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diff --git a/10352-h/10352-h.htm b/10352-h/10352-h.htm new file mode 100644 index 0000000..fb19890 --- /dev/null +++ b/10352-h/10352-h.htm @@ -0,0 +1,21516 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<html> +<head> +<meta http-equiv="Content-Type" + content="text/html; charset=UTF-8"> +<meta content="pg2html (binary version 0.12a)" + name="generator"> +<title>The Project Gutenberg eBook of + The Works of Samuel Johnson, Ll.d,, + of Samuel Johnson. +</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> +<div>*** START OF THE PROJECT GUTENBERG EBOOK 10352 ***</div> + +<p> </p> +<h1> + THE WORKS OF SAMUEL JOHNSON, LL.D, +</h1> +<center> + VOLUME THE ELEVENTH. +</center> +<center> + MDCCCXXV. +</center> + + +<br /><br /> + +<hr> +<br /><br /> + +<p class="toc"><a href="#2H_TOC"> +CONTENTS +</a></p> +<p class="toc"><a href="#2HREF1"> +REFERENCES TO THE SPEAKERS +</a></p> +<p class="toc"><a href="#2H_4_2"> +IN PARLIAMENT. +</a></p> +<p class="toc"><a href="#2H_4_3"> +HOUSE OF COMMONS, MARCH 9, 1741-2. +</a></p> +<p class="toc"><a href="#2H_4_4"> +HOUSE OF LORDS, MAY 20, 1742. +</a></p> +<p class="toc"><a href="#2H_4_5"> +HOUSE OF LORDS, MAY 20, 1742. +</a></p> +<p class="toc"><a href="#2H_4_6"> +HOUSE OF LORDS, JUNE 1, 1742. +</a></p> +<p class="toc"><a href="#2H_4_8"> +HOUSE OF LORDS, NOVEMBER 16, 1742. +</a></p> +<p class="toc"><a href="#2H_4_9"> +HOUSE OF COMMONS, DECEMBER 10, 1742. +</a></p> +<p class="toc"><a href="#2H_4_10"> +HOUSE OF LORDS, FEBRUARY 1, 1742-3. +</a></p> +<p class="toc"><a href="#2H_4_11"> +HOUSE OF LORDS, FEBRUARY 21, 1742-3. +</a></p> + +<br /><br /> +<hr> + + + +<a name="2H_TOC"><!-- H2 anchor --></a> +<p> </p> +<p> </p> + +<h2> + CONTENTS +</h2> + +<center> +<table summary=""> +<tr><td> + + + +<p> +<br> +Debate on an address to the king.<br> +<br> +Debate on a motion for inquiring into the conduct of publick affairs.<br> +<br> +Debate on a motion for indemnifying evidence relating to the conduct of<br> +the earl of Orford.<br> +<br> +Debate on the security and protection of trade and navigation.<br> +<br> +Debate on an address to the king.<br> +<br> +Debate granting pay for sixteen thousand Hanoverian troops.<br> +<br> +Debate on the army.<br> +<br> +Debate on spirituous liquors.<br> +</p> + +</td></tr> +</table> +</center> + + + +<a name="2HREF1"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + REFERENCES TO THE SPEAKERS +</h2> +<center> +<table summary=""> +<tr><td> +<pre> + Argyle, Duke of, + Aylesford, Lord, + Bath, Lord, + Bathurst, Lord, + Bedford, Duke of, + Bladen, Mr. + Carteret, Lord, + Chesterfield, Lord, + Cholmondeley, Lord, + Cholmondeley, Col. + Cornwall, Mr. + Delaware, Lord, + Fowkes, Mr. + Fox, Mr. + Grenville, Mr. + Gybbon, Mr. + Hardwicke, Lord, + Herbert, Mr. H.A. + Hervey, Lord, + Islay, Lord, + Limerick, Lord, + Littleton, Mr. + Lonsdale, Lord, + Montfort, Lord, + Mordaunt, Col. + Newcastle, Duke of, + Nugent, Mr. + Orford, Earl of, + Orford, Bishop of, + Pelham, Mr. + Percival, Lord, + Phillips, Mr. + Pitt, Mr. + Powlett, Lord, + Pulteney, Mr. + Quarendon, Lord, + Raymond, Lord, + Sandwich, Lord, + Sarum, Bishop of, + St. Aubin, Sir John, + Shippen, Mr. + Somerset, Lord Noel, + Speaker, the, + Stanhope, Earl of, + Talbot, Lord, + Trevor, Mr. + Tweedale, Marquis of, + Walpole, Sir Robert, + Walpole, Mr. + Westmoreland, Lord, + Winchelsea, Earl of, + Yonge, Sir Wm. +</pre> +</td></tr> +</table> +</center> +<a name="2H_4_2"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + IN PARLIAMENT. +</h2> +<center> + HOUSE OF COMMONS, DECEMBER 8, 1741. +</center> +<center> + DEBATE ON THE ADDRESS. +</center> +<p> + The commons who attended in the house of lords, having heard his + majesty's speech to both houses, returned to their own house, where a + copy of it being this day read to them by the speaker, Mr. H.A. HERBERT + moved for an address, in words to this effect: +</p> +<p> + Sir, to address the throne on the present occasion, is a custom which, + as it is founded on reason and decency, has always been observed by the + commons of Britain; nor do I suspect this house of any intention to omit + those forms of respect to his majesty, which our ancestors always + preserved even under princes whose conduct and designs gave them no + claim to reverence or gratitude. +</p> +<p> + To continue, therefore, sir, a practice which the nature of government + itself makes necessary, and which cannot but be acknowledged to be, in a + peculiar degree, proper under a prince whose personal virtues are so + generally known, I hope for the indulgence of this house in the liberty + which I shall take of proposing an address to this effect: +</p> +<p> + That we should beg leave to congratulate his majesty, upon his safe and + happy return to these his kingdoms, and to return our sincere thanks for + his most gracious speech from the throne; and assure him at the same + time, that with hearts full of duty and gratitude, we cannot but + acknowledge his majesty's regard and attention to the honour and + interest of this nation. To observe that the great and impending dangers + that threaten Europe, under the present critical and perplexed situation + of affairs, have been represented by his majesty to his parliament, for + their advice and assistance, with such paternal concern, and such + affection to his people, such confidence in his faithful commons, and + such anxiety for the general good of Europe, as cannot fail to excite in + us a due sense of his majesty's goodness and condescension; and, + therefore, to assure his majesty in the strongest manner, that this + house will, as often as these momentous affairs shall come under our + consideration, give his majesty such advice as becomes dutiful and + faithful subjects, and such assistance and support as shall be most + conducive to the honour and true interest of his crown and kingdoms. +</p> +<p> + That we thank his majesty for his royal care in prosecuting the war with + Spain; and that in order to answer these necessary purposes, we will + grant such effectual supplies, as shall enable his majesty, not only to + be in a readiness to support his friends and allies, at such times and + in such manner as the exigency and circumstances of affairs shall + require, but to oppose and defeat any attempts that shall be made + against his majesty, his crown and kingdoms, or against those, who being + equally engaged with his majesty by the faith of treaties, or united by + common interest and common danger, shall be willing to concert such + measures as shall be found necessary and expedient for maintaining the + balance of Europe. +</p> +<p> + This address, which in my opinion, will contain both a proper answer to + his majesty's speech, and a decent declaration of our gratitude and + duty, will not, I hope, be opposed. For surely it cannot be charged with + asserting any thing that is either false or mean, with bestowing any + unnecessary panegyrick, or with maintaining any fact that is not + generally allowed. +</p> +<p> + Mr. TREVOR seconded him in the manner following:—Sir, as the necessity + of an address to his majesty cannot be disputed, the only question on + this occasion must be, whether the address now proposed be such as it + may become this house to offer in the present conjuncture of affairs. +</p> +<p> + In an address, sir, it is necessary to preserve at once the respect due + to our sovereign, and the dignity which may justly be assumed by the + representatives of the people of Britain, a people whose birthright + gives them a claim to approach their sovereign, not, indeed, without the + utmost respect, but with language, which absolute monarchs never hear + from the slaves by whom they are surrounded. +</p> +<p> + This respect and dignity appear to me to be very happily united in the + address now proposed, in which we join with our professions of duty, our + offers of advice, and assert our claim to the direction of the national + expenses by our promise to grant the necessary supplies. +</p> +<p> + As there cannot, therefore, in my opinion, sir, be any thing added to + the address now offered, and there appears to me no necessity of any + alteration or omission, I second the motion. +</p> +<p> + Lord Noel SOMERSET spoke next, to this effect:—Sir, though I am far + from intending to repress, by sophistical cavils, or trifling + objections, the zeal which the honourable gentleman who proposed the + address has shown for promoting the publick business, yet, as it is very + inconsistent with the duty of a senator to prefer civility to truth, and + to sacrifice to ceremony or complaisance the interest of his country, I + think it necessary to declare my opinion, that though the address + proposed may admit of many amendments, which I leave to other gentlemen + to make, I think the addition of one clause absolutely necessary; that + his majesty may be desired not to engage this nation in a war for the + preservation of his foreign dominions; dominions which, as they are in + themselves independent on the crown of Britain, and governed by + different laws, and a different right, have been separated by an express + clause from these kingdoms, in the act to which his majesty owes his + title to the throne. +</p> +<p> + This request, sir, is at this time particularly expedient, when the + continent is in confusion, and the territories of Hanover are endangered + by the approach of the French forces. Besides, as nothing is more fatal + than groundless expectations of assistance, it may contribute to the + safety of that people, to show them that they are to depend upon their + own strength, to call their forces together, to fortify their towns, and + guard their avenues; and that, if they sit indolent and careless, in + confidence that the power of Britain will be employed in their defence, + they will only give their enemies an easy conquest, and enslave + themselves and their posterity to a foreign power: I move, therefore, + that his majesty be petitioned in our address, not to engage these + kingdoms in a war for the preservation of his foreign dominions. +</p> +<p> + Mr. SHIPPEN rose and spoke thus:—Sir, I know not with what success I + may assert, in this senate, positions, for which I have formerly been + censured, and which few other members have hitherto maintained; but I + rise with confidence that I shall be at least acknowledged to act + consistently with myself in seconding the noble person who spoke last; + and I am convinced, that many of those who differ from me in opinion, + would gladly be able to boast of resembling me in congruity of + principles, and steadiness of conduct. +</p> +<p> + But steadiness, sir, is the effect only of integrity, and congruity the + consequence of conviction: he that speaks always what he thinks, and + endeavours by diligent inquiry to think aright before he ventures to + declare his sentiments; he that follows, in his searches, no leader but + reason, nor expects any reward from them but the advantage of + discovering truth, and the pleasure of communicating it, will not easily + change his opinion, because it will seldom be easy to show that he who + has honestly inquired after truth, has failed to attain it. +</p> +<p> + For my part, I am not ashamed nor afraid to affirm, that thirty years + have made no change in any of my political opinions; I am now grown old + in this house, but that experience which is the consequence of age, has + only confirmed the principles with which I entered it many years ago; + time has verified the predictions which I formerly uttered, and I have + seen my conjectures ripened into knowledge. +</p> +<p> + I should be, therefore, without excuse, if either terrour could + affright, or the hope of advantage allure me from the declaration of my + opinions; opinions which I was not deterred from asserting, when the + prospect of a longer life than I can now expect might have added to the + temptations of ambition, or aggravated the terrours of poverty and + disgrace; opinions for which I would willingly have suffered the + severest censures, even when I had espoused them only in compliance with + reason, without the infallible certainty of experience. +</p> +<p> + Of truth it has been always observed, sir, that every day adds to its + establishment, and that falsehoods, however specious, however supported + by power, or established by confederacies, are unable to stand before + the stroke of time. Against the inconveniencies and vexations of long + life, may be set the pleasure of discovering truth, perhaps the only + pleasure that age affords. Nor is it a slight satisfaction to a man not + utterly infatuated or depraved, to find opportunities of rectifying his + notions, and regulating his conduct by new lights. +</p> +<p> + But much greater is the happiness of that man to whom every day brings a + new proof of the reasonableness of his former determinations, and who + finds, by the most unerring test, that his life has been spent in + promotion of doctrines beneficial to mankind. This, sir, is the + happiness which I now enjoy, and for which those who never shall attain + it, must look for an equivalent in lucrative employments, honorary + titles, pompous equipages, and splendid palaces. +</p> +<p> + These, sir, are the advantages which are to be gained by a seasonable + variation of principles, and by a ready compliance with the prevailing + fashion of opinions; advantages which I, indeed, cannot envy when they + are purchased at so high a price, but of which age and observation has + too frequently shown me the unbounded influence; and to which I cannot + deny that I have always ascribed the instability of conduct, and + inconsistency of assertions, which I have discovered in many men, whose + abilities I have no reason to depreciate, and of whom I cannot but + believe they would easily distinguish truth, were not falsehood + recommended to them by the ornaments of wealth. +</p> +<p> + If there are in this new senate any men devoted to their private + interest, any who prefer the gratification of their passions to the + safety and happiness of their country, who can riot without remorse in + the plunder of their constituents, who can forget the anguish of guilt + in the noise of a feast, the pomp of a drawing-room, or the arms of a + strumpet, and think expensive wickedness and the gaieties of folly + equivalent to the fair fame of fidelity and the peace of virtue, to them + I shall speak to no purpose; for I am far from imagining any power in my + language to gain those to truth who have resigned their hearts to + avarice or ambition, or to prevail upon men to change opinions, which + they have indeed never believed, though they are hired to assert them. + There is a degree of wickedness which reproof or argument cannot + reclaim, as there is a degree of stupidity which instruction cannot + enlighten. +</p> +<p> + If my country, sir, has been so unfortunate as, once more, to commit her + interest to those who propose to themselves no advantage from their + trust, but that of selling it, I may perhaps fall, once more, under + censure for declaring my opinion, and be, once more, treated as a + criminal for asserting what they who punish me cannot deny; for + maintaining the inconsistency of Hanover maxims with the happiness of + this nation, and for preserving the caution which was so strongly + inculcated by the patriots that drew up the act of settlement, and gave + the present imperial family their title to the throne. +</p> +<p> + These men, sir, whose wisdom cannot be disputed, and whose zeal for his + majesty's family was equal to their knowledge, thought it requisite to + provide some security against the prejudices of birth and education. + They were far from imagining, that they were calling to the throne a + race of beings exalted above the frailties of humanity, or exempted by + any peculiar privileges from errour or from ignorance. +</p> +<p> + They knew that every man was habitually, if not naturally, fond of his + own nation, and that he was inclined to enrich it and defend it at the + expense of another, even, perhaps, of that to which he is indebted, for + much higher degrees of greatness, wealth and power; for every thing + which makes one state of life preferable to another; and which, + therefore, if reason could prevail over prejudice, and every action were + regulated by strict justice, might claim more regard than that corner of + the earth in which he only happened to be born. +</p> +<p> + They knew, sir, that confidence was not always returned, that we most + willingly trust those whom we have longest known, and caress those with + most fondness, whose inclinations we find by experience to correspond + with our own, without regard to particular circumstances which may + entitle others to greater regard, or higher degrees of credit, or of + kindness. +</p> +<p> + Against these prejudices, which their sagacity enabled them to foresee, + their integrity incited them to secure us, by provisions which every man + then thought equitable and wise, because no man was then hired to + espouse a contrary opinion. +</p> +<p> + To obviate the disposition which a foreign race of princes might have to + trust their original subjects, it was enacted that none of them should + be capable of any place of trust or profit in these kingdoms. And to + hinder our monarchs from transferring the revenues of Britain to + Hanover, and enriching it with the commerce of our traders, and the + labours of our husbandmen; from raising taxes to augment the splendour + of a petty court, and increasing the garrisons of their mountains by + misapplying that money which this nation should raise for its own + defence, it was provided that the emperour of Britain should never + return to his native dominions, but reside always in this kingdom, + without any other care than that of gaining the affections of his + British subjects, preserving their rights, and increasing their power. +</p> +<p> + It was imagined by that senate, that the electorate of Hanover, a + subordinate dignity, held by custom of homage to a greater power, ought + to be thought below the regard of the emperor of Britain, and that the + sovereign of a nation like this ought to remember a lower state only to + heighten his gratitude to the people by whom he was exalted. They were + far from imagining that Britain and Hanover would in time be considered + as of equal importance, and that their sovereign would divide his years + between one country and the other, and please himself with exhibiting in + Hanover the annual show of the pomp and dignity of a British emperor. +</p> +<p> + This clause, sir, however, a later senate readily repealed; upon what + motives I am not able to declare, having never heard the arguments which + prevailed upon their predecessors to enact it, confuted or invalidated; + nor have I found that the event has produced any justification of their + conduct, or that the nation has received any remarkable advantage from + the travels of our emperours. +</p> +<p> + There is another clause in that important act which yet the senate has + not adventured to repeal, by which it is provided, that this nation + shall not be engaged in war for the defence of the Hanoverian dominions; + dominions of which we can have no interest in the protection or + preservation; dominions, perhaps, of no great value, into whatever hands + chance and negligence may throw them, which their situation has made + entirely useless to a naval power; but which, though they cannot + benefit, may injure us, by diverting the attention of our sovereign, or + withholding his affections. +</p> +<p> + Whether this clause, sir, has not sometimes been eluded, whether the six + thousand Hessians, which we once supported, were of use to any of the + British dominions, and whether a double number of the same nation, now + paid with our money for the defence of the queen of Hungary, have not + been stationed only where they might defend Hanover, without the least + advantage to our confederates; whether the nation has not been condemned + to double expenses in the support of this alliance, by raising, for the + queen's service, troops, which were only employed in the protection of + Hanover, and then in succouring her with pecuniary supplies, it is, + perhaps, at present unnecessary, though, I hope, not yet too late, to + inquire. +</p> +<p> + It is at present unnecessary, because the clause which is proposed + cannot be denied to be equally proper, whether the act of settlement has + been hitherto observed or violated; for the violation of it ought to + engage us in some measures that may secure us for the future from the + like injury; and the observation of it is a manifest proof how much it + is approved by all parties, since, in so many deviations from this + settlement, and an inconstancy of conduct of which an example is + scarcely to be found, this law has been esteemed sacred, the bulwark of + our rights, and the boundary which the sovereign power has not dared to + overleap. +</p> +<p> + As his majesty, sir, has, in a very solemn manner, called upon us for + our advice and assistance, what can be more proper than to lay before + him our opinion on this important question? War is, next to slavery, one + of the greatest calamities; and an unnecessary war, therefore, the + greatest error of government, an error which cannot be too cautiously + obviated, or too speedily reformed. +</p> +<p> + If we consider, sir, the present state of the continent, there is + nothing more probable than that the subjects of the elector of Hanover + may solicit the assistance of the emperor of Britain, and, therefore, it + is necessary to inform them, that their solicitations will be vain. If + we inquire into the suspicions of our fellow-subjects, we shall find + them generally disturbed with fears that they shall be sacrificed to the + security of foreign dominions, and, therefore, it is necessary to recall + their affection to his majesty where it is impaired, and confirm their + confidence where it has been hitherto preserved, by showing, in the most + publick manner, how vainly they have been disquieted, and how grossly + they have been mistaken. +</p> +<p> + It is certainly our duty, sir, to give such advice as may most truly + inform his majesty of the sentiments of his people, and most effectually + establish in the people an adherence to his majesty; as it is certain + that no advice will be seconded by greater numbers than that which is + proposed, nor can his majesty, by any act of goodness, so much endear + his government, as by a ready promise to this nation of an exemption + from any war in defence of Hanover. +</p> +<p> + I hope, sir, it will not be objected, that by such request a suspicion + will be insinuated of designs detrimental to the British nation, and + repugnant to the conditions on which his majesty ascended the throne, + because an objection of equal force may rise against any advice whatever + that shall be offered by the senate. +</p> +<p> + It may be always urged, sir, that to recommend any measures, is to + suppose that they would not have been suggested to his majesty by his + own wisdom, and, by consequence, that he is defective either in + knowledge or in goodness, that he either mistakes or neglects the + interest of his people. +</p> +<p> + Thus, sir, may the most laudable conduct be charged with sedition, and + the most awful regard be accused of disrespect, by forced consequences, + and exaggerated language; thus may senates become useless, lest they + should appear to be wiser than their sovereign, and the sovereign be + condemned to act only by the information of servile ministers, because + no publick advice can safely be given him. +</p> +<p> + That kings must act upon the information of others, that they can see + little with their own eyes through the mists which flattery is + continually employed in raising before them, and that they are, + therefore, most happy who have, by the constitution of the country which + they govern, an opportunity of knowing the opinions of their people + without disguise, has yet never been denied by any who do not separate + the interest of the king from that of the people, and leave mankind no + political distinction but that of tyrants and slaves. +</p> +<p> + This, sir, is the happiness of the emperour of Britain beyond other + monarchs, an advantage by which he may be always enabled to contemplate + the happy and flourishing state of his subjects, and to receive the + blessings and acclamations of millions, that owe to his care their + wealth and their security. +</p> +<p> + Of this advantage he cannot be deprived, but by the cowardice or the + treachery of those men who are delegated by the people, as the guardians + of their liberties; and surely it requires no uncommon penetration to + discover, that no act of treason can be equal in malignity to that + perfidy which deprives the king of the affections of his subjects, by + concealing from him their sentiments and petitions. He that makes his + monarch hated, must, undoubtedly, make him unhappy; and he that destroys + his happiness, might more innocently take away his life. +</p> +<p> + To exempt myself, therefore, from such guilt, to discharge the trust + conferred on me by my country, and to perform the duty which I owe to my + king, I stand up to second this motion. +</p> +<p> + Mr. GYBBON spoke next, to the following purpose:—Sir, as it is not easy + to remember all the parts of an address by only once hearing it, and + hearing it in a form different from that in which it is to be presented, + I think it necessary to a more accurate consideration of it, that it + should be read distinctly to the house. We may otherwise waste our time + in debates, to which only our own forgetfulness gives occasion; we may + raise objections without reason, and propose amendments where there is + no defect. [The address was accordingly read, and Mr. GYBBON proceeded.] +</p> +<p> + Having now heard the address, I find by experience the propriety of my + proposal; having remarked a clause, which, in my opinion, is necessary + to be amended, and which I had not observed when it was repeated before. +</p> +<p> + It is well known, that the speeches from the throne, though pronounced + by the king, are always considered as the compositions of the ministry, + upon whom any false assertions would be charged, as the informers and + counsellors of the crown. +</p> +<p> + It is well known, likewise, that whenever this house returns thanks to + the king for any measures that have been pursued, those measures are + supposed to be approved by them; and that approbation may be pleaded by + the minister in his defence, whenever he shall be required to answer for + the event of his counsels. +</p> +<p> + It is, therefore, in my opinion, extremely unreasonable to propose, that + <i>thanks should be returned to his majesty for his royal care in + prosecuting the war against Spain</i>; for what has been the consequence of + that care, for which our thanks are to be, with so much solemnity, + returned, but defeats, disgrace, and losses, the ruin of our merchants, + the imprisonment of our sailors, idle shows of armaments, and useless + expenses? +</p> +<p> + What are the events which are to be recorded in an impartial account of + this war; a war provoked by so long a train of insults and injuries, and + carried on with so apparent an inequality of forces? Have we destroyed + the fleets of our enemies, fired their towns, and laid their fortresses + in ruins? Have we conquered their colonies, and plundered their cities, + and reduced them to a necessity of receding from their unjust claims, + and repaying the plunder of our merchants? Are their ambassadors now + soliciting peace at the court of Britain, or applying to the + neighbouring princes to moderate the resentment of their victorious + enemies? +</p> +<p> + I am afraid that the effects of our preparations, however formidable, + are very different; they have only raised discontent among our + countrymen, and contempt among our enemies. We have shown that we are + strong indeed, but that our force is made ineffectual by our cowardice; + that when we threaten most loudly, we perform nothing; that we draw our + swords but to brandish them, and only wait an opportunity to sheath them + in such a manner, as not plainly to confess that we dare not strike. +</p> +<p> + If we consider, therefore, what effect our thanks for conduct like this + must naturally produce, it will appear that they can only encourage our + enemies, and dispirit our fellow-subjects. It will be imagined that the + Spaniards are a powerful nation, which it was the highest degree of + temerity to attack; a nation by whom it is honour sufficient not to be + overcome, and from whom we cannot be defended without the most vigilant + caution, and the most extensive knowledge both of politicks and war. +</p> +<p> + It will readily be perceived by the proud Spaniards, that it is only + necessary to prosecute their views a little longer, to intimidate us + with new demands, and amuse us with new preparations; and that we, who + are always satisfied with our success, shall soon be weary of a war from + which it is plain that we never expected any advantage, and therefore + shall, in a short time, willingly receive such terms as our conquerors + will grant us. +</p> +<p> + It is always to be remembered, how much all human affairs depend upon + opinion, how often reputation supplies the want of real power, by making + those afraid who cannot be hurt, and by producing confidence where there + is no superiority. The opinion of which the senate ought to endeavour + the promotion, is confidence in their steadiness, honesty, and wisdom. + Confidence which will not be much advanced by an address of thanks for + the conduct of the war against Spain. +</p> +<p> + How justly may it be asked, when this address is spread over the world, + what were the views with which the senate of Britain petitioned their + sovereign to declare war against Spain? +</p> +<p> + If their design was, as they then asserted, to procure security for the + commerce of America, and reparation for the injuries which their + merchants had received, by what fluctuation of counsels, by what + prevalence of new opinions, have they now abandoned it? For that they + have no longer the same intentions, that they now no more either propose + security, or demand recompense, is evident; since though they have + obtained neither, yet are they thankful for the conduct of the war. +</p> +<p> + To what can this apparent instability be imputed, but to the want either + of wisdom to balance their own power with that of their enemies, and + discern the true interest of their country, or to a mean compliance with + the clamours of the people, to whom they durst not refuse the appearance + of a war, though they had no expectation of honour or success? +</p> +<p> + But in far other terms, sir, will the Spaniards speak of the address + which is now proposed. "Behold, say our boasting enemies, the spirit and + wisdom of that assembly, whose counsels hold the continent in suspense, + and whose determinations change the fate of kingdoms; whose vote + transfers sovereignty, covers the ocean with fleets, prescribes the + operation of distant wars, and fixes the balance of the world. Behold + them amused with idle preparations, levying money for mockeries of war, + and returning thanks for the pleasure of the show. Behold them looking + with wonderful tranquillity on the loss of a great number of their + ships, which have been seized upon their own coasts by our privateers, + and congratulating themselves and their monarch that any have been + preserved. How great would have been the exultation, and how loud the + applauses, had they succeeded in any of their designs; had they + obstructed the departure of our fleets, or hindered our descent upon the + dominions of the queen of Hungary; had they confined our privateers in + our harbours, defeated any of our troops, or overrun any of our + colonies! In what terms would they have expressed their gratitude for + victory, who are thus thankful for disappointments and disgrace?" +</p> +<p> + Such, sir, must be the remarks of our enemies upon an address like that + which is now proposed; remarks which we and our allies must be condemned + to hear, without attempting a reply. For what can be urged to extenuate + the ridicule of returning thanks where we ought either to express + resentment, offer consolations, and propose the means of better success, + or cover our grief and shame with perpetual silence? +</p> +<p> + When it shall be told in foreign nations, that the senate of Britain had + returned thanks for the escape of the Spaniards from Ferrol, their + uninterrupted expedition to Italy, the embarrassment of their own trade, + the captivity of their sailors, and the destruction of their troops, + what can they conclude, but that the senate of Britain is a collection + of madmen, whom madmen have deputed to transact the publick affairs? And + what must be the influence of such a people, and such a senate, will be + easily conceived. +</p> +<p> + If I have given way, sir, in these observations, to any wanton + hyperbole, or exaggerated assertions, they will, I hope, be pardoned by + those who shall reflect upon the real absurdity of the proposal, which I + am endeavouring to show in its true state, and by all who shall + consider, that to return thanks for the management of the war, is to + return thanks for the carnage of Carthagena, for the ruin of our + merchants, for the loss of our reputation, and for the exaltation of the + family of Bourbon. +</p> +<p> + I hope no man will be so unjust, or can be so ignorant, as to insinuate + or believe, that I impute any part of our miscarriages to the personal + conduct of his majesty, or that I think his majesty's concern for the + prosperity of his people unworthy of the warmest and sincerest + gratitude. If the address were confined to the inspection of our + sovereign alone, I should be very far from censuring or ridiculing it; + for his majesty has not the event of war in his power, nor can confer + upon his ministers or generals that knowledge which they have neglected + to acquire, or that capacity which nature has denied them. He may + perform more than we have a right to expect, and yet be unsuccessful; he + may deserve the utmost gratitude, even when, by the misconduct of his + servants, the nation is distressed. +</p> +<p> + But, sir, in drawing up an address, we should remember that we are + declaring our sentiments not only to his majesty, but to all Europe; to + our allies, our enemies, and our posterity; that this address will be + understood, like all others; that thanks offered in this manner, by + custom, signify approbation; and that, therefore, we must at present + repress our gratitude, because it can only bring into contempt our + sovereign and ourselves. +</p> +<p> + Sir Robert WALPOLE spoke next, to this effect:—Sir, I am very far from + thinking that the war against Spain has been so unsuccessful as some + gentlemen have represented it; that the losses which we have suffered + have been more frequent than we had reason to expect from the situation + of our enemies, and the course of our trade; or our defeats, such as the + common chance of war does not often produce, even when the inequality of + the contending powers is incontestable, and the ultimate event as near + to certainty, as the nature of human affairs ever can admit. +</p> +<p> + Nor am I convinced, sir, even though it should be allowed that no + exaggeration had been made of our miscarriages, that the impropriety of + an address of thanks to his majesty for his regal care in the management + of the war, is gross or flagrant. For if it be allowed that his majesty + may be innocent of all the misconduct that has produced our defeats, + that he may have formed schemes wisely, which were unskilfully + prosecuted; that even valour and knowledge concurring, will not always + obtain success; and that, therefore, some losses may be suffered, and + some defeats received, though not only his majesty gave the wisest + direction, but his officers executed them with the utmost diligence and + fidelity; how will it appear from our ill success, that our sovereign + does not deserve our gratitude? And if it shall appear to us that our + thanks are merited, who shall restrain us from offering them in the most + publick and solemn manner? +</p> +<p> + For my part, I think no consideration worthy of regard in competition + with truth and justice, and, therefore, shall never forbear any + expression of duty to my sovereign, for fear of the ridicule of our + secret, or the reproaches of our publick enemies. +</p> +<p> + With regard to the address under our consideration, if it be allowed + either that we have not been unsuccessful in any opprobrious degree, or + that ill success does not necessarily imply any defect in the conduct of + his majesty, or debar us from the right of acknowledging his goodness + and his wisdom, I think, sir, no objection can be made to the form of + expression now proposed, in which all sounding and pompous language, all + declamatory exaggeration, and studied figures of speech, all appearance + of exultation, and all the farce of rhetorick are carefully avoided, and + nothing inserted that may disgust the most delicate, or raise scruples + in the most sincere. +</p> +<p> + Yet, sir, that we may not waste our time upon trivial disputes, when the + nation expects relief from our counsels, that we may not suspend the + prosecution of the war by complaints of past defeats, or retard that + assistance and advice which our sovereign demands, by inquiring whether + it may be more proper to thank, or to counsel him, I am willing, for the + sake of unanimity, that this clause should be omitted; and hope that no + other part of the address can give any opportunity for criticism, or for + objections. +</p> +<p> + Sir, it is no wonder that the right honourable gentleman willingly + consents to the omission of this clause, which could be inserted for no + other purpose than that he might sacrifice it to the resentment which it + must naturally produce, and by an appearance of modesty and compliance, + pass easily through the first day and obviate any severe inquiries that + might be designed. +</p> +<p> + He is too well acquainted with the opinion of many whom the nation has + chosen to represent them, and with the universal clamours of the people, + too accurately informed of the state of our enemies, and too conscious + how much his secret machinations have hindered our success, to expect or + hope that we should meet here to return thanks for the management of the + war; of a war in which nothing has been attempted by his direction that + was likely to succeed, and in which no advantage has been gained, but by + acting without orders, and against his hopes. +</p> +<p> + That I do not charge him, sir, without reason, or invent accusations + only to obstruct his measures, or to gratify my own resentment; that I + do not eagerly catch flying calumnies, prolong the date of casual + reproaches, encourage the malignity of the envious, or adopt the + suspicions of the melancholy; that I do not impose upon myself by a warm + imagination, and endeavour to communicate to others impressions which I + have only received myself from prejudice and malignity, will be proved + from the review of his conduct since the beginning of our dispute with + Spain, in which it will be found that he has been guilty, not of single + errours, but of deliberate treachery; that he has always cooperated with + our enemies, and sacrificed to his private interest the happiness and + the honour of the British nation. +</p> +<p> + How long our merchants were plundered, our sailors enslaved, and our + colonies intimidated without resentment; how long the Spaniards usurped + the dominion of the seas, searched our ships at pleasure, confiscated + the cargoes without control, and tortured our fellow-subjects with + impunity, cannot but be remembered. Not only every gentleman in this + house, but every man in the nation, however indolent, ignorant, or + obscure, can tell what barbarities were exercised, what ravages were + committed, what complaints were made, and how they were received. It is + universally known that this gentleman, and those whom he has seduced by + pensions and employments, treated the lamentations of ruined families, + and the outcries of tortured Britons, as the clamours of sedition, and + the murmurs of malignity suborned to inflame the people, and embarrass + the government. +</p> +<p> + It is known, sir, that our losses were at one time ridiculed as below + the consideration of the legislature, and the distress of the most + useful and honest part of mankind was made the subject of merriment and + laughter; the awkward wit of all the hirelings of the town was exerted + to divert the attention of the publick, and all their art was employed + to introduce other subjects into conversation, or to still the + complaints which they heard with a timely jest. +</p> +<p> + But their wit was not more successful on this, than on other occasions; + their imaginations were soon exhausted, and they found, as at other + times, that they must have recourse to new expedients. The first + artifice of shallow courtiers is to elude with promises those complaints + which they cannot confute, a practice that requires no understanding or + knowledge, and therefore has been generally followed by the + administration. This artifice they quickly made use of, when they found + that neither the merchants nor the nation were to be silenced by an + affectation of negligence, or the sallies of mirth; that it was no + longer safe to jest upon the miseries of their countrymen, the + destruction of our trade, and the violation of our rights, they + condescended, therefore, to some appearances of compassion, and promised + to exert all their influence to procure redress and security. +</p> +<p> + That they might not appear, sir, to have made this promise only to free + themselves from present importunity, they set negotiations on foot, + despatched memorials, remonstrances, propositions, and computations, and + with an air of gravity and importance, assembled at proper times to + peruse the intelligence which they received, and to concert new + instructions for their ministers. +</p> +<p> + While this farce was acted, sir, innumerable artifices were made use of + to reconcile the nation to suspense and delay. Sometimes the distance of + the Spanish dominions in America retarded the decision of our claims. + Sometimes the dilatory disposition of the Spaniards, and the established + methods of their courts, made it impossible to procure a more speedy + determination. Sometimes orders were despatched to America in favour of + our trade, and sometimes those orders were neglected by the captains of + the Spanish ships, and the governours of their provinces; and when it + was inquired why those captains and governours were not punished or + recalled, we were treated with contempt, for not knowing what had been + so lately told us of the dilatory proceedings of the Spanish courts. +</p> +<p> + In the mean time our merchants were plundered, and our sailors thrown + into dungeons; our flag was insulted, and our navigation restrained, by + men acting under the commission of the king of Spain; we perceived no + effect of our negotiations but the expense, and our enemies not only + insisted on their former claims, but prosecuted them with the utmost + rigour, insolence, and cruelty. +</p> +<p> + It must, indeed, sir, be urged in favour of our minister, that he did + not refuse any act of submission, or omit any method of supplication by + which he might hope to soften the Spaniards; he solicited their favour + at their own court, he sent commissaries into their country, he assisted + them in taking possession of dominions, to which neither we nor they + have proved a right; and he employed the navies of Britain to transport + into Italy the prince on whom the new-erected kingdom was to be + conferred. +</p> +<p> + Well might he expect that the Spaniards would be softened by so much + kindness and forbearance, and that gratitude would at length induce them + to spare those whom no injuries or contempt had been able to alienate + from them, and to allow those a free course through the seas of America, + to whom they had been indebted for an uninterrupted passage to the + possession of a kingdom. +</p> +<p> + He might likewise urge, sir, that when he was obliged to make war upon + them, he was so tender of their interest, that the British admiral was + sent out with orders rather to destroy his own fleet than the galleons, + which, in appearance, he was sent to take, and to perish by the + inclemency of the climate, rather than enter the Spanish ports, terrify + their colonies, or plunder their towns. +</p> +<p> + But to little purpose, sir, did our minister implore the compassion of + the Spaniards, and represent the benefits by which we might claim it; + for his compliance was by the subtle Spaniards attributed, not to + kindness, but to fear; and it was therefore determined to reduce him to + absolute slavery, by the same practices which had already sunk him to so + abject a state. +</p> +<p> + They therefore treated our remonstrances with contempt, continued their + insolence and their oppressions, and while our agent was cringing at + their court with fresh instructions in his hand, while he was hurrying + with busy looks from one grandee to another, and, perhaps, dismissed + without an audience one day, and sent back in the midst of his harangue + on another, the guardships of the Spaniards continued their havock, our + merchants were ruined, and our sailors tortured. +</p> +<p> + At length, sir, the nation was too much inflamed to be any longer amused + with idle negotiations, or trifling expedients; the streets echoed with + the clamours of the populace, and this house was crowded with petitions + from the merchants. The honourable person, with all his art, found + himself unable any longer to elude a determination of this affair. Those + whom he had hitherto persuaded that he had failed merely for want of + abilities, began now to suspect that he had no desire of better success; + and those who had hitherto cheerfully merited their pensions by an + unshaken adherence to all his measures, who had extolled his wisdom and + his integrity with all the confidence of security, began now to be + shaken by the universality of the censures which the open support of + perfidy brought upon them. They were afraid any longer to assert what + they neither believed themselves, nor could persuade others to admit. + The most indolent were alarmed, the most obstinate convinced, and the + most profligate ashamed. +</p> +<p> + What could now be done, sir, to gain a few months, to secure a short + interval of quiet, in which his agents might be employed to disseminate + some new falsehood, bribe to his party some new vindicators, or lull the + people with the opiate of another expedient, with an account of + concessions from the court of Spain, or a congress to compute the + losses, and adjust the claims of our merchants? +</p> +<p> + Something was necessarily to be attempted, and orders were therefore + despatched by our minister, to his slave at the court of Spain, to + procure some stipulations that might have at least the appearance of a + step towards the conclusion of the debate. His agent obeyed him with his + usual alacrity and address, and in time sent him, for the satisfaction + of the British people, the celebrated convention. +</p> +<p> + The convention, sir, has been so lately discussed, is so particularly + remembered, and so universally condemned, that it would be an + unjustifiable prodigality of time to expatiate upon it. There were but + few in the last senate, and I hope there are none in this, who did not + see the meanness of suffering incontestable claims to be disputed by + commissaries, the injustice of the demand which was made upon the + South-sea company, and the contemptuous insolence of amusing us with the + shadow of a stipulation, which was to vanish into nothing, unless we + purchased a ratification of it, by paying what we did not owe. +</p> +<p> + The convention, therefore, sir, was so far from pacifying, that it only + exasperated the nation, and took from our minister the power of acting + any longer openly in favour of the Spaniards; of whom it must be + confessed, that their wisdom was overpowered by their pride, and that, + for the sake of showing to all the powers of Europe the dependence in + which they held the court of Britain, they took from their friends the + power of serving them any longer, and made it unsafe for them to pay + that submission to which they were inclined. +</p> +<p> + The Spaniards did not sufficiently distinguish between the nation and + the ministry of Britain, nor suspected that their interests, + inclinations, and opinions were directly opposite; and that those who + were caressed, feared, and reverenced by the ministry, were by the + people hated, despised, and ridiculed. +</p> +<p> + By enslaving our ministry, they weakly imagined that they had conquered + our nation; nor, perhaps, sir, would they quickly have discovered their + mistake, had they used their victory with greater moderation, + condescended to govern their new province with less rigour, and sent us + laws in any other form than that of the convention. +</p> +<p> + But the security which success excites, produced in them the same + effects as it has often done in others, and destroyed, in some degree, + the advantages of the conquest by which it was inspired. The last proof + of their contempt of our sovereign and our nation, was too flagrant to + be palliated, and too publick not to be resented. The cries of the + nation were redoubled, the solicitations of the merchants renewed, the + absurdity of our past conduct exposed, the meanness of our forbearance + reproached, and the necessity of more vigorous measures evidently + proved. +</p> +<p> + The friends of Spain discovered, sir, at length, that war was + necessarily to be proclaimed, and that it would be no longer their + interest to act in open opposition to justice and reason, to the policy + of all ages, and remonstrances of the whole nation. +</p> +<p> + The minister, therefore, after long delays, after having run round the + circle of all his artifices, and endeavouring to intimidate the nation + by false representations of the power of our enemies, and the danger of + an invasion from them, at length suffered war to be proclaimed, though + not till he had taken all precautions that might disappoint us of + success. +</p> +<p> + He knew that the state of the Spanish dominions exposed them in a + particular manner to sudden incursions by small parties, and that in + former wars against them, our chief advantage had been gained by the + boldness and subtilty of private adventurers, who by hovering over their + coasts in small vessels, without raising the alarms which the sight of a + royal navy necessarily produces, had discovered opportunities of landing + unexpectedly, and entering their towns by surprise, of plundering their + wealthy ships, or enriching themselves by ransoms and compositions; he + knew what inconsiderable bodies of men, incited by private advantage, + selected with care for particular expeditions, instructed by secret + intelligence, and concealed by the smallness of their numbers, had found + means to march up into the country, through ways which would never have + been attempted by regular forces, and have brought upon the Spaniards + more terrour and distress than could have been produced by a powerful + army, however carefully disciplined or however skilfuly commanded. +</p> +<p> + It was, therefore, sir, his first care to secure his darling Spaniards + from the pernicious designs of private adventurers; he knew not but some + of Elizabeth's heroes might unfortunately revive, and terrify, with an + unexpected invasion, the remotest corners of the Spanish colonies, or + appear before their ports with his nimble sloops, and bid defiance to + their navies and their garrisons. When, therefore, a bill was introduced + into this house, by which encouragement was given to the subjects of + this kingdom to fit out privateers, and by which those who should + conquer any of the colonies of the Spaniards, were confirmed in the + possession of them for ever, it cannot be forgotten with what zeal he + opposed, and with what steadiness he rejected it, though it is not + possible to assign any disadvantage which could have been produced by + passing it, and the utmost that could be urged against it was, that it + was unnecessary and useless. +</p> +<p> + Having thus discouraged that method of war which was most to be dreaded + by our enemies, and left them little to fear but from national forces + and publick preparations, his next care was to secure them from any + destructive blow, by giving them time to equip their fleets, collect + their forces, repair their fortifications, garrison their towns, and + regulate their trade; for this purpose he delayed, as long as it was + possible, the despatch of our navies, embarrassed our levies of sailors + by the violence of impresses; violence, which proper encouragement and + regulations might have made unnecessary; and suffered the privateers of + the enemy to plunder our merchants without control, under pretence that + ships of war could not be stationed, nor convoys provided for their + protection. +</p> +<p> + At length several fleets were fitted out, Vernon was sent to America, + and Haddock into the Mediterranean, with what coqsequences it is well + known; nor should I mention them at this time, had I not been awakened + to the remembrance of them by a proposal of thanks for the conduct of + the war. +</p> +<p> + The behaviour of the two admirals was very different; though it has not + yet appeared but that their orders were the same. Vernon with six ships + destroyed those fortifications, before which Hosier formerly perished, + in obedience to the commands of our ministry. How this success was + received by the minister and his adherents, how much they were offended + at the exultations of the populace, how evidently they appeared to + consider it as a breach of their scheme, and a deviation from their + directions, the whole nation can relate. +</p> +<p> + Nor is it to be forgotten, sir, how invidiously the minister himself + endeavoured to extenuate the honour of that action, by attempting to + procure in the address, which was on that occasion presented to his + majesty, a suppression of the number of the ships with which he + performed it. +</p> +<p> + In the mean time, sir, the nation expected accounts of the same kind + from the Mediterranean, where Haddock was stationed with a very + considerable force; but instead of relations of ports bombarded, and + towns plundered, of navies destroyed, and villages laid in ashes, we + were daily informed of the losses of our merchants, whose ships were + taken almost within sight of our squadrons. +</p> +<p> + We had, indeed, once the satisfaction of hearing that the fleet of Spain + was confined in the port of Cadiz, unprovided with provisions, and it + was rashly reported that means would either be found of destroying them + in the harbour, or that they would be shut up in that unfruitful part of + the country, till they should be obliged to disband their crews. +</p> +<p> + We, therefore, sir, bore with patience the daily havock of our trade, in + expectation of the entire destruction of the royal navy of Spain, which + would reduce them to despair of resistance, and compel them to implore + peace. But while we were flattering ourselves with those pleasing + dreams, we were wakened on a sudden with an astonishing account that the + Spaniards had left Cadiz, and, without any interruption from the + Britons, were taking in provisions at Ferrol. +</p> +<p> + This disappointment of our expectations did, indeed, discourage us, but + not deprive us of hope; we knew that the most politick are sometimes + deceived, and that the most vigilant may sometimes relax their + attention; we did not expect in our commanders any exemption from human + errours, and required only that they should endeavour to repair their + failures, and correct their mistakes; and, therefore, waited without + clamour, in expectation that what was omitted at Cadiz would be + performed at Ferrol. +</p> +<p> + But no sooner, sir, had the Spaniards stored their fleet, than we were + surprised with a revolution of affairs yet more wonderful. Haddock, + instead of remaining before Ferrol, was drawn off by some chimerical + alarm to protect Minorca, and the Spaniards in the mean time sailed away + to America, in conjunction with the French squadron that had been for + some time ready for the voyage. +</p> +<p> + If we consider the absurdity of this conduct, it cannot but be imagined + that our minister must send Haddock false intelligence and treacherous + directions, on purpose that the Spanish fleet might escape without + interruption. For how can it be conceived that the Spaniards could have + formed any real design of besieging port Mahon? Was it probable that + they would have sent an army, in defenceless transports, into the jaws + of the British fleet? and it was well known that they had no ships of + war to protect them. It was not very agreeable to common policy to land + an army upon an island, an island wholly destitute of provisions for + their support, while an hostile navy was in possession of the sea, by + which the fortress which their troops were destined to besiege might be + daily supplied with necessaries, and the garrison augmented with new + forces, while their army would be itself besieged in a barren island, + without provisions, without recruits, without hope of succour, or + possibility of success. +</p> +<p> + But such was the solicitude of our admiral for the preservation of + Minorca, that he abandoned his station, and suffered the Spaniards to + join their confederates of France, and prosecute their voyage to America + without hinderance or pursuit. +</p> +<p> + In America they remained for some time masters of the sea, and confined + Vernon to the ports; but want of provisions obliging the French to + return, no invasion of our colonies was attempted, nor any of those + destructive measures pursued which we had reason to fear, and of which + our minister, notwithstanding his wonderful sagacity, could not have + foretold that they would have been defeated by an unexpected scarcity of + victuals. +</p> +<p> + The Spaniards, however, gained, by this expedient, time to repair their + fortifications, strengthen their garrisons, and dispose their forces in + the most advantageous manner; and therefore, though they were not + enabled to attack our dominions, had at least an opportunity of securing + their own. +</p> +<p> + At length, sir, lest it should be indisputably evident that our minister + was in confederacy with the Spaniards, it was determined, that their + American territories should be invaded; but care was taken to disappoint + the success of the expedition by employing new-raised troops, and + officers without experience, and to make it burdensome to the nation by + a double number of officers, of which no use could be discovered, but + that of increasing the influence, and multiplying the dependants of the + ministry. +</p> +<p> + It was not thought sufficient, sir, to favour the designs of the + Spaniards by the delay which the levy of new troops necessarily + produced, and to encourage them by the probability of an easy resistance + against raw forces; nor was the nation, in the opinion of the minister, + punished for its rebellion against him with adequate severity, by being + condemned to support a double number of troops. Some other methods were + to be used for embarrassing our preparations and protracting the war. +</p> +<p> + The troops, therefore, sir, being, by the accident of a hard winter, + more speedily raised than it was reasonable to expect, were detained in + this island for several months, upon trivial pretences; and were at + length suffered to embark at a time when it was well known that they + would have much more formidable enemies than the Spaniards to encounter; + when the unhealthy season of the American climate must necessarily + destroy them by thousands; when the air itself was poison, and to be + wounded certainly death. +</p> +<p> + These were the hardships to which part of our fellow-subjects have been + exposed by the tyranny of the minister; hardships which caution could + not obviate, nor bravery surmount; they were sent to combat with nature, + to encounter with the blasts of disease, and to make war against the + elements. They were sent to feed the vultures of America, and to gratify + the Spaniards with an easy conquest. +</p> +<p> + In the passage the general died, and the command devolved upon a man who + had never seen an enemy, and was, therefore, only a speculative + warriour; an accident, which, as it was not unlikely to happen, would + have been provided against by any minister who wished for success. The + melancholy event of this expedition I need not mention, it was such as + might be reasonably expected; when our troops were sent out without + discipline, without commanders, into a country where even the dews are + fatal, against enemies informed of their approach, secured by + fortifications, inured to the climate, well provided, and skilfully + commanded. +</p> +<p> + In the mean time, sir, it is not to be forgotten what depredations were + made upon our trading vessels, with what insolence ships of very little + force approached our coasts, and seized our merchants in sight of our + fortifications; it is not to be forgotten that the conduct of some of + those who owed their revenues and power to the minister, gave yet + stronger proofs of a combination. +</p> +<p> + It is not to be forgotten with what effrontery the losses of our + merchants were ridiculed, with what contemptuous triumph of revenge they + were charged with the guilt of this fatal war, and how publickly they + were condemned to suffer for their folly. +</p> +<p> + For this reason, sir, they were either denied the security of convoys, + or forsaken in the most dangerous parts of the sea, by those to whose + protection they were, in appearance, committed. For this reason, they + were either hindered from engaging in their voyage by the loss of those + men who were detained unactive in the ships of war, or deprived of their + crews upon the high seas, or suffered to proceed only to become a prey + to the Spaniards. +</p> +<p> + But it was not, sir, a sufficient gratification of our implacable + minister, that the merchants were distressed for alarming the nation; it + was thought, likewise, necessary to punish the people for believing too + easily the reports of the merchants, and to warn them for ever against + daring to imagine themselves able to discern their own interest, or to + prescribe other measures to the ministers, than they should be + themselves inclined to pursue; our minister was resolved to show them, + by a master-stroke, that it was in his power to disappoint their + desires, by seeming to comply, and to destroy their commerce and their + happiness, by the very means by which they hoped to secure them. +</p> +<p> + For this purpose, sir, did this great man summon all his politicks + together, and call to council all his confidants and all his dependants; + and it was, at length, after mature deliberation, determined, by their + united wisdom, to put more ships into commission, to aggravate the + terrours of the impress by new violence and severity, to draw the + sailors by the promise of large rewards from the service of the + merchants, to collect a mighty fleet, and to despatch it on a <i>secret + expedition</i>. +</p> +<p> + A secret expedition, sir, is a new term of ministerial art, a term which + may have been, perhaps, formerly made use of by soldiers, for a design + to be executed without giving the enemy an opportunity of providing for + their defence; but is now used for a design with which the enemy is + better acquainted than those to whom the execution of it is committed. A + secret expedition is now an expedition of which every one knows the + design, but those at whose expense it is undertaken. It is a kind of + naval review, which excels those of the park in magnificence and + expense, but is equally useless, and equally ridiculous. +</p> +<p> + Upon these secret expeditions, however, were fixed for a long time the + expectations of the people; they saw all the appearances of preparation + for real war; they were informed, that the workmen in the docks were + retained by uncommon wages to do double duty; they saw the most specious + encouragement offered to the sailors; they saw naval stores accumulated + with the utmost industry, heard of nothing but the proof of new cannon, + and new contracts for provision; and how much reason soever they had to + question the sincerity of the great man who had so long engrossed the + management of all affairs, they did not imagine that he was yet so + abandoned to levy forces only to exhaust their money, and equip fleets + only to expose them to ridicule. +</p> +<p> + When, therefore, sir, after the usual delays, the papers had informed + the people that the great fleet was sailed, they no longer doubted that + the Spaniards were to be reduced to our own terms; they expected to be + told, in a few days, of the destruction of fleets, the demolition of + castles, and the plunder of cities; and everyone envied the fortune of + those who, by being admitted into their formidable fleet, were entitled + to the treasures of such wealthy enemies. +</p> +<p> + When they had for some time indulged these expectations, an account was + brought, that the fleet was returned without the least action, or the + least attempt, and that new provisions were to be taken in, that they + might set out upon another <i>secret expedition</i>. +</p> +<p> + But, sir, this wonder-working term had now lost its efficacy, and it was + discovered, that <i>secret expeditions</i>, like all other <i>secret services</i>, + were only expedients to drain the money of the people, and to conceal + the ignorance or villany of the minister. +</p> +<p> + Such has been the conduct for which we are desired to return thanks in + an humble and dutiful address, such are the transactions which we are to + recommend to the approbation of our constituents, and such the triumphs + upon which we must congratulate our sovereign. +</p> +<p> + For my part, sir, I cannot but think that silence is a censure too + gentle of that wickedness which no language can exaggerate, and for + which, as it has, perhaps, no example, human kind have not yet provided + a name. Murder, parricide, and treason, are modest appellations when + referred to that conduct by which a king is betrayed, and a nation + ruined, under pretence of promoting its interest, by a man trusted with + the administration of publick affairs. +</p> +<p> + Let us, therefore, sir, if it be thought not proper to lay before his + majesty the sentiments of his people in their full extent, at least not + endeavour to conceal them from him; let us, at least, address him in + such a manner as may give him some occasion to inquire into the late + transactions, which have for many years been such, that to inquire into + them is to condemn them. +</p> +<p> + Sir Robert WALPOLE rose again, and spoke to this effect:—Sir, though I + am far from being either confounded or intimidated by this atrocious + charge; though I am confident, that all the measures which have been so + clamorously censured, will admit of a very easy vindication, and that + whenever they are explained they will be approved; yet as an accusation + so complicated cannot be confuted without a long recapitulation of past + events, and a deduction of many particular circumstances, some of which + may require evidence, and some a very minute and prolix explication, I + cannot think this a proper day for engaging in the controversy, because + it is my interest that it may be accurately discussed. +</p> +<p> + At present, sir, I shall content myself with bare assertions, like those + of him by whom I am accused, and hope they will not be heard with less + attention, or received with less belief. For surely it was never denied + to any man to defend himself with the same weapons with which he is + attacked. +</p> +<p> + I shall, therefore, sir, make no scruple to assert, that the treasure of + the publick has been employed with the utmost frugality, to promote the + purposes for which it was granted; that our foreign affairs have been + transacted with the utmost fidelity, in pursuance of long consultations; + and shall venture to add, that our success has not been such as ought to + produce any suspicion of negligence or treachery. +</p> +<p> + That our design against Carthagena was defeated, cannot be denied; but + what war has been one continued series of success? In the late war with + France, of which the conduct has been so lavishly celebrated, did no + designs miscarry? If we conquered at Ramillies, were we not in our turn + beaten at Almanza? If we destroyed the French ships, was it not always + with some loss of our own? And since the sufferings of our merchants + have been mentioned with so much acrimony, do not the lists of the ships + taken in that war, prove that the depredations of privateers cannot be + entirely prevented? +</p> +<p> + The disappointment, sir, of the publick expectation by the return of the + fleets, has been charged upon the administration, as a crime too + enormous to be mentioned without horrour and detestation. That the + ministry have not the elements in their power, that they do not + prescribe the course of the wind, is a sufficient proof of their + negligence and weakness: with as much justice is it charged upon them, + that the expectations of the populace, which they did not raise, and to + which, perhaps, the conquest of a kingdom had not been equal, failed of + being gratified. +</p> +<p> + I am very far from hoping or desiring that the house should be satisfied + with a defence like this; I know, by observing the practice of the + opponents of the ministry, what fallacy may be concealed in general + assertions, and am so far from wishing to evade a more exact inquiry, + that if the gentleman who has thus publickly and confidently accused the + ministry, will name a day for examining the state of the nation, I will + second his motion. +</p> +<p> + [The address was at length agreed to, without a division.] +</p> +<p> + Mr. PULTENEY then moved, that the state of the nation should be + considered six weeks hence; sir Robert WALPOLE seconded the motion, and + it was unanimously agreed, that this house will, on the 21st of next + month, resolve itself into a committee of the whole house, to consider + of the state of the nation. But when that day came, sir Robert WALPOLE + having been able to defeat a motion which was to refer some papers to a + secret committee, the consideration of the state of the nation was put + off for a fortnight; but on the eve of that day, both houses adjourned + for fourteen days, during which, sir Robert WALPOLE resigned his + employments of first lord of the treasury, and chancellor and under + treasurer of his majesty's exchequer; and was created a peer, by the + title of lord WALPOLE, and earl of ORFORD. +</p> +<a name="2H_4_3"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF COMMONS, MARCH 9, 1741-2. +</h2> +<center> + ON A MOTION FOR INQUIRING INTO THE CONDUCT OF AFFAIRS <br>AT HOME AND + ABROAD, DURING THE LAST TWENTY YEARS. +</center> +<p> + Lord LIMERICK rose, and spoke in the following manner:—Sir, as I am + about to offer to the house a motion of the highest importance to the + honour and happiness of our country, to the preservation of our + privileges, and the continuance of our constitution, I make no doubt of + a candid attention from this assembly, and hope for such a determination + as shall be the result not of external influence, but of real + conviction. +</p> +<p> + I cannot but congratulate myself and all lovers of their country, that + we are arrived at a time, in which such hopes may be rationally + indulged, that we shall soon see the triumph of liberty, and the + renovation of senatorial freedom. It is not without the highest + satisfaction, that I find my life protracted to that happy day, in which + the yoke of dependence has been shaken off, and the shackles of + oppression have been broken; in which truth and justice have once more + raised up their heads, and obtained that regard which had so long been + paid to splendid wickedness and successful rapine. +</p> +<p> + The time is now past, in which it was meritorious to harden the heart + against pity, and the forehead against shame; to plunder the people by + needless taxes, and insult them by displaying their spoils before their + eyes, in luxurious riot, and boundless magnificence; when the certain + method of obtaining what the greatest part, even of good men, cannot but + sometimes wish to acquire, interest, affluence, and honour, was an + implicit resignation to authority, a desertion of all principles, + defiance of all censure, and an open declaration against any other + motives of action, than the sole pleasure of an arbitrary minister. +</p> +<p> + It is now, sir, no longer considered as an instance of disaffection to + the government, to represent the miseries and declare the opinions of + the people; to propose their interest as the great basis of government, + the general end of society, and the parent of law. It is now no longer + criminal to affirm, that they have a right to complain when they are, in + their own opinion, injured, and to be heard when they complain. It may + now be with safety asserted, that those who swell with the pride of + office, and glitter with the magnificence of a court, however they may + display their affluence, or boast their titles; with whatever contempt + they may have learned of late to look upon their fellow-subjects, who + have no possessions but what they have obtained by their industry, nor + any honours but what are voluntarily paid to their understanding and + their virtue; with whatever authority they may dictate to their + dependants, or whatever reverence they may exact from a long + subordination of hirelings, are, amidst all their pomp and influence, + only the servants of the people, intrusted by them with the + administration of their affairs, and accountable to them for the abuse + of trust. +</p> +<p> + That trusts of the highest importance have been long abused, that the + servants of the people, having long thought themselves out of the reach + of justice, and above examination, have very ill discharged the offices + in which they have been engaged, that the publick advantage has been + wholly disregarded, that treaties have been concluded without any regard + to the interest of Britain, and that our foreign and domestick affairs + have been managed with equal ignorance, negligence, or wickedness, the + present state of Europe, and the calamities of this country, will + sufficiently inform us. +</p> +<p> + If we survey the condition of foreign nations, we shall find, that the + power and dominions of the family of Bourbon, a family which has never + had any other designs than the extirpation of true religion, and the + universal slavery of mankind, have been daily increased. We shall find + that they have increased by the declension of the house of Austria, + which treaties and our interest engage us to support. +</p> +<p> + But had their acquisitions been made only by the force of arms, had they + grown stronger only by victories, and more wealthy only by plunder, our + ministers might, with some appearance of reason, have imputed their + success to accident, and informed us, that we gained, in the mean time, + a sufficient counterbalance to those advantages, by an uninterrupted + commerce, and by the felicity of peace; peace, which, in every nation, + has been found to produce affluence, and of which the wisest men have + thought that it could scarcely be too dearly purchased. +</p> +<p> + But peace has, in this nation, by the wonderful artifices of our + ministers, been the parent of poverty and misery; we have been so far + from finding our commerce extended by it, that we have enjoyed it only + by a contemptible patience of the most open depredations, by a long + connivance at piracy, and by a continued submission to insults, which no + other nation would have borne. +</p> +<p> + We have been so far from seeing any part of our taxes remitted, that we + have been loaded with more rigorous exactions to support the expenses of + peace, than were found necessary to defray the charges of a war against + those, whose opulence and power had incited them to aspire to the + dominion of the world. +</p> +<p> + How these taxes have been employed, and why our trade has been + neglected, why our allies have been betrayed, and why the ancient + enemies of our country have been suffered to grow powerful by our + connivances, it is now time to examine; and therefore I move, that a + committee be appointed to inquire into the conduct of affairs at home + and abroad during the last twenty years. +</p> +<p> + Sir John ST. AUBIN then spoke as follows:—Sir, I rise up to second this + motion; and, as the noble lord has opened it in so full and proper a + manner, and as I do not doubt but that other gentlemen are ready to + support it, more practised in speaking, of greater abilities and + authority than myself, I am the less anxious about the injury it may + receive from the part I bear in it. I think the proposition is so + evident, that it wants no enforcement; it comes to you from the voice of + the nation, which, thank God, has at last found admittance within these + walls. +</p> +<p> + Innocence is of so delicate a nature, that it cannot bear suspicion, and + therefore will desire inquiry; because it will always be justified by + it. Guilt, from its own consciousness, will use subterfuges, and fly to + concealment; and the more righteous and authoritative the inquiry, the + more it will be avoided; because the greater will be the dread of + punishment. +</p> +<p> + In private life, I am contented with men's virtues only, without seeking + for opportunities of blame. In a publick character, when national + grievances cry aloud for inquiry and justice, it is our duty to pursue + all the footsteps of guilt; and the loud, the pathetick appeal of my + constituents, is more forcibly persuasive than any motive of private + tenderness. This appeal is not the clamour of faction, artfully raised + to disturb the operation of government, violent for a while, and soon to + be appeased. It is the complaint of long and patient sufferings, a + complaint not to be silenced; and which all endeavours to suppress it, + would only make more importunate and clamorous. It is the solemn appeal + of the whole people, of the united body of our constituents, in this + time of national calamity, earnestly beseeching you, in a legal + parliamentary way, to redress their grievances, to revive your ancient + right of inquiry, to explore the most remote and hidden sources of + iniquity, to detect the bold authors of their distress, that they may be + made examples of national justice. +</p> +<p> + It is to you they appeal, the true, the genuine representatives of the + people. Not like former parliaments, an instrument of state, the + property of a minister, purchased by the missionaries of corruption, who + have been dispersed through the kingdom, and furnished with the publick + money to invade all natural interest, by poisoning the morals of the + people. Upon this rotten foundation has been erected a towering fabrick + of corruption: a most dangerous conspiracy has been carried on against + the very essence of our constitution, a formidable system of ministerial + power has been formed, fallaciously assuming, under constitutional + appearances, the name of legal government. +</p> +<p> + In this system we have seen the several offices of administration meanly + resolving themselves under the direction and control of one man: while + this scheme was pursued, the nation has been ingloriously patient of + foreign indignities; our trade has been most shamefully neglected, or + basely betrayed; a war with an impotent enemy, most amply provided for, + unsuccessfully carried on; the faith of treaties broke; our natural + allies deserted, and weakened even by that power, which we now dread for + want of their assistance. +</p> +<p> + It is not the bare removal from office that will satisfy the nation, + especially if such removal is dignified with the highest marks of royal + favour. This only gives mankind a reasonable fear that his majesty has + rather condescended to the importunities, than adopted the opinion of + his people. It is, indeed, a most gracious condescension, a very high + instance of his majesty's just intentions to remove any of his servants + upon national suspicion; but it will give his majesty a most + unfavourable opinion of his people, if he is not satisfied that this + suspicion was just. It is the unfortunate situation of arbitrary kings, + that they know the sentiments of their people only from whisperers in + their closet. Our monarchy has securer establishments. Our sovereign is + always sure of knowing the true sense of his people, because he may see + it through the proper, the constitutional medium: but then this medium + must be pure, it must transmit every object in its real form and its + natural colours. This is all that is now contended for. You are called + to the exercise of your just right of inquiry, that his majesty may see + what reason there is for this general inquietude. +</p> +<p> + This motion is of a general nature; whom it may more particularly + affect, I shall not determine. But there is a great person, lately at + the head of the administration, who stands foremost, the principal + object of national suspicion. He surely will not decline this inquiry, + it is his own proposition; he has frequently, in the name of the whole + administration, thrown down his gauntlet here; has desired your + inquiries, and has rested his fate on your justice. The nation accepts + the challenge, they join issue with him, they are now desirous to bring + this great cause in judgment before you. +</p> +<p> + It must be imputed to the long intermission of this right of inquiry, + that the people have now this cause of complaint; had the administration + of this great person been submitted to the constitutional controls, had + his conduct undergone strict and frequent inquiries, he had parts and + abilities to have done great honour and service to this country. But the + will, uncontrouled, for ever must and will produce security and + wantonness; nor can moderation and despotick power subsist long + together. +</p> +<p> + In vain do we admire the outlines of our constitution, in vain do we + boast of those wise and salutary restraints, which our ancestors, at the + expense of their blood and treasure, have wisely imposed upon monarchy + itself, if it is to be a constitution in theory only, if this evasive + doctrine is to be admitted, that a fellow-subject of our own, perhaps of + the lowest rank among us, may be delegated by the crown to exercise the + administration of government, with absolute, uncontroulable dominion + over us; which must be the case, if ministerial conduct is not liable to + parliamentary inquiries. +</p> +<p> + If I did not think this motion agreeable to the rules and proceedings of + the senate; if I thought it was meant to introduce any procedure which + was not strictly consonant to the laws and constitution of my country, I + do most solemnly protest I would be against, it. But as I apprehend it + to arise from the nature and spirit of our constitution, as it will + defend the innocent, and can be detrimental only to the guilty, I do + most heartily second the motion. +</p> +<p> + The hon. Henry PELHAM opposed the motion to the following effect:—Sir, + if it was not daily to be observed, how much the minds of the wisest and + most moderate men are elated with success, and how often those, who have + been able to surmount the strongest obstacles with unwearied diligence, + and to preserve their fortitude unshaken amidst hourly disappointments, + have been betrayed by slight advantages into indecent exultations, + unreasonable confidence, and chimerical hopes; had I not long remarked + the infatuation of prosperity, and the pride of triumph, I should not + have heard the motion which has been now made without, astonishment. +</p> +<p> + It has been long the business or the amusement of the gentlemen, who, + having for some time conferred upon themselves the venerable titles of + patriots, advocates for the people, and defenders of the constitution, + have at length persuaded part of the nation to dignify them with the + same appellation, to display in the most pathetick language, and + aggravate with the most hyperbolical exaggerations, the wantonness with + which the late ministry exercised their power, the exorbitance of their + demands, and the violence of their measures. They have indulged their + imaginations, which have always been sufficiently fruitful in satire and + invective, by representing them as men in whom all regard to decency or + reputation was extinguished, men who no longer submitted to wear the + mask of hypocrisy, or thought the esteem of mankind worth their care; + who had ceased to profess any regard to the welfare of their country, or + any desire of advancing the publick happiness; and who no longer desired + any other effects of their power, than the security of themselves and + the conquest of their opponents. +</p> +<p> + Such, sir, has been the character of the ministry, which, by the + incessant endeavours of these disinterested patriots, has been carried + to the remotest corners of the empire, and disseminated through all the + degrees of the people. Every man, whom they could enlist among their + pupils, whom they could persuade to see with their eyes, rather than his + own, and who was not so stubborn as to require proofs of their + assertions, and reasons of their conduct; every man who, having no + sentiments of his own, hoped to become important by echoing those of his + instructors, was taught to think and to say, that the court was filled + with open corruption; that the greatest and the wisest men of the + kingdom set themselves publickly to sale, and held an open traffick for + votes and places; that whoever engaged in the party of the minister, + declared himself ready to support his cause against truth, and reason, + and conviction, and was no longer under the restraint of shame or + virtue. +</p> +<p> + These assertions, hardy as they were, they endeavoured to support by + instances of measures, which they described as having no other tendency, + than to advance the court to absolute authority, to enslave the nation, + or to betray it: and more happily would they have propagated their + system, and much sooner would they have obtained a general declaration + of the people in their favour, had they been able to have produced a + motion like this. +</p> +<p> + Should the influence of these men increase, should they grow secure in + the possession of their power, by any new methods of deluding the + people, what wonderful expedients, what unheard-of methods of government + may not be expected from them? What degrees of violence may they not be + supposed to practise, who have flushed their new authority by a motion + which was never projected since the first existence of our government, + or offered by the most arbitrary minister in all the confidence of an + established majority. +</p> +<p> + It may, perhaps, be imagined by many of those who are unacquainted with + senatorial affairs, as many of the members of this house may without any + reproach be supposed to be, that I have made use of those arts against + the patriots which they have so long practised against the court; that I + have exaggerated the enormity of the motion by unjust comparisons, or + rhetorical flights; and that there will be neither danger nor + inconvenience in complying with it to any but those who have betrayed + their trust, or neglected their duty. +</p> +<p> + I doubt not, but many of those with whom this motion has been concerted, + have approved it without seeing all its consequences; and have been + betrayed into that approbation by a laudable zeal for their country, and + an honest indignation against corruption and treachery, by a virtuous + desire of detecting wickedness, and of securing our constitution from + any future dangers or attacks. +</p> +<p> + For the sake, therefore, of these gentlemen, whom I cannot but suppose + willing to follow the dictates of their own consciences, and to act upon + just motives, I shall endeavour to lay open the nature of this + extraordinary motion, and doubt not but that when they find it, as it + will unquestionably appear, unreasonable in itself, and dangerous to + posterity, they will change their opinion for the same reasons as they + embraced it, and prefer the happiness of their country to the prosperity + of their party. +</p> +<p> + Against an inquiry into the conduct of all foreign and domestick affairs + for <i>twenty</i> years past, it is no weak argument that it is without + precedent; that neither the zeal of patriotism, nor the rage of faction, + ever produced such a motion in any former age. It cannot be doubted by + those who have read our histories, that formerly our country has + produced men equally desirous of detecting wickedness, and securing + liberty, with those who are now congratulating their constituents on the + success of their labours; and that faction has swelled in former times + to a height, at which it may reasonably be hoped it will never arrive + again, is too evident to be controverted. +</p> +<p> + What then can we suppose was the reason, that neither indignation, nor + integrity, nor resentment, ever before directed a motion like this? Was + it not, because it neither will serve the purposes of honesty, nor + wickedness; that it would have defeated the designs of good, and + betrayed those of bad men; that it would have given patriotism an + appearance of faction, rather than have vested faction with the disguise + of patriotism. +</p> +<p> + It cannot be supposed, that the sagacity of these gentlemen, however + great, has enabled them to discover a method of proceeding which escaped + the penetration of our ancestors, so long celebrated for the strength of + their understanding, and the extent of their knowledge. For it is + evident, that without any uncommon effort of the intellectual faculties, + he that proposes an inquiry for a year past, might have made the same + proposal with regard to a longer time; and it is therefore probable, + that the limitation of the term is the effect of his knowledge, rather + than of his ignorance. +</p> +<p> + And, indeed, the absurdity of an universal inquiry for twenty years past + is such, that no man, whose station has given him opportunities of being + acquainted with publick business, could have proposed it, had he not + been misled by the vehemence of resentment, or biassed by the secret + operation of some motives different from publick good; for it is no less + than a proposal for an attempt impossible to be executed, and of which + the execution, if it could be effected would be detrimental to the + publick. +</p> +<p> + Were our nation, sir, like some of the inland kingdoms of the continent, + or the barbarous empire of Japan, without commerce, without alliances, + without taxes, and without competition with other nations; did we depend + only on the product of our own soil to support us, and the strength of + our own arms to defend us, without any intercourse with distant empire, + or any solicitude about foreign affairs, were the same measures + uniformly pursued, the government supported by the same revenues, and + administered with the same views, it might not be impracticable to + examine the conduct of affairs, both foreign and domestick, for twenty + years; because every year would afford only a transcript of the accounts + of the last. +</p> +<p> + But how different is the state of Britain, a nation whose traffick is + extended over the earth, whose revenues are every year different, or + differently applied, which is daily engaging in new treaties of + alliance, or forming new regulations of trade with almost every nation, + however distant, which has undertaken the arduous and intricate + employments of superintending the interests of all foreign empires, and + maintaining the equipoise of the French powers, which receives + ambassadors from all the neighbouring princes, and extends its regard to + the limits of the world. +</p> +<p> + In such a nation, every year produces negotiations of peace, or + preparations for war, new schemes and different measures, by which + expenses are sometimes increased, and sometimes retrenched. In such a + nation, every thing is in a state of perpetual vicissitude; because its + measures are seldom the effects of choice, but of necessity, arising + from the change of conduct in other powers. +</p> +<p> + Nor is the multiplicity and intricacy of our domestick affairs less + remarkable or particular. It is too well known that our debts are great, + and our taxes numerous; that our funds, appropriated to particular + purposes, are at some times deficient, and at others redundant; and that + therefore the money arising from the same imposts, is differently + applied in different years. To assert that this fluctuation produces + intricacy, may be imagined a censure of those to whose care our accounts + are committed; but surely it must be owned, that our accounts are made + necessarily less uniform and regular, and such as must require a longer + time for a complete examination. +</p> +<p> + Whoever shall set his foot in our offices, and observe the number of + papers with which the transactions of the last twenty years have filled + them, will not need any arguments against this motion. When he sees the + number of writings which such an inquiry will make necessary to be + perused, compared, and extracted, the accounts which must be examined + and opposed to others, the intelligence from foreign courts which must + be considered, and the estimates of domestick expenses which must be + discussed; he will own, that whoever is doomed to the task of this + inquiry, would be happy in exchanging his condition with that of the + miners of America; and that the most resolute industry, however excited + by ambition, or animated by patriotism, must sink under the weight of + endless labour. +</p> +<p> + If it be considered how many are employed in the publick offices, it + must be confessed, either that the national treasure is squandered in + salaries upon men who have no employment, or that twenty years may be + reasonably supposed to produce more papers than a committee can examine; + and, indeed, if the committee of inquiry be not more numerous than has + ever been appointed, it may be asserted, without exaggeration, that the + inquiry into our affairs for twenty years past, will not be accurately + performed in less than twenty years to come; in which time those whose + conduct is now supposed to have given the chief occasion to this motion, + may be expected to be removed for ever from the malice of calumny, and + the rage of persecution. +</p> +<p> + But if it should be imagined by those who, having never been engaged in + publick affairs, cannot properly judge of their intricacy and extent, + that such an inquiry is in reality so far from being impossible, that it + is only the work of a few months, and that the labour of it will be + amply recompensed by the discoveries which it will produce, let them but + so long suspend the gratification of their curiosity, as to consider the + nature of that demand by which they are about to satisfy it. A demand, + by which nothing less is required than that all the secrets of our + government should be made publick. +</p> +<p> + It is known in general to every man, whose employment or amusement it + has been to consider the state of the French kingdoms, that the last + twenty years have been a time not of war, but of negotiations; a period + crowned with projects, and machinations often more dangerous than + violence and invasions; and that these projects have been counteracted + by opposite schemes, that treaties have been defeated by treaties, and + one alliance overbalanced by another. +</p> +<p> + Such a train of transactions, in which almost every court of France has + been engaged, must have given occasion to many private conferences, and + secret negotiations; many designs must have been discovered by informers + who gave their intelligence at the hazard of their lives, and been + defeated, sometimes by secret stipulations, and sometimes by a judicious + distribution of money to those who presided in senates or councils. +</p> +<p> + Every man must immediately be convinced, that by the inquiry now + proposed, all these secrets will be brought to light; that one prince + will be informed of the treachery of his servants, and another see his + own cowardice or venality exposed to the world. It is plain, that the + channels of intelligence will be for ever stopped, and that no prince + will enter into private treaties with a monarch who is denied by the + constitution of his empire, the privilege of concealing his own + measures. It is evident, that our enemies may hereafter plot our ruin in + full security, and that our allies will no longer treat us with + confidence. +</p> +<p> + Since, therefore, the inquiry now demanded is impossible, the motion + ought to be rejected, as it can have no other tendency than to expose + the senate and the nation to ridicule; and since, if it could be + performed, it would produce consequences fatal to our government, as it + would expose our most secret measures to our enemies, and weaken the + confidence of our allies. I hope every man who regards either his own + reputation, or that of the senate, or professes any solicitude for the + publick good, will oppose the motion. +</p> +<p> + Lord QUARENDON spoke to this effect:—Sir, I am always inclined to + suspect a man who endeavours rather to terrify than persuade. + Exaggerations and hyperboles are seldom made use of by him who has any + real arguments to produce. The reasonableness of this motion (of which I + was convinced when I first heard it, and of which, I believe, no man can + doubt who is not afraid of the inquiry proposed by it) is now, in my + opinion, evinced by, the weak opposition which has been made by the + honourable gentleman, to whose abilities I cannot deny this attestation, + that the cause which he cannot defend, has very little to hope from any + other advocate. +</p> +<p> + And surely he cannot, even by those who, whenever he speaks, stand + prepared to applaud him, be thought to have produced any formidable + argument against the inquiry, who has advanced little more than that it + is impossible to be performed. +</p> +<p> + Impossibility is a formidable sound to ignorance and cowardice; but + experience has often discovered, that it is only a sound uttered by + those who have nothing else to say; and courage readily surmounts those + obstacles that sink the lazy and timorous into despair. +</p> +<p> + That there are, indeed, impossibilities in nature, cannot be denied. + There may be schemes formed which no wise man will attempt to execute, + because he will know that they cannot succeed; but, surely, the + examination of arithmetical deductions, or the consideration of treaties + and conferences, cannot be admitted into the number of impossible + designs; unless, as it may sometimes happen, the treaties and + calculations are unintelligible. +</p> +<p> + The only difficulty that can arise, must be produced by the confusion + and perplexity of our publick transactions, the inconsistency of our + treaties, and the fallaciousness of our estimates; but I hope no man + will urge these as arguments against the motion. An inquiry ought to be + promoted, that confusion may be reduced to order, and that the + distribution of the publick money may be regulated. If the examination + be difficult, it ought to be speedily performed, because those + difficulties are daily increasing; if it be impossible, it ought to be + attempted, that those methods of forming calculations may be changed, + which make them impossible to be examined. +</p> +<p> + Mr. FOWKES replied in the manner following:—Sir, to treat with contempt + those arguments which cannot readily be answered, is the common practice + of disputants; but as it is contrary to that candour and ingenuity which + is inseparable from zeal for justice and love of truth, it always raises + a suspicion of private views, and of designs, which, however they may be + concealed by specious appearances, and vehement professions of integrity + and sincerity, tend in reality to the promotion of some secret interest, + or the gratification of some darling passion. It is reasonable to + imagine, that he, who in the examination of publick questions, calls in + the assistance of artifice and sophistry, is actuated rather by the rage + of persecution, than the ardour of patriotism; that he is pursuing an + enemy, rather than detecting a criminal; and that he declaims against + the abuse of power in another, only that he may more easily obtain it + himself. +</p> +<p> + In senatorial debates, I have often known this method of easy + confutation practised, sometimes with more success, and sometimes with + less. I have often known ridicule of use, when reason has been baffled, + and seen those affect to despise their opponents, who have been able to + produce nothing against them but artful allusions to past debates, + satirical insinuations of dependence, or hardy assertions unsupported by + proofs. By these arts I have known the young and unexperienced kept in + suspense; I have seen the cautious and diffident taught to doubt of the + plainest truths; and the bold and sanguine persuaded to join in the cry, + and hunt down reason, after the example of their leaders. +</p> +<p> + But a bolder attempt to disarm argument of its force, and to perplex the + understanding, has not often been made, than this which I am now + endeavouring to oppose. A motion has been made and seconded for an + inquiry, to which it is objected, not that it is illegal, not that it is + inconvenient, not that it is unnecessary, but that it is <i>impossible</i>. + An objection more formidable cannot, in my opinion, easily be made; nor + can it be imagined that those men would think any other worthy of an + attentive examination, who can pass over this as below their regard; yet + even this has produced no answer, but contemptuous raillery, and violent + exclamation. +</p> +<p> + What arguments these gentlemen require, it is not easy to conjecture; or + how those who disapprove their measures, may with any hope of success + dispute against them. Those impetuous spirits that break so easily + through the bars of impossibility, will scarcely suffer their career to + be stopped by any other restraint; and it may be reasonably feared, that + arguments from justice, or law, or policy, will have little force upon + these daring minds, who in the