chairman, we have been hitherto deliberating upon + questions, in which diversity of opinions might naturally be expected, + and in which every man might indulge his own opinion, whatever it might + be, without any dangerous consequences to the publick. But the clauses + now before us are of a different kind; clauses which cannot be read + without astonishment and indignation, nor defended without betraying the + liberty of the best, the bravest, and most useful of our + fellow-subjects. +</p> +<p> + If these clauses, sir, should pass into a law, a sailor and a slave will + become terms of the same signification. Every man who has devoted + himself to the most useful profession, and most dangerous service of his + country, will see himself deprived of every advantage which he has + laboured to obtain, and made the mere passive property of those who live + in security by his valour, and owe to his labour that affluence which + hardens them to insensibility, and that pride that swells them to + ingratitude. +</p> +<p> + Why must the sailors alone, sir, be marked out from all the other orders + of men for ignominy and misery? Why must they be ranked with the enemies + of society, stopped like vagabonds, and pursued like the thief and the + murderer by publick officers? How or when have they forfeited the common + privilege of human nature, or the general protection of the laws of + their country? If it is a just maxim, sir, that he who contributes most + to the welfare of the publick, deserves most to be protected in the + enjoyment of his private right or fortune; a principle which surely will + not be controverted; where is the man that dares stand forth and assert, + that he has juster claims than the brave, the honest, the diligent + sailor? +</p> +<p> + I am extremely unwilling, sir, to engage in so invidious an undertaking + as the comparison of the harmless, inoffensive, resolute sailor, with + those who think themselves entitled to treat him with contempt, to + overlook his merit, invade his liberty, and laugh at his remonstrances. +</p> +<p> + Nor is it, sir, necessary to dwell upon the peculiar merit of this body + of men; it is sufficient that they have the same claims, founded upon + the same reasons with our own, that they have never forfeited them by + any crime, and, therefore, that they cannot be taken away without the + most flagrant violation of the laws of nature, of reason, and of our + country. +</p> +<p> + Let us consider the present condition of a sailor, let us reflect a + little upon the calamities to which custom, though not law, has already + made him subject, and it will surely not be thought that his unhappiness + needs any aggravation. +</p> +<p> + He is already exposed to be forced, upon his return from a tedious + voyage, into new hardships, without the intermission of a day, and + without the sight of his family; he is liable, after a contract for a + pleasing and gainful voyage, to be hurried away from his prospects of + interest, and condemned amidst oppression and insolence, to labour and + to danger, almost without the possibility of a recompense. He has + neither the privilege of choosing his commander, nor of leaving him when + he is defrauded and oppressed. +</p> +<p> + These, sir, I say, are the calamities to which he is now subject, but + there is now a possibility of escaping them. He is not yet deprived of + the right of resistance, or the power of flight; he may now retire to + his friend, and be protected by him; he may take shelter in his own + cottage, and treat any man as a robber, that shall attempt to force his + doors. +</p> +<p> + When any crews are returning home in time of war, they are acquainted + with the dangers of an impress, but they comfort themselves with + contriving stratagems to elude it, or with the prospect of obtaining an + exemption from it by the favour of their friends; prospects which are + often deceitful, and stratagems frequently defeated, but which yet + support their spirits, and animate their industry. +</p> +<p> + But if this bill, sir, should become a law, the sailor, instead of + amusing himself on his return with the prospects of ease, or of + pleasure, will consider his country as a place of slavery, a residence + less to be desired than any other part of the world. He will probably + seek, in the service of some foreign prince, a kinder treatment; and + will not fail, in any country but his own, to see himself, at least, on + a level with other men. +</p> +<p> + Nor will this bill, sir, only give the seamen new reasons of disgust, + but it will tend, likewise, to aggravate those grievances, which already + have produced a detestation of the publick service, scarcely to be + conquered. +</p> +<p> + The officers of the navy, sir, will hardly be made less insolent by an + increase of power; they whose tyranny has already alienated their + fellow-subjects from the king's service, though they could only depend + upon the character of probity and moderation for the prospect of manning + their ships in succeeding expeditions, will probably, when they are + animated by a law like this, and made absolute both by land and sea, + indulge themselves in the enjoyment of their new authority, contrive new + hardships and oppressions, and tyrannise without fear and without mercy. + Thus, sir, will the bill not only be tyrannical in itself, but the + parent of tyranny; it will give security to the cruel, and confidence to + the arrogant. +</p> +<p> + That any man, at least any man bred from his infancy to change his + residence, and accustomed to different climates and to foreign nations, + will fix by choice in that country where he finds the worst reception, + is hardly to be imagined. We see indeed, that men unqualified to support + themselves in other countries, or who have, by long custom, contracted a + fondness for particular methods of life, will bear very uncomfortable + circumstances, without endeavouring to improve their conditions by a + change of their habitations. But the temper of a sailor, acquainted with + all parts, and indifferent to all, is of another kind. Such, sir, is his + love of change, arising either from wantonness, or curiosity, that he is + hard to be retained by the kindest treatment and most liberal rewards; + and will, therefore, never struggle with his habitual dispositions, only + to continue in a state of slavery. +</p> +<p> + I think it, therefore, sir, very evident that this new method of + <i>encouraging</i> sailors will be so far from <i>increasing</i> them, that it may + probably drive them out of the empire, and at once ruin our trade and + our navy; at once beggar and disarm us. +</p> +<p> + Let me now suppose, sir, for a moment, the bill less pernicious in its + consequences, and consider only the difficulties of executing it. Every + seafaring man is to be seized, at pleasure, by the magistrate; but what + definition is given of a seafaring man? Or by what characteristick is + the magistrate to distinguish him? I have never been able to discover + any peculiarities in the form of a seaman that mark him out from the + rest of the species. There is, indeed, less servility in his air, and + less effeminacy in his face, than in those that are commonly to be seen + in drawing-rooms, in brothels, and at reviews; but I know not that a + seaman can be distinguished from any other man of equal industry or use, + who has never enervated himself by vice, nor polished himself into + corruption. So that this bill, sir, if it shall pass into a law, will + put it at once in the power of the magistrate to dispose of seamen at + his pleasure, and to term whom he pleases a seaman. +</p> +<p> + Another expedient, sir, has been offered on this occasion, not equally + tyrannical, but equally inadequate to the end in view. It is proposed to + restrain the merchants from giving wages beyond a certain rate, on the + supposition that the sailors have no motive but that of larger wages, to + prefer the service of the merchants to that of the crown. +</p> +<p> + This, sir, is a mistake which might easily arise from a partial and + imperfect knowledge of the affair, with which very few gentlemen have + opportunities of being well acquainted. The wages, sir, are the smallest + inducements which fix the seamen in their choice. The prospect of kinder + treatment, the certainty of returning home in a fixed time, and the + power of choosing what voyages they will undertake, cannot but be + acknowledged very reasonable motives of preference. +</p> +<p> + On the contrary, sir, when they are once engaged in a ship of war, they + know neither whither they are going, what dangers they shall encounter, + what hardships they shall suffer, nor when they shall be dismissed. +</p> +<p> + Besides, sir, I do not think it possible by any law to limit the wages + to be paid by merchants, since they will change the term of wages into + that of a present, or admit the sailors to a small share in the freight, + and so all the precaution we can take will become ineffectual. +</p> +<p> + In the mean time, sir, how much shall we embarrass our own commerce, and + impair our natural strength—the power of our fleets? We shall terrify + our sailors on the one hand, and endeavour to starve them on the other; + we shall not only drive them from us by unheard-of severities, but take + away every motive that can induce them to expose themselves to the + danger of suffering them. +</p> +<p> + If we consider, sir, with what effect methods nearly approaching these + were practised in the reign of the late queen, we shall find that not + more than one thousand five hundred seamen were raised, and those at the + expense of more than four thousand pounds; so that the effects bore no + proportion to the means; our laws were infringed, and our constitution + violated to no purpose. +</p> +<p> + But what reason, sir, can be assigned for which it must be more + difficult to supply the fleet now with sailors than at any other time? + This war, sir, was demanded by the publick voice, in pursuance of the + particular remonstrances of the merchants, and it is not to be supposed + that the sailors or any other body of men engage in it with a particular + reluctance. +</p> +<p> + I am, therefore, inclined to believe that the suspicion of great numbers + hid in the country, at a distance from the coast, is merely chimerical; + and that if we should pass this bill, we should do nothing more than + grant an oppressive and unconstitutional power of search for what, in + reality, is not to be found. +</p> +<p> + How oppressive this power may become in the hands of a corrupt or + insolent magistrate, any man may discover, who remembers that the + magistrate is made judge without appeal, of his own right to denominate + any man a sailor, and that he may break open any man's doors at any + time, without alleging any other reason than his own suspicion; so that + no man can secure his house from being searched, or, perhaps, his person + from being seized. +</p> +<p> + It may, indeed, be alleged, sir, that this will be only a temporary law, + and is to cease with the exigence that made it necessary: but long + experience has informed us, that severe laws are enacted more readily + than they are repealed; and that most men are too fond of power to + suffer willingly the diminution of it. +</p> +<p> + But, sir, though this law should not be perpetuated, every precedent of + an infringement of our constitution, makes way for its dissolution; and + the very cessation of an oppressive law, may be a plea, hereafter, for + the revival of it. +</p> +<p> + This bill, therefore, must be confessed to be at once violent and + ineffectual; to be a transgression of the laws of justice to particular + men, without any prospect of real benefit to the community; and, + therefore, cannot be passed without deviating at once from prudence and + our constitution. +</p> +<p> + Captain CORNWALL then rose, and spoke to this effect:—I have observed, + sir, that every man is apt to think himself ill treated, who is not + treated according to his own opinion of his deserts, and will endeavour + to diffuse his own notion of the partiality and tyranny of the naval + officers; general clamours, therefore, are little to be regarded. +</p> +<p> + I have had, from my early years, a command in the sea service, and can + assert, that I never knew more than one instance of injustice, and that + was punished with the severity which it deserved. +</p> +<p> + The PRIME MINISTER rose next, and spoke to this effect:—Mr. Chairman, + it is with uncommon satisfaction that I see every clause of this bill + regularly debated, without unbecoming impatience, or passionate + exclamations. I am willing to collect from this conduct, that the + disposition of every gentleman is, on this occasion, the same with my + own; and that every expedient here proposed will be diligently examined, + and either be seriously approved, or be calmly rejected. +</p> +<p> + Such coolness and impartiality, sir, is certainly required by the + importance of the present question; a question which cannot but + influence the prosperity of the nation for many years. +</p> +<p> + It is not necessary to remind any gentleman of the importance of our + trade, of the power of the enemy against whom we have declared war in + defence of it, or of the necessity of showing the world that our + declarations of war are not empty noises, or farces of resentment. But + it may be proper, sir, to remark, that this is not the only enemy, nor + the most powerful, whose attempts we have reason to provide against, and + who may oblige us to exert our whole power, and practise every expedient + to increase our forces. +</p> +<p> + The war has been, hitherto, prosecuted with the utmost vigour, with all + the attention that its importance requires, and with success not + disproportioned to our preparations; nor will it ever be suffered to + languish, if the powers necessary for carrying it on are not denied. +</p> +<p> + Nothing is more evident, sir, than that the natural power of the nation + consists in its fleets, which are now, by the care of the government, so + numerous, that the united power of many nations cannot equal them. But + what are fleets unfurnished with men? How will they maintain the + dominion of the sea, by lying unactive in our harbours? +</p> +<p> + That no methods, hitherto used, have been sufficient to man our navies, + and that our preparations have, therefore, been little more than an + expensive show of war, the whole nation is sufficiently informed; it is, + therefore, not doubtful that some new measures must be taken; whether + any better can be suggested than are offered in this bill, must be + inquired. +</p> +<p> + With regard, sir, to the clause now under our consideration, it is to be + remembered, that little more is proposed by it, than to add the sanction + of legality to a power which has long been exercised by the admiralty, + without any other authority than that of long prescription, the power of + issuing warrants of impress upon emergent occasions, by which sailors + are forced into the publick service. +</p> +<p> + This power, in its present state, must be allowed to have no foundation + in any law, and, by consequence, to be unlimited, arbitrary, and easily + abused, and, upon the whole, to be justifiable only by necessity: but + that necessity is so frequent, that it is often exercised, and, + therefore, ought to be regulated by the legislature; and by making such + regulations, we may rather be said to remove than introduce a grievance. +</p> +<p> + The power of searching for sailors, however it has been represented, is + far from setting them on a level with felons, murderers, or vagabonds; + or, indeed, from distinguishing them, to their disadvantage, from the + rest of the community, of which every individual is obliged to support + the government. +</p> +<p> + Those that possess estates, or carry on trades, transfer part of their + property to the publick; and those ought, by parity of reason, to serve + the publick in person, that have no property to transfer. Every man is + secured by the constitution in the enjoyment of his life, his liberty, + or his fortune; and, therefore, every man ought reciprocally to defend + the constitution to which he is himself indebted for safety and + protection. +</p> +<p> + I am, therefore, sir, unable to discover in what consists the hardship + of a law by which no new duties are enjoined, nor any thing required, + which is not already every man's duty. Every man, indeed, who is + desirous of evading the performance of any of the duties of society, + will consider every compulsion as a hardship, by which he is obliged to + contribute to the general happiness; but his murmurs will prove nothing + but his own folly and ingratitude, and will certainly deserve no regard + from the legislative power. +</p> +<p> + There is in the bill before us, sir, encouragement sufficient for + volunteers, and an offer of greater rewards than some gentlemen think + consistent with the present state of the national revenues; and what + remains to be done with respect to those who are deaf to all + invitations, and blind to all offers of advantage? Are they to sit at + ease only because they are idle, or to be distinguished with indulgence + only for want of deserving it? +</p> +<p> + It seems generally granted, sir, that such drones are the proper objects + of an impress. Let us then suppose that every man who is willing to + serve his country, has laid hold of the reward proposed, and entered a + volunteer. The fleets are not yet sufficiently manned, and more sailors + must be procured. Warrants are issued out in the common form. The + negligent, the imprudent, the necessitous, are taken. The vigilant, the + cunning, and those that have more money, find shelter and escape. Can it + be said, that those whose circumstances, or good fortune, enable them to + secure themselves from the officers of the impress, deserve any + exemption from the publick service, or from the hardships to which their + companions are exposed? Have they discharged their debt of gratitude to + the publick so effectually by running away from its service, that no + search ought to be made after them? It seems evident, that if it was + right to seize the one, it is likewise right to pursue the other; and if + it be right to pursue him, it is likewise right to hinder him from + escaping the pursuers. It is then right to vest some persons with the + power of apprehending him, and in whom is that power to be lodged, but + in the civil magistrate? +</p> +<p> + Every man, sir, is obliged by compulsive methods to serve his country, + if he can be prevailed upon by no other. If any man shall refuse to pay + his rates or his taxes, will not his goods be seized by force, and sold + before his face? If any particular methods are proposed for obliging + seamen to contribute to the publick safety, it is only because their + service is necessary upon more pressing occasions than that of others; + upon occasions which do not admit of delay, without the hazard of the + whole community. +</p> +<p> + I must confess, sir, there are instances in which the hardships of the + seafaring part of the nation are peculiar, and truly calamitous. A + sailor, after the dangers and toils of a long voyage, when he is now in + the sight of the port, where he hopes to enjoy that quiet which he has + deserved by so long a series of fatigues, to repair the injuries which + his health has suffered, by change of climate, and the diet of the + ships, and to recover that strength which incessant vigilance has worn + away; when he is in expectation of being received by his family with + those caresses, which the succours that he brings them naturally + produce, and designs to rest awhile from danger and from care; in the + midst of these pleasing views, he is, on the sudden, seized by an + impress, and forced into a repetition of all his miseries, without any + interval of refreshment. +</p> +<p> + Let no man who can think without compassion on such a scene as this, + boast his zeal for freedom, his regard for bravery, or his gratitude to + those who contribute to the wealth and power of their country; let every + man who declares himself touched with the pity which the slightest + reflection upon such a disappointment must naturally produce, sincerely + endeavour to obviate the necessity of such oppressive measures, which + may, at least in part, be prevented, by assigning to magistrates the + power of hunting out of their retreats, those who neglect the business + of their callings, and linger at once in laziness and want. +</p> +<p> + There are great numbers who retire not from weariness but idleness, or + an unreasonable prepossession against the publick service; and, surely, + nothing is more unreasonable, than that bad dispositions should be + gratified, and that industry should expose any man to penalties. +</p> +<p> + Upon the whole, sir, I am not able to discover, that any man should be + exempted from an impress merely because he finds means to escape it, or + because idleness or disinclination to the publick service prompts him to + abscond. +</p> +<p> + If any men deserve indulgence, in opposition to the demands of the + publick, they are rather those who have already, in some degree, + discharged their duty to it, by contributing to bring in that wealth + which is the consequence of a prosperous and well-regulated commerce, + and without which war cannot be supported. +</p> +<p> + It is not without grief and regret, that I am obliged to represent, on + this occasion, the obstructions which the war has suffered from those at + whose request it was undertaken; and to declare, that the conduct of the + merchants, has afforded proof that some law of this tendency is + absolutely necessary. +</p> +<p> + The merchants, sir, who have so loudly complained of the decline of + trade, the interruption of navigation, and the insolence, rapacity, and + cruelty of the Spaniards; the merchants, who filled the nation with + representations of their hardships, discouragements, and miseries, and + lamented in the most publick manner, that they were the only body for + whom the legislature had no regard, who were abandoned to the caprice of + other nations, were plundered abroad, and neglected at home; the + merchants, after having at length by their importunities engaged the + state in a war, of which they have themselves certainly not the least + pretensions to question either the justice or necessity, now, when by + the natural consequences of a naval armament, sailors become less + numerous, and ships more difficult to be equipped, contract in private + with such sailors as they are inclined to employ, and conceal them in + garrets, hired for that purpose, till the freight is ready, or the + danger of an impress is past, and thus secure their own private affairs + at the hazard of the publick, and hinder the operations of a war, which + they, and they only, solicited. +</p> +<p> + The danger of having other enemies than the Spaniards, enemies, sir, + more active, more powerful, and more ambitious, has already been + mentioned; a danger so near, and so formidable, that he will not be + thought very solicitous for his country, whom the bare mention of it + does not alarm. This danger we are, therefore, to obviate by vigorous + preparations, and unanimous resolutions; nor do I doubt but both our + enemies, if they find us united, will repent of attacking us. +</p> +<p> + Sir, the most efficacious method of manning our fleets, which law or + custom has yet put into our hands, is that of suspending our commerce by + an embargo; and yet the whole nation knows how much, and by what means, + it has been eluded: no sooner was it known that an embargo was laid, + than the sailors flew away into the country, or hid themselves in + corners of this great city, as from the most formidable danger; and no + sooner did the embargo cease, than the banks of the river were again + crowded with sailors, and all the trading vessels were immediately + supplied. +</p> +<p> + As I cannot doubt, sir, that every gentleman is equally zealous for the + success of the war, and the prosperity of his country; and as the + insufficiency of the present methods of providing for them is apparent, + I hope, that either the regulations proposed by this bill, to which I + see no important objections, or some other of equal use, will be + established by a general concurrence. +</p> +<p> + Lord BALTIMORE spoke next:—Though no gentleman in this assembly, sir, + can more ardently wish the success of the British arms, or shall more + willingly concur in any measure that may promote it, yet I cannot agree + to the clause now under our consideration; I disapprove it both from + moral and political motives; I disapprove it as neither just nor + prudent. +</p> +<p> + The injustice of so flagrant an invasion of the liberty of particular + men has been already exposed; nor is it, in my opinion, less easy to + discover the imprudence of exhausting all our supplies at once, and + sweeping away all our sailors, to supply a single exigency. +</p> +<p> + It has often been remarked, sir, in favour of a standing army, that it + is requisite to have a number of regular forces, who, though too weak to + oppose an invasion, might be able to establish discipline in a larger + body. An observation which may, with much greater justness, be applied + to the seamen, whose art is much more difficult to be attained, and who + are equally necessary in war and peace. +</p> +<p> + If our stock of seamen, sir, be destroyed, if there is not left in our + trading vessels a sufficient number of experienced artists to initiate + novices, and propagate the profession, not only our ships of war must + lie useless, but our commerce sink to nothing. +</p> +<p> + Nor have I reason to believe the naval power of France so formidable, as + that we ought to be terrified by the apprehensions of it into any + extraordinary methods of procedure. I am informed that they have now + very few ships of force left in their harbours; and that they have + exerted their whole strength in the American fleet. +</p> +<p> + I am not, therefore, sir, for providing against present dangers, without + regard to our future security; and think nothing more worthy of the + consideration of this assembly, than the means of encouraging and + increasing our seamen, which will not be effected by the bill before us. +</p> +<p> + Land forces may be hired upon emergencies; but sailors are our own + peculiar strength, and the growth of our own soil; we are, therefore, + above all other regards, to attend, if I may use the term, to the + preservation of the species. +</p> +<p> + Mr. VYNER next spoke:—Mr. Chairman, as there can be no stronger + objection to any law than ambiguity, or indeterminate latitude of + meaning, I think it necessary to propose, that some word of known and + limited import, be substituted in the place of <i>seafaring men</i>; an + expression which, if I was asked the meaning of it, I should find it + difficult to explain. +</p> +<p> + Are <i>seafaring</i> men those only who navigate in the <i>sea</i>? The term is + then superfluous, for all such are evidently comprised in the word + <i>seamen</i>. Are they bargemen or watermen, who ply on rivers and transport + provision or commodities from one inland town to another? In that sense + nobody will affirm that it is a proper word; and impropriety in the + expression of laws, produces uncertainty in the execution of them. +</p> +<p> + Captain CORNWALL rose up:—Sir, the term <i>seafaring men</i>, of which an + explication is desired, is intended to include all those who live by + conveying goods or passengers upon the water, whether the sea or inland + rivers: nor can we restrain it to a narrower sense, without exempting + from the publick service great numbers, whose manner of life has + qualified them for it, and from whom their country may, with equal + justice, expect assistance, as from those who are engaged in foreign + traffick. +</p> +<p> + Mr. VYNER replied:—Sir, I am far from concurring with the honourable + gentleman in his opinion, that the inland watermen are, by their + profession, in any degree qualified for sea service, or can properly be + called <i>seafaring men</i>. +</p> +<p> + All qualifications for the service must consist either in some knowledge + of the arts of navigation, or in some familiarity with the dangers of + the sea. With regard to any previous knowledge of naval business, it is + well known that they have no advantage over any common labourer; for the + manner of navigating a ship and a barge have, for the most part, nothing + in common. +</p> +<p> + Nor are these watermen, sir, more able to stand firm in the terrours of + the storm, or the noise of a battle, than those who follow any other + occupation. Many of them never saw the sea, nor have less dread of its + danger than the other inhabitants of the inland counties. They are, + therefore, neither <i>seafaring</i> men, nor peculiarly capable of being made + <i>seamen</i>. +</p> +<p> + But the hardship upon particular men is not the strongest objection to + this clause, which, by obstructing our inland navigation, may make our + rivers useless, and set the whole trade of the nation at a stand. For + who will bring up his son a waterman, who knows him exposed by that + profession to be impressed for a seaman? +</p> +<p> + It seems, therefore, necessary, sir, either to omit the term <i>seafaring + men</i> [Footnote: Agreed to be omitted.], or to explain it in such a + manner, that inland watermen may not be included. +</p> +<p> + Lord GAGE spoke next:—Sir, so much has been urged against the + compulsive methods proposed in this clause, and so little produced in + favour of them, that it may seem superfluous to add any thing, or to + endeavour, by a multiplicity of arguments, to prove what common reason + must immediately discover. But there is one consequence of this clause + which has not yet been observed, and which is yet too important not to + be obviated by a particular proviso. +</p> +<p> + It is well known, sir, that many of those to whom this act will extend, + are freeholders and voters, for electing the representatives of the + nation; and it is therefore apparent, that elections may be influenced + by an ill-timed or partial execution of it. How easy will it be, when an + election approaches, to raise a false alarm, to propose some secret + expedition, or threaten us with an invasion from some unknown country, + and to seize on all the seafaring voters whose affections are suspected, + and confine them at Spithead till the contest is over. +</p> +<p> + I cannot, therefore, sir, but think it necessary, that if this clause be + suffered to pass, some part of its hateful consequences should be + prevented by an exception in favour of freeholders and voters, which, + surely, is no less than what every man owes to his own security, to the + welfare of his country, and to those by whom he has been honoured with + the care of their liberties. +</p> +<p> + Mr. Henry PELHAM then said, as follows:—Sir, I do not rise in + opposition to the proposal made by that right honourable member, nor do + I think this the proper time either for opposing or approving it. Method + is of the highest importance in inquiries like these; and if the order + of the debate be interrupted by foreign questions, or incidental + objections, no man will be able to consider the clauses before us with + the attention necessary to his own satisfaction, or to the conviction of + others; the mind will be dissipated by a multiplicity of views, and + nothing can follow but perplexity and confusion. +</p> +<p> + The great end, sir, for which we are now assembled, is to strike out + methods of manning the fleet with expedition and certainty. It is, + therefore, proper, in the first place, to agree upon some general + measures, to each of which there may, undoubtedly, be particular + objections raised, that may be afterwards removed by exceptions or + provisions; but these provisions should, for the sake of order, be + inserted in particular clauses, to be separately considered. +</p> +<p> + Of this kind is the exception now offered, to which I have no objection + but its present impropriety, and the interruption of the debate which it + may now occasion; for I see, at present, no reason against admitting it + in a particular clause. +</p> +<p> + When it is considered how much the success of the war may depend upon + the determinations of this day, and how much our future happiness and + security may depend upon the success of our present undertakings, I hope + my solicitude for regularity and expedition will be easily excused. +</p> +<p> + Sir Hind COTTON answered:—I am not able, sir, to discover any imminent + danger to the nation in suspending our attention to the clause before + us, for a few moments; nor, indeed, do we cease to attend to it, while + we are endeavouring to mollify it, and adapt it to our constitution. +</p> +<p> + The exception proposed is, in the opinion of the honourable gentleman, + so reasonable, that he declares himself ready to approve it in another + place; and, to me, no place seems more proper of its making part of this + bill than this. As a connexion between the clause and exception appears + necessary and immediate, I cannot see why it should be postponed, unless + it is hoped that it may be forgotten. +</p> +<p> + Mr. PULTENEY then spoke:—Sir, that this exception should be forgotten + there is no danger; for how long soever it be delayed, I will never + agree to the act till I see it inserted. If we suffer the liberty of the + freeholders to be infringed, what can we expect but to be charged with + betraying our trust, and giving up to servitude and oppression those who + deputed us to this assembly, as the guardians of their privileges, and + the asserters of their birthright; a charge too just to be denied, and + too atrocious to be borne. +</p> +<p> + Sir, the right of a freeholder is independent on every other + circumstance, and is neither made more or less by wealth or poverty: the + estate, however small, which gives a right of voting, ought to exempt + the owner from every restraint that may hinder the exertion of his + right; a right on which our constitution is founded, and which cannot be + taken away without subverting our whole establishment. +</p> +<p> + To overlook the distinctions which the fundamental laws of our country + have made in respect to different orders of men, and to regard only the + accidents of affluence and necessity, is surely unjust in itself, and + unworthy of this assembly; an assembly, sir, instituted principally to + protect the weak against the strong, and deputed to represent those, in + a collective state, who are not considerable enough to appear singly, + and claim a voice in the legislature. +</p> +<p> + To expose an honest, a laborious, and an useful man, to be seized by the + hands of an insolent officer, and dragged from the enjoyment of his + right, only because he will not violate his conscience, and add his + voice to those of sycophants, dependents, and prostitutes, the slaves of + power, the drudges of a court, and the hirelings of a faction, is the + highest degree of injustice and cruelty. Let us rather, sir, sweep away, + with an impress, the drones of large fortunes, the tyrants of villages, + and the oppressors of the poor; let us oblige those to serve their + country by force, whose fortunes have had no other effect than to make + them insolent and worthless; but let such who, by contributing to + commerce, make every day some addition to the publick wealth, be left in + the full enjoyment of the rights which they deserve: let those, by whose + labour the expenses of the war are furnished, be excused from + contributing to it by personal service. +</p> +<p> + It is necessary, sir, to have our laws established by the + representatives of the people; it is necessary that those + representatives should be freely elected; and, therefore, every law that + obstructs the liberty of voters, is contrary to the fundamental laws of + our constitution; and what multitudes may, by this law, be either + hindered from giving their votes, or be terrified into such a choice as + by no means corresponds with their judgments or inclinations, it is easy + to foresee. +</p> +<p> + I am, indeed, of opinion, sir, that this clause cannot be adapted to our + constitution, nor modified, by any expedient, into a law, which will not + lay insupportable hardships upon the nation, and make way for absolute + power. But as it is necessary that a constant supply of seamen should be + provided, I think it not improper to observe, that there is one + expedient yet remaining, by which, though it will not much assist us in + our present exigence, the fleets of this nation may hereafter be + constantly supported. +</p> +<p> + We have, at present, great numbers of charity schools established in + this nation, where the children of the poor receive an education + disproportioned to their birth. This has often no other consequences + than to make them unfit for their stations, by placing them, in their + own opinion, above the drudgery of daily labour; a notion which is too + much indulged, as idleness, cooperating with vanity, can hardly fail to + gain the ascendant, and which sometimes prompts them to support + themselves by practices not only useless, but pernicious to society. + This evil, sir, cannot be better obviated than by allotting a reasonable + proportion out of every school to the service of the sea, in which, by + entering early, they cannot fail to become proficients; and where their + attainments, which, at present, too frequently produce laziness and + dishonesty, might enable them to excel, and entitle them to promotion. +</p> +<p> + Mr. WINNINGTON replied:—Sir, notwithstanding the confidence with which + some gentlemen have proposed this amendment, and the easiness with which + others have consented to it, I declare, without hesitation, that I + oppose it now, and intend to oppose it whenever it shall be offered, + because it will defeat all the other provisions which shall be made in + the bill. +</p> +<p> + I will venture to say, sir, that if every man, who has, by whatever + tenure, the right of voting, shall be exempted from the necessity of + contributing to the publick safety by his personal service, every man + qualified for the sea will by some means acquire a vote. +</p> +<p> + Sir, a very small part of those who give their votes in this nation for + representatives in senate, enjoy that right as the appendage of a + freehold; to live in some towns, and to be born only in others, gives + the unalienable privilege of voting. Any gentleman, to secure his own + interest, or obstruct the publick service, may, by dividing a small + piece of barren ground among a hundred sailors, exalt them all to + freeholders, and exempt them from the influence of this law. +</p> +<p> + However, sir, I am not less a friend to the freeholders than those who + propose the exception in their favour, but, in my opinion, the great + interest of the freeholders is the preservation of their freeholds, + which can only be secured by a vigorous exertion of the power of the + nation, in the war which is now declared against the Spaniards. +</p> +<p> + Mr. BARRINGTON spoke next:—Sir, by the observations which I have + opportunities of making at the place which I have the honour to + represent, I am convinced of the influence that this law will have upon + all the boroughs along the coasts. There, most of the voters are, in one + sense or other, sir, seafaring men, being, almost all of them, owners of + vessels, and in some degree acquainted with navigation; they may, + therefore, be hurried away at the choice of an officious or oppressive + magistrate, who may, by partiality and injustice, obtain a majority, + contrary to the general inclination of the people, and determine the + election by his own authority. +</p> +<p> + Sir William YONGE then said:—Sir, if every freeholder and voter is to + be exempted from the influence of the law, the bill that we are with so + much ardour endeavouring to draw up and rectify, and of which the + necessity is so generally acknowledged, will be no other than an empty + sound, and a determination without an object; for while we are + empowering the government to call seamen into the service, we are + exempting almost all that are able to serve from the denomination of + seamen: what is this but to dispute without a subject? to raise with one + hand and demolish with the other? +</p> +<p> + In the western parts of the nation, sir, where I reside, many who vote + at elections claim their privilege by no other title than that of + boiling a pot; a title which he who has it not, may easily obtain, when + it will either gratify his laziness or his cowardice, and which, though + not occasionally obtained, seems not sufficient to set any man out of + the reach of a just and necessary law. +</p> +<p> + It is, therefore, sir, undoubtedly requisite that the terms of the + exception should be explicit and definitive, and that only those should + be exempted who have such possessions or qualifications as this assembly + shall think a just title to exemption. For on the western coast, from + whence great supplies may be expected, almost every sailor has a vote, + to which nothing is there required but to hire a lodging, and boil a + pot; after which, if this exception be admitted in all its latitude, he + may sit at ease amidst the distresses of his country, ridicule the law + which he has eluded, and set the magistrate at open defiance. +</p> +<p> + The PRIME MINISTER spoke next:—As I think, Sir, some exception may be + just and proper, so I suppose every gentleman will concur with me in + rejecting one of such extent as shall leave no object for the operation + of the law. +</p> +<p> + It is, in my opinion, proper to restrain the exemption to those + freeholders who are possessed of such an estate as gives a vote for the + representative of the county, by which those whose privilege arises from + their property will be secured; and it seems reasonable that those who + have privileges without property, should purchase them by their + services. +</p> +<p> + Counsellor BROWN spoke next:—Sir, the exception proposed will not only + defeat the end of the bill, by leaving it few objects, but will obstruct + the execution of it on proper occasions, and involve the magistrate in + difficulties which will either intimidate him in the exertion of his + authority, or, if he persists in discharging his duty with firmness and + spirit, will perhaps oblige him sometimes to repent of his fidelity. +</p> +<p> + It is the necessary consequence, sir, of a seaman's profession, that he + is often at a great distance from the place of his legal settlement, or + patrimonial possessions; and he may, therefore, assert of his own + circumstances what is most convenient, without danger of detection. + Distance is a security that prompts many men to falsehoods, by which + only vanity is gratified; and few men will tell truth in opposition to + their interest, when they may lie without apprehension of being + convicted. +</p> +<p> + When, therefore, a magistrate receives directions to impress all the + seamen within his district, how few will he find who will not declare + themselves freeholders in some distant county, or freemen of some + obscure borough. It is to no purpose, sir, that the magistrate + disbelieves what he cannot confute; and if in one instance in a hundred + he should be mistaken, and, acting in consequence of his errour, force a + freeman into the service, what reparation may not be demanded? +</p> +<p> + I, therefore, propose it to the consideration of the committee, whether + any man ought to claim exemption from this law by a title, that may so + readily be procured, or so safely usurped. +</p> +<p> + The ATTORNEY GENERAL spoke next:—Sir, the practice of impressing, which + has been declaimed against with such vehement exaggerations, is not only + founded on immemorial custom, which makes it part of the common law, but + is likewise established by our statutes; for I remember to have found it + in the statutes of queen Mary, and therefore cannot allow that it ought + to be treated as illegal, and anti-constitutional. +</p> +<p> + That it is not inconsistent with our constitution may be proved from the + practice of erecting the royal standard, upon great emergencies, to + which every man was obliged immediately to repair; this practice is as + old as our constitution, and as it may be revived at pleasure, may be + properly mentioned as equivalent to an impress. +</p> +<p> + Mr. VYNER answered:—This word, sir, which the learned member has by his + wonderful diligence discovered in the statutes, may perhaps be there, + but in a signification far different from that which it bears at + present. The word was, without doubt, originally French, <i>prêt</i>, and + implied what is now expressed by the term <i>ready</i>; and to impress any + man was in those days only to make him <i>ready</i>, or engage him to hold + himself in <i>readiness</i>, which was brought about not by compulsion, + pursuit, and violence, but by the allurements of a pecuniary reward, or + the obligation of some ancient tenure. +</p> +<center> + HOUSE OF COMMONS, MARCH 9, 1740-1. +</center> +<p> + On the sixty-sixth day, the consideration of the bill for raising seamen + was resumed, and a clause read, by which every constable, headborough, + tithingman, or other person, was liable to be examined upon oath by the + justices of peace, who were empowered to lay a fine upon them for any + neglect, offence, or connivance. +</p> +<p> + Sir John BARNARD rose up, and spoke to the following effect:—Mr. + Chairman, it is the peculiar happiness of the Britons, that no law can + be made without the consent of their representatives, and I hope no such + infatuation can ever fall upon them as may influence them to choose a + representative capable of concurring in absurdities like this. +</p> +<p> + The folly, the iniquity, the stupidity of this clause, can only be + conceived by hearing it repeated; it is too flagrant to be extenuated, + and too gross to admit exaggerations: to oblige a man to make oath + against himself, to subject himself by his own voice to penalties and + hardships, is at once cruel and ridiculous, a wild complication of + tyranny and folly. +</p> +<p> + To call upon any man to accuse himself, is only to call upon him to + commit perjury, and has therefore been always accounted irrational and + wicked: in those countries where it is practised, the confession is + extorted by the rack, which indeed is so necessary on such occasions, + that I should not wonder to hear the promoters of this clause openly + declaring for the expediency of tortures. +</p> +<p> + Nothing is more evident than that this bill, however the importance of + the occasion may be magnified, was drawn up without reflection, and that + the clauses were never understood by those that offered them: errours + like these must arise only from precipitation and neglect, for they are + too gross to be committed either by ignorance or design. +</p> +<p> + To expose such absurdities is, indeed, easy, but not pleasing; for what + end is answered by pointing at folly, or how is the publick service + advanced by showing that the methods proposed are totally to be + rejected? Where a proposition is of a mixed kind, and only erroneous in + part, it is an useful and no disagreeable task to separate truth from + errour, and disentangle from ill consequences such measures as may be + pursued with advantage to the publick; but mere stupidity can only + produce compassion, and afford no opportunities for inquiry or dispute. +</p> +<p> + Admiral WAGER replied:—Sir, this clause, however contemptuously + treated, has been already passed into a law by a senate which brought no + dishonour upon the British nation, by a senate which was courted and + dreaded by the greatest part of the universe, and was drawn up by a + ministry that have given their posterity no reason to treat them with + derision and contumely. +</p> +<p> + In the reign of the late great queen, this method of proceeding was + approved and established, and we may judge of the propriety of the + measures followed in that war by the success which they procured. +</p> +<p> + Those, therefore, by whom this bill was drawn up have committed no new + absurdities, nor have proposed any thing which was not enacted by the + wisest of our predecessors, in one of the most illustrious periods of + our history. +</p> +<p> + Mr. GYBBON answered:—Sir, I am far from thinking a proposition + sufficiently defended by an assertion that it was admitted by our + predecessors; for though I have no inclination to vilify their memory, I + may without scruple affirm, that they had no pretensions to + infallibility, and that there are in many of our statutes instances of + such ignorance, credulity, weakness, and errour, as cannot be considered + without astonishment. +</p> +<p> + In questions of an abstruse and complicated nature, it is certain, sir, + that experience has taught us what could never have been discovered + previously by the wisdom of our ancestors; and we have found, by their + consequences, the impropriety of many practices which they approved, and + which we should have equally applauded in the same circumstances. +</p> +<p> + But to what purpose is observation, if we must shut our eyes against it, + and appeal for ever to the wisdom of our ancestors?—if we must fall + into errour, merely because they were mistaken, and rush upon rocks out + of veneration to those who were wrecked against them. +</p> +<p> + In questions easily to be examined, and determinations which comprised + no perplexing contrarieties of interest, or multiplicity of + circumstances, they were equally liable with ourselves to be supine and + negligent, to sink into security, or be surprised by haste. That the + clause now before us was enacted by them, must be ascribed merely to the + hurry of the session in which it was brought before them; a time in + which so many inquiries of the highest importance were to be made, and + great diversity of views to be regarded, that it is no wonder that some + absurdities should escape without detection. +</p> +<p> + In the fourth of the reign of the queen, this bill was brought in, as + now, at the latter end of a session, when the attention of the senate + was fatigued and distracted; and it was hurried through both houses, and + ratified by the queen, with very little consideration. +</p> +<p> + But then, as this circumstance may be justly termed an extenuation of + their errour, it ought to be a lesson of caution to us, that we may not + be, in the like manner, betrayed into the same weakness. +</p> +<p> + Mr. Henry PELHAM next rose up:—Sir, the conduct of our predecessors + seems not to stand in need of any excuse; for it might be easy to + vindicate it by arguments, but that it is more proper to approve it by + imitation. +</p> +<p> + Whenever the bill was passed, or how hastily soever the law was enacted, + it was, I believe, rather the effect of necessity than of inadvertency; + of the same necessity which now presses, and which is very ill consulted + by tedious debates. +</p> +<p> + They were then involved in a war, and were not so distracted by private + interests as not to unite in the most vigorous opposition of their + enemies. They knew that the publick good is often promoted by the + temporary inconveniencies of individuals; and when affairs of the + highest importance demanded their attention, when the security of the + whole nation and the happiness of their posterity were the subject of + their inquiries, they wisely suffered less considerations to pass, + without superfluous and unseasonable solicitude. +</p> +<p> + How justly they reasoned, sir, and what vigour their resolutions gave to + the military operations, our victories are a sufficient proof: and if + experience be the surest guide, it cannot be improper to imitate those + who, in the same circumstances with ourselves, found means to raise the + honour, and improve the commerce of their country. +</p> +<p> + That our circumstances are the same with those of the senate by which + this law was made, is obvious beyond dispute; or where they vary, the + difference is, perhaps, to our disadvantage. We have, sir, the same + enemies, or, at least, have reason to apprehend the same; but have + little hope of the same allies. The present war is to be carried on at a + greater distance, and in more places at the same instant; we cannot, + therefore, supply our ships occasionally, but must raise great numbers + in a short time. +</p> +<p> + If, therefore, it was then concluded, that the method under our + examination was useful; if measures, not eligible in themselves, may be + authorized by necessity, why may not we, in compliance with the same + exigencies, have recourse to the same expedients? +</p> +<p> + Sir William YONGE then spoke:—Sir, how much weight is added to the + determinations of the senate, by the dignity of their procedure, and the + decency of their disputations, a slight knowledge of mankind is + sufficient to evince. It is well known that government is supported by + opinion; and that he who destroys the reputation, destroys the authority + of the legislative power. Nor is it less apparent, that he who degrades + debate into scurrility, and destroys the solemnity of consultation, + endeavours to sink the senate into contempt. +</p> +<p> + It was, therefore, sir, with indignation and surprise, that I heard the + clause before us censured with such indecency of language, and the + authors of it treated with contumelies and reproaches that mere errour + does not deserve, however apparent, but which were now vented before any + errour was detected. +</p> +<p> + I know not, sir, why the gentlemen, who are thus indecently attacked, + have suffered such reproaches without censure, and without reply. I know + not why they have omitted to put the honourable gentleman in mind of the + respect due to this assembly, or to the characters of those whom he + opposes; gentlemen equally skilled with himself in the subject of our + inquiries, and whom his own attainments, however large, or his + abilities, however comprehensive, cannot give him a right to charge with + ignorance or folly. +</p> +<p> + To reproach men with incapacity, is a cheap method of answering their + arguments; but a method which the rules of this house ought to exclude + from our debates, as the general civility of the world has banished it + from every other place of concourse or conversation. +</p> +<p> + I, for my part, sir, shall always endeavour to confine my attention to + the question before us, without suffering my reason to be biassed, or my + inquiries diverted by low altercations, or personal animosities; nor + when any other man deviates into reproachful and contemptuous language, + shall I be induced to think more highly of either his arguments or + capacity. +</p> +<p> + Sir John BARNARD replied:—Sir, I have always heard it represented as an + instance of integrity, when the tongue and heart move in concert, when + the words are representations of the sentiments; and have, therefore, + hitherto, endeavoured to explain my arguments with perspicuity, and + impress my sentiments with force; I have thought it hypocrisy to treat + stupidity with reverence, or to honour nonsense with the ceremony of a + confutation. As knavery, so folly, that is not reclaimable, is to be + speedily despatched; business is to be freed from obstruction, and + society from a nuisance. +</p> +<p> + Nor, sir, when I am censured by those whom I may offend, by the use of + terms correspondent with my ideas, will I, by a tame and silent + submission, give reason to suspect that I am conscious of a fault, but + will treat the accusation with open contempt, and show no greater regard + to the abettors, than to the authors of absurdity. +</p> +<p> + That decency is of great use in publick debates, I shall readily allow; + it may sometimes shelter folly from ridicule, and preserve villany from + publick detection; nor is it ever more carefully supported, than when + measures are promoted that nothing can preserve from contempt, but the + solemnity with which they are established. +</p> +<p> + Decency is a proper circumstance; but liberty is the essence of + senatorial disquisitions: liberty is the parent of truth; but truth and + decency are sometimes at variance: all men and all propositions are to + be treated here as they deserve; and there are many who have no claim + either to respect or decency. +</p> +<p> + Mr. WINNINGTON then rose:—Sir, that it is improper in its own nature, + and inconsistent with our constitution, to lay any man under an + obligation to accuse himself, cannot be denied; it is, therefore, + evident, that some amendment is necessary to the clause before us. +</p> +<p> + I have, for this reason, drawn up an amendment, sir, which, if approved + by the committee, will, in my opinion, remove all the objections to this + part of the bill, and, by reconciling it with our natural and legal + rights, I hope, induce those to approve it, who have hitherto opposed + it. +</p> +<p> + I therefore propose, that these words should be substituted instead of + those which are the subject of the debate; or some other to this + purpose: <i>That no person shall be liable to be fined by virtue of this + act, unless a witness, being examined, shall make oath of the + misdemeanour or neglect</i>. +</p> +<p> + Thus the necessity of examining men upon oath in their own cause will be + entirely taken away; and, as the clause will then stand, there will + remain no suspicion of injustice, or oppression, because none can be + practised without the concurrence of many persons of different + interests. +</p> +<p> + [This clause, though agreed to in the committee, was at last rejected.] +</p> +<p> + Mr. Horace WALPOLE spoke next, to this effect:—Mr. Chairman, it does + not yet appear that the gentlemen who have engaged in this debate, have + sufficiently attended to the exigence of our affairs, and the importance + of the question. They have lavished their oratory in declaiming upon the + absurdity of the methods proposed, and discovered their sagacity, by + showing how future navies may be supplied from charity schools, but have + substituted no expedients in the place of those which they so warmly + condemn, nor have condescended to inform us, how we may now guard our + coasts, or man our fleets for immediate service. +</p> +<p> + There are some circumstances, sir, of the present war, which make our + necessity of raising sea forces greater than in those of William, and + Anne that succeeded him. The chief advantages that we gained over the + French, in their wars, were the consequences of our victories by land. +</p> +<p> + At sea, sir, the balance was almost equal, though the Dutch fleet and + ours were united; nor did they quit the sea because their fleets were + destroyed, but because they were obliged to recruit their land forces + with their sailors. Should they now declare war against us, they would + be under no such necessity of defrauding the sea service, for they have + now on foot an army of one hundred and sixty thousand men, which are + maintained at no greater expense than forty thousand, by the British + government; as they are, therefore, sir, so formidable by land, we have + no way of opposing them but by our sea forces. +</p> +<p> + Nor is their navy so contemptible as some have, either by conjecture or + misinformation, represented it. The fleet which they have despatched to + America, consists not of fewer than twenty ships, of which the least + carry sixty guns, and they are fitting out now an equal number in their + own ports; besides, their East India company is obliged to furnish ten + ships of the line, at the demand of the government. +</p> +<p> + Thus it appears that we have neighbours sufficiently powerful to alarm + us with the sense of immediate danger; danger which is made more + imminent by the expeditious methods by which the French man their + fleets, and which we must imitate if we hope to oppose them with + success. +</p> +<p> + I need not say how little we can depend upon any professions of + neutrality, which will be best observed when they cannot be securely + violated; or upon the pacifick inclination of their minister, which + interest, persuasion, or caprice, may alter, and to which it is not very + honourable to trust for safety. How can that nation sink lower, which is + only free because it is not invaded by its neighbours; and retains its + possessions, only because no other has leisure or inclination to take + them away? +</p> +<p> + If it be asked, what can provoke the French to interrupt us in the + prosecution of our designs, and in the punishment of those who have + plundered and insulted us, it is not only easy to urge the strict + alliance between the two crowns, the ties of blood, the conformity of + interests, and their equal hatred of the Britons, but another more + immediate reason may be added. It is suspected, that under pretence of + vindicating our own rights, we are endeavouring to gain the possession + of the Spanish dominions, and engross the wealth of the new world; and + that, therefore, it is the interest of every power, whose subjects + traffick to those countries, to oppose us. +</p> +<p> + Thus, whether we succeed or fail in our attempts upon America, we have + the French power to apprehend. If we make conquests, they may, probably, + think it necessary to obviate the torrent of our victories, and to + hinder the increase of our dominions, that they may secure their own + trade, and maintain their own influence. +</p> +<p> + If we should be defeated, of which no man, sir, can deny the + possibility, the inclination of all to insult the depressed, and to push + down the falling, is well known; nor can it be expected that our + hereditary enemies would neglect so fair an opportunity of attacking us. +</p> +<p> + How they might ravage our coasts, and obstruct our trade; how they might + triumph in the Channel, and block us up in our own ports, bombard our + towns, and threaten us with invasions, I hope I need but barely mention, + to incite this assembly to such despatch in manning our fleets, as may + secure us at once from insults and from terrour. +</p> +<p> + It is, undoubtedly, sir, in our power to raise a naval force sufficient + to awe the ocean, and restrain the most daring of our enemies from any + attempts against us; but this cannot be effected by harangues, + objections, and disputations. +</p> +<p> + There is nothing, sir, more frequently the subject of raillery or + declamation, than the uselessness or danger of a standing army, to which + I declare myself no otherwise inclined than by my concern for the common + safety; I willingly allow that not one soldier ought to be supported by + the publick, whose service is not necessary; but surely none of those + who declare so warmly for the honour and privileges of their country, + would expose it to the insults of foreign powers, without defence. If, + therefore, they think the danger of land forces more than equivalent to + the benefit, they ought unanimously to concur in the increase of our + naval strength, by which they may be protected, but cannot be oppressed: + they ought willingly to give their assistance to any propositions for + making the fleet, formidable, that their declarations against the army + may not be thought to proceed from a resolution to obstruct the measures + of the government, rather than from zeal for the constitution. For he + that equally opposes the establishment of the army, and the improvement + of the navy, declares in effect against the security of the nation; and + though, perhaps, without design, exposes his countrymen to the mercy of + their enemies. +</p> +<p> + Mr. PULTENEY spoke next:—Sir, I cannot discover for what reason the + bill before us is so vigorously supported, but must observe, that I have + seldom known such vehement and continued efforts produced by mere + publick spirit, and unmingled regard for the happiness of the nation. + Nothing, sir, that can be urged in favour of the measures now proposed + has been omitted. When arguments are confuted, precedents are cited; + when precedents fail, the advocates for the bill have recourse to + terrour and necessity, and endeavour to frighten those whom they cannot + convince. +</p> +<p> + But, perhaps, sir, these formidable phantoms may soon be put to flight, + and, like the other illusions of cowardice, disappear before the light. + Perhaps this necessity will be found only chimerical; and these dangers + appear only the visions of credulity, or the bugbears of imposture. +</p> +<p> + To arrive at a clear view of our present condition, it will be + necessary, sir, not to amuse ourselves with general assertions, or + overwhelm our reason by terrifying exaggerations: let us consider + distinctly the power and the conduct of our enemies, and inquire whether + they do not affright us more than they are able to hurt us. +</p> +<p> + That the force of Spain alone, sir, is much to be dreaded, no man will + assert; for that empire, it is well known, has long been seized with all + the symptoms of declining power, and has been supported, not by its own + strength, but by the interests of its neighbours. The vast dominions of + the Spaniards are only an empty show; they are lands without + inhabitants, and, by consequence, without defence; they are rather + excrescences, than members of the monarchy, and receive support rather + than communicate. In the distant branches of their empire the government + languishes, as the vital motion in an expiring body; and the struggles + which they now make, may be termed rather agonies than efforts. +</p> +<p> + From Spain, therefore, unassisted, we have nothing to apprehend, and yet + from thence we have been threatened with insults and invasions. +</p> +<p> + That the condition of the French is far different, cannot be denied; + their commerce flourishes, their dominions are connected, their wealth + increases, and their government operates with full vigour: their + influence is great, and their name formidable. But I cannot allow, sir, + that they have yet attained such a height of power as should alarm us + with constant apprehensions, or that we ought to secure ourselves + against them by the violation of our liberties. Not to urge that the + loss of freedom, and the destruction of our constitution, are the worst + consequences that can be apprehended from a conquest, and that to a + slave the change of his master is of no great importance, it is evident, + that the power of the French is of such kind as can only affect us + remotely, and consequentially. They may fill the continent with alarms, + and ravage the territories of Germany, by their numerous armies, but can + only injure us by means of their fleets. We may wait, sir, without a + panick terrour, though not without some degree of anxiety, the event of + their attempts upon the neighbouring princes, and cannot be reduced to + fight for our altars and our houses, but by a second armada, which, even + then, the winds must favour, and a thousand circumstances concur to + expedite. +</p> +<p> + But that no such fleet can be fitted out by the united endeavours of the + whole world; that our navy, in its present state, is superiour to any + that can be brought against us, our ministers ought not to be ignorant: + and, therefore, to dispirit the nation with apprehensions of armies + hovering in the air, and of conquerors to be wafted over by supernatural + means, is to destroy that happiness which government was ordained to + preserve; to sink us to tameness and cowardice; and to betray us to + insults and to robberies. +</p> +<p> + If our danger, sir, be such as has been represented, to whom must we + impute it? Upon whom are our weakness, our poverty, and our miseries to + be charged? Upon whom, but those who have usurped the direction of + affairs which they did not understand, or to which their solicitude for + the preservation of their own power hindered them from attending? +</p> +<p> + That the Spaniards, sir, are now enabled to make resistance, and, + perhaps, to insult and depopulate our colonies; that the French have + despatched a fleet into the American seas, to obstruct, as may be + conjectured, the progress of our arms, and that we are in danger of + meeting opposition which we did not expect, is too evident to be + concealed. +</p> +<p> + But, sir, is not the spirit of our enemies the consequence rather of our + cowardice than of their own strength? Does not the opposition to our + designs, by whatever nation it shall be made, arise from the contempt + which has been brought upon us by our irresolution, forbearance, and + delays? Had we resented the first insult, and repaired our earliest + losses by vigorous reprisals, our merchants had long ago carried on + their traffick with security, our enemies would have courted us with + respect, and our allies supported us with confidence. +</p> +<p> + Our negotiations, treaties, proposals, and concessions, not only + afforded them leisure to collect their forces, equip their fleets, and + fortify their coasts; but gave them, likewise, spirit to resist those + who could not be conquered but by their own cowardice and folly. By our + ill-timed patience, and lingering preparations, we encouraged those to + unite against us, who would, otherwise, have only hated us in secret; + and deterred those from declaring in our favour, whom interest or + gratitude might have inclined to assist us. For who will support those + from whom no mutual support can be expected? And who will expect that + those will defend their allies, who desert themselves? +</p> +<p> + But, sir, however late our resentment was awakened, had the war been + prosecuted vigorously after it was declared, we might have been now + secure from danger, and freed from suspense, nor would any thing have + remained but to give laws to our enemies. +</p> +<p> + From the success of Vernon with so inconsiderable forces, we may + conjecture what would have been performed with an armament proportioned + to his undertaking; and why he was not better supplied, no reason has + yet been given; nor can it be easily discovered why we either did not + begin the war before our enemies had concerted their measures, or delay + it till we had formed our own. +</p> +<p> + Notwithstanding some opportunities have been neglected, and all the + advantages of a sudden attack have been irrecoverably lost; + notwithstanding our friends, sir, have learned to despise and neglect + us, and our enemies are animated to confidence and obstinacy, yet our + real and intrinsick strength continues the same; nor are there yet any + preparations made against us by the enemy, with views beyond their own + security and defence. It does not yet appear, sir, that our enemies, + however insolent, look upon us as the proper objects of a conquest, or + that they imagine it possible to besiege us in our own ports, or to + confine us to the defence of our own country. We are not, therefore, to + have recourse to measures, which, if they are ever to be admitted, can + be justified by nothing but the utmost distress, and can only become + proper, as the last and desperate expedient. The enemy, sir, ought to + appear not only in our seas, but in our ports, before it can be + necessary that one part of the nation should be enslaved for the + preservation of the rest. +</p> +<p> + To destroy any part of the community, while it is in our power to + preserve the whole, is certainly absurd, and inconsistent with the + equity and tenderness of a good government: and what is slavery less + than destruction? What greater calamity has that man to expect, who has + been already deprived of his liberty, and reduced to a level with + thieves and murderers? With what spirit, sir, will he draw his sword + upon his invaders, who has nothing to defend? Or why should he repel the + injuries which will make no addition to his misery, and will fall only + on those to whom he is enslaved? +</p> +<p> + It is well known that gratitude is the foundation of our duty to our + country, and to our superiours, whom we are obliged to protect upon some + occasions, because, upon others, we receive protection from them, and + are maintained in the quiet possession of our fortunes, and the security + of our lives. But what gratitude is due to his country from a man + distinguished, without a crime, by the legislature, from the rest of the + people, and marked out for hardships and oppressions? From a man who is + condemned to labour and to danger, only that others may fatten with + indolence, and slumber without anxiety? From a man who is dragged to + misery without reward, and hunted from his retreat, as the property of + his master? +</p> +<p> + Where gratitude, sir, is not the motive of action, which may easily + happen in minds not accustomed to observe the ends of government, and + relations of society, interest never fails to preside, which may be + distinguished from gratitude, as it regards the immediate consequences + of actions, and confines the view to present advantages. But what + interest can be gratified by a man who is not master of his own actions, + nor secure in the enjoyment of his acquisitions? Why should he be + solicitous to increase his property, who may be torn from the possession + of it in a moment? Or upon what motive can he act who will not become + more happy by doing his duty? +</p> +<p> + Many of those to whom this bill is proposed to extend, have raised + fortunes at the expense of their ease, and at the hazard of their lives; + and now sit at rest, enjoying the memory of their past hardships, and + inciting others to the prosecution of the same adventures. How will it + be more reasonable to drag these men from their houses, than to seize + any other gentleman upon his own estate? and how negligently will our + navigation and our commerce be promoted, when it is discovered that + either wealth cannot be gained by them, or, if so gained, cannot be + enjoyed. +</p> +<p> + But it is still urged, sir, that there is a necessity of manning the + fleet; a necessity which, indeed, cannot totally be denied, though a + short delay would produce no frightful consequences, would expose us to + no invasions, nor disable us from prosecuting the war. Yet, as the + necessity at least deserves the regard of the legislature, let us + consider what motives have hitherto gained men over to the publick + service; let us examine how our land forces are raised, and how our + merchants equip their ships. How is all this to be effected without + murmurs, mutinies, or discontent, but by the natural and easy method of + offering rewards? +</p> +<p> + It may be objected, sir, that rewards have been already proposed without + effect; but, not to mention the corrupt arts which have been made use of + to elude that promise, by rejecting those that came to claim them, we + can infer from their inefficacy only, that they were too small; that + they were not sufficient to dazzle the attention, and withdraw it from + the prospect of the distant advantages which may arise from the service + of the merchants. Let the reward, therefore, be doubled, and if it be + not then sufficient, doubled anew. There is nothing but may be bought, + if an adequate price is offered; and we are, therefore, to raise the + reward, till it shall be adjudged by the sailors equivalent to the + inconveniencies of the service. +</p> +<p> + Let no man urge, that this is profusion; that it is a breach of our + trust, and a prodigality of the publick money. Sir, the money thus paid + is the price of liberty; it is disbursed to hinder slavery from + encroaching, to preserve our natural rights from infraction, and the + constitution of our country from violation. If we vote away the + privilege of one class among us, those of another may quickly be + demanded; and slavery will advance by degrees, till the last remains of + freedom shall be lost. +</p> +<p> + But perhaps, sir, it will appear, upon reflection, that even this method + needs not to be practised. It is well known, that it is not necessary + for the whole crew of a ship to be expert sailors; there must be some + novices, and many whose employment has more of labour than of art. We + have now a numerous army, which burdens our country, without defending + it, and from whom we may, therefore, draw supplies for the fleet, and + distribute them amongst the ships in just proportions; they may + immediately assist the seamen, and will become able, in a short time, to + train up others. +</p> +<p> + It will, doubtless, sir, be objected to this proposal, that the + continent is in confusion, and that we ought to continue such a force as + may enable us to assist our allies, maintain our influence, and turn the + scale of affairs in the neighbouring countries. I know not how we are + indebted to our allies, or by what ties we are obliged to assist those + who never assisted us; nor can I, upon mature consideration, think it + necessary to be always gazing on the continent, watching the motions of + every potentate, and anxiously attentive to every revolution. There is + no end, sir, of obviating contingencies, of attempting to secure + ourselves from every possibility of danger. I am, indeed, desirous that + our friends, if any there be that deserve that name, should succeed in + their designs, and be protected in their claims; but think it ought + always to be remembered, that our own affairs affect us immediately, + theirs only by consequence, and that the nearest danger is to be first + regarded. +</p> +<p> + With respect to the amendment offered to this clause, I cannot see that + it will produce any advantage, nor think any evidence sufficient to + justify the breach of our constitution, or subject any man to the + hardship of having his dwelling entered by force. +</p> +<p> + And, sir, I am not entirely satisfied of the impartiality and equity + with which it is promised that this law will be put in execution, or + what new influence is to cooperate with this law, by which corruption + and oppression will be prevented. +</p> +<p> + It is well known, sir, that many other laws are made ineffectual by + partiality or negligence, which remarkably appears by the immense + quantities of corn that are daily carried into foreign countries, by + illegal exportations, by which traffick I am informed that we obtain + most of our foreign gold, which, in reality, is paid us for corn by the + Dutch; though it is studiously represented to the nation as gained by + our traffick with Portugal. Who can assure us that this law will not be + perverted, after the example of others? and that there will not be + wretches found that may employ it to the extortion of money, or the + gratification of revenge? +</p> +<p> + Thus, sir, I have shown by what means our fleet may now be equipped, and + how a supply of sailors may be perpetuated; for I cannot think how the + boys which are educated in charity schools can be more properly + employed. A proportion may be easily selected for the service, who will + benefit the publick much more than by serving sharpers and attorneys, + and pilfering either at low gaming houses, or in the inns of court. +</p> +<p> + Since, therefore, it is not pretended, sir, that this bill can be + justified otherwise than by necessity, and it appears that supplies may + be raised by other means; since, instead of increasing and encouraging + seamen, nothing is proposed that does not manifestly tend, by depressing + and harassing them, to diminish their numbers, I think it reasonable to + declare that I shall continue to oppose it, and hope that every friend + of liberty, or commerce, will concur in the opposition. +</p> +<p> + Sir Robert WALPOLE spoke next, to the following effect:—Sir, I have + considered the bill before us with the utmost impartiality, and I can + see no reason to apprehend that it will produce such universal + discontent, and give occasion to so many abuses, as the honourable + gentlemen by whom it is opposed, appear to suspect. It is not uncommon, + sir, in judging of future events, and tracing effects from causes, for + the most sagacious to be mistaken. +</p> +<p> + The safest method of conjecturing upon the future, is to consider the + past, for it is always probable, that from like causes like consequences + will arise. Let us, therefore, sir, examine what injustice or oppression + has been hitherto produced by laws of the same kind. +</p> +<p> + The power of searching, however it is now become the subject of loud + exclamation and pathetick harangues, is no new invasion of the rights of + the people, but has been already granted in its utmost extent, for an + end of no greater importance than the preservation of the game. This + formidable authority has been already trusted to the magistrate, and the + nation has been already subjected to this insupportable tyranny, only + lest the hares and partridges should be destroyed, and gentlemen be + obliged to disband their hounds and dismiss their setting dogs. Yet, + sir, even with regard to this power, thus exorbitant, and thus lightly + granted, I have heard no general complaints, nor believe that it is + looked upon as a grievance by any, but those whom it restrains from + living upon the game, and condemns to maintain themselves by a more + honest and useful industry. +</p> +<p> + I hope, sir, those that think this law for the preservation of their + amusement, rational and just, will have at least the same regard to the + defence of their country, and will not think their venison deserves + greater solicitude than their fortunes and their liberties. +</p> +<p> + Nor is it difficult, sir, to produce instances of the exercise of this + power, for the end which is now proposed, without any consequences that + should discourage us from repeating the experiment. I have now in my + hand a letter, by which the mayor and aldermen of Bristol are empowered + to seize all the sailors within the bounds of their jurisdiction, which + order was executed without any outcries of oppression, or apprehensions + of the approach of slavery. +</p> +<p> + That this law, sir, will be always executed with the strictest + impartiality, and without the least regard to any private purposes, + cannot, indeed, be demonstratively proved; every law may possibly be + abused by a combination of profligates; but it must, I think, be + granted, that it is drawn up with all the caution that reason, or + justice, or the corruption of the present age requires. I know not what + can be contrived better than an association of men, unlikely to concur + in their views and interests—a justice of the peace, a lieutenant of a + ship, and a commissioner of the navy—three men, probably unknown to + each other, and of which no one will be at all solicitous to desire the + rest to unite to commit a crime, to which no temptation can be readily + imagined. +</p> +<p> + This caution, sir, which cannot but be approved, and which surely is + some proof of judgment and consideration, ought, in my opinion, to have + exempted the bill, and those by whose assistance it was drawn up, from + the reproachful and indecent charge of absurdity, ignorance, and + incapacity; terms which the dignity of this assembly does not admit, + even when they are incontestably just, and which surely ought not to be + made use of when the question is of a doubtful nature. +</p> +<p> + The gentlemen, sir, who are now intrusted with publick employments, have + never yet discovered that they are inferiour to their predecessors in + knowledge or integrity; nor do their characters suffer any diminution by + a comparison with those who vilify and traduce them. +</p> +<p> + Those, sir, that treat others with such licentious contempt, ought + surely to give some illustrious proof of their own abilities; and yet if + we examine what has been produced on this question, we shall find no + reason to admire their sagacity or their knowledge. +</p> +<p> + We have been told, sir, that the fleet might properly be manned by a + detachment from the army; but it has not been proved that we have any + superfluous forces in the kingdom, nor, indeed, will our army be found + sufficiently numerous, if, by neglecting to equip our fleet, we give our + enemies an opportunity of entering our country. +</p> +<p> + If it be inquired what necessity there is for our present forces? What + expeditions are designed? Or what dangers are feared? I shall not think + it my duty to return any answer. It is, sir, the great unhappiness of + our constitution, that our determinations cannot be kept secret, and + that our enemies may always form conjectures of our designs, by knowing + our preparations; but surely more is not to be published than necessity + extorts, and the government has a right to conceal what it would injure + the nation to discover. +</p> +<p> + Nor can I, sir, approve the method of levying sailors by the incitement + of an exorbitant reward, a reward to be augmented at the pleasure of + those who are to receive it. For what can be the consequence of such + prodigality, but that those to whom the largest sum is offered, will yet + refuse their service in expectation of a greater. The reward already + proposed is, in my opinion, the utmost stretch of liberality; and all + beyond may be censured as profusion. +</p> +<p> + It is not to be imagined, sir, that all these objections were not made, + and answered, in the reign of the late queen, when a bill of the same + nature was proposed; they were answered, at least, by the necessity of + those times, which necessity has now returned upon us. +</p> +<p> + We do not find that it produced any consequences so formidable and + destructive, that they should for ever discourage us from attempting to + raise forces by the same means; it was then readily enacted, and + executed without opposition, and without complaints; nor do I believe + that any measures can be proposed of equal efficacy, and less severity. +</p> +<p> + Mr. SANDYS replied, in substance as follows:—Sir, whether the + precedents produced in defence of this bill, will have more weight than + the arguments, must be shown by a careful examination, which will + perhaps discover that the order sent to the magistrates of Bristol + conveyed no new power, nor such as is, in any respect, parallel to that + which this bill is intended to confer. +</p> +<p> + They were only enjoined to inquire with more than usual strictness, + after strollers and vagabonds, such as the law has always subjected to + punishment, and send them to the fleet, instead of any other place of + correction; a method which may now be pursued without danger, + opposition, or complaint. +</p> +<p> + But for my part, I am not able, upon the closest attention to the + present scene of affairs, to find out the necessity of extraordinary + methods of any kind. The fears of an invasion from France, are, in my + opinion, sir, merely chimerical; from their fleet in America the coasts + of Britain have nothing to fear, and after the numerous levies of seamen + by which it was fitted out, it is not yet probable that they can + speedily send out another. We know, sir, that the number of seamen + depends upon the extent of commerce, and surely there is as yet no such + disproportion between their trade and ours, as that they should be able + to furnish out a naval armament with much greater expedition than + ourselves. +</p> +<p> + In America our forces are at least equal to theirs, so that it is not + very probable, that after the total destruction of our fleet by them, + they should be so little injured, as to be able immediately to set sail + for the channel, and insult us in our own ports; to effect this, sir, + they must not only conquer us, but conquer us without resistance. +</p> +<p> + If they do not interrupt us in our attempts, nor expose themselves to an + engagement, they may, indeed, return without suffering great damages, + but I know not how they can leave the shores of America unobserved, or + pour an unexpected invasion upon us. If they continue there, sir, they + cannot hurt as, and when they return, we may prepare for their + reception. +</p> +<p> + There are men, I know, sir, who have reason to think highly of the + French policy, and whose ideas may be exalted to a belief that they can + perform impossibilities; but I have not yet prevailed upon myself to + conceive that they can act invisibly, or that they can equip a fleet by + sorcery, collect an army in a moment, and defy us on our own coast, + without any perceptible preparations. +</p> +<p> + Then admiral WAGER spoke thus:—The calamities produced by discord and + contention, need not to be pointed out; but it may be proper to reflect + upon the consequences of a house divided against itself, that we may + endeavour to avoid them. +</p> +<p> + Unanimity is produced by nothing more powerfully than by impending + danger, and, therefore, it may be useful to show those who seem at + present in profound security, that the power of France is more + formidable than they are willing to allow. +</p> +<p> + My age, sir, enables me to remember many transactions of the wars in the + late reigns, to which many gentlemen are strangers, or of which they + have only imperfect ideas from history and tradition. +</p> +<p> + In the second year of the reign of William, the French gained a victory + over the united fleets of the maritime powers, which gave them, for the + summer following, the dominion of the Channel, enabled them to shut up + our merchants in their ports, and produced a total suspension of our + commerce. +</p> +<p> + Those, sir, to whom the importance of trade is so well known, will + easily apprehend the weight of this calamity, and will, I hope, reject + no measures that have a manifest tendency to prevent it. +</p> +<p> + Our ships, sir, do not lie useless because there is any want of seamen + in the nation, but because any service is preferred to that of the + publick. +</p> +<p> + There are now, to my knowledge, in one town on the west coast, no fewer + than twelve hundred sailors, of which surely a third part may be justly + claimed by the publick interest; nor do I know why they who obstinately + refuse to serve their country, should be treated with so much + tenderness. It is more reasonable that they should suffer by their + refusal, than that the general happiness should be endangered. +</p> +<p> + Mr. SOUTHWELL spoke next, to the following purpose:—Sir, when any + authority shall be lodged in my hands, to be exercised for the publick + benefit, I shall always endeavour to exert it with honesty and + diligence; but will never be made the instrument of oppression, nor + execute any commission of tyranny or injustice. +</p> +<p> + As, therefore, the power of searching is to be placed in the hands of + justices of the peace, I think it necessary to declare, that I will + never perform so hateful a part of the office, and that if this bill + becomes a law, I will retire from the place to which my authority is + limited, rather than contribute to the miseries of my fellow-subjects. +</p> +<p> + Mr. LITTLETON spoke as follows:—Sir, all the arguments which have been + offered in support of this bill, are reduced at last to one constant + assertion of the necessity of passing it. +</p> +<p> + We have been told, sir, with great acuteness, that a war cannot be + carried on without men, and that ships are useless without sailors; and + from thence it is inferred that the bill is necessary. +</p> +<p> + That forces are by some means necessary to be raised, the warmest + opponents of the bill will not deny, but they cannot, therefore, allow + the inference, that the methods now proposed are necessary. +</p> +<p> + They are of opinion, sir, that cruel and oppressive measures can never + be justified, till all others have been tried without effect; they think + that the law, when it was formerly passed, was unjust, and are + convinced, by observing that it never was revived, and that it was by + experience discovered to be useless. +</p> +<p> + Necessity, absolute necessity, is a formidable sound, and may terrify + the weak and timorous into silence and compliance; but it will be found, + upon reflection, to be often nothing but an idle feint, to amuse and to + delude us, and that what is represented as necessary to the publick, is + only something convenient to men in power. +</p> +<p> + Necessity, sir, has, heretofore, been produced as a plea for that which + could be no otherwise defended. In the days of Charles the first, + ship-money was declared to be legal, because it was necessary. Such was + the reasoning of the lawyers, and the determination of the judges; but + the senate, a senate of patriots! without fear, and without corruption, + and influenced only by a sincere regard for the publick, were of a + different opinion, and neither admitted the lawfulness nor necessity. +</p> +<p> + It will become us, on this occasion, to act with equal vigour, and + convince our countrymen, that we proceed upon the same principles, and + that the liberties of the people are our chief care. +</p> +<p> + I hope we shall unite in defeating any attempts that may impair the + rights which every Briton boasts as his birthright, and reject a law + which will be equally dreaded and detested with the inquisition of + Spain. +</p> +<p> + Sir William YONGE spoke next, to this effect:—Sir, though many + particular clauses of this bill have been disapproved and opposed, some + with more, and some with less reason, yet the committee has hitherto + agreed that a bill for this purpose is necessary in the present state of + our affairs; upon this principle we have proceeded thus far, several + gentlemen have proposed their opinions, contributed their observations, + and laboured as in an affair universally admitted to be of high + importance to the general prosperity. +</p> +<p> + But now, sir, when some of the difficulties are surmounted, some + expedients luckily struck out, some objections removed, and the great + design brought nearer to execution, we are on a sudden informed, that + all our labour is superfluous, that we are amusing ourselves with + useless consultations, providing against calamities that can never + happen, and raising bulwarks without an enemy; that, therefore, the + question before us is of no importance, and the bill ought, without + farther examination, to be totally rejected. +</p> +<p> + I suppose, sir, I shall be readily believed, when I declare that I shall + willingly admit any arguments that may evince our safety; but, in + proportion as real freedom from danger is to be desired, a supine and + indolent neglect of it is to be dreaded and avoided; and I cannot but + fear that our enemies are more formidable, and more malicious, than the + gentlemen that oppose this bill have represented them. +</p> +<p> + This bill can only be opposed upon the supposition that it gives a + sanction to severities, more rigorous than our present circumstances + require; for nothing can be more fallacious or invidious than a + comparison of this law with the demand of ship-money, a demand contrary + to all law, and enforced by the manifest exertion of arbitrary power. +</p> +<p> + How has the conduct of his present majesty any resemblance with that of + Charles the first? Is any money levied by order of the council? Are the + determinations of the judges set in opposition to the decrees of the + senate? Is any man injured in his property by an unlimited extension of + the prerogative? or any tribunal established superiour to the laws of + the nation? +</p> +<p> + To draw parallels, sir, where there is no resemblance; and to accuse, by + insinuations, where there is no shadow of a crime; to raise outcries + when no injury is attempted; and to deny a real necessity because it was + once pretended for a bad purpose; is surely not to advance the publick + service, which can be promoted only by just reasonings, and calm + reflections, not by sophistry and satire, by insinuations without + ground, and by instances beside the purpose. +</p> +<p> + Mr. LITTLETON answered:—Sir, true zeal for the service of the publick + is never discovered by collusive subterfuges and malicious + representations; a mind, attentive to the common good, would hardly, on + an occasion like this, have been at leisure to pervert an harmless + illustration, and extract disaffection from a casual remark. +</p> +<p> + It is, indeed, not impossible, sir, that I might express myself + obscurely; and it may be, therefore, necessary to declare that I + intended no disrespectful reflection on the conduct of his majesty; but + must observe, at the same time, that obscure or inaccurate expressions + ought always to be interpreted in the most inoffensive meaning, and that + to be too sagacious in discovering concealed insinuations, is no great + proof of superiour integrity. +</p> +<p> + Wisdom, sir, is seldom captious, and honesty seldom suspicious; a man + capable of comprehending the whole extent of a question, disdains to + divert his attention by trifling observations; and he that is above the + practice of little arts, or the motions of petty malice, does not easily + imagine them incident to another. +</p> +<p> + That in the question of ship-money necessity was pretended, cannot be + denied; and, therefore, all that I asserted, which was only that the + nation had been once terrified without reason, by the formidable sound + of necessity, is evident and uncontested. +</p> +<p> + When a fraud has once been practised, it is of use to remember it, that + we may not twice be deceived by the same artifice; and, therefore, I + mentioned the plea of necessity, that it may be inquired whether it is + now more true than before. +</p> +<p> + That the senate, sir, and not the judges, is now applied to, is no proof + of the validity of the arguments which have been produced; for in the + days of ship-money, the consent of the senate had been asked, had there + been any prospect of obtaining it; but the court had been convinced, by + frequent experiments, of the inflexibility of the senate, and despaired + of influencing them by prospects of advantage, or intimidating them by + frowns or menaces. +</p> +<p> + May this and every future senate imitate their conduct, and, like them, + distinguish between real and pretended necessity; and let not us be + terrified, by idle clamours, into the establishment of a law at once + useless and oppressive. +</p> +<p> + Sir William YONGE replied:—Sir, that I did not intend to misrepresent + the meaning of the honourable gentleman, I hope it is not necessary to + declare; and that I have, in reality, been guilty of any + misrepresentation, I am not yet convinced. If he did not intend a + parallel between ship-money and the present bill, to what purpose was + his observation? and if he did intend it, was it not proper to show + there was no resemblance, and that all which could be inferred from it + was, therefore, fallacious and inconclusive? +</p> +<p> + Nor do I only differ, sir, in opinion with the honourable gentleman with + relation to his comparison of measures, which have nothing in common + with each other; but will venture to declare, that he is not more + accurate in his citations from history. The king did not apply to the + judges, because the senate would not have granted him the money that he + demanded, but because his chief ambition was to govern the nation by the + prerogative alone, and to free himself and his descendants from + senatorial inquiries. +</p> +<p> + That this account, sir, is just, I am confident the histories of those + times will discover; and, therefore, any invidious comparison between + that senate and any other, is without foundation in reason or in truth. +</p> +<p> + Mr. BATHURST spoke as follows:—Sir, that this law will easily admit, in + the execution of it, such abuses as will overbalance the benefits, may + readily be proved; and it will not be consistent with that regard to the + publick, expected from us by those whom we represent, to enact a law + which may probably become an instrument of oppression. +</p> +<p> + The servant by whom I am now attended, may be termed, according to the + determination of the vindicators of this bill, a seafaring man, having + been once in the West Indies; and he may, therefore, be forced from my + service, and dragged into a ship, by the authority of a justice of the + peace, perhaps of some abandoned prostitute, dignified with a commission + only to influence elections, and awe those whom excises and riot-acts + cannot subdue. +</p> +<p> + I think it, sir, not improper to declare, that I would by force oppose + the execution of a law like this; that I would bar my doors and defend + them; that I would call my neighbours to my assistance; and treat those + who should attempt to enter without my consent, as thieves, ruffians, + and murderers. +</p> +<p> + Lord GAGE spoke to this effect:—Sir, it is well known that by the laws + of this nation, poverty is, in some degree, considered as a crime, and + that the debtor has only this advantage over the felon, that he cannot + be pursued into his dwelling, nor be forced from the shelter of his own + house. +</p> +<p> + I think it is universally agreed, that the condition of a man in debt is + already sufficiently miserable, and that it would be more worthy of the + legislative power to contrive alleviations of his hardships, than + additions to them; and it seems, therefore, no inconsiderable objection + to this bill, that, by conferring the power of entering houses by force, + it may give the harpies of the law an opportunity of entering, in the + tumult of an impress, and of dragging a debtor to a noisome prison, + under pretence of forcing sailors into the service of the crown. +</p> +<p> + Mr. TRACEY then said:—Sir, that some law for the ends proposed by the + bill before us, is necessary, I do not see how we can doubt, after the + declarations of the admirals, who are fully acquainted with the service + for which provision is to be made; and of the ministry, whose knowledge + of the present state of our own strength, and the designs of our + enemies, is, doubtless, more exact than they can acquire who are not + engaged in publick employments. +</p> +<p> + If, therefore, the measures now proposed are necessary, though they may + not be agreeable to the present dispositions of the people, for whose + preservation they are intended, I shall think it my duty to concur in + them, that the publick service may not be retarded, nor the safety of a + whole nation hazarded, by a scrupulous attention to minute objections. +</p> +<p> + Mr. CAMPBELL spoke as follows:—Sir, I have often, amidst my elogies on + British liberty, and my declarations of the excellence of our + constitution, the impartiality of our government, and the efficacy of + our laws, been reproached by foreigners with the practice of impresses, + as a hardship which would raise a rebellion in absolute monarchies, and + kindle those nations into madness, that have, for many ages, known no + other law than the will of their princes. A hardship which includes + imprisonment and slavery, and to which, therefore, no aggravations ought + to be added. +</p> +<p> + But if justice and reason, sir, are to be overborne by necessity; if + necessity is to stop our ears against the complaints of the oppressed, + and harden our hearts at the sight of their misery, let it, at least, + not destroy our memories, nor deprive us of the advantages of + experience. +</p> +<p> + Let us inquire, sir, what were the effects of this hateful authority + when it was formerly consigned to the magistrates. Were our fleets + manned in an instant? were our harbours immediately crowded with + sailors? did we surprise our enemies by our expedition, and make + conquests before an invasion could be suspected? I have heard, sir, of + no such consequences, nor of any advantages which deserved to be + purchased by tyranny and oppression. We have found that very few were + procured by the magistrates, and the charge of seizing and conveying was + very considerable; and, therefore, cannot but conclude that illegal + measures, which have been once tried without success, should, for a + double reason, never be revived. +</p> +<p> + Sir John BARNARD spoke to this effect:—Sir, it is not without regret + that I rise so often on this occasion: for to dispute with those whose + determinations are not influenced by reason, is a ridiculous task, a + tiresome labour, without prospect of reward. +</p> +<p> + But, as an honourable gentleman has lately remarked, that by denying the + necessity of the bill, instead of making objections to particular + clauses, the whole design of finding expedients to supply the sea + service is at once defeated; I think it necessary to remind him, that I + have made many objections to this bill, and supported them by reasons + which have not yet been answered. But I shall now no longer confine my + remarks to single errours, but observe that there is one general defect, + by which the whole bill is made absurd and useless. +</p> +<p> + For the foundation of a law like this, sir, the description of a seaman + ought to be accurately laid down, it ought to be declared what acts + shall subject him to that denomination, and by what means, after having + once enlisted himself in this unhappy class of men, he may withdraw into + a more secure and happy state of life. +</p> +<p> + Is a man, who has once only lost sight of the shore, to be for ever + hunted as a seaman? Is a man, who, by traffick, has enriched a family, + to be forced from his possessions by the authority of an impress? Is a + man, who has purchased an estate, and built a seat, to solicit the + admiralty for a protection from the neighbouring constable? Such + questions as these, sir, may be asked, which the bill before us will + enable no man to answer. +</p> +<p> + If a bill for this purpose be truly necessary, let it, at least, be + freed from such offensive absurdities; let it be drawn up in a form as + different as is possible from that of the bill before us; and, at last, + I am far from imagining that a law will be contrived not injurious to + individuals, nor detrimental to the publick; not contrary to the first + principles of our establishment, and not loaded with folly and + absurdities. +</p> +<p> + Mr. VYNER then spoke:—Sir, a definition of a seaman is so necessary in + a bill for this purpose, that the omission of it will defeat all the + methods that can be suggested. How shall a law be executed, or a penalty + inflicted, when the magistrate has no certain marks whereby he may + distinguish a criminal? and when even the man that is prosecuted may not + be conscious of guilt, or know that the law extended to him, which he is + charged with having offended. +</p> +<p> + If, in defining a seaman on the present occasion, it be thought proper + to have any regard to the example of our predecessors, whose wisdom has, + in this debate, been so much magnified; it may be observed, that a + seaman has been formerly defined, a man who haunts the seas; a + definition which seems to imply habit and continuance, and not to + comprehend a man who has, perhaps, never gone more than a single voyage. +</p> +<p> + But though this definition, sir, should be added to the amendments + already proposed, and the bill thereby be brought somewhat nearer to the + constitutional principles of our government; I cannot yet think it so + much rectified, as that the hardships will not outweigh the benefits, + and, therefore, shall continue to oppose the bill, though to some + particular clauses I have no objection. +</p> +<p> + [The term <i>seafaring man</i> was left out, and the several amendments were + admitted in the committee, but the clauses themselves, to the number of + eleven, were given up on the report.] +</p> +<center> + HOUSE OF COMMONS, MARCH 10, 1740-1. +</center> +<p> + The commons resolved their house into a committee, to consider the bill + for the encouragement of sailors, when admiral WAGER offered a clause, + by which it was to be enacted, "That no merchants, or bodies corporate + or politick, shall hire sailors at higher wages than thirty-five + shillings for the month, on pain of forfeiting the treble value of the + sum so agreed for;" which law was to commence after fifteen days, and + continue for a time to be agreed on by the house: and then spoke to the + following purpose:— +</p> +<p> + Sir, the necessity of this clause must be so apparent to every gentleman + acquainted with naval and commercial affairs, that as no opposition can + be apprehended, very few arguments will be requisite to introduce it. +</p> +<p> + How much the publick calamities of war are improved by the sailors to + their own private advantage; how generally they shun the publick + service, in hopes of receiving exorbitant wages from the merchants; and + how much they extort from the merchants, by threatening to leave their + service for that of the crown, is universally known to every officer of + the navy, and every commander of a trading vessel. +</p> +<p> + A law, therefore, sir, to restrain them in time of war from such + exorbitant demands; to deprive them of those prospects which have often + no other effect than to lull them in idleness, while they skulk about in + expectation of higher wages; and to hinder them from deceiving + themselves, embarrassing the merchants, and neglecting the general + interest of their country, is undoubtedly just. It is just, sir, because + in regard to the publick it is necessary to prevent the greatest + calamity that can fall upon a people, to preserve us from receiving laws + from the most implacable of our enemies; and it is just, because with + respect to particular men it has no tendency but to suppress idleness, + fraud, and extortion. +</p> +<p> + Mr. Henby FOX spoke next:—Sir, I have no objection to any part of this + clause, except the day proposed for the commencement: to make a law + against any pernicious practice, to which there are strong temptations, + and to give those whose interest may incite them to it, time to effect + their schemes, before the law shall begin to operate, seems not very + consistent with wisdom or vigilance. +</p> +<p> + It is not denied, sir, that the merchants are betrayed by that regard to + private interest which prevails too frequently over nobler views, to + bribe away from the service of the crown, by large rewards, those + sailors whose assistance is now so necessary to the publick; and, + therefore, it is not to be imagined that they will not employ their + utmost diligence to improve the interval which the bill allows in making + contracts for the ensuing, year, and that the sailors will not eagerly + engage themselves before this law shall preclude their prospects of + advantage. +</p> +<p> + As, therefore, to make no law, and to make a law that will not be + observed, is in consequence the same; and the time allowed by the + clause, as it now stands, may make the whole provision ineffectual; it + is my opinion, that either it ought to begin to operate to-morrow, or + that we ought to leave the whole affair in its present state. +</p> +<p> + Then sir Robert WALPOLE spoke as follows:—Sir, nothing has a greater + appearance of injustice, than to punish men by virtue of laws, with + which they were not acquainted; the law, therefore, is always supposed + to be known by those who have offended it, because it is the duty of + every man to know it; and certainly it ought to be the care of the + legislature, that those whom a law will affect, may have a possibility + of knowing it, and that those may not be punished for failing in their + duty, whom nothing but inevitable ignorance has betrayed into offence. +</p> +<p> + But if the operation of this law should commence to-morrow, what numbers + may break it, and suffer by the breach of it involuntarily, and without + design; and how shall we vindicate ourselves from having been accessory + to the crime which we censure and punish? +</p> +<p> + Mr. FOX replied:—Sir, I shall not urge in defence of my motion what is + generally known, and has been frequently inculcated in all debates upon + this bill, that private considerations ought always to give way to the + necessities of the publick; for I think it sufficient to observe, that + there is a distinction to be made between punishments and restraints, + and that we never can be too early in the prevention of pernicious + practices, though we may sometimes delay to punish them. +</p> +<p> + The law will be known to-morrow, to far the greatest number of those who + may be tempted to defeat it; and if there be others that break it + ignorantly, how will they find themselves injured by being only obliged + to pay less than they promised, which is all that I should propose + without longer warning. The debate upon this particular, will be at + length reduced to a question, whether a law for this purpose is just and + expedient? If a law be necessary, it is necessary that it should be + executed; and it can be executed only by commencing to-morrow. +</p> +<p> + Lord BALTIMORE spoke thus:—Sir, it appears to me of no great importance + how soon the operation of the law commences, or how long it is delayed, + because I see no reason for imagining that it will at any time produce + the effects proposed by it. +</p> +<p> + It has been the amusement, sir, of a great part of my life, to converse + with men whose inclinations or employments have made them well + acquainted with maritime affairs, and amidst innumerable other schemes + for the promotion of trade, have heard some for the regulation of wages + in trading ships; schemes, at the first appearance plausible and likely + to succeed, but, upon a nearer inquiry, evidently entangled with + insuperable difficulties, and never to be executed without danger of + injuring the commerce of the nation. +</p> +<p> + The clause, sir, now before us contains, in my opinion, one of those + visionary provisions, which, however infallible they may appear, will be + easily defeated, and will have no other effect than to promote cunning + and fraud, and to teach men those acts of collusion, with which they + would otherwise never have been acquainted. +</p> +<p> + Mr. LODWICK spoke to this effect:—Sir, I agree with the honourable + gentleman by whom this clause has been offered, that the end for which + it is proposed, is worthy of the closest attention of the legislative + power, and that the evils of which the prevention is now endeavoured, + may in some measure not only obstruct our traffick, but endanger our + country; and shall therefore very readily concur in any measures for + this purpose, that shall not appear either unjust or ineffectual. +</p> +<p> + Whether this clause will be sufficient to restrain all elusive + contracts, and whether all the little artifices of interest are + sufficiently obviated, I am yet unable to determine; but by a reflection + upon the multiplicity of relations to be considered, and the variety of + circumstances to be adjusted in a provision of this kind, I am inclined + to think that, it is not the business of a transient inquiry, or of a + single clause, but that it will demand a separate law, and engage the + deliberation and regard of this whole assembly. +</p> +<p> + Sir John BARNARD said:—Sir, notwithstanding the impatience and + resentment with which some men see their mistakes and ignorance + detected; notwithstanding the reverence which negligence and haste are + said to be entitled to from this assembly, I shall declare once more, + without the apprehension of being confuted, that this bill was drawn up + without consideration, and is defended without being understood; that + after all the amendments which have been admitted, and all the additions + proposed, it will be oppressive and ineffectual, a chaos of absurdities, + and a monument of ignorance. +</p> +<p> + Sir Robert WALPOLE replied:—Sir, the present business of this assembly + is to examine the clause before us; but to deviate from so necessary an + inquiry into loud exclamations against the whole bill, is to obstruct + the course of the debate, to perplex our attention, and interrupt the + senate in its deliberation upon questions, in the determination of which + the security of the publick is nearly concerned. +</p> +<p> + The war, sir, in which we are now engaged, and, I may add, engaged by + the general request of the whole nation, can be prosecuted only by the + assistance of the seamen, from whom it is not to be expected that they + will sacrifice their immediate advantage to the security of their + country. Publick spirit, where it is to be found, is the result of + reflection, refined by study and exalted by education, and is not to be + hoped for among those whom low fortune has condemned to perpetual + drudgery. It must be, therefore, necessary to supply the defects of + education, and to produce, by salutary coercions, those effects which it + is vain to expect from other causes. +</p> +<p> + That the service of the sailors will be set up to sale by auction, and + that the merchants will bid against the government, is incontestable; + nor is there any doubt that they will be able to offer the highest + price, because they will take care to repay themselves by raising the + value of their goods. Thus, without some restraint upon the merchants, + our enemies, who are not debarred by their form of government from any + method which policy can invent, or absolute power put in execution, will + preclude all our designs, and set at defiance a nation superiour to + themselves. +</p> +<p> + Sir John BARNARD then said:—Sir, I think myself obliged by my duty to + my country, and by my gratitude to those by whose industry we are + enriched, and by whose courage we are defended, to make, once more, a + declaration, not against particular clauses, not against single + circumstances, but against the whole bill; a bill unjust and oppressive, + absurd and ridiculous; a bill to harass the industrious and distress the + honest, to puzzle the wise and add power to the cruel; a bill which + cannot be read without astonishment, nor passed without the violation of + our constitution, and an equal disregard of policy and humanity. +</p> +<p> + All these assertions will need to be proved only by a bare perusal of + this hateful bill, by which the meanest, the most worthless reptile, + exalted to a petty office by serving a wretch only superiour to him in + fortune, is enabled to flush his authority by tyrannising over those who + every hour deserve the publick acknowledgments of the community; to + intrude upon the retreats of brave men, fatigued and exhausted by honest + industry, to drag them out with all the wantonness of grovelling + authority, and chain them to the oar without a moment's respite, or + perhaps oblige them to purchase, with the gains of a dangerous voyage, + or the plunder of an enemy lately conquered, a short interval to settle + their affairs, or bid their children farewell. +</p> +<p> + Let any gentleman in this house, let those, sir, who now sit at ease, + projecting laws of oppression, and conferring upon their own slaves such + licentious authority, pause a few moments, and imagine themselves + exposed to the same hardships by a power superiour to their own; let + them conceive themselves torn from the tenderness and caresses of their + families by midnight irruptions, dragged in triumph through the streets + by a despicable officer, and placed under the command of those by whom + they have, perhaps, been already oppressed and insulted. Why should we + imagine that the race of men for whom those cruelties are preparing, + have less sensibility than ourselves? Why should we believe that they + will suffer without complaint, and be injured without resentment? Why + should we conceive that they will not at once deliver themselves, and + punish their oppressors, by deserting that country where they are + considered as felons, and laying hold on those rewards and privileges + which no other government will deny them? +</p> +<p> + This is, indeed, the only tendency, whatever may have been the intention + of the bill before us; for I know not whether the most refined sagacity + can discover any other method of discouraging navigation than those + which are drawn together in the bill before us. We first give our + constables an authority to hunt the sailors like thieves, and drive + them, by incessant pursuit, out of the nation; but lest any man should + by friendship, good fortune, or the power of money, find means of + staying behind, we have with equal wisdom condemned him to poverty and + misery; and lest the natural courage of his profession should incite him + to assist his country in the war, have contrived a method of precluding + him from any advantage that he might have the weakness to hope from his + fortitude and diligence. What more can be done, unless we at once + prohibit to seamen the use of the common elements, or doom them to a + general proscription. +</p> +<p> + It is just that advantage, sir, should be proportioned to the hazard by + which it is to be obtained, and, therefore, a sailor has an honest claim + to an advance of wages in time of war; it is necessary to excite + expectation, and to fire ambition by the prospect of great acquisitions, + and by this prospect it is that such numbers are daily allured to naval + business, and that our privateers are filled with adventurers. The large + wages which war makes necessary, are more powerful incentives to those + whom impatience of poverty determines to change their state of life, + than the secure gains of peaceful commerce; for the danger is overlooked + by a mind intent upon the profit. +</p> +<p> + War is the harvest of a sailor, in which he is to store provisions for + the winter of old age, and if we blast this hope, he will inevitably + sink into indolence and cowardice. +</p> +<p> + Many of the sailors are bred up to trades, or capable of any laborious + employment upon land; nor is there any reason for which they expose + themselves to the dangers of a seafaring life, but the hope of sudden + wealth, and some lucky season in which they may improve their fortunes + by a single effort. Is it reasonable to believe that all these will not + rather have recourse to their former callings, and live in security, + though not in plenty, than encounter danger and poverty at once, and + face an enemy without any prospect of recompense? +</p> +<p> + Let any man recollect the ideas that arose in his mind upon hearing of a + bill for encouraging and increasing sailors, and examine whether he had + any expectation of expedients like these. I suppose it was never known + before, that men were to be encouraged by subjecting them to peculiar + penalties, or that to take away the gains of a profession, was a method + of recommending it more generally to the people. +</p> +<p> + But it is not of very great importance to dwell longer upon the + impropriety of this clause, which there is no possibility of putting in + execution. That the merchants will try every method of eluding a law so + prejudicial to their interest, may be easily imagined, and a mind not + very fruitful of evasions, will discover that this law may be eluded by + a thousand artifices. If the merchants are restrained from allowing men + their wages beyond a certain sum, they will make contracts for the + voyage, of which the time may very easily be computed, they may offer a + reward for expedition and fidelity, they may pay a large sum by way of + advance, they may allow the sailors part of the profits, or may offer + money by a third hand. To fix the price of any commodity, of which the + quantity and the use may vary their proportions, is the most excessive + degree of ignorance. No man can determine the price of corn, unless he + can regulate the harvest, and keep the number of the people for ever at + a stand. +</p> +<p> + But let us suppose these methods as efficacious as their most sanguine + vindicators are desirous of representing them, it does not yet appear + that they are necessary, and to inflict hardships without necessity, is + by no means the practice of either wisdom or benevolence. To tyrannise + and compel is the low pleasure of petty capacities, of narrow minds, + swelled with the pride of uncontroulable authority, the wantonness of + wretches who are insensible of the consequences of their own actions, + and of whom candour may, perhaps, determine, that they are only cruel + because they are stupid. Let us not exalt into a precedent the most + unjust and rigorous law of our predecessors, of which they themselves + declared their repentance, or confessed the inefficacy, by never + reviving it; let us rather endeavour to gain the sailors by lenity and + moderation, and reconcile them to the service of the crown by real + encouragements; for it is rational to imagine, that in proportion as men + are disgusted by injuries, they will be won by kindness. +</p> +<p> + There is one expedient, sir, which deserves to be tried, and from which, + at least, more success may be hoped than from cruelty, hunger, and + persecution. The ships that are now to be fitted out for service, are + those of the first magnitude, which it is usual to bring back into the + ports in winter. Let us, therefore, promise to all seamen that shall + voluntarily engage in them, besides the reward already proposed, a + discharge from the service at the end of six or seven months. By this + they will be released from their present dread of perpetual slavery, and + be certain, as they are when in the service of the merchants, of a + respite from their fatigues. The trade of the nation will be only + interrupted for a time, and may be carried on in the winter months, and + large sums will be saved by dismissing the seamen when they cannot be + employed. +</p> +<p> + By adding this to the other methods of encouragement, and throwing aside + all rigorous and oppressive schemes, the navy may easily be manned, our + country protected, our commerce reestablished, and our enemies subdued; + but to pass the bill as it now stands, is to determine that trade shall + cease, and that no ship shall sail out of the river. +</p> +<p> + Mr. PITT spoke to the following purport:—Sir, it is common for those to + have the greatest regard to their own interest who discover the least + for that of others. I do not, therefore, despair of recalling the + advocates of this bill from the prosecution of their favourite measures, + by arguments of greater efficacy than those which are founded on reason + and justice. +</p> +<p> + Nothing, sir, is more evident, than that some degree of reputation is + absolutely necessary to men who have any concern in the administration + of a government like ours; they must either secure the fidelity of their + adherents by the assistance of wisdom, or of virtue; their enemies must + either be awed by their honesty, or terrified by their cunning. Mere + artless bribery will never gain a sufficient majority to set them + entirely free from apprehensions of censure. To different tempers + different motives must be applied: some, who place their felicity in + being accounted wise, are in very little care to preserve the character + of honesty; others may be persuaded to join in measures which they + easily discover to be weak and ill-concerted, because they are convinced + that the authors of them are not corrupt but mistaken, and are unwilling + that any man should be punished for natural defects or casual ignorance. +</p> +<p> + I cannot say, sir, which of these motives influences the advocates for + the bill before us; a bill in which such cruelties are proposed as are + yet unknown among the most savage nations, such as slavery has not yet + borne, or tyranny invented, such as cannot be heard without resentment, + nor thought of without horrour. +</p> +<p> + It is, sir, perhaps, not unfortunate, that one more expedient has been + added, rather ridiculous than shocking, and that these tyrants of the + administration, who amuse themselves with oppressing their + fellow-subjects, who add without reluctance one hardship to another, + invade the liberty of those whom they have already overborne with taxes, + first plunder and then imprison, who take all opportunities of + heightening the publick distresses, and make the miseries of war the + instruments of new oppressions, are too ignorant to be formidable, and + owe their power not to their abilities, but to casual prosperity, or to + the influence of money. +</p> +<p> + The other clauses of this bill, complicated at once with cruelty and + folly, have been treated with becoming indignation; but this may be + considered with less ardour of resentment, and fewer emotions of zeal, + because, though, perhaps, equally iniquitous, it will do no harm; for a + law that can never be executed can never be felt. +</p> +<p> + That it will consume the manufacture of paper, and swell the books of + statutes, is all the good or hurt that can be hoped or feared from a law + like this; a law which fixes what is in its own nature mutable, which + prescribes rules to the seasons and limits to the wind. I am too well + acquainted, sir, with the disposition of its two chief supporters, to + mention the contempt with which this law will be treated by posterity, + for they have already shown abundantly their disregard of succeeding + generations; but I will remind them, that they are now venturing their + whole interest at once, and hope they will recollect, before it is too + late, that those who believe them to intend the happiness of their + country, will never be confirmed in their opinion by open cruelty and + notorious oppression; and that those who have only their own interest in + view, will be afraid of adhering to those leaders, however old and + practised in expedients, however strengthened by corruption, or elated + with power, who have no reason to hope for success from either their + virtue or abilities. +</p> +<p> + Mr. BATHURST next spoke to this effect:—Sir, the clause now under our + consideration is so inconsiderately drawn up, that it is impossible to + read it in the most cursory manner, without discovering the necessity of + numerous amendments; no malicious subtilties or artful deductions are + required in raising objections to this part of the bill, they crowd upon + us without being sought, and, instead of exercising our sagacity, weary + our attention. +</p> +<p> + The first errour, or rather one part of a general and complicated + errour, is the computation of time, not by days, but by calendar months, + which, as they are not equal one to another, may embarrass the account + between the sailors and those that employ them. In all contracts of a + short duration, the time is to be reckoned by weeks and days, by certain + and regular periods, which has been so constantly the practice of the + seafaring men, that, perhaps, many of them do not know the meaning of a + calendar month: this, indeed, is a neglect of no great importance, + because no man can be