transports of their newly acquired + victory, trample impossibility under their feet, and imagine that to + those who have vanquished the ministry, every thing is practicable. +</p> +<p> + That this inquiry would be the work of years; that it will employ + greater numbers than were ever deputed by this house on such an occasion + before; that it would deprive the nation of the counsels of the wisest + and most experienced members of this house, (for such only ought to be + chosen,) at a time when all Europe is in arms, when our allies are + threatened not only with subjection, but annihilation; when the French + are reviving their ancient schemes, and projecting the conquest of the + continent; and that it will, therefore, interrupt our attention to more + important affairs, and disable us from rescuing our confederates, is + incontestably evident; nor can the wisest or the most experienced + determine how far its consequences may extend, or inform us, whether it + may not expose our commerce to be destroyed by the Spaniards, and the + liberties of all the nations round us to be infringed by the French; + whether it may not terminate in the loss of our independence, and the + destruction of our religion. +</p> +<p> + Such are the effects which may be expected from an attempt to make the + inquiry proposed; effects, to which no proportionate advantages can be + expected from it, since it has been already shown, that it can never be + completed; and to which, though the indefatigable industry of curiosity + or malice should at length break through all obstacles, and lay all the + transactions of twenty years open to the world, no discoveries would be + equivalent. +</p> +<p> + That any real discoveries of misconduct would be made, that the interest + of our country would be found ever to have been lazily neglected, or + treacherously betrayed, that any of our rights have been either yielded + by cowardice, or sold by avarice, or that our enemies have gained any + advantage over us by the connivance or ignorance of our ministers, I am + indeed very far from believing; but as I am now endeavouring to convince + those of the impropriety of this motion, who have long declared + themselves of a different opinion, it may not be improper to ask, what + advantage they propose by detecting errours of twenty years, which are + now irretrievable; of inquiring into fraudulent practices, of which the + authors and the agents are now probably in their graves; and exposing + measures, of which all the inconveniencies have been already felt, and + which have now ceased to affect us. +</p> +<p> + If it be wise to neglect our present interest for the sake of inquiring + into past miscarriages, and the inquiry now proposed be in itself + possible, I have no objections to the present motion; but as I think the + confused state of Europe demands our utmost attention, and the + prosecution of the war against Spain is in itself of far more importance + than the examination of all past transactions, I cannot but think, that + the duty which I owe to my country requires that I should declare myself + unwilling to concur in any proposal, that may unnecessarily divert our + thoughts or distract our councils. +</p> +<p> + Lord PERCIVAL then rose and spoke to the following purpose:—Sir, to + discourage good designs by representations of the danger of attempting, + and the difficulty of executing them, has been, at all times, the + practice of those whose interest has been threatened by them. A pirate + never fails to intimidate his pursuers by exaggerating the number and + resolution of his crew, the strength of his vessels, and the security of + his retreats. A cheat discourages a prosecution by dwelling upon his + knowledge of all the arts and subterfuges of the law, the steadiness of + his witnesses, and the experience of his agents. +</p> +<p> + To raise false terrours by artful appearances is part of the art of war, + nor can the general be denied praise, who by an artful disposition of a + small body, discourages those enemies from attacking him by whom he + would certainly be overcome; but then, surely the appearance ought to be + such as may reasonably be expected to deceive; for a stratagem too gross + only produces contempt and confidence, and adds the vexation of being + ridiculous to the calamity of being defeated. +</p> +<p> + Whether this will be the fate of the advocates for the ministry, I am + not able to determine; but surely they have forgot the resolution with + which their enemies bore up for many years against their superiority, + and the conduct by which at last they defeated the united influence of + power and money; if they hope to discourage them from an attack, by + representing the bulk and strength of their paper fortifications. They + have lost all memory of the excise and the convention, who can believe + their eloquence sufficiently powerful to evince, that the inquiry now + proposed ought to be numbered among impossibilities. +</p> +<p> + Whoever, sir, is acquainted with their methods of negotiation, will, + indeed, easily believe the papers sufficiently numerous, and the task of + examining them such as no man would willingly undertake; for it does not + appear for what end the immense sums which late senates have granted, + were expended, except for the payment of secretaries, and ministers, and + couriers. But whatever care has been employed to perplex every + transaction with useless circumstances, and to crowd every office with + needless papers, it will be long before they convince us, that it is + impossible to examine them. They may, doubtless, be in time perused, + though, perhaps, they can never be understood. +</p> +<p> + The utmost inconvenience, sir, that can be feared, is the necessity of + engaging a greater number of hands than on former occasions; and it will + be no disagreeable method to the publick, if we employ some of the + clerks which have been retained only for the sake of gratifying the + leaders of boroughs, or advancing the distant relations of the defenders + of the ministry, in unravelling those proceedings which they have been + hitherto hired only to embarrass, and in detecting some of those abuses + to which the will of their masters has made them instrumental; that they + may at last deserve, in some degree, the salaries which they have + enjoyed, may requite the publick for their part of its spoils, by + contributing to the punishment of the principal plunderers, and leave + their offices, of which I hope the number will be quickly diminished, + with the satisfaction of having deserved at last the thanks of their + country. +</p> +<p> + By this expedient, sir, the inquiry will be made at least possible, and + I hope, though it should still remain difficult, those who have so long + struggled for the preservation of their country, and who have at last + seen their labours rewarded with success, will not be discouraged from + pursuing it. +</p> +<p> + The necessity of such an inquiry will grow every day more urgent; + because wicked men will be hardened in confidence of impunity, and the + difficulty, such as it is, will be increased by every delay; for what + now makes an inquiry difficult, or in the style of these mighty + politicians impossible, but the length of time that has elapsed since + the last exertion of this right of the senate, and the multitude of + transactions which are necessarily to be examined? +</p> +<p> + What is this year an irksome and tedious task, will in another year + require still more patience and labour; and though I cannot believe that + it will ever become impossible, it will undoubtedly in time be + sufficient to weary the most active industry, and to discourage the most + ardent zeal. +</p> +<p> + The chief argument, therefore, that has been hitherto employed to + discourage us from an inquiry, ought rather, in my opinion, to incite us + to it. We ought to remember, that while the enemies of our country are + fortifying themselves behind an endless multiplicity of negotiations and + accounts, every day adds new strength to their intrenchments, and that + we ought to force them while they are yet unable to resist or escape us. +</p> +<p> + Sir William YONGE then spoke to the following effect:—Sir, however I + may be convinced in my own opinion of the impracticability of the + inquiry now proposed, whatever confidence I may repose in the extensive + knowledge and long experience of those, by whom it has been openly + pronounced not only difficult but impossible, I think there are + arguments against the motion, which though, perhaps, not stronger in + themselves, (for what objection can be stronger than impossibility,) + ought at least more powerfully to incite us to oppose it. +</p> +<p> + Of the impossibility of executing this inquiry, those who have proposed + it well deserve to be convinced, not by arguments but experience; they + deserve not to be diverted by persuasions from engaging in a task, which + they have voluntarily determined to undergo; a task, which neither + honour, nor virtue, nor necessity has imposed upon them, and to which it + may justly be suspected, that they would not have submitted upon any + other motives, than those by which their conduct has hitherto been + generally directed, ambition and resentment. +</p> +<p> + Men who, upon such principles, condemn themselves to labours which they + cannot support, surely deserve to perish in the execution of their own + projects, to be overwhelmed by the burdens which they have laid upon + themselves, and to suffer the disgrace which always attends the + undertakers of impossibilities; and from which the powers of raillery + and ridicule, which they have so successfully displayed on this + occasion, will not be sufficient to defend them. +</p> +<p> + They have, indeed, sir, with great copiousness of language, and great + fertility of imagination, shown the weakness of supposing this inquiry + impossible; they have proposed a method of performing it, which they + hope will at once confute and irritate their opponents; but all their + raillery and all their arguments have in reality been thrown away upon + an attempt to confute what never was advanced. They have first mistaken + the assertion which they oppose, and then exposed its absurdity; they + have introduced a bugbear, and then attempted to signalize their courage + and their abilities, by showing that it cannot fright them. +</p> +<p> + The honourable gentleman, sir, who first mentioned to you the + impossibility of this inquiry, spoke only according to the common + acceptation of words, and was far from intending to imply natural and + philosophical impossibility. He was far from intending to insinuate, + that to examine any series of transactions, or peruse any number of + papers, implied an absurdity, or contrariety to the established order of + nature; he did not intend to rank this design with those of building in + the air, or pumping out the ocean; he intended only to assert a moral or + popular impossibility, to show that the scheme was not practicable but + by greater numbers than could be conveniently employed upon it, or in a + longer space of time than it was rational to assign to it; as we say it + is impossible to raise groves upon rocks, or build cities in deserts; by + which we mean only to imply, that there is no proportion between the + importance of the effect, and the force of the causes which must operate + to produce it; that the toil will be great, and the advantage little. +</p> +<p> + In this sense, sir, and nothing but malice or perverseness could have + discovered any other, the motion may be truly said to be impossible; but + its impossibility ought to be rather the care of those who make, than of + those that oppose it; and, therefore, I shall lay before the house other + reasons, which, unless they can be answered, will determine me to vote + against it. +</p> +<p> + It cannot be doubted, but the papers which must on this occasion be + examined, contain a great number of private transactions, which the + interest of the nation, and the honour of our sovereign require to be + concealed. The system of policy which the French have, within the last + century, introduced into the world, has made negotiation more necessary + than in any preceding time. What was formerly performed by fleets and + armies, by invasions, sieges, and battles, has been of late accomplished + by more silent methods. Empires have been enlarged without bloodshed, + and nations reduced to distress without the ravages of hostile armies, + by the diminution of their commerce, and the alienation of their allies. +</p> +<p> + For this reason, sir, it has been necessary frequently to engage in + private treaties, to obviate designs sometimes justly, and at other + times, perhaps, unreasonably suspected. It has been proper to act upon + remote suppositions, and to conclude alliances which were only to be + publickly owned, in consequence of measures taken by some other powers, + which measures were sometimes laid aside, and the treaty, therefore, was + without effect. In some of these provisionary contracts, it is easy to + conceive, that designs were formed not to the advantage of some powers, + whom yet we do not treat as enemies, which were only to be made publick + by the execution of them: in others, perhaps, some concessions were made + to us, in consideration of the assistance that we promised, by which the + weakness of our allies may be discovered, and which we cannot disclose + without making their enemies more insolent, and increasing that danger + from which they apply to us for security and protection. +</p> +<p> + If to this representation of the nature of the papers, with which our + offices have been filled by the negotiations of the last twenty years, + any thing were necessary to be added, it may be farther alleged, that it + has long been the practice of every nation on this side of the globe, to + procure private intelligence of the designs and expectations of the + neighbouring powers, to penetrate into the councils of princes and the + closets of ministers, to discover the instructions of ambassadours, and + the orders of generals, to learn the intention of fleets before they are + equipped, and of armies before they are levied, and to provide not only + against immediate and visible hostilities, but to obviate remote and + probable dangers. +</p> +<p> + It need not be declared in this assembly, that this cannot always be + done without employing men who abuse the confidence reposed in them, a + practice on which I shall not at this time trouble the house with my + opinion, nor interrupt the present debate, by any attempt to justify or + condemn it. This, I think, may be very reasonably alleged; that whether + the employment of such persons be defensible by the reciprocal practice + of nations, or not, it becomes at least those that corrupt them and pay + them for their treachery, not to expose them to vengeance, to torture, + or to ruin; not to betray those crimes which they have hired them to + commit, or give them up to punishment, to which they have made + themselves liable only by their instigation, and for their advantage. +</p> +<p> + That private compacts between nations and sovereigns ought to be kept + inviolably secret, cannot be doubted by any man who considers, that + secrecy is one of the conditions of those treaties, without which they + had not been concluded; and, therefore, that to discover them is to + violate them, to break down the securities of human society, to destroy + mutual trust, and introduce into the world universal confusion. For + nothing less can be produced by a disregard of those ties which link + nations in confederacies, and produce confidence and security, and which + enable the weak, by union, to resist the attacks of powerful ambition. +</p> +<p> + How much it would injure the honour of our sovereign to be charged with + the dissolution of concord, and the subversion of the general bulwarks + of publick faith, it is superfluous to explain. To know the condition to + which a compliance with this motion would reduce the British nation, we + need only turn our eyes downwards upon the hourly scenes of common life; + we need only attend to the occurrences which crowd perpetually upon our + view, and consider the calamitous state of that man, of whom it is + generally known that he cannot be trusted, and that secrets communicated + to him are in reality scattered among mankind. +</p> +<p> + Every one knows that such a man can expect none of the advantages or + pleasures of friendship, that he cannot transact affairs with others + upon terms of equality, that he must purchase the favours of those that + are more powerful than himself, and frighten those into compliance with + his designs who have any thing to fear from him; that he must give + uncommon security for the performance of his covenants, that he can have + no influence but that of money, which will probably become every day + less, that his success will multiply his enemies, and that in + misfortunes he will be without refuge. +</p> +<p> + The condition of nations collectively considered is not different from + that of private men, their prosperity is produced by the same conduct, + and their calamities drawn upon them by the same errours, negligences, + or crimes; and therefore, since he that betrays secrets in private life, + indisputably forfeits his claim to trust, and since he that can be no + longer trusted is on the brink of ruin, I cannot but conclude that, as + by this motion all the secrets of our government must be inevitably + betrayed, my duty to his majesty, my love of my country, and my + obligations to discharge with fidelity the trust which my constituents + have conferred upon me, oblige me to oppose it. +</p> +<p> + Mr. LITTLETON then rose, and spoke to this effect:—Sir, it always + portends well to those who dispute on the side of truth and reason, when + their opponents appear not wholly to be hardened against the force of + argument, when they seem desirous to gain the victory, not by + superiority of numbers but of reason, and attempt rather to convince, + than to terrify or bribe. For though men are not in quest of truth + themselves, nor desirous to point it out to others; yet, while they are + obliged to speak with an appearance of sincerity, they must necessarily + afford the unprejudiced and attentive an opportunity of discovering the + right. While they think themselves under a necessity of reasoning, they + cannot but show the force of a just argument, by the unsuccessfulness of + their endeavours to confute it, and the propriety of an useful and + salutary motion, by the slight objections which they raise against it. + They cannot but find themselves sometimes forced to discover what they + can never be expected to acknowledge, the weakness of their own reasons, + by deserting them when they are pressed with contrary assertions, and + seeking a subterfuge in new arguments equally inconclusive and + contemptible. They show the superiority of their opponents, like other + troops, by retreating before them, and forming one fortification behind + another, in hopes of wearying those whom they cannot hope to repulse. +</p> +<p> + Of this conduct we have had already an instance in the present debate; a + debate managed with such vigour, order, and resolution, as sufficiently + shows the advantage of regular discipline long continued, and proves, + that troops may retain their skill and spirit, even when they are + deprived of that leader, to whose instructions and example they were + indebted for them. When first this motion was offered, it seems to have + been their chief hope to divert us from it by outcries of impossibility, + by representing it as the demand of men unacquainted with the state of + our offices, or the multiplicity of transactions, in which the + indefatigable industry of our ministers has been employed; and they have + therefore endeavoured to persuade us, that they are only discouraging us + from an insuperable labour, and advising us to desist from measures + which we cannot live to accomplish. +</p> +<p> + But when they found, sir, that their exaggerations produced merriment + instead of terrour, that their opponents were determined to try their + strength against impossibility, that they were resolved to launch out + into this boundless ocean of inquiry; an ocean of which they have been + boldly told, that it has neither shore nor bottom, and that whoever + ventures into it must be tost about for life; when they discovered that + this was not able to shake our resolution, or move us to any other + disposition, they thought it proper to explain away their assertion of + impossibility, by making a kind of distinction between things + impossible, and things which cannot be performed; and finding it + necessary to enlarge their plea, they have now asserted, that this + inquiry is both impossible and inexpedient. +</p> +<p> + Its impossibility, sir, has been already sufficiently discussed, and + shown to mean only a difficulty which the unskilfulness of our ministers + has produced; for transactions can only produce difficulties to the + inquirer, when they are confused; and confusion can only be the effect + of ignorance or neglect. +</p> +<p> + Artifice is, indeed, one more source of perplexity: it is the interest + of that man whose cause is bad to speak unintelligibly in the defence of + it, and of him whose actions cannot bear to be examined, to hide them in + disorder, to engage his pursuers in a labyrinth, that they may not trace + his steps and discover his retreat; and what intricacies may be produced + by fraud cooperating with subtilty, it is not possible to tell. +</p> +<p> + I do not, however, believe, that all the art of wickedness can elude the + inquiries of a British senate, quickened by zeal for the publick + happiness. The sagacity of our predecessors has often detected crimes + concealed with more policy than can be ascribed to those whose conduct + is now to be examined, and dragged the authors of national calamities to + punishment from their darkest retreats. The expediency, therefore, of + this motion, is now to be considered, and surely it will not require + long reflection to prove that it is proper, when the nation is oppressed + with calamities, to inquire by what misconduct they were brought upon + it; when immense sums have been raised by the most oppressive methods of + exaction, to ask why they were demanded, and how they were expended; + when penal laws have been partially executed, to examine by what + authority they were suspended, and by what they were enforced; and when + the senate has for twenty years implicitly obeyed the direction of one + man, when it has been known throughout the nation, before any question + was proposed, how it would be decided, to search out the motive of that + regular compliance, and to examine whether the minister was reverenced + for his wisdom and virtue, or feared for his power, or courted for the + publick money; whether he owed his prevalence to the confidence or + corruption of his followers? +</p> +<p> + It cannot surely be thought inexpedient, to inquire into the reasons for + which our merchants were for many years suffered to be plundered, or for + which a war, solicited by the general voice of the whole nation, was + delayed; into the reasons for which our fleets were fitted out only to + coast upon the ocean, and connive at the departure of squadrons and the + transportation of armies, to suffer our allies to be invaded, and our + traders ruined and enslaved. +</p> +<p> + It is, in my opinion, convenient to examine with the utmost rigour, why + time was granted to our enemies to fortify themselves against us, while + a standing army preyed upon our people? Why forces unacquainted with the + use of arms were sent against them, under the command of leaders equally + ignorant? And why we have suffered their privateers in the mean time to + rove at large over the ocean, and insult us upon our own coasts? Why we + did not rescue our sailors from captivity, when opportunities of + exchange were in our power? And why we robbed our merchants of their + crews by rigorous impresses, without employing them either to guard our + trade, or subdue our enemies? +</p> +<p> + If the senate is not to be suffered to inquire into affairs like these, + it is no longer any security to the people, that they have the right of + electing representatives; and unless they may carry their inquiries back + as far as they shall think it necessary, the most acute sagacity may be + easily eluded; causes may be very remote from their consequences, the + original motives of a long train of wicked measures may lie hid in some + private transaction of former years, and those advantages which our + enemies have been of late suffered to obtain, were perhaps sold them at + some forgotten congress by some secret article. +</p> +<p> + Such are, probably, the private transactions which the honourable + gentleman is so much afraid of exposing to the light; transactions in + which the interest of this nation has been meanly yielded up by + cowardice, or sold by treachery; in which Britain has been considered as + a province subordinate to some other country, or in which the minister + has enriched himself by the sacrifice of the publick rights. +</p> +<p> + It has been, indeed, alleged with some degree of candour, that many of + our treaties were provisions against invasions which perhaps were never + intended, and calculated to defeat measures which only our own cowardice + disposed us to fear. That such treaties have, indeed, been made, Hanover + is a sufficient witness; but however frequently they may occur, they may + surely be discovered with very little disadvantage to the nation; they + will prove only the weakness of those that made them, who were at one + time intimidated by chimerical terrours, and at another, lulled into + confidence by airy security. +</p> +<p> + The concessions from foreign powers, which have been likewise mentioned, + ought surely not to be produced as arguments against the motion; for + what could more excite the curiosity of the nation, if, indeed, this + motion were in reality produced by malevolence or resentment; if none + were expected to concur in it but those who envied the abilities, or had + felt the power of the late minister, it might be, perhaps, defeated by + such insinuations; for nothing could more certainly regain his + reputation, or exalt him to more absolute authority, than proofs that he + had obtained for us any concessions from foreign powers. +</p> +<p> + If any advantageous terms have been granted us, he must be confessed to + have so far discharged his trust to his allies, that he has kept them + with the utmost caution from the knowledge of the people, who have + heard, during all his administration, of nothing but subsidies, + submission, and compliances paid to almost every prince on the continent + who has had the confidence to demand them; and if by this inquiry any + discovery to the disadvantage of our allies should be struck out, he may + with great sincerity allege, that it was made without his consent. +</p> +<p> + Another objection to this inquiry is, that the spies which are retained + in foreign courts may be detected by it, that the canals of our + intelligence will be for ever stopped, and that we shall henceforth have + no knowledge of the designs of foreign powers, but what may be honestly + attained by penetration and experience. Spies are, indeed, a generation + for whose security I have not much regard, but for whom I am on this + occasion less solicitous, as I believe very few of them will be affected + by this motion. +</p> +<p> + The conduct of our ministers has never discovered such an acquaintance + with the designs of neighbouring princes, as could be suspected to be + obtained by any uncommon methods, or they have very little improved the + opportunities which early information put into their power; for they + have always been baffled and deceived. Either they have employed no + spies, or their spies have been directed to elude them by false + intelligence, or true intelligence has been of no use; and if any of + these assertions be true, the publick will not suffer by the motion. +</p> +<p> + It was justly observed, by the honourable gentleman, that a parallel may + be properly drawn between a nation and a private man, and, by + consequence, between a trading nation and a trader. Let us, therefore, + consider what must be the state of that trader who shall never inspect + or state his accounts, who shall suffer his servants to traffick in the + dark with his stock, and on his credit, and who shall permit them to + transact bargains in his name, without inquiring whether they are + advantageous, or whether they are performed. +</p> +<p> + Every man immediately marks out a trader thus infatuated, as on the + brink of bankruptcy and ruin; every one will easily foresee, that his + servants will take advantage of his credulity, and proceed hourly to + grosser frauds; that they will grow rich by betraying his interest, that + they will neglect his affairs to promote their own, that they will + plunder him till he has nothing left, and seek then for employment among + those to whom they have recommended themselves by selling their trust. + His neighbours, who easily foresee his approaching misery, retire from + him by degrees, disunite their business from his, and leave him to fall, + without involving others in his ruin. +</p> +<p> + Such must be the fate of a trader whom idleness, or a blind confidence + in the integrity of others, hinders from attending to his own affairs, + unless he rouses from his slumber, and recovers from his infatuation. + And what is to be done by the man who, having for more than twenty years + neglected so necessary an employment, finds, what must necessarily be + found in much less time, his accounts perplexed, his credit depressed, + and his affairs disordered? What remains, but that he suffer that + disorder to proceed no farther, that he resolutely examine all the + transactions which he has hitherto overlooked, that he repair those + errours which are yet retrievable, and reduce his trade into method; + that he doom those servants, by whom he has been robbed or deceived, to + the punishment which they deserve, and recover from them that wealth + which they have accumulated by rapacity and fraud. +</p> +<p> + By this method only can the credit of the trader or the nation be + repaired, and this is the method which the motion recommends; a motion + with which, therefore, every man may be expected to comply, who desires + that his country should once more recover its influence and power, who + wishes to see Britain again courted and feared, and her monarch + considered as the arbiter of the world, the protector of the true + religion, and the defender of the liberties of mankind. +</p> +<p> + Mr. PHILLIPS spoke in substance as follows:—Sir, I am so far from + believing that there is danger of exposing the spies of the government + to the resentment of foreign princes, by complying with this motion, + that I suspect the opposition to be produced chiefly from a + consciousness, that no spies will be discovered to have been employed, + and that the secret service for which such large sums have been + required, will appear to have been rather for the service of domestick + than of foreign traitors, and to have been performed rather in this + house than in foreign courts. +</p> +<p> + Secret service has been long a term of great use to the ministers of + this nation; a term of art to which such uncommon efficacy has been + hitherto annexed, that the people have been influenced by it to pay + taxes, without expecting to be informed how they were applied, having + been content with being told, when they inquired after their properties, + that they were exhausted and dissipated in secret service. +</p> +<p> + Secret service I conceive to have originally implied transactions, of + which the agents were secret, though the effects were visible. When + MARLBOROUGH defeated the French, when he counteracted all their + stratagems, obviated all their designs, and deceived all their + expectations, he charged the nation with large sums for secret service, + which were, indeed, cheerfully allowed, because the importance and + reality of the service were apparent from its effects. But what + advantages can our ministers boast of having obtained in twenty years by + the means of their intelligence? Or by whom have they, within that + period, not been deceived by false appearances? When we purchase secret + service at so dear a rate, let it appear that we really obtain what we + pay for, though the means by which it is obtained are kept impenetrably + secret. Wherever the usefulness of the intelligence is not discoverable, + it is surely just to inquire, whether our money is not demanded for + other purposes, whether we are not in reality hiring with our own money + armies to enslave, or senators to betray us; or enriching an avaricious + minister, while we imagine ourselves contributing to the publick + security? +</p> +<p> + Colonel CHOLMONDELEY replied to the following effect:—Sir, it has been + in all foregoing ages the custom for men to speak of the government with + reverence, even when they opposed its measures, or projected its + dissolution; nor has it been thought, in any time before our own, decent + or senatorial, to give way to satire or invective, or indulge a petulant + imagination, to endeavour to level all orders by contemptuous + reflections, or to court the populace, by echoing their language, or + adopting their sentiments. +</p> +<p> + This method of gaining the reputation of patriotism, has been unknown + till the present age, and reserved for the present leaders of the + people, who will have the honour to stand recorded as the original + authors of anarchy, the great subverters of order, and the first men who + dared to pronounce, that all the secrets of government ought to be made + publick. +</p> +<p> + It has been hitherto understood in all nations, that those who were + intrusted with authority, had likewise a claim to respect and + confidence; that they were chosen for the superiority of their + abilities, or the reputation of their virtue; and that, therefore, it + was reasonable to consign to their management, the direction of such + affairs as by their own nature require secrecy. +</p> +<p> + But this ancient doctrine, by which subordination has been so long + preserved, is now to be set aside for new principles, which may flatter + the pride, and incite the passions of the people; we are now to be told, + that affairs are only kept secret, because they will not bear + examination; that men conceal not those transactions in which they have + succeeded, but those in which they have failed; that they are only + inclined to hide their follies or their crimes, and that to examine + their conduct in the most open manner, is only to secure the interest of + the publick. +</p> +<p> + Thus has the nation been taught to expect, that the counsels of the + cabinet should be dispersed in the publick papers; that their governours + should declare the motives of their measures, and discover the demands + of our allies, and the scheme of our policy; and that the people should + be consulted upon every emergence, and enjoy the right of instructing + not only their own representatives, but the ministers of the crown. +</p> +<p> + In this debate, the mention of secret treaties has been received with + contempt and ridicule; the ministers have been upbraided with chimerical + fears, and unnecessary provisions against attacks which never were + designed; they have been alleged to have no other interest in view than + their own, when they endeavour to mislead inquirers, and to have in + reality nothing to keep from publick view but their own ignorance or + wickedness. +</p> +<p> + It cannot surely be seriously asserted by men of knowledge and + experience, that there are no designs formed by wise governments, of + which the success depends upon secrecy; nor can it be asserted, that the + inquiry now proposed will betray nothing from which our enemies may + receive advantage. +</p> +<p> + If we should suppose, that all our schemes are either fully + accomplished, or irretrievably defeated, it will not even then be + prudent to discover them, since they will enable our enemies to form + conjectures of the future from the past, and to obviate, hereafter, the + same designs, when it shall be thought necessary to resume them. +</p> +<p> + But, in reality, nothing is more irrational than to suppose this a safer + time than any other for such general discoveries; for why should it be + imagined, that our engagements are not still depending, and our treaties + yet in force? And what can be more dishonourable or imprudent, than to + destroy at once the whole scheme of foreign policy, to dissolve our + alliances, and destroy the effects of such long and such expensive + negotiations, without first examining whether they will be beneficial or + detrimental to us? +</p> +<p> + Nor is it only with respect to foreign affairs that secrecy is + necessary; there are, undoubtedly, many domestick transactions which it + is not proper to communicate to the whole nation. There is still a + faction among us, which openly desires the subversion of our present + establishment; a faction, indeed, not powerful, and which grows, I hope, + every day weaker, but which is favoured, or at least imagines itself + favoured, by those who have so long distinguished themselves by opposing + the measures of the government. Against these men, whose hopes are + revived by every commotion, who studiously heighten every subject of + discontent, and add their outcries to every clamour, it is not doubted + but measures are formed, by which their designs are discovered, and + their measures broken; nor can it be supposed, that this is done without + the assistance of some who are received with confidence amongst them, + and who probably pass for the most zealous of their party. +</p> +<p> + Many other domestick occasions of expense might be mentioned; of expense + which operates in private, and produces benefits which are only not + acknowledged, because they are not known, but which could no longer be + applied to the same useful purposes, if the channels through which it + passes were laid open. I cannot, therefore, forbear to offer my opinion, + that this motion, by which all the secrets of our government will be + discovered, will tend to the confusion of the present system of Europe, + to the absolute ruin of our interest in foreign courts, and to the + embarrassment of our domestick affairs. I cannot, therefore, conceive + how any advantages can be expected by the most eager persecutors of the + late ministry, which can, even in their opinion, deserve to be purchased + at so dear a rate. +</p> +<p> + Mr. PITT then spoke to the following purpose:—Sir, I know not by what + fatality the adversaries of the motion are impelled to assist their + adversaries, and contribute to their own overthrow, by suggesting, + whenever they attempt to oppose it, new arguments against themselves. +</p> +<p> + It has been long observed, that when men are drawing near to + destruction, they are apparently deprived of their understanding, and + contribute by their own folly to those calamities with which they are + threatened, but which might, by a different conduct, be sometimes + delayed. This has surely now happened to the veteran advocates for an + absolute and unaccountable ministry, who have discovered on this + occasion, by the weakness of their resistance, that their abilities are + declining; and I cannot but hope, that the omen will be fulfilled, and + that their infatuation will be quickly followed by their ruin. +</p> +<p> + To touch in this debate on our domestick affairs, to mention the + distribution of the publick money, and to discover their fears, lest the + ways in which it has been disbursed, should by this inquiry be + discovered; to recall to the minds of their opponents the immense sums + which have been annually demanded, and of which no account has been yet + given, is surely the lowest degree of weakness and imprudence. +</p> +<p> + I am so far from being convinced that any danger can arise from this + inquiry, that I believe the nation can only be injured by a long neglect + of such examinations; and that a minister is easily formidable, when he + has exempted himself by a kind of prescription from exposing his + accounts, and has long had an opportunity of employing the publick money + in multiplying his dependants, enriching his hirelings, enslaving + boroughs, and corrupting senates. +</p> +<p> + That those have been, in reality, the purposes for which the taxes of + many years have been squandered, is sufficiently apparent without an + inquiry. We have wasted sums with which the French, in pursuance of + their new scheme of increasing their influence, would have been able to + purchase the submission of half the nations of the earth, and with which + the monarchs of Europe might have been held dependant on a nod; these + they have wasted only to sink our country into disgrace, to heighten the + spirit of impotent enemies, to destroy our commerce, and distress our + colonies. We have patiently suffered, during a peace of twenty years, + those taxes to be extorted from us, by which a war might have been + supported against the most powerful nation, and have seen them ingulfed + in the boundless expenses of the government, without being able to + discover any other effect from them than the establishment of + ministerial tyranny. +</p> +<p> + There has, indeed, been among the followers of the court a regular + subordination, and exact obedience; nor has any man been found hardy + enough to reject the dictates of the grand vizier. Every man who has + received his pay, has with great cheerfulness complied with his + commands; and every man who has held any post or office under the crown, + has evidently considered himself as enlisted by the minister. +</p> +<p> + But the visible influence of places, however destructive to the + constitution, is not the chief motive of an inquiry; an inquiry implies + something secret, and is intended to discover the private methods of + extending dependence, and propagating corruption; the methods by which + the people have been influenced to choose those men for representatives + whose principles they detest, and whose conduct they condemn; and by + which those whom their country has chosen for the guardians of its + liberties, have been induced to support, in this house, measures, which + in every other place they have made no scruple to censure. +</p> +<p> + When we shall examine the distribution of the publick treasure, when we + shall inquire by what conduct we have been debarred from the honours of + war, and at the same time deprived of the blessings of peace, to what + causes it is to be imputed, that our debts have continued during the + long-continued tranquillity of Europe, nearly in the state to which they + were raised by fighting, at our own expense, the general quarrel of + mankind; and why the sinking fund, a kind of inviolable deposit + appropriated to the payment of our creditors, and the mitigation of our + taxes, has been from year to year diverted to very different uses; we + shall find that our treasure has been exhausted, not to humble foreign + enemies, or obviate domestick insurrections; not to support our allies, + or suppress our factions; but for ends which no man, who feels the love + of his country yet unextinguished, can name without horrour, the + purchase of alliances, and the hire of votes, the corruption of the + people, and the exaltation of France. +</p> +<p> + Such are the discoveries which I am not afraid to declare that I expect + from the inquiry, and therefore, I cannot but think it necessary. If + those to whom the administration of affairs has been for twenty years + committed, have betrayed their trust, if they have invaded the publick + rights with the publick treasure, and made use of the dignities which + their country has conferred upon them, only to enslave it, who will not + confess, that they ought to be delivered up to speedy justice? That they + ought to be set as landmarks to posterity, to warn those who shall + hereafter launch out on the ocean of affluence and power, not to be too + confident of a prosperous gale, but to remember, that there are rocks on + which whoever rushes must inevitably perish? If they are innocent, and + far be it from me to declare them guilty without examination, whom will + this inquiry injure? Or what effects will it produce, but that which + every man appears to desire, the reestablishment of the publick + tranquillity, a firm confidence in the justice and wisdom of the + government, and a general reconciliation of the people to the ministers. +</p> +<p> + Colonel MORDAUNT spoke then, in substance as follows:—Sir, + notwithstanding the zeal with which the honourable gentleman has urged + the necessity of this inquiry, a zeal of which, I think, it may at least + be said, that it is too vehement and acrimonious to be the mere result + of publick spirit, unmixed with interest or resentment; he has yet been + so far unsuccessful in his reasoning, that he has not produced in me any + conviction, or weakened any of the impressions which the arguments of + those whom he opposes had made upon me. +</p> +<p> + He has contented himself with recapitulating some of the benefits which + may be hoped for from the inquiry; he has represented in the strongest + terms, the supposed misconduct of the ministry; he has aggravated all + the appearances of wickedness or negligence, and then has inferred the + usefulness of a general inquiry for the punishment of past offences, and + the prevention of the like practices in future times. +</p> +<p> + That he has discovered great qualifications for invective, and that his + declamation was well calculated to inflame those who have already + determined their opinion, and who are, therefore, only restrained from + such measures as are now recommended by natural caution and sedateness, + I do not deny; but, surely he does not expect to gain proselytes by + assertions without proof, or to produce any alteration of sentiments, + without attempting to answer the arguments which have been offered + against his opinion. +</p> +<p> + It has been urged with great appearance of reason, that an inquiry, such + as is now proposed, with whatever prospects of vengeance, of justice, or + of advantage, it may flatter us at a distance, will be in reality + detrimental to the publick; because it will discover all the secrets of + our government, lay all our negotiations open to the world, will show + what powers we most fear, or most trust, and furnish our enemies with + means of defeating all our schemes, and counteracting all our measures. +</p> +<p> + This appears to me, sir, the chief argument against the motion, an + argument of which the force cannot but be discovered by those whose + interest it is to confute it, and of which, therefore, by appearing to + neglect it, they seem to confess that it is unanswerable; and therefore, + since I cannot find the motion justified otherwise than by loud + declarations of its propriety, and violent invectives against the + ministry, I hope that I shall escape at least the censure of the calm + and impartial, though I venture to declare, that I cannot approve it; + and with regard to the clamorous and the turbulent, I have long learned + to despise their menaces, because I have hitherto found them only the + boasts of impotence. +</p> +<p> + Mr. CORNWALL made answer to the following purport:—Sir, if to obtain + the important approbation of the gentleman that spoke last, it be + necessary only to answer the argument on which he has insisted, and + nothing be necessary to produce an inquiry but his approbation, I shall + not despair that this debate may be concluded according to the wishes of + the nation, that secret wickedness may be detected, and that our + posterity may be secured from any invasion of their liberty, by examples + of the vengeance of an injured people. +</p> +<p> + [The house divided.—The yeas went forth.—For the question, 242; + against it, 244: so that it passed in the negative, by a majority of + two.] +</p> +<a name="2H_4_4"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF LORDS, MAY 20, 1742. +</h2> +<p> + Debate On A Motion For Indemnifying Evidence Relating To The Conduct Of + The Earl Of ORFORD. +</p> +<p> + The following debate having been produced by an occasion very uncommon + and important, it is necessary to give an account of such transactions + as may contribute to illustrate it. +</p> +<p> + The prime minister being driven out of the house of commons, by the + prevalence of those who, from their opposition to the measures of the + court, were termed the country party, it was proposed that a committee + should be appointed, "to inquire into the conduct of publick affairs, at + home and abroad, during the last twenty years;" but the motion was + rejected. +</p> +<p> + It was afterwards moved, "that a committee should be appointed to + inquire into the conduct of Robert, earl of ORFORD, during the last ten + years in which he was first commissioner of the treasury, and chancellor + and under treasurer of the exchequer," which was carried by 252 to 245. +</p> +<p> + A committee of one-and-twenty being chosen by ballot, and entering upon + the inquiry, called before them Mr. Gibbon, who declared himself agent + to J. Botteler, and said, that Botteler, being a candidate for Wendover, + and finding that no success was to be expected without five hundred + pounds, sent a friend to N. Paxton, with a letter, and that he saw him + return with a great number of papers, in which he said were bills for + five hundred pounds. +</p> +<p> + Botteler and his friend being examined, confirmed the testimony of + Gibbon; and Botteler added, that he sent to Paxton as an officer of the + treasury, acquainted with those who had the disposal of money; that his + claim to the favour which he asked arose from a disappointment in a + former election; that he never gave for the money any security or + acknowledgment, nor considered himself indebted for it to Paxton or any + other person. +</p> +<p> + Paxton being then examined, refused to return any answer to the question + of the committee, because the answer might tend to accuse himself. Which + reason was alleged by others for a like refusal. +</p> +<p> + The committee finding their inquiries eluded, by this plea for secrecy, + which the laws of Britain allow to be valid, reported to the commons the + obstacles that they met with; for the removal of which a bill was + brought in like that of indemnity; which, having passed the commons, + produced, in the house of lords, a debate, in which the greatest men of + each party exerted the utmost force of their reason and eloquence. +</p> +<p> + The bill being read a second time, and a motion made for its being + referred to a committee. +</p> +<p> + Lord CARTERET spoke to this effect:—My lords, as the question now + before us is of the highest importance both to the present age and to + posterity, as it may direct the proceedings of the courts of justice, + prescribe the course of publick inquiries, and, by consequence, affect + the property or life of every lord in this assembly; I hope it will be + debated amongst us without the acrimony which arises from the prejudice + of party, or the violence which is produced by the desire of victory, + and that the controversy will be animated by no other passion than zeal + for justice, and love of truth. +</p> +<p> + For my part, my lords, I have reason to believe, that many professions + of my sincerity will not be necessary on this occasion, because I shall + not be easily suspected of any partiality in favour of the noble lord to + whom this bill immediately relates. It is well known to your lordships + how freely I have censured his conduct, and how invariably I have + opposed those measures by which the nation has been so far exasperated, + that the bill, now under our consideration, has been thought necessary + by the commons, to pacify the general discontent, to restore the publick + tranquillity, and to recover that confidence in the government, without + which no happiness is to be expected, without which the best measures + will always be obstructed by the people, and the justest remonstrances + disregarded by the court. +</p> +<p> + But however laudable may be the end proposed by the commons, I cannot, + my lords, be so far dazzled by the prospect of obtaining it, as not to + examine the means to which we are invited to concur, and inquire with + that attention which the honour of sitting in this house has made my + duty, whether they are such as have been practised by our ancestors, + such as are prescribed by the law, or warranted by prudence. +</p> +<p> + The caution, my lords, with which our ancestors have always proceeded in + inquiries by which life or death, property or reputation, was + endangered; the certainty, or at least the high degree of probability, + which they required in evidence, to make it a sufficient ground of + conviction, is universally known; nor is it necessary to show their + opinion by particular examples, because, being no less solicitous for + the welfare of their posterity than for their own, they were careful to + record their sentiments in laws and statutes, and to prescribe, with the + strongest sanctions, to succeeding governments, what they had discovered + by their own reflections, or been taught by their predecessors. +</p> +<p> + They considered, my lords, not only how great was the hardship of being + unjustly condemned, but likewise how much a man might suffer by being + falsely accused; how much he might be harassed by a prosecution, and how + sensibly he might feel the disgrace of a trial. They knew that to be + charged with guilt implied some degree of reproach, and that it gave + room, at least, for an inference that the known conduct of the person + accused was such as made it probable that he was still more wicked than + he appeared; they knew that the credulity of some might admit the charge + upon evidence that was rejected by the court, and that difference of + party, or private quarrels, might provoke others to propagate reports + once published, even when in their own opinion they were sufficiently + confuted; and that, therefore, an innocent man might languish in infamy + by a groundless charge, though he should escape any legal penalty. +</p> +<p> + It has, therefore, my lords, been immemorially established in this + nation, that no man can be apprehended, or called into question for any + crime till there shall be proof. +</p> +<p> + First, that there is a <i>corpus delicti</i>, a crime really and visibly + committed; thus before a process can be issued out for inquiring after a + murderer, it must be apparent that a murder has been perpetrated, the + dead body must be exposed to a jury, and it must appear to them that he + died by violence. It is not sufficient that a man is lost, and that it + is probable that he is murdered, because no other reason of his absence + can be assigned; he must be found with the marks of force upon him, or + some circumstances that may make it credible, that he did not perish by + accident, or his own hand. +</p> +<p> + It is required, secondly, my lords, that he who apprehends any person as + guilty of the fact thus apparently committed, must suspect him to be the + criminal; for he is not to take an opportunity, afforded him by the + commission of an illegal act, to gratify any secret malice, or wanton + curiosity; or to drag to a solemn examination, those against whom he + cannot support an accusation. +</p> +<p> + And, my lords, that suspicion may not ravage the reputation of Britons + without control; that men may not give way to the mere suggestions of + malevolence, and load the characters of those with atrocious wickedness, + whom, perhaps, they have no real reason to believe more depraved than + the bulk of mankind, and whose failings may have been exaggerated in + their eyes by contrariety of opinion, or accidental competition, it is + required in the third place, my lords, that whoever apprehends or + molests another on suspicion of a crime, shall be able to give the + reasons of his suspicion, and to prove them by competent evidence. +</p> +<p> + These, my lords, are three essentials which the wisdom of our ancestors + has made indispensable previous to the arrest or imprisonment of the + meanest Briton; it must appear, that there is a crime committed, that + the person to be seized is suspected of having committed it, and that + the suspicion is founded upon probability. Requisites so reasonable in + their own nature, so necessary to the protection of every man's quiet + and reputation, and, by consequence, so useful to the security and + happiness of society, that, I suppose, they will need no support or + vindication. Every man is interested in the continuance of this method + of proceeding, because no man is secure from suffering by the + interruption or abolition of it. +</p> +<p> + Such, my lords, is the care and caution which the law directs in the + first part of any criminal process, the detainment of the person + supposed guilty; nor is the method of trial prescribed with less regard + to the security of innocence. +</p> +<p> + It is an established maxim, that no man can be obliged to accuse + himself, or to answer any questions which may have any tendency to + discover what the nature of his defence requires to be concealed. His + guilt must appear either by a voluntary and unconstrained confession, + which the terrours of conscience have sometimes extorted, and the + notoriety of the crime has at other times produced, or by the deposition + of such witnesses as the jury shall think worthy of belief. +</p> +<p> + To the credibility of any witness it is always requisite that he be + disinterested, that his own cause be not involved in that of the person + who stands at the bar, that he has no prospect of advancing his fortune, + clearing his reputation, or securing his life. For it is made too plain + by daily examples, that interest will prevail over the virtue of most + men, and that it is not safe to believe those who are strongly tempted + to deceive. +</p> +<p> + There are cases, my lords, where the interest of the person offering his + evidence is so apparent, that he is not even admitted to be heard; and + any benefit which may possibly be proposed, is admitted as an objection + to evidence, and weakens it in a measure proportionate to the distance + of the prospect and the degree of profit. +</p> +<p> + Such are the rules hitherto followed in criminal proceedings, the + violation of which has been always censured as cruelty and oppression, + and perhaps always been repented even by those who proposed and defended + it, when the commotions of party have subsided, and the heat of + opposition and resentment has given way to unprejudiced reflection. +</p> +<p> + Of these rules, my lords, it is not necessary to produce any defence + from the practice of distant nations, because it is sufficient in the + present case, that they are established by the constitution of this + country, to which every Briton has a right to appeal; for how can any + man defend his conduct, if having acted under one law, he is to be tried + by another? +</p> +<p> + Let us, therefore, my lords, apply these rules to the present bill, and + inquire what regard appears to have been paid to them by the commons, + and how well we shall observe them by concurring in their design. +</p> +<p> + With respect to the first, by which it is required, that there be a + known and manifest crime, it does not appear to have engaged the least + attention in the other house; for no fact is specified in the bill, upon + which a prosecution can be founded, and, therefore, to inquire after + evidence is somewhat preposterous; it is nothing less than to invite men + to give their opinion without a subject, and to answer without a + question. +</p> +<p> + It may be urged, indeed, that there is a universal discontent over the + whole nation; that the clamour against the person mentioned in the bill, + has been continued for many years; that the influence of the nation is + impaired in foreign countries; that our treasury is exhausted; that our + liberties have been attacked, our properties invaded, and our morals + corrupted; but these are yet only rumours, without proof, and without + legal certainty; which may, indeed, with great propriety give occasion + to an inquiry, and, perhaps, by that inquiry some facts may be + ascertained which may afford sufficient reasons for farther procedure. +</p> +<p> + But such, my lords, is the form of the bill now before us, that if it + should pass into a statute, it would, in my opinion, put a stop to all + future inquiry, by making those incapable of giving evidence, who have + had most opportunities of knowing those transactions, which have given + the chief occasion of suspicion, and from whom, therefore, the most + important information must naturally be expected. +</p> +<p> + The first requisite qualification of a witness, whether we consult + natural equity and reason, or the common law of our own country, is + disinterestedness; an indifference, with regard to all outward + circumstances, about the event of the trial at which his testimony is + required. For he that is called as a witness where he is interested, is + in reality giving evidence in his own cause. +</p> +<p> + But this qualification, my lords, the bill now before us manifestly + takes away; for every man who shall appear against the person into whose + conduct the commons are inquiring, evidently promotes, in the highest + degree, his own interest by his evidence, as he may preclude all + examination of his own behaviour, and secure the possession of that + wealth which he has accumulated by fraud and oppression, or, perhaps, + preserve that life which the justice of the nation might take away. +</p> +<p> + Nothing, my lords, is more obvious, than that this offer of indemnity + may produce perjury and false accusation; nothing is more probable, than + that he who is conscious of any atrocious villanies, which he cannot + certainly secure from discovery, will snatch this opportunity of + committing one crime more, to set himself free from the dread of + punishment, and blot out his own guilt for ever, by charging lord ORFORD + as one of his accomplices. +</p> +<p> + It may be urged, my lords, that he who shall give false evidence, + forfeits the indemnity to which the honest witness is entitled; but let + us consider why this should be now, rather than in any former time, + accounted a sufficient security against falsehood and perjury. It is at + all times criminal, and at all times punishable, to commit perjury; and + yet it has been hitherto thought necessary, not only to deter it by + subsequent penalties, but to take away all previous temptations; no + man's oath will be admitted in his own cause, though offered at the + hazard of the punishment inflicted upon perjury. To offer indemnity to + invite evidence, and to deter them from false accusations by the + forfeiture of it, even though we should allow to the penal clause all + the efficacy which can be expected by those who proposed it, is only to + set one part of the bill at variance with the other, to erect and + demolish at the same time. +</p> +<p> + But it may be proved, my lords, that the reward will have more influence + than the penalty; and that every man who can reason upon the condition + in which he is placed by this bill, will be more incited to accuse lord + ORFORD, however unjustly, by the prospect of security, than intimidated + by the forfeiture incurred by perjury. +</p> +<p> + For, let us suppose, my lords, a man whose conduct exposes him to + punishment, and who knows that he shall not long be able to conceal it; + what can be more apparently his interest, than to contrive such an + accusation as may complicate his own wickedness with some transactions + of the person to whom this bill relates? He may, indeed, be possibly + confuted, and lose the benefit offered by the state; but the loss of it + will not place him in a condition more dangerous than that which he was + in before; he has already deserved all the severity to which perjury + will expose him, and by forging a bold and well-connected calumny, he + has at least a chance of escaping. +</p> +<p> + Let us suppose, my lords, that the bill now under our consideration, + assigned a pecuniary reward to any man who should appear against this + person, with a clause by which he that should accuse him falsely should + be dismissed without his pay; would not this appear a method of + prosecution contrary to law, and reason, and justice? Would not every + man immediately discover, that the witnesses were bribed, and therefore + they would deserve no credit? And what is the difference between the + advantage now offered and any other consideration, except that scarcely + any other reward can be offered so great, and consequently so likely to + influence? +</p> +<p> + It is to be remembered, that the patrons of this bill evidently call for + testimony from the abandoned and the profligate, from men whom they + suppose necessarily to confess their own crimes in their depositions; + and surely wretches like these ought not to be solicited to perjury by + the offer of a reward. +</p> +<p> + How cruel must all impartial spectators of the publick transactions + account a prosecution like this? What would be your lordships' judgment, + should you read, that in any distant age, or remote country, a man was + condemned upon the evidence of persons publickly hired to accuse him, + and who, by their own confession, were traitors to their country? +</p> +<p> + That wickedness, my lords, should be extirpated by severity, and justice + rigorously exercised upon publick offenders, is the uncontroverted + interest of every country; and therefore it is not to be doubted, that + in all ages the reflections of the wisest men have been employed upon + the most proper methods of detecting offences; and since the scheme now + proposed has never been practised, or never but by the most oppressive + tyrants, in the most flagitious times, it is evident, that it has been + thought inconsistent with equity, and of a tendency contrary to publick + happiness. +</p> +<p> + I am very far, my lords, from desiring that any breach of national trust + should escape detection, or that a publick office should afford security + to bribery, extortion, or corruption. I am far from intending to + patronise the conduct of the person mentioned in the present bill. Let + the commons proceed with the utmost severity, but let them not deviate + from justice. If he has forfeited his fortune, his honours, or his life, + let them by a legal process be taken from him; but let it always be + considered, that he, like every other man, is to be allowed the common + methods of self-defence; that he is to stand or fall by the laws of his + country, and to retain the privileges of a Briton, till it shall appear + that he has forfeited them by his crimes. +</p> +<p> + To censure guilt, my lords, is undoubtedly necessary, and to inquire + into the conduct of men in power, incontestably just; but by the laws + both of heaven and earth, the means as well as the end are prescribed, + <i>rectum recte, legitimum legitime faciendum</i>; we must not only propose a + good end in our conduct, but must attain it by that method which equity + directs, and the law prescribes. +</p> +<p> + How well, my lords, the law has been observed hitherto, on this + occasion, I cannot but propose that your lordships should consider. It + is well known, that the commons cannot claim a right to administer an + oath, and therefore can only examine witnesses by simple + interrogatories. That they cannot confer upon a committee the power + which they have not themselves, is indubitably certain; and therefore it + is evident, that they have exceeded their privileges, and proceeded in + their inquiry by methods which the laws of this nation will not support. +</p> +<p> + That they cannot, my lords, in their own right administer an oath, they + apparently confess, by the practice of calling in, on that occasion, a + justice of the peace, who, as soon as he has performed his office, is + expected to retire. This, my lords, is an evident elusion; for it is + always intended, that he who gives an oath, gives it in consequence of + his right to take the examination; but in this case the witness takes an + oath, <i>coram non judice</i>, before a magistrate that has no power to + interrogate him, and is interrogated by those who have no right to + require his oath. +</p> +<p> + Such, my lords, is my opinion of the conduct of the committee of the + house of commons, of whom I cannot but conclude that they have assumed a + right which the constitution of our government confers only on your + lordships, as a house of senate, a court of judicature; and therefore + cannot think it prudent to confirm their proceedings by an approbation + of this bill. +</p> +<p> + The commons may indeed imagine that the present state of affairs makes + it necessary to proceed by extraordinary methods; they may believe that + the nation will not be satisfied without a discovery of those frauds + which have been so long practised, and the punishment of those men by + whom they have so long thought themselves betrayed and oppressed; but + let us consider, that clamour is not evidence, and that we ought not + either to recede from justice, or from our own rights, to satisfy the + expectations of the people. +</p> +<p> + To remonstrate against this invasion of our privileges, my lords, might + be at this juncture improper; the dispute might, in this time of + commotion and vicissitude, distract the attention of those to whom the + publick affairs are committed, retard the business of the nation, and + give our enemies those advantages which they can never hope from their + own courage, or policy, or strength. It may, therefore, be prudent on + this occasion, only not to admit the right which they have assumed, to + satisfy ourselves with retaining our privileges, without requiring any + farther confirmation of them, and only defeat the invasion of them by + rejecting the bill, which is, indeed, of such a kind, as cannot be + confirmed without hazarding not only our own rights, but those of every + Briton. +</p> +<p> + For here is a species of testimony invited, which is hitherto unknown to + our law, and from which it may be difficult to tell who can be secure; + the witnesses are required to disclose all matters relating to the + conduct of <i>lord ORFORD, according to the best of their knowledge, + remembrance, or belief!</i> A form of deposition, my lords, of great + latitude; a man's belief may be influenced by the report of others who + may deceive him, by his observation of circumstances, either remote in + themselves, or imperfectly discovered, or by his own reasonings, which + must be just or fallacious according to his abilities; but which must + yet have the same effect upon his belief, which they will influence, not + in proportion to their real strength, but to the confidence placed in + them by himself. +</p> +<p> + There is only one case, my lords, in which, by the common course of + proceedings, any regard is had to mere belief; and this evidence is only + accepted on that occasion, because no other can possibly be obtained. + When any claim is to be determined by written evidences, of which, in + order to prove their validity, it is necessary to inquire by whom they + were drawn or signed; those who are acquainted with the writing of a + dead person, are admitted to deliver, upon oath, their <i>belief</i> that the + writing ascribed to him, was or was not his; but such secondary + witnesses are never called, when the person can be produced whose hand + is to be proved. +</p> +<p> + There is yet another reason for which it is improper to admit such + evidence as this bill has a tendency to promote. It is well known, that + in all the courts of common law, the person accused is in some degree + secured from the danger of being overborne by false accusations, by the + penalty which may be inflicted upon witnesses discovered to be perjured; + but in the method of examination now proposed, a method unknown to the + constitution, no such security can be obtained, for there is no + provision made by the laws for the punishment of a man who shall give + false evidence before a committee of the house of commons. +</p> +<p> + It may likewise be observed, that this bill wants one of the most + essential properties of a law, perspicuity and determinate meaning; here + is an indemnity promised to those who shall discover <i>all</i> that they + <i>know, remember, or believe</i>. A very extensive demand, and which may, + therefore, be liable to more fallacies and evasions than can be + immediately enumerated or detected. For how can any one prove that he + has a claim to the indemnity? He may, indeed, make some discoveries, but + whether he does not conceal something, who can determine? May not such + reserves be suspected, when his answers shall not satisfy the + expectations of his interrogators? And may not that suspicion deprive + him of the benefit of the act? May not a man, from want of memory, or + presence of mind, omit something at his examination which he may appear + afterwards to have known? And since no human being has the power of + distinguishing exactly between faults and frailties, may not the defect + of his memory be charged on him as a criminal suppression of a known + fact? And may not he be left to suffer the consequences of his own + confession? Will not the bill give an apparent opportunity for + partiality? And will not life and death, liberty and imprisonment, be + placed in the hands of a committee of the commons? May they not be + easily satisfied with informations of one man, and incessantly press + another to farther discoveries? May they not call some men, notoriously + criminal, to examination, only to secure them from punishment, and set + them out of the reach of justice; and extort from others such answers as + may best promote their views, by declaring themselves unsatisfied with + the extent of their testimony? And will not this be an extortion of + evidence equivalent to the methods practised in the most despotick + governments, and the most barbarous nations? +</p> +<p> + It has always been the praise of this house to pay an equal regard to + justice and to mercy, and to follow, without partiality, the direction + of reason, and the light of truth; and how consistently with this + character, which it ought to be our highest ambition to maintain, we can + ratify the present bill, your lordships are this day to consider. It is + to be inquired, whether to suppose a man guilty, only because some guilt + is suspected, be agreeable to justice; and whether it be rational before + there is any proof of a crime, to point out the criminal. +</p> +<p> + We are to consider, my lords, whether it is not unjust to hear, against + any man, an evidence who is hired to accuse him, and hired with a reward + which he cannot receive without confessing himself a man unworthy of + belief. It is to be inquired, whether the evidence of a man who declares + only what he <i>believes</i>, ought to be admitted, when the nature of the + crimes allows stronger proof; and whether any man ought to be examined + where he cannot be punished if he be found perjured. +</p> +<p> + A natural and just regard to our own rights, on the preservation of + which the continuance of the constitution must depend, ought to, alarm + us at the appearance of any attempt to invade them; and the necessity of + known forms of justice, ought to incite us to the prevention of any + innovation in the methods of prosecuting offenders. +</p> +<p> + For my own part, my lords, I cannot approve either the principles or + form of the bill. I think it necessary to proceed by known precedents, + when there is no immediate danger that requires extraordinary measures, + of which I am far from being convinced that they are necessary on the + present occasion. I think that the certainty of a crime ought to precede + the prosecution of a criminal, and I see that there is, in the present + case, no crime attempted to be proved. The commons have, in my opinion, + already exceeded their privileges, and I would not willingly confirm + their new claims. For these reasons, my lords, I openly declare, that I + cannot agree to the bill's being read a second time. +</p> +<p> + Lord TALBOT spoke next, to this effect:—My lords, so high is my + veneration for this great assembly, that it is never without the utmost + efforts of resolution that I can prevail upon myself to give my + sentiments upon any question that is the subject of debate, however + strong may be my conviction, or however ardent my zeal. +</p> +<p> + But in a very particular degree do I distrust my own abilities, when I + find my opinion contrary to that of the noble lord who has now spoken; + and it is no common perplexity to be reduced to the difficult choice of + either suppressing my thoughts, or exposing them to so disadvantageous a + contrast. +</p> +<p> + Yet, since such is my present state, that I cannot avoid a declaration + of my thoughts on this question, without being condemned in my own + breast as a deserter of my country, nor utter them without the danger of + becoming contemptible in the eyes of your lordships; I will, however, + follow my conscience, rather than my interest; and though I should lose + any part of my little reputation, I shall find an ample recompense from + the consciousness that I lost it in the discharge of my duty, on an + occasion which requires from every good man the hazard of his life. +</p> +<p> + The arguments of the noble lord have had upon me an effect which they + never, perhaps, produced on any part of his audience before; they have + confirmed me in the contrary opinion to that which he has endeavoured to + maintain. It has been remarked, that in some encounters, not to be put + to flight is to obtain the victory; and, in a controversy with the noble + lord, not to be convinced by him, is to receive a sufficient proof that + the cause in which he is engaged is not to be defended by wit, + eloquence, or learning. +</p> +<p> + On the present question, my lords, as on all others, he has produced all + that can be urged, either from the knowledge of past ages, or experience + of the present; all that the scholar or the statesman can supply has + been accumulated, one argument has been added to another, and all the + powers of a great capacity have been employed, only to show that right + and wrong cannot be confounded, and that fallacy can never strike with + the force of truth. +</p> +<p> + When I survey the arguments of the noble lord, disrobed of those + ornaments which his imagination has so liberally bestowed upon them, I + am surprised at the momentary effect which they had upon my mind, and + which they could not have produced had they been clothed in the language + of any other person. +</p> +<p> + For when I recollect, singly, the particular positions upon which his + opinion seems to be founded, I do not find them by any means + uncontrovertible; some of them seem at best uncertain, and some + evidently mistaken. +</p> +<p> + That there is no apparent crime committed, and that, therefore, no legal + inquiry can be made after the criminal, I cannot hear without + astonishment. Is our commerce ruined, are our troops destroyed, are the + morals of the people vitiated, is the senate crowded with dependants, + are our fleets disarmed, our allies betrayed, and our enemies supported + without a crime? Was there no certainty of any crime committed, when it + was moved to petition his majesty to dismiss this person from his + councils for ever. +</p> +<p> + It has been observed, my lords, that nothing but a sight of the dead + body can warrant a pursuit after the murderer; but this is a concession + sufficient for the present purpose; for if, upon the sight of a murdered + person, the murderer may lawfully be inquired after, and those who are + reasonably suspected detained and examined; with equal reason, my lords, + may the survey of a ruined nation, a nation oppressed with burdensome + taxes, devoured by the caterpillars of a standing army, sunk into + contempt in every foreign court, and repining at the daily decay of its + commerce, and the daily multiplication of its oppressors, incite us to + an inquiry after the author of its miseries. +</p> +<p> + It is asserted, that no man ought to be called into question for any + crime, who is not suspected of having committed it. This, my lords, is a + rule not only reasonable in itself, but so naturally observed, that I + believe it was never yet broken; and am certain, no man will be charged + with the violation of it, for accusing this person as an enemy to his + country. +</p> +<p> + But he that declares his suspicion, may be called upon to discover upon + what facts it is founded; nor will this part of the law produce any + difficulty in the present case; for as every man in the nation suspects + this person of the most enormous crimes, every man can produce + sufficient arguments to justify his opinion. +</p> +<p> + On all other occasions, my lords, publick fame is allowed some weight: + that any man is universally accounted wicked, will add strength to the + testimony brought against him for any particular offence; and it is at + least a sufficient reason for calling any man to examination, that a + crime is committed, and he is generally reported to be the author of it. +</p> +<p> + That this is the state of the person into whose conduct the commons are + now inquiring; that he is censured by every man in the kingdom, whose + sentiments are not repressed by visible influence; that he has no + friends but those who have sold their integrity for the plunder of the + publick; and that all who are not enemies to their country, have, for + many years, incessantly struggled to drag him down from the pinnacle of + power, and expose him to that punishment which he has so long deserved, + and so long defied, is evident beyond contradiction. +</p> +<p> + Let it not, therefore, be urged, my lords, that there is no certainty of + a crime which is proved to the conviction of every honest mind; let it + not be said that it is unreasonable to suspect this man, whom the voice + of the people, a voice always to be reverenced, has so long condemned. +</p> +<p> + The method of procuring evidence against him by an act of indemnity has + been represented by the noble lord as not agreeable to justice or to + law: in the knowledge of the law I am far from imagining myself able to + contend with him; but I think it may not be improper to observe, that a + person of the highest eminence in that profession, whose long study and + great abilities give his decisions an uncommon claim to authority and + veneration, and who was always considered in this house with the highest + regard, appears to have entertained a very different opinion. +</p> +<p> + It was declared by him, without the least restriction, that all means + were lawful which tended to the discovery of truth; and, therefore, the + publick may justly expect that extraordinary methods should be used upon + occasions of uncommon importance. +</p> +<p> + Nor does this expedient appear to me very remote from the daily practice + of promising pardon to thieves, on condition that they will make + discoveries by which their confederates may be brought to justice. +</p> +<p> + If we examine only the equity of this procedure, without regard to the + examples of former times, it appears to me easily defensible; for what + can be more rational than to break a confederacy of wretches combined + for the destruction of the happiness of mankind, by dividing their + interest, and making use, for the publick good, of that regard for their + own safety, which has swallowed up every other principle of action? +</p> +<p> + It is admitted that wickedness ought to be punished, and it is + universally known that punishment must be preceded by detection; any + method, therefore, that promotes the discovery of crimes may be + considered as advantageous to the publick. +</p> +<p> + As there is no wickedness of which the pernicious consequences are more + extensive, there is none which ought more diligently to be prevented, or + more severely punished, than that of those men who have dared to abuse + the power which their country has put into their hands; but how they can + be convicted by any other means than those which are now proposed, I + confess myself unable to discover; for by a very small degree of + artifice, a man invested with power may make every witness a partner of + his guilt, and no man will be able to accuse him, without betraying + himself. In the present case it is evident, that the person of whose + actions the bill now before us is designed to produce a more perfect + discovery, has been combined with others in illegal measures, in + measures which their own security obliges them to conceal, and which, + therefore, the interest of the publick demands to be divulged. +</p> +<p> + That Paxton has distributed large sums for purposes which he dares not + discover, we are informed by the reports of the secret committee; and I + suppose every body suspects that they were distributed as rewards for + services which the nation thinks not very meritorious, and I believe no + man will ask what reason can be alleged for such suspicions. +</p> +<p> + But since it may be possibly suggested that Paxton expended these sums + contrary to his master's direction, or without his knowledge, it may be + demanded, whether such an assertion would not be an apparent proof of a + very criminal degree of negligence in a man intrusted with the care of + the publick treasure? +</p> +<p> + Thus, my lords, it appears in my opinion evident, that either he has + concurred in measures which his servile agent, the mercenary tool of + wickedness, is afraid to confess, or that he has stood by, negligent of + his trust, and suffered the treasure of the nation to be squandered by + the meanest wretches without account. +</p> +<p> + That the latter part of the accusation is undoubtedly just, the report + of the commons cannot but convince us. It appears that for near eight + years, Paxton was so high in confidence, that no account was demanded + from him; he bestowed pensions at pleasure; he was surrounded, like his + master, by his idolaters; and after the fatigue of cringing in one + place, had an opportunity of purchasing the taxes of the nation, the + gratification of tyranny in another. +</p> +<p> + I presume, my lords, that no man dares assert such a flagrant neglect of + so important an office, to be not criminal in a very high degree; to + steal in private houses that which is received in trust, is felony by + the statutes of our country; and surely the wealth of the publick ought + not to be less secured than that of individuals, nor ought he that + connives at robbery to be treated with more lenity than the robber. +</p> +<p> + Therefore, my lords, as I cannot but approve of the bill, I move that it + may be read a second time; and I hope the reasons which I have offered, + when joined with others, which I expect to hear from lords of a greater + experience, knowledge, and capacity, will induce your lordships to be of + the same opinion. +</p> +<p> + Lord HERVEY spoke next, to this effect:—My lords, as the bill now + before us is of a new kind, upon an occasion no less new, I have + endeavoured to bestow upon it a proportionate degree of attention, and + have considered it in all the lights in which I could place it; I have, + in my imagination, connected with it all the circumstances with which it + is accompanied, and all the consequences that it may produce either to + the present age, or to futurity; but the longer I reflect upon it, the + more firmly am I determined to oppose it; nor has deliberation any other + effect, than to crowd my thoughts with new arguments against it, and to + heighten dislike to detestation. +</p> +<p> + It must, my lords, immediately occur to every man, at the first mention + of the method of proceeding now proposed, that it is such as nothing but + extreme necessity can vindicate; that the noble person against whom it + is contrived, must be a monster burdensome to the world; that his crimes + must be at once publick and enormous, and that he has been already + condemned by all maxims of justice, though he has had the subtilty to + escape by some unforeseen defect in the forms of law. It might be + imagined, my lords, that there were the most evident marks of guilt in + the conduct of the man thus censured, that he fled from the justice of + his country, that he had openly suborned witnesses in his favour, or + had, by some artifice certainly known, obstructed the evidence that was + to have been brought against him. It might at least be reasonably + conceived, that his crimes were of such a kind as might in their own + nature easily be concealed, and that, therefore, some extraordinary + measures were necessary for the discovery of wickedness which lay out of + the reach of common inquiry. +</p> +<p> + But, my lords, none of these circumstances can be now alleged; for there + is no certainty of any crime committed, nor any appearance of + consciousness or fear in the person accused, who sets his enemies at + defiance in full security, and declines no legal trial of his past + actions; of which it ought to be observed, that they have, by the nature + of his employments, been so publick, that they may easily be examined + without recourse to a new law to facilitate discoveries. +</p> +<p> + The bill, therefore, is, my lords, at least unnecessary, and an + innovation not necessary ought always to be rejected, because no man can + foresee all the consequences of new measures, or can know what evils + they may create, or what subsequent changes they may introduce. The + alteration of one part of a system naturally requires the alteration of + another. +</p> +<p> + But, my lords, that there is no necessity for this law now proposed, is + not the strongest argument that may be brought against it, for there is + in reality a necessity that it should be rejected. Justice and humanity + are necessarily to be supported, without which no society can subsist, + nor the life or property of any man be enjoyed with security: and + neither justice nor humanity can truly be said to reside, where a law + like this has met with approbation. +</p> +<p> + My lords, to prosecute any man by such methods, is to overbear him by + the violence of power, to take from him all the securities of innocence, + and divest him of all the means of self-defence. It is to hire against + him those whose testimonies ought not to be admitted, if they were + voluntarily produced, and of which, surely, nothing will be farther + necessary to annihilate the validity, than to observe that they are the + depositions of men who are villains by their own confession, and of whom + the nation sees, that they may save their lives by a bold accusation, + whether true or false. +</p> +<p> + That the bill will, indeed, be effectual to the purposes designed, that + it will crowd the courts of justice with evidence, and open scenes of + wickedness never discovered before, I can readily believe; for I cannot + imagine that any man who has exposed his life by any flagrant crime, + will miss so fair an opportunity of saving it by another. I shall + expect, my lords, that villains of all denominations, who are now + skulking in private retreats, who are eluding the officers of justice, + or flying before the publick pursuit of the country, will secure + themselves by this easy expedient; and that housebreakers, highwaymen, + and pickpockets, will come up in crowds to the bar, charge the earl of + ORFORD as their accomplice, and plead this bill as a security against + all inquiry. +</p> +<p> + That this supposition, however wild and exaggerated it may seem, may not + be thought altogether chimerical; that it may appear with how little + consideration this bill has been drawn, and how easily it may be + perverted to the patronage of wickedness, I will lay before your + lordships such a plea as may probably be produced by it. +</p> +<p> + A man whom the consciousness of murder has for some time kept in + continual terrours, may clear himself for ever, by alleging, that he was + commissioned by the earl of ORFORD to engage, with any certain sum, the + vote or interest of the murdered person; that he took the opportunity of + a solitary place to offer him the bribe, and prevail upon him to comply + with his proposals; but that finding him obstinate and perverse, filled + with prejudices against a wise and just administration, and inclined to + obstruct the measures of the government, he for some time expostulated + with him; and being provoked by his contumelious representations of the + state of affairs, he could no longer restrain the ardour of his loyalty, + but thought it proper to remove from the world a man so much inclined to + spread sedition among the people; and that, therefore, finding the place + convenient, he suddenly rushed upon him and cut his throat. +</p> +<p> + Thus, my lords, might the murderer represent his case, perhaps, without + any possibility of a legal confutation; thus might the most atrocious + villanies escape censure, by the assistance of impudence and cunning. +</p> +<p> + A bill like this, my lords, is nothing less than a proscription; the + head of a citizen is apparently set to sale, and evidence is hired, by + which the innocent and the guilty may be destroyed with equal facility. +</p> +<p> + It is apparent, my lords, that they by whom this bill is proposed, act + upon the supposition that the noble person mentioned in it, is guilty of + all those crimes of which he is suspected; a supposition, my lords, + which it is unjust to make, and to which neither reason, nor the laws of + our country, will give countenance or support. +</p> +<p> + I, my lords, will much more equitably suppose him innocent; I will + suppose that he has, throughout all the years of his administration, + steadily prosecuted the best ends, by the best means; that if he has + sometimes been mistaken or disappointed, it has been neither by his + negligence nor ignorance, but by false intelligence, or accidents not to + be foreseen; and that he has never either sacrificed his country to + private interest, or procured, by any illegal methods, the assistance + and support of the legislature; and I will ask your lordships, whether, + if this character be just, the bill ought to be passed, and doubt not + but every man's conscience will inform him, that it ought to be rejected + with the utmost indignation. +</p> +<p> + The reason, my lords, for which it ought to be rejected, is evidently + this, that it may bring innocence into danger. But, my lords, every man + before his trial is to be supposed innocent, and, therefore, no man + ought to be exposed to the hazards of a trial, by which virtue and + wickedness are reduced to a level. A bill like this ought to be marked + out as the utmost effort of malice, as a species of cruelty never known + before, and as a method of prosecution which this house has censured. +</p> +<p> + I did not, indeed, expect from those who have so long clamoured with + incessant vehemence against the measures of the ministry, such an open + confession of their own weakness. Nothing, my lords, was so frequently + urged, or so warmly exaggerated, as the impossibility of procuring + evidence against a man in power; nothing was more confidently asserted, + than that his guilt would be easily proved when his authority was at an + end; and that even his own agents would readily detect him, when they + were no longer dependant upon his favour. +</p> +<p> + The time, my lords, so long expected, and so ardently desired, is at + length come; this noble person whom they have so long pursued with + declamations, invectives, and general reproaches, has at length resigned + those offices which set him above punishment or trial; he is now without + any other security than that by which every other man is sheltered from + oppression, the publick protection of the laws of his country; but he is + yet found impregnable, he is yet able to set his enemies at defiance; + and they have, therefore, now, with great sagacity, contrived a method + by which he may be divested of the common privileges of a social being, + and may be hunted like a wild beast, without defence, and without pity. +</p> +<p> + Where, my lords, can it be expected that malice like this will find an + end? Is it not reasonable to imagine that if they should be gratified in + this demand, and should find even this expedient baffled by the + abilities which they have so often encountered without success, they + would proceed to measures yet more atrocious, and punish him without + evidence, whom they call to a trial without a crime. +</p> +<p> + It has been observed by the noble lord who spoke last, that there are + crimes mentioned in the report of the secret committee of the house of + commons, or that at least such facts are asserted in it, that an + accusation may, by easy deductions, be formed from them. The report of + that committee, my lords, with whatever veneration it may be mentioned, + by those whose purposes it happens to favour, or of whatever importance + it may be in the other house, is here nothing but a pamphlet, not to be + regarded as an evidence, or quoted as a writing of authority. It is only + an account of facts of which we know not how they were collected, and + which every one may admit or reject at his own choice, till they are + ascertained by proper evidence at our own bar, and which, therefore, + ought not to influence our opinion in the present debate. +</p> +<p> + Nor is the bill, my lords, only founded upon principles inconsistent + with the constitution of this nation, apparently tending to the + introduction of a new species of oppression, but is in itself such as + cannot be ratified without injury to the honour of this great assembly. +</p> +<p> + In examining the bill, my lords, I think it not necessary to dwell upon + the more minute and trivial defects of the orthography and expression, + though they are such as might justly give occasion for suspecting that + they by whom it was written, were no less strangers to our language than + to our constitution. There are errours or falsehoods which it more + nearly concerns us to detect, and to which we cannot give any sanction, + without an evident diminution of our own authority. +</p> +<p> + It declares, my lords, that there is now an inquiry depending before the + senate, an assertion evidently false, for the inquiry is only before the + commons. Whether this was inserted by mistake or design, whether it was + intended to insinuate that the whole senatorial power was comprised in + the house of commons, or to persuade the nation that your lordships + concurred with them in this inquiry, it is not possible to determine; + but since it is false in either sense, it ought not to receive our + confirmation. +</p> +<p> + If we should pass the bill in its present state, we should not only + declare our approbation of the measures hitherto pursued by the commons, + by which it has been already proved, by the noble and learned lord who + spoke first against the bill, that they have not only violated the law, + but invaded the privileges of this house. We should not only establish + for ever in a committee of the house of commons, the power of examining + upon oath, by an elusive and equivocatory expedient, but we should in + effect vote away our own existence, give up at once all authority in the + government, and grant them an unlimited power, by acknowledging them the + senate, an acknowledgment which might, in a very short time, be quoted + against us, and from which it would not be easy for us to extricate + ourselves. +</p> +<p> + It has, indeed, been remarked, that there is a large sum of money + disbursed without account, and the publick is represented as apparently + injured, either by fraud or negligence; but it is not remembered that + none but his majesty has a right to inquire into the distribution of the + revenue appropriated to the support of his family and dignity, and the + payment of his servants, and which, therefore, cannot, in any degree, be + called publick money, or fall under the cognizance of those whom it + concerns to inspect the national accounts. Either the civil list must be + exempt from inquiries, or his majesty must be reduced to a state below + that of the meanest of his subjects; he can enjoy neither freedom nor + property, and must be debarred for ever from those blessings which he is + incessantly labouring to secure to others. +</p> +<p> + There is, likewise, another consideration, which my regard for the + honour of this assembly suggested to me, and of which I doubt not but + that all your lordships will allow the importance. The noble person who + is pointed out in this bill as a publick criminal, and whom all the + villains of the kingdom are invited to accuse, is invested with the same + honours as ourselves, and has a son who has for many years possessed a + seat amongst us; let us not, therefore, concur with the commons to load + our own house with infamy, and to propagate reproach, which will at last + fix upon ourselves. +</p> +<p> + Innumerable are the objections, my lords, which might yet be urged, and + urged without any possibility of reply; but as I have already been heard + with so much patience, I think what has been already mentioned + sufficient to determine the question: and as I doubt not but the other + defects and absurdities will be observed, if it be necessary, by some + other lords, I shall presume only to add, that as the bill appears to me + contrary to the laws of this nation, to the common justice of society, + and to the general reason of mankind, as it must naturally establish a + precedent of oppression, and confirm a species of authority in the other + house which was either never claimed before, or always denied; as I + think the most notorious and publick criminal ought not to be deprived + of that method of defence which the established customs of our country + allow him, and believe the person mentioned in this bill to deserve + rather applauses and rewards, than censures and punishments, I think + myself obliged to oppose it, and hope to find your lordships unanimous + in the same opinion. +</p> +<p> + Then the duke of ARGYLE answered, in substance as follows:—My lords, + whatever may be the fate of this question, I have little hope that it + will be unanimously decided, because I have reason to fear that some + lords have conceived prejudices against the bill, which hinder them from + discovering either its reasonableness or its necessity; and am convinced + that others who approve the bill, can support their opinion by arguments + from which, as they cannot be confuted, they never will recede. +</p> +<p> + Those arguments which have influenced my opinion, I will lay before your + lordships, and doubt not of showing that I am very far from giving way + to personal malice, or the prejudices of opposition; and that I regard + only the voice