deprived by it of more than the wages due for the + labour of a few days; but the other part of this clause is more + seriously to be considered, as it threatens the sailors with greater + injuries: for it is to be enacted, that all contracts made for more + wages than are here allowed shall be totally void. +</p> +<p> + It cannot be denied to be possible, and in my opinion it is very likely, + that many contracts will be made without the knowledge of this law, and + consequently without any design of violating it; but ignorance, + inevitable ignorance, though it is a valid excuse for every other man, + is no plea for the unhappy sailor; he must suffer, though innocent, the + penalty of a crime; must undergo danger, hardships, and labour, without + a recompense, and at the end of a successful voyage, after having + enriched his country by his industry, return home to a necessitous + family, without being able to relieve them. +</p> +<p> + It is scarcely necessary, sir, to raise any more objections to a clause + in which nothing is right; but, to show how its imperfections multiply + upon the slightest consideration, I take the opportunity to observe, + that there is no provision made for regulating the voyages performed in + less time than a month, so that the greatest part of the abuses, which + have been represented as the occasion of this clause, are yet without + remedy, and only those sailors who venture far, and are exposed to the + greatest dangers, are restrained from receiving an adequate reward. +</p> +<p> + Thus much, sir, I have said upon the supposition that a regulation of + the sailors' wages is either necessary or just; a supposition of which I + am very far from discovering the truth. That it is just to oppress the + most useful of our fellow-subjects, to load those men with peculiar + hardships to whom we owe the plenty that we enjoy, the power that yet + remains in the nation, and which neither the folly nor the cowardice of + ministers have yet been able to destroy, and the security in which we + now sit and hold our consultations; that it is just to lessen our + payments at a time when we increase the labour of those who are hired, + and to expose men to danger without recompense, will not easily be + proved, even by those who are most accustomed to paradoxes, and are + ready to undertake the proof of any position which it is their interest + to find true. +</p> +<p> + Nor is it much more easy to show the necessity of this expedient in our + present state, in which it appears from the title of the bill, that our + chief endeavour should be the increase and encouragement of sailors, + and, I suppose, it has not often been discovered, that by taking away + the profits of a profession greater numbers have been allured to it. +</p> +<p> + The high wages, sir, paid by merchants are the chief incitements that + prevail upon the ambitious, the necessitous, or the avaricious, to + forsake the ease and security of the land, to leave easy trades, and + healthful employments, and expose themselves to an element where they + are not certain of an hour's safety. The service of the merchants is the + nursery in which seamen are trained up for his majesty's navies, and + from thence we must, in time of danger, expect those forces by which + alone we can be protected. +</p> +<p> + If, therefore, it is necessary to encourage sailors, it is necessary to + reject all measures that may terrify or disgust them; and as their + numbers must depend upon our trade, let us not embarrass the merchants + with any other difficulties than those which are inseparable from war, + and which very little care has been hitherto taken to alleviate. +</p> +<p> + Mr. HAY replied:—Sir, the objections which have been urged with so much + ardour, and displayed with such power of eloquence, are not, in my + opinion, formidable enough to discourage us from prosecuting our + measures; some of them may be, perhaps, readily answered, and the rest + easily removed. +</p> +<p> + The computation of time, as it now stands, is allowed not to produce any + formidable evil, and therefore did not require so rhetorical a censure: + the inconveniency of calendar months may easily be removed by a little + candour in the contracting parties, or, that the objection may not be + repeated to the interruption of the debate, weeks or days may be + substituted, and the usual reckoning of the sailors be still continued. +</p> +<p> + That some contracts may be annulled, and inconveniencies or delays of + payment arise, is too evident to be questioned; but in that case the + sailor may have his remedy provided, and be enabled to obtain, by an + easy process, what he shall be judged to <i>have deserved</i>; for it must be + allowed reasonable, that every man who labours in honest and useful + employments, should receive the reward of his diligence and fidelity. +</p> +<p> + Thus, sir, may the clause, however loudly censured and violently + opposed, be made useful and equitable, and the publick service advanced + without injury to individuals. +</p> +<p> + Sir Robert WALPOLE next rose, and spoke as follows:—Sir, every law + which extends its influence to great numbers in various relations and + circumstances, must produce some consequences that were never foreseen + or intended, and is to be censured or applauded as the general + advantages or inconveniencies are found to preponderate. Of this kind is + the law before us, a law enforced by the necessity of our affairs, and + drawn up with no other intention than to secure the publick happiness, + and produce that success which every man's interest must prompt him to + desire. +</p> +<p> + If in the execution of this law, sir, some inconveniencies should arise, + they are to be remedied as fast as they are discovered, or if not + capable of a remedy, to be patiently borne, in consideration of the + general advantage. +</p> +<p> + That some temporary disturbances may be produced is not improbable; the + discontent of the sailors may, for a short time, rise high, and our + trade be suspended by their obstinacy; but obstinacy, however + determined, must yield to hunger, and when no higher wages can be + obtained, they will cheerfully accept of those which are here allowed + them. Short voyages, indeed, are not comprehended in the clause, and + therefore the sailors will engage in them upon their own terms, but this + objection can be of no weight with those that oppose the clause, + because, if it is unjust to limit the wages of the sailors, it is just + to leave those voyages without restriction; and those that think the + expedient here proposed equitable and rational, may, perhaps, be willing + to make some concessions to those who are of a different opinion. +</p> +<p> + That the bill will not remove every obstacle to success, nor add weight + to one part of the balance without making the other lighter; that it + will not supply the navy without incommoding the merchants in some + degree; that it may be sometimes evaded by cunning, and sometimes abused + by malice; and that at last it will be less efficacious than is desired, + may, perhaps, be proved; but it has not yet been proved that any other + measures are more eligible, or that we are not to promote the publick + service as far as we are able, though our endeavours may not produce + effects equal to our wishes. +</p> +<p> + Sir John BARNARD then spoke, to this effect:—Sir, I know not by what + fatality it is that nothing can be urged in defence of the clause before + us which does not tend to discover its weakness and inefficacy. The + warmest patrons of this expedient are impelled, by the mere force of + conviction, to such concessions as invalidate all their arguments, and + leave their opponents no necessity of replying. +</p> +<p> + If short voyages are not comprehended in this provision, what are we now + controverting? What but the expedience of a law that will never be + executed? The sailors, however they are contemned by those who think + them only worthy to be treated like beasts of burden, are not yet so + stupid but that they can easily find out, that to serve a fortnight for + greater wages is more eligible than to toil a month for less; and as the + numerous equipments that have been lately made have not left many more + sailors in the service of the merchants than may be employed in the + coasting trade, those who traffick to remoter parts, must shut up their + books and wait till the expiration of this act, for an opportunity of + renewing their commerce. +</p> +<p> + To regulate the wages for one voyage, and to leave another without + limitation, in time of scarcity of seamen, is absolutely to prohibit + that trade which is so restrained, and is, doubtless, a more effectual + embargo than has been yet invented. +</p> +<p> + Let any man but suppose that the East India company were obliged to give + only half the wages that other traders allow, and consider how that part + of our commerce could be carried on; would not their goods rot in their + warehouses, and their ships lie for ever in the harbour? Would not the + sailors refuse to contract with them? or desert them after a contract, + upon the first prospect of more advantageous employment? +</p> +<p> + But it is not requisite to multiply arguments in a question which may + not only be decided without long examination, but in which we may + determine our conclusions by the experience of our ancestors. Scarcely + any right or wrong measures are without a precedent, and, amongst + others, this expedient has been tried by the wisdom of former times; a + law was once made for limiting the wages of tailors, and that it is + totally ineffectual we are all convinced. Experience is a very safe + guide in political inquiries, and often discovers what the most + enlightened reason failed to foresee. +</p> +<p> + Let us, therefore, improve the errours of our ancestors to our own + advantage, and whilst we neglect to imitate their virtues, let us, at + least, forbear to repeat their follies. +</p> +<p> + Mr. PERRY spoke to this purpose:—Sir, there is one objection more which + my acquaintance with foreign trade impresses too strongly upon my mind + to suffer me to conceal it. +</p> +<p> + It is well known that the condition of a seaman subjects him to the + necessity of spending a great part of his life at a distance from his + native country, in places where he can neither hear of our designs, nor + be instructed in our laws, and, therefore, it is evident that no law + ought to affect him before a certain period of time, in which he may + reasonably be supposed to have been informed of it. For every man ought + to have it in his power to avoid punishment, and to suffer only for + negligence or obstinacy. +</p> +<p> + It is quite unnecessary, sir, to observe to this assembly, that there + are now, as at all times, great numbers of sailors in every part of the + world, and that they, at least, equally deserve our regard with those + who are under the more immediate influence of the government. +</p> +<p> + These seamen have already contracted for the price of their labour, and + the recompense of their hazards, nor can we, in my opinion, without + manifest injustice, dissolve a contract founded upon equity, and + confirmed by law. +</p> +<p> + It is, sir, an undisputed principle of government, that no person should + be punished without a crime; but is it no punishment to deprive a man of + what is due to him by a legal stipulation, the condition of which is, on + his part, honestly fulfilled? +</p> +<p> + Nothing, sir, can be imagined more calamitous than the disappointment to + which this law subjects the unhappy men who are now promoting the + interest of their country in distant places, amidst dangers and + hardships, in unhealthy climates, and barbarous nations, where they + comfort themselves, under the fatigues of labour and the miseries of + sickness, with the prospect of the sum which they shall gain for the + relief of their families, and the respite which their wages will enable + them to enjoy; but, upon their return, they find their hopes blasted, + and their contracts dissolved by a law made in their absence. +</p> +<p> + No human being, I think, can coolly and deliberately inflict a hardship + like this, and, therefore, I doubt not but those who have, by + inadvertency, given room for this objection, will either remove it by an + amendment, or what is, in my opinion, more eligible, reject the clause + as inexpedient, useless, and unjust. +</p> +<p> + Sir William YONGE spoke next to this effect:—Sir, this debate has been + protracted, not by any difficulties arising from the nature of the + questions which have been the subject of it, but by a neglect with which + almost all the opponents of the bill may be justly charged, the neglect + of distinguishing between measures eligible in themselves, and measures + preferable to consequences which are apprehended from particular + conjunctures; between laws made only to advance the publick happiness, + and expedients of which the benefit is merely occasional, and of which + the sole intention is to avert some national calamity, and which are to + cease with the necessity that produced them. +</p> +<p> + Such are the measures, sir, which are now intended; measures, which, in + days of ease, security, and prosperity, it would be the highest degree + of weakness to propose, but of which I cannot see the absurdity in times + of danger and distress. Such laws are the medicines of a state, useless + and nauseous in health, but preferable to a lingering disease, or to a + miserable death. +</p> +<p> + Even those measures, sir, which have been mentioned as most grossly + absurd, and represented as parallel to the provision made in this clause + only to expose it to contempt and ridicule, may, in particular + circumstances, be rational and just. To settle the price of corn in the + time of a famine, may become the wisest state, and multitudes might, in + time of publick misery, by the benefit of temporary laws, be preserved + from destruction. Even those masts, to which, with a prosperous gale, + the ship owes its usefulness and its speed, are often cut down by the + sailors in the fury of a storm. +</p> +<p> + With regard to the ships which are now in distant places, whither no + knowledge of this law can possibly be conveyed, it cannot be denied that + their crews ought to be secured from injury by some particular + exception; for though it is evident in competitions between publick and + private interest, which ought to be preferred, yet we ought to remember + that no unnecessary injury is to be done to individuals, even while we + are providing for the safety of the nation. +</p> +<p> + Mr. FAZAKERLY spoke to this effect:—Sir, though I cannot be supposed to + have much acquaintance with naval affairs, and, therefore, may not, + perhaps, discover the full force of the arguments that have been urged + in favour of the clause now under consideration, yet I cannot but think + myself under an indispensable obligation to examine it as far as I am + able, and to make use of the knowledge which I have acquired, however + inferiour to that of others. +</p> +<p> + The argument, sir, the only real argument, which has been produced in + favour of the restraint of wages now proposed, appears to me by no means + conclusive; nor can I believe that the meanest and most ignorant seaman + would, if it were proposed to him, hesitate a moment for an answer to + it. Let me suppose, sir, a merchant urging it as a charge against a + seaman, that he raises his demand of wages in time of war, would not the + sailor readily reply, that harder labour required larger pay? Would he + not ask, why the general practice of mankind is charged as a crime upon + him only? Inquire, says he, of the workmen in the docks, have they not + double wages for double labour? and is not their lot safe and easy in + comparison with mine, who at once encounter danger and support fatigue, + carry on war and commerce at the same time, conduct the ship and oppose + the enemy, and am equally exposed to captivity and shipwreck? +</p> +<p> + That this is, in reality, the state of a sailor in time of war, I think, + sir, too evident to require proof; nor do I see what reply can be made + to the sailor's artless expostulation. +</p> +<p> + I know not why the sailors alone should serve their country to their + disadvantage, and be expected to encounter danger without the incitement + of a reward. +</p> +<p> + Nor will any part of the hardships of this clause be alleviated by the + expedient suggested by an honourable member, who spoke, some time ago, + of granting, or allowing, to a sailor, whose contract shall be void, + what our courts of law should adjudge him to deserve, a <i>quantum + meruit</i>: for, according to the general interpretation of our statutes, + it will be determined that he has forfeited his whole claim by illegal + contract. To instance, sir, the statute of usury. He that stipulates for + higher interest than is allowed, is not able to recover his legal + demand, but irrecoverably forfeits the whole. +</p> +<p> + Thus, sir, an unhappy sailor who shall innocently transgress this law, + must lose all the profit of his voyage, and have nothing to relieve him + after his fatigues; but when he has by his courage repelled the enemy, + and, by his skill, escaped storms and rocks, must suffer yet severer + hardships, in being subject to a forfeiture where he expected applause, + comfort, and recompense. +</p> +<p> + The ATTORNEY GENERAL spoke next, to this purport:—Sir, the clause + before us cannot, in my opinion, produce any such dreadful consequences + as the learned gentleman appears to imagine: however, to remove all + difficulties, I have drawn up an amendment, which I shall beg leave to + propose, that the contracts which may be affected as the clause now + stands, <i>shall be void only as to so much of the wages as shall exceed + the sum to which the house shall agree to reduce the seamen's pay;</i> and, + as to the forfeitures, they are not to be levied upon the sailors, but + upon the merchants, or trading companies, who employ them, and who are + able to pay greater sums without being involved in poverty and distress. +</p> +<p> + With regard, sir, to the reasons for introducing this clause, they are, + in my judgment, valid and equitable. We have found it necessary to fix + the rate of money at interest, and the rate of labour in several cases, + and if we do not in this case, what will be the consequence?—a second + embargo on commerce, and, perhaps, a total stop to all military + preparations. Is it reasonable that any man should rate his labour + according to the immediate necessities of those that employ him? or that + he should raise his own fortune by the publick calamities? If this has + hitherto been a practice, it is a practice contrary to the general + happiness of society, and ought to prevail no longer. +</p> +<p> + If the sailor, sir, is exposed to greater dangers in time of war, is not + the merchant's trade carried on, likewise, at greater hazard? Is not the + freight, equally with the sailors, threatened at once by the ocean and + the enemy? And is not the owner's fortune equally impaired, whether the + ship is dashed upon a rock, or seized by a privateer? +</p> +<p> + The merchant, therefore, has as much reason for paying less wages in + time of war, as the sailor for demanding more, and nothing remains but + that the legislative power determine a medium between their different + interests, with justice, if possible, at least with impartiality. +</p> +<p> + Mr. Horace WALPOLE, who had stood up several times, but was prevented by + other members, spoke next, to this purport:—Sir, I was unwilling to + interrupt the course of this debate while it was carried on with + calmness and decency, by men, who do not suffer the ardour of opposition + to cloud their reason, or transport them to such expressions as the + dignity of this assembly does not admit. I have hitherto deferred to + answer the gentleman who declaimed against the bill with such fluency of + rhetorick, and such vehemence of gesture; who charged the advocates for + the expedients now proposed, with having no regard to any interest but + their own, and with making laws only to consume paper, and threatened + them with the defection of their adherence, and the loss of their + influence, upon this new discovery of their folly and their ignorance. +</p> +<p> + Nor, sir, do I now answer him for any other purpose than to remind him + how little the clamours of rage and petulancy of invectives contribute + to the purposes for which this assembly is called together; how little + the discovery of truth is promoted, and the security of the nation + established by pompous diction and theatrical emotions. +</p> +<p> + Formidable sounds, and furious declamations, confident assertions, and + lofty periods, may affect the young and unexperienced; and, perhaps, the + gentleman may have contracted his habits of oratory by conversing more + with those of his own age, than with such as have had more opportunities + of acquiring knowledge, and more successful methods of communicating + their sentiments. +</p> +<p> + If the heat of his temper, sir, would suffer him to attend to those + whose age and long acquaintance with business give them an indisputable + right to deference and superiority, he would learn, in time, to reason + rather than declaim, and to prefer justness of argument, and an accurate + knowledge of facts, to sounding epithets and splendid superlatives, + which may disturb the imagination for a moment, but leave no lasting + impression on the mind. +</p> +<p> + He will learn, sir, that to accuse and prove are very different, and + that reproaches, unsupported by evidence, affect only the character of + him that utters them. Excursions of fancy, and flights of oratory, are, + indeed, pardonable in young men, but in no other; and it would surely + contribute more, even to the purpose for which some gentlemen appear to + speak, that of depreciating the conduct of the administration, to prove + the inconveniencies and injustice of this bill, than barely to assert + them, with whatever magnificence of language, or appearance of zeal, + honesty, or compassion. +</p> +<p> + Mr. PITT replied:—Sir, the atrocious crime of being a young man, which + the honourable gentleman has with such spirit and decency charged upon + me, I shall neither attempt to palliate nor deny, but content myself + with wishing that I may be one of those whose follies may cease with + their youth, and not of that number, who are ignorant in spite of + experience. +</p> +<p> + Whether youth can be imputed to any man as a reproach, I will not, sir, + assume the province of determining; but surely age may become justly + contemptible, if the opportunities which it brings have passed away + without improvement, and vice appears to prevail when the passions have + subsided. The wretch that, after having seen the consequences of a + thousand errours, continues still to blunder, and whose age has only + added obstinacy to stupidity, is surely the object of either abhorrence + or contempt, and deserves not that his grey head should secure him from + insults. +</p> +<p> + Much more, sir, is he to be abhorred, who, as he has advanced in age, + has receded from virtue, and becomes more wicked with less temptation; + who prostitutes himself for money which he cannot enjoy, and spends the + remains of his life in the ruin of his country. +</p> +<p> + But youth, sir, is not my only crime; I have been accused of acting a + theatrical part—a theatrical part may either imply some peculiarities + of gesture, or a dissimulation of my real sentiments, and an adoption of + the opinions and language of another man. +</p> +<p> + In the first sense, sir, the charge is too trifling to be confuted, and + deserves only to be mentioned, that it may be despised. I am at liberty, + like every other man, to use my own language; and though I may, perhaps, + have some ambition to please this gentleman, I shall not lay myself + under any restraint, nor very solicitously copy his diction, or his + mien, however matured by age, or modelled by experience. +</p> +<p> + If any man shall, by charging me with theatrical behaviour, imply that I + utter any sentiments but my own, I shall treat him as a calumniator and + a villain; nor shall any protection shelter him from the treatment which + he deserves. I shall, on such an occasion, without scruple, trample upon + all those forms, with which wealth and dignity intrench themselves, nor + shall any thing but age restrain my resentment: age, which always brings + one privilege, that of being insolent and supercilious without + punishment. +</p> +<p> + But, with regard, sir, to those whom I have offended, I am of opinion, + that if I had acted a borrowed part, I should have avoided their + censure; the heat that offended them is the ardour of conviction, and + that zeal for the service of my country, which neither hope nor fear + shall influence me to suppress. I will not sit unconcerned while my + liberty is invaded, nor look in silence upon publick robbery. I will + exert my endeavours, at whatever hazard, to repel the aggressor, and + drag the thief to justice, whoever may protect them in their villany, + and whoever may partake of their plunder. And if the honourable + gentleman— +</p> +<p> + Here Mr. WINNINGTON called to order, and Mr. PITT sitting down, he spoke + thus:—It is necessary, sir, that the order of this assembly be + observed, and the debate resumed without personal altercations. Such + expressions as have been vented on this occasion, become not an assembly + intrusted with the liberty and welfare of their country. To interrupt + the debate on a subject so important as that before us, is, in some + measure, to obstruct the publick happiness, and violate our trust: but + much more heinous is the crime of exposing our determinations to + contempt, and inciting the people to suspicion or mutiny, by indecent + reflections, or unjust insinuations. +</p> +<p> + I do not, sir, undertake to decide the controversy between the two + gentlemen, but must be allowed to observe, that no diversity of opinion + can justify the violation of decency, and the use of rude and virulent + expressions; expressions dictated only by resentment, and uttered + without regard to— +</p> +<p> + Mr. PITT called to order, and said:—Sir, if this be to preserve order, + there is no danger of indecency from the most licentious tongue: for + what calumny can be more atrocious, or what reproach more severe, than + that of speaking with regard to any thing but truth. Order may sometimes + be broken by passion, or inadvertency, but will hardly be reestablished + by monitors like this, who cannot govern his own passion, whilst he is + restraining the impetuosity of others. +</p> +<p> + Happy, sir, would it be for mankind, if every one knew his own province; + we should not then see the same man at once a criminal and a judge. Nor + would this gentleman assume the right of dictating to others what he has + not learned himself. +</p> +<p> + That I may return, in some degree, the favour which he intends me, I + will advise him never hereafter to exert himself on the subject of + order; but, whenever he finds himself inclined to speak on such + occasions, to remember how he has now succeeded, and condemn, in + silence, what his censures will never reform. +</p> +<p> + Mr. WINNINGTON replied:—Sir, as I was hindered by the gentleman's + ardour and impetuosity from concluding my sentence, none but myself can + know the equity or partiality of my intentions, and, therefore, as I + cannot justly be condemned, I ought to be supposed innocent; nor ought + he to censure a fault of which he cannot be certain that it would ever + have been committed. +</p> +<p> + He has, indeed, exalted himself to a degree of authority never yet + assumed by any member of this house, that of condemning others to + silence. I am henceforward, by his inviolable decree, to sit and hear + his harangues without daring to oppose him. How wide he may extend his + authority, or whom he will proceed to include in the same sentence, I + shall not determine; having not yet arrived at the same degree of + sagacity with himself, nor being able to foreknow what another is going + to pronounce. +</p> +<p> + If I had given offence by any improper sallies of passion, I ought to + have been censured by the concurrent voice of the assembly, or have + received a reprimand, sir, from you, to which I should have submitted + without opposition; but I will not be doomed to silence by one who has + no pretensions to authority, and whose arbitrary decisions can only tend + to introduce uproar, discord, and confusion. +</p> +<p> + Mr. Henry PELHAM next rose up, and spoke to this effect:—Sir, when, in + the ardour of controversy upon interesting questions, the zeal of the + disputants hinders them from a nice observation of decency and + regularity, there is some indulgence due to the common weakness of our + nature; nor ought any gentleman to affix to a negligent expression a + more offensive sense than is necessarily implied by it. +</p> +<p> + To search deep, sir, for calumnies and reproaches is no laudable nor + beneficial curiosity; it must always be troublesome to ourselves by + alarming us with imaginary injuries, and may often be unjust to others + by charging them with invectives which they never intended. General + candour and mutual tenderness will best preserve our own quiet, and + support that dignity which has always been accounted essential to + national debates, and seldom infringed without dangerous consequences. +</p> +<p> + Mr. LYTTLETON spoke as follows:—Sir, no man can be more zealous for + decency than myself, or more convinced of the necessity of a methodical + prosecution of the question before us. I am well convinced how near + indecency and faction are to one another, and how inevitably confusion + produces obscurity; but I hope it will always be remembered, that he who + first infringes decency, or deviates from method, is to answer for all + the consequences that may arise from the neglect of senatorial customs: + for it is not to be expected that any man will bear reproaches without + reply, or that he who wanders from the question will not be followed in + his digressions, and hunted through his labyrinths. +</p> +<p> + It cannot, sir, be denied, that some insinuations were uttered injurious + to those whose zeal may sometimes happen to prompt them to warm + declarations, or incite them to passionate emotions. Whether I am of + importance enough to be included in the censure, I despise it too much + to inquire or consider, but cannot forbear to observe, that zeal for the + right can never become reproachful, and that no man can fall into + contempt but those who deserve it. +</p> +<p> + [The clause was amended, and agreed to.] +</p> +<center> + HOUSE OF COMMONS, MARCH 13, 1740-1. +</center> +<p> + The seventieth day of the session being appointed for the report from + the committee on the bill for the increase and encouragement of sailors, + sir John BARNARD presented a petition from the merchants of London, and + spoke as follows:— +</p> +<p> + Sir, this petition I am directed to lay before this house by many of the + principal merchants of that great city which I have the honour to + represent; men too wise to be terrified with imaginary dangers, and too + honest to endeavour the obstruction of any measures that may probably + advance the publick good, merely because they do not concur with their + private interest; men, whose knowledge and capacity enable them to judge + rightly, and whose acknowledged integrity and spirit set them above the + suspicion of concealing their sentiments. +</p> +<p> + I therefore present this petition in the name of the merchants of + London, in full confidence that it will be found to deserve the regard + of this assembly, though I am, equally with the other members, a + stranger to what it contains; for it is my opinion that a representative + is to lay before the house the sentiments of his constituents, whether + they agree with his own or not, and that, therefore, it would have been + superfluous to examine the petition, which, though I might not wholly + have approved it, I had no right to alter. +</p> +<p> + The petition was read, and is as follows: +</p> +<p> + "The humble petition of the merchants and traders of the city of + London—showeth, that your petitioners are informed a bill is depending + in this honourable house, for the encouragement and increase of seamen, + and for the better and speedier manning his majesty's fleet, in which + are clauses, that, should the bill pass into a law, your petitioners + apprehend will be highly detrimental to the trade and navigation of this + kingdom, by discouraging persons from entering into or being bred to the + sea service, and entirely prevent the better and speedier manning his + majesty's fleet, by giving the seamen of Great Britain, and of all other + his majesty's dominions, a distaste of serving on board the royal navy. +</p> +<p> + "That your petitioners conceive nothing can be of so bad consequence to + the welfare and defence of this nation, as the treating so useful and + valuable a body of men, who are its natural strength and security, like + criminals of the highest nature, and so differently from all other his + majesty's subjects; and at the same time are persuaded, that the only + effectual and speedy method of procuring, for the service of his + majesty's fleet, a proportionable number of the sailors in this kingdom, + is to distinguish that body of men by bounties and encouragements, both + present and future, and by abolishing all methods of severity and ill + usage, particularly that practice whereby they are deprived, after long + and hazardous voyages, of enjoying, for a short space of time, the + comforts of their families, and equal liberty with other their + fellow-subjects in their native country. +</p> +<p> + "That your petitioners believe it will not be difficult to have such + methods pointed out as will tend to supply the present necessities, and + at the same time effectually promote the increase of seamen, when this + honourable house shall think fit to inquire into a matter of such high + importance to the naval power, trade, and riches of this kingdom. +</p> +<p> + "That your petitioners are convinced this bill will not only be + ineffectual to answer the ends proposed by it, but will be destructive + of the liberties of all his majesty's subjects, as it empowers any + parish officer, accompanied with an unlimited number of persons, at any + hour, by day or by night, to force open the dwelling-houses, warehouses, + or other places, provided for the security and defence of their lives + and fortunes, contrary to the undoubted liberties of the people of Great + Britain, and the laws of this land. +</p> +<p> + "In consideration, therefore, of the premises, and of the particular + prejudices, hardships, and dangers, which must inevitably attend your + petitioners, and all others the merchants and traders of this kingdom, + should this bill pass into a law, your petitioners most humbly pray this + honourable house, that they may be heard by their counsel against the + said clauses in the said bill." +</p> +<p> + Mr. BATHURST then presented a petition, and spoke as follows:—Sir, the + alarm which the bill, now depending, has raised, is not confined to the + city of London, or to any particular province of the king's dominions; + the whole nation is thrown into commotions, and the effects of the law + now proposed, are dreaded, far and wide, as a general calamity. Every + town which owes its trade and its provisions to navigation, apprehends + the approach of poverty and scarcity, and those which are less + immediately affected, consider the infraction of our liberties as a + prelude to their destruction. Happy would it be, if we, who are + intrusted with their interest, could find any arguments to convince them + that their terrour was merely panick. +</p> +<p> + That these fears have already extended their influence to the county + which I represent, the petition which I now beg leave to lay before the + house, will sufficiently evince; and I hope their remonstrances will + prevail with this assembly to remove the cause of their disquiet, by + rejecting the bill. +</p> +<p> + This was entitled "a petition of several gentlemen, freeholders, and + other inhabitants of the county of Gloucester, in behalf of themselves, + and all other, the freeholders of the said county," setting forth, in + substance, "That the petitioners being informed that a bill was + depending in this house, for the encouragement and increase of seamen, + and for the better and speedier manning his majesty's fleet, containing + several clauses which, should the bill pass into a law, would, as the + petitioners apprehend, impose hardships upon the people too heavy to be + borne, and create discontents in the minds of his majesty's subjects; + would subvert all the rights and privileges of a Briton; and overturn + Magna Charta itself, the basis on which they are built; and, by these + means, destroy that very liberty, for the preservation of which the + present royal family was established upon the throne of Britain; for + which reasons, such a law could never be obeyed, or much blood would be + shed in consequence of it." +</p> +<p> + Mr. Henry PELHAM then spoke, to this purport:—Sir, I have attended to + this petition with the utmost impartiality, and have endeavoured to + affix, to every period, the most innocent sense; but cannot forbear to + declare it as my opinion, that it is far distant from the style of + submission and request: instead of persuading, they attempt to + intimidate us, and menace us with no less than bloodshed and rebellion. + They make themselves the judges of our proceedings, and appeal, from our + determinations, to their own opinion, and declare that they will obey no + longer than they approve. +</p> +<p> + If such petitions as these, sir, are admitted; if the legislature shall + submit to receive laws, and subjects resume, at pleasure, the power with + which the government is vested, what is this assembly but a convention + of empty phantoms, whose determinations are nothing more than a mockery + of state? +</p> +<p> + Every insult upon this house is a violation of our constitution; and the + constitution, like every other fabrick, by being often battered, must + fall at last. It is, indeed, already destroyed, if there be, in the + nation, any body of men who shall, with impunity, refuse to comply with + the laws, plead the great charter of liberty against those powers that + made it, and fix the limits of their own obedience. +</p> +<p> + I cannot, sir, pass over, in silence, the mention of the king, whose + title to the throne, and the reasons for which he was exalted to it, are + set forth with uncommon art and spirit of diction; but spirit, which, in + my opinion, appears not raised by zeal, but by sedition; and which, + therefore, it is our province to repress. +</p> +<p> + That his majesty reigns for the preservation of liberty, will be readily + confessed; but how shall we be able to preserve it, if his laws are not + obeyed? +</p> +<p> + Let us, therefore, in regard to the dignity of the assembly, to the + efficacy of our determinations, and the security of our constitution, + discourage all those who shall address us for the future, on this or any + other occasion, from speaking in the style of governours and dictators, + by refusing that this petition should be laid on the table. +</p> +<p> + [The question was put, and it was agreed, by the whole house, that it + should not lie on the table.] +</p> +<p> + Mr. Henry PELHAM rose up again, and spoke thus:—Sir, I cannot but + congratulate the house upon the unanimity with which this petition, a + petition of which I speak in the softest language, when I call it + irreverent and disrespectful, has been refused the regard commonly paid + to the remonstrances of our constituents, whose rights I am far from + desiring to infringe, when I endeavour to regulate their conduct, and + recall them to their duty. +</p> +<p> + This is an occasion, on which it is, in my opinion, necessary to exert + our authority with confidence and vigour, as the spirit of opposition + must always be proportioned to that of the attack. Let us, therefore, + not only refuse to this petition the usual place on our table, but + reject it as unworthy of this house. +</p> +<p> + [The question was put, and the petition rejected, with scarcely any + opposition.] +</p> +<p> + The house then entered upon the consideration of the bill, and when the + report was made from the committee, and the blanks filled up, sir + William YONGE spoke, in the following manner:— +</p> +<p> + Sir, the bill has been brought, by steady perseverance and diligent + attention, to such perfection, that much more important effects may be + expected from it than from any former law for the same purpose, if it be + executed with the same calmness and resolution, the same contempt of + popular clamour, and the same invariable and intrepid adherence to the + publick good, that has been shown in forming and defending it. +</p> +<p> + But what can we hope from this, or any other law, if particular men, who + cannot be convinced of its expedience, shall not only refuse to obey it, + but declare their design of obstructing the execution of it? shall + determine to retire from the sphere of their authority, rather than + exercise it in compliance with the decree of the senate, and threaten, + in plain terms, to call the country in to their assistance, and to pour + the rabble by thousands upon those who shall dare to do their duty, and + obey their governours? +</p> +<p> + Such declarations as these, sir, are little less than sallies of + rebellion; and, if they pass without censure, will, perhaps, produce + such commotions as may require to be suppressed by other means than + forms of law and senatorial censures. +</p> +<p> + Nor do I think that, by rejecting the petition, we have sufficiently + established our authority; for, in my opinion, we yielded too much in + receiving it. The bill before us whatever may be its title, is, in + reality, a money bill; a bill, by which aids are granted to the crown; + and we have, therefore, no necessity of rejecting petitions on this + occasion, because the standing orders of the house forbid us to admit + them. +</p> +<p> + They then proceeded to the amendments, and when the clause for limiting + the wages of seamen was read, sir John BARNARD rose up, and spoke to + this effect:— +</p> +<p> + Sir, we are now to consider the clause to which the petition relates, + which I have now presented, a petition on a subject of so general + importance, and offered by men so well acquainted with every argument + that can be offered, and every objection which can be raised, that their + request of being heard by their council cannot be denied, without + exposing us to the censure of adhering obstinately to our own opinions, + of shutting our ears against information, of preferring expedition to + security, and disregarding the welfare of our country. +</p> +<p> + It will not be necessary to defer our determinations on this clause for + more than three days, though we should gratify this just and common + request. And will not this loss be amply compensated by the satisfaction + of the people, for whose safety we are debating, and by the + consciousness that we have neglected nothing which might contribute to + the efficacy of our measures? +</p> +<p> + The merchants, sir, do not come before us with loud remonstrances and + harassing complaints, they do not apply to our passions, but our + understandings, and offer such informations as will very much facilitate + the publick service. It has been frequent, in the course of this debate, + to hear loud demands for better expedients, and more efficacious, than + those which have been proposed; and is it to be conceived that those who + called thus eagerly for new proposals, intended not to inform + themselves, but to silence their opponents? +</p> +<p> + From whom, sir, are the best methods for the prosecution of naval + affairs to be expected, but from those whose lives are spent in the + study of commerce, whose fortunes depend upon the knowledge of the sea, + and who will, most probably, exert their abilities in contriving + expedients to promote the success of the war, than they whom the + miscarriage of our fleets must irreparably ruin? +</p> +<p> + The merchants, sir, are enabled by their profession to inform us—are + deterred by their interest from deceiving us; they have, like all other + subjects, a right to be heard on any question; and a better right than + any other when their interest is more immediately affected; and, + therefore, to refuse to hear them, will be, at once, impolitick and + cruel; it will discover, at the same time, a contempt of the most + valuable part of our fellow-subjects, and an inflexible adherence to our + own opinions. +</p> +<p> + The expedient of asserting this to be a money bill, by which the just + remonstrances of the merchants are intended to be eluded, is too trivial + and gross to be adopted by this assembly: if this bill can be termed a + money bill, and no petitions are, therefore, to be admitted against it, + I know not any bill relating to the general affairs of the nation which + may not plead the same title to an exemption from petitions. +</p> +<p> + I therefore desire that the consideration of this clause may be deferred + for two days, that the arguments of the merchants may be examined, and + that this affair may not be determined without the clearest knowledge + and exactest information. +</p> +<p> + Sir Robert WALPOLE spoke next, to this effect:—Sir, the petition, + whether justifiable or not, with regard to the occasion on which it is + presented, or the language in which it is expressed, is certainly + offered at an improper time, and, therefore, can lay no claim to the + regard of this assembly. +</p> +<p> + The time prescribed, by the rules of this house, for the reception of + petitions, is that at which the bill is first introduced, not at which + it is to be finally determined. +</p> +<p> + The petition before us is said not to regard the bill in general, but a + particular clause; and it is, therefore, asserted, that it may now + properly be heard: but this plea will immediately vanish, when it shall + be made appear that the clause is not mentioned in it, and that there is + no particular relation between that and the petition, which I shall + attempt— +</p> +<p> + Here sir John BARNARD, remarking that sir Robert WALPOLE had the + petition in his hand, rose, and said:—Sir, I rise thus abruptly to + preserve the order of this assembly, and to prevent any gentleman from + having, in this debate, any other advantage, above the rest, than that + of superiour abilities, or more extensive knowledge. +</p> +<p> + The petition was not ordered, by the house, to be placed in the right + honourable gentleman's hand, but on the table; nor has he a right to + make use of any other means for his information, than are in the power + of any other member: if he is in doubt upon any particulars contained in + it, he may move that the clerk should read it to the house. +</p> +<p> + Sir Robert WALPOLE laid down the paper; Mr. PELHAM rose, and said:—Sir, + I am so far from thinking the rules of the house asserted, that, in my + opinion, the right of the members is infringed by this peremptory + demand. Is it not, in the highest degree, requisite, that he who is + about to reason upon the petition should acquaint himself with the + subject on which he is to speak. +</p> +<p> + What inconveniencies can ensue from such liberties as this, I am not + able to discover; and, as all the orders of the house are, doubtless, + made for more easy and expeditious despatch, if an order be contrary to + this end, it ought to be abrogated for the reasons for which others are + observed. +</p> +<p> + The confidence with which this petition was presented, will not suffer + us to imagine that the person who offered it fears that it can suffer by + a close examination; and I suppose, though he has spoken so warmly in + favour of it, without perusing, he does not expect that others should + with equal confidence admit— +</p> +<p> + Sir John BARNARD observing that sir Robert WALPOLE leaned forward + towards the table, to read the petition as it lay, rose, and said:—Sir, + I rise once more to demand the observation of the orders of the house, + and to hinder the right honourable gentleman from doing by stratagem, + what he did more openly and honestly before. +</p> +<p> + It was to little purpose that he laid down the petition, if he placed it + within reach of his inspection? for I was only desirous, sir, to hinder + him from reading, and was far from suspecting that he would take it + away. I insist, that henceforward, he obey the rules of this assembly, + with his eyes as well as with his hands, and take no advantage of his + seat, which may enable him to perplex the question in debate. +</p> +<p> + Then the PRESIDENT spoke thus:—Sir, it is, undoubtedly, required by the + orders of the house, that the petitions should lie upon the table; and + that any member, who is desirous of any farther satisfaction, should + move that they be read by the clerk, that every member may have the same + opportunity of understanding and considering them; and that no one may + be excluded from information, by the curiosity or delays of another. But + the importance of this affair seems not to be so very great as to + require a rigorous observance of the rules; and it were to be wished, + for the ease and expedition of our deliberations, that gentlemen would + rather yield points of indifference to one another, than insist so + warmly on circumstances of a trivial nature. +</p> +<p> + Sir Robert WALPOLE then desired that the clerk might read the petition, + which being immediately done, he proceeded in the following manner:— +</p> +<p> + Sir, having sat above forty years in this assembly, and never been + called to order before, I was somewhat disconcerted by a censure so new + and unexpected, and, in my opinion, undeserved. So that I am somewhat at + a loss, with regard to the train of arguments which I had formed, and + which I will now endeavour to recover. Yet I cannot but remark, that + those gentlemen who are so solicitous for order in others, ought, + themselves, invariably to observe it; and that if I have once given an + unhappy precedent of violating the rules of this house, I have, in some + measure, atoned for my inadvertence, by a patient attention to reproof, + and a ready submission to authority. +</p> +<p> + I hope, sir, I may claim some indulgence from the motive of my offence, + which was only a desire of accuracy, and an apprehension that I might, + by mistaking or forgetting some passages in the petition, lose my own + time, and interrupt the proceedings of the house to no purpose. +</p> +<p> + But having now, according to order, heard the petition, and found no + reason to alter my opinion, I shall endeavour to convince the house that + it ought not to be granted. +</p> +<p> + The petition, sir, is so far from bearing any particular relation to the + clause now before us, that it does not, in any part, mention the + expedient proposed in it, but contains a general declaration of + discontent, suspicion, apprehensions of dangerous proceedings, and + dislike of our proceedings; insinuations, sir, by no means consistent + with the reverence due to this assembly, and which the nature of civil + government requires always to be paid to the legislative power. +</p> +<p> + To suspect any man, sir, in common life, is in some degree to detract + from his reputation, which must suffer in proportion to the supposed + wisdom and integrity of him who declares his suspicion. To suspect the + conduct of this senate, is to invalidate their decisions, and subject + them to contempt and opposition. +</p> +<p> + Such, and such only, appears to be the tendency of the petition which + has now been read; a petition, sir, very unskilfully drawn, if it was + intended against the clause under our consideration, for it has not a + single period or expression that does not equally regard all the other + clauses. +</p> +<p> + If any particular objection is made, or any single grievance more + distinctly pointed at, it is the practice of impresses, a hardship, I + own, peculiar to the sailors; but it must be observed that it is a + practice established by immemorial custom, and a train of precedents not + to be numbered; and it is well known that the whole common law of this + nation is nothing more than custom, of which the beginning cannot be + traced. +</p> +<p> + Impresses, sir, have in all ages been issued out by virtue of the + imperial prerogative, and have in all ages been obeyed; and if this + exertion of the authority had been considered as a method of severity + not compensated by the benefits which it produces, we cannot imagine but + former senates, amidst all their ardour for liberty, all their + tenderness for the people, and all their abhorrence of the power of the + crown, would have obviated it by some law, at those times when nothing + could have been refused them. +</p> +<p> + The proper time for new schemes and long deliberations, for amending our + constitution, and removing inveterate grievances, are the days of + prosperity and safety, when no immediate danger presses upon us, nor any + publick calamity appears to threaten us; but when war is declared, when + we are engaged in open hostilities against one nation, and expect to be + speedily attacked by another, we are not to try experiments, but apply + to dangerous evils those remedies, which, though disagreeable, we know + to be efficacious. +</p> +<p> + And though, sir, the petitioners have been more particular, I cannot + discover the reasonableness of hearing them by their council; for to + what purpose are the lawyers to be introduced? Not to instruct us by + their learning, for their employment is to understand the laws that have + been already made, and support the practices which they find + established. But the question before us relates not to the past but the + future, nor are we now to examine what has been done in former ages, but + what it will become us to establish on the present occasion; a subject + of inquiry on which this house can expect very little information from + the professors of the law? +</p> +<p> + Perhaps the petitioners expect from their counsel, that they should + display the fecundity of their imagination, and the elegance of their + language; that they should amuse us with the illusions of oratory, + dazzle us with bright ideas, affect us with strong representations, and + lull us with harmonious periods; but if it be only intended that just + facts and valid arguments should be laid before us, they will be + received without the decorations of the bar. For this end, sir, it would + have been sufficient had the merchants informed their representatives of + the methods which they have to propose; for the abilities of the + gentlemen whom the city has deputed to this assembly, are well known to + be such as stand in need of no assistance from occasional orators. Nor + can it be expected that any men will be found more capable of + understanding the arguments of the merchants, or better qualified to lay + them before the senate. +</p> +<p> + That every petitioner has, except on money bills, a right to be heard, + is undoubtedly true; but it is no less evident that this right is + limited to a certain time, and that on this occasion the proper time is + elapsed. Justice is due both to individuals and to the nation; if + petitions may at any time be offered, and are, whenever offered, to be + heard, a small body of men might, by unseasonable and importunate + petitions, retard any occasional law, till it should become unnecessary. +</p> +<p> + Petitions, sir, are to be offered when a new bill is brought into the + house, that all useful information may be obtained; but when it has + passed through the examination of the committees, has been approved by + the collective wisdom of the senate, and requires only a formal + ratification to give it the force of a law, it is neither usual nor + decent to offer petitions, or declare any dislike of what the senate has + admitted. +</p> +<p> + We are not, when we have proceeded thus far, to suffer pleaders to + examine our conduct, or vary our determinations, according to the + opinions of those whom we ought to believe less acquainted with the + question than ourselves. Should we once be reduced to ask advice, and + submit to dictators, what would be the reputation of this assembly in + foreign courts, or in our own country? What could be expected, but that + our enemies of every kind would endeavour to regulate our determinations + by bribing our instructers. +</p> +<p> + Nor can I think it necessary that lawyers should be employed in laying + before us any scheme which the merchants may propose, for supplying the + defects, and redressing the inconveniencies, of the laws by which + sailors are at present levied for the royal navy; for how should lawyers + be more qualified than other men, to explain the particular advantages + of such expedients, or to answer any objections which may happen to + rise? +</p> +<p> + It is well known that it is not easy for the most happy speaker to + impress his notions with the strength with which he conceives them, and + yet harder is the task of transmitting imparted knowledge, of conveying + to others those sentiments which we have not struck out by our own + reflection, nor collected from our own experience, but received merely + from the dictates of another. +</p> +<p> + Yet such must be the information that lawyers can give us, who can only + relate what they have implicitly received, and weaken the arguments + which they have heard, by an imperfect recital. +</p> +<p> + Nor do I only oppose the admission of lawyers to our bar, but think the + right of the merchants themselves, in the present case, very + questionable; for though in general it must be allowed, that every + petitioner has a claim to our attention, yet it is to be inquired + whether it is likely that the publick happiness is his chief concern, + and whether his private interest is not too much affected to suffer him + to give impartial evidence, or honest information. Scarcely any law can + be made by which some man is not either impoverished, or hindered from + growing rich; and we are not to listen to complaints, of which the + foundation is so easily discovered, or imagine a law less useful, + because those who suffer some immediate inconvenience from it, do not + approve it. +</p> +<p> + The question before us is required, by the present exigence of our + affairs, to be speedily decided; and though the merchants have, with + great tenderness, compassion, and modesty, condescended to offer us + their advice, I think expedition preferable to any information that can + reasonably be expected from them, and that as they will suffer, in the + first place, by any misconduct of our naval affairs, we shall show more + regard to their interest by manning our fleet immediately, than by + waiting three or four days for farther instructions. +</p> +<p> + Mr. SANDYS answered to this effect:—Sir, the merchants of London + whether we consider their numbers, their property, their integrity, or + their wisdom, are a body of too much importance to be thus + contemptuously rejected; rejected when they ask nothing that can be + justly denied to the meanest subject of the empire, when they propose to + speak on nothing but what their profession enables them to understand. +</p> +<p> + To no purpose is it urged, that the bill is far advanced, for if we have + not proceeded in the right way, we ought to be in more haste to return, + in proportion as we have gone farther; nor can I discover why we should + expedite, with so much assiduity, measures which are judged ineffectual, + by those who know their consequences best, and for whose advantage they + are particularly designed. +</p> +<p> + That we have already spent so much time in considering methods for + manning the fleet, is surely one reason why we should endeavour at last + to establish such as may be effectual; nor can we hope to succeed + without a patient attention to their opinion, who must necessarily be + well experienced in naval affairs. +</p> +<p> + It is surely, therefore, neither prudent nor just to shut out + intelligence from our assemblies, and ridicule the good intention of + those that offer it, to consult upon the best expedients for encouraging + and increasing sailors, and when the merchants offer their scheme, to + treat them as saucy, impertinent, idle meddlers, that assume— +</p> +<p> + Here the ATTORNEY GENERAL called him to order, and spoke after this + manner:—Sir, it is not very consistent to press the despatch of + business, and to retard it, at the same time, by invidious insinuations, + or unjust representations of arguments or expressions: whenever any + expression is censured, it ought to be repeated in the same words; for + otherwise, does not the animadverter raise the phantom that he + encounters? Does he not make the stain, which he endeavours, with so + much officious zeal, to wipe away. +</p> +<p> + That no epithets of contempt or ridicule have, in this debate, been + applied to the merchants, nor any violation of decency attempted, it is + unnecessary to prove, and, therefore, it is neither regular nor candid + to represent any man as aggravating the refusal of their petition with + reproaches and insults. But not to dwell longer on this incident, I will + take the liberty of reminding the gentleman, that personal invectives + are always, at least superfluous, and that the business of the day + requires rather arguments than satire. +</p> +<p> + Mr. SANDYS then spoke as follows:—Sir, I am by no means convinced that + the learned gentleman who charges me with irregularity, is better + acquainted than myself with the rules and customs of this house, which I + have studied with great application, assisted by long experience. I + hope, therefore, it will be no inexcusable presumption, if, instead of a + tacit submission to his censure, I assert, in my own vindication, that I + have not deviated from the established rules of the senate, that I have + spoken only in defence of merit insulted, and that I have condemned only + such injurious insinuations. I did not, sir, attempt to repeat + expressions, as ought not to be heard without reply. +</p> +<p> + Then the PRESIDENT said:—I believe the gentleman either heard + imperfectly, or misunderstood these expressions, which he so warmly + condemns, for nothing has been uttered that could justly excite his + indignation. My office obliges me on this occasion to remark, that the + regard due to the dignity of the house ought to restrain every member + from digressions into private satire; for in proportion as we proceed + with less decency, our determinations will have less influence. +</p> +<p> + Mr. PELHAM spoke next, in substance as follows:—Sir, the reputation + which the honourable gentleman has acquired by his uncommon knowledge of + the usages of the senate, is too well founded to be shaken, nor was any + attack upon his character intended, when he was interrupted in the + prosecution of his design. To censure any indecent expression, by + whomsoever uttered, is, doubtless, consistent with the strictest + regularity; nor is it less proper to obviate any misrepresentation which + inattention or mistake may produce. +</p> +<p> + I am far, sir, from thinking that the gentleman's indignation was + excited rather by malice than mistake; but mistakes of this kind may + produce consequences which cannot be too cautiously avoided. How + unwillingly would that gentleman propagate through the nation an opinion + that the merchants were insulted in this house, their interest + neglected, and their intelligence despised, at a time when no aspersion + was thrown upon them, nor any thing intended but tenderness and regard? + And yet such had been the representation of this day's debate, which + this numerous audience would have conveyed to the populace, had not the + mistake been immediately rectified, and the rumour crushed in the birth. +</p> +<p> + Nothing, sir, can be more injurious to the character of this assembly, + by which the people are represented, than to accuse them of treating any + class of men with insolence and contempt; and too much diligence cannot + be used in obviating a report which cannot be spread in the nation, + without giving rise to discontent, clamours, and sedition. +</p> +<p> + Those who shall be inclined to reject the petition, may, perhaps, act + with no less regard to the merchants, and may promote their interest and + their security with no less ardour than those who most solicitously + labour for its reception: for, if they are not allowed to be heard, it + is only because the publick interest requires expedition, and because + every delay of our preparations is an injury to trade. +</p> +<p> + That this is not a proper time for petitions against the bill to be + heard, is universally known; and I can discover nothing in the petition + that restrains it to this particular clause, which is so far from being + specified, that it appears to be the only part of the bill of which they + have had no intelligence. +</p> +<p> + Let the warmest advocates for the petition point out any part of it that + relates to this single clause, and I will retract my assertion; but as + it appears that there are only general declarations of the inexpediency + of the measures proposed, and the pernicious tendency of the methods now + in use, what is the petition, but a complaint against the bill, and a + request that it should be laid aside. +</p> +<p> + The practice of impresses, sir, is particularly censured, as severe and + oppressive; a charge which, however true, has no relation to this + clause, which is intended to promote the voluntary engagement of sailors + in the service of the crown; yet it may not be improper to observe, that + as the practice of impressing is, in itself, very efficacious, and well + adapted to sudden emergencies; as it has been established by a long + succession of ages, and is, therefore, become almost a part of our + constitution; and as it is at this time necessary to supply the navy + with the utmost expedition, it is neither decent nor prudent to complain + too loudly against, or to heighten the discontent of the people at a + necessary evil. +</p> +<p> + We have, sir, examined every part of this bill with the attention which + the defence of the nation requires; we have softened the rigour of the + methods first proposed, and admitted no violence or hardship that is not + absolutely necessary, to make the law effectual, which, like every other + law, must be executed by force, if it be obstructed or opposed. We have + inserted a great number of amendments, proposed by those who are + represented as the most anxious guardians of the privileges of the + people; and it is not, surely, to no purpose that the great council of + the nation has so long and so studiously laboured. +</p> +<p> + Those who are chosen by the people to represent them, have undoubtedly, + sir, some claim as individuals to their confidence and respect; for to + imagine that they have committed the great charge of senatorial + employments, that they have trusted their liberties and their happiness + to those whose integrity they suspect, or whose understandings they + despise, is to imagine them much more stupid than they have been + represented by those who are censured as their enemies. +</p> +<p> + But far different is the regard due to the determinations formed by the + collective wisdom of the senate; a regard which ought to border upon + reverence, and which is scarcely consistent with the least murmur of + dissatisfaction. +</p> +<p> + If we are to hear the present petitioners, is it not probable, that + before we have despatched them, we shall be solicited by others, who + will then plead the same right, supported by a new precedent? And is it + not possible that by one interruption upon another, our measures may be + delayed, till they shall be ineffectual? +</p> +<p> + It seems to me to be of much more importance to defend the merchants + than to hear them; and I shall, therefore, think no concessions at this + time expedient, which may obstruct the great end of our endeavours, the + equipment of the fleet. +</p> +<p> + Mr. PULTENEY then spoke as follows:—Sir, notwithstanding the art and + eloquence with which this grant of the merchants' petition has been + opposed, I am not yet able to discover that any thing is asked + unreasonable, unprecedented, or inconvenient; and I am confident, that + no real objection can have been overlooked by the gentlemen who have + spoken against it. +</p> +<p> + I have spent, sir, thirty-five years of my life in the senate, and know + that information has always, upon important questions, been willingly + received; and it cannot surely be doubted that the petitioners are best + able to inform us of naval business, and to judge what will be the right + method of reconciling the sailors to the publick service, and of + supplying our fleets without injuring our trade. +</p> +<p> + Their abilities and importance have been hitherto so generally + acknowledged, that no senate has yet refused to attend to their opinion; + and surely we ought not to be ambitious of being the first assembly of + the representatives of the people, that has refused an audience to the + merchants. +</p> +<p> + With regard to the expedience of delaying the bill at the present + conjuncture, he must think very contemptuously of the petitioners, who + imagines that they have nothing to offer that will counterbalance a + delay of two days, and must entertain an elevated idea of the vigilance + and activity of our enemies, enemies never before eminent for + expedition, if he believes that they can gain great advantages in so + short a time. +</p> +<p> + The chief reason of the opposition appears, indeed, not to be either the + irregularity or inexpediency of hearing them, but the offence which some + have received from an irreverent mention of the power of impressing, a + power which never can be mentioned without complaint or detestation. +</p> +<p> + It is not, indeed, impossible that they may intend to represent to the + house, how much the sailors are oppressed, how much our commerce is + impeded, and how much the power of the nation is exhausted, by this + cruel method. They may propose to show that sailors, not having the + choice of their voyages, are often hurried through a sudden change of + climates, from one extreme to another, and that nothing can be expected + from such vicissitudes, but sickness, lameness, and death. They may + propose, that to have just arrived from the south may be pleaded as an + exemption from an immediate voyage to the north, and that the seaman may + have some time to prepare himself for so great an alteration, by a + residence of a few months in a temperate climate. +</p> +<p> + If this should be their intention, it cannot, in my opinion, sir, be + called either unreasonable or disrespectful, nor will their allegations + be easily disproved. +</p> +<p> + But it is insinuated, that their grievances are probably such as affect + them only as distinct from the rest of the community, and that they have + nothing to complain of but a temporary interruption of their private + advantage. +</p> +<p> + I have, indeed, no idea of the <i>private advantage</i> of a legal trader: + for unless, sir, we neglect our duty of providing that no commerce shall + be carried on to the detriment of the publick, the merchant's profit + must be the profit of the nation, and their interests inseparably + combined. +</p> +<p> + It may, however, be possible, that the merchants may, like other men, + prefer their immediate to their greater advantage, and may be impatient + of a painful remedy, though necessary to prevent a more grievous evil. + But let us not censure them by suspicion, and punish them for a crime + which it is only possible they may commit; let us, sir, at least have + all the certainty that can be obtained, and allow them an audience; let + us neither be so positive as not to receive information, nor so rigorous + as not to listen to entreaties. +</p> +<p> + If the merchants have nothing to offer, nothing but complaints, and can + propose no better measures than those which they lament, if their + arguments should be found to regard only their present interest, and to + be formed upon narrow views and private purposes, it will be easy to + detect the imposture, and reject it with the indignation it shall + deserve; nor will our proceedings be then censured by the nation, which + requires not that the merchants should be implicitly believed, though it + expects that they should be heard. Let us at least have a <i>convention</i>, + though we should not be able to conclude a treaty. +</p> +<p> + I know not, sir, why we have not taken care to obviate all these + difficulties, and to remove the necessity of petitions, debates, + searches, and impresses, by the plain and easy method of a voluntary + register; by retaining such a number of seamen as may probably be + requisite upon sudden emergencies. Would not the nation with more + cheerfulness contribute half-pay to those who are daily labouring for + the publick good, than to the caterpillars of the land service, that + grow old in laziness, and are disabled only by vice? +</p> +<p> + Let ten thousand men receive daily a small salary, upon condition that + they shall be ready, whenever called upon, to engage in the service of + the crown, and the difficulty of our naval preparations will be at an + end. +</p> +<p> + That it is necessary to exert ourselves on this occasion, and to strike + out some measures for securing the dominion of the ocean, cannot be + denied by any one who considers that we have now no other pretensions to + maintain; that all our influence on the continent, at whatever expense + gained and supported, is now in a manner lost, and only the reputation + of our naval strength remains to preserve us from being trampled on and + insulted by every power, and from finding Spaniards in every climate. +</p> +<p> + Sir William YONGE spoke, in substance, as follows:—Sir, the violence + and severity of impresses, so often and so pathetically complained of, + appears to be now nothing more than a punishment inflicted upon those + who neglect or refuse to receive the encouragement offered, with the + utmost liberality, by the government, and decline the service of their + country from a spirit of avarice, obstinacy, or resentment. +</p> +<p> + That such men deserve some severities, cannot be doubted, and therefore + a law by which no penalty should be enacted, would be imperfect and + ineffectual. The observation, sir, of all laws is to be enforced by + rewards on one side, and punishments on the other, that every passion + may be influenced, and even our weakness made instrumental to the + performance of our duty. +</p> +<p> + In the bill before us no punishment is, indeed, expressly decreed, + because the sailors who shall disregard it, are only left to their + former hardships, from which those who engage voluntarily in the service + of the navy are exempted. +</p> +<p> + Why so many rewards and so much violence should be necessary to allure + or force the sailors into the publick service, I am unable to + comprehend: for, excepting the sudden change of climates, which may, + doubtless, sometimes bring on distempers, the service of the king has no + disadvantages which are not common to that of the merchants. +</p> +<p> + The wages in the navy are, indeed, less: but then it is to be + remembered, that they are certainly paid, and that the sailor is in less + danger of losing, by a tempest or a wreck, the whole profits of his + voyage; because, if he can preserve his life, he receives his pay. But + in trading voyages, the seamen mortgage their wages, as a security for + their care, which, if the ship is lost, they are condemned to forfeit. +</p> +<p> + Thus, sir, the hardships of the navy appear not so great when compared + with those of the merchants' service, as they have been hitherto + represented; and I doubt not, that if counsellors were to be heard on + both sides, the measures taken for supplying the fleet would be found to + be reasonable and just. +</p> +<p> + Sir John BARNARD rose to speak, when Mr. FOX called to order, and + proceeded: +</p> +<p> + Sir, it is well known to be one of the standing and unvariable orders of + this house, that no member shall speak twice in a debate on the same + question, except when for greater freedom we resolve ourselves into a + committee. Upon this question the honourable gentleman has already + spoken, and cannot, therefore, be heard again without such a + transgression of our orders as must inevitably produce confusion. +</p> +<p> + Sir John BARNARD spoke thus:—Sir, I know not for what reason the + honourable gentleman apprehends any violation of the order of the house; + for, as I have not yet spoken upon the present question, I have an + undoubted right to be heard, a right which that gentleman cannot take + away. +</p> +<p> + Sir William YONGE next spoke, to this effect:—Sir, I know not by what + secret distinction the gentleman supports in his own mind this + declaration, which, to the whole house, must appear very difficult to be + defended; for we must, before we can admit it, allow our memories to + have forsaken us, and our eyes and ears to have been deceived. +</p> +<p> + Did he not, as soon as the clause before us was read, rise and assert + the characters of the petitioners, and their right to the attention of + the house? Did he not dwell upon their importance, their abilities, and + their integrity; and enforce, with his usual eloquence, every motive to + the reception of the petition? How then can he assert that he has not + spoken in the present debate, and how can he expect to be heard a second + time, since, however his eloquence may please, and his arguments + convince, that pleasure and conviction cannot now be obtained, without + infringing the standing orders of the house. +</p> +<p> + Then the PRESIDENT rose, and spoke to this purport: It is not without + uneasiness that I see the time of the house, and of the publick, wasted + in fruitless cavils and unnecessary controversies. Every gentleman ought + now to consider that we are consulting upon no trivial question, and + that expedition is not less necessary than accuracy. It cannot be + denied, sir, [to sir John BARNARD] that you have already spoken on this + question, and that the rules of the house do not allow you to speak a + second time. +</p> +<p> + Sir Robert WALPOLE said:—Sir, I am far from thinking the order of the + house so sacred, as that it may not be neglected on some important + occasions; and if the gentleman has any thing to urge so momentous, + that, in his own opinion, it outweighs the regard due to our rules, I + shall willingly consent that he shall be heard. +</p> +<p> + Sir John BARNARD spoke as follows:—Sir, I am far from being inclined to + receive as a favour, what, in my own opinion, I may claim as a right, + and desire not to owe the liberty of speaking to the condescension of + the right honourable gentleman. +</p> +<p> + What I have to urge is no less against the bill in general, than the + particular clause now immediately under our consideration, and though + the petition should relate likewise to the whole bill, I cannot discover + why we should refuse to hear it. +</p> +<p> + Petitions from men of much inferiour rank, and whose interest is much + less closely connected with that of the publick, have been thought + necessary to be heard, nor is the meanest individual to be injured or + restrained, without being admitted to offer his arguments in his own + favour. Even the journeymen shoemakers, one of the lowest classes of the + community, have been permitted to bring their counsel to our bar, and + remonstrate against the inconveniencies to which they were afraid of + being subjected. +</p> +<p> + Mr. WINNINGTON spoke thus:—Sir, I am always willing to hear petitions, + when respectfully drawn up, and regularly subscribed, but can by no + means discover that this is a real petition, for I have heard of no + names affixed to it; it is, therefore, a request from nobody, and by + rejecting it no man is refused. It may, so far as can be discovered, be + drawn up by the gentleman who offered it, and, perhaps, no other person + may be acquainted with it. +</p> +<p> + Mr. HAY spoke to the following purport:—Sir, it is, in my opinion, + necessary that a petition in the name of the merchants of London should + be subscribed by the whole number, for if only a few should put their + names to it, how does it appear that it is any thing more than an + apprehension of danger to their own particular interest, which, perhaps, + the other part, their rivals in trade, may consider as an advantage, or + at least regard with indifference. This suspicion is much more + reasonable, when a petition is subscribed by a smaller number, who may + easily be imagined to have partial views, and designs not wholly + consistent with the interest of the publick. +</p> +<p> + Admiral WAGER then spoke thus:—Sir, if I am rightly informed, another + petition is preparing by several eminent merchants, that this clause may + stand part of the bill; and, certainly, they ought to be heard as well + as the present petitioners, which will occasion great and unnecessary + delays, and, therefore, I am against the motion. +</p> +<p> + Advocate CAMPBELL answered to this effect:—Sir, I agree with that + honourable gentleman, that if the merchants are divided in opinion upon + this point, one side ought to be heard as well as the other, and hope + the house will come to a resolution for that purpose: for I shall + invariably promote every proposal which tends to procure the fullest + information in all affairs that shall come before us. +</p> +<p> + [Then the question was put, that the farther consideration of the report + be adjourned for two days, in order to hear the merchants, and it passed + in the negative, ayes, 142; noes, 192.] +</p> +<p> + [On the report this day, the eleven clauses of severity were given up + without any division, and a clause was added, viz. "Provided that + nothing in this bill shall be construed to extend to any contracts or + agreements for the hire of seamen (or persons employed as such) in + voyages from parts beyond the seas, to any other parts beyond the seas, + or to Great Britain."] +</p> +<p> + The engrossed bill "for the increase and encouragement of seamen," was + read, according to order, when Mr. DIGBY rose, and spoke as follows:— +</p> +<p> + Sir, I have a clause to be offered to the house, as necessary to be + inserted in the bill before us, which was put into my hands by a member, + whom a sudden misfortune has made unable to attend his duty, and which, + in his opinion, and mine, is of great importance, and I shall, + therefore, take the liberty of reading it. +</p> +<p> + "Be it enacted, that every seaman offering himself to serve his majesty, + shall, upon being refused, receive from such captain, lieutenant, or + justice of the peace, a certificate, setting forth the reasons for which + he is refused, which certificate may be produced by him, as an exemption + from being seized by a warrant of impress." +</p> +<p> + I hope the reasonableness and equity of this clause is so incontestably + apparent, that it will find no opposition; for what can be more cruel, + unjust, or oppressive, than to punish men for neglect of a law which + they have endeavoured to obey. To what purpose are rewards offered, if + they are denied to those who come to claim them? What is it less than + theft, and fraud, to force a man into the service, who would willingly + have entered, and subject him to hardships, without the recompense which + he may justly demand from the solemn promise of the legislature. +</p> +<p> + Admiral WAGER next spoke to this effect:—Sir, to this clause, which the + gentleman has represented as so reasonable and just, objections may, in + my opinion, be easily made, of which he will himself acknowledge the + force. The great obstruction of publick measures is partiality, whether + from friendship, bribery, or any other motive; against partiality alone + the clause which is now offered, is levelled; and, indeed, it is so + dangerous an evil, that it cannot be obviated with too much caution. +</p> +<p> + But this clause, instead of preventing private correspondence, and + illegal combinations, has an evident tendency to produce them, by + inciting men to apply with pretended offers of service to those who are + before suborned to refuse them, then make a merit of their readiness, + and demand a certificate. +</p> +<p> + By such artifices multitudes may exempt themselves from the impress, who + may be known to be able sailors, even by those that conduct it; and may, + under the protection of a certificate, fallaciously obtained, laugh at + all endeavours to engage them in the publick service. +</p> +<p> + Mr. DIGBY spoke thus:—Sir, if this authority, lodged in the hands of + those who are proposed in the clause to be intrusted with it, be in + danger of being executed, without due regard to the end for which it is + granted, let it be placed where there is neither temptation nor + opportunity to abuse it. Let the admiralty alone have the power of + granting such certificates, the officers of which will be able to judge + whether the sailor is really unfit for the service, and deliver those + whom age or accidents have disabled from the terrour of impresses; for + surely, he that is fit to serve, when taken by violence, is no less + qualified when he enters voluntarily, and he who could not be admitted + when he tendered himself, ought not to be dragged away, when, perhaps, + he has contracted for another voyage. +</p> +<p> + Mr. WAGER replied:—Sir, it is, doubtless, more proper to place such + authority in the officers of the admiralty, than in any other; but it + does not appear that the benefit which the sailors may receive from it, + to whatever hands it is intrusted, will not be overbalanced by the + injury which the publick will probably suffer. +</p> +<p> + Sailors are frequently levied in remote parts of the kingdom; in ports + where the admiralty cannot speedily be informed of the reasons for which + those that may petition for certificates have been refused, and + therefore cannot grant them without danger of being deceived by + fraudulent accounts. +</p> +<p> + The grievance for which the remedy is proposed cannot frequently occur; + for it is not probable that in a time of naval preparations, any man + qualified for the service should be rejected, since the officers gain + nothing by their refusal. +</p> +<p> + Mr. HAY spoke as follows:—Sir, it is very possible that those instances + which may be produced of men, who have been impressed by one officer, + after they have been rejected by another, may be only the consequences + of the high value which every man is ready to set upon his own + abilities: for he that offers himself, no doubt, demands the highest + premium, though he be not an able sailor; and, if rejected, and + afterwards impressed as a novice, thinks himself at liberty to complain, + with the most importunate vehemence, of fraud, partiality, and + oppression. +</p> +<p> + [The question being put was resolved in the negative, almost + unanimously.] +</p> +<p> + Mr. SOUTHWELL offered a clause, importing, "That all sailors who should + take advance-money of the merchants, should be obliged to perform their + agreements, or be liable to be taken up by any magistrate or justice of + the peace, and deemed deserters, except they were in his majesty's ships + of war." +</p> +<p> + He was seconded by lord GAGE:—Sir, as this clause has no other tendency + than to promote the interest of the merchants, without obstructing the + publick preparations; as it tends only to confirm legal contracts, and + facilitate that commerce from whence the wealth and power of this nation + arises, I hope it will readily be admitted; as we may, by adding this + sanction to the contracts made between the merchants and sailors, in + some degree balance the obstructions wherewith we have embarrassed trade + by the other clauses. +</p> +<p> + Admiral WAGER replied:—This clause is unquestionably reasonable, but + not necessary; for it is to be found already in an act made for the + encouragement of the merchants, which is still in force, and ought, + whenever any such frauds are committed, to be rigorously observed. +</p> +<p> + Sir Robert WALPOLE then desired that the clerk might read the act, in + which the clause was accordingly found, and Mr. SOUTHWELL withdrew his + motion. +</p> +<p> + [Then the question was put, whether the bill "for the increase and + encouragement of sailors" do pass, which was resolved in the + affirmative, 153 against 79.] +</p> +<a name="2H_4_15"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF COMMONS, MARCH 13, 1740-1. +</h2> +<center> + [DEBATE ON THE BILL FOR THE PUNISHMENT OF <br>MUTINY AND DESERTION.] +</center> +<p> + The house being resolved into a committee for the consideration of the + bill for the punishment of mutiny and desertion, and for the better + payment of the army and their quarters, etc. sir William YONGE desired + that the twentieth and twenty-sixth clauses of the late act might be + read, which were read as follows: +</p> +<p> + XX. It is hereby enacted, that the officers and soldiers, so quartered + and billeted, shall be received by the owners of the inns, + livery-stables, ale-houses, victualling-houses, and other houses in + which they are allowed to be quartered and billeted by this act; and + shall pay such reasonable prices as shall be appointed, from time to + time, by the justices of the peace, in their general and + quarter-sessions of each county, city, or division, within their + respective jurisdictions: and the justices of the peace aforesaid, are + hereby empowered and required to set and appoint, in their general or + quarter-sessions aforesaid, such reasonable rates, for all necessary + provisions for such officers and soldiers, for one or more nights, in + the several cities, towns, villages and other places, which they shall + come to in their march, or which shall be appointed for their residence + and quarters. +</p> +<p> + XXVI. That the quarters, both of officers and soldiers in Great Britain, + may be duly paid and satisfied, be it enacted, that every officer, to + whom it belongs to receive the pay or subsistence-money, either for a + whole regiment, or particular troops and companies, shall immediately, + upon each receipt of every particular sum, on account of pay or + subsistence, give publick notice thereof to all persons keeping inns, or + other places where officers or soldiers are quartered by virtue of this + act: also appoint them and others to repair to their quarters, within + four days at the farthest, after the receipt of the same, to declare the + accounts or debts (if any shall be) between them and the officers and + soldiers quartered in their respective houses: which accounts the said + officer or officers are hereby required immediately to discharge, before + any part of the said pay or subsistence be distributed to the officers + or soldiers: provided the said accounts exceed not for a commission + officer of horse, under a captain, for <i>one day's diet and small beer</i>, + two shillings; for one commission officer of dragoons, under a captain, + one shilling; for one commission officer of foot, under a captain one + shilling; and for hay and straw, for one horse, sixpence; for one + dragoon or light horseman's diet and small beer, each day sixpence, and + hay and straw for his horse, sixpence; and also not to exceed + <i>fourpence</i> a-day, for one <i>foot soldier's diet and small beer</i>. +</p> +<p> + He then spoke to the following effect:—Sir, whether there is any real + difficulty in the clauses which you have now heard read, or whether + there are such passages as may be easily understood by those who have no + interest to mistake them, and which are only clouded by an artificial + obscurity, whether they are in themselves capable of different meanings, + or whether avarice or poverty have produced unreasonable + interpretations, and found ambiguities only because they were determined + not to be disappointed in their search; whether this law is disobeyed + because it is misunderstood, or only misunderstood by those who have + resolved to disobey it, the committee must determine. +</p> +<p> + It has been for many years understood that innholders and keepers of + publick-houses were obliged by this law to supply soldiers quartered + upon them with diet and small beer, and hay and straw for their horses, + at such rates as are mentioned in the act; nor can I discover that these + clauses admit of any other interpretation, or that any other could be + intended by the senate by which it was enacted. The pay of the soldiers, + sir, was well known to those who gave their consent to this law, it was + intended by them that the soldiers should be supplied with necessaries, + and it could not be meant that they should pay for them more than they + received; they, therefore, established the rate at which they were to be + furnished, and fixed the highest rate which the wages of a soldier allow + him to pay. +</p> +<p> + This interpretation was, as I suppose, from its apparent consonance to + reason, universally allowed, till the inhabitants of Ledbury, whither + soldiers had been sent to suppress a riot and enforce the laws, found + their apprehensions so sharpened by their malice, that they discovered + in the act an ambiguity, which had, till that time, escaped the + penetration of the most sagacious, and, upon comparison of one + circumstance with another, found themselves under no obligation to give + any assistance to the soldiers. +</p> +<p> + They therefore, sir, not only refused to afford them victuals at the + accustomed rates, but proceeding from one latitude of interpretation to + another, at length denied them not only the privilege of diet, but the + use of kitchen utensils, to dress the provisions which they bought for + themselves, and at last denied their claim to the fire itself. +</p> +<p> + The soldiers, exasperated not only at the breach of their established + and uncontested privileges, but at the privation of the necessaries of + life, began to think of methods more speedy and efficacious than those + of arguments and remonstrances, and to form resolutions of procuring by + force, what, in their opinions, was only by force withheld from them. +</p> +<p> + What might have been the event of this controversy, to what extremities + a contest about things so necessary might have been carried, how wide + the contest might have spread, or how long it might have lasted, we may + imagine, but cannot determine; had not a speedy decision been procured, + its consequences might have been fatal to multitudes, and a great part + of the nation been thrown into confusion. +</p> +<p> + Having received an account of the affair from the officers who commanded + at that place, I consulted the attorney-general what was the design of + the law, and the extent of the obligation enforced by it, and was + answered by him, that the sums which were to be paid for the diet of the + men, and the hay and straw for the horses, being specified, it must + necessarily be intended, by the legislature, that no higher rates should + be demanded;—that the power granted to the justices of peace was wholly + in favour of the soldier, and that they might lessen the payment at + discretion in places of uncommon cheapness, or years of extraordinary + plenty, but could not increase it on any occasion. +</p> +<p> + Another dispute, sir, of the like nature was occasioned by the late + scarcity at Wakefield, where the justices, upon the application of the + innkeepers, made use of the authority which they supposed to have been + reposed in them by the act, and raised the price of hay and straw to + eight-pence, which the soldiers were not able to pay, without suffering + for want of victuals. +</p> +<p> + On this occasion, likewise, I was applied to, and upon consulting the + present attorney-general, received the same answer as before; and + transmitting his opinion to the place from whence I received the + complaint, it had so much regard paid to it, that the additional demand + was thence-forward remitted. +</p> +<p> + The letters which those two learned lawyers sent to me on this subject I + have now in my hand; and hope their opinion will be thought sufficient + authority for the interpretation of an act of the senate. +</p> +<p> + Nor is their authority, sir, however great, so strong a proof of the + justness of this interpretation, as the reasonableness, or rather + necessity of admitting it. The only argument that can be produced + against it, is the hardship imposed by it on the innholder, who, as it + is objected, must be obliged by the law, so understood, to furnish the + soldiers with provisions for a price at which he cannot afford them. +</p> +<p> + But let it be considered, how much more easily the landlord can furnish + them at this price, than they can provide for themselves, and the + difficulty will immediately vanish. If soldiers are necessary, they must + necessarily be supported, and it appears, upon reflection, that their + pay will not support them by any other method. If they are obliged to + buy their victuals, they must likewise buy fire and implements to dress + them; and what is still a greater hardship, they must sell them, and buy + new, at every change of their quarters; if this is impossible, it will + be allowed not to be the meaning of the senate, upon whose wisdom it + would be a censure too severe to suppose them capable of enacting + impossibilities. +</p> +<p> + But to the innholder, sir, whose utensils are always in use, and whose + fire is always burning, the diet of a soldier costs only the original + price paid to the butcher; and, in years of common plenty, may be + afforded, without loss, at the price mentioned in the act. It cannot, + indeed, be denied, that, at present, every soldier is a burden to the + family on which he is quartered, in many parts of the kingdom; but, it + may be reasonably hoped, that the present scarcity will quickly cease, + and that provisions will fall back to their former value; and even, + amidst all the complaints with which the severity and irregularity of + the late seasons have filled the nation, there are many places where + soldiers may be maintained at the stated rates, with very little + hardship to their landlords. +</p> +<p> + However, sir, as this interpretation of the act, though thus supported, + both by authority and reason, has been disputed and denied; as some + lawyers may be of a different opinion from those whom I have consulted; + and as it is not likely that the practice, thus interrupted, will now be + complied with as a prescription; I think it necessary to propose, that + the price of a soldier's diet be more explicitly ascertained, that no + room may remain for future controversies. +</p> +<p> + Mr. SANDYS then rose, and spoke as follows:—Sir, I am very far from + thinking the authority of these learned gentlemen, whose letters are + produced, incontrovertible proof of the justness of an interpretation of + an act of the senate, where that interpretation is not in itself + warranted by reason, nor consistent with the preservation or enjoyment + of property. Much less shall I agree to support their interpretation by + a new law; or establish, by an act of the legislature, a kind of + oppression, for which, however tacitly submitted to, nothing could be + pleaded hitherto but custom. +</p> +<p> + The burden, sir, of a standing army, is already too heavy to be much + longer supported, nor ought we to add weight to it by new impositions; + it surely much better becomes the representatives of the nation to + attend to the complaints of their constituents; and where they are found + to arise from real grievances, to contrive some expedient for + alleviating their calamities. +</p> +<p> + A heavy and dreadful calamity, sir, lies now, in a particular manner, + upon the people; the calamity of famine, one of the severest scourges of + providence, has filled the whole land with misery and lamentation; and, + surely, nothing can be more inhuman than to choose out this season of + horrour for new encroachments on their privileges, and new invasions of + the rights of nature, the dominion of their own houses, and the + regulation of their own tables. +</p> +<p> + The honourable gentleman, sir, has mentioned places where provisions, as + he says, are still to be bought at easy rates. For my part, I am fixed + in no such happy corner of the kingdom; I see nothing but scarcity, and + hear nothing but complaints; and shall, therefore, be very far from + admitting now such methods of supporting the army, as were thought too + burdensome in times of plenty; nor will combine in laying a new tax upon + any class of my countrymen, when they are sinking under an enormous load + of imposts, and in want of the necessaries of life. +</p> +<p> + Sir William YONGE replied, in the manner following:—Sir, nothing is + more easy than outcry and exaggeration; nor any thing less useful for + the discovery of truth, or the establishment of right. The most + necessary measures may often admit of very florid exclamations against + them, and may furnish very fruitful topicks of invective. +</p> +<p> + When our liberties, sir, are endangered, or our country invaded, it may + be very easy, when it is proposed that we should have recourse to our + swords for security, to bewail, in pathetick language, the miseries of + war, to describe the desolation of cities, the waste of kingdoms, the + insolence of victory, and the cruelty of power inflamed by hostilities. + Yet to what will those representations contribute, but to make that + difficult which yet cannot be avoided, and embarrass measures which + must, however, be pursued. +</p> +<p> + Such, sir, appear to me to be the objections made to the methods now + proposed of providing necessaries for the soldiers; methods not eligible + for their own sake, but which ought not to be too loudly condemned, till + some better can be substituted; for why should the publick be alarmed + with groundless apprehensions? or why should we make those laws which + our affairs oblige us to enact, less agreeable to the people by partial + representations? +</p> +<p> + In the discussion of this question, sir, is to be considered whether + soldiers are to be supported, and whether it will be more proper to + maintain them by the method of ascertaining the rates at which they are + to be supplied, or by increasing their pay. +</p> +<p> + One of these two ways it is necessary to take; the provisions are + already fixed at as high a price as their pay will allow; if, therefore, + they are expected to pay more, their wages must be increased. +</p> +<p> + For my part, I shall comply with either method; though I cannot but + think it my duty to declare, that, in my opinion, it is safer to fix the + price of provisions, which must sink in their value, than to raise the + pay of the army, which may never afterwards be reduced. +</p> +<p> + Mr. GYBBON then spoke, to this effect:—Sir, I agree with the honourable + gentleman, that if soldiers are necessary, we must make provision for + their support. This is indisputably certain; but it is no less certain, + that where soldiers are necessary, restraints and regulations are + necessary likewise, to preserve those from being insulted and plundered + by them, who maintain them for the sake of protection. +</p> +<p> + The usefulness, sir, of this caution seems not to be known, or not + regarded, by the gentleman whose proposal gave occasion to this debate; + for, by enacting laws in general terms, as he seems to advise, we should + leave the unhappy innkeeper wholly at the mercy of his guests, who might + plunder and insult him under the protection of the legislature, might + riot, as in a conquered country, and say, "To this treatment you are + subjected by the determination of the senate." +</p> +<p> + The unhappy man, sir, could have no prospect, either of quiet or safety, + but by gratifying all the expectations of his masters; returning + civilities for insolence, and receiving their commands with the same + submission that is paid in capitulating towns to the new garrison. +</p> +<p> + If it be necessary to ascertain the price, is it not necessary, at the + same time, to ascertain the species and quantity of provisions to be + allowed for it? Is a soldier to fatten on delicacies, and to revel in + superfluities, for fourpence a-day? Ought not some limits to be set to + his expectations, and some restraints prescribed to his appetite? Is he + to change his fare, with all the capriciousness of luxury, and relieve, + by variety, the squeamishness of excess? +</p> +<p> + Such demands as these, sir, may be thought ludicrous and trifling, by + those who do not reflect on the insolence of slaves in authority, who do + not consider that the license of a military life is the chief inducement + that brings volunteers into the army; an inducement which would, indeed, + make all impresses superfluous, were this proposal to be adopted: for + how readily would all the lazy and voluptuous engage in a state of life + which would qualify them to live upon the labour of others, and to be + profuse without expense? +</p> +<p> + Our army may, by this method, be increased; but the number of those by + whom they are to be maintained, must quickly diminish: for, by exaction + and oppression, the poorer innkeepers must quickly become bankrupts; and + the soldiers that lose their quarters, must be added to the dividend + allotted to the more wealthy, who, by this additional burden will soon + be reduced to the same state, and then our army must subsist upon their + pay, because they will no longer have it in their power to increase it + by plunder. +</p> +<p> + It will then be inevitably necessary to divide the army from the rest of + the community, and to build barracks for their reception; an expedient + which, though it may afford present ease to the nation, cannot be put in + practice without danger to our liberties. +</p> +<p> + The reason, for which so many nations have been enslaved by standing + armies, is nothing more than the difference of a soldier's condition + from that of other men. Soldiers are governed by particular laws, and + subject to particular authority; authority which, in the manner of its + operation, has scarcely any resemblance of the civil power. Thus, they + soon learn to think themselves exempt from all other laws; of which they + either do not discover the use, and, therefore, easily consent to + abolish them; or envy the happiness of those who are protected by them, + and so prevail upon themselves to destroy those privileges which have no + other effect, with regard to them, but to aggravate their own + dependence. +</p> +<p> + These, sir, are the natural consequences of a military subjection; and + if these consequences are not always speedily produced by it, they must + be retarded by that tenderness which constant intercourse with the rest + of the nation produces, by the exchange of reciprocal acts of kindness, + and by the frequent inculcation of the wickedness of contributing to the + propagation of slavery, and the subversion of the rights of nature; + inculcations which cannot be avoided by men who live in constant + fellowship with their countrymen. +</p> +<p> + But soldiers, shut up in a barrack, excluded from all conversation with + such as are wiser and honester than themselves, and taught that nothing + is a virtue but implicit obedience to the commands of their officer, + will soon become foreigners in their own country, and march against the + defenders of their constitution, with the same alacrity as against an + army of invaders ravaging the coasts; they will lose all sense of social + duty, and of social happiness, and think nothing illustrious but to + enslave and destroy. +</p> +<p> + So fatal, sir, will be the effects of an establishment of barracks, or + petty garrisons, in this kingdom; and, therefore, as barracks must be + built when innkeepers are ruined, and our concurrence with this proposal + must produce their ruin, I hope it-will not be necessary to prove by any + other argument, that the motion ought to be rejected. +</p> +<p> + Mr. PELHAM spoke next, in terms to this purpose:—Sir, though I am not + inclined, by loud exaggerations and affected expressions of tenderness, + to depress the courage or inflame the suspicions of the people, to teach + them to complain of miseries which they do not feel, or ward against ill + designs, which were never formed, yet no man is more really solicitous + for their happiness, or more desirous of removing every real cause of + fear and occasion of hardships. +</p> +<p> + This affection to the people, an affection steady, regular, and + unshaken, has always prompted me to prefer their real to their seeming + interest, and rather to consult the security of their privileges than + the gratification of their passions; it has hitherto determined me to + vote for such a body of troops, as may defend us against sudden inroads + and wanton insults, and now incites me to propose that some efficacious + method may be struck out for their support, without exasperating either + the soldiers or their landlords by perpetual wrangles, or adding to the + burden of a military establishment the necessity of contentions in + courts of law. +</p> +<p> + I know not with what view those have spoken, by whom the proposal first + made has been opposed; they have, indeed, produced objections, some of + which are such as may be easily removed, and others such as arise from + the nature of things, and ought not, therefore, to be mentioned, because + they have no other tendency than to inflame the minds of those that hear + them against an army, at a time when it is allowed to be necessary, and + prove only what was never denied, that no human measures are absolutely + perfect, and that it is often impossible to avoid a greater evil, but by + suffering a less. +</p> +<p> + The question before us, sir, is in its own nature so simple, so little + connected with circumstances that may distract our attention, or induce + different men to different considerations, that when I reflect upon it, + I cannot easily conceive by what art it can be made the subject of long + harangues, or how the most fruitful imagination can expatiate upon it. +</p> +<p> + It is already admitted that an army is necessary; the pay of that army + is already established; the accidental scarcity of forage and victuals + is such, that the pay is not sufficient to maintain them; how then must + the deficiency be supplied? It has been proposed, either to fix the + price of provisions with respect to them, or to advance their wages in + some proportion to the price of provisions. Both these methods seem to + meet with disapprobation, and yet the army is to be supported. +</p> +<p> + Those who reason thus, do surely not expect to be answered, or at least + expect from a reply no other satisfaction than that of seeing the time + of the session wasted, and the administration harassed with trivial + delays; for what can be urged with any hope of success to him who will + openly deny contradictory propositions, who will neither move nor stand + still, who will neither disband an army nor support it? +</p> +<p> + Whether these gentlemen conceive that an army may subsist without + victuals till the time of scarcity is over, or whether they have raised + those forces only to starve them, I am not sagacious enough to + conjecture, but shall venture to observe, that if they have such a + confidence in the moderation and regularity of the soldiers, as to + imagine that they will starve with weapons in their hands, that they + will live within the sight of full tables, and languish with hunger, and + perish for want of necessaries, rather than diminish the superfluities + of others, they ought for ever to cease their outcries about the + licentiousness, insolence, and danger of a standing army. +</p> +<p> + But, not to sink into levity unworthy of this assembly, may I be + permitted to hint that these arts of protracting our debates, are by no + means consistent with the reasons for which we are assembled, and that + it is a much better proof, both of ability and integrity, to remove + objections, than to raise them, and to facilitate, than to retard, the + business of the publick. +</p> +<p> + The proposal made at first was only to elucidate a law which had been + regularly observed for fifty years, and to remove such ambiguities as + tended only to embarrass the innholders, not to relieve them. +</p> +<p> + To this many objections have been made, and much declamation has been + employed to display the hardships of maintaining soldiers, but no better + method has been yet discovered, nor do I expect that any will be started + not attended with greater difficulties. +</p> +<p> + In all political questions, questions too extensive to be fully + comprehended by speculative reason, experience is the guide which a wise + man will follow with the least distrust, and it is no trivial + recommendation of the present method, that it has been so long pursued + without any formidable inconvenience or loud complaints. +</p> +<p> + Hardships, even when real, are alleviated by long custom; we bear any + present uneasiness with less regret, as we less remember the time in + which we were more happy: at least, by long acquaintance with any + grievance we gain this advantage, that we know it in its whole extent, + that it cannot be aggravated by our imagination, and that there is no + room for suspecting that any misery is yet behind more heavy than that + which we have already borne. +</p> +<p> + Such is the present state of the practice now recommended to this + assembly, a practice to which the innkeepers have long submitted, and + found it at least tolerable, to which they knew themselves exposed when + they took out a license for the exercise of that profession, and which + they consider as a tax upon them, to be balanced against the advantages + which they expect from their employment. +</p> +<p> + This tax cannot be denied at present to be burdensome in a very uncommon + degree, but this weight has not been of long continuance, and it may be + reasonably hoped that it will now be made every day lighter. It is, + indeed, true, that no unnecessary impositions ought to be laid upon the + nation even for a day; and if any gentleman can propose a method by + which this may be taken off or alleviated, I shall readily comply with + his proposal, and concur in the establishment of new regulations. +</p> +<p> + With regard to barracks, I cannot deny that they are justly names of + terrour to a free nation, that they tend to make an army seem part of + our constitution, and may contribute to infuse into the soldiers a + disregard of their fellow-subjects, and an indifference about the + liberties of their country; but I cannot discover any connexion between + a provision for the support of soldiers in publick-houses, in a state of + constant familiarity with their countrymen, and the erection of + barracks, by which they will be, perhaps for ever, separated from them, + nor can discover any thing in the method of supporting them now + recommended that does not tend rather to the promotion of mutual good + offices, and the confirmation of friendship and benevolence. +</p> +<p> + The advocate CAMPBELL next spoke, in substance as follows:—Sir, whence + the impropriety of raising objections to any measures that are proposed + is imagined to arise I am unable to discover, having hitherto admitted + as an incontrovertible opinion, that it is the duty of every member of + this assembly to deliver, without reserve, his sentiments upon any + question which is brought before him, and to approve or censure, + according to his conviction. +</p> +<p> + If it be his duty, sir, to condemn what he thinks dangerous or + inconvenient, it seems by no means contrary to his duty, to show the + reason of his censure, or to lay before the house those objections which + he cannot surmount by his own reflection. It certainly is not necessary + to admit implicitly all that is asserted; and to deny, or disapprove + without reason, can he no proof of duty, or of wisdom; and how shall it + be known, that he who produces no objections, acts from any other + motives, than private malevolence, discontent, or caprice? +</p> +<p> + Nor is it, sir, to be imputed as a just reason for censure to those who + have opposed the motion, that no other measures have been offered by + them to the consideration of the committee. It is necessary to demolish + a useless or shattered edifice, before a firm and habitable building can + be erected in its place: the first step to the amendment of a law is to + show its defects; for why should any alteration be made where no + inconveniency is discovered? +</p> +<p> + To the chief objection that was offered, no answer has yet been made, + nor has the assembly been informed how the innkeeper shall be able to + discover when he has paid the tax which this law lays upon him. This is, + indeed, a tax of a very particular kind, a tax without limits, and to be + levied at the discretion of him for whose benefit it is paid. Soldiers + quartered upon these terms, are more properly raising contributions in + an enemy's country, than receiving wages in their own. +</p> +<p> + Is it intended, by this motion, that the innkeepers shall judge what + ought to be allowed the soldier for his money? I do not see, then, that + any alteration is proposed in the present condition of our army; for who + has ever refused to sell them food for their money at the common price, + or what necessity is there for a law to enforce a practice equally to + the advantage of all parties? If it be proposed that the soldier shall + judge for himself, that he shall set what value he shall think fit on + his own money, and that he shall be at once the interpreter and + executioner of this new law, the condition of the innkeeper will then be + such as no slave in the mines of America can envy, and such as he will + gladly quit for better treatment under the most arbitrary and oppressive + government. +</p> +<p> + Nor will the insolence of the soldier, thus invested with unlimited + authority, thus entitled to implicit obedience, and exalted above the + rest of mankind, by seeing his claim only bounded by his own moderation, + be confined to his unhappy landlord. Every guest will become subject to + his intrusion, and the passenger must be content to want his dinner, + whenever the lord of the inn shall like it better than his own. +</p> +<p> + That these apprehensions, sir, are not groundless, may be proved from + the conduct of these men, even when the law was not so favourable to + their designs; some of them have already claimed the sole dominion of + the houses in which they have been quartered, and insulted persons of + very high rank, and whom our ancient laws had intended to set above the + insults of a turbulent soldier. They have seen the provisions which they + had ordered taken away by force, partly, perhaps, to please the appetite + of the invader, and partly to gratify his insolence, and give him an + opportunity of boasting among his comrades, how successfully he + blustered. +</p> +<p> + If it be necessary, sir, to insert a new clause in the act to prevent + lawsuits, which, however advantageous they may sometimes be to me, I + shall always be ready to obviate, it is surely proper to limit the claim + of one party as well as that of the other, for how else is the ambiguity + taken away? The difficulty may be, indeed, transferred, but is by no + means removed, and the innkeeper must wholly repose himself upon the + lenity and justice of the soldier, or apply to the courts of law for the + interpretation of the act. +</p> +<p> + The question before us is said to be so free from perplexity, that it + can scarcely give occasion for harangues or disputations; and, indeed, + it cannot but be allowed, that the controversy may soon be brought to a + single point, and I think nothing more is necessary than to inquire, if + innholders shall be obliged to provide victuals for soldiers at a stated + price, what, and how much the soldier shall demand. +</p> +<p> + The power of raising money at pleasure, has been hitherto denied to our + kings, and surely we ought not to place that confidence in the lowest, + that has been refused to the most exalted of mankind, or invest our + soldiers with power, which neither the most warlike of our monarchs + could constrain us, nor the most popular allure us to grant. +</p> +<p> + The power now proposed to be granted, is nothing less than the power of + levying money, or what is exactly equivalent, the power of raising the + money in their own hands, to any imaginary value. A soldier may, if this + motion be complied with, demand for a penny, what another man must + purchase at forty times that price. While this is the state of our + property, it is surely not very necessary to raise armies for the + defence of it; for why should we preserve it from one enemy only to + throw it into the hands of another, equally rapacious, equally + merciless, and only distinguished from foreign invaders by this + circumstance, that he received from our own hands the authority by which + he plunders us. +</p> +<p> + Having thus evinced the necessity of determining the soldier's + privileges, and the innkeeper's rights, I think it necessary to + recommend to this assembly an uncommon degree of attention to the + regulation of our military establishment, which is become not only more + burdensome to our fellow-subjects by the present famine, but by the + increase of our forces; an increase which the nation will not behold + without impatience, unless they be enabled to discern for what end they + have been raised. +</p> +<p> + The people of this nation are, for very just reasons, displeased, even + with the appearance of a standing army, and surely it is not prudent to + exasperate them, by augmenting the troops in a year of famine, and + giving them, at the same time, new powers of extortion and oppression. +</p> +<p> + Mr. WINNINGTON spoke to this purpose:—Sir, I have heard nothing in this + debate, but doubts and objections, which afford no real information, nor + tend to the alleviation of those grievances, which are so loudly + lamented. +</p> +<p> + It is not sufficient to point out inconveniencies, or to give striking + representations of the hardships to which the people are exposed; for + unless some better expedient can be proposed, or some method discovered + by which we may receive the benefits, without suffering the + disadvantages of the present practice, how does it appear that these + hardships, however severe, are not inseparable from our present + condition, and such as can only be removed by exposing ourselves to more + formidable evils? +</p> +<p> + As no remedy, sir, has been proposed by those who appear dissatisfied + with the present custom, it is reasonable to imagine that none will be + easily discovered; and, therefore, I cannot but think it reasonable that + the motion should be complied with. By it no new imposition is intended, + nor any thing more than the establishment of a practice which has + continued for more than fifty years, and never, except on two occasions, + been denied to be legal. It is only proposed that the senate should + confirm that interpretation of the act which has been almost universally + received; that they should do what can produce no disturbance, because + it will make no alterations; but may prevent them, because it may + prevent any attempts of innovation, or diversity of opinions. +</p> +<p> + Sir John BARNARD spoke next, to the following effect:—Sir, whether the + interpretation of the act which is now contended for, has been + universally admitted, it is impossible to know; but it is at least + certain, that the practice which is founded upon it, has in many places + never been followed, nor, indeed, can it be made general without great + impropriety. +</p> +<p> + Many of those, sir, who are styled keepers of publick-houses, and on + whom soldiers are quartered under that denomination, have no conveniency + of furnishing provisions, because they never sell them; such are many of + the keepers of livery stables, among whom it is the common method to pay + soldiers a small weekly allowance, instead of lodging them in their + houses, a lodging being all which they conceive themselves obliged to + provide, and all that the soldiers have hitherto required; nor can we + make any alteration in this method without introducing the license and + insolence of soldiers into private houses; into houses hitherto + unacquainted with any degree of riot, incivility, or uproar. +</p> +<p> + The reason for which publick-houses are assigned for the quarters of + soldiers, is partly the greater conveniency of accommodating them in + families that subsist, by the entertainment of strangers, and partly the + nature of their profession, which, by exposing them to frequent + encounters with the rude and the debauched, enables them either to bear + or repress the insolence of a soldier. +</p> +<p> + But with regard, sir, to the persons whom I have mentioned, neither of + these reasons have any place; they have not, from their daily + employment, any opportunities of furnishing soldiery with beds or + victuals, nor, by their manner of life, are adapted to support intrusion + or struggle with perverseness. Nor can I discover why any man should + force soldiers into their houses, who would not willingly admit them + into his own. +</p> +<p> + Mr. COCKS spoke to this effect:—Sir, the practice mentioned by the + honourable gentleman, I know to be generally followed by all those that + keep alehouses in the suburbs of this metropolis, who pay the soldiers + billeted on them a composition for their lodging, nor ever see them but + when they come to receive it; so far are they from imagining that they + can claim their whole subsistence at any stated price. +</p> +<p> + It is apparent, therefore, that by admitting this motion, we should not + confirm a law already received, but establish a new regulation unknown + to the people; that we should lay a tax upon the nation, and send our + soldiers to collect it. +</p> +<p> + General WADE rose, and spoke to this purpose:—Sir, I have been long + conversant with military affairs; and, therefore, may perhaps be able to + give a more exact account, from my own knowledge, of the antiquity and + extent of this practice, than other gentlemen have had, from their way + of life; an opportunity of obtaining. +</p> +<p> + It was, sir, in the reign of king William, the constant method by which + the army was supported, as may be easily imagined by those who reflect, + that it was common for the soldiers to remain for eight or ten months + unpaid, and that they had, therefore, no possibility of providing for + themselves the necessaries of life. Their pay never was received in + those times by themselves, but issued in exchequer bills for large sums, + which the innkeepers procured to be exchanged and divided among + themselves, in proportion to their debts. +</p> +<p> + Such was the practice, sir, in that reign, which has been generally + followed to this time, and the rates then fixed have not since been + changed; and as no inconveniency has arisen from this method, I can + discover no reason against confirming and continuing it. +</p> +<p> + Mr. PULTKNEY spoke next, in the manner following:—Sir, those that have + spoken in defence of the motion, have accused their opponents, with + great confidence, of declaiming without arguments, and of wasting the + time of the session in a useless repetition of objections. I do not, + indeed, wonder that the objections which have been raised should have + given some disgust, for who can be pleased with hearing his opponent + produce arguments which he cannot answer? But surely the repetitions may + be excused; for an objection is to be urged in every debate till it is + answered, or is discovered to be unanswerable. +</p> +<p> + But what, sir, have those urged in defence of their own opinions, who so + freely animadvert upon the reasonings of others? What proofs, sir, have + they given of the superiority of their own abilities, of the depth of + their researches, or the acuteness of their penetration? +</p> +<p> + They have not produced one argument in favour of their motion, but that + it is founded on custom; they have not discovered, however wise and + sagacious, that it is always necessary to inquire whether a custom be + good or bad; for surely without such inquiry no custom ought to be + confirmed. The motion which they would support, is, indeed, useless in + either case, for a good custom will continue of itself, and one that is + bad ought not to be continued. It is the business of the legislature to + reform abuses, and eradicate corruptions, not to give them new strength + by the sanction of a law. +</p> +<p> + It has been urged, sir, that the law in reality exists already in that + the act has been interpreted in this sense by the attorney general; and + that his interpretation is generally received. This is then the state of + the question: if the practice, founded upon this sense of the act, + generally prevails, there is no need of a new clause to enforce what is + already complied with; if it does not prevail, all that has been urged + in defence of the motion falls to the ground. +</p> +<p> + I do not doubt, sir, that this custom has been received without many + exceptions, and therefore think it ought still to remain a custom, + rather than be changed into a law; because it will be complied with as a + custom, where there are no obstacles to the observation of it; and it + ought not to be enforced by law, where it is inconvenient and + oppressive. +</p> +<p> + While the soldier, sir, is moderate in his demands, and peaceable and + modest in his behaviour, the innkeeper will cheerfully furnish him even + more than he can afford at the stated price; and certainly, rudeness, + insolence, and unreasonable expectations, may justly be punished by the + forfeiture of some conveniencies. Thus, sir, the innkeeper will preserve + some degree of authority in his own house, a place where the laws of + nature give every man dominion, and the soldier will continue a regular + and inoffensive member of civil society. +</p> +<p> + The absurdity of leaving the soldier at large in his demands, and + limiting the price which the innkeeper is to require, has been already + exposed beyond the possibility of reply; nor, indeed, has the least + attempt been made to invalidate this objection; for it has been passed + in silence by those who have most zealously espoused the motion. The + account given by the honourable gentleman of the reason for which this + regulation was first introduced in the reign of king William, is + undoubtedly just; but it proves, sir, that there is no necessity of + continuing it; for the soldiers are now constantly paid, and therefore + need not that assistance from the innkeeper, which was absolutely + requisite when they were sometimes six months without money. +</p> +<p> + It has been urged, sir, with great importunity and vehemence, that some + expedient should be proposed in the place of this, which so many + gentlemen who have spoken on this occasion seem inclined to reject, and + which, indeed, cannot be mentioned without contempt or abhorrence. That + the soldiers should know, as well as their landlord, their own rights, + is undoubtedly just, as well as that they should have some certain means + of procuring the necessaries of life; it may, therefore, be proper to + enact, that the innkeeper shall either furnish them with diet at the + established rates, or permit them to dress the victuals which they shall + buy for themselves, with his fire and utensils, and allow them candles, + salt, vinegar, and pepper. By this method the soldiers can never be much + injured by the incivility of their landlord, nor can the innkeeper be + subjected to arbitrary demands. The soldier will still gain, by decency + and humanity, greater conveniencies than he can procure for himself by + his pay alone, and all opportunities of oppression on either side will, + in a great measure, be taken away. +</p> +<p> + I cannot but express my hopes that this method will be generally + approved. Those that have opposed the establishment of an army will be + pleased to see it made less grievous to the people; and those that have + declared in its favour, ought surely to adopt, without opposition, any + measures, by the pursuit of which it may be borne with fewer complaints, + and less reluctance. +</p> +<p> + [The consideration of this question was deferred, and the chairman + having moved for leave to sit again, it was resolved to proceed on this + business upon the next day but one, in a committee of the whole house.] +</p> +<center> + HOUSE OF COMMONS, MARCH 15, 1740-1. +</center> +<p> + The order of the day being read for the house to resolve itself into a + committee of the whole house, to consider the bill for punishing mutiny + and desertion, and the better paying the army and their quarters, +</p> +<p> + Sir William YONGE spoke, in substance as follows:—Sir, the last day + which was assigned to the consideration of this bill, was spent in long + altercations, in vague and unnecessary disquisitions, in retrospective + reflections upon events long past, and in aggravating of grievances that + may never happen; much sagacity was exerted, and much eloquence + displayed, but no determination was attained, nor even that expedient + examined, by which those objections might be removed which appeared so + important, or those dangers obviated which were represented so + formidable and so near. +</p> +<p> + I hope, sir, part of the time which has intervened between that debate + and the present day, has been employed by the gentlemen, whose scruples + were so numerous, and whose caution is so vigilant, in contriving some + methods of maintaining the army without oppressing the victuallers, and + of providing for our defence against foreign enemies without subjecting + us to the evils of discontent and disaffection, which they impute to the + present state of the military establishment. +</p> +<p> + To object for ever, and to advance nothing, is an easy method of + disputation upon any question, but contributes very little to the + increase of knowledge: an artful and acute objector may confound, and + darken, and disturb, but never assists inquiry, or illustrates truth. +</p> +<p> + In political questions, sir, it is still more easy and less ingenuous; + for all political measures are in some degree right and wrong at the + same time: to benefit some they very frequently bear hard upon others, + and are, therefore, only to be approved or rejected as advantages appear + to overbalance the inconveniencies, or the inconveniencies to outweigh + the advantages. +</p> +<p> + It is, sir, the proper province of a senator to promote, not to obstruct + the publick counsels; and when he declares his disapprobation of any + expedient, to endeavour to substitute a better: for how can he be said + to sustain his part of the general burden of publick affairs, who lays + others under the necessity of forming every plan, and inventing every + expedient, and contents himself with only censuring what he never + endeavours to amend? +</p> +<p> + That every man, who is called forth by his country to sit here as the + guardian of the publick happiness, is obliged, by the nature of his + office, to propose, in this assembly, whatever his penetration or + experience may suggest to him as advantageous to the nation, I doubt not + but all that hear me are sufficiently convinced; and, therefore, cannot + but suppose that they have so far attended to their duty, as to be able + to inform us how the present inconveniencies of this bill may be + remedied, and its defects supplied. +</p> +<p> + To show, sir, at least my inclination to expedite an affair so + important, I shall lay before the house an amendment that I have made to + the clause, pursuant to a hint offered the last day by an honourable + member, "That all innholders, victuallers, etc. shall be obliged to + furnish soldiers with salt, vinegar, small beer, candles, fire, and + utensils to dress their victuals, and so doing shall not be obliged to + supply the troops with provisions, except on a march." +</p> +<p> + I am far, sir, from thinking the clause, as it will stand after this + amendment, complete and unexceptionable, being conscious that some + articles in it may require explanation. The quantity of small beer to be + allowed to each soldier must necessarily be ascertained, in order to + prevent endless and indeterminable disputes; for one man, sir, may + demand a greater quantity than another, and a man may be prompted by + malice or wantonness to demand more than health requires; it will, + therefore, be proper to limit the quantity which must be furnished, that + neither the soldier may suffer by the avarice of his landlord, nor the + landlord be oppressed by the gluttony of the soldier. +</p> +<p> + With regard to this question, sir, I expect to find different opinions + in this assembly, which every man is at liberty to offer and to + vindicate; and I shall take this opportunity of proposing on my part, + that every man may have a daily allowance of three quarts. One quart to + each meal may be allowed in my opinion to be sufficient, and sure no + gentleman can imagine that by this limitation much superfluity is + indulged. +</p> +<p> + There are some parts, sir, of this kingdom, in which cider is more + plentiful, and cheaper than small beer; consequently, it may be for the + ease of the victualler to have the choice allowed him of furnishing one + or the other; it will, therefore, be a very proper addition to this + clause, that the innkeepers shall allow the soldier, every day, three + quarts of either small beer or cider. +</p> +<p> + That penal sanctions, sir, are essential to laws, and that no man will + submit to any regulations inconvenient to himself, but that he may avoid + some heavier evil, requires not to be proved; and, therefore, to + complete this clause, I propose that the victualler who shall neglect or + refuse to observe it, shall be subject to some fine for his + non-compliance. +</p> +<p> + Mr. PELHAM spoke to this effect:—Sir, I cannot omit this opportunity of + observing how much the burden of the army is diminished by the judicious + regulations invariably observed in the late reigns, and how little the + assignment of troops is to be dreaded by the victualler. +</p> +<p> + In the reign of king William, sir, before funds were established, while + the credit of the government was low, the measures of the court were + often obviated or defeated by the superiority of the discontented party, + and the supplies denied which were necessary to support them, and in + expectation of which they had been undertaken, it was not uncommon for + the towns in which the troops were stationed, to murmur at their guests; + nor could they be charged with complaining without just reasons: for to + quarter soldiers upon a house, was in those days little less than to + send troops to live at discretion. +</p> +<p> + As all supplies, sir, were then occasional and temporary, and nothing + was granted but for the present exigence, the prevalence of the + opposition, for a single session, embarrassed all the measures of the + court in the highest degree; their designs were at a stand, the forces + were unpaid, and they were obliged to wait till another session for an + opportunity of prosecuting their schemes. +</p> +<p> + Thus, sir, the soldiers were sometimes five months without their pay, + and were necessarily supported by the innkeeper at his own expense, with + how much reluctance and discontent I need not mention. It cannot but be + immediately considered, upon hearing this account of the soldier's + condition, with how many reproaches he would receive his victuals, how + roughly he would be treated, how often he would be insulted as an idler, + and frowned upon as an intruder. Nor can it be imagined that such + affronts, however they might be provoked, would be borne without return, + by those who knew themselves not the authors of the provocation, and who + thought themselves equal suf-ferers with those who complained. When the + innkeeper growled at the soldier, the soldier, it may be supposed, + seldom failed to threaten or to plunder the innkeeper, and to rise in + his demands as his allowance was retrenched. +</p> +<p> + Thus, sir, the landlord and his guest were the constant enemies of each + other, and spent their lives in mutual complaints, injuries, and + insults. +</p> +<p> + But by the present regularity of our military establishment, this great + evil is taken away; as the soldier requires no credit of the victualler, + he is considered as no great incumbrance on his trade; and being treated + without indignities, like any other member of the community, he + inhabits his quarters without violence, insolence, or rapacity, and + endeavours to recommend himself by officiousness and civility. +</p> +<p> + In the present method of payment, sir, the troops have always one + month's pay advanced, and receive their regular allowance on the stated + day; so that every man has it in his power to pay his landlord every + night for what he has had in the day; or if he imagines himself able to + procure his own provisions at more advantage, he can now go to market + with his own money. +</p> +<p> + It appears, therefore, to me, sir, that the amendment now proposed is + the proper mean between the different interests of the innkeeper and + soldier; by which neither is made the slave of the other, and by which + we shall leave, to both, opportunities of kindness, but take from them + the power of oppression. +</p> +<p> + Mr. CAREW next spoke as follows:—Sir, the amendment now offered is not, + in my opinion, so unreasonable or unequitable as to demand a warm and + strenuous opposition, nor so complete as not to be subject to some + objections; objections which, however, may be easily removed, and which + would, perhaps, have been obviated, had they been foreseen by the + gentleman who proposed it. +</p> +<p> + The allowance, sir, of small liquors proposed, I cannot but think more + than sufficient; three quarts a-day are surely more than the demands of + nature make necessary, and I know not why the legislature should + promote, or confirm in the soldiery, a vice to which they are already + too much inclined, the habit of tippling. +</p> +<p> + The innkeeper, sir, will be heavily burdened by the obligation to supply + the soldier with so many of the necessaries of life without payment; + and, therefore, it may be justly expected by him, that no superfluities + should be enjoyed at his expense. +</p> +<p> + But there remains another objection, sir, of far more importance, and + which must be removed before this clause can be reasonably passed into a + law. It is not declared, or not with sufficient perspicuity, that it is + to be left to the choice of the innkeeper, whether he will furnish the + soldier with provisions at fourpence a-day, or with the necessaries + enumerated in the clause for nothing. If it is to be left to the choice + of the soldier, the victualler receives no relief from the amendment, to + whose option, since he must suffer in either case, it ought to be + referred, because he only can tell by which method he shall suffer + least. +</p> +<p> + Mr. CORNWALL spoke in the manner following:—Sir, it is not without the + greatest diffidence that I rise to oppose the gentleman who offered the + amendment; for his abilities are so far superiour to mine, that I + object without hope of being able to support my objection, and contend + with an absolute certainty of being overcome. I know not whether it may + be allowed me to observe, that the difference between our faculties is, + with regard to strength and quickness, the same as between the cider of + his county and that of mine, except that in one part of the parallel the + advantage is on our side, and in the other on his. +</p> +<p> + The cider, sir, of our county is one of our most valuable commodities; + so much esteemed in distant places, that our merchants often sell it by + the bottle, for more than the soldier has to give for the provision of a + day; and of such strength, that I, who am accustomed to the use of it, + never was able to drink three quarts in any single day. +</p> +<p> + If, therefore, sir, the soldier is to have three quarts of this cider, + when small beer is not easily to be procured, not only the innkeeper, + but the army will be injured; for what greater harm can be done to any + man, than to initiate him in a habit of intemperance? and what outrages + and insolencies may not be expected from men trusted with swords, and + kept, from day to day, and from month to month, in habitual drunkenness + by a decree of the senate? +</p> +<p> + Sir William YONGE replied to this purpose:—Sir, I know not why the + gentleman has thought this a proper opportunity for displaying his + eloquence in the praise of his own cider. That he loves his own county + cannot be wondered, for no passion is more universal, and few less to be + censured;-but he is not to imagine that the produce of his native soil + will be generally allowed to excel that of other counties, because early + habits have endeared it to him, and familiarized it to his particular + palate. +</p> +<p> + The natives of every place prefer their own fruits and their own liquor, + and, therefore, no inference can be drawn from approbation so apparently + partial. From this prejudice I am far from suspecting myself free, nor + am desirous or industrious to overcome it: neither am I afraid of + exposing myself to all the censure that so innocent a prepossession may + bring upon me, by declaring that, in my opinion, the cider of my native + county is of equal excellence with that which this gentleman has so + liberally extolled. +</p> +<p> + Mr. CORNWALL answered to the following effect:—Sir, how little I expect + victory in this controversy I have already declared, and I need not + observe of how small importance it is what soil produces cider of the + greatest excellence and value; since, if there be other places where the + cider is equally esteemed, and purchased at the same rate, it is yet + more necessary to provide, by some exception, that the soldier shall not + be entitled to demand, of the victualler, liquor to more than thrice the + value of his pay, nor be allowed to revel in continual drunkenness, and + to corrupt his morals, and enervate his limbs by incessant debauchery. +</p> +<p> + But since, sir, the preference due to the cider of my county has been + denied, in my opinion, with great partiality and injustice, I think + myself obliged, by all the laws of honour and gratitude, to stand up + once more to vindicate its superiority, and assert its value. +</p> +<p> + The laws of honour, sir, require this from me, as they oblige every man + to stand forth a vindicator of merit slighted and oppressed; and + gratitude calls loudly upon me to exert myself in the protection of that + to which I have been often indebted for a pleasing suspense of care, and + a welcome flow of spirit and gaiety. +</p> +<p> + The cider, sir, which I am now rescuing from contemptuous comparisons, + has often exhilarated my social hours, enlivened the freedom of + conversation, and improved the tenderness of friendship, and shall not, + therefore, now want a panegyrist. It is one of those few subjects on + which an encomiast may expatiate without deviating from the truth. +</p> +<p> + Would the honourable gentleman, sir, who has thus vilified this + wonder-working nectar, but honour my table with his company, he would + quickly be forced to retract his censures; and, as many of his + countrymen have done, confess that nothing equal to it is produced in + any other part of the globe; nor will this confession be the effect of + his regard to politeness, but of his adherence to truth. +</p> +<p> + Of liquor like this, sir, two quarts is, undoubtedly, sufficient for a + daily allowance, in the lieu of small beer; nor ought even that to be + determined by the choice of the soldier, but of the innkeeper, for whose + benefit this clause is said to be inserted, and from whose grievances I + hope we shall not suffer our attention to be diverted by any incidental + questions, or ludicrous disputes. +</p> +<p> + Mr. GORE then spoke to the following effect:—Sir, that the allowance of + two quarts a-day is sufficient, and that to demand more is a wanton + indulgence of appetite, is experimentally known, and, therefore, no more + ought to be imposed upon the innkeeper. +</p> +<p> + Nor is this, sir, the only part of the clause that requires our + consideration; for some of the other particulars to be provided by the + victualler, may easily furnish perverse tempers with an opportunity of + wrangling: vinegar is not to be had in every part, of the kingdom, and, + where it cannot be procured, ought not to be required; for neither + reason nor experience will inform us that vinegar ought to be ranked + among the necessaries of life. +</p> +<p> + Sir William YONGE made the following reply:—Sir, by the alteration now + made in the clause, the innkeepers are effectually relieved from a great + part of the burden which, in my opinion, this act has hitherto laid upon + them; the necessity of furnishing the soldiers quartered upon them, with + provisions at the stated price, whatever might be the scarcity of the + season or of the country. That this was the intention of the act, is + asserted by those whose reputation and promotion are sufficient + evidences of their ability in the interpretation of our laws. +</p> +<p> + The innkeeper may now either accept or refuse the limited price, as it + shall appear to him most consistent with his interest; nor will there + be, for the future, any room for murmuring at unreasonable demands, + since he may oblige that soldier whom he cannot satisfy, to please + himself better at his own expense. +</p> +<p> + The choice of the liquor is, likewise, wholly referred to the innkeeper; + for the words in the clause requiring that he shall furnish three quarts + of small beer or cider, he complies, indisputably, with the law by + supplying either; and, therefore, the value of cider in any particular + county is not of much importance in the question before us; if cider be + more valuable than small beer, it may be withheld; if it be cheaper, it + may be substituted in its place; so that the innkeeper has nothing to + consult but his own interest. +</p> +<p> + That this is the meaning of the clause, is, I suppose, obvious to every + man that hears it read; and, therefore, I see no reason for any + alterations, because I know not any effect which they can possibly have, + except that of obscuring the sense which is now too clear to be + mistaken. +</p> +<p> + Sir John BARNARD spoke next, to the effect following:—Sir, though it + should be granted, that the clause before us is intelligible to every + member of this assembly, it will not certainly follow, that there is no + necessity of farther elucidations; for a law very easily understood by + those who make it, may be obscure to others who are less acquainted with + our general intention, less skilled in the niceties of language, or less + accustomed to the style of laws. +</p> +<p> + It is to be considered, that this law will chiefly affect a class of men + very little instructed in literature, and very unable to draw + inferences; men to whom we often find it necessary, in common cases, to + use long explanations, and familiar illustrations, and of whom it maybe + not unreasonably suspected, that the same want of education, which makes + them ignorant, may make them petulant, and at once incline them to + wrangle, and deprive them of the means of deciding their controversies. +</p> +<p> + That both innholders and soldiers are, for the greatest part, of this + rank and temper, I suppose, sir, every gentleman knows, from daily + observation; and, therefore, it will, I hope, be thought necessary to + descend to their understandings, and to give them laws in terms of which + they will know the meaning; we shall, otherwise, more consult the + interest of the lawyers than the innholders, and only, by one + alteration, produce a necessity of another. +</p> +<p> + I am therefore desirous, sir, that all the difficulties which have been + mentioned by every gentleman on this occasion, should be removed by + clear, familiar, and determinate expressions; for what they have found + difficult, may easily be, to an innholder or soldier, absolutely + inexplicable. +</p> +<p> + I cannot but declare, while I am speaking on this subject, that in my + opinion, two quarts of liquor will be a sufficient allowance. If we + consider the demands of nature, more cannot be required; if we examine + the expense of the innholder, he ought not to supply soldiers with a + greater quantity for nothing. It is to be remembered, that small beer, + like other liquors, is charged with an excise in publick-houses; and + that two quarts will probably cost the landlord a penny, and as we + cannot suppose that fire, candles, vinegar, salt, pepper, and the use of + utensils, and lodging, can be furnished for less than threepence a-day, + every soldier that is quartered upon a publick-house, may be considered + as a tax of six pounds a-year—a heavy burden, which surely ought not to + be aggravated by unnecessary impositions. +</p> +<p> + [The committee having gone through the bill, and settled the amendments, + the chairman was ordered to make his report the next day.] +</p> +<center> + HOUSE OF COMMONS, MARCH 16, 1740-1. +</center> +<p> + The report was read, and the amendments to the clauses in debate, which + then ran thus:— +</p> +<p> + That the officers and soldiers to be quartered and billeted as + aforesaid, shall be received, and furnished with diet and small beer by + the owners of the inns, livery stables, alehouses, victualling-houses, + etc. paying and allowing for the same the several rates mentioned. +</p> +<p> + Provided, that in case the innholder on whom any non-commission officers + or soldiers shall be quartered, by virtue of this act, (except on a + march,) shall be desirous to furnish such officers or soldiers with + candles, vinegar, and salt, and with either small beer or cider, not + ex-ceeding three quarts for each man <i>a-day gratis</i>, and to allow them + the use of fire, and the necessary utensils for dressing and eating + their meat, and shall give notice of such his desire to the commanding + officers, and shall furnish and allow them the same accordingly; then, + and in such case, the non-commission officers and soldiers so quartered + shall provide their own victuals; and the officer to whom it belongs to + receive, or that does actually receive the pay and subsistence of such + non-commission officers and soldiers, shall pay the several sums, + payable out of the subsistence-money for diet and small beer, to the + non-commission officers and soldiers aforesaid, and not to the innholder + or other person on whom such non-commission officers or soldiers are + quartered. +</p> +<p> + The question being put whether this clause should stand thus, +</p> +<p> + Mr. CAREW spoke to this effect:—Sir, though it may, perhaps, be + allowed, that the circumstances of our present situation oblige us to + support a more numerous army than in former years, surely no argument + can be drawn from them that can show the necessity of a profuse + allowance to our soldiers, or of gratifying their desires by the + oppression of the innholders. +</p> +<p> + If, sir, the designs of our enemies are so malicious, and their power so + formidable, as to demand augmentations of our troops, and additions to + our natural securities, they ought, surely, to impress upon us the + necessity of frugal measures, that no useless burdens may be imposed + upon the people. +</p> +<p> + To furnish two quarts of beer, sir, every day for nothing, is, + undoubtedly, an imposition sufficiently grievous; and I can, therefore, + discover no reason for which an allowance of three should be + established; a proposal injurious to the victualler, because it exacts + more than he can afford to allow, and of no benefit to the soldier, + because it offers him more than he can want. +</p> +<p> + Sir William YONGE spoke next, to this purpose:—Sir, if it is an + instance of misconduct to spend upon any affair more time than the + importance of it deserves, I am afraid that the clause, to which our + attention is now recalled, may expose us to censure, and that we may be + charged with neglecting weighty controversies, and national questions, + to debate upon trifles; of wasting our spirits upon subjects unworthy of + contention; of defeating the expectations of the publick, and diverting + our enemies rather than opposing them. +</p> +<p> + But, sir, as nothing has a more immediate tendency to the security of + the nation than a proper establishment of our forces, and the regulation + of their quarters is one of the most necessary and difficult parts of + the establishment; it is requisite that we think no question of this + kind too trivial for our consideration, since very dangerous + disturbances have often been produced by petty disputes. +</p> +<p> + The quantity, sir, of small beer to be allowed by the victualler to + those soldiers who shall provide their own victuals, was disputed + yesterday, and, as I thought, agreed upon; but since this question is + revived, I must take the opportunity to declare, that we ought not to + assign less than three quarts a-day to each man; for it is to be + remembered by those who estimate the demands by their own, how much + their way of life is different from that of a common soldier, and how + little he can be charged with wantonness and superfluity, for drinking + more small liquor than themselves. +</p> +<p> + There are few members of this house, who do not, more than once a-day, + drink tea, coffee, chocolate, or some other cooling and diluting + infusion; delicacies which the soldier cannot purchase; to which he is + entirely a stranger, and of which the place must be supplied by some + other cheap and wholesome liquors. +</p> +<p> + If, sir, those gentlemen whose close attention to the interest of the + innholder has, perhaps, abstracted them, in some degree, from any regard + to the necessities of a soldier, will consent to allow him five pints + a-day, I shall contend no longer; for though I cannot agree that it is a + sufficient provision, yet, as other gentlemen, equally able to judge in + this subject with myself, are of a different opinion, I shall show my + regard for their sentiments by desisting from opposition. +</p> +<p> + Lord BALTIMORE spoke in substance as follows:—Sir, I am not able to + discover any necessity of compromising this debate, by taking the mean + between the two different opinions, or for denying to the soldiers what + every labourer or serving-man would murmur to be refused for a single + day. +</p> +<p> + I believe, sir, every gentleman, who examines the expense of his family, + will find that each of his servants consumes daily at least three quarts + of small beer, and surely it is not to be required that a soldier should + live in a perpetual state of war with his constitution, and a constant + inability to comply with the calls of nature. +</p> +<p> + General HANDASYD spoke to the following purpose:—Sir, the inclination + shown by several gentlemen for a penurious and scanty provision for the + soldiers, must, in my opinion, proceed from an inattentive consideration + of their pay, and will, therefore, be removed, by laying before them an + account of his condition, and comparing his daily pay with his daily + expenses. +</p> +<p> + The whole pay of a foot soldier, sir, is sixpence a-day, of which he is + to pay fourpence to his landlord for his diet, or, what is very nearly + the same, to carry fourpence daily to the market, for which how small a + supply of provisions he can bring to his quarters, especially in time of + scarcity, I need not mention. +</p> +<p> + There remain then only twopence, sir, to be disbursed for things not + immediately necessary for the preservation of life, but which no man can + want without being despicable to others and burdensome to himself. + Twopence a-day is all that a soldier has to lay out upon cleanliness and + decency, and with which he is likewise to keep his arms in order, and to + supply himself with some part of his clothing. If, sir, after these + deductions, he can, from twopence a-day, procure himself the means of + enjoying a few happy moments in the year with his companions over a cup + of ale, is not his economy much more to be envied than his luxury? Or + can it be charged upon him that he enjoys more than his share of the + felicities of life? Is he to be burdened with new expenses lest he + should hoard up the publick money, stop the circulation of coin, and + turn broker or usurer with twopence a-day? +</p> +<p> + I have been so long acquainted, sir, with the soldier's character, that + I will adventure to secure him from the charge of avarice, and to + promise that whatever he shall possess not necessary to life, he will + enjoy to the advantage of his landlord. +</p> +<p> + Then the advocate CAMPBELL spoke in substance as follows:—Sir, I am far + from intending to oppose this proposal of five pints, though, upon a + rigorous examination, it might appear more than the mere wants of nature + require; for I cannot but declare that this question has too long + engaged the attention of the house, and that the representatives of a + mighty nation beset with enemies, and encumbered with difficulties, seem + to forget their importance and their dignity, by wrangling from day to + day upon a pint of small beer. +</p> +<p> + I conceive the bill, which we are now considering, sir, not as a + perpetual and standing law, to be interwoven with our constitution, or + added to the principles of our government, but as a temporary + establishment for the present year; an expedient to be laid aside when + our affairs cease to require it; an experimental essay of a new + practice, which may be changed or continued according to its success. +</p> +<p> + To allow, sir, five pints of small beer a-day to our soldiers, for a + single year, can produce no formidable inconveniency, and may, though it + should not be entirely approved, be of less disadvantage to the publick, + than the waste of another day. +</p> +<p> + [An alteration was made to five pints, instead of three quarts; and the + bill, thus amended, was ordered to be engrossed, and a few days + afterwards, being read a third time, was passed, and ordered to the + lords, where it occasioned no debate.] +</p> +<a name="2H_4_16"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF COMMONS, APRIL 12, 1741. +</h2> +<center> + [DEBATE ON ADDRESSING THE KING.] +</center> +<p> + A copy of his majesty's speech being read, Mr. CLUTTERBUCK-BUCK rose, + and spoke as follows:— +</p> +<p> + Sir, the present confusion in Europe, the known designs of the French, + the numerous claims to the Austrian dominions, the armies which are + levied to support them, and the present inability of the queen of + Hungary to maintain those rights which descend to her from her + ancestors, and have been confirmed by all the solemnities of treaties, + evidently require an uncommon degree of attention in our consultations, + and of vigour in our proceedings. +</p> +<p> + Whatever may be the professions of the French, their real designs are + easily discovered, designs which they have carried on, either openly, or + in private, for near a century, and which it cannot be expected that + they will lay aside, when they are so near to success. Their view, sir, + in all their wars and treaties, alliances and intrigues, has been the + attainment of universal dominion, the destruction of the rights of + nature, and the subjection of all the rest of mankind; nor have we any + reason to imagine that they are not equally zealous for the promotion of + this pernicious scheme, while they pour troops into Germany, for the + assistance of their ally, as when they wasted kingdoms, laid cities in + ashes, and plunged millions into misery and want, without any other + motive than the glory of their king. +</p> +<p> + But the French are not the only nation at this time labouring for the + subversion of our common liberties. Our liberties, sir, are endangered + by those equally interested with ourselves in their preservation; for in + what degree soever any of the princes who are now endeavouring to divide + among themselves the dominions of Austria, may be pleased with the + acquisition of new territories, and an imaginary increase of influence + and power, it must be evident to all who are not dazzled by immediate + interest, that they are only fighting for France, and that by the + destruction of the Austrian family, they must in a short time fall + themselves. +</p> +<p> + It is well known, sir, though it is not always remembered, that + political as well as natural greatness is merely comparative, and that + he only is a powerful prince, who is more powerful than those with whom + he can have any cause of contention. That prince, therefore, who + imagines his power enlarged by a partition of territories, which gives + him some additional provinces, may be at last disappointed in his + expectations: for, if this partition gives to another prince already + greater than himself, an opportunity of increasing his strength in a + degree proportionate to his present superiority, the former will soon + find, that he has been labouring for nothing, and that his danger is + still the same. +</p> +<p> + Such, sir, is the case of the king of Prussia, who, when he has overrun + that part of Germany, to which he now lays claim, will only have + weakened the house of Austria, without strengthening himself. +</p> +<p> + He is at present secure in the possession of his dominions, because + neither the Austrians would suffer the French, nor the French permit the + Austrians to increase-their power by subduing him. Thus, while the + present equipoise of power is maintained, jealousy and caution would + always procure him an ally whenever he should be attacked; but when, by + his assistance, the Austrian family shall be ruined, who shall defend + him against the ambition of France? +</p> +<p> + While the liberties of mankind are thus equally endangered by folly and + ambition, attacked on one side, and neglected on the other, it is + necessary for those who foresee the calamity that threatens them, to + exert themselves in endeavours to avert it, and to retard the fatal + blow, till those who are now lulled by the contemplation of private + advantage, can be awakened into a just concern for the general happiness + of Europe, and be convinced that they themselves can only be secure by + uniting in the cause of liberty and justice. +</p> +<p> + For this reason, sir, our sovereign has asserted the Pragmatick + sanction, and promised to assist the queen of Hungary with the forces + which former treaties have entitled her to demand from him; for this + reason he has endeavoured to rouse the Dutch from their supineness, and + excite them to arm once more for the common safety, to intimidate, by + new augmentations, those powers whose ardour, perhaps, only subsists + upon the confidence that they shall not be resisted, and to animate, by + open declarations in favour of the house of Austria, those who probably + are only hindered from offering their assistance, by the fear of + standing alone against the armies of France. +</p> +<p> + That by this conduct he may expose his dominions on the continent to + invasions, ravages, and the other miseries of war, every one who knows + their situation must readily allow; nor can it be doubted by any man who + has heard of the power of the Prussians and French, that they may commit + great devastations with very little opposition, the forces of the + electorate not being sufficient to give them battle; for though the + fortified towns might hold out against them, that consideration will + very little alleviate the concern of those who consider the miseries of + a nation, whose enemies are in possession of all the open country, and + who from their ramparts see their harvest laid waste, and their villages + in flames. The fortifications contain the strength, but the field and + the trading towns comprise the riches of a people, and the country may + be ruined which is not subdued. +</p> +<p> + As, therefore, sir, the electoral dominions of his majesty are now + endangered, not by any private dispute with the neighbouring princes, + but by his firmness in asserting the general rights of Europe; as the + consequences of his conduct, on this occasion, will be chiefly + beneficial to Britain, we ought surely to support him in the prosecution + of this design; a design which we cannot but approve, since our + ancestors have always carried it on without regard either to the danger + or the expense. +</p> +<p> + In conformity to this maxim of politicks, so clearly founded in equity, + and so often justified by the votes of the senate, has his majesty been + pleased to declare to us his resolution to adhere to his engagements, + and oppose all attempts that may be forming in favour of any unjust + pretensions to the prejudice of the house of Austria. 'Tis for this end + he desires the concurrence of his senate. I hope every gentleman in this + house will agree with me that we ought to declare our approbation of + these measures, in such terms as may show the world, that those who + shall dare to obstruct them, must resolve to incur the resentment of + this nation, and expose themselves to all the opposition which the + senate of Britain can send forth against them. We ought to pronounce + that the territories of Hanover will be considered, on this occasion, as + the dominions of Britain, and that any attack on one or the other will + be equally resented. I, therefore, move, that an humble address be + presented by this house to his majesty, +</p> +<p> + To return our thanks for his speech; to express our dutiful sense of his + majesty's just regard for the rights of the queen of Hungary, and for + maintaining the Pragmatick sanction; to declare our concurrence in the + prudent measures which his majesty is pursuing for the preservation of + the liberties and balance of power in Europe; to acknowledge his + majesty's wisdom and resolution, in not suffering himself to be diverted + from steadily persevering in his just purposes of fulfilling his + engagements with the house of Austria; also, further to assure his + majesty, that, in justice to and vindication of the honour and dignity + of the British crown, we will effectually stand by and support his + majesty against all insults and attacks, which any prince or power, in + resentment of the just measures which he has so wisely taken, shall make + upon any of his majesty's dominions, though not belonging to the crown + of Great Britain. And that in any future events, which might make it + necessary for him to enter into still larger expenses, this house will + enable him to contribute, in the most effectual manner, to the support + of the queen of Hungary, to the preventing, by all reasonable means, the + subversion of the house of Austria, and to the maintaining the + Pragmatick sanction and the liberties and balance of Europe. +</p> +<p> + Mr. FOX seconded the motion in this manner:—Sir, the expediency, if not + the necessity of the address now moved for, will, I believe, be readily + allowed by those who consider the just measures which are pursued by his + majesty, the end which is intended by them, and the powers by which they + are opposed. +</p> +<p> + How much it is our duty to support the house of Austria it is not + necessary to explain to any man who has heard the debates of this + assembly, or read the history of the last war. How much it is our duty + to support it, is evident, as soon as it is known by whom it is + attacked; by the ancient enemy of these nations, by the general + disturber of the universe, by the formidable oppressors of liberty, + exulting in new acquisitions, inflamed with the madness of universal + monarchy, and elated with an opportunity of subjecting Germany, by + exalting to the supreme power a prince who shall hold his authority only + by their permission. +</p> +<p> + The house of Austria, which has so often stood forth in defence of our + common rights, which has poured armies into the field, in confederacy + with Britain, to suppress the insolence of that family which nothing + could satisfy but boundless power, now demands the assistance which it + has so often afforded; that assistance is demanded from us by every + claim which the laws of society can enact, or the dictates of nature can + suggest, by treaties maturely considered, and solemnly confirmed, by the + ties of ancient friendship, and the obligations of common interest. +</p> +<p> + To violate the publick faith, and to neglect the observation of + treaties, is to sink ourselves below barbarity, to destroy that + confidence which unites mankind in society. To deny or evade our + stipulations, sir, is to commit a crime which every honest mind must + consider with abhorrence, and to establish a precedent which may be used + hereafter to our own destruction. +</p> +<p> + To forsake an ancient ally only because we can receive no immediate + advantage from his friendship, or because it may be in some degree + dangerous to adhere to him; to forsake him when he most wants our good + offices, when he is distressed by his enemies, and deserted by others + from whom he had reason to hope for kinder treatment, is the most + despicable, the most hateful degree of cowardice and treachery. +</p> +<p> + The obligations of interest, sir, it is not often needful to enforce, + but it may be observed on this occasion, that a single year of neglect + may never be retrieved. We may, sir, now be able to support those whom, + when once dispossessed, it will not be in our power to restore; and that + if we suffer the house of Austria to be overborne, our posterity, + through every generation, may have reason to curse our injudicious + parsimony, our fatal inactivity, and our perfidious cowardice. +</p> +<p> + With what views the king of Prussia concurs in the French measures, or + upon what principles of policy he promises to himself any security in + the enjoyment of his new dominions, it is not easy to conjecture; but as + it is easy to discover, that whatever he may propose to himself, his + conduct evidently tends to the ruin of Europe, so he may, in my opinion, + justly be opposed, if he cannot be diverted or made easy. +</p> +<p> + Nor can we, sir, if this opposition should incite him, or any other + power, to an invasion of his majesty's foreign dominions, refuse them + our protection and assistance: for as they suffer for the cause which we + are engaged to support, and suffer only by our measures, we are at + least, as allies, obliged by the laws of equity and the general compacts + of mankind, to arm in their defence; and what may be claimed by the + common right of allies, we shall surely not deny them, only because they + are more closely united to us, because they own the same monarch with + ourselves. +</p> +<p> + Mr. PULTENEY spoke to the following purpose:—Sir, with what eagerness + the French snatch every opportunity of increasing their influence, + extending their dominions, and oppressing their neighbours, the + experience of many years has convinced all Europe; and it is evident + that unless some power be preserved in a degree of strength nearly equal + to theirs, their schemes, pernicious as they are, cannot be defeated. +</p> +<p> + That the only power from which this opposition can be hoped, is the + house of Austria, a very superficial view of this part of the globe, + will sufficiently demonstrate; of this we were long since so strongly + convinced, that we employed all our forces and all our politicks to + aggrandize this house. We endeavoured not only to support it in all its + hereditary rights, but to invest it with new sovereignties, and extend + its authority over new dominions. +</p> +<p> + Why we afterwards varied in our councils and our measures, I have long + inquired without any satisfaction, having never, sir, with the utmost + application, been able to discover the motives to the memorable treaty + of Hanover, by which we stipulated to destroy the fabrick that we had + been so long and so laboriously endeavouring to erect; by which we + abandoned that alliance which we had so diligently cultivated, which we + had preferred to peace, plenty, and riches, and for which we had + cheerfully supported a tedious, a bloody, and an expensive war. +</p> +<p> + This conduct, sir, raises a greater degree of admiration, as the authors + of it had exhausted all their eloquence in censuring the treaty of + Utrecht, and had endeavoured to expose those who transacted it to the + general hatred of the nation; as they always expressed in the strongest + terms their dread and detestation of the French; as they animated all + their harangues, and stunned their opponents with declarations of their + zeal for the liberties of Europe. +</p> +<p> + By what impulse or what infatuation, these asserters of liberty, these + enemies of France, these guardians of the balance of power, were on the + sudden prevailed on to declare in favour of the power whom they had so + long thought it their chief interest and highest honour to oppose, must + be discovered by sagacity superiour to mine. But after such perplexity + of councils and such fluctuation of conduct, it is necessary to inquire + more particularly what are the present intentions of the ministry, what + alliances have been formed, and what conditions are required to be + fulfilled. +</p> +<p> + If we are obliged only to supply the queen of Hungary with twelve + thousand men, we have already performed our engagements; if we have + promised any pecuniary assistance, the sum which we have stipulated to + furnish ought to be declared; for I suppose, at least, our engagements + have some limits, and that we are not to exert all the force of the + nation, to fight as if fire and sword were at our gates, or an invader + were landing armies upon our coasts. +</p> +<p> + I have, sir, from my earliest years been zealous for the defence and + exaltation of the house of Austria, and shall be very far from proposing + that any danger or distress should influence us to desert it; but I do + not easily discover by what means we shall be able to afford any + efficacious assistance: for the power of Britain consists chiefly in + naval armaments, which can be of very little use to the queen of + Hungary, and I know not any state that will easily consent to unite with + us on this occasion. +</p> +<p> + If there be, sir, any states remaining in Europe which the French can + neither intimidate nor bribe, we ought studiously to solicit and + diligently to cultivate their friendship; but whether any, except the + Moscovites, are now independent, or sufficiently confident of their own + strength to engage in such a hazardous alliance, may be justly doubted. +</p> +<p> + The late grand alliance, sir, was supported at the expense of this + nation alone; nor was it required from the other confederates to exhaust + the treasure of their country in the common cause. I hope the debt which + that war has entailed upon us will instruct us to be more frugal in our + future engagements, and to stipulate only what we may perform without + involving the nation in misery, which victories and triumphs cannot + compensate. +</p> +<p> + The necessity, sir, of publick economy obliges me to insist, that before + any money shall be granted, an account be laid before the senate, in + particular terms, of the uses to which it is to be applied. To ask for + supplies in general terms, is to demand the power of squandering the + publick money at pleasure, and to claim, in softer language, nothing + less than despotick authority. +</p> +<p> + It has not been uncommon for money, granted by the senate, to be spent + without producing any of those effects which were expected from it, + without assisting our allies, or humbling our enemies; and, therefore, + there is reason for suspecting that money has sometimes been asked for + one use and applied to another. +</p> +<p> + If our concurrence, sir, is necessary to increase his majesty's + influence on the continent, to animate the friends of the house of + Austria, or to repress the disturbers of the publick tranquillity, I + shall willingly unite with the most zealous advocates for the + administration in any vote of approbation or assistance, not contrary to + the act of settlement, that important and well-concerted act, by which + the present family was advanced to the throne, and by which it is + provided, that Britain shall never be involved in war for the + enlargement or protection of the dominions of Hanover, dominions from + which we never expected nor received any benefit, and for which, + therefore, nothing ought to be either suffered or hazarded. +</p> +<p> + If it should be again necessary to form a confederacy, and to unite the + powers of Europe against the house of Bourbon, that ambitious, that + restless family, by which the repose of the world is almost every day + interrupted, which is incessantly labouring against the happiness of + human nature, and seeking every hour an opportunity of new + encroachments, I declare, sir, that I shall not only, with the greatest + cheerfulness, bear my share of the publick expense, but endeavour to + reconcile others to their part of the calamities of war. This, sir, I + have advanced in confidence, that sufficient care shall be taken, that + in any new alliance we shall be parties, not principals; that the + expense of war, as the advantage of victory, shall be common; and that + those who shall unite with us will be our allies, not our mercenaries. +</p> +<p> + Mr. WALPOLE then spoke, to the following purpose:—Sir, it is not + without reason that the honourable gentleman desires to be informed of + the stipulations contained in the treaty by which we have engaged to + support the Pragmatick sanction; for I find that he either never knew + them or has forgotten them; and, therefore, those reasonings which he + has formed upon them fall to the ground. +</p> +<p> + We are obliged, sir, by this treaty, to supply the house of Austria with + twelve thousand men, and the Dutch, who were engaged in it by our + example, have promised a supply of five thousand. This force, joined to + those armies which the large dominions of that family enable them to + raise, were conceived sufficient to repel any enemy by whom their rights + should be invaded. +</p> +<p> + But because in affairs of such importance nothing is to be left to + hazard, because the preservation of the equipoise of power, on which the + liberties of almost all mankind, who can call themselves free, must be + acknowledged to depend, ought to be rather certain, than barely + probable; it is stipulated farther, both by the French and ourselves, + that if the supplies, specified in the first article, shall appear + insufficient, we shall unite our whole force in the defence of our ally, + and struggle, once more, for independence, with ardour proportioned to + the importance of our cause. +</p> +<p> + By these stipulations, sir, no engagements have been formed that can be + imagined to have been prohibited by the act of settlement, by which it + is provided, that the house of Hanover shall not plunge this nation into + a war, for the sake of their foreign dominions, without the consent of + the senate; for this war is by no means entered upon for the particular + security of Hanover, but for the general advantage of Europe, to repress + the ambition of the French, and to preserve ourselves and our posterity + from the most abject dependence upon a nation exasperated against us by + long opposition, and hereditary hatred. +</p> +<p> + Nor is the act of settlement only preserved unviolated by the reasons of + the present alliance, but by the regular concurrence of the senate which + his majesty has desired, notwithstanding his indubitable right of making + peace and war by his own authority. I cannot, therefore, imagine upon + what pretence it can be urged, that the law, which requires that no war + shall be made on account of the Hanoverian dominions without the consent + of the senate, is violated, when it is evident that the war is made upon + other motives, and the concurrence of the senate is solemnly desired. +</p> +<p> + But such is the malevolence with which the conduct of the administration + is examined, that no degree of integrity or vigilance can secure it from + censure. When, in the present question, truth and reason are evidently + on their side, past transactions are recalled to memory, and those + measures are treated with the utmost degree of contempt and ridicule, of + which the greatest part of the audience have probably forgotten the + reasons, and of which the authors of them do not always stand up in the + defence, because they are weary of repeating arguments to those who + listen with a resolution never to be convinced. +</p> +<p> + How well, sir, those by whom the ministry is opposed, have succeeded in + hardening their minds against the force of reason, is evident from their + constant custom of appealing from the senate to the people, and + publishing, in pamphlets, those arguments which they have found + themselves, in this assembly, unable to support; a practice which + discovers rather an obstinate resolution to obstruct the government, + than zeal for the prosperity of their country, and which, to speak of it + in the softest terms, seems to be suggested more by the desire of + popularity than the love of truth. +</p> +<p> + Mr. SANDYS spoke to the effect following:—Sir, notwithstanding the + confidence with which this motion has been offered and defended, + notwithstanding the specious appearance of respect to his majesty, by + which it is recommended, I am not ashamed to declare, that it appears to + me inconsistent with the trust reposed in us by our constituents, who + owe their allegiance to the king of Britain, and not to the elector of + Hanover. +</p> +<p> + It will be urged, sir, by the people, whom we sit here to represent, + that they are already embarrassed with debts, contracted in a late war, + from which, after the expense of many millions, and the destruction of + prodigious multitudes, they receive no advantage; and that they are now + loaded with taxes for the support of another, of which they perceive no + prospect of a very happy or honourable conclusion, of either security or + profit, either conquests or reprisals; and that they are, therefore, by + no means willing to see themselves involved in any new confederacy, by + which they may entail on their posterity the same calamities, and oblige + themselves to hazard their fortunes and their happiness in defence of + distant countries, of which many of them have scarcely heard, and from + which no return of assistance is expected. +</p> +<p> + Mr. WALPOLE spoke again, to this purpose:—Sir, though it is not + necessary to refute every calumny that malice may invent, or credulity + admit, or to answer those of whom it may reasonably be conceived that + they do not credit their own accusations, I will yet rise, once more, in + vindication of the treaty of Hanover, to show with how little reason it + is censured, to repress the levity of insult, and the pride of + unreasonable triumph. +</p> +<p> + The treaty of Hanover, sir, how long soever it has been ridiculed, and + with whatever contempt those by whom it was negotiated have been + treated, was wise and just. It was just, because no injury was intended + to any power, no invasion was planned, no partition of dominions + stipulated, nothing but our own security desired. It was wise, because + it produced the end proposed by it, and established that security which + the Austrians and Spaniards were endeavouring to destroy. +</p> +<p> + The emperour of Germany, sir, had then entered into a secret treaty of + alliance with Spain, by which nothing less was designed than the total + destruction of our liberties, the diminution of our commerce, the + alienation of our dominions, and the subversion of our constitution. We + were to have been expelled from Gibraltar, and totally excluded from the + Mediterranean, the pretender was to have been exalted to the throne, and + a new religion, with the slavery that always accompanies it, to have + been introduced amongst us, and Ostend was to have been made a port, and + to have shared the poor remains of our commerce to foreign nations. +</p> +<p> + This unjust, this malicious confederacy, was then opposed with the + utmost vehemence by the imperial general, whose courage and military + capacity are celebrated throughout the world, and whose political + abilities and knowledge of the affairs of Europe, were equal to his + knowledge of war. He urged, with great force, that such a confederacy + would disunite the empire for ever from the maritime powers, by which it + had been supported, and which were engaged by one common interest in the + promotion of its prosperity: but his remonstrances availed nothing, and + the alliance was concluded. +</p> +<p> + When our ancient allies, who had been so often succoured with our + treasure, and defended by our arms, had entered into such engagements; + when it was stipulated not only to impoverish but enslave us; not only + to weaken us abroad, but to deprive us of every domestick comfort; when + a scheme was formed that would have spread misery over the whole nation, + and have extended its consequences to the lowest orders of the + community, it was surely necessary to frustrate it by some alliance, and + with whom could we then unite, but with France? +</p> +<p> + This is not the only fact on which gentlemen have ventured to speak with + great freedom without sufficient information; the conduct of our allies + in the late war has been no less misrepresented than that of our + ministers in their negotiations. They have been charged with imposing + upon us the whole expense of the confederacy, when it may be proved, + beyond controversy, that the annual charge of the Dutch was five + millions. +</p> +<p> + Nor did they, sir, only contribute annually thus largely to the common + cause, but when we forsook the alliance, and shamefully abandoned the + advantages we had gained, they received our mercenaries into their own + pay, and expended nine millions in a single year. +</p> +<p> + Of the truth of these assertions it is easy to produce incontestable + evidence, which, however, cannot be necessary to any man who reflects, + that from one of the most wealthy nations in the world, the Dutch, with + all their commerce, and all their parsimony, are reduced to penury and + distress; for who can tell by what means they have sunk into their + present low condition, if they suffered nothing by the late war? +</p> +<p> + How this gentleman, sir, has been deceived, and to whose insinuations + his errours are to be imputed, I am at no loss to discover. I hope he + will, by this confutation, be warned against implicit credulity, and + remember with what caution that man is to be trusted, whose pernicious + counsels have endangered his country. +</p> +<p> + Mr. VYNER spoke thus:—Sir, it is, in my opinion, an incontestable + maxim, that no measures are eligible, which are unjust; and that, + therefore, before any resolutions are formed, we ought to examine not + what motives may be suggested by expedience, but what arguments may be + advanced by equity on one part or the other. +</p> +<p> + If I do not mistake the true intent of the address now proposed, we are + invited to declare that we will oppose the king of Prussia in his + attempts upon Silesia, a declaration in which I know not how any man can + concur, who knows not the nature of his claim, and the laws of the + empire. It ought, therefore, sir, to have been the first endeavour of + those by whom this address has been so zealously promoted, to show that + his claim, so publickly explained, so firmly urged, and so strongly + supported, is without foundation in justice or in reason, and is only + one of those imaginary titles, which ambition may always find to the + dominions of another. +</p> +<p> + But no attempt has been yet made towards the discussion of this + important question, and, therefore, I know not how any man can call upon + us to oppose the king of Prussia, when his claim may probably be just, + and, by consequence, such as, if it were necessary for us to engage in + the affairs of those distant countries, we ought to join with him in + asserting. +</p> +<p> + Lord GAGE spoke next, in substance as follows:—Sir, as no member of + this assembly can feel a greater degree of zeal for his majesty's honour + than myself; none shall more readily concur in any expression of duty or + adherence to him. +</p> +<p> + But I have been always taught that allegiance to my prince is consistent + with fidelity to my country, that the interest of the king and the + people of great Britain is the same; and that he only is a true subject + of the crown, who is a steady promoter of the happiness of the nation: +</p> +<p> + For this reason I think it necessary to declare, that Hanover is always + to be considered as a sovereignty separate from that of Britain, and as + a country with laws and interests distinct from ours; and that it is the + duty of the representatives of this nation, to take care that interests + so different may never be confounded, and that Britain may incur no + expense of which Hanover alone can enjoy the advantage. +</p> +<p> + If the elector of Hanover should be engaged in war with any of the + neighbouring sovereigns, who should be enabled, by a victory, to enter + into the country, and carry the terrours of war through all his + territories, it would by no means be necessary for this nation to + interpose; for the elector of Hanover might lose his dominions without + any disadvantage or dishonour to the king or people of Britain. +</p> +<a name="2H_4_17"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF COMMONS, APRIL 16, 1741. +</h2> +<center> + DEBATE ON A MOTION FOR SUPPORTING THE QUEEN OF HUNGARY. +</center> +<p> + His majesty went this day to the house of lords, and after his assent to + several bills, he, in a speech from the throne to both houses of the + senate, acquainted them, that the war raised against the queen of + Hungary, and the various claims on the late German emperour's + succession, might expose the dominions of such princes as should incline + to support the Pragmatick sanction to imminent danger. That the queen of + Hungary required the twelve thousand men stipulated by treaty, and + thereupon he had demanded of the king of Denmark, and of the king of + Sweden, as sovereign of Hesse Cassel, their respective bodies of troops, + of six thousand men each, to be in readiness to march to her assistance. + That he was concerting such farther measures as may disappoint all + dangerous designs forming to the prejudice of the house of Austria, + which might make it necessary for him to enter into still larger + expenses for maintaining the Pragmatick sanction. He, therefore, in a + conjuncture so critical, desired the concurrence of his senate, in + enabling him to contribute, in the most effectual manner, to the support + of the queen of Hungary, the preventing, by all reasonable means, the + subversion of the house of Austria, and to the maintaining the liberties + and balance of power in Europe. +</p> +<p> + The house of commons, in their address upon this occasion, expressed a + dutiful sense of his majesty's just regard for the rights of the queen + of Hungary, and for the maintaining the Pragmatick sanction; they + declared their concurrence in the prudent measures which his majesty was + pursuing for the preservation of the liberties and balance of power in + Europe; they assured his majesty, that, in justice to, and vindication + of the honour and dignity of the British crown, they would effectually + stand by and support his majesty against all insults and attacks, which + any power, in resentment of the just measures which he had so wisely + taken, should make upon any of his majesty's dominions, though not + belonging to the crown of Great Britain. They farther assured his + majesty, that in any future events which might make it necessary for him + to enter into still larger expenses, they would enable him to + contribute, in the most effectual manner, to the support of the designs + he proposed. +</p> +<p> + His majesty, in his answer to this address, observed their readiness in + enabling him to make good his engagements with the queen of Hungary, and + the assurances given him not to suffer his foreign dominions to be + insulted on account of the measures he was pursuing for the support of + the Pragmatick sanction, etc. +</p> +<p> + In consequence of this procedure, the house, pursuant to order, resolved + itself into a committee, to consider of the supplies granted to his + majesty. +</p> +<p> + Upon this occasion, a motion was made by sir Robert WALPOLE for a grant + of three hundred thousand pounds, for the support of the queen of + Hungary, on which arose the following debate: +</p> +<p> + Sir Robert WALPOLE supported his motion by a speech, in substance as + follows:—Sir, the necessity of this grant appears so plainly from the + bare mention of the purposes for which it is asked, that I can scarcely + conceive that its reasonableness will be disputed. I can discover no + principles upon which an objection to this motion can be founded, nor + the least arguments by which such objection can be supported. +</p> +<p> + The indispensable obligations of publick faith, the great ties by which + nations are united, and confederacies formed, I cannot suppose any man + inclined to invalidate. An exact performance of national promises, and + inviolable adherence to treaties, is enforced at once by policy and + justice, and all laws both of heaven and earth. +</p> +<p> + Publick perfidy, sir, like private dishonesty, whatever temporary + advantages it may promise or produce, is always, upon the whole, the + parent of misery. Every man, however prosperous, must sometimes wish for + a friend; and every nation, however potent, stand in need of an ally; + but all alliances subsist upon mutual confidence, and confidence can be + produced only by unlimited integrity, by known firmness, and approved + veracity. +</p> +<p> + The use of alliances, sir, has, in the last age, been too much + experienced to be contested; it is by leagues well concerted, and + strictly observed, that the weak are defended against the strong, that + bounds are set to the turbulence of ambition, that the torrent of power + is restrained, and empires preserved from those inundations of war, + that, in former times, laid the world in ruins. By alliances, sir, the + equipoise of power is maintained, and those alarms and apprehensions + avoided, which must arise from daily vicissitudes of empire, and the + fluctuations of perpetual contest. +</p> +<p> + That it is the interest of this nation to cultivate the friendship of + the house of Austria, to protect its rights, and secure its succession, + to inform it when mistaken, and to assist it when attacked, is allowed + by every party. Every man, sir, knows that the only power that can + sensibly injure us, by obstructing our commerce, or invading our + dominions, is France, against which no confederacy can be formed, except + with the house of Austria, that can afford us any efficacious support. +</p> +<p> + The firmest bond of alliances is mutual interest. Men easily unite + against him whom they have all equal reason to fear and to hate; by whom + they have been equally injured, and by whom they suspect that no + opportunity will be lost of renewing his encroachments. Such is the + state of this nation, and of the Austrians. We are equally endangered by + the French greatness, and equally animated against it by hereditary + animosities, and contests continued from one age to another; we are + convinced that, however either may be flattered or caressed, while the + other is invaded, every blow is aimed at both, and that we are divided + only that we may be more easily destroyed. +</p> +<p> + For this reason we engaged in the support of the Pragmatick sanction, + and stipulated to secure the imperial crown to the daughters of Austria; + which was nothing more than to promise, that we would endeavour to + prevent our own destruction, by opposing the exaltation of a prince who + should owe his dignity to the French, and, in consequence of so close an + alliance, second all their schemes, admit all their claims, and + sacrifice to their ambition the happiness of a great part of mankind. +</p> +<p> + Such would probably be the consequence, if the French should gain the + power of conferring the imperial crown. They would hold the emperour in + perpetual dependence, would, perhaps, take possession of his hereditary + dominions, as a mortgage for their expenses; would awe him with the + troops which they sent under a pretence of assisting him, and leave him + only the titles of dominion, and the shadows of empire. +</p> +<p> + In this state would he remain, whilst his formidable allies were + extending their dominions on every side. He would see one power subdued + after another, and himself weakened by degrees, and only not deprived of + his throne, because it would be unnecessary to dethrone him; or he would + be obliged to solicit our assistance to break from his slavery, and we + should be obliged, at the utmost hazard, and at an expense not to be + calculated, to remedy what it is, perhaps, now in our power to prevent + with very little difficulty. +</p> +<p> + That this danger is too near to be merely chimerical, that the queen of + Hungary is invaded, and her right to the imperial dignity contested, is + well known; it is, therefore, the time for fulfilling our engagements; + engagements of the utmost importance to ourselves and our posterity; and + I hope the government will not be accused of profusion, if, for three + hundred thousand pounds, the liberties of Europe shall be preserved. +</p> +<p> + We cannot deny this grant without acting in opposition to our late + professions of supporting his majesty in his endeavours to maintain the + Pragmatick sanction, and of assisting him to defend his foreign + dominions from any injuries to which those endeavours should expose + them; for how can he without forces defend his dominions, or assist his + ally? or how can he maintain forces without supplies? +</p> +<p> + Mr. SHIPPEN next rose, and spoke thus:—Sir, as I have always + endeavoured to act upon conviction of my duty, to examine opinions + before I admit them, and to speak what I have thought the truth, I do + not easily change my conduct, or retract my assertions; nor am I + deterred from repeating my arguments when I have a right to speak, by + the remembrance that they have formerly been unsuccessful. +</p> +<p> + Every man, when he is confident himself, conceives himself able to + persuade others, and imagines that their obstinacy proceeds from other + motives than reason; and that, if he fails at one time to gain over his + audience, he may yet succeed in some happier moment, when their + prejudices shall be dissipated, or their interest varied. +</p> +<p> + For this reason, though it cannot be suspected that I have forgotten the + resentment which I have formerly drawn upon myself, by an open + declaration of my sentiments with regard to Hanover, I stand up again, + with equal confidence, to make my protestations against any + interposition in the affairs of that country, and to avow my dislike of + the promise lately made to defend it: a promise, inconsistent, in my + opinion, with that important and inviolable law, the <i>act of + settlement!