of reason, and the call of the nation. +</p> +<p> + Calmness and impartiality, my lords, have been, with great propriety, + recommended to us by the noble lord who spoke first in this debate; and + I hope he will discover by the moderation with which I shall deliver my + sentiments on this occasion, how much I reverence his precepts, and how + willingly I yield to his authority. +</p> +<p> + I am at least certain, that I have hitherto listened to the arguments + that have been offered on either side with an attention void of + prejudice; I have repressed no motions of conviction, nor abstracted my + mind from any difficulty, to avoid the labour of solving it: I have been + solicitous to survey every position in its whole extent, and trace it to + its remotest consequences; I have assisted the arguments against the + bill by favourable suppositions, and imaginary circumstances, and have + endeavoured to divest my own opinion of some appendant and accidental + advantages, that I might view it in a state less likely to attract + regard; and yet I cannot find any reason by which I could justify myself + to my country or my conscience, if I should concur in rejecting this + bill, or should not endeavour to promote it. I am not unacquainted, my + lords, with the difficulties that obstruct the knowledge of our own + hearts, and cannot deny that inclination may be sometimes mistaken for + conviction; and men even wise and honest, may imagine themselves to + believe what, in reality, they only wish: but this, my lords, can only + happen for want of attention, or on sudden emergencies, when it is + necessary to determine with little consideration, while the passions + have not yet time to subside, and reason is yet struggling with the + emotions of desire. +</p> +<p> + In other circumstances, my lords, I am convinced that no man imposes on + himself without conniving at the fraud, without consciousness that he + admits an opinion which he has not well examined, and without consulting + indolence rather than reason; and, therefore, my lords, I can with + confidence affirm, that I now declare my real opinion, and that if I + err, I err only for want of abilities to discover the truth; and hope it + will appear to your lordships, that I have been misled at least by + specious arguments, and deceived by fallacious appearances, which it is + no reproach not to have been able to detect. +</p> +<p> + It will, my lords, be granted, I suppose, without hesitation, that the + law is consistent with itself; that it never at the same time commands + and prohibits the same action; that it cannot be at once violated and + observed. From thence it will inevitably follow, that where the + circumstances of any transaction are such, that the principles of that + law by which it is cognizable are opposite to each other, some + expedients may be found by which these circumstances may be altered. + Otherwise a subtle or powerful delinquent will always find shelter in + ambiguities, and the law will remain inactive, like a balance loaded + equally on each side. +</p> +<p> + On the present occasion, my lords, I pronounce with the utmost + confidence, as a maxim of indubitable certainty, <i>that the publick has a + claim to every man's evidence</i>, and that no man can plead exemption from + this duty to his country. But those whom false gratitude, or contracted + notions of their own interest, or fear of being entangled in the snares + of examination, prompt to disappoint the justice of the publick, urge + with equal vehemence, and, indeed, with equal truth, that <i>no man is + obliged to accuse himself</i>, and that the constitution of Britain allows + no man's evidence to be extorted from him to his own destruction. +</p> +<p> + Thus, my lords, two of the first principles of the British law, though + maxims equally important, equally certain, and equally to be preserved + from the least appearance of violation, are contradictory to each other, + and neither can be obeyed, because neither can be infringed. +</p> +<p> + How then, my lords, is this contradiction to be reconciled, and the + necessity avoided of breaking the law on one side or the other, but by + the method now proposed, of setting those whose evidence is required, + free from the danger which they may incur by giving it. +</p> +<p> + The end of the law is the redress of wrong, the protection of right, and + the preservation of happiness; and the law is so far imperfect as it + fails to produce the end for which it is instituted; and where any + imperfection is discovered, it is the province of the legislature to + supply it. +</p> +<p> + By the experience, my lords, of one generation after another, by the + continued application of successive ages, was our law brought to its + present accuracy. As new combinations of circumstances, or unforeseen + artifices of evasion, discovered to our ancestors the insufficiency of + former provisions, new expedients were invented; and as wickedness + improved its subtilty, the law multiplied its powers and extended its + vigilance. +</p> +<p> + If I should, therefore, allow, what has been urged, that there is no + precedent of a bill like this, what can be inferred from it, but that + wickedness has found a shelter that was never discovered before, and + which must be forced by a new method of attack? And what then are we + required to do more than has been always done by our ancestors, on a + thousand occasions of far less importance? +</p> +<p> + I know not, my lords, whether it be possible to imagine an emergence + that can more evidently require the interposition of the legislative + power, than this which is now proposed to your consideration. The nation + has been betrayed in peace, and disgraced in war; the constitution has + been openly invaded, the votes of the commons set publickly to sale, the + treasures of the publick have been squandered to purchase security to + those by whom it was oppressed, the people are exasperated to madness, + the commons have begun the inquiry that has been for more than twenty + years demanded and eluded, and justice is on a sudden insuperably + retarded by the deficiency of the law. +</p> +<p> + Surely, my lords, this is an occasion that may justify the exertion of + unusual powers, and yet nothing either new or unusual is required; for + the bill now proposed may be supported both by precedents of occasional + laws, and parallel statutes of lasting obligation. +</p> +<p> + When frauds have been committed by the agents of trading companies, + bills of indemnity to those by whom any discoveries should be made, have + been proposed and passed without any of those dreadful consequences + which some noble lords have foreseen in this. I have never heard that + any man was so stupid as to mistake such a bill for a general act of + grace, or that the confession of any crimes was procured by it, except + of those which it was intended to detect; I have never been informed, + that any murderer was blessed with the acuteness of the noble lord, or + thought of flying to such an act as to a common shelter for villany. + Such suppositions, my lords, can be intended only to prolong a + controversy and weary an opponent; nor can such trifling exaggerations + contribute to any other end, than of discovering the fertility of + imagination, and the exuberance of eloquence. +</p> +<p> + For my part, my lords, I think passion and negligence equally culpable + in a debate like this; and cannot forbear to recommend seriousness and + attention, with the same zeal with which moderation and impartiality + have already been inculcated. He that entirely disregards the question + in debate, who thinks it too trivial for a serious discussion, and + speaks upon it with the same superficial gaiety with which he would + relate the change of a fashion, or the incidents of a ball, is not very + likely, either to discover or propagate the truth; and is less to be + pardoned, than he who is betrayed by passion into absurdities, as it is + less criminal to injure our country by zeal than by contempt. +</p> +<p> + That bills, without any essential difference from that which is now + before us, have been passed in favour of private companies, is + indisputably certain; it is certain that they never produced any other + effect, than such as were expected from them by those who promoted them. + It is evident, that the welfare of the nation is more worthy of our + regard than any separate company; that the whole, of more importance + than a part; and therefore, the same measures may be now used with far + greater justice, and with equal probability of success. +</p> +<p> + The necessity of the law now proposed, my lords, cannot more plainly + appear, than by reflecting on the absurdity of the pleas made use of for + refusing it, which, considered in the whole, contain only this + assertion, that the security of one man is to be preferred to justice, + to truth, to publick felicity; that a precedent is rather to be + established, which will for ever shelter every future minister from the + laws of our country; and that all our miseries are rather to be borne in + silence, or lamented in impotence, than the man, whom the whole nation + agrees to accuse as the author of them, should be exposed to the hazard + of a trial, even before those whom every tie of interest and + long-continued affection has united to him. +</p> +<p> + It is, indeed, objected, that by passing this bill, we shall transfer + the authority of trying him to the other house; that we shall give up + our privileges for ever, erect a new court of judicature, and overturn + the constitution. +</p> +<p> + I have long observed, my lords, how vain it is to argue against those + whose resolutions are determined by extrinsick motives, and have been + long acquainted with the art of disguising obstinacy, by an appearance + of reasons that have no weight, even in the opinion of him by whom they + are offered, and of raising clouds of objections, which, by the first + reply, will certainly be dissipated, but which, at least, fill the mouth + for a time, and preserve the disputant from the reproach of adhering to + an opinion, in vindication of which he had nothing to say. +</p> +<p> + Of this kind is the objection which I am now to remove, though I remove + it only to make way for another, for those can never be silenced who can + satisfy themselves with arguments like this; however, those that offer + it expect it should be answered, and if it should be passed over in the + debate, will boast of its irrefragability, and imagine that they have + gained the victory by the superiority of their abilities, rather than of + their numbers. +</p> +<p> + That we shall, by passing this bill, give the commons a power which they + want at present, is unquestionably evident; but we shall only retrieve + that which they were never known to want before, the power of producing + evidence; evidence which we, my lords, must hear, and of whose + testimonies we shall reserve the judgment to ourselves. The commons will + only act as prosecutors, a character in which they were never conceived + to encroach upon our right. The man whose conduct is the subject of + inquiry, must stand his trial at our bar; nor has the bill any other + tendency, than to enable the commons to bring him to it. +</p> +<p> + What can be alleged against this design I know not; because I can + discover no objections which do not imply guilt, and guilt we are not + yet at liberty to suppose. I am so far from pressing this bill from any + motives of personal malevolence, that I am only doing, in the case of + the minister, what I should ardently desire to be done in my own, and + what no man would wish to obstruct, who was supported by a consciousness + of integrity, and stimulated by that honest sense of reputation which I + have always found the concomitant of innocence. +</p> +<p> + I hope I shall be readily believed by your lordships, when I assert, + once more, that I should not only forbear all opposition to a bill + intended to produce a scrutiny into my conduct, but that I should + promote it with all my interest, and solicit all my friends to expedite + and support it; for there was once a time, my lords, in which my + behaviour was brought to the test, a time when no expedient was + forgotten by which I might be oppressed, nor any method untried to + procure accusations against me. +</p> +<p> + Whether the present case in every circumstance will stand exactly + parallel to mine, I am very far from presuming to determine. I had + served my country with industry, fidelity, and success, and had received + the illustrious testimony of my conduct, the publick thanks of this + house. I was conscious of no crime, nor had gratified, in my services, + any other passion than my zeal for the publick. I saw myself + ignominiously discarded, and attacked by every method of calumny and + reproach. Nor was the malice of my enemies satisfied with destroying my + reputation without impairing my fortune: for this purpose a prosecution + was projected, a wretch was found out who engaged to accuse me, and + received his pardon for no other purpose; nor did I make any opposition + to it in this house, though I knew the intent with which it was + procured, and was informed that part of my estate was allotted him to + harden his heart, and strengthen his assertions. +</p> +<p> + This, my lords, is surely a precedent which I have a right to quote, and + which will vindicate me to your lordships from the imputation of + partiality and malignity; since it is apparent, that I do only in the + case of another, what I willingly submitted to, when an inquiry was + making into my conduct. +</p> +<p> + But, my lords, this is far from being the only precedent which may be + pleaded in favour of this bill; a bill which, in reality, concurs with + the general and regular practice of the established law, as will appear + to every one that compares it with the eighth section of the act for + preventing bribery; in which it is established as a perpetual law, that + he who, having taken a bribe, shall, within twelve months, inform + against him that gave it, shall be received as an evidence, and be + indemnified from all the consequences of his discovery. +</p> +<p> + To these arguments of reason and precedent, I will add one of a more + prevalent kind, drawn from motives of interest, which surely would + direct our ministers to favour the inquiry, and promote every expedient + that might produce a complete discussion of the publick affairs; since + they would show, that they are not afraid of the most rigorous scrutiny, + and are above any fears that the precedent which they are now + establishing may revolve upon themselves. +</p> +<p> + To elude the ratification of this bill, it was at first urged that there + was no proof of any crime; and when it was shown, that there was an + apparent misapplication of the publick money, it became necessary to + determine upon a more hardy assertion, and to silence malicious + reasoners, by showing them how little their arguments would be regarded. + It then was denied, with a spirit worthy of the cause in which it was + exerted, that the civil list was publick money. +</p> +<p> + Disputants like these, my lords, are not born to be confuted; it would + be to little purpose that any man should ask, whether the money allotted + for the civil list was not granted by the publick, and whether publick + grants did not produce publick money; it would be without any effect, + that the uses for which that grant is made should be enumerated, and the + misapplication of it openly proved; a distinction, or at least a + negative, would be always at hand, and obstinacy and interest would turn + argument aside. +</p> +<p> + Upon what principles, my lords, we can now call out for a proof of + crimes, and proceed in the debate as if no just reason of suspicion had + appeared, I am not able to conjecture; here is, in my opinion, if not + demonstrative proof, yet the strongest presumption of one of the + greatest crimes of which any man can be guilty, the propagation of + wickedness, of the most atrocious breach of trust which can be charged + upon a British minister, a deliberate traffick for the liberties of his + country. +</p> +<p> + Of these enormous villanies, however difficult it may now seem to + disengage him from them, I hope we shall see reason to acquit him at the + bar of this house, at which, if he be innocent, he ought to be desirous + of appearing; nor do his friends consult his honour, by endeavouring to + withhold him from it; if they, indeed, believe him guilty, they may then + easily justify their conduct to him, but the world will, perhaps, + require a more publick vindication. +</p> +<p> + These, my lords, are the arguments which have influenced me hitherto to + approve the bill now before us, and which will continue their + prevalence, till I shall hear them confuted; and, surely, if they are + not altogether unanswerable, they are surely of so much importance, that + the bill for which they have been produced, must be allowed to deserve, + at least, a deliberate examination, and may very justly be referred to a + committee, in which ambiguities may be removed, and inadvertencies + corrected. +</p> +<p> + Lord CHOLMONDELEY spoke next, to the following purpose:—My lords, this + bill is, in my opinion, so far from deserving approbation, that I am in + doubt whether I should retard the determination of the house, by laying + before you the reasons which influence me in this debate; nor, indeed, + could I prevail upon myself to enter into a formal discussion of a + question, on which I should have imagined that all mankind would have + been of one opinion, did not my reverence of the abilities of those + noble lords who have spoken in defence of the bill, incline me, even + against the conviction of my own reason, to suspect that arguments may + be offered in its favour, which I have not yet been able to discover; + and that those which have been produced, however inconclusive they have + seemed, will operate more powerfully when they are more fully displayed, + and better understood. +</p> +<p> + For this reason I shall lay before your lordships the objections which + arose in my mind when the bill was first laid before us, and which have + rather been strengthened than invalidated by the subsequent debate. +</p> +<p> + It appears, my lords, evident to me, that every man has a right to be + tried by the known laws of his country; that no man can be justly + punished by a law made after the commission of a fact, because he then + suffers by a law, against which he never transgressed; nor is any man to + be prosecuted by methods invented only to facilitate his condemnation, + because he ought to be acquitted, however guilty he may be supposed, + whom the established rules of justice cannot convict. The law, my lords, + is the measure of political, as conscience of moral right; and he that + breaks no law, may indeed be criminal, but is not punishable. The law + likewise prescribes the method of prosecuting guilt; and as we, by + omitting any crime in our laws, disable ourselves from punishing it, + however publick or flagrant, so by regulating the process in our courts + of justice, we give security to that guilt, which by that process cannot + be detected. +</p> +<p> + The truth of this assertion, my lords, however paradoxical it may + perhaps appear, will become evident, if we suppose a man brought to the + bar whose guilt was unquestionable, though it could not be legally + proved, because all those were dead who might have appeared against him. + It is certain that his good fortune would give him no claim to pardon, + and yet he could not be convicted, unless we suppose him weak enough to + accuse himself. In this case, my lords, it is not impossible, that some + might be prompted by their zeal to propose, that the foreign methods of + justice might be introduced, and the rack employed to extort, from his + own mouth, a confession of those crimes of which every one believed him + guilty. +</p> +<p> + With what horrour, my lords, such a proposal would be heard, how loudly + it would be censured, and how universally rejected, I need not say; but + must observe, that, in my opinion, the detestation would arise + principally from a sense of the injustice of exposing any man to + peculiar hardships, and distinguishing him to his disadvantage from the + rest of the community. +</p> +<p> + It will, my lords, not be easy to prove, that it is less agreeable to + justice to oblige a man to accuse himself, than to make use of + extraordinary methods of procuring evidence against him; because the + barriers of security which the law has fixed are equally broken in + either case, and the accused is exposed to dangers, from which he had + reason to believe himself sheltered by the constitution of his country. +</p> +<p> + This argument, my lords, I have mentioned, without endeavouring to + evince the innocence of the person whom this bill immediately regards; + because the intent of it is to show, that no man is to be deprived of + the common benefits of the constitution, and that the guilty have a + right to all the advantages which the law allows them. For guilt is + never to be supposed till it is proved, and it is therefore never to be + proved by new methods, merely because it is supposed. +</p> +<p> + That the method of procuring evidence now proposed, is new, my lords, I + think it no temerity to conclude; because the noble lords who have + endeavoured to defend it, have produced no instance of a parallel + practice, and their knowledge and acuteness is such, that they can only + have failed to discover them, because they are indeed nowhere to be + found. +</p> +<p> + In the case of bribery, my lords, the person accused has the privilege, + if he be innocent, of prosecuting his accuser for perjury, and is + therefore in less danger of being harassed by a false indictment. But, + my lords, this is not the only difference between the two cases; for he + that discovers a bribe received by himself, has no motives of interest + to prompt his evidence; he is only secured from suffering by his own + discovery, and might have been equally safe by silence and secrecy; + since the law supposes the crime out of the reach of detection, + otherwise than by the confession of the criminal. +</p> +<p> + But far different, my lords, are the circumstances of those who are now + invited to throng the courts of justice, and stun us with depositions + and discoveries. They are men supposed criminal by the indemnity which + is offered them; and by the nature of their crimes it is made at least + probable, that they are in daily hazard of discovery and punishment; + from which they are summoned to set themselves free for ever, by + accusing a man of whom it has not been yet proved that he can legally be + called to a trial. +</p> +<p> + Thus, my lords, in the law which the noble duke has mentioned as a + precedent for this bill, the accuser is only placed in a kind of + equilibrium, equally secure from punishment, by silence or by + information, in hope that the love of truth and justice will turn the + balance; in the bill now before us the witness is in continual danger by + withholding his evidence, and is restored to perfect safety by becoming + an accuser, and from making discoveries, whether true or false, has + every thing to hope and nothing to fear. +</p> +<p> + The necessity of punishing wickedness has been urged with great + strength; it has been unanswerably shown, by the advocates for this + bill, that vindictive justice is of the highest importance to the + happiness of the publick, and that those who may be injured with + impunity, are, in reality, denied the benefits of society, and can be + said to live in the state of uncivilized nature, in which the strong + must prey upon the weak. +</p> +<p> + This, my lords, has been urged with all the appearance of conviction and + sincerity, and yet has been urged by those who are providing a shelter + for the most enormous villanies, and enabling men who have violated + every precept of law and virtue, to bid defiance to justice, and to sit + at ease in the enjoyment of their acquisitions. +</p> +<p> + And what, my lords, is the condition, upon which wickedness is to be set + free from terrour, upon which national justice is to be disarmed, and + the betrayers of publick counsels, or the plunderers of publick + treasure, qualified for new trusts, and set on a level with untainted + fidelity? A condition, my lords, which wretches like these will very + readily accept, the easy terms of information and of perjury. They are + required only to give evidence against a man marked out for destruction, + and the guilt of partaking in his crimes is to be effaced by the merit + of concurring in his ruin. +</p> +<p> + It has, indeed, been a method of detection, frequently employed against + housebreakers and highwaymen, to proclaim a pardon for him that shall + convict his accomplices; but surely, my lords, this practice will not, + in the present question, be mentioned as a precedent. Surely it will not + be thought equitable to level with felons, and with thieves, a person + distinguished by his rank, his employments, his abilities, and his + services; a person, whose loyalty to his sovereign has never been called + in question, and whose fidelity to his country has at least never been + disproved. +</p> +<p> + These are measures, my lords, which I hope your lordships will never + concur to promote; measures not supported either by law or justice, or + enforced by any exigence of affairs, but dictated by persecution, + malice, and revenge; measures by which the guilty and the innocent may + be destroyed with equal facility, and which must, therefore, tend to + encourage wickedness as they destroy the security of virtue. +</p> +<p> + Lord CARTERET then rose, and spoke to the following effect:—My lords, I + have so long honoured the abilities, and so often concurred with the + opinion of the noble lord who began the debate, that I cannot, without + unusual concern, rise up now to speak in opposition to him; nor could + any other principle support me under the apparent disadvantage of a + contest so unequal, but the consciousness of upright intentions, and the + concurrence of the whole nation. +</p> +<p> + I cannot but consider myself, on this occasion, my lords, as the + advocate of the people of Britain, who, after continued oppressions, + losses, and indignities, after having been plundered and ridiculed, + harassed and insulted for complaining, have at length flattered + themselves that they should have an opportunity of appealing to our bar + for justice, and of securing themselves from future injuries, by the + punishment of those that had so long triumphed in their guilt, + proclaimed their defiance of justice, and declared that the laws were + made only for their security. +</p> +<p> + The expectations of the people have been frustrated by the unexpected + obstinacy of the agents of wickedness, by a plea that was never made use + of for the same purpose before, against which the known laws of the + nation have provided no remedy, and which your lordships are, therefore, + now called upon to overthrow. +</p> +<p> + That the nation calls loudly for an inquiry, that the misapplication of + the publick treasure is universally suspected, and that the person + mentioned in the bill is believed to be the chief author of that + misapplication; that at least those who have squandered it, have acted + by his authority, and been admitted to trust by his recommendation, and + that he is, therefore, accountable to the publick for their conduct, I + shall suppose, cannot be denied. +</p> +<p> + The nation, my lords, has a right to be gratified in their demands of an + inquiry, whatever be the foundation of their suspicions; since it is + manifest that it can produce no other effects than those of giving new + lustre to innocence, and quieting the clamours of the people, if it + should be found that the government has been administered with honesty + and ability; and it is not less evident that, if the general opinion is + well grounded, if our interest has been betrayed, and that money + employed only to corrupt the nation which was raised for the defence of + it, the severest punishment ought to be inflicted, that all future + ministers may be deterred from the same crimes by exemplary vengeance. +</p> +<p> + Thus, my lords, an inquiry appears, upon every supposition, useful and + necessary; but I cannot comprehend how it can be prosecuted by any other + method, than that of proposing an indemnity to those who shall make + discoveries. Every wicked measure, my lords, must involve in guilt all + who are engaged in it; and how easily it may be concealed from every + other person, may be shown by an example of a crime, which no man will + deny to have sometimes existed, and which, in the opinion of most, is + not very uncommon in this age. +</p> +<p> + It will be allowed, at least, that on some occasions, when a favourite + begins to totter, when strong objections are raised against the + continuance of a standing army, when a convention requires the + ratification of the legislature, or some fatal address is proposed to be + presented to the crown, a pecuniary reward may sometimes be offered, and + though that, indeed, be a supposition more difficult to be admitted, + sometimes, however rarely, accepted. +</p> +<p> + In this case, my lords, none but he that gives, and he that receives the + bribe can be conscious of it; at most, we can only suppose an + intervening agent to have any knowledge of it; and if even he is + admitted to the secret, so as to be able to make a legal discovery, + there must be some defect of cunning in the principals. Let us consider + from which of these any discovery can be probably expected, or what + reason can be alleged, for which either should expose himself to + punishment for the sake of ruining his associates. +</p> +<p> + It is, therefore, my lords, plain, from this instance, that without the + confession of some guilty person, no discovery can be made of those + crimes which are most detrimental to our happiness, and most dangerous + to our liberties. It is apparent that no man will discover his own + guilt; while there remains any danger of suffering by his confession, it + is certain that such crimes will be committed, if they are not + discouraged by the fear of punishment, and it cannot, therefore, be + denied that a proclamation of indemnity is necessary to their detection. +</p> +<p> + This, my lords, is not, as it has been alleged, a method unknown to our + constitution, as every man that reads the common papers will easily + discover. I doubt if there has been, for many years, a single month in + which some reward, as well as indemnity, has not been promised to any + man, who, having been engaged in a robbery, would discover his + confederates; and surely a method that is daily practised for the + security of private property, may be very rationally and justly adopted + by the legislature for the preservation of the happiness and the + property of the publick. +</p> +<p> + The punishment of wickedness, my lords, is undoubtedly one of the + essential parts of good government, and, in reality, the chief purpose + for which society is instituted; for how will that society in which any + individual may be plundered, enslaved, and murdered, without redress and + without punishment, differ from the state of corrupt nature, in which + the strongest must be absolute, and right and power always the same? +</p> +<p> + That constitution, therefore, which has not provided for the punishment, + and previously for the discovery of guilt, is so far in a state of + imperfection, and requires to be strengthened by new provisions. This, + my lords, is far from being our state, for we have in our hands a method + of detecting the most powerful criminals, a method in itself agreeable + to reason, recommended by the practice of our predecessors, and now + approved, once more, by the sanction of one of the branches of the + legislature. +</p> +<p> + The objections which have, on this occasion, been made against it, are + such as no law can escape, and which, therefore, can have no weight; and + it is no small confirmation of the expediency of it, that they by whom + it has been opposed have not been able to attack it with stronger + reasons, from which, if we consider their abilities, we shall be + convinced, that nothing has secured it but the power of truth. +</p> +<p> + It is inquired, by the noble lord, how we shall distinguish true from + false evidence; to which it may be very readily answered, that we shall + distinguish them by the same means as on any other occasion, by + comparing the allegations, and considering how every witness agrees with + others and with himself, how far his assertions are in themselves + probable, how they are confirmed or weakened by known circumstances, and + how far they are invalidated by the contrary evidence. +</p> +<p> + We shall, my lords, if we add our sanction to this bill, discover when + any man's accusation is prompted by his interest, as we might know + whether it was dictated by his malice. +</p> +<p> + It has been asked also, how any man can ascertain his claim to the + indemnity? To which it may be easily replied, that by giving his + evidence he acquires a right, till that evidence shall be proved to be + false. +</p> +<p> + The noble lord who spoke some time ago, and whose abilities and + qualities are such, that I cannot but esteem and admire him, even when + conviction obliges me to oppose him, has proposed a case in which he + seems to imagine that a murderer might secure himself from punishment, + by connecting his crime with some transaction in which the earl of + ORFORD should be interested. This case, my lords, is sufficiently + improbable, nor is it easy to mention any method of trial in which some + inconvenience may not be produced, in the indefinite complications of + circumstances, and unforeseen relations of events. It is known to have + happened once, and cannot be known not to have happened often, that a + person accused of murder, was tried by a jury of which the real murderer + was one. Will not this then be an argument against the great privilege + of the natives of this empire, <i>a trial by their equals?</i> +</p> +<p> + But, my lords, I am of opinion that the murderer would not be + indemnified by this bill, since he did not commit the crime by the + direction of the person whom he is supposed to accuse; nor would it have + any necessary connexion with his conduct, but might be suppressed in the + accusation, without any diminution of the force of the evidence. A man + will not be suffered to introduce his accusation with an account of all + the villanies of his whole life, but will be required to confine his + testimony to the affair upon which he is examined. +</p> +<p> + The committee, my lords, will distinguish between the crimes perpetrated + by the direction of the earl of ORFORD, and those of another kind. And + should an enormous criminal give such evidence, as the noble lord was + pleased to suppose, he may be indemnified for the bribery, but will be + hanged for the murder, notwithstanding any thing in this bill to the + contrary. +</p> +<p> + It has been insisted on by the noble lords, who have spoke against the + bill, that no crime is proved, and, therefore, there is no foundation + for it. But, my lords, I have always thought that the profusion of the + publick money was a crime, and there is evidently a very large sum + expended, of which no account has been given; and, what more nearly + relates to the present question, of which no account has ever been + demanded. +</p> +<p> + On this occasion, my lords, an assertion has been alleged, which no + personal regard shall ever prevail upon me to hear without disputing it, + since I think it is of the most dangerous tendency, and unsupported by + reason or by law. It is alleged, my lords, that the civil list is not to + be considered as publick money, and that the nation has, therefore, no + claim to inquire how it is distributed; that it is given to support the + dignity of the crown, and that only his majesty can ask the reason of + any failures in the accounts of it. +</p> +<p> + I have, on the contrary, my lords, hitherto understood, that all was + publick money which was given by the publick. The present condition of + the crown is very different from that of our ancient monarchs, who + supported their dignity by their own estates. I admit, my lords, that + they might at pleasure contract or enlarge their expenses, mortgage or + alienate their lands, or bestow presents and pensions without control. +</p> +<p> + It is, indeed, expressed in the act, that the grants of the civil list + are without account, by which I have hitherto understood only that the + sum total is exempt from account; not that the ministers have a right to + employ the civil list to such purposes as they shall think most + conducive to their private views. For if it should be granted, not only + that the nation has no right to know how the <i>whole</i> is expended, which + is the utmost that can be allowed, or to direct the application of any + part of it, which is very disputable, yet it certainly has a claim to + direct in what manner it shall <i>not</i> be applied, and to provide that + boroughs are not corrupted under pretence of promoting the dignity of + the crown. +</p> +<p> + The corruption of boroughs, my lords, is one of the greatest crimes of + which any man under our constitution is capable; it is to corrupt, at + once, the fountain and the stream of government, to poison the whole + nation at once, and to make the people wicked, that they may infect the + house of commons with wicked representatives. +</p> +<p> + Such, my lords, are the crimes, the suspicion of which incited the + commons to a publick inquiry, in which they have been able to proceed so + far, as to prove that the publick discontent was not without cause, and + that such arts had been practised, as it is absolutely necessary, to the + publick security, to detect and punish. +</p> +<p> + They, therefore, pursued their examination with a degree of ardour + proportioned to the importance of the danger in which every man is + involved by the violation of the fundamental laws of the constitution; + but, they found themselves obstructed by the subtilty of some who + confessed only that they were guilty, and determined to be faithful to + their accomplices and themselves. +</p> +<p> + A farther inquiry, my lords, was, by this unforeseen evasion, made + impossible; the ultimate and principal agent is sheltered from the law + by his guard of mercenaries, wretches who are contented to be infamous, + if they can continue to be rich, and value themselves on their adherence + to their master, while they are conspiring to ruin their country. +</p> +<p> + The nation, my lords, in the mean time, justly applies for redress to + the power of the legislature, and to its wisdom for methods of procuring + it by law. The commons have complied with their importunities, and + propose to your lordships the bill before you, a bill for making a + publick inquiry possible, and for bringing a minister within reach of + the law. +</p> +<p> + On this occasion, my lords, we are upbraided with our own declarations, + that the person mentioned in this bill would quickly find accusers, when + he should be divested of his authority. Behold him now, say his + advocates, reduced from his envied eminence, and placed on a level with + his fellow-subjects! Behold him no longer the distributer of + employments, or the disburser of the publick treasure! see him divested + of all security, but that of innocence, and yet no accusations are + produced! +</p> +<p> + This, my lords, is a topick so fruitful of panegyrick, and so happily + adapted to the imagination of a person long used to celebrate the wisdom + and integrity of ministers, that, were not the present question of too + great importance to admit of false concessions, I should suffer it to + remain without controversy. +</p> +<p> + But, my lords, this is no time for criminal indulgence; and, therefore, + I shall annihilate this short-lived triumph by observing, that to be out + of place, is not necessarily to be out of power; a minister may retain + his influence, who has resigned his employment; he may still retain the + favour of his prince, and possess him with a false opinion, that he can + only secure his authority by protecting him; or, what there is equal + reason to suspect, his successours may be afraid of concurring in a law + which may hereafter be revived against themselves. +</p> +<p> + It may be urged farther, my lords, that he cannot with great propriety + be said to have no power, who sees the legislature crowded with men that + are indebted to his favour for their rank and their fortunes. +</p> +<p> + Such a man may bid defiance to inquiry, with confidence produced by + security very different from that of innocence; he may depend upon the + secrecy of those whom he has, perhaps, chosen for no other virtue; he + may know that common danger will unite them to him, and that they cannot + abandon him without exposing themselves to the same censures. +</p> +<p> + These securities, my lords, the fortifications of the last retreat of + wickedness, remain now to be broken, and the nation expects its fate + from our determinations, which will either secure the liberties of our + posterity from violation, by showing that no degree of power can shelter + those who shall invade them, or that our constitution is arrived at this + period, and that all struggles for its continuance will be vain. +</p> +<p> + Let us not, my lords, combine with the publick enemies, let us not give + the nation reason to believe that this house is infected with the + contagion of venality, that our honour is become an empty name, and that + the examples of our ancestors have no other effect upon us than to raise + the price of perfidy, and enable us to sell our country at a higher + rate. +</p> +<p> + Let us remember, my lords, that power is supported by opinion, and that + the reverence of the publick cannot be preserved but by rigid justice + and active beneficence. +</p> +<p> + For this reason, I am far from granting that we ought to be cautious of + charging those with crimes who have the honour of a seat amongst us. In + my opinion, my lords, we ought to be watchful against the least + suspicion of wickedness in our own body, we ought to eject pollution + from our walls, and preserve that power for which some appear so + anxious, by keeping our reputation pure and untainted. +</p> +<p> + It is, therefore, to little purpose objected, that there is no <i>corpus + delicti;</i> for even, though it were true, yet while there is a <i>corpus + suspicionis,</i> then inquiry ought to be made for our own honour, nor can + either law or reason be pleaded against it. +</p> +<p> + I cannot, therefore, doubt, that your lordships will endeavour to do + justice; that you will facilitate the production of oral evidence, lest + all written proofs should be destroyed; that you will not despise the + united petition of the whole people, of which I dread the consequence; + nor reject the only expedient by which their fears may be dissipated, + and their happiness secured. +</p> +<p> + Lord HARDWICKE spoke next, in the following manner:—My lords, after + having, with an intention uninterrupted by any foreign considerations, + and a mind intent only on the discovery of truth, examined every + argument which has been urged on either side, I think it my duty to + declare, that I have yet discovered no reason, which, in my opinion, + ought to prevail upon us to ratify the bill that is now before us. +</p> +<p> + The noble lords who have defended it, appear to reason more upon maxims + of policy, than rules of law, or principles of justice; and seem to + imagine, that if they can prove it to be expedient, it is not necessary + to show that it is equitable. +</p> +<p> + How far, my lords, they have succeeded in that argument which they have + most laboured, I think it not necessary to examine, because I have + hitherto accounted it an incontestable maxim, that whenever interest and + virtue are in competition, virtue is always to be preferred. +</p> +<p> + The noble lord who spoke first in this debate, has proved the + unreasonableness and illegality of the methods proposed in this bill, + beyond the possibility of confutation; he has shown that they are + inconsistent with the law, and-that the law is founded upon reason: he + has proved, that the bill supposes a criminal previous to the crime, + summons the man to a trial, and then inquires for what offence. +</p> +<p> + Nor has he, my lords, confined himself to a detection of the original + defect, the uncertainty of any crime committed, but has proceeded to + prove, that upon whatever supposition we proceed, the bill is + unequitable, and of no other tendency than to multiply grievances, and + establish a precedent of oppression. +</p> +<p> + For this purpose he has shown, that no evidence can be procured by this + till, because all those who shall, upon the encouragement proposed in + it, offer information, must be considered as hired witnesses, to whom no + credit can be given, and who, therefore, ought not to be heard. +</p> +<p> + His lordship also proved, that we cannot pass this bill without + diminishing our right, bestowing new powers upon the commons, confirming + some of their claims which are most dubious, nor, by consequence, + without violating the constitution. +</p> +<p> + To all these arguments, arguments drawn from the most important + considerations, enforced by the strongest reasoning, and explained with + the utmost perspicuity, what has been replied? How have any of his + assertions been invalidated, or any of his reasons eluded? How has it + been shown that there is any foundation for a criminal charge, that + witnesses thus procured ought to be heard, or that our rights would not + be made disputable by confirming the proceedings of the commons? +</p> +<p> + It has been answered by a noble lord, that though there is not <i>corpus + delicti</i>, there is <i>corpus suspicionis</i>. What may be the force of this + argument, I cannot say, because I am not ashamed to own, that I do not + understand the meaning of the words. I very well understand what is + meant by <i>corpus delicti,</i> and so does every other lord; it is + universally known to mean the <i>body of an offence;</i> but as to the words + <i>corpus suspicionis,</i> I do not comprehend what they mean: it is an + expression, indeed, which I never before heard, and can signify, in my + apprehension, nothing more than the <i>body of a shadow,</i> the substance of + something which is itself nothing. +</p> +<p> + Such, my lords, is the principle of this bill, by the confession of its + warmest and ablest advocates; it is a bill for summoning a person to a + trial, against whom no crime is alleged, and against whom no witness + will appear without a bribe. +</p> +<p> + For that those who should appear in consequence of this bill to offer + their evidence, ought to be considered as bribed, will, surely, need no + proof to those who consider, that bribes are not confined to money, and + that every man who promotes his own interest by his deposition, is + swearing, not for truth and justice, but for himself. +</p> +<p> + It may be urged, and it is, in my opinion, all that the most fruitful + imagination can suggest in favour of this bill, that they are not + required to accuse the earl of ORFORD, but to give in their evidence + concerning his conduct, whether in his favour, or against him. +</p> +<p> + But this argument, my lords, however specious it may seem, will vanish + of itself, if the bill be diligently considered, which is only to confer + indemnity on those, who in the course of their evidence shall discover + any of their own crimes; on those whose testimony shall tend to fix some + charge of wickedness on the earl of ORFORD; for it cannot easily be + imagined how those who appear in his favour, should be under a necessity + of revealing any actions that require an indemnity. +</p> +<p> + Thus, my lords, it appears that the bill can produce no other effect + than that of multiplying accusations, since it offers rewards only to + those who are supposed to have been engaged in unjustifiable practices; + and to procure witnesses by this method, is equally unjust as to propose + a publick prize to be obtained by swearing against any of your + lordships. +</p> +<p> + If witnesses are to be purchased, we ought, at least, to offer an equal + price on each side, that though they may be induced by the reward to + offer their depositions, they may not be tempted to accuse rather than + to justify. +</p> +<p> + Should any private man, my lords, offer a reward to any that would give + evidence against another, without specifying the crime of which he is + accused, doubtless he would be considered by the laws of this nation, as + a violator of the rights of society, an open slanderer, and a disturber + of mankind; and would immediately, by an indictment or information, be + obliged to make satisfaction to the community which he had offended, or + to the person whom he had injured. +</p> +<p> + It has, my lords, I own, been asserted by the noble duke, that the + publick has a right to every man's evidence, a maxim which in its proper + sense cannot be denied. For it is undoubtedly true, that the publick has + a right to all the assistance of every individual; but it is, my lords, + upon such terms as have been established for the general advantage of + all; on such terms as the majority of each society has prescribed. But, + my lords, the majority of a society, which is the true definition of the + <i>publick,</i> are equally obliged with the smaller number, or with + individuals, to the observation of justice, and cannot, therefore, + prescribe to different individuals different conditions. They cannot + decree that treatment to be just with regard to one which they allow to + be cruel with respect to another. The claims of the publick are founded, + first upon right, which is invariable; and next upon the law, which, + though mutable in its own nature, is, however, to be so far fixed, as + that every man may know his own condition, his own property, and his own + privileges, or it ceases in effect to be law, it ceases to be the rule + of government, or the measure of conduct. +</p> +<p> + In the present case, my lords, the publick has not a right to hire + evidence, because the publick has hitherto subsisted upon this + condition, among others, that no man shall swear in his own cause. The + publick has not a right to require from any man that he should betray + himself, because every man may plead that he is exempted from that + demand by the publick faith. +</p> +<p> + Thus, my lords, the right of the publick is only that right which the + publick has established by law, and confirmed by continual claims; nor + is the claim of the publick from individuals to be extended beyond its + known bounds, except in times of general distress, where a few must + necessarily suffer for the preservation of the rest. +</p> +<p> + This necessity is, indeed, now urged; but surely it ought to be shown, + that the present circumstances of affairs differ from those of any + former age, before it can with any propriety he asserted, that measures + are now necessary, which no other distresses, however urgent, or + provocations, however flagrant, have hitherto produced. It ought to be + proved, that wickedness had discovered some new shelter from justice, + before new engines are invented to force it from its retreat, and new + powers applied to drag it out to punishment. +</p> +<p> + The nation has subsisted, my lords, so many centuries; has often + recovered from the lingering disease of inward corruption, and repelled + the shocks of outward violence; it has often been endangered by corrupt + counsels, and wicked machinations, and surmounted them by the force of + its established laws, without the assistance of temporary expedients; at + least without expedients like this, which neither law nor justice can + support, and which would in itself be a more atrocious grievance than + those, if they were real, which it is intended to punish, and might + produce far greater evils than those which are imputed to him, against + whom it is projected. +</p> +<p> + It has, indeed, my lords, been mentioned by a noble lord, in much softer + language, as a method only of making an inquiry possible. The + possibility of an inquiry, my lords, is a very remote and inoffensive + idea; but names will not change the nature of the things to which they + are applied. The bill is, in my opinion, calculated to make a defence + impossible, to deprive innocence of its guard, and to let loose + oppression and perjury upon the world. It is a bill to dazzle the wicked + with a prospect of security, and to incite them to purchase an indemnity + for one crime, by the perpetration of another. It is a bill to confound + the notions of right and wrong, to violate the essence of our + constitution, and to leave us without any certain security for our + properties, or rule for our actions. +</p> +<p> + Nor are the particular parts less defective than the general foundation; + for it is full of ambiguous promises, vague ideas, and indeterminate + expressions, of which some have been already particularized by the noble + lords that have spoken on this occasion, whose observations I shall not + repeat, nor endeavour to improve; but cannot forbear proposing to the + advocates for the bill one sentence, that it may be explained by them, + and that at least we may not pass what we do not understand. +</p> +<p> + In the inquiry into the conduct of the earl of ORFORD, every man, as we + have already seen, is invited to bring his evidence, and to procure an + indemnity, by answering such questions as shall be asked, <i>touching or + concerning the said inquiry, or relative thereto</i>. What is to be + understood by this last sentence, I would willingly be informed; I would + hear how far the <i>relation</i> to the inquiry is designed to be extended, + with what other <i>inquiries</i> it is to be complicated, and where the chain + of interrogatories is to have an end. +</p> +<p> + When an evidence appears before the committee, how can he be certain + that the questions asked are <i>relative to the inquiry?</i> How can he be + certain that they are such as he may procure an indemnity by resolving? + Or whether they are not unconnected with the principal question, and + therefore insidious and dangerous? And to what power must he appeal, if + he should be prosecuted afterwards upon his own confession, on pretence + that it was not <i>relative to the inquiry?</i> +</p> +<p> + Expressions like these, my lords, if they are not the effects of + malicious hurry, and negligent animosity, must be intended to vest the + committee with absolute authority, with the award of life and death, by + leaving to them the liberty to explain the statute at their own + pleasure, to contract or enlarge the relation to the controversy, to + inquire without bounds, and judge without control. +</p> +<p> + Thus, my lords, I have laid before you my opinion of this bill without + any partial regard, without exaggerating the ill consequences that may + be feared from it, or endeavouring to elude any reasoning by which it + has been defended. I have endeavoured to pursue the arguments of the + noble lord who spoke first, and to show that it is founded upon false + notions of criminal justice, that it proposes irrational and illegal + methods of trial, that it will produce consequences fatal to our + constitution, and establish a precedent of oppression. +</p> +<p> + I have endeavoured, in examining the arguments by which the bill has + been defended, to show that the rights of the publick are ascertained, + and that the power of the majority is to be limited by moral + considerations; and to prove, in discussing its particular parts, that + it is inaccurate, indeterminate, and unintelligible. +</p> +<p> + What effects my inquiry may have had upon your lordships, yourselves + only can tell; for my part, the necessity of dwelling so long upon the + question, has added new strength to my conviction; and so clearly do I + now see the danger and injustice of a law like this, that though I do + not imagine myself indued with any peculiar degree of heroism, I + believe, that if I were condemned to a choice so disagreeable, I should + more willingly suffer by such a bill passed in my own case, than consent + to pass it in that of another. +</p> +<p> + The duke of ARGYLE replied to the following effect:—My lords, I am not + yet able to discover that the bill now before us is either illegal or + absurd, that its interpretation is doubtful, or its probable + consequences dangerous. +</p> +<p> + The indisputable maxim, that <i>the publick has a right to every man's + evidence,</i> has been explained away with much labour, and with more art + than a good cause can often require. We have been told of publick + contracts, of the rights of society with regard to individuals, and the + privileges of individuals with respect to society; we have had one term + opposed to another, only to amuse our attention; and law, reason, and + sophistry have been mingled, till common sense was lost in the + confusion. +</p> +<p> + But, my lords, it is easy to disentangle all this perplexity of ideas, + and to set truth free from the shackles of sophistry, by observing that + it is, in all civilized nations of the world, one of the first + principles of the constitution, that the publick has a right, always + reserved, of having recourse to extraordinary methods of proceeding, + when the happiness of the community appears not sufficiently secured by + the known laws. +</p> +<p> + Laws may, by those who have made the study and explanation of them the + employment of their lives, be esteemed as the great standard of right; + they may be habitually reverenced, and considered as sacred in their own + nature, without regard to the end which they are designed to produce. +</p> +<p> + But others, my lords, whose minds operate without any impediment from + education, will easily discover, that laws are to be regarded only for + their use; that the power which made them only for the publick advantage + ought to alter or annul them, when they are no longer serviceable, or + when they obstruct those effects which they were intended to promote. +</p> +<p> + I will, therefore, my lords, still assert, that <i>the publick has a right + to every man's evidence;</i> and that to reject any bill which can have no + other consequence than that of enabling the nation to assert its claim, + to reconcile one principle of law with another, and to deprive villany + of an evasion which may always be used, is to deny justice to an + oppressed people, and to concur in the ruin of our country. +</p> +<p> + And farther, my lords, I confidently affirm it has not been proved, that + this bill can endanger any but the guilty; nor has it been shown that it + is drawn up for any other purpose than that which the noble lord + mentioned, of hindering <i>an inquiry from being impossible;</i> it may, + therefore, justly be required from those who affect, on this occasion, + so much tenderness for liberty, so many suspicions of remote designs, + and so much zeal for our constitution, to demonstrate, that either an + inquiry may be carried on by other means, or that an inquiry is itself + superfluous or improper. +</p> +<p> + Though none of those who have spoken against the bill have been willing + to expose themselves to universal indignation, by declaring that they + would gladly obstruct the progress of the inquiry; that they designed to + throw a mist over the publick affairs, and to conceal from the people + the causes of their misery; and though I have no right to charge those + who differ from me in opinion, with intentions, which, as they do not + avow them, cannot be proved; this, however, I will not fear to affirm, + that those who are for rejecting this method of inquiry, would consult + their honour by proposing some other equally efficacious; lest it should + be thought; by such as have not any opportunities of knowing their + superiority to temptations, that they are influenced by some motives + which they are not willing to own, and that they are, in secret, enemies + to the inquiry, though, in publick, they only condemn the method of + pursuing it. +</p> +<p> + The duke of NEWCASTLE next rose, and spoke to this effect:—My lords, + the arguments which have been produced in defence of the bill before us, + however those who offer them may be influenced by them, have made, + hitherto, very little impression upon me; my opinion of the impropriety + and illegality of this new method of prosecution, still continues the + same; nor can it be expected that I should alter it, till those reasons + have been answered which have been offered by the noble lord who spoke + first in the debate. +</p> +<p> + The advocates for the bill seem, indeed, conscious of the insufficiency + of their arguments, and have, therefore, added motives of another kind; + they have informed us, that our power subsists upon our reputation, and + that our reputation can only be preserved by concurring in the measures + recommended by the commons; they have insinuated to us, that he who + obstructs this bill, will be thought desirous to obstruct the inquiry, + to conspire the ruin of his country, and to act in confederacy with + publick robbers. +</p> +<p> + But, my lords, whether the nation is really exasperated to such a degree + as is represented, whether it is the general opinion of mankind that the + publick affairs have been unfaithfully administered, and whether this + bill has been dictated by a desire of publick justice, or of private + revenge, I have not thought it necessary to inquire; having long learned + to act in consequence of my own conviction, not of the opinions of + others, at least, not of those who determine upon questions which they + cannot understand, and judge without having ever obtained an opportunity + of examining. +</p> +<p> + Such, my lords, must be the opinions of the people upon questions of + policy, opinions not formed by reflection, but adopted from those whom + they sometimes, with very little reason, imagine nearer spectators of + the government than themselves, and in whom they place an implicit + confidence, on account of some casual act of popularity. +</p> +<p> + I shall not, therefore, think the demands of the people a rule of + conduct, nor shall ever fear to incur their resentment in the + prosecution of their interest. I shall never flatter their passions to + obtain their favour, or gratify their revenge for fear of their + contempt. The inconstancy, my lords, of publick applause, all of us have + observed, and many of us have experienced; and we know that it is very + far from being always the reward of merit. We know that the brightest + character may be easily darkened by calumny; that those who are + labouring for the welfare of the publick, may be easily represented as + traitors and oppressors; and that the people may quickly be persuaded to + join in the accusation. +</p> +<p> + That the people, however deceived, have a right to accuse whomsoever + they suspect, and that their accusation ought to be heard, I do not + deny; but surely, my lords, the opinion of the people is not such a + proof of guilt as will justify a method of prosecution never known + before, or give us a right to throw down the barriers of liberty, and + punish by power those whom we cannot convict by law. +</p> +<p> + Let any of your lordships suppose himself by some accident exposed to + the temporary malice of the populace, let him imagine his enemies + inflaming them to a demand of a prosecution, and then proposing that he + should be deprived of the common methods of defence, and that evidence + should be hired against him, lest the publick should be disappointed, + and he will quickly discover the unreasonableness of this bill. +</p> +<p> + I suppose no man will deny, that methods of prosecution introduced on + one occasion, may be practised on another; and that in the natural + rotations of power, the same means may be used for very different ends. + Nothing is more probable, my lords, if a bill of this kind should be + ever passed, in compliance with the clamours of the people, to punish + ministers, and to awe the court, than that it may in time, if a wicked + minister should arise, be made a precedent for measures by which the + court may intimidate the champions of the people; by which those may be + pursued to destruction, who have been guilty of no other crime than that + of serving their country in a manner which those who are ignorant of the + circumstances of affairs, happen to disapprove. +</p> +<p> + The measures now proposed, my lords, are, therefore, to be rejected, + because it is evident that they will establish a precedent, by which + virtue may at any time be oppressed, but which can be very seldom + necessary for the detection of wickedness; since there is no probability + that it will often happen, that a man really guilty of enormous crimes + can secure himself from discovery, or connect others with him in such a + manner, that they cannot impeach him without betraying themselves. +</p> +<p> + But, my lords, whenever virtue is to be persecuted, whenever false + accusations are to be promoted, this method is incontestably useful; for + no reward can so efficaciously prevail upon men who languish in daily + fear of publick justice, as a grant of impunity. +</p> +<p> + It may be urged, my lords, I own, that all inquiries into futurity are + idle speculations; that the expedient proposed is proper on the present + occasion, and that no methods of justice are to be allowed, if the + possibility of applying them to bad purposes, is a sufficient reason for + rejecting them. +</p> +<p> + But to this, my lords, it may be answered with equal reason, that every + process of law is likewise, in some degree, defective; that the + complications of circumstances are variable without end, and, therefore, + cannot be comprised in any certain rule; and that we must have no + established method of justice, if we cannot be content with such as may + possibly be sometimes eluded. +</p> +<p> + And, my lords, it may be observed farther, that scarcely any practice + can be conceived, however generally unreasonable and unjust, which may + not be sometimes equitable and proper; and that if we are to lay aside + all regard to futurity, and act merely with regard to the present + exigence, it may be often proper to violate every part of our + constitution. This house may sometimes have rejected bills beneficial to + the nation; and if this reasoning be allowed, it might have been wise + and just in the commons and the emperour to have suspended our authority + by force, to have voted us useless on that occasion, and have passed the + law without our concurrence. +</p> +<p> + With regard to the establishment of criminal prosecutions, as well as to + our civil rights, we are, my lords, to consider what is, upon the whole, + most for the advantage of the publick; we are not to admit practices + which may be sometimes useful, but may be often pernicious, and which + suppose men better or wiser than they are. We do not grant absolute + power to a wise and moderate prince, because his successours may inherit + his power without his virtues; we are not to trust or allow new methods + of prosecution upon an occasion on which they may seem useful, because + they may be employed to purposes very different from those for which + they were introduced. +</p> +<p> + Thus, my lords, I have shown the impropriety of the bill now before us, + upon the most favourable supposition that can possibly be made; a + supposition of the guilt of the noble person against whom it is + contrived. And surely, my lords, what cannot even in that case be + approved, must, if we suppose him innocent, be detested. +</p> +<p> + That he is really innocent, my lords, that he is only blackened by + calumny, and pursued by resentment, cannot be more strongly proved than + by the necessity to which his enemies are reduced, of using expedients + never heard of in this nation before, to procure accusations against + him; expedients which they cannot show to have been at any time + necessary for the punishment of a man really wicked, and which, by + bringing guilt and innocence into the same danger, leave us at liberty + to imagine, that he is clear from the crimes imputed to him, even in the + opinion of those who pursue him with the fiercest resentment, and the + loudest clamours. +</p> +<p> + It may well be imagined, my lords, that those whom he has so long + defeated by his abilities, see themselves now baffled by his innocence; + and that they only now persecute his character, to hide the true reason + for which they formerly attacked his power. +</p> +<p> + I hope, my lords, I shall be easily forgiven for observing, that this is + a testimony of uncorrupted greatness, more illustrious than any former + minister has ever obtained; for when was it known, my lords, that after + a continuance of power for twenty years, any man, when his conduct + became the subject of publick examination, was without accusers? +</p> +<p> + I cannot, for my part, but congratulate the noble person upon his + triumph over malice; malice assisted by subtilty and experience, by + wealth and power, which is at length obliged to confess its impotence, + to call upon us to assist it with new laws, to enable it to offer a + reward for evidence against him, and throw down the boundaries of + natural justice, that he may be harassed, censured, and oppressed, upon + whom it cannot be proved that he ever deviated from the law, or employed + his power for any other end than the promotion of the publick happiness. +</p> +<p> + Had the officers of the crown, my lords, when his influence was + represented so great, and his dominion so absolute, projected any such + measures for his defence; had they proposed to silence his opponents by + calling them to a trial, and offered a stated price for accusations + against them, how loudly would they have been charged with the most + flagrant violation of the laws, and the most open disregard of the + rights of nature; with how much vehemence would it have been urged, that + they were intoxicated with their success, and that in the full security + of power they thought themselves entitled to neglect the great + distinctions of right and wrong, and determined to employ the law for + the completion of those purposes, in which justice would give them no + assistance. +</p> +<p> + I doubt not that your lordships will easily perceive, that this censure + is equally just in either case; that you will not allow any man to be + prosecuted by methods which he ought not to have used in his own case; + that you will not expose any man to hardships, from which every other + member of the community is exempt; that you will not suffer any man to + be tried by hired evidence; and that you will not condemn him whom the + law acquits. +</p> +<p> + Lord BATHURST spoke next, in substance as follows:—My lords, the + question under our consideration has been so long and so accurately + debated, that little can be added to the arguments on either side; and + therefore, though I think it necessary on so important an occasion, to + make a solemn declaration of my opinion, I shall endeavour to support + it, not so much by any arguments of my own, as by a recapitulation and + comparison of those which have been already heard by your lordships. +</p> +<p> + It has not been denied, that the punishment of crimes is absolutely + necessary to the publick security; and as it is evident, that crimes + cannot be punished unless they are detected, it must be allowed, that + the discovery of wicked measures ought to be, in a very great degree, + the care of those who are intrusted with the government of the nation; + nor can they better discharge their trust, than by defeating the + artifices of intrigue, and blocking up the retreats of guilt. +</p> +<p> + This, likewise, my lords, is admitted with such restrictions as seem + intended to preclude any advantage that might be drawn from the + appearance of a concession; for it is urged, that guilt is not to be + detected by any methods which are not just, and that no methods are just + which are not usual. +</p> +<p> + The first position, my lords, I have no intention to controvert; as it + is not to violate justice, but to preserve it from violation, that this + bill has been projected or defended. But, my lords, it is to be + observed, that they who so warmly recommend the strictest adherence to + justice, seem not fully to understand the duty which they urge. To do + justice, my lords, is to act with impartiality, to banish from the mind + all regard to personal motives, and to consider every question in its + whole extent, without suffering the attention to be restrained to + particular circumstances, or the judgment to be obstructed by partial + affection. +</p> +<p> + This rule, my lords, seems not to have been very carefully observed, by + the most vehement advocates for justice in the case before us; for they + appear not to be solicitous that any should receive justice, but the + person mentioned in the bill; they do not remember, that the publick has + cried out for justice more than twenty years; for justice, which has not + yet been obtained, and which can be obtained only by the method now + proposed. +</p> +<p> + It is necessary, my lords, for those who are so watchful against the + breach of justice, to prove that any means can be unjust which have no + other tendency than the detection of wickedness, of wickedness too + artful or too powerful to be punished by the common rules of law. +</p> +<p> + The introduction of new methods of prosecution, is the natural + consequence of new schemes of villany, or new arts of evasion; nor is it + necessary that precedents should be produced, when the wisdom of the + legislature concurs in acknowledging the necessity of extraordinary + measures. Though our constitution is in the highest degree excellent, I + never yet heard that it was perfect, and whatever is not perfect may be + improved. Our laws, however wise, are yet the contrivance of human + policy; and why should we despair of adding somewhat to that which we + inherit from our ancestors? Why should we imagine, that they anticipated + every contingency, and left nothing for succeeding ages? +</p> +<p> + I think, my lords, with the highest regard both of our laws, and those + by whom they were enacted, but I look with no less veneration on this + illustrious assembly; I believe your lordships equal to your progenitors + in abilities; and therefore, since you cannot but outgo them in + experience, am confident that you may make improvements in the fabrick + which they have erected; that you may adorn it with new beauties, or + strengthen it with new supports. +</p> +<p> + It cannot, at least, be denied, that your lordships have all the power + of your ancestors; and since every law was once new, it is certain they + were far from imagining that there was always a necessity of inquiring + after precedents. If the argument drawn from the want of precedents be + now of any force, let it be proved that its force was less in any former + reign; and let it be considered how our government could have attained + its present excellence, had this house, instead of applying to every + grievance its proper remedy, been amused with turning over journals, and + looking upon every new emergence for precedents, of which it is certain + that there must have been a time in which they were not to be found. +</p> +<p> + In all regulations established by the legislature, it is sufficient that + they do not produce confusion by being inconsistent with former laws, + that they unite easily with our constitution, and do not tend to the + embarrassment of the machine of government. This consideration, my + lords, has been in a very remarkable manner regarded by those who drew + up the bill before us; a bill of which the noble duke has proved, that + it will be so far from perplexing our judicial proceedings, that it will + reconcile the law to itself, and free us from the necessity of obeying + one precept by the neglect of another. +</p> +<p> + The arguments of the noble duke are such as, in my opinion, cannot be + answered, or heard impartially without conviction. The maxims quoted by + him are each of them incontestably true; they are, on this occasion, + incompatible; and this is the only method by which they can be + reconciled. +</p> +<p> + Nor has he only shown the propriety of the bill by irrefragable reasons, + but has proved, likewise, that it is consistent, not only with the + constitution of our government, but with the practice of our ancestors; + he has shown, that it may be supported not only by reason, but by bills + of the same kind, enacted on occasions of far less importance. +</p> +<p> + He has proved, my lords, all that the most scrupulous inquirer can wish; + he has made it evident, that the bill would be proper, though it were + unprecedented; he has produced many precedents in support of it, and has + thereby evinced, that the only present question is, whether it is just? + To the precedents alleged by him, it has been objected, that they differ + in some particulars. But when, my lords, did any two actions, however + common, agree in every circumstance? Relations may be complicated + without end, and every new complication produces new appearances, which, + however, are always to be disregarded, while the constituent principles + remain unvaried. +</p> +<p> + If we consider the difficulties in which the opponents of the bill have + involved themselves, it will not be easy to think well of a cause, which + gives birth to such wild assertions, and extravagant opinions. They have + first, by requiring precedents, determined, that our constitution must + be henceforward for ever at a stand; and then, by declaring that no + precedents are of any weight, in which every circumstance is not + parallel to the case in debate, have debarred us from the repetition of + any occasional law; they have declared, almost in plain terms, + themselves useless, and destroyed that authority at once, which they + seem so much afraid of communicating to the commons. +</p> +<p> + But, by none of their arts of subtle distinction, my lords, have they + been able to evade the argument which arises from the conformity of this + bill to the common practice of our courts; an argument, which has + produced no other answer than loud declamations; against the indecency + of comparing with pickpockets and highwaymen, a noble person, a minister + of acknowledged merit, long graced with the favour of his sovereign, and + long invested with the highest trust. +</p> +<p> + I, my lords, am very far from pleasing myself with licentious or + indecent language; I am far from envying any man that exaltation which + he obtains either by good or by bad actions; and have no inclination of + levelling the person, whose conduct I desire to see examined, with the + profligate or infamous. Yet I cannot forbear to observe, that high rank + is an aggravation of villany; that to have enjoyed the favour of his + sovereign, is no defence of him that has abused it; and that high trust + is an honour only to that man, who, when he lays down his office, dares + stand an inquiry. +</p> +<p> + Had there been no precedent in our judicial proceedings, my lords, which + bore any resemblance to this bill, there would not from thence have + arisen any just objection. Common proceedings are established for common + occasions; and it seems to have been the principle of our ancestors, + that it is better to give ten guilty persons an opportunity of escaping + justice, than to punish one innocent person by an unjust sentence. A + principle which, perhaps, might not be erroneous in common cases, in + which only one individual was injured by another, or when the trial was, + by the law, committed to a common jury, who might easily be misled. +</p> +<p> + They might likewise imagine, my lords, that a criminal, encouraged by a + fortunate escape to a repetition of his guilt, would undoubtedly some + time fall into the hands of the law, though not extended on purpose to + seize him; and, therefore, they constituted their proceedings in such a + manner, that innocence might at least not be entrapped, though guilt + should sometimes gain a reprieve. +</p> +<p> + But in the present case, my lords, every circumstance requires a + different conduct. By the crimes which this bill is intended to detect, + not single persons, or private families, but whole nations, and all + orders of men have long been injured and oppressed; and oppressed with + such success, that the criminal has no temptation to renew his + practices; nor is there any danger of an erroneous sentence, because the + trial will be heard by this house, by persons whose integrity sets them + above corruption, and whose wisdom will not be deceived by false + appearances. +</p> +<p> + This consideration, my lords, affords an unanswerable reply to those who + represent the bill as ill-concerted, because the evidence to be procured + by it, is the testimony of men, partners, by their own confession, in + the crimes which they reveal. +</p> +<p> + Every court, my lords, examines the credibility of a witness; and the + known corruption of these men may be properly pleaded at the trial, + where your lordships will balance every circumstance with your known + impartiality, and examine how far every assertion is invalidated by the + character of the witness, and how far it is confirmed by a corroboratory + concurrence of known events, or supported by other testimonies not + liable to the same exception. +</p> +<p> + Thus, my lords, it may be observed how quickly the clouds are dispersed + with which interest or perverseness have endeavoured to obscure the + truth, and how easily the strongest objections which the greatest + abilities could raise against this bill are confuted, or how apparently, + when they are closely examined, they confute themselves. +</p> +<p> + One of the objections that requires no answer is that which has been + raised with regard to the extent of the indemnity offered in the bill, + which, in the opinion of those that opposed it, ought to be restrained + to particular persons. But that it is chiefly, if not solely, intended + to be applied to those who have refused to answer the questions of the + committee, I believe every lord in this house is fully convinced; it + was, however, necessary to draw it up in general terms, lest other + artifices might have been employed, and lest, by pointing out particular + persons, opportunity might have been given to deprive the publick of + their evidence, by prevailing upon them to withdraw. +</p> +<p> + The bill was justly styled, by a noble lord, a bill to prevent <i>an + inquiry from being impossible</i>. The difficulty of inquiries for the + publick is well known; and the difficulty arises chiefly from the + inability of the people to reward their advocates, or their evidence. + The state of the court, my lords, is very different; the crown can not + only pardon, but advance those that have, on any occasion, promoted its + interest; and I hope it will not be too much power to be for once + granted to the people, if they are empowered to throw a simple + indemnification into the balance, and try whether with the slight + addition of truth, and reason, and justice, it will be able to weigh + down titles, and wealth, and power. +</p> +<p> + It has been urged, that there is danger lest this bill should become a + precedent. I hope, my lords, the same occasion will not often happen; + and whenever it shall hereafter occur, the precedent of passing the bill + will be much less dangerous than that of rejecting it. +</p> +<p> + I hope it is not necessary to say more on this occasion; yet I cannot + forbear to remind some lords of the fatal consequences which at critical + conjunctures they have often dreaded, or appeared to dread, from a + disagreement of this house with the commons. At this time, in which the + nation is engaged in war, when the whole continent is one general scene + of discord and confusion; when the wisest counsels, the firmest + unanimity, and the most vigorous measures are apparently necessary, it + might not be improper to reflect, how unseasonably we shall irritate the + commons by rejecting this bill, and how justly we shall exasperate the + people, by showing them that their complaints and remonstrances are of + no weight; that they must expect the redress of their grievances from + some other power; and that we prefer the impunity of one man to the + happiness and safety of the publick. +</p> +<p> + Lord ISLAY spoke next to the following purpose:—My lords, as there has + in this debate been very frequent mention of extraordinary cases, of new + modes of wickedness, which require new forms of procedure, and new arts + of eluding justice, which make new methods of prosecution necessary, I + cannot forbear to lay before your lordships my sentiments on this + question; sentiments not so much formed by reflection as impressed by + experience, and which I owe not to any superiour degree of penetration + into future events, but to subsequent discoveries of my own errours. +</p> +<p> + I have observed, my lords, that in every collision of parties, that + occasion on which their passions are inflamed, is always termed an + extraordinary conjuncture, an important crisis of affairs, either + because men affect to talk in strong terms of the business in which they + are engaged, for the sake of aggrandizing themselves in their own + opinion and that of the world, or because the present object appears + greatest to their sight by intercepting others, and that is imagined by + them to be really most important in itself, by which their own pleasure + is most affected. +</p> +<p> + On these extraordinary occasions, my lords, the victorious have always + endeavoured to secure their conquest, and to gratify their passions by + new laws, by laws, even in the opinion of those by whom they are + promoted, only justifiable by the present exigence. And no sooner has a + new rotation of affairs given the superiority to another party, than + another law, equally unreasonable and equally new, is found equally + necessary for a contrary purpose. Thus is our constitution violated by + both, under the pretence of securing it from the attack of each other, + and lasting evils have been admitted for the sake of averting a + temporary danger. +</p> +<p> + I have been too long acquainted with mankind to charge any party with + insincerity in their conduct, or to accuse them of affecting to + represent their disputes as more momentous than they appeared to their + own eyes. I know, my lords, how highly every man learns to value that + which he has long contended for, and how easily every man prevails upon + himself to believe the security of the publick complicated with his own. + I have no other intention in these remarks, than to show how men are + betrayed into a concurrence in measures, of which, when the ardour of + opposition has subsided, and the imaginary danger is past, they have + very seldom failed to repent. +</p> +<p> + I do not remember, my lords, any deviation from the established order of + our constitution, which has not afterwards produced remorse in those + that advised it. I have known many endeavour to obviate the evils that + might be produced by the precedents which they have contributed to + establish, by publick declarations of their repentance, and + acknowledgments of their errour; and, for my part, I take this + opportunity of declaring, that though I have more than once promoted + extraordinary bills, I do not recollect one which I would not now + oppose, nor one of which experience has not shown me, that the danger is + greater than the benefit. +</p> +<p> + I have learned, at length, my lords, that our constitution has been so + formed by the wisdom of our ancestors, that it is able to protect itself + by its own powers, without any assistance from temporary expedients, + which, like some kinds of medicines in the human body, may give it the + appearance of uncommon vigour, but which, in secret, prey upon its + noblest parts, and hurry it to a sudden decay. +</p> +<p> + But none of all the measures into which I have seen parties precipitated + by acrimony and impetuosity, have I known parallel to the bill which is + now defended in this house; a bill which I hope we shall have reason to + term the wildest effort of misguided zeal, and the most absurd project + that the enthusiasm of faction ever produced. +</p> +<p> + The particular clauses of this bill have been already examined with + great acuteness and penetration, and have all been shown to be absurd or + useless. I shall, therefore, only add this observation, that the + indemnification, however liberally offered, will be wholly, at the + disposal of those who shall receive the examinations, by whom, when such + discoveries are not made as they may happen to expect, the witnesses may + be charged with reserve and insincerity, and be prosecuted for those + crimes which could never have been known but by their own confession. +</p> +<p> + It is not impossible, but that if the bait of indemnification shall be + found insufficient to produce testimonies against the noble person, a + bill of pains and penalties may be attempted, to terrify those who are + too wise to be ensnared by specious promises; for what may not be + expected from those who have already sent their fellow-subjects to + prison, only for refusing to accuse themselves? +</p> +<p> + Nor can I discover, my lords, how the most abandoned villains will be + hindered from procuring indemnity by perjury, or what shall exclude a + conspirator against the life and government of his majesty from pardon, + if he swears, that in a plot for setting the pretender on the throne, he + was assisted by the counsels of the earl of ORFORD. +</p> +<p> + It has, indeed, been in some degree granted, that the bill requires some + amendment, by proposing that the necessary alterations may be made to + such parts of it as shall appear defective to the committee, which + would, indeed, be highly expedient, if only some particular clauses were + exceptionable; but, my lords, the intention of the bill is cruel and + oppressive; the measures by which that intention is promoted are + contrary to law, and without precedent; and the original principle is + false, as it supposes a criminal previous to the crime. +</p> +<p> + It is urged as the most pressing argument by the advocates for the bill, + that it ought to be passed to gratify the people. I know not, my lords, + upon what principles those who plead so earnestly for rigid justice, can + endeavour to influence our decisions by any other motives; or why they + think it more equitable to sacrifice any man to the resentment of the + people, than to the malice of any single person; nor can conceive why it + should be thought less criminal to sell our voices for popularity than + for preferment. +</p> +<p> + As this is, therefore, my lords, a bill contrary to all former laws, and + inconsistent with itself; as it only tends to produce a bad end by bad + means, and violates the constitution not to relieve, but to oppress; as + the parts, singly considered, are defective, and the whole grounded upon + a false principle; it neither requires any longer debate, nor deserves + any farther consideration; it is rather to be detested than criticised, + and to be rejected without any superfluous attempt for its amendment. +</p> +<p> + [The aforementioned lords were all who spoke in this debate. The + question being then put, Whether the bill should be committed? It passed + in the negative. +</p> +<center> +<table summary=""> +<tr><td> +<pre> + Content 47, Proxies 10.—57. + Not content 92, Proxies 17.—109. +</pre> +</td></tr> +</table> +</center> +<p> + But a protest was entered on this occasion, signed by twenty-eight + lords; the former part of it was drawn from the speech of the duke of + ARGYLE, and the latter part of it from that of lord CARTERET.] +</p> +<a name="2H_4_5"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF LORDS, MAY 20, 1742. +</h2> +<center> + ON THE SECURITY AND PROTECTION OF TRADE AND NAVIGATION. +</center> +<p> + The same day that the lords read a first time the indemnification bill, + they read also, for the first time, a bill sent from the commons, + entitled, <i>An Act for the better protecting and securing the trade and + navigation of this kingdom in time of war</i>. As this bill had a + remarkable rise, passed the commons without a division, and the end + proposed by it was so commendable, it may be proper to give some account + of it before we proceed to the debate thereon in the house of lords. +</p> +<p> + It may be remembered, that we have mentioned great cause of complaint on + account of the losses sustained by the British merchants from the + enemy's privateers, who were not sufficiently checked. The merchants and + traders of London, Bristol, and other cities, having applied to the + administration in vain, presented petitions to both houses, setting + forth, among other things, "that notwithstanding the growing insolence + of the Spanish privateers, the applications of the suffering merchants + for protection and redress, had been neglected; that numbers of his + majesty's most useful subjects have been reduced to want and + imprisonment, or, compelled by inhuman treatment, and despairing of a + cartel for the exchange of prisoners, had enlisted in the service of + Spain; that there had been various neglects and delays in the + appointment of convoys, and some of the commanders of the few that had + been granted, deserted the ships under their care at sea, and left them + as a prey to the enemy," etc. +</p> +<p> + One petition farther says, "That the want of ships of force properly + stationed, encouraged the enemy to increase the number of their + privateers." +</p> +<p> + Another, "That most of the captures were almost on our coast, in the + Channel and soundings, at a time when the naval force of Britain was + greater than ever was known, a few ships of which might have ruined the + enemy's privateers." +</p> +<p> + One set of the petitioners apprehend, "that most of the captures might + have been prevented, had a few ships been properly stationed on this + side cape Finisterre, and the commanders kept to the strictest duty." +</p> +<p> + Other petitioners "are not a little alarmed, not only at the increase + and number of the Spanish privateers lately equipped, but at the + unexpected great strength the enemy have lately shown in the + Mediterranean, by which their trade must become more precarious than + ever." +</p> +<p> + The last petition delivered in was from the mayor, aldermen, and commons + of the city of London, setting forth, "that they had seen a powerful and + well-provided fleet remain inactive in our own ports, or more + ingloriously putting to sea, without the appearance of any enterprise in + view; while our trading vessels were daily exposed to the privateers of + an inconsiderable port, and a feeble enemy holds our naval power in + derision, to the ruin of trade, the enriching the enemy, and the + disgrace of the British name." +</p> +<p> + Their general request is, "that they may have regular convoys, and that + the commanders be ordered not to desert their charge when in danger, + that cruisers be properly stationed, subject to such inspection as shall + best answer the end designed." +</p> +<p> + They all concluded with praying, "that the house would make such + provision for the future security of the navigation and commerce of + these kingdoms as they shall think fit." +</p> +<p> + The petitions were severally referred to the consideration of a + committee of the whole house, and the following orders made for + necessary papers to be laid before the house. +</p> +<p> + 1. An account of his majesty's ships of war which have been employed + since the beginning of last year, as cruisers for the protection of the + trade of this kingdom on this side cape Finisterre, the stations of such + ships, and how long ordered to continue thereupon, with the times of + their going to sea, and their returning into port; when such ships were + cleared, and which of them tallowed, and when respectively. +</p> +<p> + 2. The journals of the commanders of such of his majesty's ships of war + as have been employed since the commencement of the present war, as + cruisers for the protection of trade on this side cape Finisterre. +</p> +<p> + 3. An account of the ships of war built in any of his majesty's yards, + which have been launched since July, 1739, the times when launched, when + first put to sea, and on what services employed. +</p> +<p> + 4. An account of the ships of war built in private yards for his + majesty's service, in the said time; distinguishing the times when + contracted for, when launched, when first put to sea, and on what + services employed. +</p> +<p> + 5. An account of the ships and vessels purchased for his majesty's + service since the said time, distinguishing when purchased, when first + put to sea, and what services employed in. +</p> +<p> + 6. An account of the ships of war appointed as convoys to the trade of + this kingdom to foreign parts, since the commencement of the present + war, distinguishing the ships appointed, and the particular services, + together with the notices given to the traders of the time prefixed for + their sailing, and the times they sailed respectively. +</p> +<p> + 7. That his majesty be addressed for the report of the commissioners for + executing the office of lord high admiral to his majesty in council, + upon the petition of the merchants, relating to their losses during the + war, to be laid before the house. +</p> +<p> + 8. That the schoolmaster and a mariner on board his majesty's ship, the + Duke, do attend the said committee. +</p> +<p> + Six days after these orders passed, the said accounts and report were + presented to the house by the secretary of the admiralty. +</p> +<p> + There were also laid before them copies of above one hundred letters, + from and to the secretary of state, admirals, ambassadours, consuls, + commanders of his majesty's ships, and trading vessels; from the + commissioners of the sick and hurt seamen, with heads of a cartel for + exchange of prisoners; and memorials and representations from merchants. +</p> +<p> + Also a list of ships taken since the commencement of the war, and of the + prisoners made by the enemy, also letters from several of them relating + to their treatment, and from the captain-general of the province where + the said seamen were imprisoned, relating to an exchange; several + certificates and depositions, and a proposal by the lords of the + admiralty for a general exchange of prisoners; also copies of the orders + of the commissioners of admiralty to captains and commanders on the + enemy's coast. +</p> +<p> + Petitions from the wives of seamen taken prisoners; letters to and from + the principal officers of the enemy, prisoners in Britain, relating to + the exchange. +</p> +<p> + Certificates of the discharge of several prisoners, by the enemy, on + promise that a like number of the prisoners in Britain should be + discharged. +</p> +<p> + The secretary of the Admiralty also laid before the house a book of the + regulations and instructions relating to the sea-service, established by + his majesty in council. +</p> +<p> + These requisites being laid before the house of commons, they went into + a committee on the twenty-third day of their sitting, heard one of the + petitioners, several witnesses, and desired to sit again. +</p> +<p> + In the mean time were presented to the house seventeen other letters + concerning sea affairs, and an account when the East India company first + applied, since the war began, for a convoy to St. Helena, and when they + sailed, and what number of ships came under the said convoy, and on the + twenty-fifth day of sitting the committee heard more witnesses. +</p> +<p> + Next day they proceeded, when an account was brought in of the Spanish + prisoners released, by what orders, and on what conditions; also an + account of the number of seamen employed the last year, distinguishing + how many at home, and how many abroad, also of the number of ships and + vessels of war, distinguishing the rates. +</p> +<p> + The secretary of the admiralty also presented a list of the names of the + merchant ships, and the masters, as have behaved so negligently as to + delay the convoys from whom they had taken sailing orders, or that have + abandoned the same, or that have been any ways disobedient to the + instructions established for good government, with the narration of the + facts since the beginning of the war. +</p> +<p> + Also copies of the reasons given, in writing, by such commanders of his + majesty's ships as have been appointed in this war as cruisers on this + side cape Finisterre, for leaving their stations, or for coming into + port, before the time required by their orders, which papers were + sixty-one in number. +</p> +<p> + All which were referred to the said committee, and then they heard some + other evidence, and after farther proceeding desired leave to sit again. +</p> +<p> + Next day the secretary of the admiralty presented copies of all + applications for convoys for ships and cruisers, and what was done + thereon, which papers were above forty, of which eight were petitions to + get convoys for single ships. +</p> +<p> + All which papers and accounts were referred to the said committee, which + was to proceed again on the twenty-eighth day, but the houses were + desired to adjourn for fifteen days. +</p> +<p> + When the house met again, the said secretary presented copies of all + complaints made since the war began, to the commissioners of the + admiralty, against, or relating to commanders leaving the trade under + their convoy, or their stations, or for impressing seamen out of + outward-bound ships after clearance, or homeward-bound before they + reached their port, or for other misbehaviour, or injury done by them to + trade, with an account of what has been done thereupon. +</p> +<p> + These papers, including the complaints and the orders given thereupon, + which are much the greater part, with justifications from the + commanders, were in number forty; but we ought not to omit that amongst + them there is a representation of the Portugal merchants in favour of + one commander, captain Ambrose, who had taken several of the enemy's + privateers. +</p> +<p> + On the thirty-third day of sitting were presented, from the office for + the sick and wounded seamen, copies of the returns from such persons as + have been empowered to pay his majesty's bounty to the British subjects, + prisoners in the ports of Spain, distinguishing the number of men paid + each month, and what ships they belonged to, and when taken. +</p> +<p> + Also an account of the number of men who have been put sick on shore + from his majesty's ships, into the hospitals last year, distinguishing + how many died, and how many were returned to the ships, or run away, or + were otherwise disposed of. +</p> +<p> + Which papers were referred to the said committee, and the house went + into it, heard farther evidence, and the chairman desired leave to sit + again. +</p> +<p> + Accordingly they proceeded on this affair the thirty-fifth day, and + heard farther evidence. +</p> +<p> + On the thirty-seventh day more papers were laid before the house, being + three several orders issued by the admiralty to the commanders of his + majesty's ships in the ports of Portugal, or such as shall have occasion + to put into the said ports; also an estimate of the debt of the navy; + which were referred to the said committee, and the house went into it, + and came to several resolutions, which were reported the next day, and + are as follow. +</p> +<p> + The first resolution was, that it appeared to the committee, that + notwithstanding the repeated applications of the merchants for cruisers + to be properly stationed for the protection of the trade of this nation + from the privateers of Spain, the due and necessary care has not been + taken to keep a proper number of his majesty's ships employed in that + service, more especially in and near the Channel and soundings; for want + of which, many ships had been taken by the enemy, some of them of + considerable value, to the great loss of many of his majesty's subjects, + the great advantage and encouragement of the enemy, and the dishonour of + this nation. II. That the detention of the ships bound to Portugal for + near twelve months, by the refusal of protections for some time, and the + delay of convoys afterwards, gave our rivals in trade an opportunity of + introducing new species of their woollen manufactures into Portugal, to + the great detriment of this kingdom. +</p> +<p> + Upon this foundation, the house ordered that a bill be brought in for + the better protecting and securing the trade and navigation of this + kingdom in times of war; and that the lord mayor of London (since + deceased) and sir John BARNARD, do prepare and bring in the same. +</p> +<p> + On the first day of April, being the fifty-ninth of their sitting, the + lord mayor of London presented, according to order, a bill for the + better protecting and securing the trade and navigation of this kingdom + in time of war; and the same was received and read a first time, and + ordered to be read a second time, and to be printed. +</p> +<p> + By reason of some omission, we do not find when the bill was read a + second time; but, on the seventy-second sitting, a day was appointed to + go into a committee on the seventy-ninth, when they did, and made + several amendments, which were reported on the eighty-second day, and + with amendments to one of them, were agreed to, and ordered to be + engrossed. At their eighty-seventh sitting the bill was read a third + time and passed, and the lord mayor of London was ordered to carry the + bill to the lords, and desire their concurrence. And three days after it + was read by their lordships a first time, and is as follows; the words + within these marks [ ] showing how the blanks were filled up, and the + amendments made in its progress through the house of commons, with notes + of the words left out. +</p> +<p> + <i>An Act for the better protecting and securing of the trade and + navigation of this kingdom in times of war.