</i>—a promise, which, if it could have been foreknown, would, + perhaps, have for ever precluded from the succession that illustrious + family, to which we owe such numberless blessings, such continued + felicity! +</p> +<p> + Far be it from me to insinuate that we can be too grateful to his + majesty, or too zealous in our adherence to him; only let us remember, + that true gratitude consists in real benefits, in promoting the true + interest of him to whom we are indebted; and surely, by hazarding the + welfare of Britain in defence of Hanover, we shall very little consult + the advantage, or promote the greatness of our sovereign. +</p> +<p> + It is well known how inconsiderable, in the sight of those by whom the + succession was established, Hanover appeared, in comparison with + Britain. Those men, to whom even their enemies have seldom denied praise + for knowledge and capacity, and who have been so loudly celebrated by + many, who have joined in the last address, for their honest zeal, and + the love of their country, enacted, that the king of Britain should + never visit those important territories, which we have so solemnly + promised to defend, at the hazard of our happiness. It was evidently + their design that our sovereign, engrossed by the care of his new + subjects, a care which, as they reasonably imagined, would arise from + gratitude for dignity and power so liberally conferred, should in time + forget that corner of the earth on which his ancestors had resided, and + act, not as elector of Hanover, but as king of Britain, as the governour + of a mighty nation, and the lord of large dominions. +</p> +<p> + It was expressly determined, that, this nation should never be involved + in war for the defence of the dominions on the continent, and, + doubtless, the same policy that has restrained us from extending our + conquests in countries from which some advantages might be received, + ought to forbid all expensive and hazardous measures, for the sake of + territories from whence no benefit can be reaped. +</p> +<p> + Nor are the purposes, sir, for which this supply is demanded, the only + objections that may be urged against it, for the manner in which it is + asked, makes it necessary at least to delay it. The ministers have been + so little accustomed to refusals that they have forgot when to ask with + decency, and expect the treasure of the nation to be poured upon them, + whenever they shall think it proper to hint that they have discovered + some new opportunity of expense. +</p> +<p> + It is necessary, that when a supply is desired, the house should be + informed, some time before, of the sum that is required, and of the ends + to which it is to be applied, that every member may consider, at + leisure, the expediency of the measures proposed, and the proportion of + the sum to the occasion on which it is demanded; that he may examine + what are the most proper methods of raising it, and, perhaps, inquire + with what willingness his constituents will advance it. +</p> +<p> + Whether any man is enabled by his acuteness and experience, to determine + all these questions upon momentaneous reflection, I cannot decide. For + my part, I confess myself one of those on whom nature has bestowed no + such faculties, and therefore move that the consideration of this supply + may be deferred for a few days; for if it be now pressed upon us, I + shall vote against it, because I do not yet fully discover all the + reasons for it, nor all the consequences which it may produce, and I + think myself obliged to know for what purpose I give away the money + which is not my own. +</p> +<p> + Mr. VYNER spoke as follows:—Sir, whatever may be the necessity of + maintaining the Pragmatick sanction, or whatever the obligations of + national pacts, of which I hope no man is desirous of countenancing the + neglect, yet they cannot oblige us to arm without an enemy, to embarrass + ourselves with watching every possibility of danger, to garrison + dominions which are not threatened, or assert rights which are not + invaded. +</p> +<p> + The expediency of maintaining the house of Austria on the imperial + throne, it is not at present necessary to assert, because it does not + appear that any other family is aspiring to it. There may, indeed, be + whispers of secret designs and artful machinations, whispers, perhaps, + spread only to affright the court into treaties, or the senate into + grants; or designs, which, like a thousand others that every day + produces, innumerable accidents may defeat; which may be discovered, not + only before they are executed, but before they are fully formed, and + which, therefore, are not worthy to engross much of our attention, or to + exhaust the wealth of the people. +</p> +<p> + The Pragmatick sanction is nothing more than a settlement of the + imperial dignity upon the eldest daughter of the late German emperour + and her son; and if she has no son, upon the son of the second daughter; + nor has the crown of Britain, by engaging to support that sanction, + promised any thing more than to preserve this order of succession, which + no power, at present, is endeavouring to interrupt; and which, + therefore, at present, requires no defence. +</p> +<p> + The dispute, sir, between the king of Prussia and the queen of Hungary, + is of a different kind; nor is it our duty to engage in it, either as + parties or judges. He lays claim to certain territories usurped, as he + alleges, from his ancestors by the Austrian family, and asserts, by + force, this claim, which is equally valid, whether the queen be emperess + or not. We have no right to limit his dominions, or obligation to + examine the justice of his demands. If he is only endeavouring to gain + what has been forcibly withheld from him, what right have we to obstruct + his undertaking? And if the queen can show a better title, she is, like + all other sovereigns, at liberty to maintain it; nor are we necessarily + to erect ourselves into judges between sovereigns, or distributors of + dominions. +</p> +<p> + The contest seems to have very little relation to the Pragmatick + sanction: if the king of Prussia succeeds, he will contribute to support + it; and if the queen is able to frustrate his designs, she will be too + powerful to need our assistance. +</p> +<p> + But though, sir, the Pragmatick sanction were in danger of violation, + are we to stand up alone in defence of it, while other nations, equally + engaged with ourselves by interest and by treaties, sit still to look + upon the contest, and gather those advantages of peace which we + indiscreetly throw away? Are we able to maintain it without assistance, + or are we to exhaust our country, and ruin our posterity in prosecution + of a hopeless project, to spend what can never be repaid, and to fight + with certainty of a defeat? +</p> +<p> + The Dutch, whose engagements and whose interests are the same as our + own, have not yet made any addition to their expenses, nor augmentation + of their troops; nor does a single potentate of Europe, however united + by long alliances to the house of Austria, or however endangered by + revolutions in the empire, appear to rouse at the approach of alarm, or + think himself obliged to provoke enemies by whom he is not yet injured. +</p> +<p> + I cannot, therefore, persuade myself that we are to stand up single in + the defence of the Pragmatick sanction, to fight the quarrel of others, + or live in perpetual war, that our neighbours may be at peace. +</p> +<p> + I shall always think it my duty to disburse the publick money with the + utmost parsimony, nor ever intend, but on the most pressing necessity, + to load with new exactions a nation already overwhelmed with debts, + harassed with taxes, and plundered by a standing army. +</p> +<p> + For what purpose these numerous forces are maintained, who are now + preying on the publick; why we increase our armies by land when we only + fight by sea; why we aggravate the burden of the war, and add domestick + oppressions to foreign injuries, I am at a loss to determine. Surely + some regard should be had to the satisfaction of the people, who ought + not, during the present scarcity of provisions, to be starved by the + increase of an army, which seems supported only to consume them. +</p> +<p> + As, therefore, part of our present expense is, in my opinion, + unnecessary, I shall not contribute to aggravate it by a new grant, for + purposes of which I cannot discover that they will promote the advantage + of the publick. +</p> +<p> + Sir Robert WALPOLE replied to the following effect:—Sir, the Pragmatick + sanction, which we are engaged to support, is not confined to the + preservation of the order of succession, but extends to all the rights + of the house of Austria, which is now attacked, and by a very formidable + enemy, at a time of weakness and distraction, and therefore requires our + assistance. +</p> +<p> + That others, equally obliged by treaty and by interest to lend their + help on this occasion, sit reluctive, either through cowardice or + negligence, or some prospect of temporary advantage, may, perhaps, be + true; but is it any excuse of a crime, that he who commits it is not the + only criminal? Will the breach of faith in others excuse it in us? + Ought we not rather to animate them by our activity, instruct them by + our example, and awaken them by our representations? +</p> +<p> + Perhaps the other powers say to themselves, and to one another, Why + should we keep that treaty which Britain is violating? Why should we + expose ourselves to danger, of which that mighty nation, so celebrated + for courage, is afraid? Why should we rush into war, in which our most + powerful ally seems unwilling to support us? +</p> +<p> + Thus the same argument, an argument evidently false, and made specious + only by interest, may be used by all, till some one, more bold and + honest than the rest, shall dare to rise in vindication of those rights + which all have promised to maintain; and why should not the greatest + nation be the first that shall avow her solemn engagements? Why should + not they be most diligent in the prosecution of an affair who have most + to lose by its miscarriage? +</p> +<p> + I am always willing to believe, that no member of this assembly makes + use, in any solemn debate, of arguments which do not appear rational to + himself, and yet it is difficult to conceive that any man can imagine + himself released from a promise, because the same promise is broken by + another, or that he is at liberty to desert his friend in distress, + because others desert him, whose good offices he has equal reason to + expect, and that the more his assistance is needed, the more right he + has to deny it. +</p> +<p> + Surely such arguments as these deserve not, need not a confutation. + Before we regulate our conduct by that of others, we must either prove + that they have done right, which proof will be a sufficient defence + without the precedent, or own that they are more capable of judging than + we, and that, therefore, we pay an implicit submission to their dictates + and example; a sacrifice which we shall not willingly make to the vanity + of our neighbours. +</p> +<p> + In the present case it is evident that if other nations neglect the + performance of their contracts, they are guilty of the breach of publick + faith; of a crime, that, if it should generally be imitated, would + dissolve society, and throw human nature into confusion, that would + change the most happy region into deserts, in which one savage would be + preying on another. +</p> +<p> + Nor are they only propagating an example, which in some distant times + may be pleaded against themselves, but they are exposing themselves to + more immediate dangers; they are forwarding designs that have no + tendency but to their ruin, they are adding strength to their inveterate + enemies, and beckoning invasion to their own frontiers. +</p> +<p> + Let us, therefore, instead of hardening ourselves in perfidy, or lulling + ourselves in security by their example, exert all our influence to unite + them, and all our power to assist them. Let us show them what they ought + to determine by our resolutions, and teach them to act by our vigour; + that, if the house of Austria be preserved, our alliance may be + strengthened by new motives of gratitude; and that, if it must be that + the liberties of this part of the world be lost, we may not reproach + ourselves with having neglected to defend them. +</p> +<p> + Mr. PELHAM spoke next to this purpose:—Sir, it is not to be supposed + that such members of this assembly as are not engaged in publick + affairs, should receive very exact intelligence of the dispositions of + foreign powers, and, therefore, I do not wonder that the conduct of the + Dutch has been misrepresented, and that they are suspected of neglecting + their engagements at a time when they are endeavouring to perform them. +</p> +<p> + The Dutch have now under consideration the most proper methods of + assisting the queen of Hungary, and maintaining the Pragmatick sanction; + it may be, indeed, justly suspected, from the nature of their + constitution, that their motions will be slow, but it cannot be + asserted, that they break their engagements, or desert their + confederates. +</p> +<p> + Nor is there any reason for imagining that the other princes, who have + incurred the same obligations, will not endeavour to perform their + promises; it may be easily conceived that some of them are not able at a + sudden summons to afford great assistance, and that others may wait the + result of our deliberations, and regulate their conduct by our example. +</p> +<p> + Not that we ought to neglect our engagements, or endanger our country, + because other powers are either perfidious, or insensible; for I am not + afraid to declare, that if that should happen, which there is no reason + to suspect, if all the other powers should desert the defence of the + Austrian line, should consent to annul the Pragmatick sanction, and + leave the queen of Hungary to the mercy of her enemies, I would advise + that Britain alone should pour her armies into the continent, that she + should defend her ally against the most formidable confederacy, and show + mankind an example of constancy not to be shaken, and of faith not to be + violated. +</p> +<p> + If it be, therefore, our duty to support the Pragmatick sanction, it is + now the time for declaring our resolutions, when the imperial crown is + claimed by a multitude of competitors, among whom the elector of + Bavaria, a very powerful prince, has, by his minister, notified his + pretensions to the court of Britain. +</p> +<p> + The ancient alliance between this prince and the French is well known, + nor can we doubt that he will now implore their assistance for the + attainment of the throne to which he aspires; and I need not say what + may be expected from an emperour, whose elevation was procured by the + forces of France. +</p> +<p> + Nor is this the only prince that claims the imperial crown upon + plausible pretences, or whose claims other powers may combine to + support; it is well known, that even the Spanish monarch believes + himself entitled to it, nor can we, who have no communication with him, + know whether he has not declared to all the other princes of Europe, his + resolution to assert his claim. +</p> +<p> + It is far from being impossible that the pretensions of the house of + Bourbon may be revived, and that though no single prince of that family + should attempt to mount the imperial throne, they may all conspire to + dismember the empire into petty kingdoms, and free themselves from the + dread of a formidable neighbour, by erecting a number of diminutive + sovereigns, who may be always courting the assistance of their + protectors, for the sake of harassing each other. +</p> +<p> + Thus will the house by which Europe has been hitherto protected, sink + into an empty name, and we shall be left to stand alone against all the + powers that profess a different religion, and whose interest is opposite + to that of Britain. +</p> +<p> + We ought, indeed, to act with the utmost vigour, when we see one of the + most powerful of the reformed princes so far forgetful of the interest + of our religion, as to cooperate with the designs of France, and so + intent upon improving the opportunity of distressing the house of + Austria, as to neglect the common cause, and expose himself or his + posterity to the danger of becoming a dependant on the house of Bourbon. +</p> +<p> + For this reason, I cannot agree that our army, though numerous and + burdensome, is greater than the necessity of affairs requires: if we + cast our eyes on the continent, nothing is to be seen but general + confusion, powerful armies in motion, the dominions of one prince + invaded, of another threatened; the tumults of ambition in one place, + and a panick stillness in another. +</p> +<p> + What will be the event of these commotions who can discover? And how can + we know what may determine the course of that flood of power, which is + now in a state of uncertain fluctuation, or seems driven to different + points by different impulses? How soon may the Dutch see their barrier + attacked, and call upon us for the ten thousand men which we are obliged + to send them? How soon may the house of Austria be so distressed, as to + require all our power for its preservation? +</p> +<p> + That we are to leave nothing unattempted for the security of our own + religion and liberty, will easily be granted, and, therefore, unless it + can be proved that we may be equally secure, though the house of Austria + be ruined, it will necessarily follow that we are, with all our power, + to enforce the observation of the Pragmatick sanction. +</p> +<p> + This is not an act of romantick generosity, but such as the closest + attention to our own interest shows to be necessary; in defending the + queen of Hungary we defend ourselves, and only extinguish that flame, by + which, if it be suffered to spread, we shall ourselves be consumed. The + empire may be considered as the bulwark of Britain, which, if it be + thrown down, leaves us naked and defenceless. +</p> +<p> + Let us, therefore, consider our own danger, and remember, that while we + are considering this supply, we are deliberating upon nothing less than + the fate of our country. +</p> +<p> + Mr. PULTENEY spoke next, to the effect following:—Sir, I am on this + occasion of an opinion different from that of the honourable member who + spoke the second in this debate, though on most questions our judgment + has been the same. I am so far from seconding his proposal for delaying + the consideration of this supply, that I think it may justly be + inquired, why it was not sooner proposed. +</p> +<p> + For the support of the house of Austria, and the assertion of the + Pragmatick sanction, no man can be more zealous than myself; I am + convinced how closely the interest of this nation and that of the + Austrian family are united, and how much either must be endangered by + the ruin of the other, and, therefore, I shall not delay, for a single + moment, my consent to any measures that may reestablish our interest on + the continent, and rescue Germany once more from the jaws of France. +</p> +<p> + I am afraid that we have lost part of our influence in the neighbouring + countries, and that the name of Britain is less formidable than + heretofore; but if reputation is lost, it is time to recover it, and I + doubt not but it may be recovered by the same means that it was at first + obtained. Our armies may be yet equally destructive, and our money + equally persuasive. +</p> +<p> + We have not yet suffered, amidst all our misconduct, our naval force to + be diminished; our sailors yet retain their ancient courage, and our + fleets are sufficient to keep the dominion of the ocean, and prescribe + limits to the commerce of every nation. While this power remains + unimpaired, while Britain retains her natural superiority, and asserts + the honour of her flag in every climate, we cannot become despicable, + nor can any nation ridicule our menaces or scorn our alliance. We may + still extend our influence to the inland countries, and awe those + nations which we cannot invade. +</p> +<p> + To preserve this power let us watch over the disposal of our money; + money is the source of dominion; those nations may be formidable for + their affluence which are not considerable for their numbers; and by a + negligent profusion of their wealth, the most powerful people may + languish into imbecility, and sink into contempt. +</p> +<p> + If the grant which is now demanded will be sufficient to produce the + ends to which it is proposed to be applied, if we are assured of the + proper application of it, I shall agree to it without hesitation. But + though it cannot be affirmed that the sum now demanded is too high a + price for the liberties of Europe, it is at least more than ought to be + squandered without effect, and we ought at least to know before we grant + it, what advantages may be expected from it. +</p> +<p> + May not the sum demanded for the support of the queen of Hungary be + employed to promote very different interests? May it not be lavished to + support that power, to which our grants have too long contributed? that + power by which ourselves have been awed, and the administration has + tyrannised without control? +</p> +<p> + If this sum is really intended to support the queen of Hungary, may we + not inquire how it is to be employed for her service? Is it to be sent + her for the payment of her armies, and the support of her court? Should + we not more effectually secure her dominions by purchasing with it the + friendship and assistance of the king of Prussia, a prince, whose extent + of dominions and numerous forces, make him not more formidable than his + personal qualities. +</p> +<p> + What may be hoped, sir, from a prince of wisdom and courage, at the head + of a hundred and ten thousand regular troops, with eight millions in his + treasury? How much he must necessarily add to the strength of any party + in which he shall engage, is unnecessary to mention; it is evident, + without proof, that nothing could so much contribute to the + reestablishment of the house of Austria, as a reconciliation with this + mighty prince, and that, to bring it to pass, would be the most + effectual method of serving the unfortunate queen that requires our + assistance. +</p> +<p> + Why we should despair, sir, of such a reconciliation I cannot perceive; + a reconciliation equally conducive to the real interest of both parties. + It may be proved, with very little difficulty, to the king of Prussia, + that he is now assisting those with whom interests incompatible and + religions irreconcilable have set him at variance, whom he can never see + prosperous but by the diminution of his own greatness, and who will + always project his ruin while they are enjoying the advantages of his + victories. We may easily convince him that their power will soon become, + by his assistance, such as he cannot hope to withstand, and show, from + the examples of other princes, how dangerous it is to add to the + strength of an ambitious neighbour. We may show him how much the fate of + the empire is now in his hands, and how much more glorious and more + advantageous it will be to preserve it from ruin, than to contribute to + its destruction. +</p> +<p> + If by such arguments, sir, this potent monarch can be induced to act + steadily in defence of the common cause, we may once more stand at the + head of a protestant confederacy; of a confederacy that may contract the + views and repress the ambition of the house of Bourbon, and alter their + schemes of universal monarchy into expedients for the defence of their + dominions. +</p> +<p> + But in transacting these affairs, let us not engage in any intricate + treaties, nor amuse ourselves with displaying our abilities for + negotiation; negotiation, that fatal art which we have learned as yet + very imperfectly, and which we have never attempted to practise but to + our own loss. While we have been entangled in tedious disquisitions, and + retarded by artful delays, while our commissaries have been debating + about what was only denied to produce controversies, and inquiring after + that which has been hid from them only to divert their attention from + other questions, how many opportunities have been lost, and how often + might we have secured by war, what was, at a much greater expense, lost + by treaties. +</p> +<p> + Treaties, sir, are the artillery of our enemies, to which we have + nothing to oppose; they are weapons of which we know not the use, and + which we can only escape by not coming within their reach. I know not by + what fatality it is, that to treat and to be cheated, are, with regard + to Britons, words of the same signification; nor do I intend, by this + observation, to asperse the characters of particular persons, for + treaties, by whomsoever carried on, have ended always with the same + success. +</p> +<p> + It is time, therefore, to know, at length, our weakness and our + strength, and to resolve no longer to put ourselves voluntarily into the + power of our enemies: our troops have been always our ablest + negotiators, and to them it has been, for the most part, necessary at + last to refer our cause. +</p> +<p> + Let us, then, always preserve our martial character, and neglect the + praise of political cunning; a quality which, I believe, we shall never + attain, and which, if we could obtain, would add nothing to our honour. + Let it be the practice of the Britons to declare their resolutions + without reserve, and adhere to them in opposition to danger; let them be + ambitious of no other elogies than those which may be gained by honesty + and courage, nor will they then ever find their allies diffident, or + their enemies contemptuous. +</p> +<p> + By recovering and asserting this character, we may become once more the + arbiters of Europe, and be courted by all the protestant powers as their + protectors: we may once more subdue the ambition of the aspiring French, + and once more deliver the house of Austria from the incessant pursuit of + those restless enemies. +</p> +<p> + The defence of that illustrious family, sir, has always appeared to me, + since I studied the state of Europe, the unvariable interest of the + British nation, and our obligations to support it on this particular + occasion have already been sufficiently explained. +</p> +<p> + Whence it proceeded, sir, that those who now so zealously espouse the + Austrian interest, have been so plainly forgetful of it on other + occasions, I cannot determine. That treaties have been made very little + to the advantage of that family, and that its enemies have been suffered + to insult it without opposition, is well known; nor was it long ago that + it was debated in this house, whether any money should be lent to the + late emperour. +</p> +<p> + No publick or private character can be supported, no enemy, sir, can be + intimidated, nor any friend confirmed in his adherence, but by a steady + and consistent conduct, by proposing, in all our actions, such ends as + may be openly avowed, and by pursuing them without regard to temporary + inconveniencies, or petty obstacles. +</p> +<p> + Such conduct, sir, I would gladly recommend on the present occasion, on + which I should be far from advising a faint, an irresolute, or momentary + assistance, such supplies as declare diffidence in our own strength, or + a mean inclination to please contrary parties at the same time, to + perform our engagements with the queen, and continue our friendship with + France. It is, in my opinion, proper to espouse our ally with the spirit + of a nation that expects her decisions to be ratified, that holds the + balance of the world in her hand, and can bestow conquest and empire at + her pleasure. +</p> +<p> + Yet, sir, it cannot be denied that many powerful reasons may be brought + against any new occasions of expense, nor is it without horrour and + astonishment that any man, conversant in political calculations, can + consider the enormous profusion of the national treasure. In the late + dreadful confusion of the world, when the ambition of France had set + half the nations of the earth on flame, when we sent our armies to the + continent, and fought the general quarrel of mankind, we paid, during + the reigns of king William and his great successour, reigns of which + every summer was distinguished by some important action, but four + millions yearly. +</p> +<p> + But our preparations for the present war, in which scarcely a single + ship of war has been taken, or a single fortress laid in ruins, have + brought upon the nation an expense of five millions. So much more are we + now obliged to pay to amuse the weakest, than formerly to subdue the + most powerful of our enemies. +</p> +<p> + Frugality, which is always prudent, is, at this time, sir, + indispensable, when war, dreadful as it is, may be termed the lightest + of our calamities; when the seasons have disappointed us of bread, and + an universal scarcity afflicts the nation. Every day brings us accounts + from different parts of the country, and every account is a new evidence + of the general calamity, of the want of employment for the poor, and its + necessary consequence, the want of food. +</p> +<p> + He that is scarce able to preserve himself, cannot be expected to assist + others; nor is that money to be granted to foreign powers, which is + wanted for the support of our fellow-subjects, who are now languishing + with diseases, which unaccustomed hardships and unwholesome provisions + have brought upon them, while we are providing against distant dangers, + and bewailing the distresses of the house of Austria. +</p> +<p> + Let us not add to the miseries of famine the mortifications of insult + and neglect; let our countrymen, at least, divide our care with our + allies, and while we form schemes for succouring the queen of Hungary, + let us endeavour to alleviate nearer distresses, and prevent or pacify + domestick discontents. +</p> +<p> + If there be any man whom the sight of misery cannot move to compassion, + who can hear the complaints of want without sympathy, and see the + general calamity of his country without employing one hour on schemes + for its relief; let not that man dare to boast of integrity, fidelity, + or honour; let him not presume to recommend the preservation of our + faith, or adherence to our confederates: that wretch can have no real + regard to any moral obligation, who has forgotten those first duties + which nature impresses; nor can he that neglects the happiness of his + country, recommend any good action for a good reason. +</p> +<p> + It should be considered, sir, that we can only be useful to our allies, + and formidable to our enemies, by being unanimous and mutually confident + of the good intentions of each other, and that nothing but a steady + attention to the publick welfare, a constant readiness to remove + grievances, and an apparent unwillingness to impose new burdens, can + produce that unanimity. +</p> +<p> + As the cause is, therefore, necessarily to precede the effect, as + foreign influence is the consequence of happiness at home, let us first + endeavour to establish that alacrity and security that may animate the + people to assert their ancient superiority to other nations, and restore + that plenty which may raise them above any temptation to repine at + assistance given to our allies. +</p> +<p> + No man, sir, can very solicitously watch over the welfare of his + neighbour whose mind is depressed by poverty, or distracted by terrour; + and when the nation shall see us anxious for the preservation of the + queen of Hungary, and unconcerned about the wants of our + fellow-subjects, what can be imagined, but that we have some method of + exempting ourselves from the common distress, and that we regard not the + publick misery when we do not feel it? +</p> +<p> + Sir Robert WALPOLE replied, to the following effect:—Sir, it is always + proper for every man to lay down some principles upon which he proposes + to act, whether in publick or private; that he may not be always + wavering, uncertain, and irresolute; that his adherents may know what + they are to expect, and his adversaries be able to tell why they are + opposed. +</p> +<p> + It is necessary, sir, even for his own sake, that he may not be always + struggling with himself; that he may know his own determinations, and + enforce them by the reasons which have prevailed upon him to form them; + that he may not argue in the same speech to contrary purposes, and weary + the attention of his hearers with contrasts and antitheses. +</p> +<p> + When a man admits the necessity of granting a supply, expatiates upon + the danger that may be produced by retarding it, declares against the + least delay, however speciously proposed, and enforces the arguments + which have been already offered to show how much it is our duty and + interest to allow it; may it not reasonably be imagined, that he intends + to promote it, and is endeavouring to convince them of that necessity of + which he seems himself convinced? +</p> +<p> + But when the same man proceeds to display, with equal eloquence, the + present calamities of the nation, and tells to how much better purposes + the sum thus demanded may be applied; when he dwells upon the + possibility that an impolitick use may be made of the national treasure, + and hints that it may be asked for one purpose and employed to another, + what can be collected from his harangue, however elegant, entertaining, + and pathetick? How can his true opinion be discovered? Or how shall we + fix such fugitive reasonings, such variable rhetorick? +</p> +<p> + I am not able, sir, to discern, why truth should be obscured; or why any + man should take pleasure in heaping together all the arguments that his + knowledge may supply, or his imagination suggest, against a proposition + which he cannot deny. Nor can I assign any good purpose that can be + promoted by perpetual renewals of debate, and by a repetition of + objections, which have in former conferences, on the same occasion, been + found of little force. +</p> +<p> + When the system of affairs is not fully laid open, and the schemes of + the administration are in part unknown, it is easy to raise objections + formidable in appearance, which, perhaps, cannot be answered till the + necessity of secrecy is taken away. When any general calamity has fallen + upon a nation, it is a very fruitful topick of rhetorick, and may be + very pathetically exaggerated, upon a thousand occasions to which it has + no necessary relation. +</p> +<p> + Such, In my opinion, sir, is the use now made of the present scarcity, a + misfortune inflicted upon us by the hand of providence alone; not upon + us only, but upon all the nations on this side of the globe, many of + which suffer more, but none less than ourselves. +</p> +<p> + If at such a time it is more burdensome to the nation to raise supplies, + it must be remembered, that it is in proportion difficult to other + nations to oppose those measures for which the supplies are granted; and + that the same sum is of greater efficacy in times of scarcity than of + plenty. +</p> +<p> + Our present distress will, I hope, soon be at an end; and, perhaps, a + few days may produce at least some alteration. It is not without reason, + that I expect the news of some successful attempts in America, which + will convince the nation, that the preparations for war have not been + idle shows, contrived to produce unnecessary expenses. +</p> +<p> + In the mean time it is necessary that we support that power which may be + able to assist us against France, the only nation from which any danger + can threaten us, even though our fleets in America should be + unsuccessful. +</p> +<p> + If we defeat the Spaniards, we may assist the house of Austria without + difficulty, and if we fail in our attempts, their alliance will be more + necessary. The sum demanded for this important purpose cannot be + censured as exorbitant, yet will, I hope, be sufficient: if more should + hereafter appear necessary, I doubt not but it will be granted. +</p> +<p> + The question passed without opposition. +</p> +<a name="2H_4_18"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF COMMONS, DECEMBER 1, 1741. +</h2> +<center> + [DEBATE ON CHOOSING A SPEAKER.] +</center> +<p> + The new house of commons being met, the usher came from the house of + lords, with his majesty's commands for their immediate attendance, when + they were ordered to choose a speaker; and being returned, Mr. PELHAM + addressed himself in the following manner to the clerk of the house: +</p> +<p> + Mr. HARDINGE, +</p> +<p> + As we are here assembled, in pursuance of the imperial summons, it is + necessary, in obedience to his majesty's commands, and the established + custom of this house, that we proceed immediately to the choice of a + person qualified for the chair.—Gentlemen, it is with no common degree + of satisfaction, that I observe this assembly so numerous on the first + day; because whatever is transacted by us, must necessarily be + considered by the nation with more regard, as it is approved by a + greater number of their representatives; and because the present affair, + which relates particularly to this house, must be more satisfactorily + conducted, as our number is greater; since every man must willingly + abide by his own choice, and cheerfully submit to that authority, of + which he has himself concurred to the establishment. +</p> +<p> + The qualifications required in the person who shall fill the chair, to + his own reputation, and the advantage of the house, it is not necessary + minutely to recount; it being obvious to every gentleman who hears me, + that he must possess such an equality of temper, as may enable him + always to preserve a steady and impartial attention, neither discomposed + by the irregularities into which some gentlemen, unacquainted with the + forms of this assembly, may easily fall, nor disconcerted by the heat + and turbulence to which, in former parliaments, some of those whose + experience might have taught them the necessity of decency, have been + too often hurried by the eagerness of controversy. That he must add to + his perpetual serenity, such a firmness of mind, as may enable him to + repress petulance and subdue contumacy, and support the orders of the + house, in whatever contrariety of counsels, or commotion of debate, + against all attempts of infraction or deviation. That to give efficacy + to his interpositions, and procure veneration to his decisions, he must, + from his general character and personal qualities, derive such dignity + and authority, as may naturally dispose the minds of others to + obedience, as may suppress the murmurs of envy, and prevent the + struggles of competition. +</p> +<p> + These qualifications were eminently conspicuous in the gentleman who + filled the chair in the earlier part of my life, and who is now one of + the ornaments of the other house. Such were his abilities, and such his + conduct, that it would be presumptuous in any man, however endowed by + nature, or accomplished by study, to aspire to surpass him; nor can a + higher encomium be easily conceived, than this house bestowed upon that + person, who was thought worthy to succeed him. +</p> +<p> + The office which we have now to confer, is not only arduous with regard + to the abilities necessary to the execution of it, but extremely + burdensome and laborious, such as requires continual attendance, and + incessant application; nor can it be expected that any man would engage + in it, who is not ready to devote his time and his health to the service + of the publick, and to struggle with fatigue and restraint for the + advantage of his country. +</p> +<p> + Such is the gentleman whom I shall propose to your choice; one whose + zeal for the present imperial house, and the prosperity of the nation, + has been always acknowledged, and of whom it cannot be suspected that he + will be deterred by any difficulties from a province which will afford + him so frequent opportunities of promoting the common interest of the + emperour and the people. +</p> +<p> + What success may be expected from his endeavours, we can only judge from + his present influence; influence produced only by his private virtues; + but so extensive in that part of the nation which lies within the reach + of his beneficence, and the observation of his merit, that it sets him + not only above the danger, but above the fear of opposition, and secures + him a seat in this assembly without contest. +</p> +<p> + Thus deputed by his country to many successive senates, he has acquired + an unrivalled degree of knowledge in the methods of our proceedings, and + an eminent dexterity in digesting them with that order and perspicuity + by which only the transaction of great affairs can be made expeditious, + and the discussion of difficult questions be disentangled from + perplexity; qualities which are now made particularly necessary by the + importance of the subjects to be considered in this senate: so that I + doubt not but you will unanimously concur with me in desiring that the + chair may be filled by a person eminently distinguished by his + knowledge, his integrity, his diligence, and his reputation; and + therefore I move, without scruple, that the right honourable Arthur + ONSLOW, esquire, be called to the chair. +</p> +<p> + Then Mr. CLUTTERBUCK seconded the motion in this manner:—That I am not + able to add any thing to the encomium of the right honourable gentleman + nominated to the president's chair, gives me no concern, because I am + confident, that in the opinion of this assembly, his name alone includes + all panegyrick, and that he who recommends Arthur ONSLOW, esquire, will + never be required to give the reason of his choice. I therefore rise now + only to continue the common methods of the house, and to second a motion + which I do not expect that any will oppose. +</p> +<p> + [Here the whole assembly cried out, with a general acclamation, ONSLOW, +</p> +<center> + ONSLOW.] +</center> +<p> + Mr. ONSLOW then rose up and said:—Though I might allege many reasons + against this choice, of which the strongest is my inability to discharge + the trust conferred upon me in a manner suitable to its importance, yet + I have too high an idea of the wisdom of this assembly, to imagine that + they form any resolution without just motives; and therefore shall think + it my duty to comply with their determination, however opposite to my + own opinion. +</p> +<p> + Mr. PELHAM and Mr. CLUTTERBUCK then led him to the chair, where, before + he went up to it, he desired, That the house would consider how little + he was qualified for the office which they were about to confer upon + him, and fix their choice upon some other person, who might be capable + of discharging so important a trust. +</p> +<p> + The members calling out, The chair, chair, chair, he ascended the step, + and then addressed himself thus to the house:—Gentlemen, since it is + your resolution, that I should once more receive the honour of being + exalted to this important office, for which it is not necessary to + mention how little I am qualified, since I may hope that those defects + which have hitherto been excused, will still find the same indulgence; + my gratitude for a distinction so little deserved, will always incite me + to consult the honour of the house, and enable me to supply, by duty and + diligence, what is wanting in my knowledge and capacity. +</p> +<a name="2H_4_19"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + DECEMBER 4, 1741. +</h2> +<center> + [DEBATE ON THE ADDRESS.] +</center> +<p> + The king came again to the house of lords, and the commons being sent + for, his majesty approved their choice of a president, and made a speech + to both houses, in which he represented to them, That their counsel was + in a particular manner necessary, as they were engaged in a war with + Spain, as the affairs of all Europe were in confusion, by the + confederacy of many formidable powers for the destruction of the house + of Austria; that both houses of the preceding session had come to the + strongest resolutions in favour of the queen of Hungary, but that the + other powers who were equally engaged to support her, had not yet acted + according to their stipulations; that he had endeavoured to assist her + ever since the death of the emperour Charles, and hoped that a just + sense of common danger would induce other nations to unite with him; but + that in this uncertain situation, it was necessary that Britain should + be in a condition of supporting itself and its allies, as any exigency + might require. He therefore ordered the estimates for the ensuing year + to be laid before the commons.—This speech being under the consideration + of the house of lords, lord MILTON spoke in the following manner: +</p> +<p> + My lords, though the present perplexity of our affairs, the contrariety + of opinions produced by it, and the warmth with which each opinion will + probably be supported, might justly discourage me from proposing any of + my sentiments to this great assembly, yet I cannot repress my + inclination to offer a motion, in my opinion, regular and seasonable, + and which, if it should appear otherwise to your lordships, will, I + hope, though it should not be received, at least be forgiven, because I + have never before wearied your patience, or interrupted or retarded your + consultations. +</p> +<p> + But I am very far from imagining that by this motion I can give any + occasion to debate or opposition, because I shall propose no innovation + in the principles, or alteration of the practice of this assembly, nor + intend any thing more than to lay before your lordships my opinion of + the manner in which it may be proper to address his majesty. +</p> +<p> + To return him our humble thanks for his most gracious speech from the + throne, and, at the same time, to present unto his majesty our sincere + and joyful congratulations on his safe and happy return into this + empire. +</p> +<p> + To observe with the utmost thankfulness the great concern which his + majesty has been pleased to express for carrying on the just and + necessary war against Spain, which we hope, by the divine blessing upon + his majesty's arms, will be attended with success equal to the justice + of his cause, and the ardent wishes of his people. That, +</p> +<p> + His majesty has so truly represented the impending dangers to which + Europe is exposed, in the present critical conjuncture, as must awaken, + in every one, an attention suitable to the occasion: and we cannot but + be fully sensible of the evil consequences arising from the designs and + enterprises, formed and carrying on for the subversion or reduction of + the house of Austria, which threaten such apparent mischiefs to the + common cause. +</p> +<p> + To acknowledge his imperial goodness in expressing so earnest a desire + to receive, and so high a regard for, the advice of his parliament: his + majesty, secure of the loyalty and affections of his people, may rely + upon that, with the best-grounded confidence; and to assure his majesty, + that we will not fail to take the important points, which he has been + pleased to mention to us, into our most serious consideration; and, in + the most dutiful manner, to offer to his majesty such advice as shall + appear to us to be most conducive to the honour and true interest of his + crown and kingdoms. To assure his majesty that we have a due sense, how + much the present posture of affairs calls upon us for that unanimity, + vigour, and despatch, which his majesty has so wisely recommended to us; + and to give his majesty the strongest assurances, that we will + vigorously and heartily concur in all just and necessary measures for + the defence and support of his majesty, the maintenance of the balance + and liberties of Europe, and the assistance of our allies. +</p> +<p> + That as duty and affection to his majesty are, in us, fixed and + unalterable principles, so we feel the impressions of them, at this + time, so strong and lively in our breasts, that we cannot omit to lay + hold on this opportunity of approaching his imperial presence, to renew + the most sincere professions of our constant and inviolable fidelity: + and to promise his majesty, that we will, at the hazard of all that is + dear to us, exert ourselves for the defence and preservation of his + sacred person and government, and the maintenance of the protestant + succession in his imperial house, on which the continuance of the + protestant religion, and the liberties of Britain, do, under God, + depend. +</p> +<p> + My lords, as this address will not obstruct any future inquiries, by any + approbation of past measures, either positive or implied, I doubt not + but your lordships will readily concur in it, and am persuaded, that it + will confirm his majesty's regard for our councils, and confidence in + our loyalty. +</p> +<p> + Lord LOVEL spoke next, to this effect:—My lords, the dangers which have + been justly represented by his majesty, ought to remind us of the + importance of unusual circumspection in our conduct, and deter us from + any innovations, of which we may not foresee the consequences, at a time + when there may be no opportunity of repairing any miscarriage, or + correcting any mistake. +</p> +<p> + There appears, my lords, not to be at this time any particular reason + for changing the form of our addresses, no privileges of our house have + been invaded, nor any designs formed against the publick. His majesty + has evidently not deviated from the practice of the wisest and most + beloved of our British monarchs; he has, upon this emergence of + unexpected difficulties, summoned the senate to counsel and assist him; + and surely it will not be consistent with the wisdom of this house to + increase the present perplexity of our affairs, by new embarrassments, + which may be easily imagined likely to arise from an address different + from those which custom has established. +</p> +<p> + The prospect which now lies before us, a prospect which presents us only + with dangers, distraction, invasions, and revolutions, ought to engage + our attentions, without leaving us at leisure for disputations upon + ceremonies or forms. It ought to be the care of every lord in this + house, not how to address, but how to advise his majesty; how to assist + the councils of the publick, and contribute to such determinations, as + may avert the calamities that impend over mankind, and stop the wild + excursions of power and ambition. +</p> +<p> + We ought to reflect, my lords, that the expectations of all Europe are + raised by the convocation of this assembly; and that from our + resolutions, whole nations are waiting for their sentence. And how will + mankind be disappointed when they shall hear, that instead of declaring + war upon usurpers, or imposing peace on the disturbers of mankind, + instead of equipping navies to direct the course of commerce, or raising + armies to regulate the state of the continent, we met here in a full + assembly, and disagreed upon the form of an address. +</p> +<p> + Let us, therefore, my lords, lay aside, at least for this time, all + petty debates and minute inquiries, and engage all in the great attempt + of reestablishing quiet in the world, and settling the limits of the + kingdoms of Europe. +</p> +<p> + Then lord CARTERET spoke, in substance as follows:—My lords, there is, + I find, at least one point upon which it is probable that those will now + agree whose sentiments have hitherto been, on almost every occasion, + widely different. The danger of our present situation is generally + allowed; but the consequences deduced from it are so contrary to each + other, as give little hopes of that unanimity which times of danger + particularly require. +</p> +<p> + It is alleged by the noble lord who spoke last, that since we are now + involved in difficulties, we ought only to inquire how to extricate + ourselves, and, therefore, ought not to leave ourselves the right of + inquiring how we were entangled in them, lest the perplexity of + different considerations should dissipate our attention, and disable us + from forming any useful determinations, or exerting any vigorous efforts + for our deliverance. +</p> +<p> + But, in my opinion, my lords, the most probable way of removing + difficulties, is to examine how they were produced, and, by consequence, + to whom they are to be imputed; for certainly, my lords, it is not to be + hoped that we shall regain what we have lost, but by measures different + from those which have reduced us to our present state, and by the + assistance of other counsellors than those who have sunk us into the + contempt, and exposed us to the ravages of every nation throughout the + world. +</p> +<p> + That this inquiry, my lords, may be free and unobstructed, it is + necessary to address the throne, after the manner of our ancestors, in + general terms, without descending to particular facts, which, as we have + not yet examined them, we can neither censure nor approve. +</p> +<p> + It has been objected by the noble lord, that foreign nations will be + disappointed by hearing, that instead of menaces of vengeance, and + declarations of unalterable adherence to the liberties of Europe, we + have wasted our time at this important juncture in settling the form of + an address. +</p> +<p> + That little time may be wasted on this occasion, I hope your lordships + will very speedily agree to an address suitable to the dignity of those + who make it, and to the occasion upon which it is made; for I cannot but + allow, that the present state of affairs calls upon us for despatch: but + though business ought, at this time, undoubtedly to be expedited, I hope + it will not be precipitated; and if it be demanded that the most + important questions be first determined, I know not any thing of greater + moment than that before us. +</p> +<p> + How we shall gratify the expectations of foreign powers, ought not, my + lords, to be our first or chief consideration; we ought, certainly, + first to inquire how the people may be set free from those suspicions, + which a long train of measures, evidently tending to impair their + privileges, has raised; and how they may be confirmed in their fidelity + to the government, of which they have for many years found no other + effects than taxes and exactions, for which they have received neither + protection abroad, nor encouragement at home. +</p> +<p> + But, my lords, if it be necessary to consult the inclinations, and + cultivate the esteem of foreign powers, I believe nothing will raise + more confidence in our allies, if there be any who are not now ashamed + of that name, or more intimidate those whose designs it is our interest + to defeat, than an open testimony of our resolution no longer to approve + that conduct by which the liberty of half Europe has been endangered; + and not to lavish praises on those men, who have in twenty years never + transacted any thing to the real benefit of their country, and of whom + it is highly probable that they have in the present war stipulated for + the defeat of all our attempts, and agreed, by some execrable compact, + to facilitate the exaltation of the house of Bourbon. +</p> +<p> + Upon what facts I ground accusations so atrocious may justly be inquired + by your lordships; nor shall I find any difficulty in answering your + demand. For, if we extend our view over the whole world, and inquire + into the state of all our affairs, we shall find nothing but defeats, + miscarriages, and impotence, with their usual consequences, contempt and + distrust. We shall discover neither any tokens of that fear among our + enemies, which the power of the nation, and the reputation of our former + victories, might naturally produce; nor any proofs of that confidence + among those whom we still continue to term our allies, which the vigour + with which we have formerly supported our confederacies, give us a right + to expect. Those whom we once trampled, insult us; and those whom we + once protected, give us no credit. +</p> +<p> + How reasonably, my lords, all nations have withdrawn from us their + reverence and esteem, will appear by a transient examination of our late + conduct, whether it regarded Europe in general, or influenced only the + particular affairs of the British nation; for it will appear beyond + possibility of doubt, that whoever has trusted the administration, + whether their own country, or any foreign powers, has trusted only to be + betrayed. +</p> +<p> + There is among our allies none whom we are more obliged to support than + the queen of Hungary, whose rights we are engaged, by all the + solemnities of treaties, to defend, and in whose cause every motive + operates that can warm the bosom of a man of virtue. Justice and + compassion plead equally on her side, and we are called upon to assist + her by our own interest, as well as the general duty of society, by + which every man is required to prevent oppression. +</p> +<p> + What has been the effect of all these considerations may easily be + discovered from the present state of the continent, which is ravaged + without mercy by the armies of Spain and France. Why all succours have + been denied the queen of Hungary, and why the inveterate and hereditary + enemies of our nation, are suffered to enlarge their dominions without + resistance; why the rivals of our trade are left at full liberty to + equip their squadrons, and the persecutors of our religion suffered to + overrun those countries from whence only we can hope for assistance, + when the hatred which the difference of opinions produces, shall + threaten us with invasions and slavery, the whole world has long asked + to no purpose, and, therefore, it is without prospect of receiving + satisfaction that I engage in the same inquiry. +</p> +<p> + Yet, since it is our duty to judge of the state of the publick, and a + true judgment can be the result only of accurate examination, I shall + proceed, without being discouraged by the ill success of former + attempts, to discover the motives of our late measures, and the ends + intended to be produced by them. +</p> +<p> + Why the queen of Hungary was not assisted with land-forces, I shall, at + present, forbear to ask; that she expected them is, indeed, evident from + her solicitations; and, I suppose, it is no less apparent from treaties, + that she had a right to expect them; nor am I able to conceive, why + subsidies have been paid for troops which are never to be employed, or + why foreign princes should be enriched with the plunder of a nation + which they cannot injure, and do not defend. +</p> +<p> + But I know, my lords, how easily it may be replied, that the expenses of + a land war are certain, and the event hazardous, and that it is always + prudent to act with evident advantage on our side, and that the + superiority of Britain consists wholly in naval armaments. +</p> +<p> + That the fleets of Britain are equal in force and number of ships to the + united navies of the greatest part of the world; that our admirals are + men of known bravery, and long experience, and, therefore, formidable + not only for their real abilities and natural courage, but for the + confidence which their presence necessarily excites in their followers, + and the terrour which must always accompany success, and enervate those + who are accustomed to defeats; that our sailors are a race of men + distinguished by their ardour for war, and their intrepidity in danger, + from the rest of the human species; that they seem beings superiour to + fear, and delighted with those objects which cannot be named without + filling every other breast with horrour; that they are capable of + rushing upon apparent destruction without reluctance, and of standing + without concern amidst the complicated terrours of a naval war, is + universally known, and confessed, my lords, even by those whose interest + it is to doubt or deny it. +</p> +<p> + Upon the ocean, therefore, we are allowed to be irresistible; to be able + to shut up the ports of the continent, imprison the nations of Europe + within the limits of their own territories, deprive them of all foreign + assistance, and put a stop to the commerce of the world. It is allowed + that we are placed the sentinels at the barriers of nature, and the + arbiters of the intercourse of mankind. +</p> +<p> + These are appellations, my lords, which, however splendid and + ostentatious, our ancestors obtained and preserved with less advantages + than we possess, by whom I am afraid they are about to be forfeited. The + dominion of the ocean was asserted in former times in opposition to + powers far more able to contest it, than those which we have so long + submissively courted, and of which we are now evidently afraid. +</p> +<p> + For that we fear them, my lords, they are sufficiently convinced; and it + must be confessed, with whatsoever shame, that their opinion is well + founded; for to what motive but fear can it be imputed, that we have so + long supported their insolence without resentment, and their ravages + without reprisals; that we have fitted out fleets without any design of + dismissing them from our harbours, or sent them to the sea only to be + gazed at from the shores, by those whose menaces or artifice had given + occasion to their equipment, and in whom they raised no other emotions + than contempt of our cowardice, or pity of our folly? +</p> +<p> + To what, my lords, can it be attributed, that the queen of Hungary has + yet received no assistance from allies thus powerful; from allies whose + fleets cover the sea, whose commerce extends to the remotest part of the + world, and whose wealth may be justly expected to be proportionate to + their commerce. To what can we ascribe the confidence with which the + house of Bourbon threatens the ruin of a princess, who numbers among her + allies the emperour of Britain? +</p> +<p> + Nothing is more evident, my lords, than that the queen of Hungary has + been disappointed of the advantages which she expected from her + friendship with this nation, only by a degree of cowardice too + despicable to be mentioned without such terms, as the importance of this + debate, and the dignity of this assembly, do not admit; nor is it less + certain, from the conduct of her enemies, that they knew what would be + our measures, and confided for security in that cowardice which has + never yet deceived them. +</p> +<p> + It cannot, my lords, be asserted, that our ally, however distressed, has + yet received the least assistance from our arms; neither the justice of + our cause has yet been able to awaken our virtue, nor the inseparable + union of her interest with our own, to excite our vigilance. +</p> +<p> + But, perhaps, my lords, we have had no opportunity of exerting our + force; perhaps the situation both of our enemies and ally was such, that + neither the one could be protected, nor the other opposed, by a naval + power; and, therefore, our inactivity was the effect not of want of + courage, but want of opportunity. +</p> +<p> + Though our ministers, my lords, have hitherto given no eminent proofs of + geographical knowledge, or of very accurate acquaintance with the state + of foreign countries, yet there is reason to believe that they must at + some time have heard or read, that the house of Austria had territories + in Italy; they must have been informed, unless their disbursements for + secret service are bestowed with very little judgment, that against + these dominions an army has been raised by the Spaniards; and they must + have discovered, partly by the information of their correspondents, + partly by the inspection of a map, and partly by the sagacity which + distinguishes them from all past and present ministers, that this army + was to be transported by sea from the coast of Spain to that of Italy. +</p> +<p> + This knowledge, my lords, however attained, might have furnished minds, + which have always been found so fruitful of expedients, with a method of + hindering the descent of the Spanish troops, for which nothing more was + necessary than that they should have ordered admiral Haddock, instead of + retiring before the Spanish fleet of war, and watching them only that + they might escape, to lie still before Barcelona, where the transports + were stationed, with a convoy of only three men of war, and hinder their + departure. +</p> +<p> + I hope it will be observed by your lordships, that though the road of + Barcelona is open and indefensible, though the fleet was unprotected by + ships of force, and though they lay, as I am informed, beyond the reach + of the guns on the fortifications upon the shore, I do not require that + Haddock should have destroyed the army and the ships. +</p> +<p> + I am too well acquainted, my lords, with the lenity of our ministers to + the enemies of their country, and am too well convinced of the prudence + and tenderness of the restrictions by which the power of our admirals is + limited, to expect that our guns should be ever used but in salutations + of respect, or exultations on the conclusion of a peace. I am convinced, + that our ministers would shudder at the name of bloodshed and + destruction, and that they had rather hear that a thousand merchants + were made bankrupts by privateers, or all our allies deprived of their + dominions, than that one Spanish ship was sunk or burnt by the navies of + Britain. +</p> +<p> + But, my lords, though they are willing to spare the blood of their + enemies, yet surely they might have obstructed their enterprises; they + might have withheld those whom they were unwilling to strike, and have + endeavoured to fright those whom they determined never to hurt. +</p> +<p> + To speak in terms more adapted to the subject before us: that the fleet + of Spain, a fleet of transports with such a convoy, should lie three + weeks in an open road, professedly fitted out against an ally united to + us by every tie of nature, and of policy, by the solemnity of treaties, + and conformity of interest; that it should lie undisturbed almost within + sight of a British navy; that it should lie there not only without + danger, but without apprehension of danger, has raised the astonishment + of every nation in Europe, has blasted the reputation of our arms, + impaired the influence of our counsels, and weakened the credit of our + publick faith. +</p> +<p> + There may be some, my lords, that will impute this absurdity of our + conduct, this disregard of our interest, this desertion of our + alliances, and this neglect of the most apparent opportunities of + success, not to cowardice, but treachery; a cause more detestable, as + more atrociously criminal. +</p> +<p> + This opinion, my lords, I think it not necessary to oppose, both because + it cannot be charged with improbability, and because I think it may be + easily reconciled with my own assertions; for cowardice abroad produces + treachery at home, and they become traitors to their country who are + hindered by cowardice from the prosecution of her interest, and the + opposition of her enemies. +</p> +<p> + It may however be proper to declare, my lords, that I do not impute this + fatal cowardice to those who are intrusted with the command of our + navies, but to those from whom they are obliged to receive their + instructions, and upon whom they unhappily depend for the advancement of + their fortunes. +</p> +<p> + It is at least reasonable to impute miscarriages rather to those, who + are known to have given, formerly, such orders as a brave admiral + perished under the ignominious necessity of observing, than to those of + whom it cannot be said that any former part of their lives has been + stained with the reproach of cowardice; at least it is necessary to + suspend our judgment, till the truth shall be made apparent by a rigid + inquiry; and it is, therefore, proper to offer an address in general + terms, by which neither the actions or counsels of any man shall be + condemned nor approved. +</p> +<p> + It would be more unreasonable to charge our soldiers or our sailors with + cowardice, because they have shown, even in those actions which have + failed of success, that they miscarried rather through temerity than + fear; and that whenever they are suffered to attack their enemies, they + are ready to march forward even where there is no possibility of + returning, and that they are only to be withheld from conquest by + obstacles which human prowess cannot surmount. +</p> +<p> + Such, my lords, was the state of those heroes who died under the walls + of Carthagena; that died in an enterprise so ill concerted, that I + ventured, with no great skill in war, and without the least pretence to + prescience, to foretell in this house that it would miscarry. +</p> +<p> + That it would, that it must miscarry; that it was even intended only to + amuse the nation with the appearance of an expedition, without any + design of weakening our enemies, was easily discovered; for why else, my + lords, was the army composed of men newly drawn from the shop, and from + the plough, unacquainted with the use of arms, and ignorant of the very + terms of military discipline, when we had among us large bodies of + troops long kept up under the appearance of a regular establishment; + troops of whom we have long felt the expense, but of which the time is + not, it seems, yet come, that we are to know the use. +</p> +<p> + These men, my lords, who have so long practised the motions of battle, + and who have given in the park so many proofs of their dexterity and + activity, who have at least learned to distinguish the different sounds + of the drum, and know the faces and voices of the subaltern officers, at + least, might have been imagined better qualified for an attempt upon a + foreign kingdom, than those who were necessarily strangers to every part + of the military operations, and might have been sent upon our first + declaration of war, while the new-raised forces acquired at home the + same arts under the same inspection. +</p> +<p> + But, my lords, whether it was imagined that new forces would be long + before they learned the implicit obedience necessary to a soldier; + whether it was imagined that it would not be easy on a sudden to collect + troops of men so tall and well proportioned, or so well skilled in the + martial arts of curling and powdering their hair; or whether it would + have been dangerous to have deprived the other house of the counsels and + votes of many worthy members, who had at the same time a seat in the + senate, and a commission in the army, it was thought necessary to send + out raw forces to attack our enemies, and to keep our disciplined troops + at home to awe the nation. +</p> +<p> + Nor did the minister, my lords, think it sufficient to obstruct the + expedition to America by employing new-raised troops, unless they were + likewise placed under the command of a man, who, though of undoubted + courage, was, with respect to the conduct of an army, as ignorant as + themselves. It was therefore determined, my lords, that all those + officers who had gained experience in former wars, and purchased + military knowledge by personal danger, should be disappointed and + rejected for the sake of advancing a man, who, as he had less skill, was + less likely to be successful, and was, therefore, more proper to direct + an expedition proposed only to intimidate the British nation. +</p> +<p> + That the event was such as might be expected from the means, your + lordships need not to be informed, nor can it be questioned with what + intentions these means were contrived. +</p> +<p> + I am very far, my lords, from charging our ministers with ignorance, or + upbraiding them with mistakes on this occasion, for their whole conduct + has been uniform, and all their schemes consistent with each other: nor + do I doubt their knowledge of the consequence of their measures, so far + as it was to be foreseen by human prudence. +</p> +<p> + Whether they have carried on negotiations, or made war; whether they + have conducted our own affairs, or those of our ally the queen of + Hungary, they have still discovered the same intention, and promoted it + by the same means. They have suffered the Spanish fleets to sail first + for supplies from one port to another, and then from the coasts of Spain + to those of America. They have permitted the Spaniards, without + opposition, to land in Italy, when it was not necessary even to withhold + them from it by any actual violence; for had the fleet, my lords, been + under my command, I would have only sent the Spanish admiral a + prohibition to sail, and am sure it would have been observed. +</p> +<p> + They have neglected to purchase the friendship of the king of Prussia, + which might, perhaps, have been obtained upon easy terms, but which they + ought to have gained at whatever rate; and, to conclude, we have been + lately informed that the neutrality is signed. +</p> +<p> + Such, my lords, is the conduct of the ministry, by which it cannot be + denied that we are involved in many difficulties, and exposed to great + contempt; but from this contempt we may recover, and disentangle + ourselves from these difficulties, by a vigorous prosecution of measures + opposite to those by which we have been reduced to our present state. +</p> +<p> + If we consider, without that confusion which fear naturally produces, + the circumstances of our affairs, it will appear that we have + opportunities in our hands of recovering our losses, and reestablishing + our reputation; those losses which have been suffered while we had two + hundred ships of war at sea, which have permitted three hundred + merchant-ships to be taken; and that reputation which has been destroyed + when there was no temptation either to a compliance with our enemies, or + to a desertion of our friends. +</p> +<p> + It is well known, my lords, that we make war at present rather with the + queen than the people of Spain; and it is reasonable to conclude, that a + war carried on contrary to the general good, and against the general + opinion, cannot be lasting. +</p> +<p> + It is certain that the Spaniards, whenever they have been attacked by + men acquainted with the science of war, and furnished with necessary + stores for hostile attempts, have discovered either ignorance or + cowardice, and have either fled meanly, or resisted unskilfully. +</p> +<p> + It is, therefore, probable, my lords, that either our enemies will + desist from the prosecution of a war, which few of them approve; or that + we shall, by vigorous descents upon their coasts, and their colonies, + the interruption of their trade, and the diminution of their forces, + soon compel them to receive peace upon our own terms. +</p> +<p> + But these advantages, my lords, are only to be expected from a change of + conduct, which change can never be produced by a seeming approbation of + the past measures. I am therefore of opinion, that we ought to address + the throne in general terms, according to the ancient practice of this + house. +</p> +<p> + In considering the address proposed, I cannot but conclude that it is + too much diffused, and that it would be more forcible if it was more + concise: to shorten it will be no difficult task, by the omission of all + the clauses that correspond with particular parts of his majesty's + speech, which I cannot discover the necessity of repeating. +</p> +<p> + In the congratulation to his majesty upon his return to his once + glorious dominions, no lord shall concur more readily or more zealously + than myself; nor shall I even deny to extend my compliments to the + ministry, when it shall appear that they deserve them; but I am never + willing to be lavish of praise, because it becomes less valuable by + being prodigally bestowed; and on occasions so important as this, I can + never consent to praise before I have examined, because inquiry comes + too late after approbation. +</p> +<p> + Lord CHOLMONDELEY rose next, and spoke to this effect:—My lords, if the + dangers that threaten our happiness and our safety be such as they have + been represented; if ambition has extended her power almost beyond a + possibility of resistance, and oppression, elated with success, begins + to design no less than the universal slavery of mankind; if the powers + of Europe stand aghast at the calamities which hang over them, and + listen with helpless confusion to that storm which they can neither + avoid nor resist, how ought our conduct to be influenced by this + uncommon state of affairs? Ought we not to catch the alarm while it is + possible to make preparation against the danger? Ought we not to + improve, with the utmost diligence, the important interval? to unite our + counsels for the protection of liberty, and exert all our influence + against the common enemies of society, the unwearied disturbers of the + tranquillity of mankind? +</p> +<p> + To what purpose, my lords, are the miseries that the present + distractions of Europe may bring upon us, so pathetically described, and + so accurately enumerated, if they are to produce no effect upon our + counsels? And what effect can be wished from them, but unanimity, with + that vigour and despatch which are its natural consequences, and that + success with which steadiness and expedition are generally rewarded? +</p> +<p> + It might be hoped, my lords, that those who have so clear a view of our + present embarrassments, and whose sagacity and acuteness expose them to + a sensibility of future miseries, perhaps more painful than would be + excited by any present and real calamities, should not be thus tortured + to no purpose. Every passion, my lords, has its proper object by which + it may be laudably gratified, and every disposition of mind may be + directed to useful ends. The true use of that foresight of future + events, with which some great capacities are so eminently endowed, is + that of producing caution and suggesting expedients. What advantage, my + lords, would it be to navigators, that their pilot could, by any + preternatural power, discover sands or rocks, if he was too negligent or + too stubborn to turn the vessel out of the danger? +</p> +<p> + Or how, my lords, to pursue the comparison, would that pilot be treated + by the crew, who, after having informed them of their approach to a + shoal or whirlpool, and set before them, with all his rhetorick, the + horrours of a shipwreck, should, instead of directing them to avoid + destruction, and assisting their endeavours for their common safety, + amuse them with the miscarriages of past voyages, and the blunders and + stupidity of their former pilot? +</p> +<p> + Whether any parallel can be formed between such ill-timed satire, and + wild misconduct, and the manner in which your lordships have been + treated on this occasion, it is not my province to determine. Nor have I + any other design than to show that the only proper conduct in time of + real danger, is preparation against it; and that wit and eloquence + themselves, if employed to any other purpose, lose their excellence, + because they lose their propriety. +</p> +<p> + It does not appear, my lords, that the address now proposed includes any + approbation of past measures, and therefore it is needless to inquire, + on this occasion, whether the conduct of our ministers or admirals + deserves praise or censure. +</p> +<p> + It does not appear, my lords, that by censuring any part of our late + conduct, however detrimental to the publick it may at present be + imagined, any of our losses will be repaired, or any part of our + reputation retrieved; and, therefore, such proceedings would only retard + our counsels, and divert our thoughts from more important + considerations; considerations which his majesty has recommended to us, + and which cannot be more strongly pressed upon us than by the noble lord + who opposed the motion; for he most powerfully incites to unanimity and + attention, who most strongly represents the danger of our situation. +</p> +<p> + Of the good effects of publick consultations, I need not observe, my + lords, that they arise from the joint endeavour of many understandings + cooperating to the same end; from the reasonings and observations of + many individuals of different studies, inclinations, and experience, all + directed to the illustration of the same question, which is, therefore, + so accurately discussed, so variously illustrated, and so amply + displayed, that a more comprehensive view is obtained of its relations + and consequences, than can be hoped from the wisdom or knowledge of any + single man. +</p> +<p> + But this advantage, my lords, can only be expected from union and + concurrence; for when the different members of a national council enter + with different designs, and exert their abilities not so much to promote + any general purposes, as to obviate the measures, and confute the + arguments of each other, the publick is deprived of all the benefit that + might be expected from the collective wisdom of assemblies, whatever may + be the capacity of those who compose them. The senate thus divided and + disturbed, will, perhaps, conclude with less prudence than any single + member, as any man may more easily discover truth without assistance, + than when others of equal abilities are employed in perplexing his + inquiries, and interrupting the operations of his mind. +</p> +<p> + Thus, my lords, it might be safer for a nation, even in time of terrour + and disorder, to be deprived of the counsels of this house, than to + confide in the determinations of an assembly not uniform in its views, + nor connected in its interests; an assembly from which little can be + hoped by those who observe that it cannot, without a tedious debate, + prolonged with all the heat of opposition, despatch the first and most + cursory part of publick business,—an address to his majesty. +</p> +<p> + It has been for a long time a practice too frequent, to confound past + with present questions, to perplex every debate by an endless + multiplication of objects, and to obstruct our determinations by + substituting one inquiry in the place of another. +</p> +<p> + The only question, my lords, now before us is, whether the address which + the noble lord proposed, implies any commendation of past measures, not + whether those measures deserve to be commended; which is an inquiry not + at present to be pursued, because we have not now before us the means of + attaining satisfaction in it, and which ought, therefore, to be delayed + till it shall be your lordships' pleasure to appoint a day for examining + the state of the nation, and to demand those letters, instructions, and + memorials, which are necessary to an accurate and senatorial + disquisition. +</p> +<p> + In the mean time, since it is at least as expedient for me to vindicate, + as for others to accuse those of whose conduct neither they nor I have + yet any regular cognizance, and I may justly expect from the candour of + your lordships, that you will be no less willing to hear an apologist + than a censurer, I will venture to suspend the true question a few + moments, to justify that conduct which has been so wantonly and so + contemptuously derided. +</p> +<p> + That the preservation of the house of Austria, my lords, ought to engage + the closest attention of the British nation, is freely confessed. It is + evident that by no other means our commerce, our liberty, or our + religion can be secured, or the house of Bourbon restrained from + overwhelming the universe. It is allowed that the queen of Hungary has a + claim to our assistance by other ties than those of interest; that it + was promised upon the faith of treaties, and it is demanded by the + loudest calls of honour, justice and compassion. And did it not appear + too juvenile and romantick, I might add, that her personal excellencies + are such as might call armies to her assistance from the remotest + corners of the earth; that her constancy in the assertion of her rights + might animate every generous mind with equal firmness; and her + intrepidity in the midst of danger and distress, when every day brings + accounts of new encroachments, and every new encroachment discourages + those from whom she may claim assistance from declaring in her favour, + might inspire with ardour for her preservation all those in whom virtue + can excite reverence, or whom calamities unjustly inflicted can touch + with indignation. +</p> +<p> + Nor am I afraid to affirm, my lords, that the condition of this + illustrious princess raised all these emotions in the court of Britain, + and that the vigour of our proceedings will appear proportioned to our + ardour for her success. No sooner was the true state of affairs + incontestably known, than twelve thousand auxiliary troops were hired, + and commanded to march to her assistance, but her affairs making it more + eligible for her to employ her own subjects in her defence, and the want + of money being the only obstacle that hindered her from raising armies + proportioned to those of her enemies, she required, that instead of + troops, a supply of money might be sent her, with which his majesty + willingly complied. +</p> +<p> + The British ministers in the mean time endeavoured, by the strongest + arguments and most importunate solicitations, to animate her allies to + equal vigour, or to procure her assistance from other powers whose + interest was more remotely affected by her distress: if the effects of + their endeavours are not yet manifest, it cannot be imputed to the want + either of sincerity or diligence; and if any other powers should be + persuaded to arm in the common cause, it ought to be ascribed to the + influence of the British counsels. +</p> +<p> + In the prosecution of the war with Spain, it does not appear, my lords, + that any measures have been neglected, which prudence, or bravery, or + experience, could be expected to dictate. If we have suffered greater + losses than we expected, if our enemies have been sometimes favoured by + the winds, or sometimes have been so happy as to conceal their designs, + and elude the diligence of our commanders, who is to be censured? or + what is to be concluded, but that which never was denied, that the + chance of war is uncertain, that men are inclined to make fallacious + calculations of the probabilities of future events, and that our enemies + may sometimes be as artful, as diligent, and as sagacious as ourselves? +</p> +<p> + It was the general opinion of the British people, my lords, if the + general opinion may be collected from the clamours and expectations + which every man has had opportunities of observing, that in declaring + war upon Spain, we only engaged to chastise the insolence of a nation of + helpless savages, who might, indeed, rob and murder a defenceless + trader, but who could only hold up their hands and cry out for mercy, or + sculk in secret creeks and unfrequented coasts, when ships of war should + be fitted out against them. They imagined that the fortifications of the + Spanish citadels would be abandoned at the first sound of cannon, and + that their armies would turn their backs at the sight of the standard of + Britain. +</p> +<p> + It was not remembered, my lords, that the greatest part of our trade was + carried on in sight of the Spanish coasts, and that our merchants must + be consequently exposed to incessant molestation from light vessels, + which our ships of war could not pursue over rocks and shallows. It was + not sufficiently considered, that a trading nation must always make war + with a nation that has fewer merchants, under the disadvantage of being + more exposed to the rapacity of private adventurers. How much we had to + fear on this account was shown us by the late war with France, in which + the privateers of a few petty ports, injured the commerce of this + nation, more than their mighty navies and celebrated admirals. +</p> +<p> + My lords, it would very little become this august assembly, this + assembly so renowned for wisdom, and for justice, to confound want of + prudence with want of success; since on many occasions the wisest + measures may be defeated by accidents which could not be foreseen; since + they may sometimes be discovered by deserters, or spies, and sometimes + eluded by an enemy equally skilful with ourselves in the science of war. +</p> +<p> + That any of these apologies are necessary to the administration, I am + far from intending to insinuate, for I know not that we have failed of + success in any of our designs, except the attack of Carthagena, of which + the miscarriage cannot, at least, be imputed to the ministry; nor is it + evident that any other causes of it are to be assigned than the + difficulty of the enterprise; and when, my lords, did any nation make + war, without experiencing some disappointments? +</p> +<p> + These considerations, my lords, I have thought myself obliged, by my + regard to truth and justice, to lay before you, to dissipate those + suspicions and that anxiety which might have arisen from a different + representation of our late measures; for I cannot but once more observe, + that a vindication of the conduct of the ministry is by no means a + necessary preparative to the address proposed. +</p> +<p> + The address which was so modestly offered to your lordships, cannot be + said to contain any more than a general answer to his majesty's speech, + and such declarations of our duty and affection, as are always due to + our sovereign, and always expected by him on such occasions. +</p> +<p> + If our allies have been neglected or betrayed, my lords, we shall be + still at liberty to discover and to punish negligence so detrimental, + and treachery so reproachful to the British nation. If in the war + against Spain we have failed of success, we shall still reserve in our + own hands the right of inquiring whether we were unsuccessful by the + superiority of our enemies, or by our own fault; whether our commanders + wanted orders, or neglected to obey them; for what clause can be + produced in the address by which any of these inquiries can be supposed + to be predetermined? +</p> +<p> + Let us, therefore, remember, my lords, the danger of our present state, + and the necessity of steadiness, vigour, and wisdom, for our own + preservation and that of Europe; let us consider that publick wisdom is + the result of united counsels, and steadiness and vigour, of united + influence; let us remember that our example may be of equal use with our + assistance, and that both the allies and the subjects of Great Britain + will be conjoined by our union, and distracted by our divisions; and let + us, therefore, endeavour to promote the general interest of the world, + by an unanimous address to his majesty, in the terms proposed by the + noble lord. +</p> +<p> + Lord TALBOT spoke in the following manner:—My lords, after the display + of the present state of Europe, and the account of the measures of the + British ministers, which the noble lord who spoke against the motion has + laid before you, there is little necessity for another attempt to + convince you that our liberty and the liberty of Europe are in danger, + or of disturbing your reflections by another enumeration of follies and + misfortunes. +</p> +<p> + To mention the folly of our measures is superfluous likewise, for + another reason. They who do not already acknowledge it, may be justly + suspected of suppressing their conviction; for how can it be possible, + that they who cannot produce a single instance of wisdom or fortitude, + who cannot point out one enterprise wisely concerted and successfully + executed, can yet sincerely declare, that nothing has been omitted which + our interest required? +</p> +<p> + The measures, my lords, which are now pursued, are the same which for + twenty months have kept the whole nation in continual disturbance, and + have raised the indignation of every man, whose private interest was not + promoted by them. These measures cannot be said to be rashly censured, + or condemned before they are seen in their full extent, or expanded into + all their consequences; for they have been prosecuted, my lords, with + all the confidence of authority and all the perseverance of obstinacy, + without any other opposition than fruitless clamours, or petitions + unregarded. And what consequences have they produced? What but poverty + and distractions at home, and the contempt and insults of foreign + powers? What but the necessity of retrieving by war the losses sustained + by timorous and dilatory negotiations; and the miscarriages of a war, in + which only folly and cowardice have involved us? +</p> +<p> + Nothing, my lords, is more astonishing, than that it should be asserted + in this assembly that we have no ill success to complain of. Might we + not hope for success, if we have calculated the events of war, and made + a suitable preparation? And how is this to be done, but by comparing our + forces with that of our enemy, who must, undoubtedly, be more or less + formidable according to the proportion which his treasures and his + troops bear to our own? +</p> +<p> + Upon the assurance of the certainty of this practice, upon the evidence, + my lords, of arithmetical demonstration, we were inclined to believe, + that the power of Britain was not to be resisted by Spain, and therefore + demanded that our merchants should be no longer plundered, insulted, + imprisoned, and tortured by so despicable an enemy. +</p> +<p> + That we did not foresee all the consequences of this demand, we are now + ready to confess; we did not conjecture that new troops would be raised + for the invasion of the Spanish dominions, only that we might be reduced + to the level with our enemies. We did not imagine that the superiority + of our naval force would produce no other consequence than an inequality + of expense, and that the royal navies of Britain would be equipped only + for show, only to harass the sailors with the hateful molestation of an + impress, and to weaken the crews of our mercantile vessels, that they + might be more easily taken by the privateers of Spain. +</p> +<p> + We did not expect, my lords, that our navies would sail out under the + command of admirals renowned for bravery, knowledge, and vigilance, and + float upon the ocean without design, or enter ports and leave them, + equally inoffensive as a packet-boat, or petty trader. +</p> +<p> + But not to speak any longer, my lords, in terms so little suited to the + importance of the question which I am endeavouring to clear, or to the + enormity of the conduct which I attempt to expose; the success of war is + only to be estimated by the advantages which are gained, in proportion + to the loss which is suffered; of which loss the expenses occasioned by + the war are always the chief part, and of which it is, therefore, usual, + at the conclusion of a peace, for the conquered power to promise the + payment. +</p> +<p> + Let us examine, my lords, in consequence of this position, the success + of our present war against Spain; let us consider what each nation has + suffered, and it will easily appear how justly we boast of our wisdom + and vigour. +</p> +<p> + It is not on this occasion necessary to form minute calculations, or to + compute the expense of every company of soldiers and squadron of ships; + it is only necessary to assert, what will, I hope, not be very readily + denied, even by those whom daily practice of absurd apologies has + rendered impregnable by the force of truth, that such expenses as have + neither contributed to our own defence, nor to the disadvantage of the + Spaniards, have been thrown away. +</p> +<p> + If this be granted, my lords, it will appear, that no nation ever beheld + its treasures so profusely squandered, ever paid taxes so willingly, and + so patiently saw them perverted; for it cannot, my lords, be proved, + that any part of our preparations has produced a proportionate effect; + but it may be readily shown how many fleets have been equipped only that + the merchants might want sailors, and that the public stores might be + consumed. +</p> +<p> + As to our ill success in America, which has been imputed only to the + chance of war, it will be reasonable, my lords, to ascribe to other + causes, so much of it as might have been prevented by a more speedy + reinforcement of Vernon, or may be supposed to have arisen from the + inexperience of our troops, and the escape of the Spaniards from Ferrol. +</p> +<p> + If our fleets had been sent more early into that part of the world, the + Spaniards would have had no time to strengthen their garrisons; had our + troops been acquainted with discipline, the attack would have been made + with greater judgment; and had not the Spaniards escaped from Ferrol, we + should have had no enemy in America to encounter. Had all our ministers + and all our admirals done their duty, it is evident that not only + Carthagena had been taken, but that half the dominions of Spain might + now have owned the sovereignty of the crown of Britain. +</p> +<p> + This, my lords, may be observed of the only enterprise, which it is + reasonable to believe was in reality intended against the Spaniards, if + even of this our ministers had not before contrived the defeat. But of + all the rest of our armaments it does not appear that any effect has + been felt but by ourselves, it cannot be discovered that they even + raised any alarms or anxiety either in our enemies or their allies, by + whom perhaps it was known that they were only designed as punishments + for the merchants of Britain. +</p> +<p> + That our merchants have already been severely chastised for their + insolence in complaining of their losses, and their temerity in raising + in the nation a regard for its commerce, its honour, and its rights, is + evident from a dreadful list of three hundred ships taken by the + Spaniards, some of which were abandoned by their convoys, and others + seized within sight of the coasts of Britain. +</p> +<p> + It may be urged, my lords, that the Spaniards have likewise lost a great + number of vessels; but what else could they expect when they engaged in + a war against the greatest naval power of the universe? And it is to be + remembered, that the Spaniards have this consolation in their + misfortunes, that of their ships none have been deserted by their + convoys, or wilfully exposed to capture by being robbed of their crews, + to supply ships of war with idle hands. +</p> +<p> + The Spaniards will likewise consider, that they have not harassed their + subjects for the protection of their trade; that they have not fitted + out fleets only to amuse the populace. They comfort themselves with the + hope, that the Britons will soon be reduced to a state of weakness below + themselves, and wait patiently for the time in which the masters of the + sea shall receive from them the regulation of their commerce and the + limits of their navigation. +</p> +<p> + Nor can it be doubted, my lords, but that by adhering to these measures, + our ministers will in a short time gratify their hopes; for whatsoever + be the difference between the power of two contending nations, if the + richer spends its treasures without effect, and exposes its troops to + unhealthy climates and impracticable expeditions, while the weaker is + parsimonious and prudent, they must soon be brought to an equality; and + by continuing the same conduct, the weaker power must at length prevail. +</p> +<p> + That this has been hitherto the state of the war between Britain and + Spain, it is not necessary to prove to your lordships; it is apparent, + that the expenses of the Spaniards have been far less than those of + Britain; and, therefore, if we should suppose the actual losses of war + equal, we are only wearing out our force in useless efforts, and our + enemies grow every day comparatively stronger. +</p> +<p> + But, my lords, let us not flatter ourselves that our actual losses have + been equal; let us, before we determine this question, accurately + compare the number and the value of our ships and cargoes with those of + the Spaniards, and see on which side the loss will fall. +</p> +<p> + And let us not forget, what in all the calculations which I have yet + seen on either part has been totally overlooked, the number of men + killed, or captives in the British and Spanish dominions. Men, my lords, + are at once strength and riches; and, therefore, it is to be considered, + that the most irreparable loss which any nation can sustain is the + diminution of its people: money may be repaid, and commerce may be + recovered; even liberty may be regained, but the loss of people can + never be retrieved. Even the twentieth generation may have reason to + exclaim, How much more numerous and more powerful would this nation have + been, had our ancestors not been betrayed in the expedition to + Carthagena! +</p> +<p> + What loss, my lords, have the Spaniards sustained which can be put in + balance with that of our army in America, an army given up to the + vultures of an unhealthy climate, and of which those who perished by the + sword, were in reality rescued from more lingering torments? +</p> +<p> + What equivalent can be mentioned for the liberty of multitudes of + Britons, now languishing in the prisons of Spain, or obliged by + hardships and desperation to assist the enemies of their country? What + have the Spaniards suffered that can be opposed to the detriment which + the commerce of this nation feels from the detention of our sailors? +</p> +<p> + These, my lords, are losses not to be paralleled by the destruction of + Porto Bello, even though that expedition should be ascribed to the + ministry. These are losses which may extend their consequences to many + ages, which may long impede our commerce, and diminish our shipping. +</p> +<p> + It is not to be imagined, my lords, that in this time of peculiar + danger, parents will destine their children to maritime employments, or + that any man will engage in naval business who can exercise any other + profession; and therefore the death or captivity of a sailor leaves a + vacuity in our commerce, since no other will be ready to supply his + place. Thus, by degrees, the continuance of the war will contract our + trade, and those parts of it which we cannot occupy, will be snatched by + the French or Dutch, from whom it is not probable that they will ever be + recovered. +</p> +<p> + This, my lords, is another circumstance of disadvantage to which the + Spaniards are not exposed; for their traffick being only from one part + of their dominions to another, cannot be destroyed, but will, after the + short interruption of a war, be again equally certain and equally + profitable. +</p> +<p> + It appears, therefore, my lords, that we have hitherto suffered more + than the Spaniards, more than the nation which we have so much reason to + despise; it appears that our fleets have been useless, and that our + troops have been only sent out to be destroyed; and it will, therefore, + surely be allowed me to assert, that the war has not been hitherto + successful. +</p> +<p> + I am, therefore, of opinion, my lords, that as the address now proposed, + cannot but be understood both by his majesty and the nation, to imply, + in some degree, a commendation of that conduct which cannot be + commended, which ought never to be mentioned but with detestation and + contempt, it will be unworthy of this house, offensive to the whole + nation, and unjust to his majesty. +</p> +<p> + His majesty, my lords, has summoned us to advise him in this important + juncture, and the nation expects from our determinations its relief or + its destruction: nor will either have much to hope from our counsels, + if, in our first publick act, we endeavour to deceive them. +</p> +<p> + It seems, therefore, proper to change the common form of our addresses + to the throne, to do once, at least, what his majesty demands and the + people expect, and to remember that no characters are more inconsistent, + than those of a counsellor of the king, and a flatterer of the ministry. +</p> +<p> + Then lord ABINGDON spoke to this effect:—My lords, I have always + observed that debates are prolonged, and inquiries perplexed, by the + neglect of method; and therefore think it necessary to move, That the + question may be read, that the noble lords who shall be inclined to + explain their sentiments upon it, may have always the chief point in + view, and not deviate into foreign considerations. +</p> +<p> + [It was read accordingly.] +</p> +<p> + Lord CARTERET spoke next, to the purpose following:—My lords, I am + convinced of the propriety of the last motion by the advantage which it + has afforded me of viewing more deliberately and distinctly the question + before us; the consideration of which has confirmed me in my own + opinion, that the address now proposed is only a flattering repetition + of the speech, and that the speech was drawn up only to betray us into + an encomium on the ministry; who, as they certainly have not deserved + any commendations, will, I hope, not receive them from your lordships. + For what has been the result of all their measures, but a general + confusion, the depression of our own nation and our allies, and the + exaltation of the house of Bourbon? +</p> +<p> + It is universally allowed, my lords, and therefore it would be + superfluous to prove, that the liberties of Europe are now in the utmost + danger; that the house of Bourbon has arrived almost at that exalted + pinnacle of authority, from whence it will look down with contempt upon + all other powers, to which it will henceforward prescribe laws at + pleasure, whose dominions will be limited by its direction, and whose + armies will march at its command. +</p> +<p> + That Britain will be long exempted from the general servitude, that we + shall be able to stand alone against the whole power of Europe, which + the French may then bring down upon us, and preserve ourselves + independent, while every other nation acknowledges the authority of an + arbitrary conqueror, is by no means likely, and might be, perhaps, + demonstrated to be not possible. +</p> +<p> + How long we might be able to retain our liberty, it is beyond the reach + of policy to determine, but as it is evident, that when the empire is + subdued, the Dutch will quickly fall under the same dominion, and that + all their ports and all their commerce will then be in the hands of the + French, it cannot be denied that our commerce will quickly be at an end. + We shall then lose the dominion of the sea, and all our distant colonies + and settlements, and be shut up in our own island, where the continuance + of our liberties can be determined only by the resolution with which we + shall defend them. +</p> +<p> + That this, my lords, must probably, in a few years, be our state, if the + schemes of the house of Bourbon should succeed, is certain beyond all + controversy; and therefore it is evident, that no man to whom such a + condition does not appear eligible, can look unconcerned at the + confusion of the continent, or consider the destruction of the house of + Austria, without endeavouring to prevent it. +</p> +<p> + But, my lords, though such endeavours are the duty of all who are + engaged in the transaction of publick affairs, though the importance of + the cause of the queen of Hungary be acknowledged in the speech to which + we are to return an address, it does not appear that the ministers of + Britain have once attempted to assist her, or have even forborne any + thing which might aggravate her distress. +</p> +<p> + The only effectual methods by which any efficacious relief could have + been procured, were that of reconciling her with the king of Prussia, or + that of prevailing upon the Muscovites to succour her. +</p> +<p> + A reconciliation with the king of Prussia would have been my first care, + if the honour of advising on this occasion had fallen to my lot. To have + mediated successfully between them could surely have been no difficult + task, because each party could not but know how much it was their common + interest to exclude the French from the empire, and how certainly this + untimely discord must expose them both to their ancient enemy. +</p> +<p> + As in private life, my lords, when two friends carry any dispute between + them to improper degrees of anger or resentment, it is the province of a + third to moderate the passion of each, and to restore that benevolence + which a difference of interest or opinion had impaired; so in alliances, + or the friendships of nations, whenever it unhappily falls out that two + of them forget the general good, and lay themselves open to those evils + from which a strict union only can preserve them, it is necessary that + some other power should interpose, and prevent the dangers of a + perpetual discord. +</p> +<p> + Whether this was attempted, my lords, I know not; but if any such design + was in appearance prosecuted, it may be reasonably imagined from the + event, that the negotiators were defective either in skill or in + diligence; for how can it be conceived that any man should act contrary + to his own interest, to whom the state of his affairs is truly + represented? +</p> +<p> + But not to suppress what I cannot doubt, I am convinced, my lords, that + there is in reality no design of assisting the queen of Hungary; either + our ministers have not yet recovered from their apprehensions of the + exorbitant power of the house of Austria, by which they were frighted + some years ago into the bosom of France for shelter, and which left them + no expedient but the treaty of Hanover; or they are now equally afraid + of France, and expect the <i>pretender</i> to be forced upon them by the + power whom they so lately solicited to secure them from him. +</p> +<p> + Whatever is the motive of their conduct, it is evident, my lords, that + they are at present to the unfortunate queen of Hungary, either + professed enemies, or treacherous allies; for they have permitted the + invasion of her Italian dominions, when they might have prevented it + without a blow, only by commanding the Spaniards not to transport their + troops. +</p> +<p> + To argue that our fleet in the Mediterranean was not of strength + sufficient to oppose their passage, is a subterfuge to which they can + only be driven by the necessity of making some apology, and an absolute + inability to produce any which will not immediately be discovered to be + groundless. +</p> +<p> + It is known, my lords, to all Europe, that Haddock had then under his + command thirteen ships of the line, and nine frigates, and that the + Spanish convoy consisted only of three ships; and yet they sailed before + his eyes with a degree of security which nothing could have produced but + a passport from the court of Britain, and an assured exemption from the + danger of an attack. +</p> +<p> + It may be urged, that they were protected by the French squadron, and + that Haddock durst not attack them, because he was unable to contend + with the united fleets; but my lords, even this is known to be false: it + is known that they bore no proportion to the strength of the British + squadron, that they could not have made even the appearance of a battle, + and that our commanders could have been only employed in pursuit and + captures. +</p> +<p> + This, my lords, was well known to our ministers, who were afraid only of + destroying the French squadron, and were very far from apprehending any + danger from it; but being determined to purchase, on any terms, the + continuance of the friendship of their old protectors, consented to the + invasion of Italy, and procured a squadron to sail out, under pretence + of defending the Spanish transports, that their compliance might not be + discovered. +</p> +<p> + All this, my lords, may reasonably be suspected at the first view of + their proceedings; for how could an inferiour force venture into the way + of an enemy, unless upon security that they should not be attacked? But + the late treaty of neutrality has changed suspicion into certainty, has + discovered the source of all their measures, and shown that the invasion + of Italy is permitted to preserve Hanover from the like calamity. +</p> +<p> + There is great danger, my lords, lest this last treaty of Hanover should + give the decisive blow to the liberties of Europe. How much it + embarrasses the queen of Hungary, by making it necessary for her to + divide her forces, is obvious at the first view; but this is not, in my + opinion, its most fatal consequence. The other powers will be incited, + by the example of our ministry, to conclude treaties of neutrality in + the same manner. They will distrust every appearance of our zeal for the + house of Austria, and imagine that we intend only an hypocritical + assistance, and that our generals, our ambassadors, and our admirals, + have, in reality, the same orders. +</p> +<p> + Nothing, my lords, is more dangerous than to weaken the publick faith. + When a nation can be no longer trusted, it loses all its influence, + because none can fear its menaces, or depend on its alliance. A nation + no longer trusted, must stand alone and unsupported; and it is certain + that the nation which is justly suspected of holding with its open + enemies a secret intercourse to the prejudice of its allies, can be no + longer trusted. +</p> +<p> + This suspicion, my lords, this hateful, this reproachful character, is + now fixed upon the court of Britain; nor does it take its rise only from + the forbearance of our admiral, but has received new confirmation from + the behaviour of our ambassador, who denied the treaty of neutrality, + when the French minister declared it to the Dutch. Such now, my lords, + is the reputation of the British court, a reputation produced by the + most flagrant and notorious instances of cowardice and falsehood, which + cannot but make all our endeavours ineffectual, and discourage all those + powers whose conjunction we might have promoted, from entering into any + other engagements than such as we may purchase for stated subsidies. For + who, upon any other motive than immediate interest, would form an + alliance with a power which, upon the first appearance of danger, gives + up a confederate, to purchase, not a large extent of territory, not a + new field of commerce, not a port or a citadel, but an abject + neutrality! +</p> +<p> + But however mean may be a supplication for peace, or however infamous + the desertion of an ally, I wish, my lords, that the liberty of invading + the queen of Hungary's dominions without opposition, had been the most + culpable concession of our illustrious ministers, of whom it is + reasonable to believe, that they have stipulated with the Spaniards, + that they shall be repaid the expense of the war by the plunder of our + merchants. +</p> +<p> + That our commerce has been unnecessarily exposed to the ravages of + privateers, from which a very small degree of caution might have + preserved it; that three hundred trading ships have been taken, and that + three thousand British sailors are now in captivity, is a consideration + too melancholy to be long dwelt upon, and a truth too certain to be + suppressed or denied. +</p> +<p> + How such havock could have been made, had not our ships of war concluded + a treaty of neutrality with the Spaniards, and left the war to be + carried on only by the merchants, it is not easy to conceive; for surely + it will not be pretended, that all these losses were the necessary + consequence of our situation with regard to Spain, which, if it exposed + the Portugal traders to hazard, did not hinder us from guarding our own + coasts. +</p> +<p> + And yet on our own coasts, my lords, have multitudes of our ships been + taken by the Spaniards; they have been seized by petty vessels as they + were entering our ports, and congratulating themselves upon their escape + from danger. +</p> +<p> + In the late war with France, an enemy much more formidable both for + power and situation, methods were discovered by which our trade was more + efficaciously protected: by stationing a squadron at the mouth of the + Channel, of which two or three ships at a time cruized at a proper + distance on the neighbouring seas, the privateers were kept in awe, and + confined to their own harbours, or seized if they ventured to leave + them. +</p> +<p> + But of such useful regulations in the present war there is little hope; + for if the publick papers are of any credit, the king of Spain considers + the captures of our merchants as a standing revenue, and has laid an + indulto upon them as upon other parts of the Spanish trade. +</p> +<p> + It is, therefore, to little purpose that measures are proposed in this + house, or schemes presented by the merchants for the preservation of our + commerce; for the merchants are considered as the determined enemies of + our minister, who therefore resolved that they should repent of the war + into which he was forced by them, contrary to those favourite schemes + and established maxims, which he has pursued till the liberties of + mankind are almost extinguished. +</p> +<p> + There are, indeed, some hopes, my lords, that new measures, resolutely + pursued, might yet repair the mischiefs of this absurd and cowardly + conduct, and that by resolution and dexterity, the ambition of France + might once more be disappointed. The king of Prussia appears, at length, + convinced that he has not altogether pursued his real interest, and that + his own family must fall in the ruin of the house of Austria. The king + of Sardinia appears firm in his determination to adhere to the queen of + Hungary, and has therefore refused a passage through his dominions to + the Spanish troops. The States of Holland seem to have taken the alarm, + and nothing but their distrust of our sincerity can hinder them from + uniting against the house of Bourbon. +</p> +<p> + This distrust, my lords, we may probably remove, by reviving, on this + occasion, our ancient forms of address, and declaring at once to his + majesty, and to all the powers of Europe, that we are far from approving + the late measures. +</p> +<p> + There is another reason why the short addresses of our ancestors may be + preferred to the modern forms, in which a great number of particular + facts are often comprehended. It is evident, that the addresses are + presented, before there can be time to examine whether the facts + contained in them are justly stated; and they must, therefore, lose + their efficacy with the people, who are sufficiently sagacious to + distinguish servile compliance from real approbation, and who will not + easily mistake the incense of flattery for the tribute of gratitude. +</p> +<p> + With regard to the propriety of the address proposed to your lordships, + which is, like others, only a repetition of the speech, there is, at + least, one objection to it too important to be suppressed. +</p> +<p> + It is affirmed in the speech, in what particular words I cannot exactly + remember, that since the death of the late German emperour, the interest + of the queen of Hungary has been diligently and invariably promoted; an + assertion which his majesty is too wise, too equitable, and too generous + to have uttered, but at the persuasion of his ministers. +</p> +<p> + His majesty well knows, that no important assistance has been hitherto + given to that unhappy princess; he knows that the twelve thousand men, + who are said to have been raised for the defence of the empire, those + mighty troops, by whose assistance the enemies of Austria were to be + scattered, never marched beyond the territory of Hanover, nor left that + blissful country for a single day. And is it probable that the queen + would have preferred money for troops, had she not been informed that it + would be more easily obtained? +</p> +<p> + Nor was even this pecuniary assistance, though compatible with the + security of Hanover, granted her without reluctance and difficulty; of + which no other proof is necessary, than the distance between the promise + and the performance of it. The money, my lords, is not yet all paid, + though the last payment was very lately fixed. Such is the assistance + which the united influence of justice and compassion has yet procured + from the court of Britain. +</p> +<p> + Our ministers have been, therefore, hitherto, my lords, so far from + acting with vigour in favour of the house of Austria, that they have + never solicited the court of Muscovy, almost the only court now + independent on France, to engage in her defence. How wisely that mighty + power distinguishes her real interest, and how ardently she pursues it, + the whole world was convinced in her alliance with the late emperour; + nor is it unlikely, that she might have been easily persuaded to have + protected his daughter with equal zeal. But we never asked her alliance + lest we should obtain it, and yet we boast of our good offices. +</p> +<p> + Our governours thought it more nearly concerned them to humble our + merchants than to succour our allies, and therefore admitted the + Spaniards into Italy; by which prudent conduct they dexterously at once + gratified the house of Bourbon, embarrassed the queen of Hungary, and + endangered the effects of the British merchants, lying at Leghorn; + effects which were lately valued at six hundred thousand pounds, but + which, by the seasonable arrival of the Spaniards, are happily reduced + to half their price. +</p> +<p> + I hope, therefore, I need not urge to your lordships the necessity of + confining our address to thanks and congratulations, because it is not + necessary to say how inconsistent it must be thought with the dignity of + this house to echo falsehood, and to countenance perfidy. +</p> +<p> + Then the duke of NEWCASTLE spoke to the following effect:—My lords, the + manner in which the noble lord who spoke last expresses his sentiments, + never fails to give pleasure, even where his arguments produce no + conviction; and his eloquence always receives its praise, though it may + sometimes be disappointed of its more important effects. +</p> +<p> + In the present debate, my lords, I have heard no argument, by which I am + inclined to change the usual forms of address, or to reject the motion + which has been made to us. +</p> +<p> + The address which has been proposed, is not, in my opinion, justly + chargeable either with flattery to the ministers, or with disingenuity + with respect to the people; nor can I discover in it any of those + positions which have been represented so fallacious and dangerous. It + contains only a general declaration of our gratitude, and an assertion + of our zeal; a declaration and assertion to which I hope no lord in this + assembly will be unwilling to subscribe. +</p> +<p> + As an inquiry into