</i> +</p> +<p> + "Whereas it is necessary, in times of war, that a sufficient number of + ships should be appointed, and kept constantly employed, as cruisers, in + proper stations, for the protection and security of the trade and + navigation of this kingdom; be it enacted by the king's most excellent + majesty, by and with the advice and consent of both houses of the senate + in this present council assembled, and by the authority of the same, + that when and as often as this kingdom shall be engaged in war with any + kingdom or state in Europe, (over and above the ships of war for the + line of battle, and for convoys to remote parts,) such a number of ships + of war as shall be sufficient for the protection and security of the + merchant-ships, in their going out and returning home, shall be + constantly employed as cruisers, or for convoys, in and near the British + Channel and soundings, and in such other stations on this side cape + Finisterre, as shall by the lord high admiral, or commissioners for + executing the office of lord high admiral of Great Britain for the time + being, be judged most proper for that purpose; the aforesaid ships of + war to be careened at least [three] times in the year, or oftener, if + there be occasion; and that the seamen on board any such cruisers shall + not be turned over into any other ship or ships, but such only as shall + be appointed for cruising, or home convoys, according to the tenour of + this act. +</p> +<p> + (2.) "Provided always, and be it enacted by the authority aforesaid, + that nothing herein contained shall restrain, or be construed to + restrain, the lord high admiral or commissioners for executing the + office of lord high admiral for the time being, from directing any of + the ships which shall be appointed to be cruisers in pursuance of this + act, to be employed in the line of battle, (in case of great necessity,) + on this side cape Finisterre, without whose immediate direction, the + said ships shall be always cruising, or employed as home convoys, except + when they are careening or refitting. +</p> +<p> + (3.) "And be it enacted by the authority aforesaid, that the lord high + admiral, or commissioners for executing the office of lord high admiral + for the time being, shall, on or before the [first day of July next] + authorize and appoint a commissioner of the navy, or some one or more + person or persons, who shall constantly reside at such place or places + as his majesty shall direct; by virtue of which appointment, such person + or persons, in the place or places for which he or they shall be + appointed, shall superintend or oversee every thing relating to the + aforesaid cruisers; and shall take care that every thing necessary be + immediately provided for all and every the aforesaid cruising ships of + war, that shall come into any port by stress of weather, or to careen or + refit; and as soon as they or any of them are refitted, shall order all + or any of the said ships of war to put to sea again as soon as possible. +</p> +<p> + (4.) "And be it farther enacted by the authority aforesaid, that from + and after the said [first day of July] if any captain, or other officer + on board any of his majesty's ships of war, shall wilfully spring, carry + away, or lose any mast or masts of any such ship [Footnote: Left out, + <i>or ships</i>.], or shall make any false pretence or excuse for leaving the + station on which such ship or ships shall be appointed to cruise, or + shall return into port before the expiration of the term appointed for + his cruise, without just and sufficient reason for so doing, every + captain or officer offending in any of the aforesaid cases, [shall be + punished by fine, imprisonment, or otherwise, as the offence by a + court-martial shall be adjudged to deserve.] +</p> +<p> + (5.) "And to the intent that it may be the more easily known what + service the aforesaid cruisers shall every year perform, be it enacted + by the authority aforesaid, that the commissioner of the navy in each of + the outports, or such person or persons as shall, for that purpose, be + appointed by the lord high admiral, or commissioners for executing the + office of lord high admiral for the time being, shall transmit to him or + them, every [three months] a distinct and separate account digested into + proper columns, of the time when any of the ships appointed to be + cruisers, sailed out of port, when such ship came in, together with the + number of days, cast up, that such ship was out upon duty, and the + reasons of her putting into port, and the time and reasons of her stay + there; with an account how often, and the times when each of the said + ships have been careened every year; and that the lord high admiral, or + commissioners for executing the office of lord high admiral, for the + time being, shall cause copies of the said accounts to be laid before + both houses of the senate within [eight days] after their meeting. +</p> +<p> + (6.) "And be it farther enacted by the authority aforesaid, that the + lord high admiral, or commissioners for executing the office of lord + high admiral, for the time being, shall, on or before the said [first + day of July] nominate and appoint such a number of the ships of war, as + shall be sufficient for the purposes aforementioned, to be cruisers or + convoys on this side cape Finisterre for the current year; and shall + afterwards yearly, and every year, during the present or any future war, + between the [first day of November] and the [first day of December] + nominate and appoint a sufficient number of ships of war to be cruisers + or convoys on this side cape Finisterre for the year ensuing; and as + often as any of them shall happen to be taken or lost, shall, as soon as + may be, appoint others in the room of every ship so taken or lost. +</p> +<p> + (7.) "And whereas it is of the utmost importance to the trade of this + nation, that the captains or commanders of his majesty's ships of war + appointed for convoys to and from remote parts, should take due care of + the merchant ships committed to their charge; be it, therefore, enacted + by the authority aforesaid, that every captain or commander of any of + his majesty's ships of war, who, on or after the bill shall commence, + shall be appointed convoy or guard to any merchant ships or vessels, or + who shall have any merchant ships or vessels under his charge, do and + shall diligently attend upon such charge without delay, and in and + during the course of the voyage take the utmost care of such merchant + ships and vessels, and do and shall every evening see that the whole + number of the said merchant ships and vessels under his convoy be in + company with him; and in case he shall be obliged in the night time to + Jack, or alter his course, or lie-to, that he do and shall make the + proper signals, to give the merchant ships and vessels, under his + convoy, notice thereof; and if in the morning he shall find any of the + said merchant ships and vessels to be missing, he shall use his utmost + endeavours to rejoin them, and shall not willingly or negligently sail + away from, leave, or forsake such merchant ships or vessels, until he + has seen them safe, so far as he shall be directed to convoy them; and + in case any of the said merchant ships or vessels shall be in distress, + he shall give them all proper and necessary relief and assistance, as + far as he is able; and in case any such captain or commanding officer + shall refuse or neglect to do all or any of the matters aforesaid, every + such captain or commanding officer shall [be condemned to make + reparation of the damage to the merchants, owners, and others, as the + court of admiralty shall adjudge; and also be punished according to the + quality of his offence, as shall be adjudged fit by a court-martial.] +</p> +<p> + (8.) "And whereas it is of the utmost importance to our settlements in + America, and the trade thereof [Footnote: Left out, "in time of war."], + that the commanders of the ships stationed there, should use their best + endeavours for the protection and security of such trade, [and the + colonies there;] be it farther enacted by the authority aforesaid, that + [Footnote: Left out, "during the continuance of any such war."] none of + his majesty's ships, which shall be stationed at any of the said + settlements, shall quit or leave their stations under pretence of going + to careen or refit, or under any other pretence whatsoever, without an + especial order from the lord high admiral, or commissioners for + executing the office of lord high admiral, (or the commander in chief of + his majesty's ships of war in those seas, or in America, [Footnote: + These words were added.]) for the time being. [Footnote: Left out, "or + unless the commander or commanders of such ship or ships shall be + ordered off their station, to be employed in the line of battle in the + American seas, which shall not be done, but in cases of the greatest + necessity."] +</p> +<p> + (9.) "And to the end that it may appear what service the ships so + stationed shall perform, be it enacted by the authority aforesaid, that + the captain or commanding officer on board every such ship or vessel, + shall keep a distinct and separate account, digested into proper + columns, of the times when the said ship or vessel sailed out of port, + when such ship or vessel came in, the service she was upon, together + with the number of days cast up, that such ship or vessel was out upon + such duty, and shall cause the same to be fairly entered in one or more + book or books, to be kept for that purpose; such entries to be digested + in proper columns, and to be [every six months] transmitted [Footnote: + Left out, "together with the duplicates thereof."] to the captain or + commanding officer of every such station ship, to the lord high admiral, + or commissioners for executing the office of lord high admiral for the + time being, and shall also send duplicates of the said accounts at the + first opportunity. +</p> +<p> + (10.) [Footnote: This clause was added in the committee.] "And be it + farther enacted by the authority aforesaid, that the commanders of his + majesty's ships of war, on their arrival at any of the said settlements, + shall deliver a copy of the orders they shall have received from the + lord high admiral, or commissioners for executing the office of lord + high admiral of Britain for the time being, so far as they relate to the + protection of the said colonies, and of the trade of the said colonies, + to the governour and council of the respective colony or plantation + where they shall be stationed; which orders shall be entered into the + council books of such colony or plantation respectively; and the said + governour and council are hereby authorized and empowered to give such + directions in writing to the captains and commanders of such stationed + ships, as they shall think will be most for the protection and security + of their trade: and the said captains and commanders are hereby required + to conform to, and observe the same, provided the same do not contradict + the instructions they shall have received from the said lord high + admiral, or commissioners for executing the office of lord high admiral + for the time being." +</p> +<a name="2H_4_6"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF LORDS, JUNE 1, 1742. +</h2> +<p> + The bill for the security and protection of trade and navigation being + this day read a second time in the house of lords, the earl of + WINCHELSEA, who had lately accepted the chair at the admiralty board, + rose and spoke as follows: +</p> +<p> + My lords, I know not by what accident the numerous defects and general + impropriety of this bill have escaped the attention of the other house; + nor is there any necessity for examining the motives upon which it + passed, or of inquiring whether its reception was facilitated by the + popularity of the title, the influence and authority of those by whom it + was proposed, or the imaginary defects of our present regulations, which + have been on some occasions represented to be such as it is scarcely + possible to change but for the better. +</p> +<p> + The knowledge and experience of those who concurred in sending this bill + for your lordships' approbation, cannot but produce some degree of + prepossession in its favour; for how can it be imagined, my lords, that + men of great abilities and continual opportunities of observation, + should not be well versed in questions relating chiefly to their private + interest, and discover the nearest way to their own success! +</p> +<p> + And yet, my lords, it will be found that their sagacity has, perhaps, + never so apparently forsaken them as on this occasion, that no + proposition was ever laid before this house, in which more contracted + motives were discovered, and that the bill is such as might rather have + been expected from petty traders, unacquainted with the situation of + kingdoms, the interests of princes, the arts of policy, the laws of + their own country, and the conduct of former wars; than by merchants of + extensive traffick, general correspondence, and great attainments. +</p> +<p> + Before I proceed, my lords, to confirm the character of the bill by a + distinct consideration of the particular paragraphs, and an enumeration + of the several improprieties and defects which may be found in it, I + think it not superfluous or unseasonable to remark one general errour, + common to this with all other laws of the same kind, the errour of + prescribing rules to military operations, of attempting to fix what is, + in its own nature, variable, as it must depend upon external causes to + which the British legislature has yet found no means of extending its + authority. +</p> +<p> + To direct, upon remote conjectures and uncertain prospects, the conduct + of a commander, is, in my opinion, my lords, not more rational than to + trace upon a chart the course of a ship, and pronounce it criminal to + deviate from it. The one supposes a foreknowledge of the motions of the + wind, and the other of the counsels of our enemies; nor can any thing be + expected from such regulations, but overthrow and disgrace. I believe, + my lords, that in running over the histories of the world, and examining + the originals of the mightiest empires, and the sudden revolutions which + have been produced by the overpowering torrents of war, which, at + different periods of time, have swept the powers of the earth before + them, it will be found that all rapid conquests, and sudden extensions + of empire, have been effected by sovereign princes at the head of armies + which acted only by immediate command, that few memorable actions have + been performed by delegated commanders, and that of those few whose + names have descended to posterity, those have generally been most + successful who were invested with the largest powers, who acted without + control, and were at liberty to snatch every opportunity, and improve + every favourable conjuncture, without any necessity of communicating + their schemes, of waiting for the result of tedious deliberations, or of + soliciting a relaxation of former orders. +</p> +<p> + But, my lords, though, perhaps, all positive prescriptions of the + conduct of military undertakings have a tendency rather to obstruct than + promote success, yet as they may be drawn up with different degrees of + wisdom and sagacity, they may have a greater or less appearance of + usefulness and reason. Such as have been well concerted may afford + useful hints, though they ought not to be enacted with indispensable + obligations. And to consider even those in which less proofs of skill + and foresight can be discovered, may have, at least, this advantage, + that the proposals may not be speedily repeated, nor our counsels + embarrassed with absurd expedients. I shall, therefore, lay before your + lordships my opinion of every paragraph, and show what are the + objections which may be raised, both to the whole bill in general, and + to its particular clauses. +</p> +<p> + To the bill in general, it must be objected, that it is filled with + vague expressions, and ideas so indeterminate, that no man can tell when + he has obeyed it. Here are many rules ordered to be observed, when + <i>there shall be no just and sufficient reason</i> for neglecting them, and + some operations to be performed as often <i>as there shall be occasion,</i> + and ships are to cruise in a certain latitude, unless <i>there is a + necessity of employing them elsewhere.</i> +</p> +<p> + Did not the title of this bill, my lords, give it some claim to a + serious consideration; and did not the integrity and capacity of those + by whom it was drawn up, exempt them from contempt and ridicule, I + should be inclined to treat a law like this with some degree of levity; + for who, my lords, can be serious when his consent is desired to a bill, + by which it is enacted, that men shall act on certain occasions, as they + shall think most expedient? +</p> +<p> + Nor is this, my lords, the only instance of precipitancy and want of + consideration, for many of the injunctions are without any penal + sanction; so that though we should pass this bill with the greatest + unanimity, we should only declare our opinion, or offer our advice, but + should make no law, or what, with regard to the purposes of government, + is the same, a law which may be broken without danger. +</p> +<p> + But general objections, my lords, will naturally produce general + evasions; and a debate may be prolonged without producing any clear view + of the subject, or any satisfactory decision of a single question: I + shall, therefore, endeavour to range my objections in order, and, by + examining singly every paragraph of the bill, show the weakness of some + expedients, the superfluity of others, and the general unfitness of the + whole to produce the protection and security intended by it. +</p> +<p> + In the first clause alone may be found instances of all the + improprieties which I have mentioned to your lordships. It is proposed + that in a time of war between this empire and any other state, such a + number of ships shall be employed as cruisers or convoys in the Channel, + as the admiralty shall judge most proper for that purpose. What is this, + my lords, but to continue to the admiralty the power which has been + always executed? What is it but to enact that the ships shall be + stationed in time of war as the commissioners of the admiralty shall + determine and direct? +</p> +<p> + Of these ships, it is farther enacted, that they shall be careened three + times a-year, or oftener if there shall be occasion; but it is not + declared who shall judge of the necessity of careening, or who shall be + punished for the neglect of it when it is requisite, or for the + permission or command of it when it is superfluous. +</p> +<p> + There is yet another regulation, my lords, in this clause, which ought + not to be passed without remark. It is provided, that the sailors + employed in the cruisers and convoys in the Channel, shall not be turned + over but to other cruisers and convoys; by which, I suppose, it was + intended, that our outguards should be prevented from being weakened, + and that our merchants should never be destitute of protection; an end + truly laudable, and which deserves to be promoted by some establishment + better concerted. The expedient now proposed, seems to have been + contrived upon the supposition that the admiralty may not always be very + solicitous for the safety of the merchants, and that, therefore, it is + necessary to secure them by a law from the danger of being deprived of + protection; for, upon the present establishment, the removal of men from + one ship to another must be made by the permission of the admiralty; and + when the right of such permission shall by this law be taken away, what + new security will the merchants obtain? The admiralty will still have + the power, though not of turning over the men, yet of recalling the + ships, and commerce suffer equally in either case. +</p> +<p> + By the second clause, my lords, there is still a power reserved to the + admiralty, of dismissing these guardians of commerce from their + stations, and employing them <i>in case of great necessity</i> in the line of + battle, on this side cape Finisterre. Not to cavil, my lords, at the + term of <i>great necessity,</i> of which it is apparent that the + commissioners of the admiralty are to judge, I would desire to be + informed what measures are to be taken, if a royal navy should unluckily + rove beyond this cape, which is marked out as the utmost bound of the + power of the admiralty, and should there be reduced to the necessity of + engaging desperately with a superiour force, or retiring ignominiously + before it. Are not our ships to pass a single league beyond their + limits, in the honour or preservation of their country? Are they to lie + unactive within the sound of the battle, and wait for their enemies on + this side the cape? +</p> +<p> + The third clause, my lords, is, if not absurd like the former, yet so + imperfectly drawn up, that it can produce no advantage; for of what use + will it be to station an officer <i>where his majesty shall think fit?</i> At + all the royal docks there are officers already stationed, and in any + other place what can an officer, deputed by his majesty, do more than + hire workmen, who will as cheerfully and as diligently serve any other + person? And why may not the captain of the vessel procure necessaries + for money, without the assistance of a commissioner? +</p> +<p> + In the fourth clause, my lords, nothing is proposed but what is every + day practised, nor any authority conferred upon the court of admiralty, + than that which it always possessed, of punishing those who disobey + their orders. The provision against the crime of wilfully springing a + mast, is at least useless; for when did any man admit that he sprung his + mast by design? Or why should it be imagined that such an act of + wickedness, such flagrant breach of trust, and apparent desertion of + duty, would in the present state of the navy escape the severest + punishment? Would not all the officers and mariners on board the ship + see that such a thing was wilfully done? Would not they cry out—"You + are springing the mast," and prevent it, or discover the crime, and + demand punishment? +</p> +<p> + The fifth clause, my lords, is without any penal sanction, and, + therefore, cannot be compulsive; nor is any thing of importance proposed + in it, which is not already in the power of the senate. Either house may + now demand an account of the stations and employments of the ships of + war; nor does the senate now omit to examine the conduct of our naval + affairs, but because our attention is diverted by more important + employments, which will not by this bill be contracted or facilitated. +</p> +<p> + The use of the provision in the sixth clause, my lords, I am not able to + conceive; for to what purpose, my lords, should the ships appointed for + any particular service be nominated at any stated time? What consequence + can such declarations of our designs produce, but that of informing our + enemies what force they ought to provide against us? In war, my lords, + that commander has generally been esteemed most prudent, who keeps his + designs most secret, and assaults the enemy in an unguarded quarter, + with superiour and unexpected strength. +</p> +<p> + In the seventh clause, many regulations are prescribed to the commanders + of those ships which are appointed to convoy the trading vessels. These + regulations, my lords, are not all equally unreasonable, but some of + them are such as it may, on many occasions, be impossible for the + commanders of his majesty's ships to observe in such a manner as that + the masters of merchant ships may not imagine themselves neglected or + forsaken. The captain of the convoy may be, therefore, harassed by them + with prosecutions, in which it may be difficult to make his innocence + appear. The convoy may be sometimes accused of deserting the traders, + when the traders in reality have forsaken the convoy, in confidence that + they should either arrive safe at the port without protection, or be + able, if they should happen to fall into the enemy's hands, to charge + their misfortune upon the negligence of their protector. +</p> +<p> + The eighth clause, my lords, is so far from being such as might be + expected from merchants, that it seems rather to have been drawn up by + men who never saw the sea, nor heard of the violence of a storm. For who + that had the slightest idea of the uncertainty and hazard of a sailor's + condition, who that had been ever told of a shipwreck, or but looked on + the pictures of naval distress, would propose that no ship should retire + to a harbour, or quit the station to which it was assigned, <i>on any + pretence whatsoever</i> without permission, which sometimes could not be + obtained in many months, and which never could be received soon enough + to allow of a remedy for sudden disasters, or pressing calamities. It + might with equal reason be enacted, that no man should extinguish a fire + without an act of the senate, or repel a thief from his window, without + a commission of array. +</p> +<p> + It is happy, my lords, that this clause is not enforced by a penalty, + and, therefore, can never have the obligatory sanction of a law; but + since it may reasonably be supposed, that the authors of it intended + that the observation should be by some means or other enjoined, let us + examine how much security it would add to our navigation, and how much + strength to our naval power, if the breach of it had been made capital, + which is in itself by no means unreasonable; for what punishment less + than death can secure the observation of a law, which, without the + hazard of life, cannot be obeyed? +</p> +<p> + Let us, therefore, my lords, suppose a crew of gallant sailors surprised + in their cruise by such a hurricane as is frequent in the American seas, + which the highest perfection of skill, and the utmost exertion of + industry has scarcely enabled them to escape; let us consider them now + with their masts broken, their ship shattered, and their artillery + thrown into the sea, unable any longer either to oppose an enemy, or to + resist the waves, and yet forbidden to approach the land, and cut off + from all possibility of relief, till they have represented their + distress to some distant power, and received a gracious permission to + save their lives. +</p> +<p> + Misery like this, my lords, admits no exaggeration, nor need I dwell + long on the absurdity of establishing regulations which cannot be + observed, and which if they were enforced by any sanctions, + proportioned, as all penal sanctions ought to be, to the temptations of + violating them, must drive all our sailors into foreign service, or urge + them, upon the first distress, to defiance of law, and fill America with + pirates, and with rebels. +</p> +<p> + By the ninth clause, my lords, nothing is proposed but a relaxation of + the present discipline. It requires, that the commanders of ships of war + shall send only once in six months those accounts of their conduct and + their service, which they are at present obliged to transmit by every + ship that returns from America; so that by passing this bill, we shall + only be disabled from receiving regular and seasonable informations of + the transactions of our distant squadrons and colonies, shall be + disturbed with groundless suspicions, and tortured with unnecessary + suspense. +</p> +<p> + I have arrived at length at the last clause, a clause, my lords, worthy + to be the concluding paragraph of a bill like this; a clause in which + the power of the admiralty is communicated to the governours of our + colonies; men, my lords, not hitherto much celebrated for their + superiour wisdom, moderation, or integrity; of whom, at least, it is no + reproach to assert, that they are known to be, for the most part, wholly + unacquainted with maritime affairs, and very little famed for military + knowledge; and of whom it is above all to be considered, that they + generally commence merchants at their arrival in America, and may more + probably direct ships sent to guard the colonies, to stations in which + they may preserve their own vessels, than to those where they may + contribute most to the general security of trade. +</p> +<p> + Thus my lords, I have examined without prejudice every paragraph of this + bill, and believe, that from the objections which I have made, it + appears now plainly to your lordships, that all the regulations which + are of any use, are such as are already established by long custom, or + by former statutes; and such, therefore, as it is unnecessary to mention + in a new law; and that whatever is here to be found new, is absurd, + unintelligible, or pernicious. +</p> +<p> + This bill, my lords, is said to be founded on the act made for the same + purpose, in the wars of the queen Anne; but I cannot forbear to observe, + that the original law, though not one of those to which much of the + success of that war is to be ascribed, was drawn up with more + discernment than the bill before us. It was, at least, intelligible; the + number of cruisers was limited, and it was, therefore, possible to know + when it was obeyed; but of this bill I can confidently assert, that as + no man can understand, so no man can observe it. +</p> +<p> + I have spoken more largely, my lords, on this occasion, because this + bill relates particularly to my present employment, in which, as I + desire to do my duty, I desire to know it; and, surely, I cannot be + condemned by your lordships for opposing a bill, of which the only + tendency is to make my province difficult, to render one part of my + office inconsistent with another, and engage me in the task of + superintending the execution of impracticable measures. +</p> +<p> + What influence my arguments will have upon your lordships, I cannot + foresee. As every man flatters himself that his own opinions are right, + I hope to find this house concurring in my sentiments; but whatever may + be the determination of your lordships, I am so fully convinced of the + pernicious tendency of this bill, and the embarrassments which must be + produced by an attempt to execute it, that if it be not rejected by this + house, I shall willingly resign my office to others of more courage, or + of greater abilities; for I can have no hopes of performing my duty + under these restrictions, either to my own honour, or to the advantage + of my country. +</p> +<p> + The duke of BEDFORD spoke next, to the following effect:—My lords, + though the noble lord has produced very specious arguments against every + paragraph of the bill before us, and though many of his observations are + just, and some of his objections not easily to be answered, yet I cannot + admit that it will produce those fatal consequences which he seems to + foresee, nor am yet convinced that it will be either pernicious or + useless. +</p> +<p> + It has always, my lords, been the practice of this house, to attend to + every proposal for the publick advantage, to consider it without any + regard to the character of those by whom it is offered, and to approve + or reject it upon no other motives than those of justice and reason. +</p> +<p> + The same equity and prudence has always influenced your lordships to + distinguish between the several parts of the same bill; to reject those + expedients, of which, however plausible, either experience or reason may + discover the impropriety, and to retain those from which any real + benefit can reasonably be expected. We should never throw away gold + because it is mingled with dross, or refuse to promote the happiness of + the nation, because the expedients which were offered for that end + happened to be conjoined with some others of a disputable nature. +</p> +<p> + By the prosecution of this method, a method, my lords, too rational and + just to be neglected or forgotten, I doubt not but this bill, which, as + I shall readily admit, is not yet perfect, may be improved into a law, + from which the nation will receive great advantages, by which our trade + will be extended, and our riches increased. +</p> +<p> + Many of the clauses, my lords, may, in my opinion, admit of an easy + vindication, others may be amended by very slight alterations, and very + few are either wholly useless, or manifestly improper. +</p> +<p> + The chief defect of the first clause is such, that the noble lord has, + by declaring his disapprobation of it, given a very uncommon proof of + his integrity, disinterestedness, and moderation; for it is imperfect + only by placing too much confidence in the admiralty, which is left in + full power to determine the number of cruisers in or near the Channel + and soundings. +</p> +<p> + The noble lord has remarked, that the act of queen Anne, on which the + present bill is founded, exacted a determinate number of ships to be + employed in this particular service, and that it was, therefore, more + prudently drawn up than the present bill. But I cannot see the wisdom of + diminishing the authority of the lord high admiral; for had that act + been extended in the same manner to other services, it would have left + him only the name and shadow of an office, without power and without + use. +</p> +<p> + This clause, my lords, rightly understood, is only a declaration of + confidence in his majesty's officers, an evident confession of their + abilities to discern the interest of the publick, and of their zeal for + the prosecution of it. +</p> +<p> + With as little reason, my lords, can it be objected, that the ships are + required to be careened three times a-year. The necessity of careening + frequently those ships, of which the chief use arises from their + celerity, every sailor can declare to your lordships; nor will any man + whom his employments or his amusements have made acquainted with + navigation, allege that any thing is proposed in the bill, which it + would not be detrimental to the publick service to neglect. +</p> +<p> + It has been objected by the noble lord, that they are directed to be + careened <i>oftener, if there be occasion</i>; terms by which a discretionary + power is implied, of which yet it does not appear in whose hands it is + lodged. Let us consider, my lords, what inconvenience can arise from the + clause as it now stands, and what corruption or negligence can be + encouraged by it. +</p> +<p> + The discretionary right of bringing the ship into the ports to be + careened oftener than thrice a-year, must be, without controversy, + placed in the captain; for none but those that are in the ship can + discover the necessity of careening it, or know the inconveniencies that + are produced by the adhesion of extraneous substances to its sides and + bottom. +</p> +<p> + I own, my lords, it may be objected, that every captain will, by this + clause, be furnished with an excuse for deserting his station at + pleasure; that under pretence of uncommon ardour to pursue the enemy, he + may waste his time in endless preparations for expedition; that he may + loiter in the port to careen his ship; that before it is foul he may + bring it back again, and employ the crew in the same operation; and that + our merchants may be taken at the mouth of the harbours in which our + ships of war lie to be careened. +</p> +<p> + But, my lords, it is to be remembered, that in the third clause a + commissioner is appointed, by whom accounts are regularly to be + transmitted to the admiralty, of the arrival and departure of every + ship, and by whom the conduct of every captain is to be inspected; and + that he may easily detect such truant commanders, as shall careen their + ships only for the sake of deserting their stations. +</p> +<p> + Nor can the merchants suffer by any negligence or corruption of the + captains, because it is intended that the place of every ship returning + into port shall be supplied by another; and that the same number shall + be always in the same station, unless more important service makes them + more necessary in another place. +</p> +<p> + This proviso, my lords, a proviso undoubtedly reasonable, is established + in the second clause, but has not had the good fortune to escape the + censure of the noble lord, who has inquired, what must be the conduct of + the commanders of cruising vessels, if a seafight should happen beyond + the cape, which they are in this clause forbidden to pass? +</p> +<p> + That the clause may admit of expressions not only more proper, but more + agreeable to the intention of those by whom it was drawn up, I cannot + deny; for I suppose it very far from their design to limit the + operations of our navy to any part of the ocean, and am confident that + they meant only that the cruisers should not be despatched to such a + distance from their stations, as that our coasts should be left long + unguarded, or the enemy have time to collect his forces, and pour his + navies or his privateers upon our defenceless traders. +</p> +<p> + If by the commissioners mentioned in the third clause be intended a new + swarm of officers, the proposition is such as I confess myself very far + from approving; for it will be to little purpose that we protect the + trade, if we invent new commissioners to devour its profits; nor can we + hope for any other consequence from additional wealth, if it be procured + by increasing the influence of the crown, but that we should become a + more tempting prey to the harpies of a court. +</p> +<p> + But, my lords, to accomplish all that is intended by this clause, there + is not any need of new officers; for there are not many ports in which + ships of war can be commodiously careened, and perhaps there is not one + which can be used for this purpose, in which there is not already some + officer of the crown, whose employment allows him leisure sufficient for + the execution of a new charge, and whose present salary will afford an + ample recompense for some casual addition of employment. +</p> +<p> + The fourth clause, in which is provided that no commander shall wilfully + spring his mast, or desert his station, is such as I should be willing, + with the noble lord, to think unnecessary; but must appeal to your + lordships, whether the late conduct of the convoys has not too evidently + shown the defect of our present establishment. +</p> +<p> + The injuries, my lords, which the publick may suffer by the negligence + of the commanders of the ships of war, are such as it is worthy of the + legislature to obviate with the utmost caution; and, therefore, it is by + no means improper to enact a punishment for those who shall, upon any + false pretences, leave their station; for though such neglect of duty + is, in the present state of our naval establishment, considered as + disreputable and irregular, yet it does not appear that it has been + censured with the detestation which it deserves, or punished with the + severity necessary to its prevention. +</p> +<p> + It is observed, my lords, with relation to the following paragraph, that + either house may, at present, require accounts of the conduct of the + captains of the navy, and that, therefore, it is unnecessary to provide, + by any new law, that they shall be laid before them; but if it be + considered, my lords, how many inquiries, which we have a right to make, + are year after year constantly omitted, and how many may be excited by + curiosity to read accounts which lie before them, who yet will not move + the house to demand the accounts, or engage in the debate which such a + motion may produce, it will not be thought unnecessary to provide, that + they shall be subject to examination without the formality of a regular + vote. +</p> +<p> + As to the sixth clause, my lords, which regards the nomination of + convoys at a certain time, I can discover no reasonable objection to + such a provision, or none that can preponderate against the advantages + which may arise from it. By the certain establishment of convoys, the + value of insurance may be nearly fixed; merchants will know what + confidence is to be reposed in the force of the ships, and, what they + have, perhaps, had of late equal reason to examine, how much trust can + be placed in the fidelity of the commanders. +</p> +<p> + The nomination of convoys, my lords, is, in my opinion, more likely to + affright our enemies, and to deter their attempts, than to encourage + them by the information which it will afford them; for nothing but our + own negligence can conceal from us the naval strength of any power on + earth; and we may always, while we are careful to preserve our maritime + superiority, protect our merchants so powerfully, that none of our + enemies shall be incited to attack them by the knowledge of the number + and force of the ships appointed for their defence. +</p> +<p> + I come now, my lords, to the seventh clause; and surely to ascertain the + duties of the captains to whose protection our trading vessels are + intrusted, cannot appear superfluous to any of your lordships, who have + read the lists of our losses, heard the complaints of our merchants, or + made any inquiry into the conduct of our sea captains. There is, I fear, + too much reason to believe, that some of them have, with premeditated + design, deserted the traders in places where they have known them most + exposed to the incursions of the enemy; and it is to the last degree + evident, that others have manifested such contempt of the merchants, and + such a disregard of their interest, as may most justly expose them to + the suspicion of very criminal negligence, of negligence which no + community can be too watchful against, or too severely punish. +</p> +<p> + It has been affirmed by the noble lord, that it is not equitable to + subject the commanders of convoys to penalties for the loss of the + trading vessels, which may, perhaps, either rashly or negligently quit + their protection. That it is not reasonable to subject them to + penalties, is undoubtedly true; but, my lords, it is far from being + equally certain, that it is not just to expose them to a trial, in a + case in which it must be almost impossible to determine falsely; in a + case where the crews of, perhaps, twenty ships may be called as + witnesses of their conduct, and where none, but those whose ship is + lost, can be under the least temptation to offer a false testimony + against them. +</p> +<p> + On this occasion, my lords, it may not be improper to obviate the + objection produced by the seeming omission of penal sanctions, which is + only another proof of implicit confidence in the officers of the + admiralty, who have already the power, allowed to military courts, of + proceeding against those who shall deviate from their orders. This + power, which is in a great degree discretionary, it was thought improper + to limit, by ascertaining the punishment of crimes, which so many + circumstances may aggravate or diminish; and, therefore, in my opinion, + this clause is far from being so defective as the noble lord represented + it. +</p> +<p> + The last three clauses, by which the ships in America are prohibited to + leave their station, by which it is required that accounts should be + once in six months transmitted to the admiralty, and by which the + captains are subjected to the command of the governours of our colonies, + are, in my opinion, justly to be censured. The first is impossible to be + observed, the second is unnecessary, and the third will probably produce + more inconveniencies than benefits. +</p> +<p> + Thus, my lords, I have endeavoured to show, that this bill, though not + perfect, is yet such as, with some emendations, may produce great + advantages to the traders of this empire. For, though it is undoubtedly + a just observation, that the success of military attempts cannot be + promoted by rigid restrictions and minute regulations, yet it is equally + certain that no nation has yet been so fortunate as to be served by men + of integrity superiour to laws, or of wisdom superiour to instructions; + and every government has found it necessary to direct the conduct of its + officers by general rules, though they have been allowed to comply with + particular circumstances, and to give way to sudden accidents. +</p> +<p> + I think it, therefore, my lords, necessary to propose, that this bill + shall be more particularly examined in a committee, that, after having + received the necessary explanations and amendments, it may be referred + again to the other house. +</p> +<p> + Lord DELAWARE rose next, and spoke to the purpose following:—My lords, + the noble duke has, by his arguments in favour of this bill, given a + very eminent proof of great abilities; he has shown every clause in that + light which may least expose to view its improprieties and defects; but + has at length only shown, that it is not impossible to make a useful + law, for the purposes mentioned in the title of this bill; not that any + of the expedients, now proposed, will afford the desired advantage to + the publick, or obviate any of the inconveniencies of which the traders + have been so long and so importunately complaining. +</p> +<p> + This bill, my lords, is, indeed, founded upon a law made in a reign + celebrated for the wisdom of our conduct and the success of our arms; + but it will not, I suppose, be asserted, that nothing was, even in that + period, ill conducted; nor will it be an argument, sufficient for the + justification of an expedient, that it was practised in the victorious + reign of queen Anne. +</p> +<p> + If we inquire into the consequences of that law, we shall find no + inducement to revive it on this or any future occasion. For it had no + other effect than that of exposing us to our enemies by dividing our + forces; a disadvantage of which we soon found the effects, by the loss + of two large ships of seventy guns, and of a multitude of trading + vessels, which, by that diminution of our naval armament, necessarily + fell into the hands of privateers and small cruisers, that ravaged the + ocean without fear or molestation. +</p> +<p> + If we examine the present establishment of our navy, my lords, it will + be discovered, that nothing is proposed in this bill, which is not more + efficaciously performed by the methods now in use, and more judiciously + established by laws, of which long experience has shown the usefulness. + This, my lords, will easily appear from the perusal of the orders which + every commander of a convoy regularly receives, and of the printed + rules, established by his majesty in council, for the royal navy. +</p> +<p> + In these, my lords, much more is comprehended than can properly be + inferred in a law not occasionally variable; nor do I think any thing + omitted, which an experienced and candid inquirer will think useful to + the increase of our naval strength, or necessary to the protection of + our commerce. +</p> +<p> + In considering this bill, I shall not trouble your lordships with a + minute consideration of every single paragraph, though every paragraph + might furnish opportunity for animadversions; but shall content myself + with endeavouring to evince the reasonableness of some of the objections + made by the noble lord who spoke first, and enforcing his opinion with + such arguments as have occurred to me, though, indeed, it requires no + uncommon sagacity to discover, or superiour skill in ratiocination to + prove, that where this bill will produce any alteration in our present + scheme, it will manifestly change it for the worse. +</p> +<p> + For surely, my lords, it will not be necessary to show, by any elaborate + and refined reasoning, the absurdity of confining cruisers to particular + stations, with an absolute prohibition to depart from them, whatever may + be the certainty of destruction, or prospect of advantage. +</p> +<p> + If the intention of cruising ships is to annoy the enemies of the + nation, ought they to be deprived of the liberty of pursuing them? If + they are designed for the protection of our merchants, must they not be + allowed to attend them till they are out of danger. +</p> +<p> + Every one, my lords, has had opportunities of observing, that there are + men who are wholly engrossed by the present moment, and who, if they can + procure immoderate profit, or escape any impending danger, are without + the least solicitude with regard to futurity, and who, therefore, live + only by the hour, without any general scheme of conduct, or solid + foundation of lasting happiness, and who, consequently, are for ever + obliged to vary their measures, and obviate every new accident by some + new contrivance. +</p> +<p> + By men of this disposition, my lords, a temper by which they are + certainly very little qualified for legislators, the bill now before us + seems to have been drawn up; for their attention is evidently so engaged + by the present occurrences, that there is no place left for any regard + to distant contingencies. The conclusion of this war is to them the + period of human existence, the end of all discord and all policy. They + consider Spain as the only enemy with whom we can ever be at variance, + and have, therefore, drawn up a law, a law without any limitation of + time, to enable us to oppose her. They have with great industry and long + searches discovered, that cruisers on this side cape Finisterre, may be + of use against the Spaniards, and propose, therefore, that in all times + of war they are to be despatched to that individual station, though we + should be engaged in disputes with the northern crowns, or fit out + fleets to make conquests in the East Indies. +</p> +<p> + In all our wars, my lords, however judiciously concerted, and however + happily concluded, the pleasures of success have been abated by the + mortification of losses, and some complaints have been at all times + mingled with the shouts of triumph. How much soever the glory of the + nation has been elevated, the fortunes of particular persons have been + impaired, and those have never thought themselves recompensed by the + general advantages of the publick, who have suffered by the acquisition + of them; they have always imagined themselves marked out for ruin by + malevolence and resentment, and have concluded that those disasters + which fell upon them only by the common chance of war, were brought on + them by negligence or design. +</p> +<p> + The losses of our merchants in the present war must be acknowledged to + have been more than common, but if we examine accurately into the causes + that may be assigned for so great a number of captures, we shall find + them such as this law will have no tendency to remove, such as might be + easily imagined before the commencement of hostilities, and such as it + will be extremely difficult on any future occasion of the same kind, to + hinder from producing the same effects. +</p> +<p> + The first and greatest cause, my lords, of the number of our losses, is + the number of our ships, which cannot all be sufficiently protected. The + extent, therefore, of our commerce, in proportion to that of our + enemies, exposes us to double disadvantage; we necessarily lie open in + more parts to the depredations of privateers, and have no encouragement + to attempt reprisals, because they have few ships of value to be seized. + The profit of our commerce naturally withholds our sailors from our + ships of war, and makes part of our navy an idle show; the certainty of + plunder incites them to turn their merchant ships into cruisers, and to + suspend their trade for more profitable employment. Thus they at once + increase the number of plunderers, and take away from us the opportunity + of repairing our losses by the same practice. +</p> +<p> + And, my lords, if the losses of our merchants have been greater than in + former wars, our trade is more extensive, and our ships far more + numerous. Nor is it to be forgotten that a very important part of our + commerce is carried on before the eyes of the Spaniards, so that they + may issue out upon our merchants from their own coasts, and retire + immediately beyond danger of pursuit. +</p> +<p> + But, my lords, neither the situation of Spain, nor the extent of our + commerce, would have made this war so destructive, had not our merchants + sometimes facilitated the attempts of our enemies by their own + negligence or avarice. +</p> +<p> + I have been informed, my lords, that as the masters of trading vessels + complain of having been deserted by their convoys, the captains of the + ships of war have, in their turn, exhibited such representations of the + conduct of the trading masters, as may prove that their caution is not + proportioned to their clamour, and that in however melancholy terms they + may recount the miseries of captivity, the calamities of ruined + families, and the interruption of the trade of Britain, they will not + endeavour to escape their enemies at the expense of much circumspection, + and that the prospect of no large profit will be sufficient to + overbalance the danger of those evils which they so pathetically lament. +</p> +<p> + It is not uncommon, my lords, when the fleet has entered the open seas, + for the traders to take different courses both from the convoy and from + each other, and to disperse themselves beyond the possibility of + receiving assistance in danger or distress; and what wonder is it if + part of them be lost, since only part of them can be protected? +</p> +<p> + It may be imagined, my lords, that this is only an excuse forged by the + commanders to cover their own negligence or treachery. It may be asked, + what motives could induce the merchants to expose themselves to + unnecessary dangers, or what proofs they have ever given of such wild + negligence of their own interest or safety, as that they should be + suspected of rushing precipitately into the jaws of rapine? +</p> +<p> + This, my lords, is an objection specious in itself, and such as those + who have not inquired into the present state of our traffick will not + very readily discover to be fallacious; but it may easily be removed, by + showing that the danger of being taken by the enemy is generally not so + great to those who have the direction of the ship as it is commonly + believed. +</p> +<p> + By the present custom of insurance, my lords, the merchant exempts + himself from the hazard of great losses, and if he insures so much of + the value of the ship and cargo, that the chance of arriving first at + market is equivalent to the remaining part, what shall hinder him from + pressing forward at all events, and directing his course intrepidly + through seas crowded with enemies? +</p> +<p> + It is well known, my lords, that there is, in a great part of mankind, a + secret malignity, which makes one unwilling to contribute to the + advantage of another, even when his own interest will suffer no + diminution; nor is it to be imagined, that this disposition is less + predominant in traders than in the other classes of the community, + though it is exerted on different occasions. The envy of one part of + mankind is excited by reputation, or interest, or dignity, or power. The + trader, for the most part, envies nothing but money, in which he has + been taught from his infancy that every human excellence is + comprehended, and contributes to the increase of the riches of another, + with the same unwillingness with which a soldier would concur in the + advancement of an inferiour officer to a post of higher rank and + authority than his own. +</p> +<p> + For this reason, my lords, there is generally a malevolence in the + merchant against the insurer, whom he considers as an idle caterpillar, + living without industry upon the labours of others, and, therefore, when + he lays down the sum stipulated for security, he is almost in suspense, + whether he should not prefer the loss of the remaining part of the value + of his vessel to the mortification of seeing the insurer enjoy that + money, which fear and caution have influenced him to pay. +</p> +<p> + This disposition, undoubtedly, inclines him to proceed with less regard + to his own security, and betrays him into dangers which it was, at + least, possible to avoid; for to what purpose, says he, have I insured + my ship if I am not to be set free from the necessity of anxiety and + caution? If I arrive safely at the port, I shall dispose of my + commodities with uncommon advantage; if I miscarry, the insurer will at + least suffer with me, and be deservedly punished for his suspicions and + extortion. +</p> +<p> + I doubt not but some of your lordships will imagine, that I am now + indulging chimerical speculations, that I am ascribing great force to + weak motives, and supposing men to act upon principles which, in + reality, never operated in the human breast. When I think + disadvantageously of others, my lords, I am, indeed, always desirous to + find myself mistaken, and shall be pleased to hear on this occasion from + any of your lordships, who have conversed at large among mankind, that + it is not common for one man to neglect his own interest for fear of + promoting that of another. In the present question, my lords, I have + only supposed that envy may be one motive among many, and wish its + influence were so small, as that it might have been less proper to + mention it. +</p> +<p> + The practice of insurance, my lords, whether it contributes or not to + the number of the captures, undoubtedly increases the clamour which they + occasion; for as the loss is extended, the complaint is multiplied, and + both the merchant and insurer take the liberty of censuring the conduct + of the naval officers, and of condemning the measures of the government. + The ministry is charged with neglecting the protection of commerce, with + oppressing the merchants, and with conniving at the enemy's + preparations; that they who most eagerly solicited the war, may be the + first that shall repent it. +</p> +<p> + Another cause of the frequency of our losses in the present war, is the + general circulation of intelligence throughout Europe, by which it is + made impossible to conceal from our enemies the state of our armies, our + navies, or our trade. Every regiment that is raised, every ship that is + built, every fleet of trading vessels that lies waiting for the wind, is + minutely registered in the papers of the week, and accounts of it + transmitted to every nation of the world, where curiosity or interest + will pay for information. The Spaniards, therefore, need only regulate + their schemes according to their instructions from Britain, and watch + those fleets which are frequently sent out, for they may be confident + that some masters will wander from their protectors, enticed by avarice, + negligence, or temerity, and that they shall have opportunities of + enriching themselves without the necessity of engaging the convoy. +</p> +<p> + To protect ships which are to be steered each at the will of the master, + is no less impossible, my lords, than to conduct an army of which every + private man is at liberty to march according to his own caprice, to form + and pursue his own plan of operation, and to dispute and neglect the + orders of his leader. Nor is it more reasonable to subject the captains + of the ships of war to penalties for the loss of a vessel, over which + they have no authority, than to require from an officer in the army an + account of the lives of men, who perished by disobeying his commands. +</p> +<p> + In my opinion, my lords, we might, with far greater probability of + success, revive a precedent that may be found in the reign of king + William, in which it was appointed by an order of council, that the name + of every ship which went out with a convoy should be registered, and + that the owners should give security to provide a sufficient number of + arms and a proper quantity of ammunition to assist the imperial ships in + annoying or repelling the enemy; with one injunction more of the utmost + importance to the efficacious protection of our commerce, and which, + therefore, in every war ought to be repeated and enforced; an injunction + by which the masters of the ships of trade were required to obey the + directions of the commander of the convoy. +</p> +<p> + That some measures ought to be concerted for the preservation of our + trade I am very far from denying, and shall willingly concur in such as + shall to me appear likely to promote the end proposed by them. Our + losses, my lords, are undoubtedly great, though I believe far less than + they are reported by discontent and malevolence; for if a ship be + delayed by an accidental hinderance, or kept back by contrary winds for + a few days, there are men so watchful to snatch every opportunity of + reproaching the measures of the government, that a clamour is + immediately raised, the ship is taken, the merchants are sacrificed, and + the nation betrayed. +</p> +<p> + While this report is conveyed from one to another, and, like other + falsehoods, increasing in its progress; while every man adds some + circumstance of exaggeration, or some new proof of the treachery of the + ministry, the ship enters the port, and puts an end, indeed, to the + anxiety of the owners and insurers, but by no means pacifies the people, + or removes their prejudices against the conduct of their governours; for + as no man acknowledges himself the first author of the report, no man + thinks himself under any obligation to retract or confute it, and the + passions of the multitude, being once in commotion, cannot be calmed + before another opportunity of the same kind may be offered for agitating + them afresh. +</p> +<p> + To the expectations of the people, my lords, it is always proper to have + some regard, nor is there any valuable use of power but that of + promoting happiness, and preventing or removing calamities; but we are + not to endeavour to pacify them by the appearance of redress, which, in + reality, will only increase those evils of which they complain, nor to + depress the reputation of this assembly by passing laws which the + experience of a single month will prove to be of no use. +</p> +<p> + Of this kind, my lords, the bill now before us has been shown by the + noble lord that spoke first on this occasion; by whom every clause has + been discovered to be either defective or unnecessary, and who has + evinced, beyond all possibility of reply, that the regulations here + proposed can be divided only into two kinds, of which one is already + established either by law or prescription, and the other cannot be + admitted without apparent injury both to our navy and our trade. +</p> + +<p> + Part of the clauses the noble duke has, indeed, attempted to defend, but + has been obliged by his regard to reason and to truth, to make such + concessions, as are, in my opinion, sufficient arguments for the + rejection of the bill. He has admitted of almost every clause that it is + imperfect, that it may be amended by farther consideration, and that, + though not wholly to be neglected, it yet requires some farther + improvements to become effectual to the advantage of our merchants. +</p> +<p> + The last three clauses, his natural abilities and just discernment + immediately showed him to be indefensible; and he has too much regard to + the interest of his country to attempt the vindication of a bill, which + could not be passed without weakening it by impairing its naval force, + and, yet more sensibly, by diminishing the reputation of its + legislature. +</p> +<p> + I hope, therefore, my lords, that I shall not undergo the common censure + of disregard to our commercial interest, or be ranked amongst the + enemies of the merchants, though I declare, that in my opinion, this + bill ought to be rejected as unnecessary and injudicious, and that we + should only, by considering in a committee what no consideration can + amend, waste that time in a fruitless attempt, which may be spent much + more usefully upon other subjects. +</p> +<p> + Lord CARTERET spoke next, to the following purpose:—My lords, though I + do not approve equally of every part of the bill now before us, though I + think some of the provisions unnecessary, others unlikely to produce any + beneficial effects, and some already established by former acts of the + senate, or rules of the admiralty, yet I cannot agree with the noble + lord that it is unworthy of farther consideration. +</p> +<p> + In my opinion, my lords, it is necessary, for many reasons, to amend + this bill rather than reject it; and I hope, that when I shall have laid + before you the result of those inquiries and those reflections which I + have made on this occasion, your lordships will judge it not improper to + refer it to a committee. +</p> +<p> + Nothing, my lords, is more necessary to the legislature than the + affection and esteem of the people; all government consists in the + authority of the <i>few</i> over the <i>many</i>, and authority, therefore, can be + founded only on opinion, and must always fall to the ground, when that + which supports it is taken away. +</p> +<p> + For this reason, my lords, it is worthy of this most august and awful + assembly, to endeavour to convince the people of our solicitude for + their happiness, and our compassion for their sufferings; lest we should + seem elevated by the casual advantages of birth and fortune above regard + to the lower classes of mankind; lest we should seem exalted above + others only to neglect them, and invested with power only to exert it in + acts of wanton oppression; lest high rank should in time produce hatred + rather than reverence, and superiority of fortune only tempt rapine and + excite rebellion. +</p> +<p> + The bill now under our consideration, my lords, cannot be rejected + without danger of exasperating the nation, without affording to the + discontented and malevolent an opportunity of representing this house as + regardless of the publick miseries, and deaf to the cries of our + fellow-subjects languishing in captivity, and mourning in poverty. The + melancholy and dejected will naturally conceive us inebriated with + affluence, and elated with dignity, endeavouring to remove from our eyes + every spectacle of misery, and to turn aside from those lamentations + which may interrupt the enjoyment of our felicity. +</p> +<p> + Nor, indeed, can it be justly said, that such representations are + without grounds, when we consider the important occasion on which this + bill is drawn up, the bitterness of those calamities which it is + intended to redress, and the authority by which it is recommended to us. +</p> +<p> + It may naturally be expected, my lords, that the title of a bill for the + protection and security of trade, should raise an uncommon degree of + ardour and attention; it might be conceived that every lord in this + house would be ambitious of signalizing his zeal for the interest of his + country, by proposing, on this occasion, every expedient which + experience or information had suggested to him; and that instead of + setting ourselves free from the labour of inquiry and the anxiety of + deliberation, by raising objections to the bill and rejecting it, we + should labour with unanimous endeavours, and incessant assiduity, to + supply its defects, and correct its improprieties; to show that a design + so beneficial can never be proposed to us without effect, and that + whenever we find honest zeal, we shall be ready to assist it with + judgment and experience. +</p> +<p> + Compassion might likewise concur to invigorate our endeavours on this + occasion. For who, my lords, can reflect on families one day flourishing + in affluence, and contributing to the general prosperity of their + country, and on a sudden, without the crime of extravagance or + negligence, reduced to penury and distress, harassed by creditors, and + plundered by the vultures of the law, without wishing that such + misfortunes might by some expedient be averted? But this, my lords, is + not the only nor the greatest calamity, which this bill is intended to + prevent. The loss of wealth, however grievous, is yet less to be dreaded + than that of liberty, and indigence added to captivity is the highest + degree of human misery. Yet even this, however dreadful, is now the lot + of multitudes of our fellow-subjects, who are languishing with want in + the prisons of Spain. +</p> +<p> + Surely, my lords, every proposal must be well received that intends the + prevention or relief of calamities like these. Surely the ruin of its + merchants must alarm every trading nation, nor can a British senate sit + unconcerned at the captivity of those men by whom liberty is chiefly + supported. +</p> +<p> + Of the importance of the merchants, by whom this bill is recommended to + our consideration, and by whose influence it has already passed the + other house, it is not necessary to remind your lordships, who know, + that to this class of men our nation is indebted for all the advantages + that it possesses above those which we behold with compassion or + contempt, for its wealth and power, and perhaps for its liberty and + civility. To the merchants, my lords, we owe that our name is known + beyond our own coasts, and that our influence is not confined to the + narrow limits of a single island. +</p> +<p> + Let us not, therefore, my lords, reject with contempt what is proposed + and solicited by men of this class; men whose experience and knowledge + cannot but have enabled them to offer something useful and important, + though, perhaps, for want of acquaintance with former laws, they may + have imagined those provisions now first suggested, which have only been + forgotten, and petitioned for the enaction of a new law, when they + needed only an enforcement of former statutes. +</p> +<p> + That our naval force has, in the present war, been misapplied; that our + commerce has been exposed to petty spoilers, in a degree never known + before; that our convoys have been far from adding security to our + traders; and that with the most powerful fleet in the world, we have + suffered all that can fall upon the most defenceless nation, cannot be + denied. +</p> +<p> + Nor is it any degree of temerity, my lords, to affirm, that these + misfortunes have been brought upon us by either negligence or treachery; + for, besides that no other cause can be assigned for the losses which a + powerful people suffer from an enemy of inferiour force, there is the + strongest authority for asserting, that our maritime affairs have been + ill conducted, and that, therefore, the regulation of them is very + seasonably and properly solicited by the merchants. +</p> +<p> + For this assertion, my lords, we may produce the authority of the other + house, by which a remonstrance was drawn up against the conduct of the + commissioners of the admiralty. This alone ought to influence us to an + accurate discussion of this affair. But when an authority yet more + venerable is produced, when it appears that his majesty, by the + dismission of the commissioners from their employments, admitted the + justice of the representation of the commons, it surely can be of no use + to evince, by arguments, the necessity of new regulations. +</p> +<p> + It is, indeed, certain, that men of integrity and prudence, men of + ability to discern their duty, and of resolution to execute it, can + receive very little assistance from rules and prescriptions; nor can I + deny what the noble lord has affirmed, that they may be sometimes + embarrassed in their measures, and hindered from snatching opportunities + of success, and complying with emergent occasions; but, my lords, we are + to consider mankind, not as we wish them, but as we find them, + frequently corrupt, and always fallible. +</p> +<p> + If men were all honest and wise, laws of all kinds would be superfluous, + a legislature would become useless, and our authority must cease for + want of objects to employ it; but we find, my lords, that there are men + whom nothing but laws and penalties can make supportable to society; + that there are men, who, if they are not told their duty, will never + know it, and who will, at last, only perform what they shall be punished + for neglecting. +</p> +<p> + Were all men, like the noble lord whom I am now attempting to answer, + vigilant to discover, sagacious to distinguish, and industrious to + prosecute the interest of the publick, I should be very far from + proposing that they should be constrained by rules, or required to + follow any guide but their own reason; I should resign my own + prosperity, and that of my country, implicitly into their hands, and + rest in full security that nothing would be omitted that human wisdom + could dictate for our advantage. +</p> +<p> + I am not persuading your lordships to lay restraints upon virtue and + prudence, but to consider how seldom virtue and authority are found + together, how often prudence degenerates into selfishness, and all + generous regard for the publick is contracted into narrow views of + private interest. I am endeavouring to show, that since laws must be + equally obligatory to all, it is the interest of the few good men to + submit to restraints, which, though they may sometimes obstruct the + influence of their virtue, will abundantly recompense them, by securing + them from the mischiefs that wickedness, reigning almost without limits, + and operating without opposition, might bring upon them. +</p> +<p> + It may not be improper to add, my lords, that no degree of human wisdom + is exempt from errour; that he who claims the privilege of acting at + discretion, subjects himself likewise to the necessity of answering for + the consequences of his conduct, and that ill success will at least + subject him to reproach and suspicion, from which, he whose conduct is + regulated by established rules, may always have an opportunity of + setting himself free. +</p> +<p> + Fixed and certain regulations are, therefore, my lords, useful to the + wisest and best men; and to those whose abilities are less conspicuous, + and whose integrity is at best doubtful, I suppose it will not be + doubted that they are indispensably necessary. +</p> +<p> + Some of the expedients mentioned in this bill, I shall readily concur + with the noble lord in censuring and rejecting; I am very far from + thinking it expedient to invest the governours of our colonies with any + new degree of power, or to subject the captains of our ships of war to + their command. I have lived, my lords, to see many successions of those + petty monarchs, and have known few whom I would willingly trust with the + exercise of great authority. It is not uncommon, my lords, for those to + be made cruel and capricious by power, who were moderate and prudent in + lower stations; and if the effects of exaltation are to be feared even + in good men, what may not be expected from it in those, whom nothing but + a distant employment could secure from the laws, and who, if they had + not been sent to America to govern, must probably have gone thither on a + different occasion? +</p> +<p> + The noble duke, who has vindicated the bill with arguments to which very + little can be added, and to which I believe nothing can be replied, has + expressed his unwillingness to concur in any measures for the execution + of which new officers must be appointed. An increase of officers, my + lords, is, indeed, a dreadful sound, a sound that cannot but forebode + the ruin of our country; the number of officers already established is + abundantly sufficient for all useful purposes, nor can any addition be + made but to the ruin of our constitution. +</p> +<p> + I am, therefore, of opinion, that no new officer was intended by those + that drew up the bill, and that they proposed only to furnish those that + loiter in our ports, at the expense of the publick, with an opportunity + of earning their salaries by some useful employment. +</p> +<p> + I know not, indeed, my lords, whether any good effects can be reasonably + hoped from this provision; whether men accustomed to connivance and + negligence in affairs of less importance, ought to be trusted with the + care of our naval preparations, and engaged in service, on which the + prosperity of the publick may depend; and cannot conceal my + apprehensions, that such men, if commissioned to superintend others, may + themselves require a superintendent. +</p> +<p> + But, my lords, this and every other clause may, in a committee, be + carefully examined and deliberately corrected; and since it appears + evident to me, that some law is necessary for the security of our + commerce, I think this bill ought not to be rejected without farther + consideration. +</p> +<p> + Lord WINCHELSEA rose again, and spoke thus:—My lords, as the known + sincerity of that noble lord allows no room for suspecting, that he + would bestow any praises where he did not believe there was some desert, + and as his penetration and acuteness secure him from being deceived by + any false appearances of merit, I cannot but applaud myself for having + obtained his esteem, which I hope will not be forfeited by my future + conduct. +</p> +<p> + Having happily gained the regard of so exact a judge of mankind, I am + the less solicitous what opinion may be conceived of my abilities or + intentions by those whose censures I less fear, and whose praises I less + value, and shall, therefore, cheerfully hazard any degree of popularity, + which I may have hitherto possessed, by continuing my opposition to this + bill, of which I am still convinced that it will produce nothing but + embarrassment, losses, and disgrace. +</p> +<p> + The necessity of gaining and preserving the esteem of the people I very + willingly allow, but am of opinion that though it may sometimes be + gained by flattering their passions and complying with their + importunities, by false appearances of relief, and momentary + alleviations of their grievances, it is only to be preserved by real and + permanent benefits, by a steady attention to the great ends of + government, and a vigorous prosecution of the means by which they may be + obtained, without regard to present prejudices or temporary clamours. +</p> +<p> + I believe, my lords, it will always be found that it is dangerous to + gratify the people at their own expense, and to sacrifice their interest + to their caprices; for I have so high a veneration of their wisdom, as + to pronounce without scruple, that however they may, for a time, be + deceived by artful misrepresentations, they will, at length, learn to + esteem those most, who have the resolution to promote their happiness in + opposition to their prejudices. +</p> +<p> + I am, therefore, confident, my lords, of regaining the popularity which + I may lose by declaring, once more, that this bill ought to be rejected, + since no endeavours shall be wanting to show how little it is necessary, + by an effectual protection of every part of our trade, and a diligent + provision for the naval service. +</p> +<p> + The duke of BEDFORD rose, and spoke to this effect:—My lords, I am + convinced that this bill is very far from being either absurd or + useless, nor can imagine that they by whom it was drawn up could fail of + producing some expedients that may deserve consideration. +</p> +<p> + It is probable, that a farther inquiry may show the propriety of some + clauses, which at present appear most liable to censure; and that, if we + reject this bill thus precipitately, we shall condemn what we do not + fully comprehend. No clause appeared to me more unworthy of the judgment + and penetration of the merchants than the last, nor was there any which + I should have rejected at the first perusal with less regret; yet, + having taken this opportunity of considering it a second time, I find it + by no means indefensible, for the direction of ships stationed for the + defence of our American territories, is not committed to the governours + alone. The council of each province is joined with them in authority, by + whom any private regards may be overborne, and who cannot be supposed to + concur in any directions which will not promote the general interest of + the colony. +</p> +<p> + I doubt not, my lords, but other clauses have been equally mistaken, + and, therefore, think it necessary to consider them in a committee, + where every lord may declare his sentiments, without the restraint of a + formal debate, and where the bill may be deliberately revised, and + accommodated more exactly to the present exigencies of the nation. +</p> +<p> + Lord WINCHELSEA spoke again, in substance as follows:—My lords, the + only reason which has been urged for considering this bill in a + committee, is the necessity of gratifying the merchants, and of showing + our concern for the prosperity of commerce. If therefore it shall + appear, that the merchants are indifferent with regard to its success, I + hope it will be rejected without opposition. +</p> +<p> + I was this morning, my lords, informed by a merchant, who has many + opportunities of acquainting himself with the opinions of the trading + part of the nation, that they were fully convinced of the impossibility + of adapting fixed rules to variable exigencies, or of establishing any + certain method of obviating the chances of war, and defeating enemies + who were every day altering their schemes; and declared that they had no + hopes of security but from the vigilance of a board of admiralty, + solicitous for the welfare of the merchants, and the honour of the + nation. +</p> +<p> + Lord CHOLMONDELEY rose and spoke to the following purpose:—My lords, as + three clauses of this bill have been universally given up, and almost + all the rest plainly proved by the noble lord to be either absurd or + superfluous, I cannot see why it should not be rejected without the + solemnity of farther consideration, to which, indeed, nothing but the + title can give it any claim. +</p> +<p> + The title, my lords, is, indeed, specious, and well fitted to the design + of gaining attention and promoting popularity; but with this title there + is nothing that corresponds, nor is any thing to be found but confusion + and contradictions, which grow more numerous upon farther search. +</p> +<p> + That the whole bill, my lords, is unnecessary, cannot be denied, if it + be considered that nothing is proposed in it which is not already in the + power of your lordships, who may call at pleasure for the lists of the + navy, the accounts of the cruisers, the duties of their commissions, and + the journals of their commanders, (as you did in the sixth of queen + Anne,) and detect every act of negligence or treachery, and every + instance of desertion, or of cowardice. +</p> +<p> + Nothing is necessary to the regulation of our naval force, but that your + lordships vigilantly exert that power which is conferred upon you by the + constitution, and examine the conduct of every officer with attention + and impartiality; no man then will dare to neglect his duty, because no + man can hope to escape punishment. +</p> +<p> + Of this bill, therefore, since it is thus useless and inconsistent, I + cannot but suspect, my lords, that it was concerted for purposes very + different from those mentioned in the title, which it has, indeed, no + tendency to promote. I believe, my lords, the projectors of it intended + not so much to advance the interest of the merchants, as to depress the + reputation of those whom they have long taken every opportunity of + loading with reproaches, whom they have censured as the enemies of + trade, the corrupters of the nation, and the confederates of Spain. +</p> +<p> + To confirm these general calumnies, it was necessary to fix on some + particular accusation which might raise the resentment of the people, + and exasperate them beyond reflection or inquiry. For this purpose + nothing was more proper than to charge them with betraying our merchants + to the enemy. +</p> +<p> + As no accusation could be more efficacious to inflame the people, so + none, my lords, could with more difficulty be confuted. Some losses must + be suffered in every war, and every one will necessarily produce + complaints and discontent; every man is willing to blame some other + person for his misfortunes, and it was, therefore, easy to turn the + clamours of those whose vessels fell into the hands of the Spaniards, + against the ministers and commanders of the ships of war. +</p> +<p> + These cries were naturally heard with the regard always paid to + misfortune and distress, and propagated with zeal, because they were + heard with pity. Thus in time, what was at first only the outcry of + impatience, was by malicious artifices improved into settled opinion, + that opinion was diligently diffused, and all the losses of the + merchants were imputed, not to the chance of war, but the treachery of + the ministry. +</p> +<p> + But, my lords, the folly of this opinion, however general, and the + falsehood of this accusation, however vehement, will become sufficiently + apparent, if you examine that bulky collection of papers which are now + laid before you, from which you will discover the number of our fleets, + the frequency of our convoys, the stations of our ships of war, and the + times of their departure and return; you will find that no provision for + war, no expedient likely to promote success has been neglected; that we + have now more ships equipped than in the late war with France, that + nothing can be added to the exactness with which our maritime force is + regulated, and that there is not the least reason to doubt of the + fidelity with which it has been employed. +</p> +<p> + In every war, my lords, it is to be expected that losses will be + suffered by private persons on each side, nor even in a successful war + can the publick always hope to be enriched; because the advantage may + arise, not immediately from captures, but, consequently, from the + treaties or conditions in which a prosperous war may be supposed to + terminate. +</p> +<p> + What concessions we shall in this war extort from the Spaniards, what + security will be procured for our merchants, what recompense will be + yielded for our losses, or what extent will be added to our commerce, it + cannot yet be expected that any man should be able to declare; nor will + his majesty's counsellors be required to give an account of futurity. It + is a sufficient vindication of their conduct, and an evident proof of + the wisdom with which the war has been conducted, that we have hitherto + gained more than we have lost. +</p> +<p> + This, my lords, will appear from a diligent and minute comparison of the + captures on each side, and an exact computation of the value of our + losses and our prizes. It will be found that if the Spaniards have + taken, as it is not improbable, a greater number of ships, those which + they have lost have been far more wealthy. +</p> +<p> + The merchants, indeed, seem to have distrusted the strength of the + evidence which they produced in support of their allegations, by + bringing it only before the other house, where, as an oath could not be + administered, every man delivered what he believed as what he knew, and + indulged himself without scruple in venting his resentment, or declaring + his suspicions; a method of allegation very proper to scatter reproaches + and gratify malevolence, but of very little use for the discovery of + truth. +</p> +<p> + Had they come before your lordships, every circumstance had been + minutely examined, every assertion compared with other evidence, all + exaggerations repressed, and all foreign considerations rejected; each + part would have been impartially heard, and it would have plainly been + known to whom every loss was to be imputed. The negligence or treachery + of the commanders of the convoys, wherever it had been found, would have + been punished, but they would not have charged them with those + miscarriages which were produced only by the obstinacy or inattention of + the masters of the trading vessels. +</p> +<p> + Such inquiries, my lords, they appear to have thought it their interest + to decline, and, therefore, did not proceed on their petition to this + house; and if they did in reality avoid a rigorous examination, what can + be inferred, but that they intended rather to offer insinuations than + proofs, and rather to scatter infamy than obtain justice. +</p> +<p> + And, that nothing was indeed omitted that could secure our own commerce, + or distress our enemies, may reasonably be collected from the number and + great strength of our fleet, to which no empire in the world can oppose + an equal force. If it has not been supplied with sailors without some + delays, and if these delays have given our enemies an opportunity of + adding to their securities, of fortifying their ports, and supplying + their magazines, it must be ascribed to the nature of our constitution, + that forbids all compulsory methods of augmenting our forces, which must + be considered as, perhaps, the only inconvenience to be thrown into the + balance against the blessings of liberty. +</p> +<p> + The difficulty of manning our ships of war, is, indeed, extremely + perplexing. Men are naturally very little inclined to subject themselves + to absolute command, or to engage in any service without a time limited + for their dismission. Men cannot willingly rush into danger without the + prospect of a large advantage; they have generally some fondness for + their present state of life, and do not quit it without reluctance. All + these reasons, my lords, concur to withhold the sailors from the navy, + in which they are necessarily governed with higher authority than in + trading vessels, in which they are subjected to punishments, and + confined by strict regulations, without any certain term of their + bondage; for such they, who know not the necessity of subordination, nor + discover the advantages of discipline, cannot but account subjection to + the will and orders of another. +</p> +<p> + By serving the merchants, they not only secure to themselves the liberty + of changing their masters at pleasure, but enjoy the prospect of a near + and certain advantage; they have not, indeed, any expectations of being + suddenly enriched by a plate ship, and of gaining by one engagement such + wealth as will enable them to spend the rest of their lives in ease and + affluence; but they are sure of a speedy payment of their wages, + perhaps, of some profits from petty commerce, and of an opportunity of + squandering them at land in jollity and diversions; their labour is + cheerful, because they know it will be short, and they readily enter + into an employment which they can quit when it shall no longer please + them. +</p> +<p> + These considerations, my lords, have no influence upon the preparations + of France and Spain, where no man is master of his own fortune, or time, + or life, and where the officers of the state can drive multitudes into + the service of the crown, without regard to their private views, + inclinations, or engagements. To man a fleet, nothing is necessary but + to lay an embargo on the trading vessels, and suspend their commerce for + a short time; therefore no man dares refuse to enter into the publick + service when he is summoned; nor, if he should fly, as our sailors, from + an impress, would any man venture to shelter or conceal him. +</p> +<p> + Absolute monarchs have, therefore, this advantage over us, that they can + be sooner prepared for war, and to this must be ascribed all the success + which the Spaniards have obtained. This, my lords, will not be obviated + by the bill now before us, nor will it, indeed, procure any other + benefit to the trade, or any addition to the power of the nation. +</p> +<p> + Of the ten clauses comprised in the bill, the greatest part is + universally allowed to be injudiciously and erroneously proposed; and + those few, which were thought of more importance, have been shown to + contain no new expedients, nor to add any thing to the present + regulations. +</p> +<p> + I cannot, therefore, discover any reason, my lords, that should induce + us to refer to a committee this bill, of which part is confessedly to be + rejected, and the rest is apparently superfluous. +</p> +<p> + [Then the question being put, whether the bill should be referred to a + committee; it passed in the negative. Content, 25. Not content, 59. +</p> +<p> + On the rejection of this bill by the lords, a bill which related to an + affair of no less importance than the security of trade and navigation, + and which had been unanimously passed by the commons, it was satirically + remarked, that the upper house understood trade and navigation <i>better</i> + than the lower. However, the circumstances that attended it, made the + publication of the bill, with the amendments and the reasons offered by + the lords on both sides, expected with the more impatience.] +</p> +<a name="2H_4_8"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF LORDS, NOVEMBER 16, 1742. +</h2> +<p> + Parliament having met, according to the royal summons, on this day, + his majesty made a speech from the throne, which being afterwards read + by the president, lord TWEEDALE rose, and spoke as follows: +</p> +<p> + My lords, it is not without the highest satisfaction, that every lover + of mankind must look upon the alterations that have lately been + produced in the state of Europe; nor can any Briton forbear to express + an immediate and particular pleasure to observe his country rising + again into its former dignity, to see his own nation shake off + dependence, and rouse from inactivity, cover the ocean with her + fleets, and awe the continent with her armies; bid, once more, + defiance to the rapacious invaders of neighbouring kingdoms, and the + daring projectors of universal dominion; once more exert her influence + in foreign courts, and summon the monarchs of the west to another + confederacy against the power of France. +</p> +<p> + The queen of Hungary, who was lately obliged to retire at the approach + of her enemies, to leave her capital in danger of a siege, and seek + shelter in the remotest corner of her dominions, who was lately so + harassed with invasions, and so encircled with dangers, that she could + scarcely fly from one ravager, without the hazard of falling into the + hands of another, is now able to give laws to her persecutors, to + return the violence which she has suffered, and instead of imploring + mercy from those who had no regard but to their own interest, and were + determined to annihilate her family and divide her dominions, now sits + in full security on her throne, directs the march of distant armies, + and dictates the terms on which those who have entered her dominions + shall be suffered to escape. +</p> +<p> + Such, my lords, is the present state of the German empire; nor have + the affairs of the rest of Europe been less changed; the power of the + house of Bourbon has been diminished on every side, its alliance has + been rejected, and its influence disregarded. +</p> +<p> + The king of Sardinia has openly engaged to hinder the Spaniards from + erecting a new kingdom in Italy; and though he has hitherto been + somewhat embarrassed in his measures, and oppressed by the superiority + of his enemies, has at least, by preventing the conjunction of the + Spanish armies, preserved the Austrians from being overwhelmed. Nor can + the situation of his dominions, and the number of his forces, suffer us + to doubt, that in a short time he will be able entirely to secure Italy, + since he has already recovered his country, and drove back the Spaniards + into the bosom of France. +</p> +<p> + The condition of the other Spanish army is such, as no enemy can wish + to be aggravated by new calamities. They are shut up in a country + without provisions, or of which the inhabitants are unwilling to + supply them: on one side are neutral states, to which the law of + nations bars their entrance; on another the Mediterranean sea, which + can afford them only the melancholy prospect of hostile armaments, or + sometimes of their own ships falling into the hands of the Britons; + behind them are the troops of Austria ready to embarrass their march, + intercept their convoys, and receive those whom famine and despair + incite to change their masters, and to seek among foreign nations that + ease and safety, of which the tyranny of their own government, and the + madness of their own leaders, has deprived them. Such is their + distress, and so great their diminution, that a few months must + complete their ruin, they must be destroyed without the honour of a + battle, they must sink under the fatigue of hungry marches, by which + no enemy is overtaken or escaped, and be at length devoured, by those + diseases, which toil and penury will inevitably produce. +</p> +<p> + That the diminution of the influence of the house of Bourbon is not an + empty opinion, which we easily receive, because we wish it to be true; + that other nations, likewise, see the same events with the same + sentiments, and prognosticate the decline of that power which has so + long intimidated the universe, appears from the declaration now made + by his majesty of the conduct of the Swedish court. +</p> +<p> + That nation which was lately governed by the counsels, and glutted + with the bounties of France, which watched the nod of her mighty + patroness, and made war at her command against the Russian empire, now + begins to discover, that there are other powers more worthy of + confidence and respect, more careful to observe their engagements, or + more able to fulfil them. She, therefore, requests the British monarch + to extricate her from those difficulties, in which she is entangled by + a blind compliance with French dictates, to restore to her the + dismembered provinces, and recall that enemy which now impends over + her capital, and whom the French have neither interest to appease, nor + strength to resist. +</p> +<p> + Such, my lords, is the present prospect which offers itself to him who + surveys Europe with a political view, and examines the present + interest and dispositions of neighbouring potentates; such is the + order which has been produced from general confusion, and such the + reestablishment of equal power, which has succeeded these concussions + of the world. +</p> +<p> + It is no small addition to the pleasure which this change must afford + every man, who has either wisdom to discover his own happiness, or + benevolence to rejoice in that of others, that it has been the effect + not of chance but of conduct; that it is not an unforeseen event, + produced by the secret operation of causes fortuitously concurring, + but the result of a political and just design, well concerted and + steadily pursued; that every advantage which has been gained, is the + consequence of measures laid to obtain it; that our happiness has been + procured by prudence, and that our counsels have not been lucky but + wise. +</p> +<p> + If we reflect, my lords, upon the causes which have contributed to the + rescue of Europe from impending slavery, which have reestablished the + queen of Hungary in her dominions, enabled her to lay waste the + territories of her invaders, confirmed her friends in their fidelity, + and intimidated those whom rival interests inclined to wish her fall, + or the hope of sharing in the plunder, had incited to form designs + against her. If we inquire to what it is to be ascribed, that she is + able to form new alliances, and defend her dominions with confederate + armies, we shall find it easy to trace all these revolutions to one + cause, the steady and prudent conduct of the king of Britain. +</p> +<p> + Our sovereign, my lords, has looked on the troubles of Europe with + that concern which publick virtue inspires; he has seen the sufferings + of this illustrious princess with that compassion which is always due + to magnanimity oppressed, and formed resolutions for her assistance + with that ardour, which courage naturally kindles; but with that + caution, likewise, and secrecy, which experience dictates. But he + remembered, my lords, that, though he was the friend of the queen of + Hungary, he was to consider himself as the father of the people of + Britain; that he was not to exhaust the forces of this nation in + romantick expeditions, or exhaust its treasures in giving assistance + which was not needed. +</p> +<p> + He therefore waited to observe the event of the war, and to discover + whether the incessant struggles of the Austrians would be able to + throw off the load with which they were oppressed; but he found that + their spirit, however ardent, could not supply the want of strength; + he found, that they were fainting under insuperable labours, and that, + though they were in no danger of being conquered by the valour of + their enemies, they must, in a short time, be wearied with their + numbers. +</p> +<p> + His majesty then knew, my lords, that, by sending them speedy + assistance, he at once promoted the interest of his people, and + gratified his own inclinations; he therefore supplied the queen with + such sums as enabled her to levy new forces, and drive her enemies + before her. By procuring a reconciliation with the king of Prussia, he + freed her from the nearest and most formidable danger, and gave her an + opportunity to secure herself against the menaces of other powers. +</p> +<p> + But though she was set free from domestick dangers, though invasion + was driven from her capital, though captivity no longer pursued her + flight, nor usurpation hovered over her throne, her more distant + dominions were still a prey to her enemies. The Spaniards had already + landed one army in Italy, with which another was hastening to join. + The success of this enterprise, which would have gained the greatest + part of Italy, could only be hindered by the king of Sardinia, who + was, therefore, solicited by the Spaniards and French to favour their + design, with the strongest protestations, and the most magnificent + promises. But these were overbalanced by the influence of the king of + Britain, whose name was of sufficient importance to make the weaker + part most eligible, and to counterbalance the force of immediate + interest. +</p> +<p> + Thus was the passage into Italy barred against the Spaniards, by + obstacles which they can never surmount, while the other army is + besieged by our fleet, and by the Austrians; and reduced, instead of + conquering kingdoms, to change their camp, and regulate their marches, + with no other view than to avoid famine. While that prince, whose + dominions might most commodiously afford them succour, and whom all + the ties of nature and of interest oblige to assist them, is awed by + the British ships of war, which lie at anchor before his metropolis, + and of which the commanders, upon the least suspicion of hostilities + against the queen of Hungary, threaten to batter his palaces, and + destroy his city. +</p> +<p> + In this manner, my lords, has the king of Britain assisted the house + of Austria with his treasures, his influence, and his navy; thus does + he subdue some enemies, and restrain others; thus does he hold the + balance of the war, and thus does he add the weight of power to the + scale of justice. +</p> +<p> + But to secure the success that has been already obtained, and to take + from the enemies of liberty all hopes of recovering the advantages + which they have lost, he has now no longer confined his assistance to + negotiations and pecuniary supplies. He knows that alliances are + always best observed, when they confer security, or produce manifest + advantages; and that money will not be always equivalent to armies. He + has, therefore, now acted openly in defence of his ally, has filled + Flanders, once more, with British troops, and garrisoned the frontier + towns with the forces of that nation by which they were gained. The + veteran now sees, once more, the plains over which he formerly pursued + the squadrons of France, points the place where he seized the + standards, or broke the lines, where he trampled the oppressors of + mankind, with that spirit which is enkindled by liberty and justice. + His heart now beats, once more, at the sight of those walls which he + formerly stormed, and he shows the wounds which he received in the + mine, or on the breach. The French now discover, that they are not yet + lords of the continent; and that Britain has other armies ready to + force, once more, the passes of Schellembourg, or break down the + intrenchments of Blenheim; to wrest from them the sceptre of universal + monarchy, and confine them again to their own dominions. +</p> +<p> + To the British regiments, his majesty has joined a large body of the + forces of his own electorate, without regard to the danger which may + threaten his dominions in the absence of his troops, having no other + view than to secure the publick tranquillity at whatever hazard of his + own, and being convinced that private interest is most effectually + secured by a steady attention to general good. +</p> +<p> + These measures, my lords, undoubtedly demand our gratitude and + applause. Gratitude is always due to favourable intentions, and + diligent endeavours, even when those intentions are frustrated, and + those endeavours defeated; and applause is often paid to success, when + it has been merely the effect of chance, and been produced by measures + ill adapted to the end which was intended by them. But, surely, when + just designs have been happily executed, when wise measures are + blessed with success, neither envy nor hatred will dare to refuse + their acclamations; surely, those will at least congratulate, whom the + corruption of their hearts hinders from rejoicing, and those who + cannot love, will at least commend. +</p> +<p> + Here, my lords, I suspect no inclination to depreciate the happiness + that we enjoy, or to calumniate that virtue by which it has been + obtained; and therefore doubt not but your lordships will readily + concur in the reasonable, motion which I have now to offer:— +</p> +<p> + "That an humble address be presented to his majesty, to return him the + thanks of this house, for his most gracious speech from the throne. +</p> +<p> + "To declare our just sense of his majesty's great care and vigilance + for the support of the house of Austria, and for restoring and + securing the balance of power. +</p> +<p> + "To acknowledge his majesty's great wisdom and attention to the + publick welfare, in sending so considerable a body of his forces into + the Low Countries, and in strengthening them with his electoral + troops, and the Hessians in the British pay; and thereby forming such + an army as may defend and encourage those powers who are well + intentioned, and give a real assistance to the queen of Hungary, and + to assure his majesty of the concurrence and support of this house, in + this necessary measure. +</p> +<p> + "To express our satisfaction in the good effects which the vigour + exerted by Great Britain in assisting its ancient allies, and + maintaining the liberties of Europe, hath already had on the affairs + of the queen of Hungary, and on the conduct of several powers; and our + hopes that a steady perseverance in the same measures, will inspire + the like spirit and resolution in other powers, equally engaged by + treaties and common interest to take the like part. +</p> +<p> + "To give his majesty the strongest assurances, that this house has the + honour and safety of his majesty, the true interest and prosperity of + his kingdoms, the security and advancement of their commerce, the + success of the war against Spain, and the reestablishment of the + balance and tranquillity of Europe entirely at heart. That these shall + be the great and constant objects of our proceedings and resolutions, + this house being determined to support his majesty in all just and + necessary measures for attaining those great and desirable ends, and + to stand by and defend his majesty against all his enemies." +</p> +<p> + Lord MONTFORT spoke next to the following effect:—My lords, the + motion offered by the noble lord, is, in my opinion, so proper and + just, so suitable to the dignity of this assembly, and so expressive + of the gratitude which the vigilance of his majesty for the publick + good, ought to kindle in every heart not chilled by ungenerous + indolence, or hardened by inveterate disaffection, that I cannot + discover any reason for which it can be opposed, and therefore hope + that every lord will concur in it with no less alacrity and zeal than + I now rise up to second it. +</p> +<p> + It may, indeed, naturally be hoped from this house, that his majesty's + measures will be readily approved, since they are such as even malice + and faction will not dare to censure or oppose, such as calumny will + not venture to defame, and such as those who will not praise them can + never mention. If it be allowed, that the interest of France is + opposite to that of Britain, that the equipoise of power on the + continent is to be preserved; if any of the counsels of our ancestors + deserve our attention, if our victories at Cressy or at Ramillies are + justly celebrated by our historians, the wisdom of our sovereign's + conduct cannot be denied. +</p> +<p> + The French, my lords, whom our armies in the reign of Anne saw flying + before them; who, from dividing kingdoms, and prescribing laws to + mankind, were reduced to the defence of their own country; who were + driven from intrenchment to intrenchment, and from one fortification + to another, now grown insolent with the pleasures of peace, and the + affluence of commerce, Have forgotten the power by which their schemes + were baffled, and their arrogance repressed; by which their fabrick of + universal monarchy was shattered, and themselves almost buried in the + ruins. +</p> +<p> + Infatuated with the contemplation of their own force, elated with the + number of their troops, the magnificence of their cities, and the + opulence of their treasury, they have once more imagined themselves + superiour to resistance, and again aspire to the command of the + universe; they have now for some time assumed the haughty style of the + legislators of mankind; and have expected, that princes should appeal + to them as to the highest human tribunal, and that nations should + submit their claims to their arbitration; they have already assumed + the distribution of dominions, and expect that neither peace shall be + concluded, nor war proclaimed, but by their permission or advice. +</p> +<p> + By this gradation of exorbitant claims and oppressive measures, have + they at length arrived, my lords, at the summit of insolence; by these + steps have they ascended once more the towering throne of universal + monarchy; nor was any thing wanting to complete their plan, but that + their ancient rival, the German empire, should be reduced to + acknowledge their sovereignty, and that the supreme dignity of Europe + should be the gift of the French bounty. +</p> +<p> + The death of the late emperour, without sons, furnished them with an + opportunity of executing their design, too favourable to be neglected. + They now imagined it in their power, not only to dispose of the + imperial dignity, but to divide the dominions of the house of Austria + into many petty sovereignties, incapable singly of opposing them, and + unlikely to unite in any common cause, or to preserve a confederacy + unbroken, if they should by accident agree to form it. +</p> +<p> + They, therefore, sent their armies into Germany, to superintend the + approaching election, and by hovering over the territories of princes + unable to resist them, extorted voices in favour of their ally; a + prince, whose dominions must, by their situation, always oblige him to + compliance with the demands, and to concurrence in the schemes of his + protectors, and who will rather act as the substitute of France, than + the emperour of Germany. +</p> +<p> + But it was to no purpose that they had graced their dependant with + titular honours and ensigns of sovereignty, if the house of Austria + still retained its hereditary dominions, and preserved its strength + when it had lost its dignity. They well knew that armies were equally + formidable, whether commanded by an emperour or an inferiour + sovereign; and that a mere alteration of names, though it might afford + a slight and transient gratification to vanity, would produce no real + increase or diminution of power. +</p> +<p> + They, therefore, thought it necessary to improve the present time of + confusion, and excite all the princes of the empire to revive their + ancient claims upon the Austrian territories; claims, which how long + soever they had been forgotten, howsoever abrogated by long + prescription, or annulled by subsequent treaties, were now again to + become valid, and to be decided by the arbitration of France. +</p> +<p> + But this project being defeated by the heroick constancy of the queen + of Hungary, whose wisdom and resolution, which will equal her name in + future histories with those of the most successful conquerors, + rejected their mediation, and refused to own her right doubtful, by + submitting it to be tried; they were obliged no longer to dissemble + their designs, or make farther pretences to respect or tenderness. Her + fall was necessary to their own exaltation; they, therefore, kindled a + general conflagration of war, they excited all the princes to take + arms against her, and found it, indeed, no difficult task to persuade + them to attack a princess, whom they thought unable to form an army, + whom they believed they should rather pursue than engage, and whose + dominions might be overrun without bloodshed, and whom they should + conquer only by marching against. +</p> +<p> + Such a combination as this, a combination of monarchs, of which each + appeared able singly to have carried on a war against her, nothing but + the highest degree of magnanimity could have formed a design of + resisting; nor could that resistance have procured the least + advantages, or retarded for a single day the calamities that were + threatened, had it not been regulated by every martial virtue, had not + policy united with courage, and caution with activity. +</p> +<p> + Thus did the intrepidity of this princess, my lords, support her + against the storms that shook her kingdom on every side; thus did + those, whom her virtues gained over to her service, and whom her + example animated with contempt of superiour numbers, defend her + against the forces of all the surrounding nations, led on by monarchs, + and elated with the prospect of an easy conquest. +</p> +<p> + But the utmost that could be hoped from the most refined stratagems, + or the most exalted courage, was only that her fate might be deferred, + that she would not fall wholly unrevenged, that her enemies would + suffer with her, and that victory would not be gained without a + battle. It was evident, that bravery must in time give way to + strength, that vigour must be wearied, and policy exhausted, that by a + constant succession of new forces, the most resolute troops must be + overwhelmed; and that the house of Austria could only gain by the war, + the fatal honour of being gloriously extinguished. +</p> +<p> + This his majesty's wisdom easily enabled him to discover, and his + goodness incited him to prevent; he called upon all the powers, who + had promised to preserve the Pragmatick sanction, to have regard to + the faith of nations, and by fulfilling their engagements, to preserve + the liberties of Europe; but the success of his remonstrances only + afforded a new instance of the weakness of justice, when opposed to + interest or fear. All the potentates of the continent were restrained + by the threats, or gained by the promises of France; and the disposal + of the possessions of the Austrian house, seemed, by the general + consent of Europe, to be resigned to the family of Bourbon. +</p> +<p> + But our sovereign was not yet discouraged from asserting the rights + which he had promised to maintain, nor did he think the neglect or + treachery of others a sufficient reason for refusing that assistance, + which justice and policy equally required. He knew the power of his + own empire, and though he did not omit to cultivate alliances, he was + conscious of his ability to proceed without them; and therefore + showed, by sending his troops into the Austrian territories, that the + measures of the sovereign of Britain were not to be regulated by + either his enemies or his confederates; that this nation is yet able + to support its own claims, and protect those of its allies; and that + while we attack one of the kingdoms of the house of Bourbon, we are + not afraid to set the other at defiance. +</p> +<p> + The effects of this conduct, my lords, were immediately apparent; the + king of Sardinia engaged to oppose the entrance of the Spaniards into + Italy; the king of Prussia not only made a peace with the queen of + Hungary, by whom he was more to be dreaded than any other enemy, but + entered into an alliance with his majesty, who has made no small + addition to his influence, by another treaty with the most powerful + nations of the north. +</p> +<p> + Thus, my lords, are the dreadful arms of France, which are never + employed but in the detestable and horrid plan of extending slavery, + and supporting oppression, stopped in the full career of success. Thus + is the scheme of universal monarchy once more blasted, and the world + taught, that the preservation of the rights of mankind, the security + of religion, and the establishment of peace, are not impracticable, + that the power of Britain is yet undiminished, and that her spirit is + not yet depressed. +</p> +<p> + By his majesty's conduct, my lords, the reputation of our country is + now raised to its utmost height; we are now considered as the arbiters + of empire, the protectors of right, the patrons of distress, and the + sustainers of the balance of the world. I cannot, therefore, but + conclude, that no man in this illustrious assembly will be unwilling + to acknowledge that wisdom and firmness, which not only this nation, + but the greatest part of the universe, will remember with gratitude in + the remotest ages, and that the motion, which I now second, will be + universally approved. +</p> +<p> + The speaker then read the motion, and asked in the usual form, whether + it was their lordships' pleasure that the question should be put; upon + which lord CHESTERFIELD rose up, and spoke to the following + purpose:—My lords, though the motion has been, by the noble lord who + made it, introduced with all the art of rhetorick, and enforced by him + that seconded it, with the utmost ardour of zeal, and the highest + raptures of satisfaction and gratitude; though all the late measures + have been recommended to our applause, as proofs of the strictest + fidelity, and the most sagacious policy; and though I am very far from + intending to charge them with weakness or injustice, or from + pretending to have discovered in them a secret tendency to advance any + interest in opposition to that of Britain, I am yet not able to + prevail upon myself to suppress those scruples which hinder me from + concurring with them, and from approving the address which is now + proposed. +</p> +<p> + I am less inclined, my lords, to favour the present motion, because I + have long been desirous of seeing the ancient method of general + addresses revived by this house; a method of address by which our + princes were reverenced without flattery, and which left us at liberty + to honour the crown, without descending to idolize the ministry. +</p> +<p> + I know not, my lords, what advantages have been procured by an annual + repetition of the speeches from the throne, however gracious or + excellent. For ourselves, we have certainly obtained no new confidence + from the crown, nor any higher degree of honour among the people. The + incense, which from our censers has so long perfumed the palace, has + inclined the nation to suspect, that we are long enough inured to + idolatry, to offer up their properties for a sacrifice, whenever they + shall be required; and I cannot dissemble my suspicions, that a long + continuance of this custom may give some ambitious or oppressive + prince in some distant age, when, perhaps, this beneficent and + illustrious family may be extinct, the confidence to demand it. +</p> +<p> + I cannot but be of opinion, and hope your lordships will be convinced + upon very short reflection, that there is a style of servility, which + it becomes not this house to use even to our monarchs: we are to + remember, indeed, that reverence which is always due from subjects, + but to preserve likewise that dignity which is inseparable from + independence and legislative authority. +</p> +<p> + That we ought not to descend to the meanest of flattery, that we ought + to preserve the privilege of speaking, without exaggerated praises, or + affected acknowledgments, our regard not only to ourselves, but to our + sovereign ought to remind us. For nothing is more evident, my lords, + than that no monarch can be happy while his people are miserable; that + the throne can be secure only by being guarded by the affections of + the people; and the prince can only gain and preserve their + affections, by promoting their interest, and supporting their + privileges. +</p> +<p> + But how, my lords, shall that monarch distinguish the interest of his + people, whom none shall dare to approach with information? How shall + their privileges be supported, if when they are infringed, no man will + complain? And who shall dare to lay any publick grievances, or private + wrongs before the king of Britain, if the highest assembly of the + nation shall never address him but in terms of flattery? +</p> +<p> + The necessity of putting an end to this corrupt custom, becomes every + day more and more urgent; the affairs of Europe are hastening to a + crisis, in which all our prudence, and all our influence will be + required; and we ought, therefore, to take care not to perplex our + resolutions by voluntary ignorance, or destroy our credit by a publick + approbation of measures, which we are well known not to understand. +</p> +<p> + I suppose, none of your lordships, who are not engaged in the + administration of affairs, will think it derogatory from the + reputation of your abilities and experience, to confess, that you do + not yet see all the circumstances or consequences of the measures + which you are desired to applaud; measures which have been too lately + taken to discover their own tendency, and with relation to which no + papers have been laid before us. We are told of armies joined, and + treaties concluded, and, therefore, called upon to praise the wisdom + of our negotiations, and the usefulness and vigour of our military + preparations; though we are neither acquainted on what terms our + alliances are formed, nor on what conditions our auxiliaries assist + us. +</p> +<p> + This, my lords, is surely such treatment as no liberal mind can very + patiently support; it is little less than to require that we should + follow our guides with our eyes shut; that we should place implicit + confidence in the wisdom of our ministers, and having first suffered + them to blind ourselves, assist them afterwards to blind the people. +</p> +<p> + The longer I dwell upon the consideration of this motion, the more + arguments arise to persuade me, that we ought not hastily to agree to + it. My lords, the address proposed, like the speech itself, is of a + very complicated and intricate kind, and comprises in a few words many + transactions of great importance, crowded together with an artful + brevity, that the mind may be hindered by the multitude of images, + from a distinct and deliberate consideration of particulars. Here are + acts of negotiation confounded with operations of war, one treaty + entangled with another, and the union of the Hanoverians with our + troops, mentioned almost in the same sentence with the Spanish war. + This crowd of transactions, so different in their nature, so various + in their consequences, who can venture to approve in the gross? or + who can distinguish without long examination. +</p> +<p> + I hope, my lords, that I shall not be charged with want of candour, in + supposing the motion not to be an extemporaneous composition, but to + be drawn up with art and deliberation. It is well known, that the + address is often concerted at the same time that the speech is + composed; and that it is not uncommon to take advantage of the + superiority which long acquaintance with the question gives those who + defend the motion, above those who oppose it. +</p> +<p> + We are indeed told, that the visible effects of his majesty's measures + prove their expediency, and that we may safely applaud that conduct of + which we receive the benefits. But, my lords, the advantages must be + seen or felt before they can be properly acknowledged; and it has not + been shown, that we have yet either intimidated the enemies of the + queen of Hungary, whose interest we have been lately taught to believe + inseparable from our own, or encouraged any new allies to declare in + her favour. +</p> +<p> + The Dutch, my lords, are not yet roused from their slumber of + neutrality; and how loudly soever we may assert our zeal, or with + whatever pomp we may display our strength, they still seem to doubt + either our integrity or force; and are afraid of engaging in the + quarrel, lest they should be either conquered or betrayed. Nor has the + approach of our army, however they may be delighted with the show, + inspired them with more courage, though they are enforced by the + troops of Hanover. +</p> +<p> + The addition of these forces to the British army, has been mentioned + as an instance of uncommon attention to the great cause of universal + liberty, as a proof that no regard has been paid to private interest, + and that all considerations are sacrificed to publick good. But since + no service can be so great but it may be overpaid, it is necessary + that we may judge of the benefit, to inform us on what terms it has + been obtained, and how well the act of succession has been observed on + this occasion. +</p> +<p> + Though I am too well acquainted, my lords, with the maxims which + prevail in the present age, and have had too much experience of the + motives, by which the decisions of the senate are influenced, to offer + any motion of my own, yet these reasons will withhold me from + concurring with this. I cannot but be of opinion, that the question + ought to be postponed to another day, in which the house may be + fuller, our deliberations be assisted by the wisdom and experience of + more than thirty lords, who are now absent, and the subjects of + inquiry, of which many are new and unexpected, may be more accurately + considered; nor can I prevail upon myself to return to general + declarations any other than general answers. +</p> +<p> + Lord CARTERET answered in substance as follows:—My lords, as there + has arisen no new question, as his majesty in assisting the queen of + Hungary, has only followed the advice of the senate; I am far from + being able to discover, why any long deliberation should be necessary + to a concurrence with the motion now before us, or whence any doubt + can arise with regard to the effects of his majesty's measures; + effects which no man will deny, who will believe either his own eyes, + or the testimony of others; effects, which every man who surveys the + state of Europe must perceive, and which our friends and our enemies + will equally confess. +</p> +<p> + To these measures, which we are now to consider, it must be ascribed, + that the French are no longer lords of Germany; that they no longer + hold the princes of the empire in subjection, lay provinces waste at + pleasure, and sell their friendship on their own terms. By these + measures have the Dutch been delivered from their terrours, and + encouraged to deliberate freely upon the state of Europe, and prepare + for the support of the Pragmatick sanction. But the common cause has + been most evidently advanced by gaining the king of Prussia, by whose + defection the balance of the war was turned, and at least thirty + thousand men taken away from the scale of France. +</p> +<p> + This, my lords, was a change only to be effected by a patient + expectation of opportunities, and a politick improvement of casual + advantages, and by contriving methods of reconciling the interest of + Prussia with the friendship of the queen of Hungary; for princes, like + other men, are inclined to prefer their own interest to all other + motives, and to follow that scheme which shall promise most gain. +</p> +<p> + That all this, my lords, has been effected, cannot be denied; nor can + it be said to have been effected by any other causes than the conduct + of Britain: had this nation looked either with cowardly despair, or + negligent inactivity, on the rising power of France and the troubles + of the continent; had the distribution of empire been left to chance, + our thoughts confined wholly to commerce, and our prospects not + extended beyond our own island, the liberties of Europe had been at an + end, the French had established themselves in the secure possession of + universal monarchy, would henceforth have set mankind at defiance, and + wantoned without fear in oppression and insolence. +</p> +<p> + These, my lords, are consequences of the measures pursued by his + majesty, of which neither the reality nor the importance can be + questioned, and, therefore, they may doubtless be approved without + hesitation. For surely, my lords, the addition of the Hanoverian + troops to the forces of our own nation can raise no scruples, nor be + represented as any violation of the act of settlement. +</p> +<p> + Of the meaning of that memorable act, I believe, I do not need any + information. I know it is provided, that this nation shall not be + engaged in war in the quarrel of Hanover; but I see no traces of a + reciprocal obligation, nor can discover any clause, by which we are + forbidden to make use in our own cause of the alliance of Hanover, or + by which the Hanoverians are forbidden to assist us. +</p> +<p> + I hope, my lords, this representation of the state of our transactions + with Hanover, will not be charged with artifice or sophistry. I know + how invidious a task is undertaken by him who attempts to show any + connexion between interests so generally thought opposite, and am + supported in this apology only by the consciousness of integrity, and + the intrepidity of truth. +</p> +<p> + The assistance of Hanover, my lords, was, at this time, apparently + necessary. Our own troops, joined with the Hessians, composed a body + too small to make any efficacious opposition to the designs of France; + but by the addition of sixteen thousand men, became sufficiently + formidable to oblige her to employ those troops for the security of + her frontiers, with which she intended to have overwhelmed Italy, and + to have exalted another Spanish prince to a new kingdom. The + Spaniards, deprived of this assistance, harassed by the Austrians with + perpetual alarms, and debarred by our fleet from the supplies which + are provided for them in their own country, must languish with penury + and hardships, being equally cut off from succour and from flight. +</p> +<p> + Thus, my lords, it is evident, that the true and everlasting interest + of Britain has been steadily pursued; that the measures formed to + promote it have been not only prudent, but successful. We did not + engage sooner in the quarrel, because we were not able to form an army + sufficiently powerful. An advantageous peace is only to be obtained by + vigorous preparations for war; nor is it to be expected that our + enemies should court our friendship, till they see that our opposition + is really formidable. Such, my lords, is our present state; we may + reasonably hope that the French will desist from their designs, + because they will have a confederacy to oppose, more powerful than + that by which their immortal monarch was lately humbled; and I hope + that conduct will always be applauded in this house, which enables us + to repress the arrogance of France. +</p> +<p> + Lord WESTMORELAND then spoke to the following purport:—My lords, + though the warmth with which the noble lord has defended the motion, + and the confidence with which he asserts the propriety and efficacy of + the measures to which it relates, are such proofs of the strength of + his conviction as leave no room to doubt his sincerity; yet as the + same arguments do not operate upon different minds with the same + force, I hope I shall not be thought less sincere, or less studious of + the publick happiness, or the honour of the crown, though I presume to + differ from him. +</p> +<p> + In the motion now before us, I cannot concur, because, though it + should be allowed to contain a just representation of foreign affairs, + yet it appears to me to omit those considerations which I think it the + duty of this house to offer to his majesty. This nation is, in my + opinion, exposed to enemies more formidable than the French; nor do I + think that we are at leisure to defend the liberties of Europe, till + we have made some provisions for the security of our own; or to + regulate the balance of power, till we have restored our constitution + to its ancient equilibrium. +</p> +<p> + That there are flagrant proofs of the most enormous corruption + throughout the whole subordination of publick offices; that our + publick funds are only nurseries of fraud, and that trust of every + kind is only considered as an opportunity of plundering, appears + evidently from the universal prevalence of luxury and extravagance, + from the sudden affluence of private men, from the wanton riot of + their tables, the regal splendour of their equipages, and the + ostentatious magnificence of their buildings. +</p> +<p> + It is evident, likewise, that corruption is not confined to publick + offices; that those who have lost their own integrity, have + endeavoured to destroy the virtue of others; that attempts have been + made to subject the whole nation to the influence of corruption, and + to spread the contagion of bribery from the highest to the lowest + classes of the people. +</p> +<p> + It is therefore necessary, before we engage in the consideration of + foreign affairs, to prosecute the inquiry which was begun in the last + session, to trace wickedness to its source, and drag the authors of + our miseries into the light. +</p> +<p> + These, my lords, are the inquiries which the general voice of the + people importunately demands; these are the petitions which ought + never to be rejected; all parties are now united, and all animosities + extinguished; nor is there any other clamour than for inquiries and + punishment. +</p> +<p> + The other house, my lords, has been engaged in the laudable attempt to + detect those who have betrayed, or plundered, or corrupted their + country; and surely we ought to have so much regard to our own honour, + as not to suffer them to toil alone in a design so popular, so just, + and so necessary, while we amuse ourselves with applauding the + sagacity of our ministers, who, whatever they may hope themselves, or + promise others, have not yet prevailed on any foreign power to concur + with them, or to interpose in the affairs of the continent. And, + therefore, I cannot conceal my suspicion, that instead of furnishing + any subject for panegyricks on our policy and caution, we are now + wasting our treasures and our strength in a romantick expedition. +</p> +<p> + Since, therefore, my lords, our domestick evils seem to me most + dangerous, I move, that in order to their speedy remedy, and that the + people may see we do not forget their immediate interest, this + addition be made to the motion now before us: +</p> +<p> + "And humbly to assure his majesty, that we will apply our constant and + persevering endeavours to calm and heal animosities and divisions, + unseasonable as they are at all times, and most pernicious in the + present juncture, which the true fatherly tenderness of his majesty, + out of the abundance of his constant care for the rights and liberties + of his people, has so affectionately at the close of last session + recommended from the throne, by searching thoroughly and effectually + into the grounds, which are or may be assigned for publick discontent, + agreeably to the ancient rules and methods of parliament." +</p> +<p> + This additional clause being delivered in writing to the speaker, he + read it to the house, but said that the noble lord spoke so low, that + he could not tell where he proposed to have it inserted. Lord + WESTMORELAND then directed him to read the motion, which done, he + desired that his clause might be added at the end. +</p> +<p> + Upon this lord RAYMOND spoke as follows:—My lords, the addition which + the noble lord has offered to the address proposed, cannot, in my + opinion, be properly admitted, as it has no relation to the preceding + clauses, but is rather inconsistent with them. +</p> +<p> + Nor do I think it only improper with regard to the other part of the + motion, but unnecessary in itself; since it has no reference to his + majesty's speech, now under our consideration; since it will + facilitate none of our inquiries, which may be carried on with equal + vigour without any such unseasonable declaration of our design. +</p> +<p> + If, therefore, the motion for the amendment be not withdrawn, I shall + move, that the first question be first put. +</p> +<p> + [The question was then put with regard to the first motion, and it + passed in the affirmative, without any division.] +</p> +<a name="2H_4_9"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF COMMONS, DECEMBER 10, 1742. +</h2> +<p> + Motion in the committee of supplies, for granting pay for sixteen + thousand Hanoverian troops for the four months last past. +</p> +<p> + Sir William YONGE opened the debate, and spoke in substance as + follows:—Sir, though the general state of the kingdoms of Europe + cannot be supposed to be wholly unknown in this assembly, yet since + the decision of the question now before us, must depend upon the + conceptions which every man has formed with regard to the affairs on + the continent, it will be necessary to exhibit them to view in a + narrow compass, that nothing which may contribute to our information + may be overlooked or forgotten. +</p> +<p> + The late emperour, for some time before his death, finding that there + remained little hopes of male issue, and that his family would be + consequently in danger of losing part of the honours and dignities + which it had so long enjoyed, turned his thoughts to the security of + his hereditary dominions, which he entailed upon his eldest daughter, + to preserve them from being broken into fragments, and divided among + the numerous pretenders to them; and that this settlement might be + preserved from violation, employed all the opportunities which any + extraordinary conjunctures presented to him of obtaining the + concurrence and ratification of the neighbouring states. +</p> +<p> + As it was always the interest of this nation to support the house of + Austria, as a counterbalance to the power of France, it was easy to + procure from us a solemn accession to this important settlement; and + we, therefore, promised to support it, whenever it should be attacked. + This was, in reality, only a promise to be watchful for our own + advantage, and to hinder that increase of the French influence, which + must, at length, be fatal to ourselves. +</p> +<p> + The like engagements were proposed to many other powers, which + proposals were by most of them accepted, and among others by France, + upon consideration of a very large increase of her dominions; and it + was hoped, that whatever might be determined by the electors with + respect to the imperial dignity, the hereditary dominions to the house + of Austria would remain in the same family, and that France would be + hindered by her own engagements from disturbing the peace of the + empire. +</p> +<p> + But no sooner did the death of the emperour give the enemies of the + house of Austria hopes of gratifying without danger their resentment + and ambition, than almost all the neighbouring princes began to revive + their pretensions, and appeared resolved to recover by force, what + they alleged to have been only by force withheld from them. Armies + were raised on all sides, invasions either attempted or threatened + from every quarter, and the whole world looked upon the daughter of + Austria either with pity or with joy, as unable to make any stand + against the general confederacy, and under a necessity of yielding to + the most oppressive terms, and purchasing peace from her enemies at + their own price. +</p> +<p> + It cannot be mentioned, without indignation, that this universal + combination was formed and conducted by the influence of the French, + who, after having agreed to the Pragmatick sanction, omitted no + endeavours to promote the violation of it; and not only incited the + neighbouring princes to assert their claim by promises of assistance, + but poured numerous armies into the empire, not only to procure by + force, and without the least regard to equity, an election in favour + of the duke of Bavaria, but to assist him in the invasion of the + Austrian dominions, of which the settlement had been ratified by their + concurrence, purchased at a price which might justly have been thought + too great, even though they had observed their stipulations. +</p> +<p> + The pleas which they advanced in vindication of their conduct, it is + not necessary to relate; since, however artfully they may be formed, + the common sense of mankind must perceive them to be false. It is to + no purpose, that they declare themselves not to have receded from + their promise, because they enter the empire only as auxiliaries, and + their troops act under the command of the elector of Bavaria; since he + that furnishes troops for the invasion of those territories which he + is obliged to protect, may very justly be considered as an invader; as + he who assists a thief, partakes the guilt of theft. +</p> +<p> + All contracts, sir, whether between states or private persons, are to + be understood according to the known intention of the two parties; and + I suppose it will not be pretended, by the most hardened advocate for + the conduct of the French, that the late emperour would have + purchased, at so dear a rate, their accession to the Pragmatick + sanction, if he had supposed, that they still thought themselves at + liberty to employ all their treasure and their force in assisting + others to violate it. +</p> +<p> + It is well known, that an unsuccessful war, which the French are + likewise suspected of assisting, had, a short time before the death of + the emperour, weakened his forces, and exhausted his revenues; and + that, therefore, when he was surprised by death, he left his family + impoverished and defenceless; so that his daughter being without money + or armies, and pressed by enemies on every side of her dominions, was + immediately reduced to such distress as, perhaps, she only was able to + support, and such difficulties as no other would have entertained the + least hope of being able to surmount. +</p> +<p> + In the first crush of her calamities, when she was driven by the + torrent of invasion from fortress to fortress, and from kingdom to + kingdom, it is not to be denied, that most of the guarantees of the + Pragmatick sanction stood at gaze, without attempting that relief + which she incessantly called upon them to afford her; and which, + indeed, they could deny upon no other pretence, than that they were + convinced it would be ineffectual, that her ruin was not to be + prevented, and that she must be swallowed up by the deluge of war, + which it appeared impossible to resist or to divert. +</p> +<p> + The queen, however, determined to assert her rights, and to defend her + dominions; and, therefore, assembled her forces, and made such + opposition, that some of her enemies finding the war, to which they + were encouraged only by a belief of the certainty of success, likely + to become more hazardous than they expected, soon desisted from their + claims, and consented to peace upon moderate conditions; and the most + formidable of her enemies, being alienated from the French by + experience of their treachery, and, perhaps, intimidated by the + bravery of his enemies, was at last willing to become neutral, and to + be satisfied with the recovery of his own claims, without assisting + the elector of Bavaria. +</p> +<p> + Thus far has this illustrious princess struggled in the tempest of the + continent with very little assistance from her confederates; but it + cannot be supposed, that these violent efforts have not exhausted her + strength, or that she must not be, at length, overpowered by the + armies which the French, enraged at the disappointment of their + schemes, are sending against her. She has an incontestable claim to + our assistance, promised by the most solemn stipulations, and, + therefore, not to be withheld upon any views of present advantage. The + prudence and magnanimity which she has discovered, prove, that she + deserves to be supported upon the common principles of generosity, + which would not suffer a brave man to look idly upon a heroine + struggling with multitudes; and the opposition which she has been able + to make alone, shows that assistance will not be vain. +</p> +<p> + These considerations, though, since the senate has determined to + assist her, they are not immediately necessary in a question which + relates only to the manner in which that assistance shall be given, + are yet not entirely useless; since they may contribute to overbalance + any prejudices that may obstruct the schemes which have been formed, + and quicken the endeavours of men who might be inclined to reject + those counsels to which any specious objections shall be raised, or to + lose that time in deliberation, which ought to be employed in action. +</p> +<p> + As the assistance of this distressed princess has been already voted + by the senate, it is now no longer to be inquired, what advantages can + be gained to this nation by protecting her, or whether the benefits of + victory will be equivalent to the hazards of war? These questions are + already determined. It has already appeared necessary to this house, + to restore the balance of power by preserving the house of Austria; + and the only question, therefore, that remains is, by what means we + shall endeavour to preserve it? and whether the means that have + already been used, deserve our approbation? +</p> +<p> + Among the several schemes that were proposed for this end, it appeared + most proper to the ministry to form an army in the low countries, + whence they might be ready to march wherever their presence might be + required, and where they might be easily supplied with necessaries. + This army was to be raised with expedition; the affairs of the queen + of Hungary could admit of no delay; auxiliary troops were, therefore, + to be hired, and it appeared to them more proper to hire the troops of + Hanover than of any other nation. +</p> +<p> + That the affairs of the queen of Hungary would admit of no delay, and + that, therefore, the army in the low countries was very speedily to be + formed, cannot be doubted by any one that compares her power with that + of the nation against which she was contending; a nation incited by a + long train of success to aspire to universal monarchy; a nation which + has long been assembling armies, and accumulating treasures, in order + to give law to the rest of the world; which had for many years stood + against the united force of all the bordering powers, and to which the + house of Austria is not equal in its full strength, much less when its + treasures had been exhausted, and its troops destroyed in an + unfortunate war before the death of the emperour; and when almost + every part of its dominions was threatened by a particular power, and + the troops of each province were employed in the defence of their own + towns; so that no great armies could be collected, because no place + could be left without defenders. +</p> +<p> + Such was the state of the Austrian dominions, when the troops of + France broke in upon them; and in this state it must readily be + acknowledged, that neither courage nor prudence could procure success; + that no stratagems could long divert, nor any resistance repel such + superiority of power, and that, therefore, relief must be speedy, to + be efficacious. +</p> +<p> + That to bring the relief which we had promised, with expedition + sufficient to procure any advantages to our ally, to preserve her + provinces from being laid waste, her towns from being stormed, and her + armies from being ruined; to repress the confidence of the French, and + recall them from conquests to the defence of their own territories, it + was apparently necessary to hire foreign troops; for to have sent over + all our own forces, had been to have tempted the French to change + their design of invading the Austrian dominions, into that of + attacking Britain, and attempting to add this kingdom to their other + conquests; to have raised new troops with expedition equal to the + necessity that demanded them, was either absolutely impossible, or at + least, very difficult; and when raised, they would have been only new + troops, who, whatever might be their courage, would have been without + skill in war, and would, therefore, have been distrusted by those whom + they assisted, and despised by those whom they opposed. +</p> +<p> + Nothing, therefore, remained, but that auxiliaries should be tried, + and the only question then to be decided, was, what nation should be + solicited to supply us? Nor was this so difficult to be answered as in + former times, since there was not the usual liberty of choice; many of + the princes who send their troops to fight for other powers, were at + that time either influenced by the promises, or bribed by the money, + or intimidated by the forces of France; some of them were engaged in + schemes for enlarging their own dominions, and therefore were + unwilling to supply others with those troops for which they were + themselves projecting employment; and, perhaps, of some others it + might reasonably be doubted, whether they would not betray the cause + which they should be retained to support, and whether they would not + in secret wish the depression of the queen of Hungary, by means of + those invaders whom they promised to resist. +</p> +<p> + Sir, amidst all these considerations, which there was not time + completely to adjust, it was necessary to turn their eyes upon some + power to which none of these objections could be made; and, therefore, + they immediately fixed upon the electorate of Hanover, as subject to + the same monarch, and of which, therefore, the troops might be + properly considered as our national allies, whose interest and + inclinations must be the same with our own, and whose fidelity might + be warranted by our own sovereign. +</p> +<p> + It was no small advantage that the contract for these troops could be + made without the delay of tedious negotiations; that they were ready + to march upon the first notice, and that they had been long learned in + the exactest discipline. +</p> +<p> + The concurrence of all these circumstances easily determined our + ministers in their choice, and the troops were ordered to join the + Britons in the Low Countries; a step which so much alarmed the French, + that they no longer endeavoured to push forward their conquests, nor + appeared to entertain any other design than that of defending + themselves, and returning in safety to their own country. +</p> +<p> + Such was the conduct of our ministry, such were their motives, and + such has been their success; nor do I doubt but this house will, upon + the most rigorous examination, find reason to approve both their + integrity and prudence. Of their integrity they could give no greater + proof, than their confidence of the agreement of this house to + measures which, though conformable in general to our resolutions, were + not particularly communicated to us; because, indeed, it could not be + done without loss of time, which it was necessary to improve with the + utmost diligence, and a discovery of those designs, which ought only + to be known by the enemy after they were executed. Of their prudence, + their success is a sufficient evidence; and, therefore, I cannot doubt + but gentlemen will give a sanction to their conduct, by providing, + according to the estimates before the committee, for the support of + troops, which have been found of so great use. +</p> +<p> + Lord POWLETT rose up next, and spoke to the effect following:—Sir, + the honourable gentleman has with so much clearness and elegance + displayed the state of Europe, explained the necessity of hiring + foreign troops, and showed, the reasons for which the troops of + Hanover were preferred to those of any other nation, that I believe it + not to be of any use to urge other arguments than those which he has + produced. +</p> +<p> + As, therefore, it is indisputably necessary to hire troops, and none + can be hired which can be so safely trusted as those of Hanover, I + cannot but agree with the right honourable gentleman, that this + measure of his majesty ought to be supported. +</p> +<p> + Sir JOHN ST. AUBYN then spoke as follows:—Sir, it is with the + greatest difficulties that I rise up to give you this trouble, and + particularly after the honourable gentleman with whom I am so very + unequal to contend. But when my assent is required to a proposition, + so big with mischiefs, of so alarming a nature to this country, and + which I think, notwithstanding what the honourable gentleman has most + ingeniously said, must determine from this very day, who deserves the + character and appellation of a Briton, I hope you will forgive me, if + I take this last opportunity which perhaps I may ever have of speaking + with the freedom of a Briton in this assembly. +</p> +<p> + I am not able to follow the honourable gentleman in any refinements of + reason upon our foreign affairs; I have not subtilty enough to do it, + nor is it in my way as a private country gentleman. But though country + gentlemen have not that sagacity in business, and, for want of proper + lights being afforded us, the penetration of ministers into publick + affairs; yet give me leave to say, they have one kind of sense which + ministers of state seldom have, and at this time it is of so acute a + nature, that it must, overthrow the arguments of the most refined + administration; this is the sense of feeling the universal distresses + of their country, the utter incapacity it now lies under of sustaining + the heavy burdens that are imposing upon it. +</p> +<p> + This I take to be the first, the great object of this day's debate. + Consider well your strength at home, before you entangle yourselves + abroad; for if you proceed without a sufficient degree of that, your + retreat will be certain and shameful, and may in the end prove + dangerous. Without this first, this necessary principle, whatever may + be the machinations, the visionary schemes of ministers, whatever + colourings they may heighten them with, to mislead our imaginations, + they will prove in the end for no other purpose, but to precipitate + this nation, by empty captivating sounds, into the private views and + intrigues of some men, so low, perhaps, in reputation and authority, + as to be abandoned to the desperate necessity of founding their ill + possessed precarious power upon the ruins of this country. +</p> +<p> + Next to the consideration of our inward domestick strength, what + foreign assistances have we to justify this measure? Are we sure of + one positive active ally in the world? Nay, are not we morally certain + that our nearest, most natural ally, disavows the proceeding, and + refuses to cooperate with us? One need not be deep read in politicks + to understand, that when one state separates itself from another, to + which it is naturally allied, it must be for this plain reason, that + the interest is deserted which is in common to them both. And it is an + invariable rule in this country, a rule never to be departed from, + that there can no cause exist in which we ought to engage on the + continent, without the aid and assistance of that neighbouring state. + This is the test, the certain mark, by which I shall judge, that the + interest of this country is not at present the object in pursuit. +</p> +<p> + Is any man then wild enough to imagine, that the accession of sixteen + thousand Hanoverian mercenaries will compensate for the loss of this + natural ally? No; but it is said that this indicates such a firmness + and resolution within ourselves, that it will induce them to come in. + Sir, if they had any real proofs of our firmness and resolution, that + the interest of this country was to be pursued, I dare say they would + not long hesitate. But they look with a jealous eye upon this measure, + they consider it as an argument of your weakness, because it is + contrary to the genius and spirit of this country, and may, therefore, + lessen his majesty in the affections of his people. +</p> +<p> + They have for some years past looked upon a British parliament as the + corrupt engine of administration, to exhaust the riches, and impair + the strength of this country. They have heard it talk loudly, indeed, + of the house of Austria, when it was in your power to have raised her + to that state, in which she was properly to be considered as the + support of the balance of Europe, if timid neutralities had not + intervened, and our naval strength had properly interposed to her + assistance. +</p> +<p> + They have lately looked upon this parliament, and with the joy of a + natural ally they have done it, resenting your injuries, bravely + withstanding the power, that you might restore the authority of your + government, demanding constitutional securities, appointing a + parliamentary committee for inquiry and justice. Sir, they now see + that inquiry suppressed, and justice disappointed. In this situation, + what expectations can we form of their accession to us; talking bigly, + indeed, of vindicating foreign rights, but so weak and impotent at + home, as not to be able to recover our own privileges? +</p> +<p> + But this measure is said to be undertaken in consequence of the advice + of parliament. There has been great stress laid upon this. It has been + loudly proclaimed from the throne, echoed back again from hence, and + the whole nation is to be amused with an opinion, that upon this + measure, the fate of the house of Austria, the balance and liberties + of Europe, the salvation of this country, depend. +</p> +<p> + But was this fatal measure the recommendation of parliament, or was it + the offspring of some bold enterprising minister, hatched in the + interval of parliament, under the wings of prerogative; daring to + presume upon the corruption of this house, as the necessary means of + his administration? The object, indeed, might be recommended, but if + any wrong measure is undertaken to attain it, that measure surely + should be dropt; for it is equally culpable to pursue a good end by + bad measures, as it is a bad end by those that are honest. +</p> +<p> + But as to the address, I wish gentlemen would a little consider the + occasion which produced it. Sir, it proceeded from the warmth of + expectation, the exultation of our hearts, immediately after, and with + the same breath that you established your committee of inquiry; and it + is no forced construction to say, that it carries this testimony along + with it, that national securities and granting supplies were + reciprocal terms. +</p> +<p> + But, sir, I must own for my part, was the occasion never so cogent, + Hanoverian auxiliaries are the last that I would vote into British + pay; not upon the consideration only, that we ought otherwise to + expect their assistance, and that we should rather make sure of others + that might be engaged against us; but from this melancholy + apprehension, that administrations will for ever have sagacity enough + to find out such pretences, that we may find it difficult to get rid + of them again. +</p> +<p> + Besides, the elector of Hanover, as elector of Hanover, is an + arbitrary prince; his electoral army is the instrument of that power; + as king of Great Britain he is a restrained monarch. And though I + don't suspect his majesty, and I dare say the hearts of the British + soldiery are as yet free and untainted, yet I fear that too long an + intercourse may beget a dangerous familiarity, and they may hereafter + become a joint instrument, under a less gracious prince, to invade our + liberties. +</p> +<p> + His majesty, if he was rightly informed, I dare say would soon + perceive the danger of the proposition which is now before you. But, + as he has every other virtue, he has, undoubtedly, a most passionate + love for his native country, a passion which a man of any sensation + can hardly divest himself of; and, sir, it is a passion the more + easily to be flattered, because it arises from virtue. I wish that + those who have the honour to be of his councils, would imitate his + royal example, and show a passion for their native country too; that + they would faithfully stand forth and say, that, as king of this + country, whatever interests may interfere with it, this country is to + be his first, his principal care; that in the act of settlement this + is an express condition. But what sluggish sensations, what foul + hearts must those men have, who, instead of conducting his majesty's + right principles, address themselves to his passions, and misguide his + prejudices? making a voluntary overture of the rights and privileges + of their country, to obtain favour, and secure themselves in power; + misconstruing that as a secondary consideration, which in their own + hearts they know to be the first. +</p> +<p> + Sir, we have already lost many of those benefits and restrictions + which were obtained for us by the revolution, and the act of + settlement. For God's sake, let us proceed no farther. But if we are + thus to go on, and if, to procure the grace and favour of the crown, + this is to become the flattering measure of every successive + administration,—this country is undone! +</p> +<p> + Mr. BLADEN then rose up, and spoke to the following purport:—Sir, if + zeal were any security against errour, I should not willingly oppose + the honourable gentleman who has now declared his sentiments; and + declared them with such ardour, as can hardly be produced but by + sincerity; and of whom, therefore, it cannot be doubted, that he has + delivered his real opinion; that he fears from the measures which he + censures, very great calamities; that he thinks the publick + tranquillity in danger; and believes that his duty to his country + obliged him to speak on this occasion with unusual vehemence. +</p> +<p> + But I am too well acquainted with his candour to imagine, that he + expects his assertions to be any farther regarded than they convince; + or that he desires to debar others from the same freedom of reason + which he has himself used. I shall therefore proceed to examine his + opinion, and to show the reasons by which I am induced to differ from + him. +</p> +<p> + The arguments upon which he has chiefly insisted, are the danger of + hiring the troops of Hanover in any circumstances, and the impropriety + of hiring them now without the previous approbation of the senate. +</p> +<p> + The danger of taking into our pay the forces of Hanover, the + contrariety of this conduct to the act of settlement, and the + infraction of our natural privileges, and the violation of our + liberties which is threatened by it, have been asserted in very strong + terms, but I think not proved with proportionate force; for we have + heard no regular deduction of consequences by which this danger might + be shown, nor have been informed, how the engagement of sixteen + thousand Hanoverians to serve us against France for the ensuing year, + can be considered as more destructive to our liberties than any other + forces. +</p> +<p> + It is, indeed, insinuated, that this conduct will furnish a dangerous + precedent of preference granted to Hanover above other nations; and + that this preference may gradually be advanced, till in time Hanover + may, by a servile ministry, be preferred to Britain itself, and that, + therefore, all such partiality ought to be crushed in the beginning, + and its authors pursued with indignation and abhorrence. +</p> +<p> + That to prefer the interest of Hanover to that of Britain would be in + a very high degree criminal in a British ministry, I believe no man in + this house will go about to deny; but if no better proof can be + produced, that such preference is intended than the contract which we + are now desired to ratify, it may be with reason hoped, that such + atrocious treachery is yet at a great distance; for how does the hire + of Hanoverian troops show any preference of Hanover to Britain? +</p> +<p> + The troops of Hanover are not hired by the ministry as braver or more + skilful than those of our own country; they are not hired to command + or to instruct, but to assist us; nor can I discover, supposing it + possible to have raised with equal expedition the same number of + forces in our own country, how the ministry can be charged with + preferring the Hanoverians by exposing them to danger and fatigue. +</p> +<p> + But if it be confessed, that such numbers would not possibly be + raised, or, at least, not possibly disciplined with the expedition + that the queen of Hungary required, it will be found, that the + Hanoverians were at most not preferred to our own nation, but to other + foreigners, and for such preference reasons have been already given + which I shall esteem conclusive, till I hear them confuted. +</p> +<p> + The other objection on which the honourable gentleman thought it + proper to insist, was the neglect of demanding from the senate a + previous approbation of the contract which is now before us; a + neglect, in his opinion, so criminal, that the ministry cannot be + acquitted of arbitrary government, of squandering the publick money by + their own caprice, and of assuming to themselves the whole power of + government. +</p> +<p> + But the proof of this enormous usurpation has not yet been produced; + for it does not yet appear, that there was time to communicate their + designs to the senate, or that they would not have been defeated by + communication; and, therefore, it is yet not evident, but that when + they are censured for not having laid their scheme before the senate, + they are condemned for omitting what was not possibly to be done, or + what could not have been done, without betraying their trust, and + injuring their country. +</p> +<p> + It is allowed, that the senate had resolved to assist the queen of + Hungary; and, therefore, nothing remained for the ministers but to + execute with their utmost address the resolution that had been formed; + if for the prosecution of this design they should be found to have + erred in their choice of means, their mistakes, unless some ill + designs may justly be suspected, are to be imputed to the frailty of + human nature, and rather to be pitied, and relieved as misfortunes, + than punished as crimes. +</p> +<p> + But I doubt not, that in the course of our deliberations, we shall + find reason for concluding that they have acted not only with fidelity + but prudence; that they have chosen the means by which the great end + which the senate proposed, the succour of the queen of Hungary, and + consequently the reestablishment of the balance of power, will be most + easily attained; and that they have taken into the pay of this nation + those troops which may be trusted with the greatest security, as they + have the same prince, and the same interest. +</p> +<p> + But the honourable gentleman appears inclined to advance a new + doctrine, and to insinuate, that when any vote is passed by the + senate, the ministers are to suppose some conditions which are to be + observed, though they were never mentioned, and without which the + voice of the senate is an empty sound. In pursuance of this + supposition, he calls upon us to recollect the time and circumstances + in which this vote was passed; he reminds us, that the concession was + made in a sudden exultation of our hearts, in the raptures of triumph, + and amidst the shouts of conquest, when every man was forming + expectations which have never been gratified, and planning schemes + which could never be perfected. +</p> +<p> + He seems therefore to think, that our ministers insidiously took + advantage of our intoxication, and betrayed us in a fit of thoughtless + jollity to a promise, which when made, we hardly understood, and which + we may, therefore, now retract. He concludes, that the concession + which might then escape us ought not to have been snatched by our + ministers, and made the foundation of their conduct, because they knew + it was made upon false suppositions, and in prospect of a recompense + that never would be granted. +</p> +<p> + I hope there is no necessity for declaring, that this reasoning cannot + safely be admitted, since, if the vote of the senate be not a + sufficient warrant for any measure, no man can undertake the + administration of our affairs, and that government which no man will + venture to serve must be quickly at an end. +</p> +<p> + For my part, I know not how the nation or the senate has been + disappointed of any just expectations, nor can I conceive that any + such disappointments vacate their votes or annul their resolutions, + and therefore I cannot but think the ministry sufficiently justified, + if they can show that they have not deviated from them. +</p> +<p> + Lord QUARENDON spoke next to the effect following:—Sir, I am so far + from thinking that the past conduct or the present proposals of the + ministry deserve approbation, that, in my opinion, all the arguments + which have been produced in their favour are apparently fallacious, + and even the positions on which they are founded, and which are laid + down as uncontrovertible, are generally false. +</p> +<p> + It is first asserted, that we are indispensably obliged to assist the + queen of Hungary against France, and to support her in the possession + of the hereditary dominions of the Austrian house, and from thence is + precipitately inferred the necessity of assembling armies, and hiring + mercenaries, of exhausting our treasure, and heaping new burdens upon + the publick. +</p> +<p> + That we concurred with other powers in promising to support the + Pragmatick sanction is not to be denied, nor do I intend to insinuate, + that the faith of treaties ought not strictly to be kept; but we are + not obliged to perform more than we promised, or take upon ourselves + the burden which was to be supported by the united strength of many + potentates, and of which we only engaged to bear a certain part. We + ought, undoubtedly, to furnish the troops which we promised, and ought + to have sent them when they were first demanded; but there is no + necessity that we should supply the deficiencies of every other power, + and that we should determine to stand alone in defence of the + Pragmatick sanction; that we should, by romantick generosity, + impoverish our country, and entail upon remotest posterity poverty and + taxes. We ought to be honest at all events; we are at liberty, + likewise, to be generous at our own expense, but I think we have + hardly a right to boast of our liberality, when we contract debts for + the advantage of the house of Austria, and leave them to be paid by + the industry or frugality of succeeding ages. +</p> +<p> + It is, therefore, at least, dubious, whether we ought to hazard more + than we promised in defence of the house of Austria; and, + consequently, the first proposition of those who have undertaken the + defence of the ministry requires to be better established, before it + becomes the basis of an argument. +</p> +<p> + But though it be allowed, that we ought to exceed our stipulations, + and engage more deeply in this cause than we have promised, I cannot + yet discover upon what principles it can be proved, that sixteen + thousand Hanoverians ought to be hired. Why were not our troops sent + which have been so long maintained at home only for oppression and + show? Why have they not at last been shown the use of those weapons + which they have so long carried, and the advantages of that exercise + which they have been taught to perform with so much address? Why have + they not, at length, been shown for what they had so long received + their pay, and informed, that the duty of a soldier is not wholly + performed by strutting at a review? +</p> +<p> + If it be urged, that so great a number could not be sent out of the + kingdom without exposing it to insults and irruptions, let it be + remembered how small a force was found sufficient for the defence of + the kingdom in the late war, when the French were masters of a fleet + which disputed, for many years, the empire of the sea; and it will + appear, whether it ought to be imputed to prudence or to cowardice, + that our ministers cannot now think the nation safe without thrice the + number, though our fleets cover the ocean, and steer from one coast to + another without an enemy. +</p> +<p> + But to show more fully the insufficiency of the vindication which has + been attempted, and prove, that no concession will enable the ministry + to defend their schemes, even this assertion shall be admitted. We + will allow for the present, that it is necessary to garrison an island + with numerous forces against an enemy that has no fleet. I will grant, + that invaders may be conveyed through the air, and that the + formidable, the detestable pretender may, by some subterraneous + passage, enter this kingdom, and start on a sudden into the throne. + Yet will not all this liberality avail our ministers, since it may be + objected, that new forces might easily have been raised, and our own + island have been, at once, defended, and the queen of Hungary assisted + by our native troops. +</p> +<p> + Since the necessity of expedition is urged, it may reasonably be + inquired, what it was that appeared so immediately necessary, or what + has been brought to pass by this wonderful expedition? Was it + necessary to form an army to do nothing? Could not an expedition in + which nothing was performed, in which nothing was attempted, have been + delayed for a short time, and might not the queen of Hungary have been + preserved equally, whether the troops of her allies slept and fattened + in her country or their own? +</p> +<p> + Nothing, surely, can be more ridiculous than to expatiate upon the + necessity of raising with expedition an useless body of forces, which + has only been a burden to the country in which it has been stationed, + and for which pay is now demanded, though they have neither seen a + siege nor a battle; though they have made no attempt themselves, nor + hindered any that might have been made by the enemy. +</p> +<p> + To make this plea yet more contemptible, we are informed, that if we + had raised an army of our countrymen, they would have been + unacquainted with arms and discipline, and, therefore, they could not + have done what has been done by these far-famed Hanoverians. This, + indeed, I cannot understand, having never found, that the Britons + needed any documents or rules to enable them to eat and drink at the + expense of others, to bask in the sun, or to loiter in the street, or + perform any of the wonders that may be ascribed to our new + auxiliaries; and, therefore, I cannot but think, that all the actions + of the four months for which those forces expect to be paid, might + have been brought to pass by new-raised Britons, who might in the mean + time have learned their exercise, and have been made equal to any + other soldiers that had never seen a battle. +</p> +<p> + But if foreign troops were necessary, I am still at a loss to find out + why those of Hanover were chosen, since it appears to me, that by + hiring out his troops to Britain, our monarch only weakens one hand to + strengthen the other. It might be expected, that he should have + employed these troops against France without hire, since he is not + less obliged, either by treaty or policy, to protect the house of + Austria as elector of Hanover, than as king of Britain. +</p> +<p> + Since, therefore, the troops of Hanover were hired, without the + consent of the senate, they have hitherto performed nothing; and since + it is reasonable to expect, that without being paid by Britain they + will be employed against the French, I think it expedient to discharge + them from our service, and to delay the pay which is required for the + last four months, till it shall appear how they have deserved it. +</p> +<p> + Mr. FOX then rose, and spoke to the following purport:—Sir, though + the observations of the right honourable gentleman must be allowed to + be ingenious, and though the eloquence with which he has delivered + them, naturally excites attention and regard, yet I am obliged to + declare, that I have received rather pleasure than conviction from his + oratory; and that while I applaud his imagination and his diction, I + cannot but conclude, that they have been employed in bestowing + ornaments upon errour. +</p> +<p> + I shall not, indeed, attempt to confute every assertion which I think + false, or detect the fallacy of every argument which appears to me + sophistical, but shall leave to others the province of showing the + necessity of engaging in the war on the continent, of employing a + large force for the preservation of the house of Austria, and of + forming that army with the utmost expedition, and of taking + auxiliaries into our pay, and confine myself to this single question, + whether, supposing auxiliaries necessary, it was not prudent to hire + the troops of Hanover? +</p> +<p> + Nothing can be, in my opinion, more apparent, than that if the + necessity of hiring troops be allowed, which surely cannot be + questioned, the troops of Hanover are to be chosen before any other, + and that the ministry consulted in their resolutions the real interest + of their country, as well as that of our ally. +</p> +<p> + The great argument which has in all ages been used against mercenary + troops, is the suspicion which may justly be entertained of their + fidelity. Mercenaries, it is observed, fight only for pay, without any + affection for the master whom they serve, without any zeal for the + cause which they espouse, and without any prospect of advantage from + success, more than empty praises, or the plunder of the field, and, + therefore, have no motives to incite them against danger, nor any + hopes to support them in fatigues; that they can lose nothing by + flight, but plunder, nor by treachery, but honour; and that, + therefore, they have nothing to throw into the balance against the + love of life, or the temptations of a bribe, and will never be able to + stand against men that fight for their native country under the + command of generals whom they esteem and love, and whom they cannot + desert or disobey, without exposing themselves to perpetual exile, or + to capital punishment. +</p> +<p> + These arguments have always been of great force, and, therefore, that + nation whose defence has been intrusted to foreigners, has always been + thought in danger of ruin. Yet there have been conjunctures in which + almost every state has been obliged to rely upon mercenaries, and in + compliance with immediate necessity, to depend upon the fidelity of + those who had no particular interest in supporting them. But with much + greater reason may we trust the success of the present war, in some + degree, to the troops of Hanover, as they are, perhaps, the only + foreign forces against which the arguments already recited are of no + force. They are foreigners, indeed, as they are born in another + country, and governed by laws different from ours; but they are the + subjects of the same prince, and, therefore, naturally fight under the + same command; they have the same interest with ourselves in the + present contest, they have the same hopes and the same fears, they + recommend themselves equally to their sovereign by their bravery, and + can neither discover cowardice nor treachery, without suffering all + the punishment that can be feared by our native troops, since their + conduct must be censured by the same prince of whose approbation they + are equally ambitious, and of whose displeasure they are equally + afraid. +</p> +<p> + As to the troops which any neutral prince might furnish, there would + be reason to fear, that either for larger pay, or upon any casual + dispute that might arise, they might be withdrawn from our service + when they were most needed, or transferred to the enemy at a time when + his distress might compel him to offer high terms, and when, + therefore, there was a near prospect of an advantageous peace. But of + the troops of Hanover no such suspicion can be formed, since they + cannot engage against us without rebelling against their prince; for + it cannot be imagined, that his majesty will fight on one side as + elector of Hanover, and on the other as king of Britain; or that he + will obstruct the success of his own arms, by furnishing the troops of + Hanover to the enemies of this kingdom. +</p> +<p> + It, therefore, appears very evident, that we have more to hope and + less to fear from the troops of Hanover, than from any other; since + they have the same reason with ourselves to desire the success of the + queen of Hungary, and to dread the increasing greatness of the French; + and that they can be suspected neither of treachery nor desertion. It + is not very consistent with that candour with which every man ought to + dispute on publick affairs, to censure those measures which have been + proposed, without proposing others that are more eligible; for it is + the duty of every man to promote the business of the publick; nor do I + know why he that employs his sagacity only to obstruct it, should + imagine, that he is of any use in the national council. +</p> +<p> + I doubt not but I shall hear many objections against the use of these + troops, and that upon this question, virulence and ridicule will be + equally employed. But for my part, I shall be little affected either + with the laughter that may be raised by some, or the indignation that + may be expressed by others, but shall vote for the continuance of + these measures till better shall be proposed; and shall think, that + these troops ought to be retained, unless it can be shown, that any + others may be had, who may be less dangerous, or of greater use. +</p> +<p> + Mr. PITT then rose up, and spoke, in substance as follows:—Sir, if + the honourable gentleman determines to abandon his present sentiments + as soon as any better measures are proposed, I cannot but believe, + that the ministry will very quickly be deprived of one of their ablest + defenders; for I think the measures which have hitherto been pursued + so weak and pernicious, that scarcely any alteration can be proposed + that will not be for the advantage of the nation. +</p> +<p> + He has already been informed, that there was no necessity of hiring + auxiliary troops, since it does not yet appear, that either justice or + policy required us to engage in the quarrels of the continent, that + there was any need of forming an army in the Low Countries, or that, + in order to form an army, auxiliaries were necessary. +</p> +<p> + But not to dwell upon disputable questions, I think it may be justly + concluded, that the measures of our ministry have been ill concerted, + because it is undoubtedly wrong to squander the publick money without + effect, and to pay armies only to be a show to our friends, and a jest + to our enemies. +</p> +<p> + The troops of Hanover, whom we are now expected to pay, marched into + the Low Countries, indeed, and still remain in the same place; they + marched to the place most distant from enemies, least in danger of an + attack, and most strongly fortified, if any attack had been designed; + nor have any claim to be paid, but that they left their own country + for a place of greater security. +</p> +<p> + It is always reasonable to judge of the future by the past; and, + therefore, it is reasonable to conclude, that the services of these + troops will not, next year, be of equal importance with that for which + they are now to be paid; and I shall not be surprised, though the + opponents of the ministry should be challenged, after such another + glorious campaign, to propose better men, and should be told, that the + money of this nation cannot be more properly employed than in hiring + Hanoverians to eat and sleep. +</p> +<p> + But to prove yet more particularly, that better measures may be taken, + and that more useful troops may be retained, and that, therefore, the + honourable gentleman may be expected to quit those to whom he now + adheres, I shall show, that in hiring the forces of Hanover, we have + obstructed our own designs; that we have, instead of assisting the + queen of Hungary, withdrawn part of her allies from her; and that we + have burdened the nation with troops, from whom no service can be + reasonably expected. +</p> +<p> + The advocates for the ministry have, on this occasion, affected to + speak of the balance of power, the Pragmatick sanction, and the + preservation of the queen of Hungary, not only as if they were to be + the chief care of Britain, which, though easily controvertible, might, + perhaps, in compliance with long prejudices, be admitted, but as if + they were to be the care of Britain alone; as if the power of France + were formidable to no other people, as if no other part of the world + would be injured by becoming a province to an universal monarchy, and + being subjected to an arbitrary government of a French deputy, by + being drained of its inhabitants, only to extend the conquests of its + masters, and to make other nations equally miserable, and by being + oppressed with exorbitant taxes, levied by military executions, and + employed only in supporting the state of its oppressors. They dwell + upon the importance of publick faith, and the necessity of an exact + observation of treaties; as if the Pragmatick sanction had been signed + by no other potentate than the king of Britain, or as if the publick + faith were to be obligatory to us only. +</p> +<p> + That we should inviolably observe our treaties, and observe them + though every other nation should disregard them; that we should show + an example of fidelity to mankind, and stand firm, though we should + stand alone in the practice of virtue, I shall readily allow; and, + therefore, I am far from advising that we should recede from our + stipulations, whatever we may suffer by performing them, or neglect + the support of the Pragmatick sanction, however we may be at present + embarrassed, or however inconvenient it may be to assert it. +</p> +<p> + But surely for the same reason that we observe our own stipulations, + we ought to incite other powers, likewise, to the observation of + theirs; at least not contribute to hinder it. But how is our present + conduct agreeable to these principles? The Pragmatick sanction was + confirmed not only by the king of Britain, but by the elector, + likewise, of Hanover, who is, therefore, equally obliged, if treaties + constitute obligation, to defend the house of Austria against the + attacks of any foreign power, and to send in his proportion of troops + to the support of the queen of Hungary. +</p> +<p> + Whether these troops have been sent, those whose provinces oblige them + to some knowledge of foreign affairs, can inform the house with more + certainty than I; but since we have not heard them mentioned in this + debate, and have found, by experience, that none of the merits of that + electorate are passed over in silence, it may, I think, fairly be + concluded, that the distresses of the illustrious queen of Hungary + have yet received no alleviation from her alliance with Hanover, that + her complaints have moved no compassion at that court, nor the justice + of her cause obtained any regard. +</p> +<p> + To what can we impute this negligence of treaties, this disregard of + justice, this defect of compassion, but to the pernicious counsels of + those men who have advised his majesty to hire to Britain those troops + which he should have employed in the assistance of the queen of + Hungary; for it is not to be imagined, that his majesty has more or + less regard to justice as king of Britain, than as elector of Hanover; + or that he would not have sent his proportion of troops to the + Austrian army, had not the temptations of greater profit been + industriously laid before him. +</p> +<p> + But this is not all that may be urged against this conduct; for can we + imagine, that the power of France is less, or that her designs are + less formidable to Hanover than to Britain? nor is it less necessary + for the security of Hanover, that the house of Austria should be + reestablished in its former grandeur, and enabled to support the + liberties of Europe against the bold attempts for universal monarchy. +</p> +<p> + If, therefore, our assistance be an act of honesty, and granted in + consequence of treaties, why may it not equally be required of + Hanover? And if it be an act of generosity, why should this nation + alone be obliged to sacrifice her own interest to that of others? Or + why should the elector of Hanover exert his liberality at the expense + of Britain? +</p> +<p> + It is now too apparent, that this great, this powerful, this + formidable kingdom, is considered only as a province to a despicable + electorate; and that, in consequence of a scheme formed long ago, and + invariably pursued, these troops are hired only to drain this unhappy + nation of its money. That they have hitherto been of no use to + Britain, or to Austria, is evident beyond controversy; and, therefore, + it is plain, that they are retained only for the purposes of Hanover. +</p> +<p> + How much reason the transactions of almost every year have given for + suspecting this ridiculous, ungrateful, and perfidious partiality, it + is not necessary to mention. I doubt not but most of those who sit in + this house can recollect a great number of instances, from the + purchase of part of the Swedish dominions, to the contract which we + are now called upon to ratify. I hope few have forgotten the memorable + stipulation for the Hessian troops, for the forces of the duke of + Wolfenbuttel, which we were scarcely to march beyond the verge of + their own country, or the ever memorable treaty, of which the tendency + is discovered in the name; the treaty by which we disunited ourselves + from Austria, destroyed that building which we may, perhaps, now + endeavour, without success, to raise again, and weakened the only + power which it was our interest to strengthen. +</p> +<p> + To dwell upon all the instances of partiality which have been shown, + to remark the yearly visits that have been made to that delightful + country, to reckon up all the sums that have been spent to aggrandize + and enrich it, would be at once invidious and tiresome; tiresome to + those who are afraid to hear the truth, and to those who are unwilling + to mention facts dishonourable or injurious to their country; nor + shall I dwell any longer on this unpleasing subject than to express my + hopes, that we shall not any longer suffer ourselves to be deceived + and oppressed; that we shall at length perform the duty of the + representatives of the people, and by refusing to ratify this + contract, show, that however the interest of Hanover has been + preferred by the ministers, the senate pays no regard but to that of + Britain. +</p> +<p> + Mr. Horace WALPOLE then spoke to the following purpose:—Sir, though I + have long considered the mercenary scribblers of disaffection as the + disgrace of the kingdom and the pest of society, yet I was never so + fully sensible of their pernicious influence. +</p> +<p> + I have hitherto imagined, that the weekly journalists and the + occasional pamphleteers were the oracles only of the lowest of the + people; and that all those whom their birth or fortune has exalted + above the crowd, and introduced to a more extensive conversation, had + considered them as wretches compelled to write by want, and obliged, + therefore, to write what will most engage attention, by flattering the + envy or the malignity of mankind; and who, therefore, propagate + falsehoods themselves, not because they believe them, and disseminate + faction, not because they are of any party, but because they are + either obliged to gratify those that employ them, or to amuse the + publick with novelties, or disturb it with alarms, that their works + may not pass unregarded, and their labour be spent in vain. +</p> +<p> + This is my opinion of the party writers, and this I imagined the + opinion of the rest of mankind, who had the same opportunities of + information with myself: nor should I readily have believed, that any + of their performances could have produced greater effects than those + of inflaming the lowest classes of the people, and inciting drunkards + to insult their superiours, had I not perceived, that the honourable + gentleman who spoke last, owed his opinions of the partiality shown to + the dominions of Hanover, to a late treatise which has, on occasion of + this contract, been very industriously dispersed among the people. +</p> +<p> + Of this detestable pamphlet, I know not the author, nor think he + deserves that any inquiry should be made after him, except by a + proclamation that may set a price upon his head, and offer the same + reward for discovering him, as is given for the conviction of wretches + less criminal: nor can I think the lenity of the government easily to + be distinguished from supineness and negligence, while libels like + this are dispersed openly in the streets, and sold in shops without + fear and without danger; while sedition is professedly promoted, and + treason, or sentiments very nearly bordering upon treason, propagated + without disguise. +</p> +<p> + The scribbler of this wicked treatise has endeavoured to corrupt the + principles of his majesty's faithful subjects, not only by vilifying + the memory of the late king, whose justice, humanity, and integrity, + are generally reverenced, but by insinuating, likewise, that our + present most gracious sovereign has adopted the same schemes, and + endeavours to aggrandize Hanover at the expense of Britain; that all + the measures that have been taken with regard to the affairs of the + continent, have been contrived with no other view than that of + advancing the interest, enlarging the bounds, and increasing the + riches of the Hanoverian territories; he declares, that Britain has + been steered by the rudder of Hanover, and that the nation will soon + be divided into two more opposite and irreconcilable parties than ever + yet disturbed the publick peace, Britons and Hanoverians. +</p> +<p> + That he himself, whoever he be, longs for those times of division and + confusion, may be easily believed, and the number of those who have + the same wishes with himself, is, I fear, too great; but I believe + their hopes will not be encouraged, nor their designs promoted in this + house; and that none of those who are intrusted to represent their + country, will suffer themselves to be misled by such wicked + insinuations. +</p> +<p> + Mr. NUGENT then spoke to this effect:—Sir, I know not for what reason + the honourable gentleman has thought it convenient, to retard the + deliberations of this house, by expatiating upon the falsehood and + malignity of a pamphlet, of which the author is unknown, of which no + man has attempted the vindication, and which, however diligently + dispersed, or however generally credited, appears to have had no great + influence upon the nation, nor to have produced any effects that might + give just occasion to so tragical an outcry, to censures as vehement + and bitter, as if the trumpet of rebellion had been sounded, as if + half the people had taken arms against their governours, as if the + commonwealth was on the brink of dissolution, and armies were in full + march against the metropolis. +</p> +<p> + This pamphlet, with the rest of the people, I have read; and though I + am far from thinking, that the censure of that honourable gentleman + can make a defence necessary, since, indeed, be has contented himself + with invective instead of argument, and, whatever he may disapprove, + has confuted nothing: and though I have no particular reason for + exposing myself as the champion for this author, whoever he may be, + yet I cannot forbear to affirm, that I read some passages with + conviction, and that, in my opinion, they require a different answer + from those which have been yet offered; and that the impressions which + have been made upon the people, will not be effaced by clamour and + rage, and turbulence and menaces, which can affect only the person of + the writer, but must leave his reasons in their full force, and even + with regard to his person, will have very little effect; for though + some men in power may be offended, it will not be easy to quote any + law that has been broken by him. +</p> +<p> + On this occasion I cannot but animadvert, I hope with the same pardon + from the house, as has been obtained by the honourable gentleman whom + I am now following, upon an expression in frequent use among the + followers of a court, whenever their measures are censured with spirit + and with justice. The papers which they cannot confute, and which they + have not yet been able to obtain the power of suppressing, are + asserted to <i>border</i> upon treason; and the authors are threatened with + punishments, when they have nothing to fear from a reply. +</p> +<p> + Treason is happily denned by our laws, and, therefore, every man may + know when he is about to commit it, and avoid the danger of + punishment, by avoiding the act which will expose him to it; but with + regard to the <i>borders</i> of treason, I believe no man will yet pretend + to say how far they extend, or how soon, or with how little intention + he may tread upon them. Unhappy would be the man who should be + punished for <i>bordering</i> upon guilt, of which those fatal <i>borders</i> + are to be dilated at pleasure by his judges. The law has hitherto + supposed every man, who is not <i>guilty</i>, to be <i>innocent</i>; but now we + find that there is a kind of medium, in which a man may be in danger + without guilt, and that in order to security, a new degree of caution + is become necessary; for not only crimes, but the borders of crimes + are to be avoided. +</p> +<p> + What improvements may be made upon this new system, how far the + borders of treason may reach, or what pains and penalties are designed + for the <i>borderers</i>, no degree of human sagacity can enable us to + foresee. Perhaps the borders of royalty may become sacred, as well as + the borders of treason criminal; and as every placeman, pensioner, and + minister, may be said to border on the court, a kind of sanctity may + be communicated to his character, and he that lampoons or opposes him, + may border upon treason. +</p> +<p> + To dismiss this expression with the contempt which it deserves, yet + not without the reflections which it naturally excites, I shall only + observe, that all extension of the power of the crown must be + dangerous to us; and that whoever endeavours to find out new modes of + guilt, is to be looked on, not as a good subject, but a bad citizen. +</p> +<p> + Having thus shown, that the censure produced against this pamphlet is + unintelligible and indeterminate, I shall venture to mention some of + the assertions which have heated the gentleman into so much fury. + Assertions which I cannot be supposed to favour, since I wish they + might be false, and which I only produce in this place to give some, + whom their stations make acquainted with publick affairs, an + opportunity of confuting them. +</p> +<p> + It is asserted, that the French appear to have treated all our + armaments with contempt, and to have pursued all their schemes with + the same confidence as if they had no other enemy to fear than the + forces of Austria; this is, indeed, no pleasing observation, nor can + it be supposed to give satisfaction to any Briton, to find the + reputation of our councils and of our arms so much diminished, to find + the nation which lately gave laws to Europe, scarcely admitted to + friendship, or thought worthy of opposition in enmity, to hear that + those troops, which, in the days of our former monarchs, shook the + thrones of the continent, are passed by, without fear, and without + regard, by armies marching against their allies, those allies in whose + cause they formerly fought in the field. But the truth of the + assertion is too plain to all the nations of the world; and those + whose interest it may be to conceal from their countrymen what is + known to all the continent, may rage, indeed, and threaten, but they + cannot deny it; for what enterprise have we hitherto either prevented + or retarded? What could we have done on one side, or suffered on the + other, if we had been struck out from existence, which has not been + suffered, or not done, though our armies have been reviewed on the + continent, and, to make yet a better show, lengthened out by a line of + sixteen thousand of the troops of Hanover. +</p> +<p> + It is asserted in the same treatise, that the troops of Hanover cannot + act against the king, and that, therefore, they are an useless burden + to the state; that they compose an army of which no other effect will + be found but that they eat, and eat at the expense of Britain. This + assertion is, indeed, somewhat more contestable than the former, but + is at least credible; since, if we may be permitted on this, as on + other occasions, to judge of the future from the past, we may + conclude, that those who have let pass such opportunities as their + enemies have in the height of contempt and security presented to them, + will hardly ever repair the effects of their conduct, by their bravery + or activity in another campaign; but that they will take the pay of + Britain, and, while they fatten in plenty, and unaccustomed affluence, + look with great tranquillity upon the distresses of Austria, and, in + their indolence of gluttony, stand idle spectators of that deluge, by + which, if it be suffered to roll on without opposition, their own + halcyon territories must at last be swallowed up. +</p> +<p> + The last assertion which I shall extract from this formidable + pamphlet, is more worthy of attention than the former, but, perhaps, + may be suspected to border more nearly upon treason: I shall, however, + venture to quote, and, what is still more dangerous, to defend it. +</p> +<p> + It is proposed that, instead of squandering, in this time of danger, + the expenses of the publick upon troops of which it is at best + doubtful, whether they will be of any use to the queen of Hungary, + whether they can legally engage against the king, and whether they + would be of any great use, though they were set free from any other + restraints than regard to their own safety; instead of amusing our + ally with an empty show of assistance, of mocking her calamities with + unefficacious friendship, and of exposing ourselves to the ridicule of + our enemies, by idle armaments without hostility, by armies only to be + reviewed, and fleets only to be victualled, we should remit the sums + required for the payment of the Hanoverians to the queen of Hungary, + by whom we know that it will be applied to the great purposes for + which the senate granted it, the establishment of the liberties of + Europe, and the repression of the house of Bourbon. +</p> +<p> + This proposal, however contrary to the opinion of the ministers, I + take the liberty of recommending to the consideration of the house, + as, in my opinion, the most effectual method of preserving the remains + of the greatness of the house of Austria. It is well known, that these + troops are hired at a rate which they never expected before, that + levy-money is paid for forces levied before the commencement of the + bargain, that they are paid for acting a long time before they began + to march, and that, since they appeared to consider themselves as + engaged in the quarrel, their march has been their whole performance, + a march not against the enemy, but from him; a march, in which there + was nothing to fear, nor any thing to encounter; and, therefore, I + think it cannot be denied, that the publick treasure might have been + better employed. +</p> +<p> + The same sum remitted to the queen of Hungary, will enable her to hire + a much greater number of troops out of her own dominions, troops of + whose courage she can have no doubt, and whose fidelity will be + strengthened by common interest and natural affection; troops that + will fight like men, defending their wives and their children, and who + will, therefore, bear fatigue with patience, and face danger with + resolution; who will oppose the French as their natural enemies, and + think death more eligible than defeat. +</p> +<p> + Thus shall we assert the rights of mankind, and support the faith of + treaties, oppose the oppressors of the world, and restore our ancient + allies to their former greatness, without exhausting our own country; + for it is not impossible, that by the proper use of this sum, the + queen may obtain such advantages in one campaign, as may incline the + French to desert the king, and content themselves with the peaceable + possession of their own territories; for it is to be remembered, that + they are now fighting only for a remote interest, and that they will + not hazard much; a firm resistance will easily incline them to wait + for some more favourable opportunity, and there will be then leisure + for forming our measures in such a manner, that another opportunity + may never be offered them. +</p> +<p> + But of the present scheme, what effect can be expected but ignominy + and shame, disgrace abroad, and beggary at home? to this expense what + limits can be set? when is there to be an end of paying troops who are + not to march against our enemies? as they will at all times be of + equal use, there will be at all times the same reason for employing + them, nor can there ever be imagined less need of idle troops, than in + a time of war. +</p> +<p> + I am, therefore, afraid, that in a short time the Hanoverians may + consider Britain as a tributary province, upon which they have a right + to impose the maintenance of sixteen thousand men, who are to be + employed only for the defence of their own country, though supported + at the expense of this. I am afraid that we shall be taught to + imagine, that the appearance of the Hanoverians is necessary in our + own country, perhaps to check the insolence of the sons of freedom, + who, without fear, border upon treason. I am afraid, that his majesty + or his successour may be advised by sycophants and slaves to trust the + guard of his person to the trusty Hanoverians, and advised to place no + confidence in the natives of Britain. +</p> +<p> + For my part, I think it a very wise precept by which we are directed + to obviate evils in the beginning; and therefore, since, in my + opinion, the influence of Hanover must be destructive to the royal + family, and detrimental to those kingdoms, I shall endeavour to + obviate it by voting against any provision for these useless + mercenaries, and declaring that I shall more willingly grant the + publick money to any troops than those of Hanover. +</p> +<p> + Lord PERCIVAL spoke next as follows:—Sir, I look upon the question + now under your consideration, to vary very little in reality from that + which was debated here the first day of this session. The principal + point in the debate of that day, was the same with that which is more + regularly the debate of this, <i>whether the</i> Hanoverian <i>forces should + be taken into</i> British <i>pay</i>? +</p> +<p> + Sir, I should then have offered my sentiments upon this question, if + so many other gentlemen had not delivered my sense in so much a better + manner than I thought myself able to do, that it would have appeared a + great presumption in me, and would have given the house an unnecessary + trouble. The same reason had induced me to have been silent also upon + this occasion, if the temper of the times, the little indulgence shown + by gentlemen to one another, when they happen to differ in political + opinions, and the popular circumstance in which I stand, did not in + some sort oblige me to protect the vote I then gave, and that which I + now intend to give, by the reasons that induce me to give it. +</p> +<p> + Sir, there are three principal considerations in this question; first, + whether we are to assist the house of Austria and balance of power at + all, aye or no? then, whether we ought to do it with our whole force? + and lastly, whether the Hanoverian troops should be made a part of + that force? +</p> +<p> + As to the first consideration, a new doctrine has been taught and + inculcated for some months past, that it is of no importance to this + nation what may happen on the continent; that this country being an + island intrenched within its own natural boundaries, it may stand + secure and unconcerned in all the storms of the rest of the world. + This doctrine, inconsistent as it is with all sense and reason, + contrary as it is to the universal principles of policy by which this + nation hath been governed from the conquest to this hour, is yet + openly professed and avowed by many without these walls; and though no + man has yet ventured to own this opinion publickly and directly in + this house, yet some gentlemen even here, in effect maintain it, when + they argue, that in no case this nation ought to assist or support the + balance of power without the concurrence of the Dutch. This tends + inevitably to produce the same fatal effect; it reduces this country + to depend upon Holland, to be a province to Holland; and France would + then have no more to do to become mistress of all Europe, than to gain + over one single town of the United Provinces, or to corrupt a few + members of the States; it is, therefore, a doctrine of the greatest + danger. The only solid maxim is, that whoever becomes master of the + continent, must in the end obtain the dominion of the sea. To confirm + this, I may venture to cite an old example, nor can I be accused of + pedantry in doing of it, since it is an instance drawn from the last + universal monarchy to which the world submitted. The Romans had no + sooner divided, broken and subdued those powers upon the continent of + Europe, who had given a diversion in the great attempt they had long + intended, than they attacked the Carthaginians, a maritime power, + potent in arms, immensely opulent, possessed of the trade of the whole + world, and unrivalled mistress of the sea. Yet these people, who + enjoyed no wealth, pursued no commerce, and at the commencement of + their quarrel were not masters of a single ship, at length prevailed + against this enemy upon their proper element, beat and destroyed their + fleets, invaded their dominions, and subdued their empire. From + whence, sir, I must conclude, that we cannot wholly rely upon our + situation, or depend solely on our naval power; and I may venture to + reason upon this axiom, <i>that this nation must contribute to support + the house of Austria and the balance of power in some degree</i>. +</p> +<p> + The next question that occurs, is, in what degree we ought to do it, + and whether we should do it with our whole force? Taking, therefore, + our footing here upon this axiom, that we must contribute to it in + some degree, and taking farther to our aid the reasoning of those + gentlemen, who think it a work of such extreme danger, and almost + desperate, the natural and evident conclusion can be only this, that + as we must do it, so we must do it <i>with the utmost vigour, and with + our whole force</i>. +</p> +<p> + We come now to consider, whether the Hanoverian troops should be made + part of that force? There are several considerations previous to the + decision of this question. First, whether they are <i>as cheap</i> as any + other forces we can hire? Then, whether they are <i>as good</i>? Next, + whether they are as properly <i>situated</i>? And whether they are <i>as much + to be depended upon</i>? If, as to every one of these particulars, the + answer must be made in the affirmative, I think it will go very far to + determine the question now before you. +</p> +<p> + As to the first, <i>that they are as cheap</i>, nay, upon the whole, much + cheaper, the estimates now upon your table, notwithstanding any cavil, + do sufficiently demonstrate. +</p> +<p> + <i>That they are as good</i>, what man can doubt, who knows the character + of the German nation? What man can doubt, who knows the attention of + his majesty to military discipline? Those gentlemen can least pretend + to doubt it, who sometimes do not spare reflections upon that + attention which they insinuate to be too great. +</p> +<p> + That these troops are not properly <i>situated</i>, will be hardly asserted + at this time, when they are actually now in Flanders, and now acting + in conjunction with our troops. Let any man consider the map of + Europe, let him observe the seat of the war, and he must evidently + see, that whether their service may be required in Flanders, whether + upon the Rhine, or in the heart of Germany, in every one of these + cases, the Hanoverian forces are <i>as properly circumstanced and + situated as any troops in Europe</i>. +</p> +<p> + It remains in the last place to examine, <i>whether any other troops can + be better depended upon</i>; and sure nothing can be more obvious than + that we may rely with more security on these than any other. They are + subjects of the same prince, and of a prince indulgent to all his + subjects, and accused by those who differ in other points from me, of + being partial against the interest of his German dominions. Unless, + therefore, we arraign the first principle upon which a free government + can be supported, and without which every exercise of arbitrary power + would be warranted, we must allow that such a people will be faithful + to such a prince, will defend him with a strict fidelity, and support + his quarrel with the utmost zeal; with a zeal which can never be + expected from the mercenary troops of any other foreign power. +</p> +<p> + This naturally leads us to inquire what other troops we can depend + upon; the answer to this inquiry is short and positive; that as + affairs now stand abroad, we can depend upon none but these; let us + carry this consideration with us in a survey of all Europe; <i>shall we + take into our pay sixteen thousand of the Dutch?