the propriety of this address has produced, whether + necessarily or not, many observations on the present state of Europe, + and many animadversions upon the late conduct, it cannot be improper for + me to offer to your lordships my opinion of the measures which have been + pursued by us, as well in the war with Spain, as with regard to the + queen of Hungary, and to propose my conjectures concerning the events + which may probably be produced by the distractions on the continent. +</p> +<p> + This deviation from the question before us, will at least be as easily + pardoned in me as in the noble lords who have exhibited so gloomy a + representation of our approaching condition, who have lamented the + slavery with which they imagine all the states of Europe about to be + harassed, and described the insolence and ravages of those oppressors to + whom their apprehensions have already given the empire of the world. For + surely, my lords, it is an endeavour no less laudable to dispel terrour, + than to excite it; and he who brings us such accounts as we desire to + receive, is generally listened to with indulgence, however unelegant may + be his expressions, or however irregular his narration. +</p> +<p> + That the power of the family of Bourbon is arrived at a very dangerous + and formidable extent; that it never was hitherto employed but to + disturb the happiness of the universe; that the same schemes which our + ancestors laboured so ardently and so successfully to destroy, are now + formed afresh, and intended to be put in immediate execution; that the + empire is designed to be held henceforward in dependence on France; and + that the house of Austria, by which the common rights of mankind have + been so long supported, is now marked out for destruction, is too + evident to be contested. +</p> +<p> + It is allowed, my lords, that the power of the house of Austria, which + there was once reason to dread, lest it might have been employed against + us, is now almost extinguished; and that name, which has for so many + ages filled the histories of Europe, is in danger of being forgotten. It + is allowed, that the house of Austria cannot fall without exposing all + those who have hitherto been supported by its alliance, to the utmost + danger; and I need not add, that they ought, therefore, to assist it + with the utmost expedition, and the most vigorous measures. +</p> +<p> + It may be suggested, my lords, that this assistance has been already + delayed till it is become useless, that the utmost expedition will be + too slow, and the most vigorous measures too weak to stop the torrent of + the conquests of France: that the fatal blow will be struck, before we + shall have an opportunity to ward it off, and that our regard for the + house of Austria will be only compassion for the dead. +</p> +<p> + But these, my lords, I hope, are only the apprehensions of a mind + overborne with sudden terrours, and perplexed by a confused survey of + complicated danger; for if we consider more distinctly the powers which + may be brought in opposition to France, we shall find no reason for + despairing that we may once more stand up with success in defence of our + religion and the liberty of mankind, and once more reduce those + troublers of the world to the necessity of abandoning their destructive + designs. +</p> +<p> + The noble lord has already mentioned the present disposition of three + powerful states, as a motive for vigorous resolutions, and a + consideration that may, at least, preserve us from despair; and it is no + small satisfaction to me to observe, that his penetration and experience + incline him to hope upon the prospect of affairs as they now appear; + because I doubt not but that hope will be improved into confidence, by + the account which I can now give your lordships of the intention of + another power, yet more formidable, to engage with us in the great + design of repressing the insolence of France. +</p> +<p> + A treaty of alliance, my lords, has been for some time concerted with + the emperour of Muscovy, and has been negotiated with such diligence, + that it is now completed, and I doubt not but the last ratifications + will arrive at this court in a few days; by which it will appear to your + lordships, that the interest of this nation has been vigilantly + regarded, and to our allies, that the faith of Britain has never yet + been shaken. It will appear to the French, that they have precipitated + their triumphs, that they have imagined themselves masters of nations by + whom they will be in a short time driven back to their own confines, and + that, perhaps, they have parcelled out kingdoms which they are never + likely to possess. +</p> +<p> + It was affirmed, and with just discernment, that applications ought to + be made to this powerful court, as the professed adversary of France; + and if it was not hitherto known that their assistance had been + assiduously solicited, our endeavours were kept secret only that their + success might be more certain, and that they might surprise more + powerfully by their effects. +</p> +<p> + Nor have the two other princes, which were mentioned by the noble lord, + been forgotten, whose concurrence is at this time so necessary to us: + and I doubt not but that the representations which have been made with + all the force of truth, and all the zeal that is awakened by interest + and by danger, will in time produce the effects for which they were + intended; by convincing those princes that they endanger themselves by + flattering the French ambition, that they are divesting themselves of + that defence of which they will quickly regret the loss, and that they + are only not attacked at present, that they may be destroyed more easily + hereafter. +</p> +<p> + But it is always to be remembered, my lords, that in publick + transactions, as in private life, interest acts with less force as it is + at greater distance, and that the immediate motive will generally + prevail. Futurity impairs the influence of the most important objects of + consideration, even when it does not lessen their certainty; and with + regard to events only probable, events which a thousand accidents may + obviate, they are almost annihilated, with regard to the human mind, by + being placed at a distance from us. Wherever imagination can exert its + power, we easily dwell upon the most pleasing views, and flatter + ourselves with those consequences, which though perhaps least to be + expected, are most desired. Wherever different events may arise, which + is the state of all human transactions, we naturally promote our hopes, + and repress our fears; and in time so far deceive ourselves, as to quiet + all our suspicions, lay all our terrours asleep, and believe what at + first we only wished. +</p> +<p> + This, my lords, must be the delusion by which some states are induced to + favour, and others to neglect the encroachments of France. Men are + impolitick, as they are wicked; because they prefer the gratification of + the present hour to the assurance of solid and permanent, but distant + happiness. The French take advantage of this general weakness of the + human mind, and by magnificent promises to one prince, and petty grants + to another, reconcile them to their designs. Each finds that he shall + gain more by contracting an alliance with them, than with another state + which has no view besides that of preserving to every sovereign his just + rights, and which, therefore, as it plunders none, will have nothing to + bestow. +</p> +<p> + This, my lords, is the disadvantage under which our negotiators labour + against those of France; we have no kingdoms to parcel out among those + whose confederacy we solicit; we can promise them no superiority above + the neighbouring princes which they do not now possess; we assume not + the province of adjusting the boundaries of dominion, or of deciding + contested titles: we promise only the preservation of quiet, and the + establishment of safety. +</p> +<p> + But the French, my lords, oppose us with other arguments, arguments + which, indeed, receive their force from folly and credulity; but what + more powerful assistance can be desired? They promise not mere negative + advantages, not an exemption from remote oppression, or an escape from + slavery, which, as it was yet never felt, is very little dreaded; they + offer an immediate augmentation of dominion, and an extension of power; + they propose new tracts of commerce, and open new sources of wealth; + they invite confederacies, not for defence, but for conquests; for + conquests to be divided among the powers by whose union they shall be + made. +</p> +<p> + Let it not, therefore, be objected, my lords, to our ministers, or our + negotiators, that the French obtain more influence than they; that they + are more easily listened to, or more readily believed: for while such is + the condition of mankind, that what is desired is easily credited, while + profit is more powerful than reason, the French eloquence will + frequently prevail. +</p> +<p> + Whether, my lords, our seeming want of success in the war with Spain + admits of as easy a solution, my degree of knowledge in military + affairs, does not enable me to determine. An account of this part of our + conduct is to be expected from the commissioners of the admiralty, by + whom, I doubt not, but such reasons will be assigned for all the + operations of our naval forces, and such vindications offered of all + those measures, which have been hitherto imputed too precipitately to + negligence, cowardice, or treachery, as will satisfy those who have been + most vehement in their censures. +</p> +<p> + But because it does not seem to me very difficult to apologize for those + miscarriages which have occasioned the loudest complaints, I will lay + before your lordships what I have been able to collect from inquiry, or + to conjecture from observation; and doubt not but it will easily appear, + that nothing has been omitted from any apparent design of betraying our + country, and that our ministers and commanders will deserve, at least, + to be heard before they are condemned. +</p> +<p> + That great numbers of our trading vessels have been seized by the + Spaniards, and that our commerce has, therefore, been very much + embarrassed and interrupted, is sufficiently manifest; but to me, my + lords, this appears one of the certain and necessary consequences of + war, which are always to be expected, and to be set in our consultations + against the advantages which we propose to obtain. It is as rational to + expect, that of an army sent against our enemies, every man should + return unhurt to his acquaintances, as that every merchant should see + his ship and cargo sail safely into port. +</p> +<p> + If we examine, my lords, the late war, of which the conduct has been so + lavishly applauded, in which the victories which we obtained have been + so loudly celebrated, and which has been proposed to the imitation of + all future ministers, it will appear, that our losses of the same kind + were then very frequent, and, perhaps, not less complained of, though + the murmurs are now forgotten, and the acclamations transmitted to + posterity, because we naturally relate what has given us satisfaction, + and suppress what we cannot recollect without uneasiness. +</p> +<p> + If we look farther backward, my lords, and inquire into the event of any + other war in which we engaged since commerce has constituted so large a + part of the interest of this nation, I doubt not but in proportion to + our trade will be found our losses; and in all future wars, as in the + present, I shall expect the same calamities and the same complaints. For + the escape of any number of ships raises no transport, nor produces any + gratitude; but the loss of a few will always give occasion to clamours + and discontent. For vigilance, however diligent, can never produce more + safety than will be naturally expected from our incontestable + superiority at sea, by which a great part of the nation is so far + deceived as to imagine, that because we cannot be conquered, we cannot + be molested. +</p> +<p> + Nor do I see how it is possible to employ our power more effectually for + the protection of our trade than by the method now pursued of covering + the ocean with our fleets, and stationing our ships of war in every + place where danger can be apprehended. If it be urged, that the + inefficacy of our measures is a sufficient proof of their impropriety, + it will be proper to substitute another plan of operation, of which the + success may be more probable. To me, my lords, the loss of some of our + mercantile vessels shows only the disproportion between the number of + our ships of war, and the extent of the sea, which is a region too vast + to be completely garrisoned, and of which the frequenters must + inevitably be subject to the sudden incursions of subtle rovers. +</p> +<p> + The disposition of our squadrons has been such, as was doubtless + dictated by the most acute sagacity, and the most enlightened + experience. The squadron which was appointed to guard our coasts has + been ridiculed as an useless expense; and its frequent excursions and + returns, without any memorable attempt, have given occasion to endless + raillery, and incessant exclamations of wonder and contempt. But it is + to be considered, my lords, that the enemies of this nation, either + secret or declared, had powerful squadrons in many ports of the + Mediterranean, which, had they known that our coasts were without + defence, might have issued out on a sudden, and have appeared + unexpectedly in our Channel, from whence they might have laid our towns + in ruin, entered our docks, burnt up all our preparations for future + expeditions, carried into slavery the inhabitants of our villages, and + left the maritime provinces of this kingdom in a state of general + desolation. +</p> +<p> + Out of this squadron, however necessary, there was yet a reinforcement + of five ships ordered to assist Haddock, that he might be enabled to + oppose the designs of the Spaniards, though assisted by their French + confederates, whom it is known that he was so far from favouring, that + he was stationed before Barcelona to block them up. Why he departed from + that port, and upon what motives of policy, or maxims of war, he + suffered the Spaniards to prosecute their scheme, he only is able to + inform us. +</p> +<p> + That the Spaniards have not at least been spared by design, is evident + from their sufferings in this war, which have been much greater than + ours. Many of our ships have, indeed, been snatched up by the rapacity + of private adventurers, whom the ardour of interest had made vigilant, + and whose celerity of pursuit as well as flight, enables them to take + the advantage of the situation of their own ports, and those of their + friends. But as none of our ships have been denied convoys, I know not + how the loss of them can be imputed to the ministry; and if any of those + who sailed under the protection of ships of war have been lost, the + commanders may be required to vindicate themselves from the charge of + negligence or treachery. +</p> +<p> + But this inquiry, my lords, must be, in my opinion, reserved for another + day, when it may become the immediate subject of our consultations, with + which it has at present no coherence, or to which, at least, it is very + remotely related. For I am not able, upon the most impartial and the + most attentive consideration of the address now proposed to your + lordships, to perceive any necessity of a previous inquiry into the + conduct of the war, the transaction of our negotiations, or the state of + the kingdom, in order to our compliance with this motion, by which we + shall be far from sheltering any crime from punishment, or any doubtful + conduct from inquiry; shall be far from obstructing the course of + national justice, or approving what we do not understand. +</p> +<p> + The chief tendency of his majesty's speech is to ask our advice on this + extraordinary conjuncture of affairs; a conduct undoubtedly worthy of a + British monarch, and which we ought not to requite with disrespect; but + what less can be inferred from an alteration of our established forms of + address, by an omission of any part of the speech? For what will be + imagined by his majesty, by the nation, and by the whole world, but that + we did not approve what we did not answer? +</p> +<p> + The duke of ARGYLE spoke to the following purpose:—My lords, it is with + great reason that the present time has been represented to us from the + throne as a time of uncommon danger and disturbance, a time in which the + barriers of kingdoms are broken down, in contempt of every law of heaven + and of earth, and in which ambition, rapine, and oppression, seem to be + let loose upon mankind; a time in which some nations send out armies and + invade the territories of their neighbours, in opposition to the most + solemn treaties, of which others, with equal perfidy, silently suffer, + or secretly favour the violation. +</p> +<p> + At a time like this, when treaties are considered only as momentary + expedients, and alliances confer no security, it is evident that the + preservation of our rights, our interest, and our commerce, must depend + only on our natural strength; and that instead of cultivating the + friendship of foreign powers, which we must purchase upon + disadvantageous conditions, and which will be withdrawn from us whenever + we shall need it; we ought, therefore, to collect our own force, and + show the world how little we stand in need of assistance, and how little + we have to fear from the most powerful of our enemies. +</p> +<p> + Our country, my lords, seems designed by nature to subsist without any + dependence on other nations, and by a steady and resolute improvement of + these advantages with which providence has blessed it, may bid defiance + to mankind; it might become, by the extension of our commerce, the + general centre at which the wealth of the whole earth might be collected + together, and from whence it might be issued upon proper occasions, for + the diffusion of liberty, the repression of insolence, and the + preservation of peace. +</p> +<p> + But this glory, and this influence, my lords, must arise from domestick + felicity; and domestick felicity can only be produced by a mutual + confidence between the government and the people. Where the governours + distrust the affections of their subjects, they will not be very + solicitous to advance their happiness; for who will endeavour to + increase that wealth which will, as he believes, be employed against + him? Nor will the subjects cheerfully concur even with the necessary + measures of their governours, whose general designs they conceive to be + contrary to the publick interest; because any temporary success or + accidental reputation, will only dazzle the eyes of the multitude, while + their liberties are stolen away. +</p> +<p> + This confidence, my lords, must be promoted where it exists, and + regained where it is lost, by the open administration of justice, by + impartial inquiries into publick transactions, by the exaltation of + those whose wisdom and bravery has advanced the publick reputation, or + increased the happiness of the nation, and the censure of those, however + elate with dignities, or surrounded with dependants, who by their + unskilfulness or dishonesty, have either embarrassed their country or + betrayed it. +</p> +<p> + For this reason, my lords, it is, in my opinion, necessary to gratify + the nation, at the present juncture, with the prospect of those + measures, without which no people can reasonably be satisfied; and to + pacify their resentment of past injuries, and quiet their apprehensions + of future miseries, by a possibility, at least, that they may see the + authors of all our miscarriages called to a trial in open day, and the + merit of those men acknowledged and rewarded, by whose resolution and + integrity they imagine that the final ruin of themselves and posterity + has been hitherto prevented. +</p> +<p> + That the present discontent of the British nation is almost universal, + that suspicion has infused itself into every rank and denomination of + men, that complaints of the neglect of our commerce, the misapplication + of our treasure, and the unsuccessfulness of our arms, are to be heard + from every mouth, and in every place, where men dare utter their + sentiments, I suppose, my lords, no man will deny; for whoever should + stand up in opposition to the truth of a fact so generally known, would + distinguish himself, even in this age of effrontery and corruption, by a + contempt of reputation, not yet known amongst mankind. +</p> +<p> + And indeed, my lords, it must be confessed that these discontents and + clamours are produced by such an appearance of folly, or of treachery, + as few ages or nations have ever known; by such an obstinate + perseverance in bad measures, as shame has hitherto prevented in those + upon whom nobler motives, fidelity to their trust, and love of their + country, had lost their influence. +</p> +<p> + Other ministers, when they have formed designs of sacrificing the + publick interest to their own, have been compelled to better measures by + timely discoveries, and just representations; they have been criminal + only because they hoped for secrecy, and have vindicated their conduct + no longer than while they had hopes that their apologies might deceive. +</p> +<p> + But our heroick ministers, my lords, have set themselves free from the + shackles of circumspection, they have disburdened themselves of the + embarrassments of caution, and claim an exemption from the necessity of + supporting their measures by laborious deductions and artful reasonings; + they defy the publick when they can no longer delude it, and prosecute, + in the face of the sun, those measures which they have not been able to + support, and of which the fatal consequences are foreseen by the whole + nation. +</p> +<p> + When they have been detected in one absurdity, they take shelter in + another; when experience has shown that one of their attempts was + designed only to injure their country, they propose a second of the same + kind with equal confidence, boast again of their integrity, and again + require the concurrence of the legislature, and the support of the + people. +</p> +<p> + When they had for a long time suffered our trading vessels to be seized + in sight of our own ports, when they had despatched fleets into the + Mediterranean, only to lie exposed to the injuries of the weather, and + to sail from one coast to another, only to show that they had no hostile + intentions, and that they were fitted out by the friends of the + Spaniards, only to amuse and exhaust the nation, they at length thought + it necessary to lull the impatience of the people, who began to discover + that they had hitherto been harassed with taxes and impresses to no + purpose, by the appearance of a new effort for the subjection of the + enemy, and to divert, by the expectations which an army and a fleet + naturally raise, any clamours at their past conduct'. +</p> +<p> + For this end, having entered into their usual consultations, they + projected an expedition into America, for which they raised forces and + procured transports, with all the pomp of preparation for the conquest + of half the continent, not so much to alarm the Spaniards, which I + conceive but a secondary view, as to fill the people of Britain with + amusing prospects of great achievements, of the addition of new + dominions to this empire, and an ample reparation for all their damages. +</p> +<p> + Thus provided with forces sufficient, in appearance, for this mighty + enterprise, they embarked them after many delays, and dismissed them to + their fate, having first disposed their regulations in such a manner, + that it was impossible that they should meet with success. +</p> +<p> + I can call your lordships to witness, that this impossibility was not + discovered by me after the event, for I foretold in this house, that + their designs, so conducted, must evidently miscarry. +</p> +<p> + Nor was this prediction, my lords, the effect of any uncommon sagacity, + or any accidental conjecture on future consequences which happened to be + right; for to any man who has had opportunities of observing that + knowledge in war is necessary to success, and experience is the + foundation of knowledge, it was sufficiently plain that our forces must + be repulsed. +</p> +<p> + The forces sent into America, my lords, were newly raised, placed under + the direction of officers not less ignorant than themselves, and + commanded by a man who never had commanded any troops before; and who, + however laudable he might have discharged the duty of a captain, was + wholly unacquainted with the province of a general. +</p> +<p> + Yet was this man, my lords, preferred, not only to a multitude of other + officers, to whom experience must have been of small advantage, if it + did not furnish them with knowledge far superiour to his, but to five + and forty generals, of whom I hope the nation has no reason to suspect + that any of them would not gladly have served it on an occasion of so + great importance, and willingly have conducted an expedition intended to + retrieve the honour of the British name, the terrour of our arms, and + the security of our commerce. +</p> +<p> + When raw troops, my lords, with young officers, are to act under the + command of an unskilful general, what is it reasonable to expect, but + what has happened—overthrow, slaughter, and ignominy? What but that + cheap victories should heighten the insolence, and harden the obstinacy + of our enemies; and that we should not only be weakened by our loss, but + dispirited by our disgrace; by the disgrace of being overthrown by those + whom we have despised, and with whom nothing but our own folly could + have reduced us to a level. +</p> +<p> + The other conjecture which I ventured to propose to your lordships, with + regard to the queen of Hungary, was not founded on facts equally evident + with the former, though experience has discovered that it was equally + true. It was then asserted, both by other lords and myself, that money + would be chosen by that princess as an assistance more useful than + forces; an opinion, which the lords who are engaged in the + administration vigorously opposed. In consequence of their + determination, forces were hired, for what purpose—let them now + declare, since none but themselves have yet known. +</p> +<p> + That at least they were not taken into our pay for the service for which + they were required, the succour of the house of Austria, is most + evident, unless the name of armies is imagined sufficient to intimidate + the French, as the Spaniards are to be subdued by the sight of fleets. + They never marched towards her frontiers, never opposed her enemies, or + afforded her the least assistance, but stood idle and unconcerned in the + territories of Hanover; nor was it known that they existed by any other + proof than that remittances were made for their pay. +</p> +<p> + Such, my lords, was the assistance, asked with so much solicitude, and + levied with so much expedition, for the queen of Hungary; such were the + effects of the zeal of our illustrious ministers for the preservation of + that august house, to whose alliance we are perhaps indebted for the + preservation of our religion and our liberties, and to which all Europe + must have recourse for shelter from the oppression of France. +</p> +<p> + When this formidable body of men was assembled, my lords, and reviewed, + they were perhaps found too graceful and too well sorted to be exposed + to the dangers of a battle; and the same tenderness that has so long + preserved our own forces from any other field than the park, might + rescue them from the fatigues of accompanying the active hussars in + their incursions, or the steady Austrians in their conflicts. +</p> +<p> + Whatever was the reason, my lords, it is certain that they have been + reserved for other opportunities of signalizing their courage; and they + slept in quiet, and fattened upon the wealth of Britain, while the + enemies of our illustrious, magnanimous, and unfortunate ally, entered + her territories without opposition, marched through them uninterrupted, + and rather took possession than made conquests. +</p> +<p> + That in this condition of her affairs, the queen would refuse an offer + of twelve thousand men; that when she was driven from one country to + another, attended by an army scarcely sufficient to form a flying camp, + she would not gladly have accepted a reinforcement so powerful, let + those believe, my lords, who have yet never been deceived by ministerial + faith. +</p> +<p> + The real designs of the ministry, my lords, are sufficiently obvious, + nor is any thing more certain, than that they had, in requiring this + mock assistance for the queen of Hungary, no other design than that of + raising her expectations only to deceive them; and to divert her, by + confidence in their preparations, from having recourse to more + efficacious expedients, that she might become, without resistance, the + slave of France. +</p> +<p> + For this purpose they determined to succour her with forces rather than + with money, because many reasons might be pretended, by which the march + of the forces might be retarded; but the money, my lords, when granted, + must have been more speedily remitted. +</p> +<p> + At last the queen, weary with delays, and undoubtedly sufficiently + informed of those designs, which are now, however generally discovered, + confidently denied, desired a supply of money, which might be granted + without leaving Hanover exposed to an invasion. With this demand, which + they had no pretence to deny, they have yet found expedients to delay + their compliance. For it does not appear that the whole sum granted has + yet been paid; and it would well become those noble lords, whose offices + give them an opportunity of observing the distribution of the publick + money, to justify themselves from the suspicions of the nation, by + declaring openly what has been remitted, and what yet remains to be + disbursed for some other purpose. +</p> +<p> + Is it not, therefore, evident, my lords, that by promising assistance to + this unhappy princess, the ministry intended to deceive her? That when + they flattered her with the approach of auxiliary forces, they designed + only to station them where they might garrison the frontiers of Hanover? + And that when they forced her to solicit for pecuniary aid, they delayed + the payment of the subsidy, that it might not be received till it could + produce no effect? +</p> +<p> + This, my lords, is not only evident from the manifest absurdity of their + conduct upon any other supposition, but from the general scheme which + has always been pursued by the man whose dictatorial instructions + regulate the opinions of all those that constitute the ministry, and of + whom it is well known, that it has been the great purpose of his life to + aggrandize France, by applying to her for assistance in imaginary + distresses from fictitious confederacies, and by sacrificing to her in + return the house of Austria, and the commerce of Britain. +</p> +<p> + How then, my lords, can it be asserted by us, that the house of Austria + has been vigilantly supported? How can we approve measures, of which we + discover no effect but the expense of the nation? A double expense, + produced first by raising troops, which though granted for the + assistance of the Austrians, have been made use of only for the + protection of Hanover, and by the grant of money in the place of these + troops, which were thus fallaciously obtained, and thus unprofitably + employed! +</p> +<p> + For what purpose these forces were in reality raised, I suppose no man + can be ignorant, and no man to whom it is known can possibly approve it. + How then, my lords, can we concur in an address by which the people must + be persuaded, that we either are deceived ourselves, or endeavour to + impose upon them; that we either dare not condemn any measures, however + destructive, or that, at least, we are in haste to approve them, lest + inquiry should discover their tendency too plainly to leave us the power + of applauding them, without an open declaration of our own impotence, or + disregard for the welfare of the publick. +</p> +<p> + The complaints of the people are already clamorous, and their discontent + open and universal; and surely the voice of the people ought, at least, + to awake us to an examination of their condition. And though we should + not immediately condemn those whom they censure and detest, as the + authors of their miseries, we ought, at least, to pay so much regard to + the accusation of the whole community, as not to reject it without + inquiry, as a suspicion merely chimerical. +</p> +<p> + Whether these complaints and suspicions, my lords, proceed from real + injuries and imminent dangers, or from false accusations and groundless + terrours, they equally deserve the attention of this house, whose great + care is the happiness of the people: people equally worthy of your + tenderness and regard, whether they are betrayed by one party or + another; whether they are plundered by the advocates of the + administration, under pretence of supporting the government, or + affrighted with unreasonable clamours by the opponents of the court, + under the specious appearance of protecting liberty. The people, my + lords, are in either case equally miserable, and deserve equally to be + rescued from distress. +</p> +<p> + By what method, my lords, can this be effected, but by some publick + assurance from this house, that the transactions of the nation shall no + longer be concealed in impenetrable secrecy; that measures shall be no + longer approved without examination; that publick evils shall be traced + to their causes; and that disgrace, which they have hitherto brought + upon the publick, shall fall for the future only upon the authors of + them. +</p> +<p> + Of giving this assurance, and of quieting by it the clamours of the + people; clamours which, whether just or not, are too formidable to be + slighted, and too loud not to be heard, we have now the most proper + opportunity before us. The address which the practice of our ancestors + requires us to make to his majesty, may give us occasion of expressing + at once our loyalty to the crown, and our fidelity to our country; our + zeal for the honour of our sovereign, and our regard for the happiness + of the people. +</p> +<p> + For this purpose it is necessary that, as we preserve the practice of + our ancestors in one respect, we revive it in another; that we imitate + those in just freedom of language whom we follow in the decent forms of + ceremony; and show that as we preserve, like them, a due sense of the + regal dignity, so, like them, we know likewise how to preserve our own, + and despise flattery on one side, as we decline rudeness on the other. +</p> +<p> + A practice, my lords, has prevailed of late, which cannot but be allowed + pernicious to the publick, and derogatory from the honour of this + assembly; a practice of retaining in our address the words of the + speech, and of following it servilely from period to period, as if it + were expected that we should always adopt the sentiments of the court; + as if we were not summoned to advise, but to approve, and approve + without examination. +</p> +<p> + By such addresses, my lords, all inquiries may be easily precluded; for + the minister by whom the speech is compiled, may easily introduce the + most criminal transactions in such a manner, as that they may obtain the + approbation of this house; which he may plead afterwards at our bar, + when he shall be called before it, and either involve us in the disgrace + of inconsistency, and expose us to general contempt, or be acquitted by + our former suffrages, which it would be reproachful to retract, and yet + criminal to confirm. +</p> +<p> + It is not necessary, my lords, on this occasion to observe, what all + parties have long since acknowledged, when it did not promote their + interest to deny it, that every speech from the throne is to be + considered as the work of the minister, because it is generally written + by him; or if composed by the king himself, must be drawn up in + pursuance of the information and counsel of the ministry, to whom it is, + therefore, ultimately to be referred, and may consequently be examined + without any failure of respect to the person of the prince. +</p> +<p> + This ought, however, to be observed, my lords, that it may appear more + plainly how certainly this practice may be imputed to the artifices of + ministers, since it does not promote the honour of the prince, and + manifestly obstructs the interest of the people; since it is a practice + irrational in itself, because it is inconsistent with the great purpose + of this assembly, and can, therefore, serve no other purpose than that + of procuring indemnity to the ministers, by placing them out of the + reach of future animadversion. +</p> +<p> + Let not, my lords, the uninterrupted continuance of this practice for + some reigns be pleaded in its defence; for nothing is more worthy of the + dignity of this house, than to prevent the multiplication of dangerous + precedents. That a custom manifestly injurious to the publick has + continued long, is the strongest reason for breaking it, because it + acquires every year new authority and greater veneration: if when a + nation is alarmed and distracted, a custom of twenty years is not to be + infringed, it may in twenty years more be so firmly established, that + many may think it necessary to be supported, even when those calamities + are incontestably felt, which, perhaps, now are only feared. +</p> +<p> + I shall, therefore, my lords, propose, that of the address moved for, + all be left out but the first paragraph; it will then be more consistent + with the honour of your lordships, with our regard for the people, and + with our duty to the crown, and hope no lord will refuse his + concurrence. +</p> +<p> + Lord HARDWICKE rose next, and spoke to the following effect:—My lords, + upon an attentive consideration of the address now proposed, I am not + able to discover any objections which can justly hinder the unanimous + concurrence of this assembly, since there is not any proposition + contained in it either dangerous or uncertain. +</p> +<p> + The noble lords who have opposed this motion with the most ardent + vehemence, are very far from denying what is asserted in it; they + readily grant that designs are concerted by many formidable powers + against the house of Austria, and that the consequences of the ruin of + that family must extend to the utmost parts of Europe, and endanger the + liberties of Britain itself; that the power of France will then be + without a rival, and that she may afterwards gratify her ambition + without fear and without danger. +</p> +<p> + Nor is it, my lords, less obvious in itself, or less generally allowed, + that this is a time which demands the most active vigour, the most + invariable unanimity, and the most diligent despatch; that nothing can + interrupt the course of our common enemies but the wisest counsels, and + the most resolute opposition; and that upon our conduct at this great + conjuncture may probably depend the happiness and liberty of ourselves, + our allies, and our posterity. +</p> +<p> + All this, my lords, is allowed to be apparently and indisputably true; I + am, therefore, at a loss to conceive what can be the occasion of the + debate in which some of your lordships have engaged. As the causes of + the calamities which are said to threaten us are not assigned in the + address, we shall leave ourselves at full liberty to charge them upon + those who shall appear from future inquiries to deserve so heavy an + accusation. +</p> +<p> + If the ministers of the court have, by any inconstancy in their + measures, or folly in their negotiations, given an opportunity to the + enemies of Europe to extend their influence, or endangered either our + own interest, or that of our allies; if they have by oppression or + negligence alienated from his majesty the affections of his people, or + the confidence of his confederates, nothing that is contained in the + address now before us can be produced by them in justification of their + conduct, or secure them from accusation, censure, and punishment. +</p> +<p> + If the war, my lords, has been hitherto carried on with clandestine + stipulations, or treacherous compacts; if our admirals have received + orders to retire from the coast of Spain, only to give our enemies an + opportunity of invading the dominions of the queen of Hungary, or have, + without directions, deserted their stations, and abandoned the + protection of our commerce and our colonies; we shall, notwithstanding + this address, retain in our hands the privilege of inquiring into their + conduct, and the power, if it be found criminal, of inflicting such + penalties as justice shall require. +</p> +<p> + I know not, therefore, my lords, upon what motives the debate is + continued, nor what objections they are which hinder our unanimity, at a + time when all petty controversies ought to be forgot, and all nominal + distinctions laid aside; at a time when general danger may justly claim + general attention, and we ought to suspend the assertion of our + particular opinions, and the prosecution of our separate interests, and + regard only the opposition of France, the support of our allies, and the + preservation of our country. +</p> +<p> + The noble lords who have offered their sentiments on this occasion, have + very diffusely expatiated on the miseries that impend over us, and have + shown uncommon dexterity and acuteness in tracing them all to one + source, the weakness or dishonesty of the British ministry. +</p> +<p> + For my part, my lords, though, perhaps, I believe that many + circumstances of the present distress are to be imputed to accidents + which could not be foreseen, and that the conduct of the ministry, + however sometimes disappointed of the effects intended by it, was yet + prudent and sincere, I shall at present forbear to engage in their + defence, because the discussion of a question so complicated must + necessarily require much time, and because I think it not so useful to + inquire how we were involved in our present difficulties, as by what + means we may be extricated from them. +</p> +<p> + The method by which weak states are made strong, and by which those that + are already powerful, are enabled to exert their strength with efficacy, + is the promotion of union, and the abolition of all suspicions by which + the people may be incited to a distrust of their sovereign, or the + sovereign provoked to a disregard of his people. With this view, my + lords, all addresses ought to be drawn up, and this consideration will + be sufficient to restrain us from any innovations at a time like this. +</p> +<p> + If it should be granted, my lords, that the ancient method were better + adapted to the general intention of addresses, more correspondent to the + dignity of this house, and liable to fewer inconveniencies than that + which later times have introduced, yet it will not follow that we can + now safely change it. +</p> +<p> + Nothing in the whole doctrine of politicks is better known, than that + there are times when the redress of grievances, inveterate and + customary, is not to be attempted; times when the utmost care is barely + sufficient to avert extreme calamities, and prevent a total dissolution; + and in which the consideration of lighter evils must not be suffered to + interrupt more important counsels, or divert that attention which the + preservation of the state necessarily demands. +</p> +<p> + Such, my lords, is the present time, even by the confession of those who + have opposed the motion, and of whom, therefore, it may be reasonably + demanded, why they waste these important hours in debates upon forms and + words? +</p> +<p> + For that only forms and words have produced the debate, must be + apparent, even to themselves, when the fervour of controversy shall have + slackened; when that vehemence, with which the most moderate are + sometimes transported, and that acrimony, which candour itself cannot + always forbear, shall give way to reflection and to reason. That the + danger is pressing, and that pressing dangers require expedition and + unanimity, they willingly grant; and what more is asserted in the + address? +</p> +<p> + That any lord should be unwilling to concur in the customary expressions + of thankfulness and duty to his majesty, or in acknowledgments of that + regard for this assembly with which he asks our assistance and advice, I + am unwilling to suspect; nor can I imagine that any part of the + opposition to this proposal can be produced by unwillingness to comply + with his majesty's demands, and to promise that advice and assistance, + which it is our duty, both to our sovereign, our country, and ourselves, + to offer. +</p> +<p> + That those, my lords, who have expressed in terms so full of indignation + their resentment of the imaginary neglect of the queen of Hungary's + interest, have declared the house of Austria the only bulwark of Europe, + and expressed their dread of the encroachments of France with emotions + which nothing but real passion can produce, should be unwilling to + assert their resolution of adhering to the Pragmatick sanction, and of + defending the liberties of the empire, cannot be supposed. +</p> +<p> + And yet, my lords, what other reasons of their conduct can be assigned + either by the emperour, or the people, or the allies of Britain; those + allies whose claim they so warmly assert, and whose merits they so + loudly extol? Will it not be imagined in foreign courts, that the + measures now recommended by the emperour, are thought not consistent + with the interest of the nation? Will it not be readily believed, that + we propose to abandon those designs of which we cannot be persuaded to + declare our approbation? +</p> +<p> + What will be the consequence of such an opinion artfully propagated by + France, and confirmed by appearances so likely to deceive, may easily be + foreseen, and safely predicted. The French will prosecute their schemes + with fresh ardour, when they dread no longer any interruption from the + only nation able to resist them; and it is well known, my lords, how + often confidence, by exciting courage, produces success. +</p> +<p> + Nor, indeed, can the success of their endeavours, thus animated and + quickened, be easily doubted, since the same appearances that encourage + them will intimidate their enemies. Our allies will then think no longer + of union against the general enemy; they must imagine their united force + insufficient, and the only emulation amongst them will quickly be, which + shall first offer his liberty to sale, who shall first pay his court to + the masters of the world, and merit mercy by a speedy submission. +</p> +<p> + Thus, my lords, will the house of Austria, that house so faithful to + Britain, and so steady in its opposition to the designs of the French + ambition, be finally sunk in irrecoverable ruin, by those who appear to + please themselves with declamations in its praise, and resolutions for + its defence; and who never speak of the French without rage and + detestation. +</p> +<p> + If on this occasion, my lords, we should give any suspicion of unusual + discontent, what could be concluded but that we are unwilling any longer + to embarrass ourselves with remote considerations, to load this nation + with taxes for the preservation of the rights of other sovereigns, and + to hazard armies in the defence of the continent? What can our allies + think, but that we are at present weary of the burdensome and expensive + honour of holding the balance of power in our hands, are content to + resign the unquiet province of the arbiters of Europe, and propose to + confine our care henceforward to our immediate interest, and shut up + ourselves in our own island? +</p> +<p> + That this is the real design of any of those noble lords who have + opposed the motion, I do not intend to insinuate; for I doubt not but + they believe the general interest both of this nation and its allies, + most likely to be promoted by the method of address which they + recommend, since they declare that they do not think our state + desperate, and confess the importance of the affairs on which we are + required by his majesty to deliberate, to be such, that nothing ought to + repress our endeavours but impossibility of success. +</p> +<p> + Such is the knowledge and experience of those noble lords, that the + hopes which I had formed of seeing the destructive attempts of the + French once more defeated, and power restored again to that equipoise + which is necessary to the continuance of tranquillity and happiness, + have received new strength from their concurrence, and I shall now hear + with less solicitude the threats of France. +</p> +<p> + That the French, my lords, are not invincible, the noble duke who spoke + last has often experienced; nor is there any reason for imagining that + they are now more formidable than when we encountered them in the fields + of Blenheim and Ramillies. Nothing is requisite but a firm union among + those princes who are immediately in danger from their encroachments, to + reduce them to withdraw their forces from the countries of their + neighbours, and quit, for the defence of their own territories, their + schemes of bestowing empires, and dividing dominions. +</p> +<p> + That such an union is now cultivated, we have been informed by his + majesty, whose endeavours will probably be successful, however they may + at first be thwarted and obstructed; because the near approach of danger + will rouse those whom avarice has stupified, or negligence intoxicated; + thus truth and reason will become every day more powerful, and sophistry + and artifice be in time certainly detected. +</p> +<p> + When, therefore, my lords, we are engaged in consultations which may + affect the liberties of a great part of mankind, and by which our + posterity to many ages may be made happy or miserable; when the daily + progress of the enemies of justice and of freedom ought to awaken us to + vigilance and expedition, and there are yet just hopes that diligence + and firmness may preserve us from ruin, let us not waste our time in + unnecessary debates, and keep the nations of Europe in suspense by the + discussion of a question, the decision of which may be delayed for + years, without any manifest inconvenience. Let us not embarrass his + majesty by an unusual form of address, at a time when he his negotiating + alliances, and forming plans for the rescue of the empire. +</p> +<p> + Nothing, my lords, is more remote from the real end of addresses, than a + representation of them as made only to the minister; for if there be any + commerce between a prince and his subjects, in which he is the immediate + agent, if his personal dignity be interested in any act of government, I + think it is not to be denied, that in receiving the addresses of the two + houses, he assumes a peculiar and distinct character, which cannot be + confounded with his council or ministry. +</p> +<p> + The duke of ARGYLE rose again, and spoke to this effect:—My lords, if + there was now any contest amongst us for superiority of regard to his + majesty, of zeal for his honour, or reverence of his person, I should + not doubt of proving that no lord in this house can boast of more + ardour, fidelity, or respect than myself; and if the chief question now + amongst us related to the terms in which he deserves to be addressed by + us, I should be unwilling that any man should propose language more + submissive and reverend, or more forcible and comprehensive than myself. +</p> +<p> + But addresses, however they may for present purposes be represented as + regarding the personal character of the king, are in reality nothing + more than replies to a speech composed by the minister, whose measures, + if we should appear to commend, our panegyrick may, in some future + proceeding, be cited against us. Every address, therefore, ought to be + considered as a publick record, and to be drawn up, to inform the + nation, not to mislead our sovereign. +</p> +<p> + The address now proposed, is, indeed, equally indefensible to whomsoever + it may be supposed to relate. If it respects the people, it can only + drive them to despair; if it be confined to the sovereign, our advice, + not our panegyrick, is now required, and Europe is to be preserved from + ruin, not by our eloquence, but our sincerity. Respect to his majesty, + my lords, will be best shown by preserving his influence in other + nations, and his authority in his own empire. This can only be done by + showing him how the one has been impaired, and how the other may be in + time endangered. +</p> +<p> + By addresses like this which is now proposed, my lords, has his majesty + been betrayed into an inadvertent appro bation of measures pernicious to + the nation, and dishonourable to himself, and will now be kept ignorant + of the despicable conduct of the war, the treacherous connivance at the + descent of the Spaniards upon the dominions of the queen of Hungary, and + the contempt with which every nation of the continent has heard of the + neutrality lately concluded. By addresses like this, my lords, have the + rights of the nation been silently given up, and the invaders of + liberty, and violators of our laws, preserved from prosecution; by such + addresses have our monarchs been ruined at one time, and our country + enslaved at another. +</p> +<p> + Lord HARRINGTON spoke next, in the following manner:—My lords, it is + necessary to explain that treaty of neutrality which has been mentioned + by some lords as an act to the last degree shameful, an act by which the + nation has been dishonoured, and the general liberties of Europe have + been betrayed; a representation so distant from the truth, that it can + only be imputed to want of information. +</p> +<p> + This treaty of neutrality, my lords, is so far from being reproachful to + this nation, that it has no relation to it, being made by his majesty + not in the character of emperour of Britain, but elector of Hanover, nor + is any thing stipulated by it but security of the dominions of Hanover, + from the invasion of the French for a single year. +</p> +<p> + What part of this transaction, my lords, can be supposed to fall under + the cognizance of this assembly? Or with what propriety can it be + mentioned in our debates, or produce an argument on either side? That + the dominions of Britain and Hanover are distinct, and independent on + each other, has often been asserted, and asserted with truth; and I hope + those who so studiously separate their interest on all other occasions, + will not now unite them only to reflect maliciously on the conduct of + his majesty. +</p> +<p> + I do not, indeed, charge any lord with a design so malignant and unjust; + having already asserted it as my opinion, that these reproaches were + produced only by ignorance of the true state of the affair, but cannot + with equal readiness allow that ignorance to be wholly blameless. +</p> +<p> + It is necessary, my lords, in common life, to every man who would avoid + contempt and ridicule, to refrain from speaking, at least from speaking + with confidence, on subjects with which he has not made himself + sufficiently acquainted. This caution, my lords, is more necessary when + his discourse tends to the accusation or reproach of another, because he + can then only escape contempt himself by bringing it, perhaps unjustly, + on him whom he condemns. It is more necessary still, to him who speaks + in the publick council of the nation, and who may, by false reflections, + injure the publick interest; and is yet more indispensably required in + him who assumes the province of examining the conduct of his sovereign. +</p> +<p> + Lord ISLAY spoke in substance as follows:—'My lords, it appears that + all those who have spoke on either side of the present question, however + they may generally differ in their opinions, agree at least in one + assertion, that the time which is spent in this debate might be far more + usefully employed, and that we, in some degree, desert the great cause + of liberty, by giving way to trifling altercations. This, indeed, is an + argument of equal force for a concession on either side; but, as in + affairs of such importance, no man ought to act in a manner contrary to + the convictions of his own reason, it cannot be expected that we should + be unanimous in our opinions, or that the dispute should be determined + otherwise than by the vote. +</p> +<p> + I have, indeed, heard no arguments against the motion, which require + long consideration; for little of what has been urged, has, in my + opinion, been very nearly connected with the question before us, which + is not whether the ministers have pursued or neglected the interest of + the nation, whether the laws have been violated or observed, the war + timorously or magnanimously conducted, or our negotiations managed with + dexterity or weakness, but whether we shall offer to his majesty the + address proposed. +</p> +<p> + In this address, my lords, it has never yet been proved that any + assertions are contained either false or uncertain in themselves, or + contrary to the dignity of this assembly; that any act of cowardice or + treachery, any crime, or any errour, will be secured by it from + detection and from punishment. +</p> +<p> + That this, my lords, may appear more plainly, I move that the motion may + be read; nor do I doubt but that the question will, by a closer + examination, be speedily decided. +</p> +<p> + [The motion being again read, in order to put the question.] +</p> +<p> + Lord BATHURST spoke to the effect following:—My lords, I know not why + the noble lord should expect, that by reading the motion, a more speedy + determination of the question would be produced; for if the repeated + consideration of it operates upon the minds of the lords that have + opposed it, in the same manner as upon mine, it will only confirm their + opinion, and strengthen their resolution. +</p> +<p> + We are required, my lords, to join in an address of thanks to his + majesty for his endeavours to <i>maintain</i> the balance of power; in an + address, that implies a falsehood open and indisputable, and which will, + therefore, only make us contemptible to our fellow-subjects, our allies, + and our enemies. +</p> +<p> + What is meant, my lords, by the balance of power, but such a + distribution of dominion, as may keep the sovereign powers in mutual + dread of each other, and, by consequence, preserve peace; such an + equality of strength between one prince, or one confederacy and another, + that the hazard of war shall be nearly equal on each side? But which of + your lordships will affirm, that this is now the state of Europe? +</p> +<p> + It is evident, my lords, that the French are far from imagining that + there is now any power which can be put in the balance against their + own, and therefore distribute kingdoms by caprice, and exalt emperours + upon their own terms. +</p> +<p> + It is evident, that the continuance of the balance of power is not now + to be perceived by its natural consequences, tranquillity and liberty; + the whole continent is now in confusion, laid waste by the ravages of + armies, subject to one sovereign to-day, and to-morrow to another: there + is scarcely any place where the calamities of war are not felt or + expected, and where property, by consequence, is not uncertain, and life + itself in continual danger. +</p> +<p> + One happy corner of the world, indeed, is to be found, my lords, secured + from rapine and massacre, for one year at least, by a well-timed + neutrality, of which, on what terms it was obtained, I would gladly + hear, and whether it was purchased at the expense of the honour of + Britain, though the advantages of it are confined to Hanover. +</p> +<p> + But as I am not of opinion, my lords, that the balance of power is + preserved by the security of Hanover; or that those territories, however + important, will be able to furnish forces equivalent to the power of + France, I cannot agree to promise, in an address of this house, to + assist his majesty in <i>maintaining</i> the balance of power, though I shall + cheerfully give my concurrence in every just and vigorous effort to + <i>restore</i> it. +</p> +<p> + But, as it may be urged, that any direct expressions of discontent may + be too wide a deviation from the common forms, which for a long time + have admitted nothing but submission and adulation, I shall only venture + to propose that we may, at least, contract our address, that if we do + not in plain language declare all our sentiments, we may, however, + affirm nothing that we do not think; and I am confident, that all the + praises which can be justly bestowed on the late measures, may be + comprised in a very few words. +</p> +<p> + It has been insinuated, that this change of our style may, perhaps, + surprise his majesty, and raise in him some suspicions of discontent and + disapprobation; that it may incline him to believe his measures, either + not understood by us, or not applauded, and divert him from his present + schemes, by the necessity of an inquiry into the reasons of our dislike. +</p> +<p> + And for what other purpose, my lords, should such a change of our style + be proposed? Why should we deny on this occasion the encomiastick + language which has been of late so profusely bestowed, but to show that + we think this time too dangerous for flattery, and the measures now + pursued, such as none but the most abject flatterers can commend? +</p> +<p> + I should hope, that if it be asked by his majesty to what cause it is to + be imputed, that the address of this house is so much contracted, there + would be found some amongst us honest enough to answer, that all which + can be said with truth is contained in it, and that flattery and + falsehood were not consistent with the dignity of the lords of Britain. +</p> +<p> + I hope, my lords, some one amongst us would explain to his majesty the + decency as well as the integrity of our conduct, and inform him that we + have hinted our discontent in the most respectful manner; and where + there was sufficient room for the loudest censure, have satisfied + ourselves with modest silence, with a mere negation of applause. +</p> +<p> + Should we, my lords, in opposition to the complaints of our countrymen, + to the representations of our allies, and all the conviction which our + reason can admit, or our senses produce, continue to act this farce of + approbation, what can his majesty conceive, but that those measures + which we applaud, ought to be prosecuted as the most effectual and safe? + And what consequence but total ruin can arise from the prosecution of + measures, by which we are already reduced to penury and contempt? +</p> +<p> + Lord CHOLMONDELEY spoke next to the following purpose:—My lords, it is + never without grief and wonder that I hear any suspicion insinuated of + injustice or impropriety in his majesty's measures, of whose wisdom and + goodness I have so much knowledge, as to affirm, with the utmost + confidence, that he is better acquainted than any lord in this assembly + with the present state of Europe; so that he is more able to judge by + what methods tranquillity may be reestablished; and that he pursues the + best methods with the utmost purity of intention, and the most incessant + diligence and application. +</p> +<p> + That the justest intentions may be sometimes defeated, and the wisest + endeavours fail of success, I shall readily grant; but it will not + follow, that we ought not to acknowledge that wisdom and integrity which + is exerted in the prosecution of our interest, or that we ought not to + be grateful for the benefits which were sincerely intended, though not + actually received. +</p> +<p> + The wisdom of his majesty's counsels, my lords, is not sufficiently + admired, because the difficulties which he has to encounter are not + known, or not observed. Upon his majesty, my lords, lies the task of + teaching the powers of the continent to prefer their real to their + seeming interest, and to disregard, for the sake of distant happiness, + immediate acquisitions and certain advantages. His majesty is + endeavouring to unite in the support of the Pragmatick sanction those + powers whose dominions will be enlarged by the violation of it, and whom + France bribes to her interest with the spoils of Austria; and who can + wonder that success is not easy in attempts like this? +</p> +<p> + In such measures we ought, doubtless, to endeavour to animate his + majesty, by an address, at least not less expressive of duty and respect + than those which he has been accustomed to receive; and, therefore, I + shall concur with the noble lords who made and supported the motion. +</p> +<p> + [The question, on a division, passed in the affirmative, Content, 89. + Not Content, 43.] +</p> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<p> </p> + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of The Works of Samuel Johnson, Vol. 10. +by Samuel Johnson + +*** END OF THIS PROJECT GUTENBERG EBOOK S. 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