</i> Would this be the + means of bringing Holland into alliance with us? Would they act at + their own expense, would they exert their own proper force? Would they + pay their own troops in aid of the common cause, when they found this + nation ready to do it for them? They would act like madmen if they + did. <i>Shall we hire</i> Danes? Is there a gentleman in this house, who is + not convinced that this power has been warped, for some time past, + towards the interest of France? When we hired these troops in the last + instance, did they not deceive us? Did they not even refuse to march? + nay, farther, are they not in all appearance now upon the point of + being employed in a quarrel of their own? a quarrel in which they will + have need of all their force. <i>Shall we then hire</i> Saxons? An + honourable gentleman seemed to think that there may be some + possibility of this, and perhaps there may hereafter, when the king of + Prussia's views are known, and the part he shall resolve to act; but + Saxony is certainly now too much exposed to, and cannot fail to be + alarmed at his growing power; at the great augmentation of his armies, + and the secret and vast designs which he seems to meditate. This + measure, therefore, is not practicable in the present conjuncture; + that electorate cannot hazard its own security in these precarious + circumstances, by lending out so great a body of its troops. Would + gentlemen advise the hire of Prussian troops to serve us in this + conjuncture? They who do advise it, must forget strangely the part so + lately acted by that prince, and the variety of his conduct with + regard to his different allies within the space of the two last years. + I shall guard myself in my expressions, and maintain a proper respect + in discoursing of so great a character; but I must say thus much, that + the ministry would act with great imprudence, to put the safety of the + British troops, and to risk the fate of this army, upon the event of + such a measure. I need not say more; for it is not yet proved to us, + that this prince would (I wish there was no reason to believe he would + not) lend us this body of his men, though we should be disposed to + take them into pay. <i>The Swiss cantons, therefore, now alone remain</i>; + and indeed from them we probably might procure a greater number; but I + leave it to the judgment of any man of sense and candour, whether any + minister of this nation could warrant the employment of sixteen + thousand Swiss in this service? For when we reflect upon the situation + of these provinces, and compare it with that of our British troops who + are now in Flanders, it is visible that they must pass four hundred + miles upon the borders of the Rhine, flanked by the strong places of + France, during their whole march, exposed to the garrisons and armies + upon that frontier, by whom it can never be supposed that they would + be suffered to pass unmolested, when France must so well know the + intention of their march to be for no other end, but to make a + conjunction with other troops in the British pay, in order afterwards + to invade, or at least to interrupt the views of that kingdom with + their united force. +</p> +<p> + These reasons, sir, prove invincibly to me, that if we are to assist + the house of Austria by an army, we must, of prudence, nay, of + necessity, in part, compose that army of the Hanoverian troops. +</p> +<p> + But yet there is another state of this question, an alternative of + which some gentlemen seem very fond, <i>whether it would not be better + to assist the queen of Hungary with money only?</i> +</p> +<p> + This opinion at first sight is extremely plausible; if the queen of + Hungary has been able to do so much with an aid of 500,000 <i>l</i>. what + might she not be able to do with a million more? Sir, a million more + would by no means answer in the same proportion. When a sum is given + her, which with the best economy can suffice barely to put her troops + in motion, when the enemy is at her very gates, her all at an + immediate stake, there can be no room for a misapplication of it. But + a sum so immense as that of a million and a half, would dazzle the + eyes of a court so little used to see such sums; and as an honourable + gentleman, [Mr. Horace WALPOLE,] long versed in foreign affairs, and + well acquainted with these matters, told you in a former debate, would + be much of it squandered among the Austrian ministers and favourites. + I make no scruple to add to this, that some small part might fall to + the share of ministers elsewhere. But there is another danger which + gentlemen who contend for this measure do not consider: can they who + profess a distrust of all ministers, and particularly those who are + now employed at home; they who have ever argued against all votes of + credit, upon this principle, that it affords an opportunity to + ministers of defrauding the service, and of putting large sums into + the purse of the crown, or into their private pockets; can they now + argue for this measure, which I may be bold to say, would be in effect + the most enormous vote of credit that was ever given in the world? + Gentlemen insinuate, that the taking the Hanoverian forces into + British pay, is a criminal complaisance, calculated only to confirm an + infant and a tottering administration. But how much greater means for + such a purpose, would an alternative like this afford? Suppose a + minister, unfirm in his new-acquired power, to ingratiate himself with + his prince, should propose a scheme to replenish the coffers of an + exhausted civil list, squandered in such vile purposes, that no man + could have the hardiness to come to parliament, or dare to hope a + supply for it by any regular application to this house? What method + could be devised by such a minister himself, to do the job more + excellent than this? For who can doubt that (guard it how you will) + the queen of Hungary might be induced, in the condition in which she + now stands, to accept a million, and to give a receipt in full for the + whole sum? How could you prevent an understanding of this kind between + two courts? and how easy, therefore, might it be to sink 500,000 <i>l</i>. + out of so vast a grant? Sir, I will suspect no minister, but I will + trust none in this degree; and I wonder other gentlemen do not + suspect, if I do not. From hence, therefore, I consider this as a + proposition both fallacious and unsafe; for though it be a fact, that + the same sum of money might maintain in Austria double the number of + troops; yet, if no more than half that money should be applied (as I + have shown great reason to believe that it would not) to the uses of + the war, it is evident that you would deceive yourselves, and would + have but an equal number of raw, irregular, undisciplined, and much + worse troops for it. +</p> +<p> + But, sir, there is yet a stronger argument against the supply in money + only. What are our views in supporting the queen of Hungary? Our views + are <i>general</i> and <i>particular</i>; <i>general</i>, to save the house of + Austria, and to preserve a balance of power; <i>particular</i>, to prevent + the French from making any farther acquisitions on this side of + Flanders. The first might possibly be answered in a good degree, by + giving that princess an equivalent in money; but the second cannot be + securely provided against, without an army on this side of Europe in + the British pay. Sir, is it not natural for every one of us to guard + our vital parts, rather than our more remote members? Would not the + queen of Hungary (stipulate and condition with her as you please) + apply the greatest part of these subsidies in defence of her dominions + in the heart of Germany? Might it not even induce her to enlarge her + views, and to think of conquests and equivalents for what she has + already lost, which it might be vain and ruinous for us to support her + in? Would she not leave Flanders to shift for itself, or still to be + taken care of by the Dutch and Britain? In such a case, if France + should find it no longer possible to make any impression on her + territories on the German side, what must we expect to be the + consequence? I think it very visible she would on a sudden quit her + expensive and destructive projects on that quarter, and there only + carry on a defensive war, while she fell with the greater part of her + force at once upon the Low Countries, which would by this measure be + wholly unprovided; and she might there acquire in one campaign, before + any possibility of making head against her, (which the Dutch would + hardly attempt, and could certainly not alone be able to effect,) all + that she has been endeavouring for the last century to obtain, and + what no union of powers could be ever capable of regaining from her. + All this will be effectually prevented by an army paid by us on this + side of Europe; an army ready to march to the borders of her country, + and to intercept her succours and supplies for the German war; an + army, ready to protect the petty states, whose interest and + inclination it apparently must be to declare for us, and to join their + forces with us, when they no longer fear the power of France; an army, + which may possibly give courage and spirit to greater powers, who may + still doubt, without these vigorous measures, (after what they have + formerly experienced,) whether they could even yet depend upon us; an + army, (if the posture of affairs should make it necessary,) able to + cause a powerful diversion to the French forces, by an attack upon + Lorrain and Champagne, and still within distance to return upon its + stops in time, to prevent the French from carrying any point of + consequence in Flanders, should they then attempt it. +</p> +<p> + One argument more, I beg leave to mention, and it is of great weight. + Admit that the sums raised upon the subject might be greater in the + one case than the other, the sums remitted out of the kingdom would be + infinitely less. Whatever is remitted to the queen of Hungary, is + buried in the remotest parts of Germany, and can never return to us; + whereas in a war carried on by troops in our own pay on this side, by + much the greater part of the expense returns to us again, in part by + the pay of officers, by the supply of provisions and necessaries in a + country exhausted by armies, ammunition, ordnance, horses, clothing, + accoutrements, and a multitude of other articles, which I need not + enumerate, because experience, which is the soundest reasoner, fully + proved it in the example of the last war, at the conclusion of which, + notwithstanding the prodigious sums expended in it, this nation felt + no sensible effect, from a diminution of its current specie. +</p> +<p> + Sir, I was prepared to have spoken much more largely to this subject, + but my discourse has already been drawn to a greater length than I + imagined, in treating upon the argument thus far. I shall, therefore, + avoid troubling you any farther upon it at this time; I shall only + observe, that in my humble opinion, it is sufficiently proved, first, + that we must assist the house of Austria, and that we must do it with + all our force; next, that we cannot do it with money only, but in part + with a land army, and that this land army cannot be conveniently (I + may say possibly) composed, at this time, without the Hanoverian + troops. This question, therefore, can, I think, be no longer debated, + but upon the foot of popular prejudices and insinuations of an + improper connexion of Hanoverian and British interests; but as I could + not enter into this subject without concern and indignation, and as it + is a very delicate point for me in particular to debate upon, I shall + leave this part of the question to other gentlemen, who can engage in + it both with less inconvenience, and with more ability, than it is + possible for me to do. +</p> +<p> + To which Mr. George GRENVILLE replied in substance:—Sir, though I am + far from thinking myself able to produce, without study or + premeditation, a complete answer to the elaborate and artful harangue + which you have now heard, yet as I cannot be convinced of the + reasonableness of the measures which have been defended with so much + subtilty, I shall at least endeavour to show, that my disapprobation + is not merely the effect of obstinacy, and that I have at least + considered the proposals of the ministry, before I have ventured to + condemn them. +</p> +<p> + Whether we ought to think ourselves indispensably obliged to maintain, + at all events, the balance of power on the continent, to maintain it + without allies, to maintain it against a combination of almost all + Europe, I shall not now inquire; I will suppose it, for once, our duty + to struggle with impossibility, and not only to support the house of + Austria when it is attacked, but to raise it when it is fallen; fallen + by our own negligence, and oppressed with the weight of all the + surrounding powers; and shall, therefore, at present, only inquire by + what means we may afford that assistance with most benefit to our + allies, and least danger to ourselves. +</p> +<p> + With regard to our ally, that assistance will be apparently most + advantageous to her, by which her strength will be most increased, and + therefore it may, perhaps, be more useful to her to find her money + than troops; but if we must supply her with troops, I doubt not but it + will readily appear, that we may easily find troops which may be of + more use and less expense than those of Hanover. +</p> +<p> + It has been observed, with regard to the convenient situation of those + troops, that it cannot now be denied, since they are acting in + Flanders in conjunction with the British forces. This is an assertion + to which, though it was uttered with an air of victorious confidence, + though it was produced as an insuperable argument, by which all those + who intended opposition were to be reduced to silence and despair, + many objections may be made, which it will require another harangue + equally elaborate to remove. +</p> +<p> + That the troops of Hanover are now acting in conjunction with the + Britons, I know not how any man can affirm, unless he has received + intelligence by some airy messengers, or has some sympathetick + communication with them, not indulged to the rest of mankind. None of + the accounts which have been brought hither of the affairs of the + continent have yet informed us of any action, or tendency to action; + the Hanoverians have, indeed, been reviewed in conjunction with our + forces, but have, hitherto, not acted; nor have the armies yet + cemented the alliance by any common danger, or shown yet that they are + friends otherwise than by sleeping and eating together, by eating at + the expense of the same nation. +</p> +<p> + Nor am I at present inclined to grant, that either army is situated + where it may be of most use to the queen of Hungary; for they now + loiter in a country which no enemy threatens, and in which nothing, + therefore, can be feared; a country very remote from the seat of war, + and which will probably be last attacked. If the assistance of the + queen of Hungary had been designed, there appears no reason why the + Hanoverians should have marched thither, or why this important + conjunction should have been formed, since they might, in much less + time, and with less expense, have joined the Austrians, and, perhaps, + have enabled them to defeat the designs of the French, and cut off the + retreat of the army which was sent to the relief of Prague. But this + march, though it would have been less tedious, would have been more + dangerous, and would not have been very consistent with the designs of + those who are more desirous of receiving wages than of deserving them; + nor is it likely, that those who required levy-money for troops + already levied, and who demanded that they should be paid a long time + before they began to march, would hurry them to action, or endeavour + to put a period to so gainful a trade as that of hiring troops which + are not to be exposed. +</p> +<p> + This conduct, however visibly absurd, I am very far from imputing + either to cowardice or ignorance; for there is reason to suspect, that + they marched into Flanders only because they could not appear in any + other place as the allies of the queen of Hungary, without exposing + their sovereign to the imperial interdict. +</p> +<p> + It is, therefore, not only certain, that these troops, these boasted + and important troops, have not yet been of any use; but probable, that + no use is intended for them, and that the sole view of those who have + introduced them into our service, is to pay their court by enriching + Hanover with the spoils of Britain. +</p> +<p> + That this is in reality their intention, appears from the estimates to + which an appeal has been so confidently made, but which, if they are + compared with a contract made for the troops of the same nation in the + last war, will show how much their price has risen since their + sovereign was exalted to this throne; though I cannot find any proof + that their reputation has increased, nor can discover, from their + <i>actions</i> in Flanders, any reason to believe that their services will + be greater. +</p> +<p> + It is now to little purpose to inquire, whether there are any other + troops that could have been more properly employed, since it is + certain, that whatever may be the general character, or the late + conduct of other nations, it is the interest of Britain to employ + rather any troops than these, as any evil is rather to be chosen than + animosities between our sovereign and our fellow-subjects; and such + animosities must inevitably arise from this detestable preference of + the troops of Hanover. +</p> +<p> + [The question was carried by 67, the Ayes being 260; Noes 193. This + affair was again debated with vehemence upon the report on Monday, + December 13, 1742, upon a question, whether the levy-money should + stand part of the general question, which was carried by 53; Ayes 230, + Noes 177.] +</p> +<a name="2H_4_10"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF LORDS, FEBRUARY 1, 1742-3. +</h2> +<p> + The order of the day for taking into consideration the several + estimates of the charge of the forces in the pay of Great Britain was + read, upon which lord STANHOPE rose up, and spoke in substance as + follows:— +</p> +<p> + My lords, I have always understood, that the peculiar happiness of the + British nation consists in this, that nothing of importance can be + undertaken by the government, without the consent of the people as + represented by the other house, and that of your lordships, whose + large possessions, and the merits either of your ancestors or + yourselves, have given you the privilege of voting in your own right + in national consultations. +</p> +<p> + The advantages of this constitution, the security which it confers + upon the nation, and the restraint which it lays upon corrupt + ministers, or ambitious princes, are in themselves too obvious to + admit of explanation, and too well known in this great assembly, by + whose ancestors they were originally obtained, and preserved at the + frequent hazard of life and fortune, for me to imagine, that I can + make them either more esteemed or better understood. +</p> +<p> + My intention, my lords, is not to teach others the regard which the + constitution of our government, or the happiness of the nation demands + from them, but to show how much I regard them myself, by endeavouring + to preserve and defend them at a time when I think them invaded and + endangered. +</p> +<p> + Upon the examination of the estimates now before us, I cannot but + think it necessary, my lords, that every man who values liberty, + should exert that spirit by which it was first established; that every + man should rouse from his security, and awaken all his vigilance and + all his zeal, lest the bold attempt that has been now made should, if + it be not vigorously repressed, be an encouragement to the more + dangerous encroachments; and lest that fabrick of power should be + destroyed, which has been erected at such expense and with such + labour; at which one generation has toiled after another, and of which + the wisdom of the most experienced and penetrating statesmen have been + employed to perfect its symmetry, and the industry of the most + virtuous patriots to repair its decays. +</p> +<p> + The first object which the estimates force upon our observation is a + numerous body of foreign troops, for the levy and payment of which a + very large sum is demanded; and demanded at a time when the nation is + to the last degree embarrassed and oppressed, when it is engaged in a + war with a powerful empire, and almost overwhelmed with the debts that + were contracted in former confederacies; when it is engaged in a war, + not for the recovery of forgotten claims, or for the gratification of + restless ambition, not for the consumption of exuberant wealth, or for + the discharge of superfluous inhabitants; but a war, in which the most + important interests are set to hazard, and by which the freedom of + navigation must be either established or lost; a war which must + determine the sovereignty of the ocean, the rights of commerce, and + the state of our colonies; a war, in which we may, indeed, be + victorious without any increase of our reputation; but in which we + cannot be defeated without losing all our influence upon foreign + powers, and becoming subject to the insolence of petty princes. +</p> +<p> + When foreign troops are hired, at a time like this, it is natural to + expect that they have been procured by contracts uncommonly frugal; + because no nation can be supposed to be lavish in a time of distress. + It is natural, my lords, to expect that they should be employed in + expeditions of the utmost importance; because no trifling advantage + ought to incite a people overburdened with taxes, to oppress + themselves with any new expense; and it may be justly supposed, that + these troops were hired by the advice of the senate; because no + minister can be supposed so hardened in defiance of his country, in + contempt of the laws, and in disregard of the publick happiness, as to + dare to introduce foreigners into the publick service, in prosecution + of his own private schemes, or to rob the nation which he professes to + serve, that he may increase the wealth of another. +</p> +<p> + But upon consideration of this estimate, my lords, all these + expectations, however reasonable in themselves, however consistent + with the declarations of the wisest statesmen, and the practice of + former times, will be disappointed; for it will be found that the + troops, of which we are now to ratify the provisions for their + payment, are raised at an expense never known on the like occasion + before, when the nation was far more able to support it; that they + have yet been employed in no expedition, that they have neither fought + a battle, nor besieged a town, nor undertaken any design, nor hindered + any that has been formed by those against whom they are pretended to + have been raised; that they have not yet drawn a sword but at a + review, nor heard the report of fire-arms but upon a festival; that + they have not yet seen an enemy, and that they are posted where no + enemy is likely to approach them. +</p> +<p> + But this, my lords, is not the circumstance which ought, in my + opinion, most strongly to affect us; troops may be raised without + being employed, and money expended without effect; but such measures, + though they ought to be censured and rectified, may be borne without + any extraordinary degree of indignation. While our constitution + remains unviolated, temporary losses may be easily repaired, and + accidental misconduct speedily retrieved; but when the publick rights + are infringed, when the ministry assume the power of giving away the + properties of the people, it is then necessary to exert an uncommon + degree of vigour and resentment; it is as necessary to stop, the + encroachments of lawless power, as to oppose the torrent of a deluge; + which may be, perhaps, resisted at first, but from which, the country + that is once overwhelmed by it, cannot be recovered. +</p> +<p> + To raise this ardour, my lords, to excite this laudable resentment, I + believe it will be only necessary to observe, that those troops were + raised without the advice or the consent of the senate; that this new + burden has been laid upon the nation by the despotick will of the + ministers, and that the demands made for their support may be said to + be a tax laid upon the people, not by the senate, but by the court. +</p> +<p> + The motives upon which the ministry have acted on this occasion are, + so far as they can be discovered, and, indeed, there appears very + little care to conceal them, such as no subject of this crown ever + dared to proceed upon before; they are such as the act of settlement, + that act to which our sovereign owes his title to this throne, ought + for ever to have excluded from British councils. +</p> +<p> + I should proceed, my lords, to explain this new method of + impoverishing our country, and endeavour to show the principles from + which it arises, and the end which it must promote. But some sudden + indisposition obliges me to contract my plan, and conclude much sooner + than I intended, with moving, "that an humble address be presented to + his majesty, to beseech and advise his majesty, that considering the + excessive and grievous expenses, incurred by the great number of + foreign troops now in the pay of Great Britain, (expenses so increased + by the extraordinary manner, as we apprehend, of making the estimates + relating thereunto, and which do not appear to us conducive to the end + proposed,) his majesty will be graciously pleased, in compassion to + his people, loaded already with such numerous and heavy taxes, such + large and growing debts, and greater annual expenses than this nation, + at any time, ever before sustained, to exonerate his subjects of the + charge and burden of those mercenaries who were taken into our service + last year, without the advice or consent of parliament." +</p> +<p> + Lord SANDWICH spoke next in support of the motion to the following + effect:—My lords, though I heard the noble lord with so much + pleasure, that I could not but wish he had been able to deliver his + sentiments more fully upon this important affair; yet I think the + motion so reasonable and just, that though he might have set it yet + more beyond the danger of opposition, though he might have produced + many arguments in defence of it, which, perhaps, will not occur to any + other lords; yet I shall be able to justify it in such a manner, as + may secure the approbation of the unprejudiced and disinterested; and, + therefore, I rise up to second it with that confidence, which always + arises from a consciousness of honest intentions, and of an impartial + inquiry after truth. +</p> +<p> + The measures, my lords, which have given occasion to this motion, have + been for some time the subject of my reflections; I have endeavoured + to examine them in their full extent, to recollect the previous + occurrences by which the ministry might have been influenced to engage + in them, and to discover the certain and the probable consequences + which they may either immediately, or more remotely produce; I have + laboured to collect from those who are supposed to be most acquainted + with the state of Europe, and the scheme of British policy which is at + present pursued, the arguments which can be offered in favour of these + new engagements; and have compared them with the conduct of former + ages upon the like occasions; but the result of all my searches into + history, all my conversation with politicians of every party, and all + my private meditations, has been only, that I am every hour confirmed, + by some new evidence, in the opinion which I had first formed; and now + imagined myself to know what I at first believed, that we are + entangled in a labyrinth of which no end is to be seen, and in which + no certain path has yet been discovered; that we are pursuing schemes + which are in no degree necessary to the prosperity of our country, by + means which are apparently contrary to law, to policy, and to justice; + and that we are involved in a foreign quarrel only to waste that + blood, and exhaust that treasure, which might be employed in + recovering the rights of commerce, and regaining the dominion of the + sea. +</p> +<p> + To prosecute the war against Spain with that vigour which interest and + resentment might be expected to produce, to repress that insolence by + which our navigation has been confined, and to punish that rapacity by + which our merchants have been plundered, and that cruelty by which our + fellow-subjects have been enslaved, tortured, and murdered, had been + an attempt in which every honest man would readily have concurred, and + to which all those who had sense to discern their own interest, or + virtue to promote the publick happiness, would cheerfully have + contributed, however loaded with taxes, oppressed with a standing + army, and plundered by the vultures of a court: nor is the ancient + spirit of the British nation so much depressed, but that when Spain + had been subdued, when our rights had been publickly acknowledged, our + losses repaired, and our colonies secured; when our ships had again + sailed in security, and our flag awed the ocean of America, we might + then have extended our views to foreign countries, might have assumed, + once more, the guardianship of the liberties of Europe, have given law + to the powers of the continent, and superintended the happiness of + mankind. But in the present situation of our affairs, when we have + made war for years without advantage, while our most important rights + are yet subject to the chance of battle, why we should engage in the + defence of other princes more than our stipulations require, I am not + able to discover; nor can I conceive what motive can incite us, after + having suffered so much from a weak enemy to irritate a stronger. +</p> +<p> + To the measures which are now pursued, were there no other arguments + to be alleged against them, I should think it, my lords, a sufficient + objection that they are unnecessary, and that this is not a time for + political experiments, or for wanton expenses. I should think, that + the present distresses of the publick ought to restrain your lordships + from approving any steps by which our burdens may be made more heavy, + burdens under which we are already sinking, and which a peace of more + than twenty years has not contributed to lighten. +</p> +<p> + But that they are unnecessary, my lords, is the weakest allegation + that can be offered; for they are such as tend not only to obstruct + the advancement of more advantageous designs, but to bring upon us the + heaviest calamities; they will not only hinder us from increasing our + strength, but will sink us to the greatest degree of weakness; they + will not only impoverish us for the present, which may be sometimes + the effect of useful and beneficial designs, but may depress us below + a possibility of recovery, and reduce us to receive laws from some + foreign power. +</p> +<p> + This is, indeed, a dreadful prospect; but what other can arise to us + from a war with France, with the most wealthy empire of the universe, + of which we were sufficiently shown the strength in the late war, by + the resistance which all the surrounding nations found it able to make + against their united efforts, and which the debts that they then + contracted, and the towns that were then destroyed, will not easily + suffer them to forget. Of this empire, my lords, thus powerful, thus + formidable, neither the dominions are contracted, nor the trade + impaired, nor the inhabitants diminished. The French armies are no + less numerous than under their late mighty monarch, their territories + are increased by new acquisitions, their trade has long been promoted + by the destruction of ours, and their wealth has been, by consequence, + increased. They have not, my lords, like this unhappy nation, been + exhausted by temporary expedients and useless armaments; they have not + harassed their merchants to aggrandize the court, nor thrown away the + opportunities which this interval of quiet has afforded them, in the + struggles of faction; they have not been multiplying officers to + betray the people, and taxing the people to support their oppressors; + but have with equal policy, diligence, and success, recovered the + losses which they then sustained, and enabled themselves to make + another stand against a general confederacy. +</p> +<p> + Against this empire, my lords, are we now to be engaged in a war, + without trade, and without money, loaded with debts, and harassed with + exactions; for what consequences can be expected from sending our + troops into the frontier towns, but that the French will charge us + with beginning hostilities, and declare war against us, or attack us + without a declaration; and that we shall be obliged to stand alone + against the whole power of the house of Bourbon, while all our ancient + allies stand at a distance spiritless and intimidated, or, perhaps, + secretly incite our enemies against us, in hopes of sharing our + plunder, or of rising on our ruin. +</p> +<p> + I know it has been alleged, and alleged with such a degree of + confidence, as it is reasonable to hope nothing could produce but a + consciousness of truth, that the Dutch have already consented to + assist us; nor is it without regret, that I find myself obliged to + declare, that this assertion is nothing more than one of those + transient visions with which it has been for a long time the custom of + British ministers to delude the people, to pacify their clamours, and + lull them in security; one of those artifices from which nothing more + is expected, than that it shall operate upon the nation, till the + circumstances of our affairs furnish out another, which is likewise, + in a short time, to be exploded only to make way for new falsehoods in + a perpetual succession. +</p> +<p> + Such, my lords, is the art of government discovered by the wonderful + sagacity of modern statesmen; who have found out, that it is easier to + palliate than to cure; and that the people maybe quieted by political + soporificks, while diseases are preying upon them, while their + strength decays, and their vitals are consumed. +</p> +<p> + That these falsehoods prevail upon mankind, and that after the + discovery of one cheat, another equally gross is patiently borne, + cannot but raise the wonder of a man who views the world at a + distance, and who has not opportunities of inquiring into the various + motives of action or belief. Such an one would be inclined to think us + a nation of fools, that must be stilled with rattles, or amused with + baubles; and would readily conclude, that our ministers were obliged + to practise such fallacies, because they could not prevail upon us by + motives adapted to reasonable beings. +</p> +<p> + But if we reflect, my lords, upon the different principles upon which + reports like these are propagated and opposed, it will easily be + discovered that their success is not to be imputed either to superiour + art on one side, or uncommon weakness on the other. It is well known + that they are promoted by men hired for that purpose with large + salaries, or beneficial employments, and that they can be opposed only + from a desire of detecting falsehood, and advancing the publick + happiness: it is apparent that those who invent, those who circulate, + and, perhaps, part of those who counterfeit belief of them, are + incited by the prospect of private advantage, and immediate profit; + and that those who stop them in their career by contradiction and + objections, can propose no other benefit to themselves, than that + which they shall receive in common with every other member of the + community; and, therefore, whoever has sufficiently observed mankind, + to discover the reason for which self-interest has in almost all ages + prevailed over publick spirit, will be able to see why reports like + these are not always suppressed by seasonable detections. +</p> +<p> + A minister ought not to flatter himself that he has always deceived + those who appear to credit his representations; their silence is not + so often the effect of credulity, as of cowardice or indolence. Many + are overborne by the pomp of great offices, and others who distinguish + more clearly, and judge with greater freedom, are contented to enjoy + their own reflections, without reproving those whom they despair to + reform. +</p> +<p> + This report of the engagement of the Dutch in our measures, shall, + however, furnish our ministers with no opportunity of boasting their + address, nor shall it pass any longer without contradiction; for I + shall, without any scruple, affirm in the presence of this august + assembly, that the Dutch have hitherto appeared absolutely neutral; + that they have not shown any approbation of our measures, nor any + inclination to assist us in them. I know, my lords, how disagreeable + this assertion may be to those, whose interest it is that mankind + should believe them of no less importance in the eyes of foreign + powers than in their own, and should imagine that the remotest nations + of the world are influenced by their motions, and directed by their + counsels; but however they may resent this declaration, I defy them to + confute it, and now call upon them to show that the Dutch have engaged + in any measure for the support of the queen of Hungary. +</p> +<p> + The late augmentation of twenty thousand men, which may possibly be + mentioned as a proof of their intention, shows nothing but that they + pursue their own interest with their usual prudence and attention, and + with such as it is to be wished that our ministers would condescend to + learn from them; and that they are too wise to suffer the towns from + which the Austrians have, by our persuasions, withdrawn their troops + to fall into the hands of the French. They have, therefore, + substituted new garrisons, but seem to have no regard to the interest + of the queen of Hungary, nor any other view than that of providing for + their own security, waiting the event of the war, and laying hold of + any advantage that may accidentally be offered them. +</p> +<p> + It may be urged farther by those who are desirous to deceive others, + or willing to be deceived themselves, that the province of Holland has + passed a vote for assisting the queen of Hungary with twenty thousand + men; but if it be remembered, my lords, that this must be the general + act of the United States, and that every province has its own + particular views to gratify, and its own interest to reconcile with + the general good, it may be very reasonably suspected, that this + assistance is yet rather the object of hope than expectation; it may + justly be feared, that before so many various dispositions will unite, + and such different schemes will be made consistent, the house of + Austria may be extinguished, that our forces may be destroyed, and + Germany enslaved by the French. Then, my lords, what will remain, but + that we shall curse that folly that involved us in distant quarrels, + and that temerity which sent us out to oppose a power which we could + not withstand; and which incited us to waste that treasure in foreign + countries, which we may quickly want for the defence of our own? +</p> +<p> + It must be, indeed, confessed, that if an estimate is to be made of + our condition, from the conduct of our ministers, the fear of + exhausting our treasure must be merely panick, and the precepts of + frugality which other states have grown great by observing, are to be + absolutely unnecessary. It may reasonably be imagined that we have + some secret mine, or hidden repository of gold, which no degree of + extravagance can drain, and which may for ever supply the most lavish + expenses without diminution. +</p> +<p> + For upon what other supposition, my lords, can any man attempt a + defence of the contract, by which we have obtained for one campaign + the service of the troops of Hanover? What but the confidence of + funds that can never be deficient, could influence them to conclude a + stipulation, by which levy-money is to be paid for troops of which not + a single regiment was raised for our service, or on the present + occasion; which were established for the security of the electorate of + Hanover, and would have been maintained, though we had not engaged in + the affairs of the continent. +</p> +<p> + What were the reasons which induced our ministry to employ the forces + of Hanover, it is, perhaps, not necessary to inquire. The only motive + that ought to have influenced them, was the prospect of obtaining them + upon cheap terms; for, my lords, if the troops of Hanover cannot be + obtained, but at the same expense with those of Britain, I am not able + to discover why they should be preferred. I have never heard, my + lords, any uncommon instances of Hanoverian courage, that should + incline us to trust the cause of Europe rather to that nation than to + our own; and am inclined to believe, that Britain is able to produce + men equal in all military virtues to any native of that happy country; + a country which, though it was thought worthy to be secured by a + neutrality, when all the neighbouring provinces were exposed to the + ravages of war, I have never heard celebrated for any peculiar + excellencies; and of which I cannot but observe, that it was indebted + for its security rather to the precaution of its prince, than the + bravery of its inhabitants. +</p> +<p> + This demand of levy-money shocks every Briton yet more strongly, on + considering by whom it is required; required by that family whom we + have raised from a petty dominion, for which homage was paid to a + superiour power; and which was, perhaps, only suffered to retain the + appearance of a separate sovereignty, because it was not worth the + labour and expense of an invasion; because it would neither increase + riches nor titles, nor gratify either avarice or ambition; by a family + whom, from want and weakness, we have exalted to a throne, from + whence, with virtue equal to their power, they may issue their + mandates to the remotest parts of the earth, may prescribe the course + of war in distant empires, and dictate terms of peace to half the + monarchs of the globe. +</p> +<p> + I should imagine, my lords, that when a king of the house of Hanover + surveys his navies, reviews his troops, or examines his revenue, + beholds the splendour of his court, or contemplates the extent of his + dominions, he cannot but sometimes, however unwillingly, compare his + present state with that of his ancestors; and that when he gives + audience to the ambassadours of princes, who, perhaps, never heard of + Hanover, and directs the payment of sums, by the smallest of which all + his ancient inheritance would be dearly purchased; and reflects, as + surely he sometimes will, that all these honours and riches, this + reverence from foreign powers, and his domestick splendour, are the + gratuitous and voluntary gifts of the mighty people of Britain, he + should find his heart overflowing with unlimited gratitude, and should + be ready to sacrifice to the happiness of his benefactors, not only + every petty interest, or accidental inclination, but even his repose, + his safety, or his life; that he should be ready to ease them of every + burden before they complained, and to aid them with all his power + before they requested his assistance; that he should consider his + little territories as only a contemptible province to his British + empire, a kind of nursery for troops to be employed without harassing + his more valuable subjects. +</p> +<p> + It might be at least hoped, my lords, that the princes of the house of + Hanover might have the same regard to this nation as to kings from + whom they never received any benefit, and whom they ought in reality + always to have considered as enemies, yet even from such levy-money + was not always required; or if required, was not always received. +</p> +<p> + There was once a time, my lords, before any of this race wore the + crown of Britain; when the great French monarch, Lewis the fourteenth, + being under a necessity of hiring auxiliary troops, applied to the + duke of Hanover, as a prince whose necessities would naturally incline + him to set the lives of his subjects at a cheap rate. The duke, + pleased with an opportunity of trafficking with so wealthy a monarch, + readily promised a supply of troops; and demanded levy-money to be + paid him, that he might be enabled to raise them. But Hanoverian + reputation was not then raised so high, as that the French king should + trust him with his money. Lewis suspected, and made no scruple of + declaring his suspicion, that the demand of levy-money was only a + pretence to obtain a sum which would never afterwards be repaid, and + for which no troops would be obtained; and therefore, with his usual + prudence insisted, that the troops should first march, and then be + paid. Thus for some time the treaty was at a stand; but the king being + equally in want of men, as the duke of money, and perceiving, perhaps, + that it was really impracticable for so indigent a prince to raise + troops without some pecuniary assistance, offered him at length a + small sum, which was gladly accepted, though much below the original + demand. The troops were engaged in the service of France; and the duke + of Hanover thought himself happy in being able to amuse himself at his + leisure with the rattle of money. +</p> +<p> + Such, my lords, were the conditions on which the troops of Hanover + were furnished in former times; and surely what could then be produced + by the love of money, or the awe of a superiour power, might now be + expected as the effect of gratitude and kindness. +</p> +<p> + But not to dwell any longer, my lords, upon particular circumstances + of measures, of which the whole scheme is contrary to the apparent + interest of this empire, I shall not inquire farther, why auxiliaries + are employed on this occasion rather than Britons, rather than those + whose bravery is celebrated to the most distant corners of the earth; + why, if mercenaries are necessary, those of Hanover are preferred to + others: or why, if they are, indeed, preferable, they are now to be + hired at a higher rate than at any former time? It appears to me of + far more importance to undermine the foundation, than to batter the + superstructure of our present system of politicks; and of greater use + to inquire, why we have engaged in a war on the continent, than why we + carry it on with ridiculous profusion. +</p> +<p> + It appears to me, my lords, that there are many reasons which, with + the same circumstances, would have withheld any nation but this from + such a dangerous interposition. The Dutch, we see, are content to look + on without action, though they are more interested in the event, and + less embarrassed on any other side. We are already engaged in a war, + of which no man can foresee the conclusion; but which cannot be ended + unsuccessfully, without the utmost danger to our most important + interests; and which yet has hitherto produced only losses and + disgrace, has impoverished our merchants, and intimidated our + soldiers. Whether these losses are the effects of weakness or + treachery, is a question which I am not ambitious of endeavouring to + decide, and of which the decision is, indeed, by no means necessary in + the present debate; since if we are too weak to struggle with Spain, + unassisted as she is, and embarrassed with different views, I need not + say what will be our condition, when the whole house of Bourbon shall + be combined against us; when that nation which stood alone for so many + years against the united efforts of Europe, shall attack us, exhausted + with taxes, enervated with corruption, and disunited from all allies. + Whether the troops of Hanover will assist us at that time, I cannot + determine. Perhaps, in the destruction of the British dominions, it + may be thought expedient to secure a more valuable and important + country by a timely neutrality; but if we have any auxiliaries from + thence, we must then necessarily obtain them upon cheaper terms. +</p> +<p> + If our inactivity in the European seas, and our ill success in those + of America be, as it is generally suspected, the consequence of + perfidious counsels, and private machinations; if our fleets are sent + out with orders to make no attempt against our enemies, or our + admirals commanded to retreat before them; surely no higher degree of + madness can be imagined, than that of provoking new enemies before we + have experienced a change of counsels, and found reason to place in + our ministers and statesmen that confidence which war absolutely + requires. +</p> +<p> + This is the conduct, my lords, which I should think most rational, + even though we were attacked in some of our real rights, and though + the quarrel about which we were debating was our own; I should think + the nearest danger the greatest, and should advise patience under + foreign insults, till we had redressed our domestick grievances; till + we had driven treachery from the court, and corruption from the + senate. But much more proper do I think this conduct, when we are + invited only to engage in distant war, in a dispute about the dominion + of princes, in the bowels of the continent; of princes, of whom it is + not certain, that we shall receive either advantage or security from + their greatness, or that we should suffer any loss or injury by their + fall. +</p> +<p> + But, my lords, I know it will be answered, that the queen of Hungary + has a right by treaty to our assistance; and that in becoming + guarantees of the Pragmatick sanction, we engaged to support her in + the dominions of her ancestors. This, my lords, is an answer of which + I do not deny the justness, and of which I will not attempt to + invalidate the strength. I allow that such a stipulation was made, and + that treaties ought to be observed, at whatever hazard, with + unviolated faith. It has been, indeed, objected, that many nations + engaged with us in the same treaty, whom interest or cowardice have + inclined to neglect it; and that we ought not to become the standing + garrison of Europe, or to defend alone those territories, to the + preservation of which so many states are obliged to contribute equally + with ourselves. But this, my lords, appears to me an argument of which + the ill consequences can never be fully discovered; an argument which + dissolves all the obligations of contracts, destroys the foundation of + moral justice, and lays society open to all the mischiefs of perfidy, + by making the validity of oaths and contracts dependant upon chance, + and regulating the duties of one man by the conduct of another. I + pretend not, my lords, to long experience, and, therefore, in + discussing intricate questions, may be easily mistaken. But as, in my + opinion, my lords, morality is seldom difficult, but when it is + clouded with an intention to deceive others or ourselves, I shall + venture to declare with more confidence, that in proportion as one man + neglects his duty, another is more strictly obliged to practise his + own, that his example may not help forward the general corruption, and + that those who are injured by the perfidy of others, may from his + sincerity have a prospect of relief. +</p> +<p> + I believe all politicks that are not founded on morality will be found + fallacious and destructive, if not immediately, to those who practise + them; yet, consequentially, by their general tendency to disturb + society, and weaken those obligations which maintain the order of the + world. I shall, therefore, allow, that what justice requires from a + private man, becomes, in parallel circumstances, the duty of a nation; + and shall, therefore, never advise the violation of a solemn treaty. + The stipulations in which we engaged, when we became guarantees of the + Pragmatick sanction, are, doubtless, to be observed; and it is, + therefore, one of the strongest objections against the measures which + we are now pursuing, that we shall be perfidious at a greater expense + than fidelity would have required, and shall exhaust the treasure of + the nation without assisting the queen of Hungary. +</p> +<p> + To explain this assertion, my lords, it is necessary to take a view of + the constitution of the German body, which consists of a great number + of separate governments independent on each other, but subject, in + some degree, to the emperour as the general head. The subjects of each + state are governed by their prince, and owe no allegiance to any other + sovereign; but the prince performs homage to the emperour, and having + thereby acknowledged himself his feudatory, or dependant, may be + punished for rebellion against him. The title of the emperour, and + consequently his claim to this allegiance, and the right of issuing + the ban against those who shall refuse it, is confirmed by many solemn + acknowledgments of the diet, and, amongst others, by the grant of a + pecuniary aid; this the present emperour has indisputably received, an + aid having been already granted him in the diet, of a subsidy for + eighteen months; and, therefore, none of the troops of Germany can now + be employed against him, without subjecting the prince to whom they + belong to the censure of the ban, a kind of civil excommunication. +</p> +<p> + To what purpose, then, my lords, are we to hire, at a rate never paid, + or perhaps demanded before, troops which cannot serve us without + subjecting their prince to the charge of rebellion? Or how shall we + assist the queen of Hungary, by collecting forces which dare not act + against the only enemy which she has now to fear? Or in what new + difficulties shall we be engaged, should the inestimable dominions of + Hanover be subjected to the imperial interdiction. +</p> +<p> + These, my lords, are questions to which, I hope, we shall hear a more + satisfactory answer than I am able to conceive; for, indeed, I do not + see what remains, but to confess, that these troops are hired only for + a military show, to amuse this nation with a false appearance of zeal + for the preservation of Europe, and to increase the treasures of + Hanover at the expense of Britain. +</p> +<p> + These are designs, my lords, which no man will avow, and yet these are + the only designs which I can yet discover; and, therefore, I shall + oppose all the measures that tend to their execution. If the heat of + indignation, or the asperity of resentment, or the wantonness of + contempt, have betrayed me into any expressions unworthy of the + dignity of this house, I hope they will be forgiven by your lordships; + for any other degree of freedom I shall make no apology, having, as a + peer, a right to deliver my opinion, and as a Briton, to assert the + independence of my native country, when I see, or imagine myself to + see, that it is ignominiously and illegally subjected to the promotion + of the petty interest of the province of Hanover. +</p> +<p> + Lord CARTERET then rose, and made answer to the following effect:—My + lords, as I doubt not but I shall be able to justify the measures + which are now pursued, in such a manner as may entitle them to the + approbation of your lordships, I proposed to hear all the objections + that should be made, before I attempted a vindication, that the debate + might be shortened, and that the arguments on both sides might be + considered as placed in the full strength of opposition; and that it + might be discerned how objections, however specious in themselves, + would vanish before the light of reason and truth. +</p> +<p> + But the noble lord has made it necessary for me to alter my design, by + a speech which I will not applaud, because it has, in my opinion, an + ill tendency; nor censure, because it wanted neither the splendour of + eloquence, nor the arts of reasoning; and had no other defect than + that which must always be produced by a bad cause, fallacy in the + arguments, and errours in the assertions. +</p> +<p> + This speech I am obliged to answer, because his lordship has been + pleased to call out for any lord who will assert, that the Dutch have + agreed to concur with us in assisting the queen of Hungary. That all + the provinces of that republick have agreed to assist us, is indeed + not true; nor do I know, my lords, by whom or upon what authority it + was asserted; but the concurrence of the province of Holland, the most + important of all, and whose example the rest seldom delay to follow, + has been obtained, which is sufficient to encourage us to vigorous + resolutions, by which the rest may be animated to a speedy compliance. +</p> +<p> + The concurrence of this province has been already the consequence of + the measures which have been lately pursued; measures from which, + though just and successful, the ministry cannot claim much applause; + because all choice was denied, and they were obliged either to remain + passive spectators of the ruin of Europe, and, by consequence, of + Britain, or to do what they have done. And surely, my lords, that + necessity which deprives them of all claim to panegyrick, will be, + likewise, a sufficient security from censure. There is, indeed, no + reason to fear censure from judges so candid and experienced as your + lordships, to whom it may without difficulty be proved, that the + balance of Europe has already changed its position, and the house of + Bourbon is now not able to preponderate against the other powers. +</p> +<p> + By entering into an alliance with Sardinia, we have taken from the + crown of Spain all the weight of the territories of Italy, of which + the Austrian forces are now in possession, without fear or danger of + being interrupted; while the passes of the ocean are shut by the + fleets of Britain, and those of the mountains by the troops of + Sardinia. +</p> +<p> + Those unhappy forces which were transported by the Spanish fleet, are + not only lost to their native country, but exposed without provision, + without ammunition, without retreat, and without hope: nor can any + human prospect discover how they can escape destruction, either by the + fatigue of marches, or the want of necessaries, or the superiour force + of an army well supplied and elated with success. +</p> +<p> + This, my lords, is an embarrassment from which the Spaniards would + gladly be freed at any expense, from which they would bribe us to + relieve them, by permitting the demolition of new fortresses, or + restoring the army which we lost at Carthagena. +</p> +<p> + Of this alliance the queen of Hungary already finds the advantage, as + it preserves countries in her possession, which, if once lost, it + might be impossible to recover; and sets her free from the necessity + of dividing her army for the protection of distant territories. +</p> +<p> + Thus, my lords, the Spaniards are obstructed and distrusted; of their + armies, one is condemned to waste away at the feet of impassable + mountains, only to hear of the destruction of their countrymen whom + they are endeavouring to relieve, and the establishment of peace in + these regions of which they had projected the conquest; and the other, + yet more unfortunate, has been successfully transported, only to see + that fleet which permitted their passage preclude their supplies, and + hinder their retreat. +</p> +<p> + Nor do we, my lords, after having thus efficaciously opposed one of + the princes of the house of Bourbon, fear or shun the resentment of + the other; we doubt not to show, that Britain is still able to retard + the arms of the haughty French, and to drive them back from the + invasion of other kingdoms to the defence of their own. The time is at + hand, my lords, in which it will appear, that however the power of + France has been exaggerated, with whatever servility her protection + has been courted, and with whatever meanness her insolence has been + borne, this nation has not yet lost its influence or its strength, + that it is yet able to fill the continent with armies, to afford + protection to its allies, and strike terrour into those who have + hitherto trampled under foot the faith of treaties and rights of + sovereigns, and ranged over the dominions of the neighbouring princes, + with the security of lawful possessors, and the pride of conquerors. +</p> +<p> + It has been objected by the noble lord, that this change is not to be + expected from an army composed of auxiliary troops from any of the + provinces of the German empire, because they cannot act against the + general head. I can easily, my lords, solve this difficulty, from my + long acquaintance with the constitution of the empire, which I + understood before the noble lord, who has entertained you with a + discourse upon it, was in being; but I will not engross your time, or + retard your determination by a superfluous disquisition, which may be + now safely omitted; since I am allowed by his majesty to assure your + lordships, that the Hessian and Hanoverian troops shall be employed in + assisting the queen of Hungary, and that they have already received + orders to make the preparations necessary for marching into the + empire. +</p> +<p> + After this declaration, my lords, the most formidable objection + against the present measures will, I hope, be no more heard in this + debate; for it will be by no means proper for any lord to renew it by + inquiring, whether his majesty's resolution is not a breach of the + imperial constitution, or whether it will not expose his electoral + dominions to danger. For it is not our province to judge of the laws + of other nations, to examine when they are violated, or to enforce the + observation of them; nor is it necessary, since the interests of + Britain and Hanover are irreconcilably opposite, to endeavour the + preservation of dominions which their own sovereign is inclined to + hazard. +</p> +<p> + Thus, my lords, I hope it appears, that the common interest of Britain + and Europe is steadily pursued; that the Spaniards feel the effects of + a war with Britain by their distress and embarrassment; that the queen + of Hungary discovers, that the ancient allies of her family have not + deserted her; and that France, amidst her boasts and her projects, + perceives the determined opposers of her grandeur again setting her at + defiance. +</p> +<p> + The duke of BEDFORD spoke to the following effect:—My lords, the + assurance which the noble lord who spoke last declares himself to have + conceived of being able to demonstrate the propriety of the present + measures, must surely arise from some intelligence which has been + hitherto suppressed, or some knowledge of future events peculiar to + himself; for I cannot discover any force in the arguments which he has + been pleased to use, that could produce in him such confidence of + success, nor any circumstances in the present appearance of Europe, + that do not seem to demand a different conduct. +</p> +<p> + The reasonableness of our measures at this time, as at all others, + must be evinced by arguments drawn from an attentive review of the + state of our own country, compared with that of the neighbouring + nations; for no man will deny, that those methods of proceeding which + are at one time useful, may at another be pernicious; and that either + a gradual rotation of power, or a casual variation of interest, may + very properly produce changes in the counsels of the most steady and + vigorous administration. +</p> +<p> + It is therefore proper, in the examination of this question, to + consider what is the state of our own nation, and what is to be hoped + or feared from the condition of those kingdoms, which are most enabled + by their situation to benefit or to hurt us: and in inquiry, my lords, + an inquiry that can give little pleasure to an honest and benevolent + mind, it immediately occurs, that we are a nation exhausted by a long + war, and impoverished by the diminution of our commerce; and the + result, therefore, of this first consideration is, that those measures + are most eligible which are most frugal; and that to waste the publick + treasure in unnecessary expenses, or to load the people with new taxes + only to display a mockery of war on the continent, or to amuse + ourselves, our allies, or our enemies, with the idle ostentation of + unnecessary numbers, is to drain from the nation the last remains of + its ancient vigour, instead of assisting its recovery from its present + languors. +</p> +<p> + But money, however valuable, however necessary, has sometimes been + imprudently and unseasonably spared; and an ill-timed parsimony has + been known to hasten calamities, by which those have been deprived of + all who would not endeavour to preserve it by the loss of part. It is + therefore to be considered, whether measures less expensive would not + have been more dangerous; and whether we have not, by hiring foreign + troops, though at a very high rate, at a rate which would have been + demanded from no other nation, purchased an exemption from distresses, + insults, and invasions. +</p> +<p> + The only nations, my lords, whom we have any reason to suspect of a + design to invade us, or that have power to put any such design in + execution, are well known to be the French and Spaniards; from these, + indeed, it may justly be expected, that they will omit no opportunity + of gratifying that hatred which difference of religion and contrariety + of interest cannot fail to continue from age to age; and therefore we + ought never to imagine ourselves safe, while it is in their power to + endanger us. But of these two nations, my lords, the one is already + disarmed by the navies of Britain, which confine her fleets to their + harbours, and, as we have been just now informed, preclude her armies + from supplies: the other is without a fleet able to transport an army, + her troops are dispersed in different countries, and her treasures + exhausted by expeditions or negotiations equally expensive. +</p> +<p> + There is, therefore, my lords, no danger of an invasion, even though + we had no forces by which it could be opposed; but much less is it to + be feared, when it is remembered, that the sea is covered with our + ships of war, and that all the coasts of Europe are awed and alarmed + by the navies of Britain. +</p> +<p> + This then, my lords, is surely the time, when we ought not to have + sacrificed any immediate and apparent interest to the fear of attempts + from Spain or France; when we might without danger have assisted our + allies with our national troops, and have spared that money which we + have so lavishly bestowed upon auxiliaries; when we might securely + have shown the powers of the continent how much the British valour is + yet to be feared, and how little our late losses or disgraces are to + be imputed to the decline of our courage or our strength. +</p> +<p> + I suppose, my lords, no man will confess, that foreign troops have + been hired as more to be trusted for their skill or bravery than our + own. To dispute the palm of courage with any nation would be a + reproach to the British name; and if our soldiers are not at least + equally disciplined with those of other countries, it must be owned, + that taxes have been long paid to little purpose, that the glitter of + reviews has been justly ridiculed as an empty show, and that we have + long been flattered by our ministers and generals with false security. +</p> +<p> + But though I am far from believing, that the army has been supported + only for the defence of our country; and though I know, that their + officers are frequently engaged in employments more important in the + opinion of their directors, than that of regulating the discipline of + their regiments, and teaching the use of arms and the science of war; + yet, as I believe the courage of Britons such as may often supply the + want of skill, I cannot but conclude, that they are at least as + formidable as the troops of other countries, especially when I + remember, that they enter the field incited and supported by the + reputation of their country. +</p> +<p> + Why then, my lords, is the nation condemned to support, at once, a + double burden; to pay at home an army which can be of no use, and to + hire auxiliaries, perhaps, equally unactive; to make war, if any war + be intended, at an unnecessary expense, and to pay, at once, a fleet + which only floats upon the ocean, an army which only awes the villages + from which it is supported, and a body of mercenaries, of which no man + can yet conjecture with what design they have been retained. +</p> +<p> + That they are intended for the support of the queen of Hungary has + been, indeed, asserted; and this contract has been produced as an + instance of the zeal of our ministers for the assertion of the + Pragmatick sanction, the preservation of the liberties of Europe, and + the suppression of the ambitious enterprises of the house of Bourbon; + but surely, my lords, had the assistance of that illustrious princess + been their sole or principal intention, had they in reality dedicated + the sum which is to be received by the troops of Hanover, to the + sacred cause of publick faith and universal liberty, they might have + found methods of promoting it much more efficaciously at no greater + expense. Had they remitted that money to the queen, she would have + been enabled to call nations to her standard, to fill the plains of + Germany with the hardy inhabitants of the mountains and the deserts, + and have deluged the empire of France with multitudes equally daring + and rapacious, who would have descended upon a fruitful country like + vultures on their prey, and have laid those provinces in ruin which + now smile at the devastation of neighbouring countries, secure in the + protection of their mighty monarch. +</p> +<p> + By this method of carrying on the war, we might have secured our ally + from danger which I cannot but think imminent and formidable, though + it seems, at present, not to be feared. By so large an addition to her + troops, she would have been enabled to frustrate those designs, which + her success may incline the king of Prussia to form against her; for + with whatever tranquillity he may now seem to look upon this general + commotion, his conduct gives us no reason to imagine, that he has + changed his maxims, that he is now forgetful or negligent of his own + interest, or that he will not snatch the first opportunity of + aggrandizing himself by new pretensions to the queen of Hungary's + dominions. +</p> +<p> + At least, my lords, it may without scruple be asserted, that the hopes + which some either form or affect of engaging him in a confederacy for + the support of the Pragmatick sanction, are merely chimerical. He who + has hitherto considered no interest but his own, he who has perhaps + endangered himself by attempting to weaken the only power to which he, + as well as the other princes of the empire, can have recourse for + protection from the ambition of France, and has, therefore, broken the + rules of policy only to gratify a favourite passion, will scarcely + concur in the exaltation of that family which he has so lately + endeavoured to depress, and which he has so much exasperated against + him. If he is at length, my lords, alarmed at the ambition of the + house of Bourbon, and has learned not to facilitate those designs + which are in reality formed against himself, it cannot be doubted, + that he looks with equal fear on the house of Austria, that he knows + his safety to consist only in the weakness of both, and that in any + contest between them, the utmost that can be hoped from him is + neutrality. +</p> +<p> + But, my lords, he whose security depends only on a supposition that + men will not deviate from right reason or true policy, is in a state + which can afford him very little tranquillity or confidence: whatever + is necessarily to be preserved, ought to be defended, not only from + certain and constant danger, but from casual and possible injuries; + and amongst the rest, from those which may proceed from the mutability + of will, or the depravation of understanding; nor shall we + sufficiently establish the house of Austria, if we leave it liable to + be shaken whenever the king of Prussia shall feel his ambition + rekindled, or his malevolence excited; we must not leave it dependant + on the friendship or policy of the neighbouring powers, but must + enable it once more to awe the empire, and set at defiance the malice + of its enemies. +</p> +<p> + This, my lords, might have been done by a liberal subsidy, by which + armies might have been levied, garrisons established, and cities + fortified; and why any other method was pursued, what reason can be + assigned? what, but an inclination to aggrandize and enrich a + contemptible province, and to deck with the plunder of Britain the + electorate of Hanover? +</p> +<p> + It has been suspected, my lords, (nor has the suspicion been without + foundation,) that our measures have long been regulated by the + interest of his majesty's electoral territories; these have been long + considered as a gulf into which the treasures of this nation have been + thrown; and it has been observed, that the state of the country has, + since the accession of its princes to this throne, been changed + without any visible cause; affluence has begun to wanton in their + towns, and gold to glitter in their cottages, without the discovery of + mines, or the increase of their trade; and new dominions have been + purchased, of which it can scarcely be imagined, that the value was + paid out of the revenues of Hanover. +</p> +<p> + This, my lords, is unpopular, illegal, and unjust; yet this might be + borne, in consideration of great advantages, of the protection of our + trade, and the support of our honour. But there are men who dare to + whisper, and who, perhaps, if their suspicions receive new + confirmation, will publickly declare, that for the preservation of + Hanover, our commerce has been neglected, and our honour impaired; + that to secure Hanover from invasion, the house of Bourbon has been + courted, and the family of Austria embarrassed and depressed. These + men assert, without hesitation, that when we entered into a league + with France against the emperour and the Spaniards, in the reign of + the late emperour, no part of the British dominions were in danger; + and that the alarm which was raised to reconcile the nation to + measures so contrary to those which former ages had pursued, was a + fictitious detestable artifice of wicked policy, by which Britain was + engaged in the defence of dominions to which we owe no regard, as we + can receive no real advantage from them. +</p> +<p> + It were to be wished, that no late instance could be produced of + conduct regulated by the same principles; and that this shameful, this + pernicious partiality had been universally allowed to have ceased with + the late reign; but it has never yet been shown, that the late + neutrality, by which Hanover was preserved, did not restrain the arms + of Britain; nor when it has been asked, why the Spanish army was, when + within reach of the cannon of the British navy, peaceably transported + to Italy, has any other reason been assigned, than that the transports + could not be destroyed without a breach of the neutrality of Hanover? +</p> +<p> + This, my lords, is a subject on which I could have only been induced + to dwell, by my zeal for the present establishment, and my personal + affection for his majesty. It is universally allowed, that not only + the honour and prosperity, but the safety of a British monarch, + depends upon the affections of his subjects; and that neither splendid + levees, nor large revenues, nor standing armies, can secure his + happiness or his power any longer than the people are convinced of his + tenderness and regard, of his attention to their complaints, and his + zeal for their interest. If, therefore, it should ever be generally + believed, that our king considers this nation only as appendent to his + electoral dominions, that he promotes the interest of his former + subjects at the expense of those by whom he has been exalted to this + awful throne, and that our commerce, our treasures, and our lives, are + sacrificed to the safety, or to the enlargement of distant + territories, what can be expected? what but murmurs, disaffection, and + distrust, and their natural consequences, insurrection and rebellion; + rebellion, of which no man can foresee the event, and by which that + man may perhaps be placed upon the throne, whom we have so wisely + excluded and so solemnly abjured. +</p> +<p> + Of this unreasonable regard to the interest of Hanover, the contract + which we are now considering exhibits, if not a proof too apparent to + be denied, yet such an appearance as we ought for our own sakes and + that of his majesty to obviate; and therefore I think the, address + which is now proposed in the highest degree reasonable; and am + convinced, that by complying with our request, his majesty will regain + the affections of many of his subjects, whom a long train of + pernicious measures have filled with discontent; and preserve the + loyalty of many others, who, by artful representations of the motives + and consequences of this contract, may be alienated and perverted. +</p> +<p> + Lord BATHURST replied to the following purport:—My lords, as I have + no reason to doubt of the noble duke's affection to the present royal + family, I am convinced, that the ardour of his expressions is the + effect of his zeal, and that the force of his representations proceeds + only from the strength of his conviction; and, therefore, I am far + from intending to censure any accidental negligence of language, or + any seeming asperity of sentiment. I know, that the openness and + dignity of mind which has incited him to declare his opinion with so + much freedom, will induce him likewise to retract it, when he shall be + convinced, that he has been deceived by false representations, or that + he has formed his conclusions too hastily, without an attentive + examination of the question in its whole extent. +</p> +<p> + I shall, therefore, endeavour to explain the motives upon which all + these measures have been formed which we have heard so warmly + censured; and show, that they were the consequences not of haste and + negligence, but of vigilance and circumspection; that they were formed + upon a deliberate survey of the complicated interests of the European + powers, and dictated not by a partiality to Hanover, but a faithful + attention to the interest of Britain. +</p> +<p> + It has been already observed by a noble lord, that there was no choice + allowed us; that the state of Europe required that we should not sit + unactive; and that yet there was no other method of acting, by which + we could benefit our allies, or injure our enemies; and that, + therefore, though our interposition had not produced all the effects + which our zeal might incline us to wish, yet our conduct ought not to + be condemned; because, though we did not press forward through the + nearest path to the great object of our pursuit, we exerted our utmost + speed in the only way that was left open. This, my lords, is, in my + opinion, a very just apology; nor do I see, that this vindication can + be confuted or invalidated, otherwise than by showing, that some + different measures, measures equally reasonable, were equally in our + power. +</p> +<p> + But because the plea of necessity may, perhaps, be evaded; and because + it is, at least, pleasing to discover, that what was necessary was + likewise convenient, I shall endeavour to show, that our measures have + produced already such effects as have sufficiently rewarded our + expenses; and that we may yet reasonably hope, that greater advantages + will arise from them. +</p> +<p> + There are, indeed, some whom it will not be easy to satisfy, some who + declare not against the manner in which the war is prosecuted, but + against the war itself; who think the power of France too formidable + to be opposed, and the British people too much exhausted or enervated + to hold any longer the balance of the continent. +</p> +<p> + I have, indeed, my lords, always declared myself of a different + opinion, and have frequently endeavoured to rouse others from a kind + of indolent despair and tame acquiescence in the attempts of the + French, by representations of the wealth and force, the influence and + alliances of our own nation. I have often asserted, that I did not + doubt but her conquests might be stopped by vigorous opposition, and + that the current of her power, which had by artificial machines of + policy been raised higher than its source, would subside and stagnate, + when its course was no longer assisted by cowardice, and its way + levelled by submission. +</p> +<p> + These, my lords, were my sentiments, and this was my language, at a + time when all the powers of Europe conspired to flatter the pride of + France by falling at her feet, when her nod was solicitously watched + by all the princes of the empire, when there was no safety but by her + protection, nor any enterprise but by her permission; when her wealth + influenced the councils of nations, when war was declared at her + command in the remotest corners of Europe, and every contest was + submitted to her arbitration. +</p> +<p> + Even at this time, my lords, was I sufficiently confident of the power + of my own country, to set at defiance, in my own mind, this gigantick + state. I considered all additions to its greatness rather as the + tumour of disease than the shootings of vigour, and thought that its + nerves grew weaker as its corpulence increased. Of my own nation I + saw, that neither its numbers nor its courage were diminished; I had + no reason to believe our soldiers or our sailors less brave than their + fathers; and, therefore, imagined that whenever they should be led out + against the same enemies, they would fight with the same superiority + and the same success. +</p> +<p> + But for these hopes, my lords, I was sometimes pitied by those who + thought themselves better acquainted with the state of Europe than + myself, and sometimes ridiculed by those who had been long accustomed + to depress their own country, and to represent Britain as only the + shadow of what it once was; to deride our armies and our fleets, and + describe us impoverished and corrupted, sunk into cowardice, and + delighted with slavery. +</p> +<p> + That my opinion is now likely to be justified, and that those who have + hitherto so confidently opposed me, will soon be obliged to + acknowledge their mistake, is of very small importance; nor is my + self-love so predominant as to incline me to reckon the confirmation + of my predictions, or the vindication of my sagacity among the + benefits which we are now about to receive. We are now soon to be + convinced that France is not irresistible, nor irresistible to + Britain. We are now to see the embroilers of the universe entangled in + their own schemes, and the depopulators of kingdoms destroyed in those + fields which they have so wantonly laid waste. We shall see justice + triumphant over oppression, and insolence trampled by those whom she + has despised. We shall see the powers of Europe once more equally + balanced, and the balance placed again in the hands of Britain. +</p> +<p> + If it be required upon what events these expectations are founded; and + if it be alleged, that we have no such resolutions to hope from the + measures that have been hitherto pursued; it has been affirmed by a + noble lord, that our armies in Flanders are useless, and that our + motions have given neither courage nor strength to any other powers; + that the queen of Hungary is yet equally distressed, and that the + French still pursue their schemes without any interruption from us or + our allies, I shall hope by an impartial account of the present state + of the continent to show, that his assertions are groundless, and his + opinion erroneous. +</p> +<p> + The inactivity of our army in Flanders has, indeed, furnished a + popular topick of declamation and ridicule. It is well known how + little the bulk of mankind are acquainted, either with arts of policy, + or of war; how imperfectly they must always understand the conduct of + ministers or generals, and with what partiality they always determine + in favour of their own nation. Ignorance, my lords, conjoined with + partiality, must always produce expectations which no address nor + courage can gratify; and it is scarcely, therefore, to be hoped, that + the people will be satisfied with any account of the conduct of our + generals, which does not inform them of sieges and battles, slaughter + and devastation. They expect that a British army should overrun the + continent in a summer, that towns should surrender at their summons, + and legions retire at their shout; that they should drive nations + before them, and conquer empires by marching over them. +</p> +<p> + Such, my lords, are the effects which the people of Britain expect; + and as they have hitherto been disappointed, their disappointment + inclines them to complain. They think an army useless which gains no + victories, and ask to what purpose the sword is drawn, if the blood of + their enemies is not to be shed? But these are not the sentiments of + your lordships, whose acquaintance with publick affairs informs you, + that victories are often gained where no standards are taken, nor + newspapers filled with lists of the slain; and that by drawing the + sword opportunely, the necessity of striking is often prevented. You + know, that the army which hovers over a country, and draws the forces + which defend it to one part, may destroy it without invading it, by + exposing it to the invasion of another; and that he who withholds an + army from action, is not less useful to his ally than he that defeats + it. +</p> +<p> + This, my lords, is the present use of our troops in Flanders; the + French are kept in continual terrour, and are obliged to detach to + that frontier those troops which, had they not been thus diverted, + would have been employed in the empire; and, surely, an army is not + unactive which withholds a double number from prosecuting their + design. +</p> +<p> + That our motions have not encouraged other powers to fulfil their + engagements, or to unite in the defence of the general liberty of + Europe, cannot truly be asserted. The Dutch apparently waken from + their slumber; whether it was real or affected, they at least discover + less fear of the French, and have already given such proofs of their + inclination to join with us, as may encourage us to expect, that they + will, in a short time, form with us another confederacy, and employ + their utmost efforts in the common cause. +</p> +<p> + What they have already offered will at least enable us to assist the + queen of Hungary with greater numbers, and her to employ her troops + where she is most pressed; for they have engaged to garrison the towns + of Flanders, which, since they cannot be evacuated, is in effect an + offer of auxiliary troops; since, if those forces had been added to + the Austrian army, an equal number of Austrians must have been + subducted to garrison the frontier. +</p> +<p> + It is, therefore, without reason, that narrow-minded censurers charge + us with becoming the slaves of the Dutch, with fighting their battles + and defending their barrier, while they pursue their commerce in + tranquillity, enjoy peace at the expense of British blood, and grow + rich by the profusion of British treasure. It appears, that they + concur in the preservation of themselves and of Europe, though with + delays and caution; since, though they do not send forces into the + field, they supply the place of those which are sent, and enable + others to destroy those whom they are not yet persuaded to attack + themselves. +</p> +<p> + The constitution of that republick is, indeed, such as makes its + alliance not valuable, on sudden emergencies, in proportion to its + wealth and power. The determinations of large assemblies are always + slow; because there are many opinions to be examined, many proposals + to be balanced, and many objections to be answered. But with much more + difficulty must any important resolution be formed, where it must be + the joint act of the whole assembly, where every individual has a + negative voice, and unanimity alone can make a decision obligatory. + Wherever this is the form of government, the state lies at the mercy + of every man who has a vote in its councils; and the corruption or + folly or obstinacy of one may retard or defeat the most important + designs, lay his country open to the inroads of an enemy, dissolve the + most solemn alliances, and involve a nation in misery. +</p> +<p> + This, my lords, I need not observe to be the Dutch constitution, nor + need I tell this assembly, that we are not always to judge of the + general inclination of that people by the procedure of their deputies, + since particular men may be influenced by private views, or corrupted + by secret promises or bribes; and those designs may be retarded by + their artifices which the honest and impartial universally approve. + This is, perhaps, the true reason of the present delays which have + furnished occasion to such loud complaints, complaints of which we may + hope quickly to have an end; since it can hardly be doubted, but the + general voice of the people will there, as in other places, at last + prevail, and the prejudices or passions of private men give way to the + interest of the publick. +</p> +<p> + That the queen of Hungary is now equally distressed, and that she has + received no advantage from the assistance, which we have, at so great + an expense, appeared to give her, is, likewise, very far from being + true. Let any man compare her present condition with that in which she + was before Britain engaged in her cause, and it will easily be + perceived how much she owes to the alliance of this nation. She was + then flying before her enemies, and reduced to seek for shelter in the + remotest part of her dominions, while her capital was fortified in + expectation of a siege. Those who then were distributing her + provinces, and who almost hovered over her only remaining kingdom, are + now retiring before her troops. The army by which it was intended that + her territories in Italy should be taken from her, is now starving in + the countries which it presumed to invade; and the troops which were + sent to its assistance are languishing at the feet of mountains which + they will never pass. +</p> +<p> + These are the effects, my lords, of those measures, which, for want of + being completely understood, or attentively considered, have been so + vehemently censured. These measures, my lords, however injudicious, + however unseasonable, have embarrassed the designs of France, and + given relief to the queen of Hungary; they have animated the Dutch to + action, and kindled in all the powers of Europe, who were intimidated + by the French armies, new hopes and new resolutions; they have, + indeed, made a general change in the state of Europe, and given a new + inclination to the balance of power. Not many months have elapsed, + since every man appeared to consider the sovereign of France as the + universal monarch, whose will was not to be opposed, and whose force + was not to be resisted. We now see his menaces despised and his + propositions rejected; every one now appears to hope rather than to + fear, though lately a general panick was spread over this part of the + globe, and fear had so engrossed mankind, that scarcely any man + presumed to hope. +</p> +<p> + But it is objected, my lords, that though our measures should be + allowed not to have been wholly ineffectual, and our money appear not + to have been squandered only to pay the troops of Hanover, yet our + conduct is very far from meriting either applause or approbation; + since much greater advantages might have been purchased at much less + expense, and by methods much less invidious and dangerous. +</p> +<p> + The queen of Hungary might, in the opinion of these censurers, have + raised an hundred thousand men with the money which we must expend in + hiring only sixteen thousand, and might have destroyed those enemies + whom we have hitherto not dared to attack. +</p> +<p> + Those who make this supposition the foundation of their censures, + appear not to remember, that the queen of Hungary's dominions, like + those of other princes, may, by war, be in time exhausted; that the + loss of inhabitants is not repaired in any country but by slow + degrees; and that there is no place yet discovered where money will + procure soldiers without end, or where new harvests of men rise up + annually, ready to fight those quarrels in which their predecessors + were swept away. If the money had, instead of being employed in hiring + auxiliaries, been remitted to the queen, it is not probable that she + could, at any rate, have brought a new army together. But it is + certain, that her new troops must have been without arms and without + discipline. It might have been found, perhaps, in this general + disturbance of the world, not easy to have supplied them with weapons; + and it is well known how long time is required to teach raw forces the + art of war, and enable them to stand before a veteran enemy. +</p> +<p> + It was, therefore, necessary to assist her rather with troops than + money; and since troops were necessarily to be hired, why should we + employ the forces of Hanover less willingly than those of any other + nation? To assert that they have more or less courage than others is + chimerical, nor can any man suppose them either more brave or timorous + than those of the neighbouring countries, without discovering the + meanest prejudices, and the narrowest conceptions; without showing + that he is wholly unacquainted with human nature, and that he is + influenced by the tales of nurses, and the boasts of children. +</p> +<p> + There was, therefore, no objection against the troops of Hanover, that + was not of equal strength against all foreign troops; and there was at + least one argument in their favour, that they were subjects of the + same prince; and that, therefore, we could have no reason to fear + their defection, or to suspect their fidelity. +</p> +<p> + The electorate of Hanover, with whatever contempt or indignation some + persons may affect to mention it, is to be considered, at least, as a + state in alliance with Britain, and to receive from us that support + which the terms of that alliance may demand. +</p> +<p> + Any other regard, my lords, indeed, it is not necessary to contend + for; since it cannot be proved, that in this transaction we have acted + otherwise than as with allies, or hired the troops on conditions which + those of any other nation would not have obtained, or on any which + they will not deserve; since your lordships have received assurances, + that they are ready to enter the field, and to march into Germany + against the common enemy. That we might have raised new troops in our + own nation, and have augmented our army with an equal number of men, + cannot be denied; nor do I doubt, my lords, but our countrymen would + be equally formidable with any other forces; but it must be + remembered, that an army is not to be levied in an instant, and that + our natives, however warlike, are not born with the knowledge of the + use of arms; and who knows, whether Europe might not have been + enslaved before a British army could have been raised and disciplined + for its deliverance? +</p> +<p> + Whether this account of our measures will satisfy those who have + hitherto condemned them, I am not able to foretel. There are, indeed, + some reasons for suspecting, that they blame not, because they + disapprove, but because they think it necessary either to the + character of discernment, or of probity, to censure the ministry, + whatever maxims are pursued. Of this disposition it is no slight + proof, that contrary measures have been sometimes condemned by the + same men with the same vehemence; and that even compliance with their + demands has not stilled their outcries. When the ministry appeared + unwilling to engage in the war of Germany, without the concurrence of + the other powers who had engaged to support the Pragmatick sanction, + they were hourly reproached with being the slaves of France, with + betraying the general cause of Europe, and with repressing that + generous ardour, by which our ancestors have been incited to stand + forth as the asserters of universal liberty, and to fight the quarrel + of mankind. They were marked out as either cowards or traitors, and + doomed to infamy as the accomplices of tyranny, engaged in a + conspiracy against their allies, their country, and their posterity. +</p> +<p> + At length the Britons have roused again, and again declared themselves + the supporters of right, whenever injured; they have again raised + their standards in the continent, and prepared to march again through + those regions where their victories are yet celebrated, and their + bravery yet reverenced. The hills of Germany will again sound with the + shouts of that people who once marched to her deliverance through all + the obstructions that art or power could form against them, and which + broke through the pass of Schellembourg, to rout the armies that were + ranged behind it. +</p> +<p> + Now it might be expected, my lords, that, at least, those who were + before dissatisfied, should declare their approbation; for surely + where peace or neutrality is improper, there is nothing left but war. + Yet experience shows us, that men resolved to blame will never want + pretences for venting their malignity; and where nothing but malignity + is the consequence of opposite measures, we must necessarily conclude, + that there is a fixed resolution to blame, and that all vindications + will be ineffectual. +</p> +<p> + Some have, indeed, found out a middle course between censure and + approbation, and declare, that they think these measures now + justifiable, because we have proceeded too far to retreat with honour; + and that though at first a better scheme might have been formed, yet + this, which has hitherto been pursued, ought not now to be changed. +</p> +<p> + I, my lords, though it is not of very great importance to confute an + opinion by which the measures of the government will not be + obstructed, cannot forbear to declare myself of different sentiments, + and to assert, in opposition to artful calumnies and violent + invectives, that the present measures were originally right, that they + were such as prudence would dictate, and experience approve, and such + as we ought again to take, if we have again the power of choice. +</p> +<p> + I am, indeed, far from doubting, but these measures will, in a short + time, be justified by success; a criterion by which, however unjustly, + the greatest part of mankind will always judge of the conduct of their + governours; for it is apparent, my lords, that howsoever the French + power, commerce, and wealth, have been exaggerated by those that + either love or fear them, they will not long be able to stand against + us; their funds will in a short time fail them, and their armies must + be disbanded, when they can no longer be paid, lest, instead of + protecting their country, they should be inclined to plunder it. +</p> +<p> + The abundance of our wealth, my lords, and the profit of our commerce, + are sufficiently apparent from the price of our stocks, which were + never before supported at the same height for so long a time; and of + the fall of which neither an actual war with Spain, nor the danger + which has been suggested of another with France, with France in the + full possession of all its boasted advantages, has yet been able to + produce any token. Another proof of the exuberance of our riches, and + the prosperity of our commerce, by which they are acquired, is the + facility with which the government can raise in an instant the + greatest sums, and the low interest at which they are obtained. If we + compare our state in this respect with that of France, the insuperable + difficulties under which they must contend with us, will sufficiently + discover themselves. It is well known, my lords, that we have lately + raised the money which the service of each year required, at the + interest of three for a hundred; nor is it likely that there will be + any necessity of larger interest, though our annual demands were to be + equal to those of the last war. But the French are well known to raise + the sums which their exigencies require on very different terms, and + to have paid ten for a hundred for all the money which their late + projects have required; projects which they cannot pursue long at such + enormous expense, and by which their country must in a short time be + ruined, even without opposition. +</p> +<p> + While we can, therefore, raise three millions for less than the French + can obtain one, and, by consequence, support three regiments at the + same expense as one is supported in their service, we have surely no + reason to dread the superiority of their numbers, or to fear that they + will conquer by exhausting us. +</p> +<p> + Thus, my lords, I have delivered my opinion with freedom and + impartiality; and shall patiently hearken to any objections that shall + arise against it, supported by the consciousness, that a confutation + will only show me that I have been mistaken; but will not deprive me + of the satisfaction of reflecting, that I have not been wanting to my + country; and that if I have approved or defended improper measures, I + at least consulted no other interest than that of Britain. +</p> +<p> + Lord HERVEY spoke next, to the following effect:—My lords, it is not + without that concern which every man ought to feel at the apparent + approach of publick calamities, that I have heard the measures which + are now the subject of our inquiry so weakly defended, when their + vindication is endeavoured with so much ardour, and laboured with so + much address. +</p> +<p> + The objections which press upon the mind, at the first and slightest + view of our proceedings, are such as require the closest attention, + such as cannot but alarm every man who has studied the interest of his + country, and who sincerely endeavours to promote it; and therefore it + might be hoped, that those who appear to have thought them + insufficient, are able to produce, in opposition to them, the + strongest arguments, and the clearest deductions. +</p> +<p> + When we attempt the consideration of our present condition, and + inquire by what means our prosperity may be secured, the first + reflection that occurs, is, that we are traders, that all our power is + the consequence of our wealth, and our wealth the product of our + trade. It is well known, that trade can only be pursued under the + security of peace; that a nation which has a larger commerce, must + make war on disadvantageous terms against one that has less; as of two + contiguous countries, the more fruitful has most to fear from an + invasion by its neighbour. +</p> +<p> + It is visible, likewise, to any man who considers the situation of + Britain, that there is no nation by which our trade can in time of war + be so much obstructed as by France, of which the coasts are opposite + to ours, and which can send out small vessels, and seize our merchants + in the mouths of our harbours, or in the Channel of which we boast the + sovereignty: and all those who have heard or read of the last war, in + which we gained so much honour, and so little advantage, know that the + privateers of France injured us more than its navies or its armies; + and that a thousand victories on the continent, where we were only + contending for the rights of others, were a very small recompense for + the obstruction of our commerce; nor can he feel much tenderness for + mankind, who would purchase by the ruin and distress of a thousand + families, industrious and innocent, the momentary festivity of a + triumph, or the idle glare of an illumination. +</p> +<p> + Yet, my lords, this nation, however zealous for its commerce, is about + to engage in a war, in a war with the only state by which our commerce + can be impaired; it is about to support new armies on the continent + without allies, and without treasure. +</p> +<p> + That we are without treasure, and that our trade, by which only our + funds can be supplied, has lately been very much diminished, is too + easy to prove in opposition to the specious display which the noble + lord, who spoke last, has been pleased to make of the exuberance of + our wealth. +</p> +<p> + If the abundance of our riches be such as it has been represented, why + are no measures formed for the payment of the publick debts? of which + no man will say, that they are not in themselves a calamity, and the + source of many calamities yet greater; of which it cannot be denied, + that they multiply dependence by which our constitution may sometimes + be endangered. Why are those debts not only unpaid, but increased by + annual additions to such a height, that the payment of them must soon + become desperate, and the publick sink under the burden? +</p> +<p> + That our trade, my lords, and by consequence our wealth, is of late + diminished, may be proved beyond controversy, even to those whose + interest it is not to believe it, and upon whom, therefore, it cannot + be expected, that arguments will have a great effect. The produce of + the customs was the last year less by half a million than the mean + revenue; and as our customs must always bear a certain proportion to + trade, we may form an indisputable estimate from them of its increase + or its decline. +</p> +<p> + The rise of our stocks, my lords, is such a proof of riches, as + dropsical tumours are of health; it shows not the circulation, but the + stagnation of our money; and though it may flatter us with a false + appearance of plenty for a time, will soon prove, that it is both the + effect and cause of poverty, and will end in weakness and destruction. +</p> +<p> + When commerce flourishes, when its profit is certain and secure, men + will employ their money in the exchange of commodities, by which + greater advantage may be gained, than by putting it into the hands of + brokers; but when every ship is in danger of being intercepted by + privateers, and the insurer divides the profit of every voyage with + the merchant, it is natural to choose a safer, though a less + profitable traffick; and rather to treasure money in the funds, than + expose it on the ocean. +</p> +<p> + But, my lords, the ministers themselves have sufficiently declared + their opinion of the state of the national wealth, by the method which + they have taken to raise those supplies of which they boast with how + great facility they are raised. +</p> +<p> + When they found that new expenses required new taxes, it was necessary + to examine what could be taxed, or upon which part of the nation any + other burdens could be laid without immediate ruin. They turned over + the catalogue of all our manufactures, and found, that scarcely any of + the conveniencies, or even the necessaries of life, were without an + impost. They examined all the classes of our traders, and readily + discovered, that the greatest number of those who endeavoured to + support themselves by honest industry, were struggling with poverty, + and scarcely able to provide to-day what would be necessary to-morrow. + They saw our prisons crowded with debtors, and our papers filled with + the names of bankrupts, of whom many may be supposed to have + miscarried without idleness, extravagance, or folly. +</p> +<p> + They saw, therefore, my lords, that industry must sink under any + addition to its load, a consideration which could afford no proof of + the abundance of our wealth. They saw that our commodities would be no + longer manufactured, if their taxes were increased; and, therefore, it + was necessary to raise money by some other method, since all those + which have been hitherto practised were precluded. +</p> +<p> + This, my lords, was no easy task; but however difficult, it has been + accomplished; and to those great politicians must posterity be + indebted for a new scheme of supplying the expenses of a war. +</p> +<p> + In the time of the late ministry it had been observed, that + drunkenness was become a vice almost universal among the common + people; and that as the liquor which they generally drank was such + that they could destroy their reason by a small quantity, and at a + small expense, the consequence of general drunkenness was general + idleness; since no man would work any longer than was necessary to lay + him asleep for the remaining part of the day. They remarked, likewise, + that the liquor which they generally drank was to the last degree + pernicious to health, and destructive of that corporeal vigour by + which the business of life is to be carried on; and a law was + therefore made, by which it was intended that this species of + debauchery, so peculiarly fatal, should be prevented. +</p> +<p> + Against the end of this law no man has hitherto made the least + objection; no one has dared to signalize himself as an open advocate + for vice, or attempted to prove that drunkenness was not injurious to + society, and contrary to the true ends of human being. The + encouragement of wickedness of this shameful kind, wickedness equally + contemptible and hateful, was reserved for the present ministry, who + are now about to supply those funds which they have exhausted by idle + projects and romantick expeditions, at the expense of health and + virtue; who have discovered a method of recruiting armies by the + destruction of their fellow-subjects; and while they boast themselves + the assertors of liberty, are endeavouring to enslave us by the + introduction of those vices, which in all countries, and in every age, + have made way for despotick power. +</p> +<p> + Even this expedient, my lords, must in a short time fail them; the + products of vice as well as of commerce must in time be exhausted; and + what will then remain? The honest and industrious must feel the weight + of some new imposition, which the sagacity of experienced oppression + may find means to lay upon them; they will then first find the benefit + of this new law, since they may, by the use of those liquors which are + indulged them, put a speedy end to that life which they made unable to + support. +</p> +<p> + The means by which the expenses of our present designs are to be + supported, such means, my lords, as were never yet practised by any + state, however exhausted, or however endangered, means which a wise + nation would scarcely use to repel an invader from the capital, or to + raise works to keep off a general inundation, raise yet stronger + motions of indignation, when it is considered for what designs these + expenses are required. +</p> +<p> + We are now, my lords, raising armies, and hiring auxiliaries, for an + expedition of which no necessity can be discovered, and from which + neither honour nor advantage can be expected; we are about to force + from the people the last remains of their property, and to harass with + exactions those who are already languishing with poverty; not for the + preservation of our liberty, or the defence of our country, but for + the support of the Pragmatick sanction, for the execution of a very + unjust scheme formed by the late king, to which he purchased at + different times, on different emergencies, the concurrence of other + powers; but to which he failed to put the last seal of confirmation, + perhaps in hopes of a male heir, and left the design, which he had so + long and so industriously laboured, to be at last completed by the + kindness of his allies; having, by an unsuccessful war against the + Turks, exhausted his treasure, and weakened his troops. +</p> +<p> + Whether we shall now engage in this design; whether we shall, for the + defence of the Pragmatick sanction, begin another war on the + continent, of which the duration cannot be determined, the expense + estimated, or the event foreseen; whether we shall contend at once + with all the princes of the house of Bourbon, and entangle ourselves + in a labyrinth of different schemes; whether we shall provoke France + to interrupt our commerce, and invade our colonies, and stand without + the assistance of a single ally, against those powers that lately set + almost all Europe at defiance, is now to be determined by your + lordships. +</p> +<p> + It can scarcely be expected, that the French will treat us only as + auxiliaries, and satisfy themselves with attacking us only where they + find themselves opposed by us: they will undoubtedly, my lords, + consider us as principals, since they can suffer little more by + declaring war against us. +</p> +<p> + These, my lords, are the dangers to be feared from the measures which + we are now persuaded to pursue; but persuaded by arguments which, in + my opinion, ought to have very little influence upon us, and which + have not yet been able, however artfully or zealously enforced, to + prevail upon the Dutch to unite with us. +</p> +<p> + It has, indeed, been asserted, that the Dutch appear inclined to + assist us: but of that inclination stronger proofs ought surely to be + produced, before we take auxiliaries into pay, and transport troops + into another country, which has been so often represented to have been + raised for the defence of their own, or collect money from the publick + by the propagation of wickedness. +</p> +<p> + Of this favourable inclination in the Dutch I am the more doubtful, + because it is contrary to the expectations of all mankind, and to the + maxims by which they have generally regulated their conduct. There + have been many late instances of their patient submission to the + invasion of privileges to which they have thought themselves entitled, + and of their preference of peace, though sometimes purchased with the + loss of honour; or, what may be supposed to touch a Dutchman much more + nearly, of profit, to the devastation and expense and hazards of war; + and it can hardly be supposed by any who know their character, that + they will be more zealous for the rights of others than for their own; + or that they will, for the support of the queen of Hungary, sacrifice + that security and tranquillity which they have preferred at the + expense of their commerce at one time, and by passive submission to + insults at another. +</p> +<p> + That a nation like this, my lords, will in the quarrel of another + engage in any but moderate measures, is not to be expected: it is not + improbable, that they may endeavour by embassies and negotiations to + adjust the present disputes, or offer their mediation to the + contending powers; but I am very far from imagining, that they will + find in themselves any disposition to raise armies, or equip fleets, + that they will endanger the barrier which has been so dearly + purchased, or expose themselves to the hazards and terrours of a + French war; and am, therefore, inclined to believe, that if any + tendency towards such measures now appears, it is only the effect of + the present heat of some vehement declaimers, or the secret + machination of some artful projectors among them, who have formed + chimerical plans of a new system of Europe, and have, in their + imaginations, regulated the distribution of dominion and power, or + who, perhaps, have diminished their patrimonies by negligence and + extravagance, and hope to repair them in times of confusion, and to + glean part of that harvest of treasure which the publick must be + obliged to yield in time of war. I am still inclined to believe, that + the true interest of the republick will be consulted, that policy will + prevail over intrigue, and that only moderate measures will be pursued + by the general council of the states. +</p> +<p> + Moderate measures, my lords, if not always the most honourable in the + opinion of minds vitiated by false notions of grandeur, are, at least, + always the most safe; and are, therefore, eligible at least, till the + scene of affairs begins to open, and the success of a more vigorous + conduct may with some degree of certainty be foreknown; and it must at + least be thought imprudent for those to hazard much who can gain + nothing, and therefore it will not be easy to assign any reason that + may justify our conduct on the present occasion. +</p> +<p> + It is not improbable, my lords, that those who have now obtained the + direction of our affairs, may be influenced by the general + disapprobation which the British people showed of the pacifick conduct + of the late ministry, and may have resolved to endeavour after + applause, by showing more spirit and activity. But, my lords, of two + opposite schemes it is not impossible that both may be wrong, and that + the middle way only may be safe; nor is it uncommon for those who are + precipitately flying from one extreme, to rush blindly upon another. +</p> +<p> + But our ministry, my lords, have found out a method of complicating + errours which none of their predecessors, however stigmatized for + ignorance and absurdity, have hitherto been able to attain; they have + been able to reconcile the extremes of folly, and to endanger the + publick interest at the same time, by inactivity and romantick + temerity. +</p> +<p> + No accusation against the late ministry was more general, more + atrocious, or more adapted to incense the people, than that of + neglecting the war against Spain: this was the subject of all the + invectives which were vented against them in the senate, or dispersed + among the people; for this they were charged with a secret confederacy + against their country, with disregard of its commerce and its arms, + and with a design to ruin the nation for no other end than to punish + the merchants. +</p> +<p> + To this accusation, my lords, diligently propagated, willingly + received, and, to confess the truth, confirmed by some appearances, do + those owe their power, who now preside over the affairs of the nation; + and it might, therefore, have been hoped, that by their promotion, one + of our grievances would have been taken away, and that at least the + war against Spain would have been vigorously prosecuted. +</p> +<p> + But this ministry, my lords, have only furnished a new instance of the + credulity of mankind, of the delusion of outward appearances, and of + the folly of hoping with too great ardour for any event, and of + trusting any man with too great confidence. No sooner were they + possessed of the power to which their ambition had so long aspired, + and of the salaries which had with so much eagerness been coveted by + their avarice, than they forgot the complaints of the merchants, the + value of commerce, the honour of the British flag, the danger of our + American territories, and the great importance of the war with Spain, + and contented themselves with ordering convoys for our merchants, + instead of destroying the enemy by whom they are molested. +</p> +<p> + The fleets which are floating from one coast to another in the + Mediterranean, and which sometimes strike terrour into the harmless + inhabitants of an open coast, or threaten, but only threaten, + destruction to an unfortified town, I am very far from considering as + armaments fitted out against the Spaniards, who neither feel nor fear + any great injury from them: their trade may be, indeed, somewhat + impeded; but that inconvenience is amply compensated by their + depredations upon our merchants: their navies may be confined to their + own ports, or to those of France; but these navies are not very + necessary to them, since they are not sufficiently powerful to oppose + us on the ocean; and therefore they who are thus confined, suffer less + than those who confine them. We have, indeed, the empty pleasure of + seeing ourselves lords of the sea, and of shaking the coasts with + volleys of our cannon; but we purchase the triumph at a very high + price, and shall find ourselves in time weakened by a useless + ostentation of superiority. +</p> +<p> + The only parts of the Spanish dominions in which they can receive any + hurt from our forces, are those countries which they possess in + America, and from which they receive the gold and silver which inflame + their pride, and incite them to insult nations more powerful than + themselves. By seizing any part of those wealthy regions, we shall + stop the fountain of their treasure, reduce them to immediate penury, + and compel them to solicit peace upon any conditions that we shall + condescend to offer them. +</p> +<p> + The necessity of invading these countries, my lords, was perfectly + understood, and very distinctly explained, when the forces destined + for that expedition were delayed, and when the attempt at Carthagena + miscarried; nothing was more pathetical than the complaints of the + patriots, who spared no labour to inform either the senate or the + nation of the advantages which success would have procured. But what + measures have been taken to repair our losses, or to regain our + honour; or what new schemes have been formed for making an attack more + forcible upon some weaker part? +</p> +<p> + Every one can remember, that the miscarriage of that enterprise was + imputed, not to its difficulty, nor to the courage of the Spaniards, + nor to the strength of their works, but to the unskilfulness of our + officers, and the impropriety of the season; and it was, therefore, + without doubt thought not impossible to attack the Spanish colonies + with success; but why then, my lords, have they hitherto suffered the + Spaniards to discipline their troops, and strengthen their works at. + leisure, that at length they may securely set us at defiance, and + plunder our merchants without fear of vengeance? +</p> +<p> + Thus, my lords, has our real interest been neglected in pursuit not of + any other scheme of equal advantage, but of the empty title of the + arbiters of Europe; we have suffered our trade to be destroyed, and + our country impoverished for the sake of holding the <i>balance of + power</i>; that variable balance, in which folly and ambition are + perpetually changing the weights, and which neither policy nor + strength could yet preserve steady for a single year. +</p> +<p> + In the prosecution of this idle scheme, we are about to violate all + the maxims of wisdom, and perhaps of justice; we are about to destroy + the end by the means which we make use of to promote it, to endanger + our country more by attempting to hinder the changes which are + projected in Europe, than their accomplishment will endanger it, and + to deliver up ourselves to France before she makes any demand of + submission from us. +</p> +<p> + If any excuse could be made for expeditions so likely to end in ruin, + it must be that justice required them; and that if we suffer, we at + least suffer in support of right, and in an honest endeavour to + promote the execution of the great laws of moral equity; that if we + fail of success, we shall always have the consolation of having meant + well, and of having deserved those victories which we could not gain. +</p> +<p> + But, upon an impartial survey of the cause in which we are going to + engage, and on which we are about to hazard our own happiness, and + that of our posterity, I can discover no such apparent justice on the + side of the queen of Hungary, as ought to incite distant nations to + espouse her quarrel, to raise armies in her favour, to consider her + cause as that of human nature, and to prosecute those that invade her + territories, as the enemies of general society. +</p> +<p> + The Pragmatick sanction, my lords, by which she claims all the + hereditary dominions of her family, cannot change the nature of right + and wrong, nor invalidate any claim before subsisting, unless by the + consent of the prince by whom it was made. The elector of Bavaria may, + therefore, urge in his own defence, that by the elder sister he has a + clear and indisputable right, a right from which he never receded, as + he never concurred in the Pragmatiok sanction; he may, therefore, + charge this illustrious princess, for whom so many troops are raised, + and for whom so much blood is about to be shed, with usurpation, with + detention of the dominions of other potentates, and with an obstinate + assertion of a false title. +</p> +<p> + That the Pragmatick sanction is generally understood to be unjust, + appears sufficiently from the conduct of those powers who, though + engaged by solemn stipulations to support it, yet look unconcerned on + the violation of it, and appear convinced, that the princes who are + now dividing among themselves the Austrian dominions, produce claims + which cannot be opposed without a manifest disregard of justice. +</p> +<p> + The pretensions of these princes ought, indeed, to have been more + attentively considered, when this guaranty was first demanded; for it + is evident, that either no such compact ought to have been made, or + that it ought now to be observed; and that those who now justify the + neglect of it, by urging its injustice, ought to have refused + accession to it for the same reason. But it is probable, that they + will urge in their defence, what cannot easily be confuted, that their + consent was obtained by misrepresentations; and that he who has + promised to do any thing on the supposition that it is right, is not + bound by that promise, when he has discovered it to be wrong. +</p> +<p> + But though justice may, my lords, be pretended, I am far from doubting + that policy has, in reality, supplied the motives upon which these + powers proceed. Since the world is evidently governed more by interest + than virtue, I think it not unreasonable to imagine, that they form + their measures according to their own expectations of advantage; and + as I do not believe our countrymen distinguished from the rest of + mankind by any peculiar disregard of themselves, it may not be + improper to examine, even in this place, whether by restoring the + house of Austria to its ancient greatness, we shall promote our own + happiness, or that of the empire, or of the rest of Europe. +</p> +<p> + To ourselves, my lords, I do not see what assistance can be given in + time of danger by this house, however powerful, or however friendly; + for, I suppose, we shall never suffer it to grow powerful by sea as + well as by land, and by sea only can we receive benefits or injuries. + What advantages the rest of Europe may promise themselves from the + restoration of the Austrian power, may be learned, my lords, from the + history of the great emperour, Charles the fifth, who for many years + kept the world in continual alarms, ranged from nation to nation with + incessant and insatiable ambition, made war only for the extinction of + the protestant religion, and employed his power and his abilities in + harassing the neighbouring princes, and disturbing the tranquillity of + mankind. +</p> +<p> + Nor did his successours, my lords, though weakened by the division of + his dominions, enjoy their power with greater moderation, or exert it + to better purposes. It is well known, that they endeavoured the + subversion of both the liberties and religion of the subordinate + states of the empire, and that the great king of Sweden was called + into Germany, as well for the preservation of the protestant religion, + as of the rights of the electors. +</p> +<p> + This, my lords, is so generally known and confessed, that Puffendorf, + the best writer on the German constitution, has declared it + disadvantageous to the empire to place at its head a prince too + powerful by his hereditary dominions, since they will always furnish + him with force to oppress the weaker princes; and it is not often + found, that he who has the power to oppress, is restrained by + principles of justice. +</p> +<p> + It appears, therefore, to me, my lords, that the late election of an + emperour was made with sufficient regard to the general good; and + that, therefore, neither policy nor equity oblige us to act in a + manner different from the other powers who are joined in the same + engagements, of whom I do not learn, by any of the common channels of + intelligence, that any of them intend the support of the Pragmatick + sanction; for no newspaper or pamphlet has yet informed us, that any + of the other powers are hiring auxiliaries, or regulating the march of + their troops, or making any uncommon preparations, which may foretoken + an expedition against the emperour or his allies. +</p> +<p> + Yet, my lords, they are not restrained from attacking the emperour, by + so strong objections as may be made to the present design; for they + owe him no obedience as their sovereign, nor have contributed to the + acquisition of his honours; they have not, like his majesty, given + their votes for his exaltation to the imperial seat, nor have + acknowledged his right by granting him an aid. They might, therefore, + without charge of disloyalty or inconsistency, endeavour to dethrone + him; but how his majesty can engage in any such design, after having + zealously promoted his advancement, and confirmed his election by the + usual acknowledgment, I am not able to understand. It is evident, that + the king of Prussia believes himself restrained by his own acts, and + thinks it absurd to fight against an emperour, who obtained the throne + by his choice; he, therefore, has, with his usual wisdom, refused to + engage in the confederacy, nor have either promises or concessions + been able to obtain more from him than a bare neutrality. +</p> +<p> + Whether, indeed, any more than a neutrality be intended, even by this + pompous armament, for which we are now required to provide, I maybe + allowed to doubt; since the troops that are hired at so high a rate, + are such as cannot act against the enemies of the queen of Hungary, + without breach of the imperial constitutions. +</p> +<p> + It has been already justly observed in this debate, that when the + emperour has obtained from the diet an aid of fifty months, that act + is considered as an authentick recognition of his title; nor can any + of the German princes afterwards make war against him, without + subjecting his dominions to the imperial interdict, and losing the + privileges of his sovereignty. +</p> +<p> + That the present emperour has already received this acknowledgment, + and been confessed by his majesty, as elector of Hanover, to be + legally invested with the imperial dignity, is well known; and, + therefore, I cannot by any method of reasoning discover, nor have yet + found any man able to inform me, why the troops of Hanover are chosen + before those of any other nation, for a design which they cannot + execute, without ruining their sovereign if they fail; and infringing + the constitution of the empire, if they should happen to succeed? +</p> +<p> + I should, therefore, have imagined, that the assistance of the queen + of Hungary was only pretended, and that the forces were only designed + to breathe the air of the continent, and to display their scarlet at + the expense of Britain, had not the noble lord who spoke third in this + debate informed us, that they will in reality march into Germany; a + design, my lords, so romantick, unseasonable, and dangerous, that + though I cannot doubt it after such assurances, I should not have + believed it on any other; a design which I hope every man, who regards + the welfare of this kingdom, will indefatigably oppose, and which + every Briton must wish that some lucky accident may frustrate. +</p> +<p> + To send an army into Germany, my lords, is to hazard our native + country without necessity, without temptation, without prospect or + possibility of advantage; it is to engage in a quarrel which has no + relation to our dominions, or rights, or commerce; a quarrel from + which, however it be decided, we can neither hope for any increase of + our wealth, our force, or our influence; but which may involve us in a + war without end, in which it will be difficult to obtain the victory, + and in which we must yet either conquer or be undone. +</p> +<p> + Surely, my lords, an expedition like this was never undertaken before, + without consulting the senate, and declaring the motives on which it + was designed; surely never was any supply of this nature demanded, + without some previous discoveries to this house of the importance of + the service for which they were required to provide. On this occasion, + my lords, all the councils of the government are covered by a cloud of + affected secrecy, nor is any knowledge of our affairs to be gained, + but from papers which are not to be regarded here, the printed votes + of the other house. +</p> +<p> + I am always, my lords, inclined to suspect unusual secrecy, and to + imagine, that men either conceal their measures, because they cannot + defend them, or affect an appearance of concealing them, when in + reality they have yet projected nothing, and draw the veil with + uncommon care, only lest it should be discovered that there is nothing + behind it; as when palaces are shown, those apartments which are + empty, are carefully locked up. +</p> +<p> + To confess my opinion without reserve, I am not so much inclined to + believe, that our ministers' designs are bad, as that they design + nothing; and suspect that this mighty army, so lavishly paid, and + collected from such distant parts, is to regulate its motions by + accident, and to wait without action, till some change in the state of + Europe shall make it more easy for our ministers to form their scheme. +</p> +<p> + I hope, my lords, that by some accident more favourable than we have + at present reason to expect, our German expedition will be retarded, + till our ministers shall awaken from their present dream of delivering + Europe from the French ambition, and of restoring the ancient + greatness of the house of Austria. I hope every day, as it adds to + their experience, will diminish that ardour which is generally the + effect of imperfect views, which is commonly raised by partial + considerations, and ends in inconsiderate undertakings. I hope they + will in time think it no advantage to their fellow-subjects to be + doomed to fight the battles of other nations, and to be called out + into every field, where they shall happen to hear that blood is to be + shed. I hope they will be taught, that the only business of Britain is + commerce; and that while our ships pass unmolested, we may sit at + ease, whatever be the designs or actions of the potentates on the + continent; that none but naval power can endanger our safety, and that + it is not necessary for us to inquire, how foreign territories are + distributed, what family approaches to its extinction, or where a + successour will be found to any other crown than that of Britain. +</p> +<p> + If these maxims were once generally understood, from how much + perplexity would our councils be set free? how many thousands of our + fellow-subjects would be preserved from slaughter? and how much would + our wealth be increased, by saving those sums which are yearly + squandered in idle expeditions, or in negotiations equally useless, + and, perhaps, equally expensive? Had these principles been received by + our forefathers, we might now have given laws to the world, and, + perhaps, our posterity will, with equal reason, say, How happy, how + great and formidable they should have been, had not we attempted to + fix and to hold the balance of power, and neglected the interest of + our country for the preservation of the house of Austria! +</p> +<p> + Thus, my lords, I have endeavoured to explain and enforce my opinion + of the measures in which our ministers have engaged the nation; and + hope that I shall not be accused of being influenced in my + determinations by personal prejudices, nor of having changed my + opinions with regard to publick affairs, in consequence of any change + of the persons by whom they are conducted. For if my sentiments have + ever been thought important enough to be retained in memory, I can, + with the utmost confidence, appeal to all those who can recollect what + I have formerly said, when the reestablishment of the house of Austria + was the subject of our consultations; and defy the most rigorous and + attentive examiner of my conduct, to prove, that there ever was a time + in which I thought it necessary or expedient for the British nation to + be entangled in disputes on the continent, or to employ her arms in + regulating the pretensions of contending powers. +</p> +<p> + I was always of opinion, my lords, that peace is the most eligible + state, and that the ease of security is to be preferred to the honour + of victory. I always thought peace particularly necessary to a trading + people; and as I have yet found no reason to alter my sentiments, and + as auxiliaries cannot be of any use but in time of war, I shall + endeavour to promote peace by joining in the motion. +</p> +<p> + Lord CHOLMONDELEY spoke to this effect:—My lords, notwithstanding the + atrocious charges which have been urged with so much vehemence against + the ministry; notwithstanding the folly and absurdity which some lords + have imagined themselves to have discovered in the present measures, I + cannot yet prevail upon myself, whatever may be my veneration for + their integrity, or my confidence in their abilities, to approve the + motion for which they so earnestly contend. +</p> +<p> + To comply with this motion, my lords, would be, in my opinion, to + betray the general cause of mankind, to interrupt the success of the + assertors of liberty, to give up all the continent, at once, to the + house of Bourbon, to defeat all the measures of our ancestors and + ourselves, and to invite the oppressors of mankind to extend their + claims of universal dominion to the island of Britain. +</p> +<p> + Of the measures which we are now to consider, I think the defence at + once obvious and unanswerable; and should advise, that instead of + exerting an useless sagacity in uncertain conjectures on future + events, or displaying unseasonable knowledge by the citation of + authorities, or the recollection of ancient facts, every lord should + attentively compare the state into which Europe was reduced soon after + the death of the late emperour, with that in which it now appears; and + inquire to what causes such sudden and important changes are to be + ascribed. He will then easily discover the efficacy of the British + measures; and be convinced, that nothing has been omitted which the + interest of this nation required. +</p> +<p> + When I hear it asked by the noble lords, what effects have been + produced by our armaments and expenses? For what end auxiliaries are + hired, and why our armies are transported into Flanders? I cannot but + suspect, my lords, that this affectation of ignorance is only intended + to irritate their opponents; that they suppress facts with which they + are well acquainted, only that they may have an opportunity of giving + vent to their passions, of displaying their imagination in artful + reproaches, and exercising their eloquence in splendid declamations. I + believe they hide what they know where to find, only to oblige others + to the labour of producing it; and ask questions, not because they + want or desire information, but because they hope to weary those whose + stations condemn them to the task of answering them. +</p> +<p> + The effects, my lords, which the assistance given by us to the queen + of Hungary have already produced, are the recovery of one kingdom, and + the safety of the rest; the exclusion of the Spaniards from Italy on + the one part, and on the other the confinement of them in it, without + either the supplies for war, or the necessaries of life. +</p> +<p> + These, my lords, are surely great advantages; but these are not the + greatest which we have reason to hope. Our vigour and resolution have + at last animated the Dutch to suspend for a time their attention to + trade and money, and to consider what they seldom much regard, the + state of other nations; the most rich and powerful of their provinces + have already determined to concur in the reestablishment of the house + of Austria; and if the approbation of the rest be necessary, it is + likely to be obtained by the same method of proceeding. +</p> +<p> + Thus, my lords, we have a prospect of doing that which the ministers + of queen Anne, whose fidelity, wisdom, and address, have been so often + and so invidiously commended, thought their greatest honour, and the + strongest proof of their abilities. We may soon form another + confederacy against the house of Bourbon, at a time when Louis the + fourteenth is not at its head, at a time when it is exhausted by + expensive projects; and when, therefore, it cannot make the same + resistance as when it was before attacked. +</p> +<p> + By pursuing the scheme which is now formed, with steadiness and + ardour, we may, perhaps, reinstate all those nations in their + liberties, whom cowardice, or negligence, or credulity have, during + the last century, delivered up to the ambition of France; we may + confine that swelling monarchy, which has from year to year torn down + the boundaries of its neighbours, within its ancient limits, and + disable it for ages from giving any new alarms to mankind, and from + making any other efforts for the acquisition of universal dominion; we + may reestablish the house of Austria as the great barrier of the + world, by which it is preserved on one part from being laid waste by + the barbarity of the Turks, and on the other from being enslaved by + politer tyrants, and overrun by the ambition of France. +</p> +<p> + Elevated with such success, and encouraged by such prospects, we ought + surely, my lords, to press forward in a path, where we have hitherto + found no difficulties, and which leads directly to solid peace and + happiness, which no dangers or terrours can hereafter interrupt: we + ought, instead of relaxing, to redouble our efforts; and to remember, + that by exerting all our strength and all our influence for a short + time, we shall not only secure ourselves and our posterity from + insolence and oppression, but shall establish the tranquillity of the + world, and promote the general felicity of the human species. +</p> +<p> + For these great purposes, my lords, are those auxiliaries retained, of + which some lords now require the dismission; and those armies + transported, which part of the nation is by false reports inclined to + recall; but I hope that such unreasonable demands will not be + gratified, and that the faith of treaties, the ties of friendship, the + call of justice, and the expectations of our allies, will easily + prevail upon your lordships to despise the murmurs of prejudice, and + the outcries of faction. +</p> +<p> + Lord BATH replied to the following effect:—My lords, as I am far from + thinking, that my advice or opinion can be of any use in this + illustrious assembly, I should have listened in silence to this + debate, important as it is, had I not thought it my duty to defend + here what I approved in the council; and considered it as an act of + cowardice and meanness to fall passively down the stream of + popularity, and to suffer my reason and my integrity to be overborne + by the noise of vulgar clamours, which have been raised against the + measures of the government by the low arts of exaggeration, fallacious + reasonings, and partial representations. It is not without concern, my + lords, that even in this house I observe some inclination to gratify + the prejudices of the people, and to confirm them in their contempt of + the foreign troops, by the poor artifice of contemptuous language. To + dispute about words, is, indeed, seldom useful; and when questions so + weighty as these are before us, may be justly censured as improper. I + shall, therefore, only observe that the term mercenaries, which is in + the motion applied to the forces of Hanover, seems designed rather to + affect the passions than influence the reason, and intended only to + express a partiality which cannot be justified. +</p> +<p> + But it is far more necessary, my lords, to consider upon what motives + the troops of Hanover were hired, than by what denomination they may + most properly be called; and therefore I shall endeavour to explain + the reasons which induced the ministry to retain them, and which, I + suppose, have prevailed upon the commons to provide for their support. +</p> +<p> + It has been asked, why the troops of Hanover were preferred to those + of any other nation? And it has been insinuated, that our + determination was influenced by motives very different from that + regard which every Briton owes to the interest of his native country. + But to this imputation, however specious, and however popular, it may + be with great security replied, that there was no preference, because + there was no choice; that there was a necessity for hiring troops, and + that no other troops were to be obtained; and whoever shall endeavour + to invalidate this defence, must engage in an undertaking of which I + can boldly affirm, that he will find it very difficult. He must show + what power would have been able or willing to have furnished us with + troops on this occasion; and I am confident, that whoever shall, with + this design, take a deliberate survey of the several kingdoms and + states of Europe, will find, that there is no other prince to whom we + could have applied on this occasion, without greater inconveniencies + than can reasonably be feared from the present stipulation with + Hanover. +</p> +<p> + The reasons, indeed, for which this stipulation was made, appeared so + strong, when it was considered in the council, that it was unanimously + determined necessary; nor was the conclusion hastily made in an + assembly of particular persons, who might be suspected of favouring it + from private views, and of being convened on purpose to put it in + execution: it was debated by a great number with great solemnity; nor + can any man say, that he only yielded to what he found it in vain to + oppose; for the consent given was not a tacit acquiescence, but a + verbal approbation. So far was this part of our measures from being + the advice of any single man, or transacted with that solicitous + secrecy which is the usual refuge of bad designs. +</p> +<p> + It has been asserted, likewise, my lords, and with much greater + appearance of justice, that this whole design has been formed and + conducted without the concurrence or approbation of the senate; and + that, therefore, it can be considered only as a private scheme to be + executed at the publick expense, as a plan formed by the ministry to + aggrandize or ingratiate themselves at the hazard of the nation. +</p> +<p> + But even this, my lords, is a misrepresentation, though a + misrepresentation more artful, and more difficult to defeat; because, + in order to the justification of our measures, it is necessary to take + a review of past transactions, and to consider what was necessarily + implied by former determinations of the senate. +</p> +<p> + The period, my lords, to which this consideration will necessarily + carry us back, is the time at which, after the late tedious war, a + peace was, on whatever terms, concluded with France. It is well known, + that the confederates demanded, among other advantages, a cession of + that part of Flanders, which had been for many years in the possession + of Spain, and which opened a way by which the ambition of the house of + Bourbon might make inroads at pleasure into the dominions of either + the Austrians or Dutch. This they were immediately interested in + preventing; and as we knew the necessity of preserving the equipoise + of power, we likewise were remotely engaged to promote any measures by + which it might be secured. In this demand, therefore, all the + confederate powers naturally united, and by their united influence + enforced compliance. But though it was easy, with no great profundity + of political knowledge, to discover from whom these provinces should + be taken away, to whom they should be given, was a question of more + difficulty; since they might add to the power that had opportunities + of improving them, such an increase of commerce and wealth as might + defeat the end for which they were demanded, and destroy the balance + of power, by transferring too much weight into another scale. And + mankind has learned, my lords, by experience, that exorbitant power + will always produce exorbitant pride; that very few, when they can + oppress with security, will be contained within the bounds of equity + by the restraints of morality or of religion; and that, therefore, the + only method of establishing a lasting peace is to divide power so + equally, that no party may have any certain prospect of advantage by + making war upon another. +</p> +<p> + For this reason, my lords, it was apparently contrary to our interest + to grant those provinces to those to whom, by their situation, they + might have been most useful. Such countries, and such manufactures in + the hands of a people versed, perhaps, beyond all others, both in the + science and the stratagems of trade, and always watchful to improve + every opportunity of increasing their riches, would have enabled them + in a short time to purchase an interest in the councils of all the + monarchs of the world, to have maintained fleets that might have + covered the ocean, and to have obtained that universal dominion to + which the French have so long aspired, and which it is, perhaps, more + for the interest of mankind, that if slavery cannot be prevented, they + should obtain, as they would, perhaps, use their power with more + generosity. +</p> +<p> + The same reason, my lords, naturally made the Dutch unwilling to put + these provinces in the hands of Britain; for we, likewise, make a + profession of trade, though we do not pursue it with the same ardour, + or, to confess the truth, with the same success: it was not, however, + to be imagined, that there would not be found among us some men of + sagacity to discern, and of industry to improve the opportunities + which the new dominions would have put into our hands of vending our + manufactures in parts where, at present, they are very little known. + Nor was this the only danger to be feared from such an increase of + dominion: the Dutch have not yet forgotten, that though we at first + rescued them from slavery, patronised the infancy of their state, and + continued our guardianship till it was grown up to maturity, and + enabled to support itself by its own strength, yet we afterwards made + very vigorous attempts to reduce it to its original weakness, and to + sink it into pupillage again; that we attempted to invade the most + essential part of its rights, and to prescribe the number of ships + that it should maintain. They know, likewise, my lords, that by the + natural rotation of human affairs, the same counsels may in some + future reign be again pursued, or that some unavoidable conflict of + interest may produce a contest that can be decided only by the sword; + and then it may easily be perceived how much they would be endangered, + by the neighbourhood of British garrisons, and of countries, where we + might maintain numerous armies at a very small expense. It is, + therefore, no subject of wonder, that a nation much less subtile than + the Dutch should find out how much it was their interest, that we + should be confined within the limits of our own island; and that we + should not have it in our power to attack them with armies as well as + fleets, and at once to obstruct their commerce and invade their + country. +</p> +<p> + There remained, therefore, my lords, no power but the emperour to whom + these provinces could be consigned; and to him, therefore, they were + given, but given only in trust for the joint advantage of the whole + confederacy; he, indeed, enjoys their revenues on condition that he + shall support the garrisons necessary to their defence; but he cannot + transfer them to any other power, or alienate them to the detriment of + those nations who concurred in acquiring them. +</p> +<p> + It may not be improper, my lords, to observe, that on this contract + depends the justice of our conduct with regard to the company + established at Ostend for carrying on a trade to the East Indies. + These provinces were granted to the confederate powers, and consigned + to the emperour to be enjoyed by him for the common benefit: it was, + therefore, plainly intended by this contract, that he should use none + of the advantages which these new dominions afforded him, to the + detriment of those powers by whose gift he enjoyed them; nor could it + be supposed that the Dutch and Britons debarred each other from those + opportunities of trade only to enable the emperour to rival them both. +</p> +<p> + The towns, therefore, my lords, were at this time determined by the + senate to be the general property of all the confederate powers, + acquired by their united arms, and to be preserved for their common + advantage, as the pledge of peace, and the palladium of Europe. If, + therefore, it should at any time happen, that they should be + endangered either by the weakness or neglect of any one of those + powers, the rest are to exert their right, and endeavour their + preservation and security; nor is there any new stipulation or law + necessary for this; since, with respect to the confederates, it is + implied in the original stipulation, and with regard to the senate of + Britain, in the approbation which was bestowed upon that contract, + when it was made. +</p> +<p> + The time, my lords, in which this common right is to be exerted, is + now arrived; the queen of Hungary, invaded in her hereditary + dominions, and pressed on every side by a general combination of + almost all the surrounding princes, declares herself no longer able to + support the garrisons of the barrier, and informs us, that she intends + to recall her troops for the defence of their own country. What, then, + is more apparent, my lords, than that either these towns must fall + again into the hands of the French, and that we shall be obliged to + recover them, if they can ever be recovered, at the expense of another + ten years' war, or that either we or the Dutch must send troops to + supply the place of those which the necessities of their sovereign + oblige her to withdraw. +</p> +<p> + That the towns of Flanders should be resigned gratuitously to France, + that the enemies of mankind should be put in possession of the + strongest bulwarks in the world, surrounded by fields and pastures + able to maintain their garrisons without expense, will not be proposed + by any of this assembly. But it may easily and naturally be objected, + that the Dutch ought to garrison these towns, as more nearly + interested in their preservation, and more commodiously situated for + their defence; nor can it be, indeed, denied, that the Dutch may be + justly censured for their neglect, as they appear to leave the common + cause to our protection, and to prefer their commerce and their ease + to their own safety and the happiness of the world. +</p> +<p> + This, my lords, has been very warmly asserted in their own assemblies, + nor have there been wanting men of spirit and integrity amongst them + who have despised the gold and promises, and detected the artifices of + France; who have endeavoured by all the arts of argument and + persuasion to rouse their countrymen to remembrance of their former + danger, and to an inquiry into their real interest; who have advised + the levy of new forces, and the establishment of a new confederacy; + who have called upon the state to face danger while it is yet distant, + and to secure their own country by pouring their garrisons into the + towns and citadels by which their frontiers are protected. If their + arguments, however just, have not yet attained their end, it is to be + imputed to the constitution, embarrassed by the combination of + different interests, which must be reconciled, before any resolution + can be formed. A single town, my lords, can, by refusing its consent, + put a stand to the most necessary designs, and it is easily to be + imagined, that by a monarch equally crafty and rich, a single town may + sometimes be bribed into measures contrary to the publick interest. +</p> +<p> + But, my lords, the negligence of the Dutch is a motive which ought to + incite us to vigour and despatch; since it is not for the sake of the + Dutch but ourselves, that we desire the suppression of France. If the + Dutch are at length convinced of the ease of slavery, and think + liberty no longer worth the labour of preserving it,—if they are + tired with the task of labouring for the happiness of others, and have + forsaken the stand on which they were placed, as the general watch of + the world, to indulge themselves in tranquillity and slumber,—let not + us, my lords, give way to the same infatuation; let not us look with + neglect on the deluge that rolls towards us till it has advanced too + far to be resisted. Let us remember, that we are to owe our + preservation only to ourselves, and redouble our efforts in proportion + as others neglect their duty. Let us show mankind, that we are neither + afraid to stand up alone in defence of justice and of freedom, nor + unable to maintain the cause that we have undertaken to assert. +</p> +<p> + But if it should be thought by any of this noble assembly, that the + concurrence of the Dutch is absolutely necessary to a prospect of + success, it may be reasonably answered, that by engaging in measures + which can leave no doubt of either our power or our sincerity, the + concurrence of the Dutch is most likely to be obtained. By this method + of proceeding, my lords, was formed the last mighty confederacy by + which the house of Bourbon was almost shaken into ruins. The Dutch + then, as now, were slow in their determinations, and perhaps equally + diffident of their own strength and our firmness; nor did they agree + to declare war against France, till we had transported ten thousand + men into Flanders, and convinced them that we were not inviting them + to a mock alliance; but that we really intended the reduction of that + empire which had so long extended itself without interruption, and + threatened in a short time to swallow up all the western nations. +</p> +<p> + Thus, my lords, it appears, that the measures which have been pursued + are just, politick, and legal; that they have been prescribed by the + decrees of former senates, and therefore cannot be censured as + arbitrary; and that they have a tendency to the preservation of those + territories which it was once thought so much honour to acquire: and + it may be yet farther urged, that though they are to be considered + only as the first tendencies to secure greater designs, they have + already produced effects apparently to the advantage of the common + cause, and have obliged the French to desist from their pursuit of the + queen of Hungary, and rather to inquire how they shall return home + than how they shall proceed to farther conquests. +</p> +<p> + In condemnation of these measures, my lords, it has indeed been urged, + that a moderate conduct is always eligible; and that nothing but ruin + and confusion can be expected from precipitation and temerity. + Moderation, my lords, is a very captivating sound; but I hope it will + have now no influence on this assembly; because on this occasion it + cannot properly be employed. I have always been taught, that + moderation is only useful in forming determinations or designs, but + that when once conviction is attained, zeal is to take place; and when + a design is planned, it ought to be executed with vigour. +</p> +<p> + The question is not now, my lords, whether we shall support the queen + of Hungary, but in what manner she shall be supported; and, therefore, + it cannot be doubted, but that such support should be granted her as + may be effectual; and I believe it will not be thought, that we can + assist her without exerting an uncommon degree of vigour, and showing, + that we consider ourselves as engaged in a cause which cannot be + abandoned without disgrace and ruin. +</p> +<p> + If the noble lord had, before he entered upon his encomium on + moderation, considered what effects could be promised from his + favourite virtue, he would have had no inclination to display his + eloquence upon it. By moderation, my lords, uninterrupted moderation + of more than twenty years, have we become the scorn of mankind, and + exposed ourselves to the insults of almost every nation in the world. + By moderation have we betrayed our allies, and suffered our friendship + to lose all its value; by moderation have we given up commerce to the + rapacity of an enemy, formidable only for his perseverance, and + suffered our merchants to be ruined, and our sailors to be enslaved. + By moderation have we permitted the French to grasp again at general + dominion, to overrun Germany with their armies, and to endanger again + the liberties of mankind; and by continuing, for a very few years, the + same laudable moderation, we shall probably encourage them to shut up + our ships in our harbour, and demand a tribute for the use of the + Channel. +</p> +<p> + I need not observe to your lordships, that all the great actions that + have, in all ages, been achieved, have been the effects of resolution, + diligence, and daring activity, virtues wholly opposite to the + calmness of moderation. I need not observe, that the advantages + enjoyed at present by the French are the consequences of that vigour + and expedition, by which they are distinguished, and which the form of + their government enables them to exert. Had they, my lords, instead of + pouring armies into the Austrian dominions, and procuring, by the + terrour of their troops, the election of an emperour, pursued these + measures of moderation which have been so pathetically recommended, + how easily had their designs been defeated? +</p> +<p> + Had they lost time in persuading the queen of Hungary by a solemn + embassy to resign her dominions, or attempted to influence the diet by + amicable negotiations, armies had been levied, and the passes of + Germany had been shut against them; they had been opposed on the + frontiers of their own dominions, by troops equally numerous and + warlike with their own, and instead of imposing a sovereign on the + empire, had been, perhaps, pursued into their own country. +</p> +<p> + But, my lords, whether moderation was not recommended to them by such + powerful oratory as your lordships have heard, or whether its + advocates met with an audience not easily to be convinced, it is plain + that they seem to have acted upon very different principles, and I + wish their policy had not been so strongly justified by its success. + By sending an army into Germany, my lords, when there were no forces + ready to oppose them, they reduced all the petty princes to immediate + submission, and obliged those to welcome them as friends, who would + gladly have united against them as the inveterate enemies of the whole + German body; and who, had they been firmly joined by their neighbours, + under a general sense of their common danger, would have easily raised + an army able to have repelled them. +</p> +<p> + This, my lords, was the effect of vigour, an effect very different + from that which we had an opportunity of experiencing as the + consequence of moderation; it was to no purpose that we endeavoured to + alarm mankind by remonstrances, and to procure assistance by + entreaties and solicitations; the universal panick was not to be + removed by advice and exhortations, and the queen of Hungary must have + sunk under the weight of a general combination against her, had we not + at last risen up in her defence, and with our swords in our hands, set + an example to the nations of Europe, of courage and generosity. +</p> +<p> + It then quickly appeared, my lords, how little is to be expected from + cold persuasion, and how necessary it is, that he who would engage + others in a task of difficulty, should show himself willing to partake + the labour which he recommends. No sooner had we declared our + resolution to fulfil our stipulations, and ordered our troops to march + for the relief of the queen of Hungary, than other princes discovered + that they had the same dispositions, though they had hitherto thought + it prudent to conceal them; that they, equally with ourselves, hated + and feared the French; that they were desirous to repress their + insolence and oppose their conquests, and only waited for the motions + of some power who might stand at the head of the confederacy, and lead + them forwards against the common enemy. The liberal promises of + dominion made by the French, by which the sovereigns of Germany had + been tempted to concur in a design which they thought themselves + unable to oppose, were now no longer regarded; they were considered + only as the boasts of imaginary greatness, which would at last vanish + into air; and every one knew, that the ultimate design of Europe was + to oppress equally her enemies and friends; they wisely despised her + offers, and either desisted from the designs to which they had been + incited by her, or declared themselves ready to unite against her. +</p> +<p> + This, my lords, has been the consequence of assembling the army, + which, by the motion now under our consideration, some of your + lordships seem desirous to disband, an inclination of which I cannot + discover from whence it can arise. +</p> +<p> + For what, my lords, must be the consequence, if this motion should be + complied with? what but the total destruction of the whole system of + power which has been so laboriously formed and so strongly compacted? + what but the immediate ruin of the house of Austria, by which the + French ambition has been so long restrained? what but the subversion + of the liberties of Germany, and the erection of an universal empire, + to which all the nations of the earth must become vassals? +</p> +<p> + Should the auxiliary troops be disbanded, the queen of Hungary would + find what benefit she has received from them by the calamities which + the loss of them would immediately bring upon her. All the claims of + all the neighbouring princes, who are now awed into peace and silence, + would be revived, and every one would again believe, that nothing was + to be hoped or feared but from France. The French would again rush + forward to new invasions, and spread desolation over other countries, + and the house of Austria would be more weakened than by the loss of + many battles in its present state. +</p> +<p> + The support of the house of Austria appears not, indeed, much to + engage the attention of those by whom this motion is supported. It has + been represented as a house equally ambitious and perfidious with that + of Bourbon, and equally an enemy both to liberty and to true religion; + and a very celebrated author has been quoted to prove, that it is the + interest of the Germans themselves to see a prince at their head, + whose hereditary dominions may not incite him to exert the imperial + power to the disadvantage of the inferiour sovereigns. +</p> +<p> + In order to the consideration of these objections, it is necessary to + observe, my lords, that national alliances are not like leagues of + friendship, the consequences of an agreement of disposition, opinions, + and affections, but like associations of commerce, formed and + continued by no similitude of any thing but interest. It is not, + therefore, necessary to inquire what the house of Austria has deserved + from us or from mankind; because interest, not gratitude, engages us + to support it. It is useless to urge, that it is equally faithless and + cruel with the house of Bourbon, because the question is not whether + both shall be destroyed, but whether one should rage without control. + It is sufficient for us that their interest is opposite, and that + religion and liberty may be preserved by their mutual jealousy. And I + confess, my lords, that were the Austrians about to attain unlimited + power by the conquest or inheritance of France and Spain, it would be + no less proper to form confederacies against them. +</p> +<p> + The testimony which has been produced of the convenience of a weak + emperour, is to be considered, my lords, as the opinion of an author + whose birth and employment had tainted him with an inveterate hatred + of the house of Austria, and filled his imagination with an habitual + dread of the imperial power. He was born, my lords, in Sweden, a + country which had suffered much by a long war against the emperour; he + was a minister to the electors of Brandenburgh, who naturally looked + with envy on the superiority of Austria, and could not but wish to see + a weaker prince upon the imperial throne, that their own influence + might be greater; nor can we wonder, that a man thus born and thus + supported should adopt an opinion by which the pride of his master + would be flattered, and perhaps the interest of his own country + promoted. +</p> +<p> + It is likewise, my lords, to be remarked, that there was then no such + necessity for a powerful prince to stand at the head of the Germans, + and to defend them with his own forces till they could unite for their + own preservation. The power of France had not then arrived at its + present height, nor had their monarchs openly threatened to enslave + all the nations of Europe. The princes of the empire had then no + oppression to fear, but from the emperour; and it was no wonder, that + when he was their only enemy, they wished that his power was reduced. +</p> +<p> + How much the state of the continent is now changed, is not necessary + to mention, nor what alteration that change has introduced into the + politicks of all nations; those who formerly dreaded to be overwhelmed + by the imperial greatness, can now only hope to be secured by it from + the torrent of the power of France; and even those nations who have + formerly endeavoured the destruction of Austria, may now rejoice, that + they are sheltered by its interposition from tyrants more active and + more oppressive. +</p> +<p> + But, my lords, though it should be granted that the house of Austria + ought not to be supported, it will not, in my opinion, follow, that + this motion deserves our approbation; because it will reduce us to a + state of imbecility, and condemn us to stand as passive spectators of + the disturbances of the world, without power and without influence, + ready to admit the tyrant to whom chance shall allot us, and receive + those laws which the prevailing power shall vouchsafe to transmit. +</p> +<p> + Whether we ought to support the house of Austria, to prevent its utter + subversion, or restore it to its former greatness, whatever may be my + private opinion, I think it not on this occasion necessary to assert; + it is sufficient to induce us to reject this motion, that we ought to + be at least in a condition that may enable us to improve those + opportunities that may be offered, and to hinder the execution of any + design that may threaten immediate danger to our commerce or our + liberty. +</p> +<p> + Another popular topick, my lords, which has been echoed on the present + occasion, is the happiness of peace, and the blessing of uninterrupted + commerce and undisturbed security. We are perpetually told of the + hazards of war, whatever may be the superiority of our skill or + courage; of the certainty of the expenses, the bloodshed, and the + hardships, and doubtfulness of the advantages which we may hope from + them; and it is daily urged with great vehemence, that peace upon the + hardest conditions is preferable to the honour of conquests, and the + festivity of triumphs. +</p> +<p> + These maxims, my lords, which are generally true in the sense which + their authors intended, may be very properly urged against the wild + designs of ambition, and the romantick undertakings of wanton + greatness; but have no place in the present inquiry, which relates to + a war not made by caprice, but forced upon us by necessity; a war to + which all the encomiums on peace, must in reality incite, because + peace alone is the end intended to be obtained by it. +</p> +<p> + Of the necessity of peace to a trading nation it is not possible, my + lords, to be ignorant; and therefore no man can be imagined to propose + a state of war as eligible in itself. War, my lords, is, in my + opinion, only to be chosen, when peace can be no longer enjoyed, and + to be continued only till a peace secure and equitable can be + attained. In the present state of the world, my lords, we fight not + for laurels, nor conquests, but for existence. Should the arms of + France prevail, and prevail they must, unless we oppose them, the + Britons may, in a short time, no longer be a nation, our liberties + will be taken away, our constitution destroyed, our religion + persecuted, and perhaps our name abolished. +</p> +<p> + For the prevention of calamities like these, not for the preservation + of the house of Austria, it is necessary, my lords, to collect an + army; for by an army only can our liberties be preserved, and such a + peace obtained, as may be enjoyed without the imputation of supineness + and stupidity. +</p> +<p> + Of this the other house appears to be sufficiently convinced, and has + therefore granted money for the support of the auxiliary troops; nor + do I doubt but your lordships will concur with them, when you shall + fully consider the motives upon which they may be supposed to have + proceeded, and reflect, that by dismissing these troops, we shall + sacrifice to the ambition of the French, the house of Austria, the + liberties of Europe, our own happiness, and that of our posterity; and + that, by resolving to exert our forces for a short time, we may place + the happiness of mankind beyond the reach of attacks and violation. +</p> +<p> + Lord CARTERET replied to the following effect:—My lords, the + considerations which were laid before you by the noble lords who made + and seconded the motion, are so important in themselves, and have been + urged with so much force and judgment, that I shall not endeavour to + add any new arguments; since, where those fail which have been already + offered, it is not likely that any will be effectual: but I shall + endeavour to preserve them in their full force by removing the + objections which have been made to them. +</p> +<p> + The first consideration that claims our attention is the reverence due + to the senate, to the great council of the nation, which ought always + to be consulted when any important design is formed, or any new + measures adopted; especially if they are such as cannot be defeated by + being made publick, and such as an uncommon degree of expense is + necessary to support. +</p> +<p> + These principles, my lords, which I suppose no man will contest, have + been so little regarded by the ministry on the present occasion, that + they seem to have endeavoured to discover, by a bold experiment, to + what degree of servility senates may be reduced, and what insults they + will be taught to bear without resentment; for they have, without the + least previous hint of their design, made a contract for a very + numerous body of mercenaries, nor did they condescend to inform the + senate, till they asked for money to pay them. +</p> +<p> + To execute measures first, and then to require the approbation of the + senate, instead of advice, is surely such a degree of contempt as has + not often been shown in the most arbitrary reigns, and such as would + once have provoked such indignation in the other house, that there + would have been no need in this of a motion like the present. +</p> +<p> + But, my lords, in proportion as the other house seems inclined to pay + an implicit submission to the dictates of the ministry, it is our duty + to increase our vigilance, and to convince our fellow-subjects, by a + steady opposition to all encroachments, that we are not, as we have + been sometimes styled, an useless assembly, but the last resort of + liberty, and the chief support of the constitution. +</p> +<p> + The present design of those, who have thus dared to trample upon our + privileges, appears to be nothing less than that of reducing the + senates of Britain to the same abject slavery with those of France; to + show the people that we are to be considered only as their agents, to + raise the supplies which they shall be pleased, under whatever + pretences, to demand, and to register such determinations as they + shall condescend to lay before us. +</p> +<p> + This invasion of our rights, my lords, is too flagrant to be borne, + though were the measures which we are thus tyrannically, required to + support, really conducive in themselves to the interest of Britain, + which, indeed, might reasonably have been expected; for what head can + be imagined so ill formed for politicks as not to know, that the first + acts of arbitrary power ought to be in themselves popular, that the + advantage of the effect may be a balance to the means by which it is + produced. +</p> +<p> + But these wonderful politicians, my lords, have heaped one blunder + upon another; they have disgusted the nation both by the means and the + end; and have insulted the senate with no other view than that of + plundering the people. They have ventured, without the consent of the + senate, to pursue measures, of which it is obvious that they were + only kept secret because they easily foresaw that they would not be + approved. +</p> +<p> + For that the hire of mercenaries from Hanover, my lords, would have + been rejected with general indignation; that the proposal would have + produced hisses rather than censures; and that the arguments which + have been hitherto used to support it, would, if personal regards did + not make them of some importance, produce laughter oftener than + replies, cannot surely be doubted. +</p> +<p> + It has been said in vindication of this wise scheme, that no other + troops could be obtained but those of Hanover; an assertion which I + hope I may be allowed to examine, because it is yet a bare assertion + without argument, and against probability; since it is generally + known, how willingly the princes of Germany have on all former + occasions sent out their subjects to destruction, that they might fill + their coffers with their pay; nor do I doubt, but that there is now in + the same country the usual superabundance of men, and the usual + scarcity of money. I make no question, my lords, that many a German + prince would gladly furnish us with men as a very cheap commodity, and + think himself sufficiently rewarded by a small subsidy. There could be + no objection to these troops from the constitution of the empire, + which is not of equal force against the forces of Hanover; nor do I + know why they should not rather have been employed, if they could have + been obtained at a cheaper price. +</p> +<p> + The absurdity of paying levy-money for troops regularly kept up, and + of hiring them at a higher rate than was ever paid for auxiliaries + before, has been so strongly urged, and so fully explained, that no + reply has been attempted by those who have hitherto opposed the + motion; having rather endeavoured to divert our attention to foreign + considerations, than to vindicate this part of the contract, which is, + indeed, too shameful to be palliated, and too gross to be overlooked. +</p> +<p> + It is, however, proper to repeat, my lords, that though it cannot be + confuted, it may be forgotten in the multitude of other objects, that + this nation, after having exalted the elector of Hanover from a state + of obscurity to the crown, is condemned to hire the troops of Hanover + to fight their own cause, to hire them at a rate which was never + demanded for them before, and to pay levy-money for them, though it is + known to all Europe, that they were not raised on this occasion. +</p> +<p> + Nor is this the only hardship or folly of this contract; for we are to + pay them a month before they march into our service; we are to pay + those for doing nothing, of whom it might have been, without any + unreasonable expectations, hoped, that they would have exerted their + utmost force without pay. +</p> +<p> + For it is apparent, my lords, that if the designs of France be such as + the noble lords who oppose the motion represent them, Hanover is much + nearer to danger than Britain; and, therefore, they only fight for + their own preservation; since, though they have for a single year been + blessed with a neutrality, it cannot be imagined, that the same favour + will be always granted them, or that the French, when they have + overrun all the rest of Germany, will not annex Hanover to their other + dominions. +</p> +<p> + Besides, my lords, it is well known, that Hanover is equally engaged + by treaty with Britain to maintain the Pragmatick sanction, and that a + certain proportion of troops are to be furnished. But, my lords, as to + the march of that body of forces, I have yet heard no account. Will + any lord say that they have marched? I, therefore, suppose, that the + wisdom and justice of our ministers has comprehended them in the + sixteen thousand who are to fatten upon British pay, and that Hanover + will support the Pragmatick sanction at the cost of this inexhaustible + nation. +</p> +<p> + The service which those troops have already done to the common cause, + has been urged with great pomp of exaggeration, of which what effect + it may have had upon others, I am not able to say; for my part, I am + convinced, that the great happiness of this kingdom is the security of + the established succession; and am, therefore, always of opinion, that + no measures can serve the common cause, the cause of liberty, or of + religion, or of general happiness, by which the royal family loses the + affections of the people. And I can with great confidence affirm, that + no attempt for many years has raised a greater heat of resentment, or + excited louder clamours of indignation, than the hire of Hanoverian + troops; nor is this discontent raised only by artful misrepresentations, + formed to inflame the passions, and perplex the understanding; it is a + settled and rational dislike, which every day contributes to confirm, + which will make all the measures of the government suspected, and may + in time, if not obviated, break out in sedition. +</p> +<p> + A jealousy of Hanover has, indeed, for a long time prevailed in the + nation. The frequent visits of our kings to their electoral dominions, + contrary to the original terms on which this crown was conferred upon + them, have inclined the people of Britain to suspect, that they have + only the second place in the affection of their sovereign; nor has + this suspicion been made less by the large accessions made to those + dominions by purchases, which the electors never appeared able to make + before their exaltation to the throne of Britain, and by some measures + which have been apparently taken only to aggrandize Hanover at the + expense of Britain. +</p> +<p> + These measures, my lords, I am very far from imputing to our sovereign + or his father; the wisdom of both is so well known, that they cannot + be imagined to have incurred, either by contempt or negligence, the + disaffection of their subjects. Those, my lords, are only to be + blamed, who concealed from them the sentiments of the nation, and for + the sake of promoting their own interest, betrayed them, by the most + detestable and pernicious flattery, into measures which could produce + no other effect than that of making their reign unquiet, and of + exasperating those who had concurred with the warmest zeal in + supporting them on the throne. +</p> +<p> + It is not without an uncommon degree of grief, that I hear it urged in + defence of this contract, that it was approved by a very numerous + council; for what can produce more sorrow in an honest and a loyal + breast, than to find that our sovereign is surrounded by counsellors, + who either do not know the desires and opinions of the people, or do + not regard them; who are either so negligent as not to examine how the + affections of the nation may be best preserved, or so rash as to + pursue those schemes by which they hope to gratify the king at + whatever hazard, and who for the sake of flattering him for a day, + will risk the safety of his government, and the repose of his life. +</p> +<p> + It has, with regard to these troops, been asked by the noble lord who + spoke last, what is the intent of this motion but to disband them? + What else, indeed, can be intended by it, and what intention can be + more worthy of this august assembly? By a steady pursuit of this + intention, my lords, we shall regain the esteem of the nation, which + this daring invasion of our privileges may be easily supposed to have + impaired. We shall give our sovereign an opportunity, by a gracious + condescension to our desires, to recover those affections of which the + pernicious advice of flatterers has deprived him; we shall obviate a + precedent which threatens destruction to our liberties, and shall set + the nation free from an universal alarm. Nor in our present state is + it to be mentioned as a trifling consideration, that we shall hinder + the wealth of the nation from being ravished from our merchants, our + farmers, and our manufacturers, to be squandered upon foreigners, and + foreigners from whom we can hope for no advantage. +</p> +<p> + But it may be asked, my lords, how the great cause of liberty is to be + supported, how the house of Austria is to be preserved from ruin, and + how the ambition of France is to be repressed? How all this is to be + effected, my lords, I am very far from conceiving myself qualified to + determine; but surely it will be very little hindered by the + dismission of troops, whose allegiance obliges them not to fight + against the emperour, and of whom, therefore, it does not easily + appear how they can be very useful allies to the queen of Hungary. +</p> +<p> + But whatever service is expected from them, it may surely, my lords, + be performed by the same number of British troops; and that number may + be sent to supply their place, without either delay or difficulty; I + will venture to say, without any hazard. If it be objected, as it has + often been, that by sending out our troops, we shall leave our country + naked to invasion, I hope I may be allowed to ask, who will invade us? + The French are well known to be the only people whom we can suspect of + any such design. They have no fleet on this side of their kingdom, and + their ships in the Mediterranean are blocked up in the harbour by the + navies of Britain. We shall still have at home a body of seven + thousand men, which was thought a sufficient security in the late war, + when the French had a fleet equal to our own. Why we should now be in + more danger from without, I cannot discover; and with regard to + intestine commotions, they will be prevented by compliance with the + present motion. For nothing can incite the people of Britain to oppose + those who have openly dismissed the troops of Hanover. +</p> +<p> + But, my lords, I am not yet at all convinced, that the end for which + those troops are said to be hired, ought to be pursued, or can be + attained by us; and if the end be in itself improper or impossible, it + certainly follows, that the means ought to be laid aside. +</p> +<p> + If we consider the present state of the continent, we shall find no + prospect by which we can be encouraged to hazard our forces or our + money. The king of Sardinia has, indeed, declared for us, and opposed + the passage of the Spaniards; but he appears either to be deficient in + courage, or in prudence, or in force; for instead of giving battle on + his frontiers, he has suffered them, with very little resistance, to + invade his territories, to plunder and insult his subjects, and to + live at his expense; and it may be suspected, that if he cannot drive + them out of his country, he will in time be content to purchase their + departure, by granting them a passage through it, and rather give up + the dominions of his ally to be ravaged, than preserve them at the + expense of his own. +</p> +<p> + If we turn our eyes towards the Dutch, we shall not be more encouraged + to engage in the wars on the continent; for whatever has been asserted + of their readiness to proceed in conjunction with us, they appear + hitherto to behold, with the most supine tranquillity, the subversion + of the German system, and to be satisfied with an undisturbed + enjoyment of their riches and their trade. Nor is there any + appearance, my lords, that their concurrence is withheld only by a + single town, as has been insinuated; for the vote of any single town, + except Amsterdam, may be overruled, and the resolution has passed the + necessary form, when it is opposed by only one voice. +</p> +<p> + If we take a view, my lords, of their late conduct, without suffering + our desires to mislead our understandings, we shall find no reason for + imagining, that they propose any sudden alteration of their conduct, + which has been hitherto consistent and steady, and appears to arise + from established principles, which nothing has lately happened to + incline them to forsake. +</p> +<p> + When they were solicited to become, like us, the guarantees of + Hanover, they made no scruple of returning, with whatever + unpoliteness, an absolute refusal; nor could they be prevailed upon to + grant, what we appear to think that we were honoured in being admitted + to bestow. When they were called upon to fulfil their stipulation, and + support the Pragmatick sanction, they evaded their own contract, till + all assistance would have been too late, had not a lucky discovery of + the French perfidy separated the king of Prussia from them; and what + reason, my lords, can be given, why they should now do what they + refused, when it might have been much more safely and more easily + effected? Did they suffer the queen of Hungary to be oppressed, only + to show their own power and affluence by relieving her? or can it be + imagined, that pity has prevailed over policy or cowardice? They, who + in contempt of their own treaties refused to engage in a cause while + it was yet doubtful, will certainly think themselves justified in + abandoning it when it is lost, and will urge, that no treaty can + oblige them to act like madmen, or to undertake impossibilities. +</p> +<p> + I am, therefore, convinced, my lords, that they will not enter into an + offensive treaty, and that they have only engaged to do what their own + interest required from them, without any new stipulation, to preserve + their own country from invasion by sending garrisons into the frontier + towns, which they may do without any offence to France, or any + interruption of their own tranquillity. +</p> +<p> + Many other treaties have been mentioned, my lords, and mentioned with + great ostentation, as the effects of consummate policy, which will, I + suspect, appear to be at least only defensive treaties, by which the + contracting powers promise little more than to take care of + themselves. +</p> +<p> + In this state of the world, my lords, when all the powers of the + continent appear benumbed by a lethargy, or shackled by a panick, to + what purpose should we lavish, in hiring and transporting troops, that + wealth which contests of nearer importance immediately require? +</p> +<p> + It is well known to our merchants, whose ships are every day seized by + privateers, that we are at war with Spain, and that our commerce is + every day impaired by the depredations of an enemy, whom only our own + negligence enables to resist us; but I doubt, my lords, whether it is + known in Spain, that their monarch is at war with Britain, otherwise + than by the riches of our nation, which are distributed among their + privateers, and the prisoners who in the towns on the coast are + wandering in the streets. For I know no inconvenience which they can + be supposed to feel from our hostilities, nor in what part of the + world the war against them is carried on. Before the war was declared, + it is well remembered by whom, and with how great vehemence, it was + every day repeated, that to end the war with honour we ought to <i>take + and hold</i>. What, my lords, do we <i>hold</i>, or what have we <i>taken</i>? What + has the war produced in its whole course from one year to another, but + defeats, losses, and ignominy? And how shall we regain our honour, or + retrieve our wealth, by engaging in another war more dangerous but + less necessary? We ought surely to humble Spain, before we presume to + attack France; and we may attack France with better prospects of + success, when we have no other enemy to divert our attention, or + divide our forces. +</p> +<p> + That we ought, indeed, to make any attempt upon France, I am far from + being convinced, because I do not now discover, that any of the + motives subsist which engaged us in the last confederacy. The house of + Austria, though overborne and distressed, was then powerful in itself, + and possessed of the imperial crown. It is now reduced almost below + the hopes of recovery, and we are therefore now to restore what we + were then only to support. But what, my lords, is in my opinion much + more to be considered, the nation was then unanimous in one general + resolution to repress the insolence of France; no hardships were + insupportable that conduced to this great end, nor any taxes grievous + that were applied to the support of the war. The account of a victory + was esteemed as an equivalent to excises and to publick debts; and the + possessions of us and our posterity were cheerfully mortgaged to + purchase a triumph over the common enemy. But, my lords, the + disposition of the nation with regard to the present war is very + different. They discover no danger threatening them, they are neither + invaded in their possessions by the armies, nor interrupted in their + commerce by the fleets of France; and therefore they are not able to + find out why they must be sacrificed to an enemy, by whom they have + been long pursued with the most implacable hatred, for the sake of + attacking a power from which they have hitherto felt no injury, and + which they believe cannot be provoked without danger, nor opposed + without such a profusion of expense as the publick is at present not + able to bear. +</p> +<p> + It is not to be supposed, my lords, that the bulk of the British + people are affected with the distresses, or inflamed by the + magnanimity of the queen of Hungary. This illustrious daughter of + Austria, whose name has been so often echoed in these walls, and of + whom I am far from denying, that she deserves our admiration, our + compassion, and all the assistance which can be given her, + consistently with the regard due to the safety of our own country, is + to the greatest part of the people an imaginary princess, whose + sufferings or whose virtues make no other impression upon them, than + those which are recorded in fictitious narratives; nor can they easily + be persuaded to give up for her relief the produce of their lands, or + the profits of their commerce. +</p> +<p> + Some, indeed, there are, my lords, whose views are more extensive, and + whose sentiments are more exalted; for it is not to be supposed, that + either knowledge or generosity are confined to the senate or the + court: but these, my lords, though they perhaps may more readily + approve the end which the ministry pretends to pursue, are less + satisfied with the means by which they endeavour to attain it. By + these men it is easily discovered, that the hopes which some so + confidently express of prevailing upon the Dutch to unite with us for + the support of the Pragmatick sanction, are without foundation; they + see that their consent to place garrisons in the frontier towns, + however it may furnish a subject of exultation to those whose interest + it is to represent them as ready to concur with us, is only a new + proof of what was never doubted, their unvariable attention to their + own interest, since they must for their own security preserve their + own barrier from being seized by France. By this act they incur no new + expense, they provoke no enemies, nor give any assistance to the queen + of Hungary, by which they can raise either resentment in one part, or + gratitude in the other; and therefore it is not hard to perceive that, + whatever is pretended, the Dutch hitherto observe the most exact laws + of neutrality; and it is too evident, that if they refuse their + assistance, we have very little to hope from a war with France. +</p> +<p> + Nor is this the only objection against the present measures; for it is + generally, and not without sufficient reason suspected, that the real + assistance of the queen of Hungary is not intended, since the troops + which have been hired under that pretence, are such as cannot march + against the emperour. It is known, that the Hessians have absolutely + refused to infringe the constitution of the German body, by attacking + him who is by a legal grant acknowledged its head; nor is it easy to + conceive, why there should be a different law for Hanover than for the + other electorates. +</p> +<p> + The long stay of the troops in Flanders, a place where there is no + enemy to encounter, nor ally to assist, is a sufficient proof that + there is nothing more designed than that the troops of Hanover shall + loiter on the verge of war, and receive their pay for feasting in + their quarters, and showing their arms at a review; and that they in + reality design nothing but to return home with full pockets, and enjoy + the spoils of Britain. +</p> +<p> + There may, indeed, be another reason, my lords, which hinders the + progress of the united forces, and by which the Britons and + Hanoverians may be both affected, though not both in the same degree. + It is by no means unlikely, that the king of Prussia has forbidden + them to advance, and declared, that the king who was chosen by his + suffrage shall be supported by his arms; if this be his resolution, he + is well known to want neither spirit nor strength to avow and support + it; and there are reasons sufficient to convince us, that he has + declared it, and that our troops are now patiently waiting the event + of a negotiation by which we are endeavouring to persuade him to alter + his design, if, indeed, it be desired that he should alter it; for it + is not certain, that the elector of Hanover can desire the restoration + of the house of Austria to an hereditary enjoyment of the imperial + dignity; nor can it easily be shown why the politicks of one house, + should differ from those of all the other princes of the German + empire. +</p> +<p> + The other princes, my lords, have long wished for a king with whom + they might treat upon the level; a king who might owe his dignity only + to their votes, and who, therefore, would be willing to favour them in + gratitude for the benefit. They know, that the princes of the house of + Austria considered their advancement to the empire as the consequence + of their numerous forces and large dominions, and made use of their + exaltation only to tyrannise under the appearance of legal right, and + to oppress those as sovereigns, whom they would otherwise have + harassed as conquerors. +</p> +<p> + Before we can, therefore, hope for the concurrence of the princes of + the empire, we must inform them of our design, if any design has been + yet laid out. Is it your intention to restore the house of Austria to + the full enjoyment of its former greatness? This will certainly be + openly opposed by all those powers who are strong enough to make head + against it, and secretly obstructed by those, whose weakness makes + them afraid of publick declarations. Do you intend to support the + Pragmatick sanction? This can only be done by defeating the whole + power of France; and for this you must necessarily provide troops who + shall dare to act against the present king. So that it appears, my + lords, that we are attempting nothing, or attempting impossibilities; + that either we have no end in view, or that we have made use of an + absurd choice of means by which it cannot be attained. +</p> +<p> + Whatever be our design with regard to Germany, the war against Spain + is evidently neglected; and, indeed, one part of our conduct proves at + once, that we intend neither to assist the Austrians, nor to punish + the Spaniards; since we have in a great measure disabled ourselves + from either by the neutrality which captain Martin is said to have + granted, and by which we have allowed an asylum both to the troops of + Spain, which shall fly before the Austrians, and the privateers which + shall be chased by our ships in the Mediterranean. +</p> +<p> + I am, therefore, convinced, my lords, that our designs are not such as + they are represented, or that they will not be accomplished by the + measures taken. I am convinced in a particular manner, that the troops + of Hanover can be of no use, and that they will raise the resentment + of the nation, already overwhelmed with unnecessary burdens. I know, + likewise, that they have been taken into pay without the consent of + the senate, and am convinced, that if no other objection could be + raised, we ought not to ratify a treaty which the crown has made, + without laying it before us in the usual manner. I need not, + therefore, inform your lordships, that I think the motion now under + your consideration necessary and just; and that I hope, upon an + attentive examination of the reasons which have been offered, your + lordships will concur in it with that unanimity which evidence ought + to enforce, and that zeal which ought to be excited by publick danger. +</p> +<p> + To which the duke of NEWCASTLE made answer to the following + purport:—My lords, I know not by what imaginary appearances of + publick danger the noble lord is so much alarmed, nor what fears they + are which he endeavours with so much art and zeal to communicate to + this assembly. For my part, I can upon the most attentive survey of + our affairs, discover nothing to be feared but calumnies and + misrepresentations; and these I shall henceforward think more + formidable, since they have been able to impose upon an understanding + so penetrating as that of his lordship, and have prevailed upon him to + believe what is not only false, but without the appearance of truth, + and to believe it so firmly, as to assert it to your lordships. +</p> +<p> + One of the facts which he has thus implicitly received, and thus + publickly mentioned, is the neutrality supposed to have been granted + to the king of Sicily, from which he has amused himself and your + lordships with deducing very destructive consequences, that perhaps + need not to be allowed him, even upon supposition of the neutrality; + but which need not now be disputed, because no neutrality has been + granted. Captain Martin, when he treated with the king, very + cautiously declined any declarations of the intentions of the British + court on that particular, and confined himself to the subject of his + message, without giving any reason for hope, or despair of a + neutrality. So that if it shall be thought necessary, we are this hour + at liberty to declare war against the king of Sicily, and may pursue + the Spaniards with the same freedom on his coasts as on those of any + other power, and prohibit any assistance from being given by him to + their armies in Italy. +</p> +<p> + His lordship's notion of the interposition of the king of Prussia in + the king's favour, is another phantom raised by calumny to terrify + credulity; a phantom which will, I hope, be entirely dissipated, when + I have informed the house, that the whole suspicion is without + foundation, and that the king of Prussia has made no declaration of + any design to support the king, or of opposing us in the performance + of our treaties. This prince, my lords, however powerful, active, or + ambitious, appears to be satisfied with his acquisitions, and willing + to rest in an inoffensive neutrality. +</p> +<p> + Such, my lords, and so remote from truth are the representations which + the enemies of the government have with great zeal and industry + scattered over the nation, and by which they have endeavoured to + obviate those schemes which they would seem to favour; for by sinking + the nation to a despair of attaining those ends which they declare at + the same time necessary not only to our happiness, but to our + preservation, what do they less than tell us, that we must be content + to look unactive on the calamities that approach us, and prepare to be + crushed by that ruin which we cannot prevent? +</p> +<p> + From this cold dejection, my lords, arises that despair which so many + lords have expressed, of prevailing upon the Dutch to unite with us. + The determinations of that people are, indeed, always slow, and the + reason of their slowness has been already given; but I am informed, + that the general spirit which now reigns among them, is likely soon to + overrule the particular interests of single provinces, and can produce + letters by which it will appear, that had only one town opposed those + measures to which their concurrence is now solicited, it had been long + since overruled; for there want not among them men equally enamoured + of the magnanimity and firmness of the queen of Hungary, equally + zealous for the general good of mankind, equally zealous for the + liberties of Europe, and equally convinced of the perfidy, the + ambition, and the insolence of France, with any lord in this assembly. +</p> +<p> + These men, my lords, have long endeavoured to rouse their country from + the sloth of avarice, and the slumber of tranquillity, to a generous + and extensive regard for the universal happiness of mankind; and are + now labouring in the general assembly to communicate that ardour with + which they are themselves inflamed, and to excite that zeal for + publick faith, of which their superiour knowledge shows them the + necessity. +</p> +<p> + It has been, indeed, insinuated, that all their consultations tend + only to place garrisons in those towns from which the queen of Hungary + has withdrawn her forces; but this supposition, my lords, as it is + without any support from facts, is, likewise, without probability. For + to garrison the barrier towns requires no previous debates nor + deliberations; since it never was opposed even by those by whom the + assistance of the queen of Hungary has been most retarded. Nor have + even the deputies of Dort, whose obstinacy has been most remarkable, + denied the necessity of securing the confines of their country, by + possessing with their own troops those places which the Austrians are + obliged to forsake. Their present disputes, my lords, must be, + therefore, on some other question; and what question can be now before + them which can produce any difficulties, but that which regards the + support of the Pragmatick sanction? +</p> +<p> + If these deliberations should be so far influenced by the arrival of + the army in the pay of Britain, as to end in a resolution to send a + sufficient number of forces into Germany, it will not be denied, that + the troops which give occasion for this debate, have really been + useful to the common cause; nor will his majesty lose the affections + of any of his subjects, by the false accounts which have been spread + of an invidious preference given to the troops of Hanover. +</p> +<p> + That every government ought to endeavour to gain the esteem and + confidence of the people, I suppose we are all equally convinced; but + I, for my part, am very far from thinking that measures ought only to + be pursued or rejected, as they are immediately favoured or disliked + by the populace. For as they cannot know either the causes or the end + of publick transactions, they can judge only from fallacious + appearances, or the information of those whose interest it may perhaps + be to lead them away from the truth. That monarch will be most + certainly and most permanently popular, who steadily pursues the good + of his people, even in opposition to their own prejudices and + clamours; who disregards calumnies, which, though they may prevail for + a day, time will sufficiently confute, and slights objections which he + knows may be answered, and answered beyond reply. +</p> +<p> + Such, my lords, are the objections which have been hitherto raised + against the troops of Hanover, of which many arise from ignorance, and + many from prejudice; and some may be supposed to be made only for the + sake of giving way to invectives, and indulging a petulant inclination + of speaking contemptuously of Hanover. +</p> +<p> + With this view, my lords, it has been asked, why the Hanoverians are + preferred to all other nations? why they have been selected from all + other troops, to fight, against France, the cause of Europe? They were + chosen, my lords, because they were most easily to be procured. Of the + other nations from whom forces have usually been hired, some were + engaged in the care of protecting, or the design of extending their + own dominions, and others had no troops levied, nor could, therefore, + furnish them with speed enough for the exigence that demanded them. +</p> +<p> + It has been asked with an air of triumph, as a question to which no + answer could be given, why an equal number of Britons was not sent, + since their valour might be esteemed at least equal to that of + Hanoverians? I am far, my lords, from intending to diminish the + reputation of the British courage, or detract from that praise which + has been gained by such gallant enterprises, and preserved by a long + succession of dangers, and of victories; nor do I expect that any + nation will ever form a just claim to superiority. The reason, + therefore, my lords, for which the troops of Hanover were hired, was + not that the bravery of our countrymen was doubted, but that the + transportation of such numbers might leave us naked to the insults of + an enemy. For though the noble lord has declared, that after having + sent sixteen thousand into Flanders, we should still have reserved for + our defence a body of seven thousand, equal to that to which the + protection of this kingdom was intrusted in the late war, his opinion + will upon examination be found to have arisen only from the + enumeration of the names of our regiments, many of which are far from + being complete, and some almost merely nominal; so that, perhaps, if a + body of sixteen thousand more had been sent, there would not have + remained a single regiment to have repelled the crew of any daring + privateer that should have landed to burn our villages, and ravage the + defenceless country. +</p> +<p> + It was desired, my lords, by the queen of Hungary, that a British army + might appear on the continent in her favour, for she knew the + reputation and terrour of our arms; and as her demand was equitable in + itself, and honourable to the nation, it was complied with; and as + many of our native troops were sent, as it was thought convenient to + spare, the rest were necessarily to be hired; and it is the business + of those lords who defend the motion, to show from whence they could + be called more properly than from Hanover. +</p> +<p> + It has been urged with great warmth, that the contract made for these + troops has not been laid before the senate, a charge which the noble + lord who spoke last but one, has shown to be ill grounded; because the + former determinations of the senate enabled the crown to garrison the + frontier towns without any new deliberations, but which may be, + perhaps, more satisfactorily confuted by showing, that it is an + accusation of neglecting that which was in reality not possible to be + performed, or which at least could not be performed without subjecting + the government to imputations yet more dangerous than those which it + now suffers. +</p> +<p> + The accounts, my lords, by which the ministry were determined to send + the army into Flanders, arrived only fifteen days before the recess of + the senate; nor was the resolution formed, as it may easily be + imagined, till several days after; so that there was very little time + for senatorial deliberations, nor was it, perhaps, convenient to + publish at that time the whole scheme of our designs. +</p> +<p> + But let us suppose, my lords, that the senate had, a few days before + they rose, been consulted, and that a vote of credit had been required + to enable the crown to hire forces during the interval of the + sessions, what would those by whom this motion is supported have urged + against it? Would they not with great appearance of reason have + alleged the impropriety of such an application to the thin remains of + a senate, from which almost all those had retired, whom their + employments did not retain in the neighbourhood of the court? Would it + not have been echoed from one corner of these kingdoms to another, + that the ministry had betrayed their country by a contract which they + durst not lay before a full senate, and of which they would trust the + examination only to those whom they had hired to approve it. Would not + this have been generally asserted, and generally believed? Would not + those who distinguished themselves as the opponents of the court, have + urged, that the king ought to exert his prerogative, and trust the + equity of the senate for the approbation of his measures, and the + payment of the troops which he had retained for the support of the + common cause, the cause for which so much zeal had been expressed, and + for which it could not with justice be suspected, that any reasonable + demands would be denied? Would not the solicitation of a grant of + power without limits, to be exerted wholly at the discretion of the + ministry, be censured as a precedent of the utmost danger, which it + was the business of every man to oppose, who had not lost all regard + to the constitution of his country? +</p> +<p> + These insinuations, my lords, were foreseen and allowed by the + ministry to be specious, and, therefore, they determined to avoid them + by pursuing their schemes at their own hazard, without any other + security than the consciousness of the rectitude of their own designs; + and to trust to the equity of the senate when they should be laid + before them, at a time when part of their effects might be discovered, + and when, therefore, no false representations could be used to mislead + their judgment. They knew the zeal of the commons for the great cause + of universal liberty; they knew that their measures had no other + tendency than the promotion of that cause, and, therefore, they + confidently formed those expectations which have not deceived them, + that the pay of the troops would be readily granted, and ordered them, + therefore, to march; though if the commons had disapproved their plan, + they must have returned into their own country, or have been supported + at the expense of the electorate. +</p> +<p> + The objections raised against these troops, have apparently had no + influence in the other house, because supplies have been granted for + their pay; and I believe they will, upon examination, be found by your + lordships not to deserve much regard. +</p> +<p> + It is asserted, that they cannot act against the emperour, established + and acknowledged by the diet, without subjecting their country to an + interdict; and it was, therefore, suspected, that they would in + reality be of no use. This suspicion, my lords, I suppose, it is now + not necessary to censure, since you have heard from his majesty, that + they are preparing to march; and as the consequences of their conduct + can only affect the electorate, its propriety or legality with regard + to the constitution of the empire, falls not properly under our + consideration. +</p> +<p> + How his majesty's measures may be defended, even in this view, I + suppose I need not inform any of this assembly. It is well known, that + the emperour was chosen not by the free consent of the diet, in which + every elector voted according to his own sense, but by a diet in which + one vote of the empire was suspended without any regard to law or + justice, and in which the rest were extorted by a French army, which + threatened immediate ruin to him who should refuse his consent. The + emperour thus chosen, was likewise afterwards recognised by the same + powers, upon the same motives, and the aid was granted as the votes + were given by the influence of the armies of France. +</p> +<p> + For this reason, my lords, the queen of Hungary still refuses to give + the elector of Bavaria the style and honours which belong to the + imperial dignity; she considers the throne as still vacant, and + requires that it should be filled by an uninfluenced election. +</p> +<p> + It has been observed, my lords, that his majesty gave his vote to the + elector of Bavaria; and it has been, therefore, represented as an + inconsistency in his conduct, that he should make war against him. + But, my lords, it will by no means follow, that because he voted for + him he thinks him lawfully elected, nor that it is unjust to + dispossess him; though it is to be observed, that we are not making + war to dethrone the emperour, however elected, but to support the + Pragmatick sanction. +</p> +<p> + This observation, though somewhat foreign from the present debate, I + have thought it not improper to lay before your lordships, that no + scruples might remain in the most delicate and scrupulous, and to show + that the measures of his majesty cannot be justly charged with + inconsistency. +</p> +<p> + But this, my lords, is not the only, nor the greatest benefit which + the queen of Hungary has received from these troops; for it is highly + probable, that the states will be induced to concur in the common + cause, when they find that they are not incited to a mock confederacy, + when they perceive that we really intend to act vigorously, that we + decline neither expense nor danger, and that a compliance with our + demands will not expose them to stand alone and unassisted against the + power of France, elated by success, and exasperated by opposition. +</p> +<p> + If this, my lords, should be the consequence of our measures, and this + consequence is, perhaps, not far distant, it will no longer be, I + hope, asserted, that these mercenaries are an useless burden to the + nation, that they are of no advantage to the common cause, or that the + people have been betrayed by the ministry into expenses, merely that + Hanover might be enriched. When the grand <i>confederacy</i> is once + revived, and revived by any universal conviction of the destructive + measures, the insatiable ambition, and the outrageous cruelty of the + French, what may not the friends of liberty presume to expect? May + they not hope, my lords, that those haughty troops which have been so + long employed in conquests and invasions, that have laid waste the + neighbouring countries with slaughters and devastations, will be soon + compelled to retire to their own frontiers, and be content to guard + the verge of their native provinces? May we not hope, that they will + soon be driven from their posts; that they will be forced to retreat + to a more defensible station, and admit the armies of their enemies + into their dominions; and that they will be pursued from fortress to + fortress, and from one intrenchment to another, till they shall be + reduced to petition for peace, and purchase it by the alienation of + part of their territories. +</p> +<p> + I hope, my lords, it may be yet safely asserted that the French, + however powerful, are not invincible; that their armies may be + destroyed, and their treasures exhausted; that they may, therefore, be + reduced to narrow limits, and disabled from being any longer the + disturbers of the peace of the universe. +</p> +<p> + It is well known, my lords, that their wealth is not the product of + their own country; that gold is not dug out of their mountains, or + rolled down their rivers; but that it is gained by an extensive and + successful commerce, carried on in many parts of the world, to the + diminution of our own. It is known, likewise, that trade cannot be + continued in war, without the protection of naval armaments; and that + our fleet is at present superiour in strength to those of the greatest + part of the universe united. It is, therefore, reasonably to be hoped, + that though by assisting the house of Austria we should provoke the + French to declare war against us, their hostilities would produce none + of those calamities which seem to be dreaded by part of this assembly; + and that such a confederacy might be formed as would be able to retort + all the machinations of France upon herself, as would tear her + provinces from her, and annex them to other sovereignties. +</p> +<p> + It has been urged, that no such success can be expected from the + conduct which we have lately pursued; that we, who are thus daring the + resentment of the most formidable power in the universe, have long + suffered ourselves to be insulted by an enemy of far inferiour force; + that we have been defeated in all our enterprises, and have at present + appeared to desist from any design of hostilities; that the Spaniards + scarcely perceive that they have an enemy, or feel, any of the + calamities or inconveniencies of war; and that they are every day + enriched with the plunder of Britain, without danger, and without + labour. +</p> +<p> + That the war against Spain has not hitherto been remarkably + successful, must be confessed; and though the Spaniards cannot boast + of any other advantages than the defence of their own dominions, yet + they may, perhaps, be somewhat elated, as they have been able to hold + out against an enemy superiour to themselves. But, my lords, I am far + from believing, that they consider the war against us as an advantage, + or that they do not lament it as one of the heaviest calamities that + could fall upon them. If it be asked, in what part of their dominions + they feel any effects of our hostility, I shall answer with great + confidence, that they feel them in every part which is exposed to the + evils of a naval war; that they are in pain wherever they are + sensible; that they are wounded wherever they are not sheltered from + our blows, by the interposition of the nations of the continent. +</p> +<p> + If we examine, my lords, the influence of our European armaments, we + shall find that their ships of war are shut up in the harbour of + France, and that the fleets of both nations are happily blocked up + together, so that they can neither extricate each other by concerted + motions, in which our attention might be distracted, and our force + divided, nor by their united force break through the bars by which + they are shut up from the use of the ocean. +</p> +<p> + But this, my lords, however important with respect to us, is perhaps + the smallest inconvenience which the Spaniards feel from our naval + superiority. They have an army, my lords, in Italy, exposed to all the + miseries of famine, while our fleet prohibits the transportation of + those provisions which have been stored in vessels for their supply, + and which must be probably soon made defenceless by the want of + ammunition, and fall into the hands of their enemies without the + honour of a battle. +</p> +<p> + But what to the pride of a Spaniard must be yet a more severe + affliction, they have on the same continent a natural confederate, who + is yet so intimidated by the British fleets, that he dares neither + afford them refuge in his dominions, nor send his troops to their + assistance. The queen, amidst all the schemes which her unbounded + ambition forms for the exaltation of her family, finds her own son, + after having received a kingdom from her kindness, restrained from + supporting her, and reduced to preserve those territories which she + has bestowed upon him, by abandoning her from whom he received them. +</p> +<p> + These, my lords, are the inconveniencies which the Spaniards feel from + our fleets in the Mediterranean; and even these, however embarrassing, + however depressing, are lighter than those which our American navy + produces. It is apparent, that money is equivalent to strength, a + proposition of which, if it could be doubted, the Spanish monarchy + would afford sufficient proof, as it has been for a long time + supported only by the power of riches. It is, therefore, impossible to + weaken Spain more speedily or more certainly, than by intercepting or + obstructing the annual supplies of gold and silver which she receives + from her American provinces, by which she was once enabled to threaten + slavery to all the neighbouring nations, and incited to begin, with + the subjection of this island, her mighty scheme of universal + monarchy, and by which she has still continued to exalt herself to an + equality with the most powerful nations, to erect new kingdoms, and + set at defiance the Austrian power. +</p> +<p> + These supplies, my lords, are now, if not wholly, yet in a great + measure, withheld; and by all the efforts which the Spaniards now + make, they are exhausting their vitals, and wasting the natural + strength of their native country. While they made war with + adventitious treasures, and only squandered one year what another + would repay them, it was not easy to foresee how long their pride + would incline them to hold out against superiour strength. While they + were only engaged in a naval war, they might have persisted for a long + time in a kind of passive obstinacy; and while they were engaged in no + foreign enterprises, might have supported that trade with each other + which is necessary for the support of life, upon the credit of those + treasures which are annually heaped up in their storehouses, though + they are not received; and by which, upon the termination of the war, + all their debts might at once be paid, and all their funds be + reestablished. +</p> +<p> + But at present, my lords, their condition is far different; they have + been tempted by the prospect of enlarging their dominions to raise + armies for distant expeditions, which must be supported in a foreign + country, and can be supported only by regular remittances of treasure, + and have formed these projects at a time when the means of pursuing + them are cut off. They have by one war increased their expenses, when + their receipts are obstructed by another. +</p> +<p> + In this state, my lords, I am certain the Spaniards are very far from + thinking the hostility of Britain merely nominal, and from inquiring + in what part of the world their enemies are to be found. The troops in + Italy see them sailing in triumph over the Mediterranean, intercepting + their provisions, and prohibiting those succours which they expected + from their confederate of Sicily. In Spain their taxes and their + poverty, poverty which every day increases, inform them that the seas + of America are possessed by the fleets of Britain, by whom their mines + are made useless, and their wealthy dominions reduced to an empty + sound. They may, indeed, comfort themselves in their distresses with + the advantages which their troops have gained over the king of + Sardinia, and with the entrance which they have forced into his + dominions; but this can afford them no long satisfaction, since they + will, probably, never be able to break through the passes at which + they have arrived, or to force their way into Italy; and must perish + at the feet of inaccessible rocks, where they are now supported at + such an expense that they are more burdensome to their own master than + to the king of Sardinia. +</p> +<p> + Of this prince, I know not why, it has been asserted that he will + probably violate his engagements to Britain and Austria; that he will + purchase peace by perfidy, and grant a passage to the army of Spain. + His conduct has certainly given, hitherto, no reason for such an + imputation; he has opposed them with fortitude, and vigour, and + address; nor has he failed in any of the duties required of a general + or an ally; he has exposed his person to the most urgent dangers, and + his dominions to the ravages of war; he has rejected all the + solicitations of France, and set her menaces at defiance; and surely, + my lords, if no private man ought to be censured without just reason, + even in familiar discourse, we ought still to be more cautious of + injuring the reputation of princes by publick reproaches in the solemn + debates of national assemblies. +</p> +<p> + The same licentiousness of speech has not, indeed, been extended to + all the princes mentioned in this debate. The emperour has been + treated with remarkable decency as the lawful sovereign of Germany, as + one who cannot be opposed without rebellion, and against whom we, + therefore, cannot expect that the troops of Hanover should presume to + act, since they must expose their country to the severities of the + imperial interdict. +</p> +<p> + The noble lords who have thus ardently asserted the rights of the + emperour, who have represented in such strong language the crime of + violating the German constitutions, and have commended the neutrality + of the king of Prussia, as proper to be imitated by all the rest of + the princes 'of the empire, have forgotten, or hoped that others Would + forget, the injustice and violence by which he exalted himself to the + throne, from which they appear to think it a sacrilegious attempt to + endeavour to thrust him down. They forget that one of the votes was + illegally suspended, and that the rest were extorted by the terrour of + an army. They forget that he invited the French into the empire, and + that he is guilty of all the ravages which have been committed and all + the blood that has been shed, since the death of the emperour, in the + defence of the Pragmatick sanction which he invaded, though ratified + by the solemn consent of the imperial diet. +</p> +<p> + In defence of the Pragmatick sanction, my lords, which all the princes + of the empire, except his majesty, saw violated without concern, are + we now required to exert our force; we are required only to perform + what we promised by the most solemn treaties, which, though they have + been broken by the cowardice or ambition of other powers, it will be + our greatest honour to observe with exemplary fidelity. +</p> +<p> + With this view, as your lordships have already been informed, the + Hanoverian troops will march into the empire; nor has their march been + hitherto delayed, either because there was yet no regular scheme + projected, or because they were obliged to wait for the permission of + the king of Prussia, or because they intended only to amuse Europe + with an empty show: they were detained, my lords, in Flanders, because + it was believed that they were more useful there than they would be in + any other place, because they at once encouraged the states, alarmed + the French, defended the Low Countries, and kept the communication + open between the queen's dominions and those of her allies. Nor were + these advantages, my lords, chimerical, and such as are only suggested + by a warm imagination; for it is evident that by keeping their station + in those countries they have changed the state of the war, that they + have protected the queen of Hungary from being oppressed by a new army + of French, and given her an opportunity of establishing herself in the + possession of Bavaria; that the French forces, instead of being sent + either to the assistance of the king of Spain against the king of + Sardinia, or of the emperour, for the recovery of those dominions + which he has lost by an implicit confidence in their alliance, have + been necessarily drawn down to the opposite extremity of their + dominions, where they are of no use either to their own country, or to + their confederates. The united troops of Britain and Hanover, + therefore, carried on the war, by living at ease in their quarters in + Flanders, more efficaciously than if they had marched immediately into + Bavaria or Bohemia. +</p> +<p> + Thus, my lords, I have endeavoured to show the justice of our designs, + and the usefulness of the measures by which we have endeavoured to + execute them; and doubt not but your lordships will, upon considering + the arguments which have been urged on either side, and those which + your own reflections will suggest, allow that it was not only just but + necessary to take into our pay the troops of Hanover, for the support + of the Pragmatick sanction, and the preservation of the house of + Austria; and that since the same reasons which induced the government + to hire them, still make it necessary to retain them, you will prefer + the general happiness of Europe, the observation of publick faith, and + the security of our own liberties and those of our posterity, to a + small alleviation of our present expenses, and unanimously reject a + motion, which has no other tendency than to resign the world into the + hands of the French, and purchase a short and dependant tranquillity + by the loss of all those blessings which make life desirable. +</p> +<p> + Lord LONSDALE spoke next to the following effect:—My lords, + notwithstanding the confidence with which the late measures of the + government have been defended by their authors, I am not yet set free + from the scruples which my own observations had raised, and which have + been strengthened by the assertions of those noble lords, who have + spoken in vindication of the motion. +</p> +<p> + Many of the objections which have been raised and enforced with all + the power of argument, have yet remained unanswered, or those answers + which have been offered are such as leave the argument in its full + strength. Many of the assertions which have been produced seem the + effects of hope rather than conviction, and we are rather told what we + are to hope from future measures, than what advantages we have + received from the past. +</p> +<p> + I am, indeed, one of those whom it will be difficult to convince of + the propriety of engaging in a new war, when we are unsuccessful in + that which we have already undertaken, and of provoking a more + powerful enemy, when all our attempts are baffled by a weaker; and + cannot yet set myself free from the apprehension of new defeats and + new disgraces from the arms of France, after having long seen how + little we are able to punish the insolence of Spain. I cannot but fear + that by an ill-timed and useless opposition to schemes which, however + destructive or unjust, we cannot obviate, we shall subject ourselves + to numberless calamities, that the ocean will be covered with new + fleets of privateers, that our commerce will be interrupted in every + part of the world, and that we shall only provoke France to seize what + she would at least have spared some time longer. +</p> +<p> + But, my lords, if it be granted, that the Pragmatick sanction is + obligatory to us, though it is violated by every other power; that we + should labour to reduce the powers of Europe to an equipoise, whenever + accident or folly produces any alteration of the balance; and that we + are now not to preserve the house of Austria from falling, but raise + it from the dust, and restore it to its ancient splendour, even at the + hazard of a war with that power which now gives laws to all the + western nations; yet it will not surely be asserted, that we ought to + be without limits, that we ought to preserve the house of Austria, not + only by the danger of our own country, but by its certain ruin, and + endeavour to avert the possibility of slavery, by subjecting ourselves + to miseries more severe than the utmost arrogance of conquest, or the + most cruel wantonness of tyranny, would inflict upon us. +</p> +<p> + I have observed, that many lords have expressed in this debate an + uncommon ardour for the support of the queen of Hungary; nor is it + without pleasure, that I see the most laudable of all motives, justice + and compassion, operate in this great assembly with so much force. May + your lordships always continue to stand the great advocates for + publick faith, and the patrons of true greatness in distress; may + magnanimity always gain your regard, and calamity find shelter under + your protection. +</p> +<p> + I, likewise, my lords, desire to be remembered among those who + reverence the virtues and pity the miseries of this illustrious + princess, who look with detestation on those who have invaded the + dominions which they had obliged themselves by solemn treaties to + defend, and who have taken advantage of the general confederacy + against her, to enrich themselves with her spoils, who have insulted + her distress and aggravated her misfortunes. +</p> +<p> + But, my lords, while I feel all these sentiments of compassion for the + queen of Hungary, I have not yet been able to forget, that my own + country claims a nearer regard; that I am obliged both by interest and + duty to preserve myself and my posterity, and my fellow-subjects, from + those miseries which I lament; when they happen to others, however + distant, I cannot but remember, that I am not to save another from + destruction by destroying myself, nor to rescue Austria by the ruin of + Britain. +</p> +<p> + Though I am, therefore, my lords, not unwilling to assist the queen of + Hungary, I think it necessary to fix the limits of our regard, to + inquire how far we may proceed with safety, and what expenses the + nation can bear, and how those expenses may be best employed. The + danger of the queen of Hungary ought not to have an effect which would + be reproachful, even if the danger was our own. It ought not so far to + engross our faculties as to hinder us from attending to every other + object. The man who runs into a greater evil to avoid a less, + evidently shows that he is defective either in prudence or in courage; + that either he wants the natural power of distinguishing, or that his + dread of an approaching, or his impatience of a present evil, has + taken it away. +</p> +<p> + Let us, therefore, examine, my lords, the measures with which those + who are intrusted with the administration of publick affairs, would + persuade us to concur, and inquire whether they are such as can be + approved by us without danger to our country. Let us consider, my + lords, yet more nearly, whether they are not such as we ourselves + could not be prevailed upon even to regard as the object of + deliberation, were we not dazzled on one part by glaring prospects of + triumphs and honours, of the reduction of France, and the rescue of + the world; of the propagation of liberty, and the defence of religion; + and intimidated on the other by the view of approaching calamities, + the cruelties of persecution, and the hardships of slavery. +</p> +<p> + All the arts of exaggeration, my lords, have been practised to + reconcile us to the measures which are now proposed, and, indeed, all + are necessary; for the expenses to which we are about to condemn this + nation, are such as it is not able to bear, and to which no lord in + this house would consent, were he calm enough to number the sums. +</p> +<p> + To prove the truth of this assertion, one question is necessary. Is + any lord in this assembly willing to assist the queen of Hungary at + the expense of sixteen hundred thousand a year? I think the universal + silence of this assembly is a sufficient proof, that no one is + willing; I will, however, repeat my question. Is any lord in this + assembly willing that this nation should assist the queen of Hungary + at the annual expense of sixteen hundred thousand pounds? The house + is, as I expected, still silent, and, therefore, I may now safely + proceed upon the supposition of an unanimous negative. Nor does any + thing remain in order to evince the impropriety of the measures which + we are about to pursue, but that every lord may reckon up the sum + required for the support of those troops. Let him take a view of our + military estimates, and he will quickly be convinced, how much we are + condemned to suffer in this cause. He will find, that we are about not + only to remit yearly into a foreign country more than a million and a + half of money, but to hazard the lives of multitudes of our + fellow-subjects, in a quarrel which at most affects us but remotely; + that we are about to incur as auxiliaries an expense greater than that + which the principals sustain. +</p> +<p> + The sum which I have mentioned, my lords, enormous as it may appear, + is by no means exaggerated beyond the truth. Whoever shall examine the + common military estimates, will easily be convinced, that the forces + which we now maintain upon the continent cannot be supported at less + expense; and that we are, therefore, about to exhaust our country in a + distant quarrel, and to lavish our blood and treasure with useless + profusion. +</p> +<p> + This profusion, my lords, is useless, at least useless to any other + end, than an ostentatious display of our forces, and our riches; not + because the balance of power is irrecoverably destroyed, not because + it is contrary to the natural interest of an island to engage in wars + on the continent, nor because we shall lose more by the diminution of + our commerce, than we shall gain by an annual victory. It is useless, + not because the power of France has by long negligence been suffered + to swell beyond all opposition, nor because the queen of Hungary ought + not to be assisted at the hazard of this kingdom, though all these + reasons are of importance enough to claim our consideration. It is + useless, my lords, because the queen of Hungary may be assisted more + powerfully, at less charge; because a third part of this sum will + enable her to raise, and to maintain, a greater body of men than have + now been sent her. +</p> +<p> + Nor will the troops which she may be thus enabled to raise, my lords, + be only more numerous, but more likely to prosecute the war with + ardour; and to conclude it, therefore, with success. They will fight + for the preservation of their own country, they will draw their swords + to defend their houses and their estates, their wives and their + children from the rage of tyrants and invaders; they will enter the + field as men who cannot leave it to their enemies, without resigning + all that makes life valuable; and who will, therefore, more willingly + die than turn their backs. +</p> +<p> + It may reasonably be imagined, my lords, that the queen will place + more confidence in such forces, than in troops which are to fight only + for honour or for pay; and that she will expect from the affection of + her own subjects, a degree of zeal and constancy which she cannot hope + to excite in foreigners; and that she will think herself more secure + in the protection of those whose fidelity she may secure by the + solemnity of an oath, than those who have no particular regard for her + person, nor any obligations to support her government. +</p> +<p> + It is no inconsiderable motive to this method of assisting our ally, + that we shall entirely take away from France all pretences of + hostilities or resentment, since we shall not attack her troops or + invade her frontiers, but only furnish the queen of Hungary with + money, without directing her how to apply it. I am far, my lords, from + being so much intimidated by the late increase of the French + greatness, as to imagine, that no limits can be set to their ambition. + I am far from despairing, that the queen of Hungary alone, supported + by us with pecuniary assistance, may be able to reduce them to + solicitations for peace by driving them out of her dominions, and + pursuing them into their own. But as the chance of war is always + uncertain, it is surely most prudent to choose such a conduct as may + exempt us from danger in all events; and since we are not certain of + conquering the French, it is, in my opinion, most eligible not to + provoke them, because we cannot be conquered without ruin. +</p> +<p> + This method is yet eligible on another account; by proceeding with + frugality, we shall gain time to observe the progress of the war, and + watch the appearance of any favourable opportunity, without exhausting + ourselves so far as to be made unable to improve them. +</p> +<p> + The time, my lords, at which we shall be thus exhausted, at which we + shall be reduced to an absolute inability to raise an army or equip a + fleet, is not at a great distance. If our late profusion be for a + short time continued, we shall quickly have drained the last remains + of the wealth of our country. We have long gone on from year to year, + raising taxes and contracting debts; and unless the riches of Britain + are absolutely unlimited, must in a short time reduce them to nothing. + Our expenses are not all, indeed, equally destructive; some, though + the method of raising them be vexatious and oppressive, do not much + impoverish the nation, because they are refunded by the extravagance + and luxury of those who are retained in the pay of the court; but + foreign wars threaten immediate destruction, since the money that is + spent in distant countries can never fall back into its former + channels, but is dissipated on the continent, and irrecoverably lost. +</p> +<p> + When this consideration is present to my mind, and, on this occasion, + no man who has any regard for himself or his posterity can omit it, I + cannot but think with horrour on a vote by which such prodigious sums + are wafted into another region: I cannot but tremble at the sound of a + tax for the support of a foreign war, and think a French army landed + on our coasts not much more to be dreaded than the annual payment to + which we appear now to be condemned, and from which nothing can + preserve us but the address which is now proposed. +</p> +<p> + By what arguments the commons were persuaded, or by what motives + incited to vote a supply for the support of this mercenary force, I + have not yet heard; nor, as a member of this house, my lords, was it + necessary for me to inquire. Their authority, though mentioned with so + much solemnity on this occasion, is to have no influence on our + determinations. If they are mistaken, it is more necessary for us to + inquire with uncommon caution. If they are corrupt, it is more + necessary for us to preserve our integrity. If we are to comply + blindly with their decisions, our knowledge and experience are of no + benefit to our country, we only waste time in useless solemnities, and + may be once more declared useless to the publick. +</p> +<p> + The commons, my lords, do not imagine themselves, nor are imagined by + the nation, to constitute the legislature. The people, when any + uncommon heat prevails in the other house, disturbs their debates, and + overrules their determinations, have been long accustomed to expect + redress and security from our calmer counsels; and have considered + this house as the place where reason and justice may be heard, when, + by clamour and uproar, they are driven from the other. On this + occasion, my lords, every Briton fixes his eye upon us, and every man + who has sagacity enough to discover the dismal approach of publick + poverty, now supplicates your lordships, by agreeing to this address, + to preserve him from it. +</p> +<p> + Then the SPEAKER spoke to the following purport:—My lords, having + very attentively observed the whole progress of this important debate, + and considered with the utmost impartiality the arguments which have + been made use of on each side, I cannot think the question before us + doubtful or difficult; and hope that I may promote a speedy decision + of it by recapitulating what has been already urged, that the debate + may be considered at one view, and by adding some observations which + have arisen to my own thoughts on this occasion. +</p> +<p> + At the first view of the question before us, in its present state, no + man can find any reasons for prejudice in favour of the address + proposed. This house is, indeed, yet divided, and many lords have + spoken on each side with great force and with great address; but the + authority of the other house, added to the numbers which have already + declared in this for the support of the foreign troops, is sufficient + to turn the balance, in the opinion of any man who contents himself to + judge by the first appearance of things; and must incline him to + imagine that position at least more probable, which is ratified by the + determination of one house, and yet undecided by the other. +</p> +<p> + I know, my lords, what may be objected to these observations on the + other house, and readily agree with the noble lord, that our + determinations ought not to be influenced by theirs. But on this + occasion, I introduce their decision not as the decrees of + legislators, but as the result of the consideration of wise men; and + in this sense it may be no less reasonable to quote the determination + of the commons, than to introduce the opinion of any private man whose + knowledge or experience give his opinion a claim to our regard. +</p> +<p> + Nor do I mention the weight of authority on one side as sufficient to + influence the private determination of any in this great assembly. It + is the privilege and the duty of every man, who possesses a seat in + the highest council of his country, to make use of his own eyes and + his own understanding, to reject those arguments of which he cannot + find the force, whatever effect they may have upon others, and to + discharge the great trust conferred upon him by consulting no + conscience but his own. +</p> +<p> + Yet, though we are by no means to suffer the determinations of other + men to repress our inquiries, we may certainly make use of them to + assist them; we may very properly, therefore, inquire the reasons that + induced the other house to approve those bills which are brought + before them, since it is not likely that their consent was obtained + without arguments, at least probable, though they are not to be by us + considered as conclusive upon their authority. The chief advantage + which the publick receives from a legislature formed of several + distinct powers, is, that all laws must pass through many + deliberations of assemblies independent on each other, of which, if + the one be agitated by faction or distracted by divisions, it may be + hoped that the other will be calm and united, and of which it can + hardly be feared that they can at any time concur in measures + apparently destructive to the commonwealth. +</p> +<p> + But these inquiries, my lords, however proper or necessary, are to be + made by us not in solemn assemblies but in our private characters; and + therefore I shall not now lay before your lordships what I have heard + from those whom I have consulted for the sake of obtaining information + on this important question, or shall at least not offer it as the + opinion of the commons, or pretend to add to it any influence + different from that of reason and truth. +</p> +<p> + The arguments which have been offered in this debate for the motion, + are, indeed, such as do not make any uncommon expedients necessary; + they will not drive the advocates for the late measures to seek a + refuge in authority instead of reason. They require, in my opinion, + only to be considered with a calm attention, and their force will + immediately be at an end. +</p> +<p> + The most plausible objection, my lords, is, that the measures to which + your approbation is now desired, were concerted and executed without + the concurrence of the senate; and it is, therefore, urged, that they + cannot now deserve our approbation, because it was not asked at the + proper time. +</p> +<p> + In order to answer this objection, my lords, it is necessary to + consider it more distinctly than those who made it appear to have + done, that we may not suffer ourselves to confound questions real and + personal, to mistake one object for another, or to be confounded by + different views. +</p> +<p> + That the consent of the senate was not asked, my lords, supposing it a + neglect, and a neglect of a criminal kind, of a tendency to weaken our + authority, and shake the foundations of our constitution, which is the + utmost that the most ardent imagination, or the most hyperbolical + rhetorick can utter or suggest, may be, indeed, a just reason for + invective against the ministers, but is of no force if urged against + the measures. To take auxiliaries into our pay may be right, though it + might be wrong to hire them without applying to the senate; as it is + proper to throw water upon a fire, though it was conveyed to the place + without the leave of those from whose well it was drawn, or over whose + ground it was carried. +</p> +<p> + If the liberties of Europe be really in danger, if our treaties oblige + us to assist the queen of Hungary against the invaders of her + dominions, if the ambition of France requires to be repressed, and the + powers of Germany to be animated against her by the certain prospect + of a vigorous support, I cannot discover the propriety of this motion, + even supposing that we have not found from the ministers all the + respect that we have a right to demand. As a lawful authority may do + wrong, so right may be sometimes done by an unlawful power; and + surely, though usurpation ought to be punished, the benefits which + have been procured by it, are not to be thrown away. We may retain the + troops that have been hired, if they are useful, though we should + censure the ministry for taking them into pay. +</p> +<p> + But the motion to which our concurrence is now required, is a motion + by which we are to punish ourselves for the crime of the ministers, by + which we are about to leave ourselves defenceless, because we have + been armed without our consent, and to resign up all our rights and + privileges to France, because we suspect that they have not been + sufficiently regarded on this occasion by our ministers. +</p> +<p> + Those noble lords who have dwelt with the greatest ardour on this + omission, have made no proposition for censuring those whom they + condemn as the authors of it, though this objection must terminate in + an inquiry into their conduct, and has no real relation to the true + question now before us, which is, whether the auxiliaries be of any + use? If they are useless, they ought to be discharged without any + other reason; if they are necessary, they ought to be retained, + whatever censure may fall upon the ministry. +</p> +<p> + I am, indeed, far from thinking, that when your lordships have + sufficiently examined the affair, you will think your privileges + invaded, or the publick trepanned by artifice into expensive measures; + since it will appear that the ministry in reality preferred the most + honest to the safest methods of proceeding, and chose rather to hazard + themselves, than to practice or appear to practice any fraud upon + their country. +</p> +<p> + When it was resolved in council to take the troops of Hanover into the + pay of Britain, a resolution which, as your lordships have already + been informed, was made only a few days before the senate rose, it was + natural to consider, whether the consent of the senate should not be + demanded; but when it appeared upon reflection, that to bring an + affair of so great importance before the last remnant of a house of + commons, after far the greater part had retired to the care of their + own affairs, would be suspected as fraudulent, and might give the + nation reason to fear, that such measures were intended as the + ministers were afraid of laying before a full senate. It was thought + more proper to defer the application to the next session, and to + venture upon the measures that were formed, upon a full conviction of + their necessity. +</p> +<p> + This conduct, my lords, was exactly conformable to the demands of + those by whom the court has hitherto been opposed, and who have + signalized themselves as the most watchful guardians of liberty. Among + these men, votes of credit have never been mentioned but with + detestation, as acts of implicit confidence, by which the riches of + the nation are thrown down at the feet of the ministry to be + squandered at pleasure. When it has been urged, that emergencies may + arise, during the recess of the senate, which may produce a necessity + of expenses, and that, therefore, some credit ought to be given which + may enable the crown to provide against accidents, it has been + answered, that the expenses which are incurred during the recess of + the senate, will be either necessary or not; that if they are + necessary, the ministry have no reason to distrust the approbation of + the senate, but if they are useless, they ought not to expect it. And + that, instead of desiring to be exempted from any subsequent censures, + and to be secured in exactions or prodigality by a previous vote, they + ought willingly to administer the publick affairs at their own hazard, + and await the judgment of the senate, when the time shall come, in + which their proceedings are laid before it. +</p> +<p> + Such have hitherto been the sentiments of the most zealous advocates + for the rights of the people; nor did I expect from any man who + desired to appear under that character, that he would censure the + ministry for having thrown themselves upon the judgment of the senate, + and neglected to secure themselves by any previous applications, for + having trusted in their own integrity, and exposed their conduct to an + open examination without subterfuges and without precautions. I did + not imagine, my lords, that a senate, upon whose decision all the + measures which have been taken, so apparently depend, would have been + styled a senate convened only to register the determinations of the + ministry; or that any of your lordships would think his privileges + diminished, because money was not demanded before the use of it was + fully known. If we lay aside, my lords, all inquiries into precedents, + and, without regard to any political considerations, examine this + affair only by the light of reason, it will surely appear that the + ministry could not, by any other method of proceeding, have shown + equal regard to the senate, or equal confidence in their justice and + their wisdom. Had they desired a vote of credit, it might have been + justly objected that they required to be trusted with the publick + money, without declaring, or being able to declare, how it was to be + employed; that either they questioned the wisdom or honesty of the + senate; and, therefore, durst undertake nothing till they were secure + of the supplies necessary for the execution of it. Had they informed + both houses of their whole scheme, they might have been still charged, + and charged with great appearance of justice, with having preferred + their own safety to that of the publick, and having rather discovered + their designs to the enemy, than trusted to the judgment of the + senate; nor could any excuse have been made for a conduct so contrary + to all the rules of war, but such as must have dis-honoured either the + ministers or the senate, such as must have implied either that the + measures intended were unworthy of approbation, or that they were by + no means certain, that even the best conduct would not be censured. +</p> +<p> + These objections they foresaw, and allowed to be valid; and, + therefore, generously determined to pursue the end which every man was + supposed to approve, by the best means which they could discover, and + to refer their conduct to a full senate, in which they did not doubt + but their integrity, and, perhaps, their success, would find them + vindicators. Instead of applying, therefore, to the remains of the + commons, a few days before the general recess; instead of assembling + their friends by private intimations, at a time when most of those + from whom they might have dreaded opposition, had retired, they + determined to attempt, at their own hazard, whatever they judged + necessary for the promotion of the common cause, and to refer their + measures to the senate, when it should be again assembled. +</p> +<p> + The manner in which one of the noble lords, who have spoken in support + of the address, has thought it necessary that they should have applied + to us, is, indeed, somewhat extraordinary, such as is certainly + without precedent, and such as is not very consistent with the + constituent rights of the different powers of the legislature. His + lordship has been pleased to remark, that the crown has entered into a + treaty, and to ask why that treaty was not previously laid before the + senate for its approbation. +</p> +<p> + I know not, my lords, with what propriety this contract for the troops + of Hanover can be termed a treaty. It is well known that no power in + this kingdom can enter into a treaty with a foreign state, except the + king; and it is equally certain, that, with regard to Hanover, the + same right is limited to the elector. This treaty, therefore, my + lords, is a treaty of the same person with himself, a treaty of which + the two counterparts are to receive their ratification from being + signed with the same hand. This, surely, is a treaty of a new kind, + such as no national assembly has yet considered. Had any other power + of Britain than its king, or in Hanover any other than the elector, + the right of entering into publick engagements, a treaty might have + been made; but as the constitution of both nations is formed, the + treaty is merely chimerical and absolutely impossible. +</p> +<p> + Had such a treaty, as is thus vainly imagined, been really made, it + would yet be as inconsistent with the fundamental establishment of the + empire, to require that before it was ratified it should have been + laid before the senate. To make treaties, as to make war, is the + acknowledged and established prerogative of the crown. When war is + declared, the senate is, indeed, to consider whether it ought to be + carried on at the expense of the nation; and if treaties require any + supplies to put them in execution, they likewise fall properly, at + that time, under senatorial cognizance: but to require that treaties + shall not be transacted without our previous concurrence, is almost to + annihilate the power of the crown, and to expose all our designs to + the opposition of our enemies, before they can be completed. +</p> +<p> + If, therefore, the troops of Hanover can be of use for the performance + of our stipulations, if they can contribute to the support of the + house of Austria, the ministry cannot, in my opinion, be censured for + having taken them into British pay; nor can we refuse our concurrence + with the commons in providing for their support, unless it shall + appear that the design for which all our preparations have been made + is such as cannot be executed, or such as ought not to be pursued. +</p> +<p> + Several arguments have been offered to prove both these positions; one + noble lord has asserted, that it is by no means for the advantage + either of ourselves or any other nation, to restore the house of + Austria to its ancient elevation; another, that it is, by the imperial + constitutions, unlawful for any of the princes of Germany to make war + upon the emperour solemnly acknowledged by the diet. They have + endeavoured to intimidate us, by turning our view to the difficulties + by which our attempts are obstructed; difficulties which they affect + to represent as insuperable, at least to this nation in its present + state. With this design, my lords, has the greatness of the French + power been exaggerated, the faith of the king of Sardinia questioned, + and the king of Prussia represented as determined to support the + pretensions of the emperour; with this view has our natural strength + been depreciated, and all our measures and hopes have been ridiculed, + with wantonness, not very consistent with the character of a British + patriot. +</p> +<p> + Most of these arguments, my lords, have been already answered, and + answered in such a manner as has, I believe, not failed of convincing + every lord of their insufficiency, unless, perhaps, those are to be + excepted ty whom they were offered. It has with great propriety been + observed, that the inconsistency imputed to his majesty in opposing + the emperour for whom he voted, is merely imaginary; since it is not a + necessary consequence, that he for whom he voted is, therefore, + lawfully elected; and because his majesty does not engage in this war + for the sake of dethroning the emperour, but of supporting the + Pragmatick sanction; nor does he oppose him as the head of the German + body, but as the invader of the dominions of Austria. +</p> +<p> + With regard to the propriety of maintaining the Austrian family in its + present possessions, and of raising it, if our arms should be + prosperous, to its ancient greatness, it has been shown, that no other + power is able to defend Europe either against the Turks on one part, + or the French on the other; two powers equally professing the + destructive intention of extending their dominions without limits, and + of trampling upon the privileges and liberties of all the rest of + mankind. +</p> +<p> + It has been shown, that the general scheme of policy uniformly pursued + by our ancestors in every period of time, since the increase of the + French greatness, has been to preserve an equipoise of power, by which + all the smaller states are preserved in security. It is apparent, that + by this scheme alone can the happiness of mankind be preserved, and + that no other family but that of Austria is able to balance the house + of Bourbon. +</p> +<p> + This equipoise of power has by some lords been imagined an airy + scheme, a pleasing speculation which, however it may amuse the + imagination, can never be reduced to practice. It has been asserted, + that the state of nations is always variable, that dominion is every + day transferred by ambition or by casualties, that inheritances fall + by want of heirs into other hands, and that kingdoms are by one + accident divided at one time, and at other times consolidated by a + different event; that to be the guardians of all those whose credulity + or folly may betray them to concur with the ambition of an artful + neighbour, and to promote the oppression of themselves, is an endless + task; and that to obviate all the accidents by which provinces may + change their masters, is an undertaking to which no human foresight is + equal; that we have not a right to hinder the course of succession for + our own interest, nor to obstruct those contracts which independent + princes are persuaded to make, however contrary to their own interest, + or to the general advantage of mankind. And it has been concluded by + those reasoners, that we should show the highest degree of wisdom, and + the truest, though not the most refined policy, by attending steadily + to our own interest, by improving the dissensions of our neighbours to + our own advantage, by extending our commerce, and increasing our + riches, without any regard to the happiness or misery, freedom or + slavery of the rest of mankind. +</p> +<p> + I believe I need not very laboriously collect arguments to prove to + your lordships that this scheme of selfish negligence, of supine + tranquillity, is equally imprudent and ungenerous; since, if we + examine the history of the last century, we shall easily discover, + that if this nation had not interposed, the French had now been + masters of more than half Europe; and it cannot be imagined that they + would have suffered us to set them at defiance in the midst of their + greatness, that they would have spared us out of tenderness, or + forborne to attack us out of fear. What the Spaniards attempted, + though unsuccessfully, from a more distant part of the world, in the + pride of their American affluence, would certainly have been once more + endeavoured by France, with far greater advantages, and as it may be + imagined, with a different event. +</p> +<p> + That it would have been endeavoured, cannot be doubted, because the + endeavour would not have been hazardous; by once defeating our fleet, + they might land their forces, which might be wafted over in a very + short time, and by a single victory they might conquer all the island, + or that part of it, at least, which is most worth the labour of + conquest; and though they should be unsuccessful, they could suffer + nothing but the mortification of their pride, and would be in a short + time enabled to make a new attempt. +</p> +<p> + Thus, my lords, if we could preserve our liberty in the general + subjection of the western part of the world, we should do it only by + turning our island into a garrison, by laying aside all other + employment than the study of war, and by making it our only care to + watch our coasts: a state which surely ought to be avoided at almost + any expense and at any hazard. +</p> +<p> + To think that we could extend our trade or increase our riches in this + state of the continent, is to forget the effects of universal empire. + The French, my lords, would then be in possession of all the trade of + those provinces which they had conquered, they would be masters of all + their ports and of all their shipping; and your lordships may easily + conceive with what security we should venture upon the ocean, in a + state of war, when all the harbours of the continent afforded shelter + to our enemies. If the French privateers from a few obscure creeks, + unsupported by a fleet of war, or at least not supported by a navy + equal to our own, could make such devastations in our trade as enabled + their country to hold out against the confederacy of almost all the + neighbouring powers; what, my lords, might not be dreaded by us, when + every ship upon the ocean should be an enemy; when we should be at + once overborne by the wealth and the numbers of our adversaries; when + the trade of the world should be in their hands, and their navies no + less numerous than their troops. +</p> +<p> + I have made this digression, my lords, I hope not wholly without + necessity, to show that the advantages of preserving the equipoise of + Europe are not, as they have been sometimes conceived, empty sounds, + or idle notions; but that by the balance of one nation against + another, both the safety of other countries and of our own is + preserved; and that, therefore, it requires all our vigilance and all + our resolution to establish and maintain it. +</p> +<p> + That there may come a time in which this scheme will be no longer + practicable, when a coalition of dominions may be inevitable, and when + one power will be necessarily exalted above the rest, is, indeed, not + absolutely impossible, and, therefore, not to be peremptorily denied. + But it is not to be inferred, that our care is vain at present, + because, perhaps, it may some time be vain hereafter; or that we ought + now to sink into slavery without a struggle, because the time may + come, when our strongest efforts will be ineffectual. +</p> +<p> + It has, indeed, been almost asserted, that the fatal hour is now + arrived, and that it is to no purpose that we endeavour to raise any + farther opposition to the universal monarchy projected by France. We + are told, that the nation is exhausted and dispirited; that we have + neither influence, nor riches, nor courage remaining; that we shall be + left to stand alone against the united house of Bourbon; that the + Austrians cannot, and that the Dutch will not, assist us; that the + king of Sardinia will desert his alliance; that the king of Prussia + has declared against us; and, therefore, that by engaging in the + support of the Pragmatick sanction, we are about to draw upon + ourselves that ruin which every other power has foreseen and shunned. +</p> +<p> + I am far from denying, my lords, that the power of France is great and + dangerous; but can draw no consequence from that position, but that + this force is to be opposed before it is still greater, and this + danger to be obviated while it is yet surmountable, and surmountable I + still believe it by unanimity and courage. +</p> +<p> + If our wealth, my lords, is diminished, it is time to confine the + commerce of that nation by which we have been driven out of the + markets of the continent, by destroying their shipping, and + intercepting their merchants. If our courage is depressed, it is + depressed not by any change in the nature of the inhabitants of this + island, but by a long course of inglorious compliance with the + demands, and of mean submission to the insults, of other nations, to + which it is necessary to put an end by vigorous resolutions. +</p> +<p> + If our allies are timorous and wavering, it is necessary to encourage + them by vigorous measures; for as fear, so courage, is produced by + example: the bravery of a single man may withhold an army from flight, + and other nations will be ashamed to discover any dread of that power + which France along sets at defiance. They will be less afraid to + declare their intentions, when they are convinced that we intend to + support them; and if there be, in reality, any prince who does not + favour our design, he will be at least less inclined to obstruct it, + as he finds the opposition, which he must encounter, more formidable. +</p> +<p> + For this reason, my lords, I am far from discovering the justness of + the opinion which has prevailed very much in the nation, on this + occasion, that we are not to act without allies, because allies are + most easily to be procured by acting, and because it is reasonable and + necessary for us to perform our part, however other powers may neglect + theirs. +</p> +<p> + The advice which the senate has often repeated to his majesty, has + been to oppose the progress of France; and though it should be + allowed, that he has been advised to proceed in concert <i>with his + allies</i>, yet it must be understood to suppose such allies as may be + found to have courage and honesty enough to concur with him. It cannot + be intended, that he should delay his assistance till corruption is + reclaimed, or till cowardice is animated; for to promise the queen of + Hungary assistance on such terms, would be to insult her calamities, + and to withhold our succours till she was irrecoverably ruined. The + senate could not insist that we should stand neuter, till all those, + who were engaged by treaty to support the Pragmatick sanction, should + appear willing to fulfil their stipulations; for even France is to be + numbered among those who have promised to support the house of Austria + in its possessions, however she may now endeavour to take them away. +</p> +<p> + Even with regard to that power from which most assistance may be + reasonably expected, nothing would be more imprudent than to declare + that we determine not to act without them; for what then would be + necessary, but that the French influence one town in their provinces, + or one deputy in their assemblies, and ruin the house of Austria in + security and at leisure, without any other expense than that of a + bribe. +</p> +<p> + It was, therefore, necessary to transport our troops into Flanders, to + show the world that we were no longer inclined to stand idle + spectators of the troubles of Europe; that we no longer intended to + amuse ourselves, or our confederates, with negotiations which might + produce no treaties, or with treaties which might be broken whenever + the violation of them afforded any prospect of that advantage; we were + now resolved to sacrifice the pleasures of neutrality, and the profits + of peaceful traffick, to the security of the liberties of Europe, and + the observation of publick faith. +</p> +<p> + This necessity was so generally allowed, that when the first body of + troops was sent over, no objection was made by those who found + themselves inclined to censure the conduct of our affairs, but that + they were not sufficiently numerous to defend themselves, and would be + taken prisoners by a French detachment; the ministry were therefore + asked, why they did not send a larger force, why they engaged in + hostilities, which could only raise the laughter of our enemies, and + why, if they intended war, they did not raise an army sufficient to + prosecute it? +</p> +<p> + An army, my lords, an army truly formidable, is now raised, and + assembled on the frontiers of France, ready to assist our ally, and to + put a stop to the violence of invasions. We now see ourselves once + again united with the house of Austria, and may hope once more to + drive the oppressors of mankind before us. But now, my lords, a + clamour is propagated through the nation, that these measures, which + have been so long desired, are pernicious and treacherous; that we are + armed, not against France, but against ourselves; that our armies are + sent over either not to fight, or to fight in a quarrel in which we + have no concern; to gain victories from which this nation will receive + no advantage, or to bring new dishonour upon their country by a + shameful inactivity. +</p> +<p> + This clamour, which if it had been confined to the vulgar, had been, + perhaps, of no great importance, nor could have promoted any of the + designs of those by whom it was raised, has been mentioned in this + house as an argument in favour of the motion which is now under the + consideration of your lordships; and it has been urged that these + measures cannot be proper, because all measures, by which his + majesty's government is made unpopular, must in the end be destructive + to the nation. +</p> +<p> + On this occasion, my lords, it is necessary to consider the nature of + popularity, and to inquire how far it is to be considered in the + administration of publick affairs. If by popularity is meant only a + sudden shout of applause, obtained by a compliance with the present + inclination of the people, however excited, or of whatsoever tendency, + I shall without scruple declare, that popularity is to be despised; it + is to be despised, my lords, because it cannot be preserved without + abandoning much more valuable considerations. The inclinations of the + people have, in all ages, been too variable for regard. But if by + popularity be meant that settled confidence and lasting esteem, which + a good government may justly claim from the subject, I am far from + denying that it is truly desirable; and that no wise man ever + disregarded it. But this popularity, my lords, is very consistent with + contempt of riotous clamours, and of mistaken complaints; and is often + only to be obtained by an opposition, to the reigning opinions, and a + neglect of temporary discontents; opinions which may be inculcated + without difficulty by favourite orators, and discontents which the + eloquence of seditious writers may easily produce on ignorance and + inconstancy. +</p> +<p> + How easily the opinions of the vulgar may be regulated by those who + have obtained, by whatever methods, their esteem, the debate of this + day, my lords, may inform us; since, if the measures against which + this motion is intended, be really unpopular, as they have been + represented, it is evident that there has been lately a very + remarkable change in the sentiments of the nation; for it is yet a + very little time since the repression of the insolence of France, and + the relief of the queen of Hungary was so generally wished, and so + importunately demanded, that had measures like these been then formed, + it is not improbable that they might have reconciled the publick to + that man whom the united voice of the nation has long laboured to + overbear. +</p> +<p> + It is, indeed, urged with a degree of confidence, which ought, in my + opinion, to proceed from stronger proof than has yet been produced, + that no hostilities are intended; that our armaments on the continent + are an idle show, an inoffensive ostentation, and that the troops of + Hanover have been hired only to enrich the electorate, under the + appearance of assisting the queen of Hungary, whom in reality they + cannot succour without drawing upon their country the imperial + interdict. +</p> +<p> + It has been alleged, my lords,-that these measures have been concerted + wholly/or the advantage of Hanover; that this kingdom is to be + sacrificed to the electorate, and that we are in reality intended to + be made tributaries to a petty power. +</p> +<p> + In confirmation of these suggestions, advantage has been taken from + every circumstance that could admit of misrepresentation. The + constitution of the empire has been falsely quoted, to prove that they + cannot act against the emperour, and their inactivity in Flanders has + been produced as a proof, that they do not intend to enter Germany. +</p> +<p> + Whoever shall consult the constituent and fundamental pact by which + the German form of government is established, will find, my lords, + that it is not in the power of the emperour alone to lay any of the + states of Germany under the ban; and that the electors are independent + in their own dominions, so far as that they may enter into alliances + with foreign powers, and make war upon each other. +</p> +<p> + It appears, therefore, my lords, that no law prohibits the elector of + Hanover to send his troops to the assistance of the queen of Hungary; + he may, in consequence of treaties, march into Germany, and attack the + confederates of the emperour, or what is not now intended, even the + emperour himself, without any dread of the severities of the ban. +</p> +<p> + Nor does the continuance of the forces in Flanders show any + unwillingness to begin hostilities, or any dread of the power of + either Prussia, whose prohibition is merely imaginary, or of France, + who is not less perplexed by the neighbourhood of our army than by any + other method that could have been taken of attacking her; for being + obliged to have an equal force always in readiness to observe their + motions, she has not been able to send a new army against the + Austrians, but has been obliged to leave the emperour at their mercy, + and suffer them to recover Bohemia without bloodshed, and establish + themselves at leisure in Bavaria. +</p> +<p> + Nor is this, my lords, the only advantage which has been gained by + their residence in Flanders; for the United Provinces have been + animated to a concurrence in the common cause, and have consented so + far to depart from their darling neutrality, as to send twenty + thousand of their forces to garrison the barrier. Of which no man, I + suppose, will say that it is not of great importance to the queen of + Hungary, since it sets her free from the necessity of distracting her + views, and dividing her forces for the defence of the most distant + parts of her dominions at once; nor will it be affirmed, that this + advantage could have probably been gained, without convincing our + allies of our sincerity, by sending an army into the continent. +</p> +<p> + If it be asked, what is farther to be expected from these troops? it + ought to be remembered, my lords, with how little propriety our + ministers can be required to make publick a scheme of hostile + operations, and how much we should expose ourselves to our enemies, + should a precedent be established by which our generals would be + incapacitated to form any private designs, and an end would be for + ever put to military secrecy. +</p> +<p> + What necessity there can be for proposing arguments like these, I am + not, indeed, able to discover, since the objections which have been + made seem to proceed rather from obstinacy than conviction; and the + reflections that have been vented seem rather the product of wit + irritated by malevolence, than of reason enlightened by calm + consideration. The ministers have been reproached with Hanoverian + measures, without any proof that Hanover is to receive the least + advantage; and have been charged with betraying their country by those + who cannot show how their country is injured, nor can prove either + that interest or faith would allow us to sit inactive in the present + disturbance of Europe, or that we could have acted in any other manner + with equal efficacy. +</p> +<p> + It is so far from being either evident or true, my lords, that Britain + is sacrificed to Hanover, that Hanover is evidently hazarded by her + union with Britain. Had this electorate now any other sovereign than + the king of Great Britain, it might have been secure by a neutrality, + and have looked upon the miseries of the neighbouring provinces + without any diminution of its people, or disturbance of its + tranquillity; nor could any danger be dreaded, or any inconvenience be + felt, but from an open declaration in favour of the Pragmatick + sanction. +</p> +<p> + Why the hire of the troops of any particular country should be + considered as an act of submission to it, or of dependency upon it, I + cannot discover; nor can I conceive for what reason the troops of + Hanover should be more dangerous, or less popular, at this than at any + former time, or why the employment of them should be considered as any + particular regard. If any addition of dominion had been to be + purchased for the electorate by the united arms of the confederate + army, I should, perhaps, be inclined to censure the scheme, as + contrary to the interest of my native country; nor shall any lord more + warmly oppose designs that may tend to aggrandize another nation at + the expense of this. But to hire foreigners, of whatever country, only + to save the blood of Britons, is, in my opinion, an instance of + preference which ought to produce rather acknowledgments of gratitude + than sallies of indignation. +</p> +<p> + Upon the most exact survey of this debate, I will boldly affirm, that + I never heard in this house a question so untenable in itself, so + obstinately or so warmly debated; but hope that the sophistries which + have been used, however artful, and the declamations which have been + pronounced, however pathetick, will have no effect upon your + lordships. I hope, that as the other house has already agreed to + support the auxiliaries which have been retained, and which have been + proved in this debate to be retained for the strongest reasons, and + the most important purposes, your lordships will show, by rejecting + this motion, that you are not less willing to concur in the support of + publick faith, and that you will not suffer posterity to charge you + with the exaltation of France, and the ruin of Europe. +</p> +<p> + [The question was then put, and determined in the negative, by 90 + against 35.] +</p> +<p> + After the conclusion of this long debate, the ministry did not yet + think their victory in repelling this censure sufficiently apparent, + unless a motion was admitted, which might imply a full and unlimited + approbation of their measures; and therefore the earl of SCARBOROUGH + rose, and spoke to the following effect:—My lords, it has been justly + observed in the debate of this day, that the opinions of the people of + Britain are regulated in a great measure by the determinations of this + house; that they consider this as the place where truth and reason + obtain a candid audience; as a place sacred to justice and to honour; + into which, passion, partiality, and faction have been very rarely + known to intrude; and that they, therefore, watch our decisions as the + great rules of policy, and standing maxims of right, and readily + believe these measures necessary in which we concur, and that conduct + unblameable which has gained our approbation. +</p> +<p> + This reputation, my lords, we ought diligently to preserve, by an + unwearied vigilance for the happiness of our fellow-subjects; and + while we possess it, we ought likewise to employ its influence to + beneficial purposes, that the cause and the effect may reciprocally + produce each other; that the people, when the prosperity which they + enjoy by our care, inclines them to repose in us an implicit + confidence, may find that confidence a new source of felicity; that + they may reverence us, because they are secure and happy; and be + secure and happy, because they reverence us. +</p> +<p> + This great end, my lords, it will not be very difficult to attain; the + foundation of this exalted authority may easily be laid, and the + superstructure raised in a short time; the one may be laid too deep to + be undermined, and the other built too firmly to be shaken; at least + they can be impaired only by ourselves, and may set all external + violence at defiance. +</p> +<p> + To preserve the confidence of the people, and, consequently, to govern + them without force, and without opposition, it is only necessary that + we never willingly deceive them; that we expose the publick affairs to + their view, so far as they ought to be made publick in their true + state; that we never suffer false reports to circulate under the + sanction of our authority, nor give the nation reason to think we are + satisfied, when we are, in reality, suspicious of illegal designs, or + that we suspect those measures of latent mischiefs with which we are, + in reality, completely satisfied. +</p> +<p> + But it is not sufficient, my lords, that we publish ourselves no + fallacious representations of our counsels; it is necessary, likewise, + that we do not permit them to be published, that we obviate every + falsehood in its rise, and propagate truth with our utmost diligence. + For if we suffer the nation to be deceived, we are not much less + criminal than those who deceive it; at least we must be confessed no + longer to act as the guardians of the publick happiness, if we suffer + it to be interrupted by the dispersion of reports which we know to be + at once false and pernicious. +</p> +<p> + Of these principles, which I suppose will not be contested, an easy + application may be made to the business of the present day. A question + has been debated with great address, great ardour, and great + obstinacy, which is in itself, though not doubtful, yet very much + diffused; complicated with a great number of circumstances, and + extended to a multitude of relations; and is, therefore, a subject + upon which sophistry may very safely practise her arts, and which may + be shown in very different views to those whose intellectual light is + too much contracted to receive the whole object at once. It may easily + be asserted, by those who have long been accustomed to affirm, without + scruple, whatever they desire to obtain belief, that the arguments in + favour of the motion, which has now been rejected by your lordships, + were unanswerable; and it will be no hard task to lay before their + audience such reasons as, though they have been easily confuted by the + penetration and experience of your lordships, may, to men unacquainted + with politicks, and remote from the sources of intelligence, appear + very formidable. +</p> +<p> + It is, therefore, not sufficient that your lordships have rejected the + former motion, and shown that you do not absolutely disapprove the + measures of the government, since it may be asserted, and with some + appearance of reason, that barely not to admit a motion by which all + the measures of the last year would have been at once over-turned and + annihilated, is no proof that they have been fully justified, and + warmly confirmed, since many of the transactions might have been at + least doubtful, and yet this motion not have been proper. +</p> +<p> + In an affair of so great importance, my lords, an affair in which the + interest of all the western world is engaged, it is necessary to take + away all suspicions, when the nation is about to be involved in a war + for the security of ourselves and our posterity; in a war which, + however prosperous, must be at least expensive, and which is to be + carried on against an enemy who, though not invincible, is, in a very + high degree, powerful. It is surely proper to show, in the most + publick manner, our conviction, that neither prudence nor frugality + has been wanting; that the inconveniencies which will be always felt + in such contentions, are not brought upon us by wantonness or + negligence; and that no care is omitted by which they are alleviated, + and that they may be borne more patiently, because they cannot be + avoided. +</p> +<p> + This attestation, my lords, we can only give by a solemn address to + his majesty of a tendency contrary to that of the motion now rejected; + and by such an attestation only can we hope to revive the courage of + the nation, to unite those in the common cause of liberty whom false + reports have alienated or shaken, and to restore to his majesty that + confidence which all the subtilties of faction have been employed to + impair. I, therefore, move, that an humble address be presented to his + majesty, importing, "That in the unsettled and dangerous situation of + affairs in Europe, the sending a considerable body of British forces + into the Austrian Netherlands, and augmenting the same with sixteen + thousand of his majesty's electoral troops, and the Hessians in the + British pay, and thereby, in conjunction with the queen of Hungary's + troops in the Low Countries, forming a great army for the service of + the common cause, was a wise, useful, and necessary measure, + manifestly tending to the support and encouragement of his majesty's + allies, and the real and effectual assistance of the queen of Hungary, + and the restoring and maintaining the balance of power, and has + already produced very advantageous consequences." +</p> +<p> + The earl of OXFORD spoke next, to the following effect:—My lords, the + necessity of supporting our reputation, and of preserving the + confidence of the publick, I am by no means inclined to dispute, being + convinced, that from the instant in which we shall lose the credit + which our ancestors have delivered down to us, we shall be no longer + considered as a part of the legislature, but be treated by the people + only as an assembly of hirelings and dependants, convened at the + pleasure of the court to ratify its decisions without examination, to + extort taxes, promote slavery, and to share with the ministry the + crime and the infamy of cruelty and oppression. +</p> +<p> + For this reason, it is undoubtedly proper, that we avoid not only the + crime, but the appearance of dependence; and that every doubtful + question should be freely debated, and every pernicious position + publickly condemned; and that when our decisions are not agreeable to + the opinion or expectations of the people, we should at least show + them that they are not the effects of blind compliance with the + demands of the ministry, or of an implicit resignation to the + direction of a party. We ought to show, that we are unprejudiced, and + ready to hear truth; that our determinations are not dictated by any + foreign influence, and that it will not be vain to inform us, or + useless to petition us. +</p> +<p> + In these principles I agree with the noble lord who has made the + motion; but in the consequences which are on this occasion to be drawn + from them, I cannot but differ very widely from him; for, in my + opinion, nothing can so much impair our reputation, as an address like + that which is proposed; an address not founded either upon facts or + arguments, and from which the nation can collect only, that the + protection of this house is withdrawn from them, that they are given + up to ruin, and that they are to perish as a sacrifice to the interest + of Hanover. +</p> +<p> + Let us consider what we are now invited to assert, and it will easily + appear how well this motion is calculated to preserve and to advance + the reputation of this house. We are to assert, my lords, the + propriety of a new war against the most formidable power of the + universe, at a time when we have been defeated and disgraced in our + conquests with a kingdom of inferiour force. We are to declare our + readiness to pay and to raise new taxes, since no war can be carried + on without them, at a time when our commerce, the great source of + riches, is obstructed; when the interest of debts contracted during a + long war, and a peace almost equally expensive, is preying upon our + estates; when the profits of the trade of future ages, and the rents + of the inheritances of our latest descendants, are mortgaged; and what + ought yet more to affect us, at a time when the outcry of distress is + universal, when the miseries of hopeless poverty have sunk the nation + into despair, when industry scarcely retains spirit sufficient to + continue her labours, and all the lower ranks of mankind are + overwhelmed with the general calamity. +</p> +<p> + There may, perhaps, be some among your lordships who may think this + representation of the state of the publick exaggerated beyond the + truth. There are many in this house who see no other scenes than the + magnificence of feasts, the gaieties of balls, and the splendour of a + court; and it is not much to be wondered at, if they do not easily + believe what it is often their interest to doubt, that this luxury is + supported by the distress of millions, and that this magnificence + exposes multitudes to nakedness and famine. It is my custom, when the + business of the senate is over, to retire to my estate in the country, + where I live without noise, and without riot, and take a calm and + deliberate survey of the condition of those that inhabit the towns and + villages about me. I mingle in their conversation, and hear their + complaints; I enter their houses, and find by their condition that + their complaints are just; I discover that they are daily + impoverished, and that they are not able to struggle under the + enormous burdens of publick payments, of which I am convinced that + they cannot be levied another year without exhausting the people, and + spreading universal beggary over the nation. +</p> +<p> + What can be the opinion of the publick, when they see an address of + this house, by which new expenses are recommended? Will they not + think that their state is desperate, and that they are sold to + slavery, from which nothing but insurrections and bloodshed can + release them? If they retain any hopes of relief from this house, they + must soon be extinguished, when they find in the next clause, that we + are sunk to such a degree of servility, as to acknowledge benefits + which were never received, and to praise the invisible service of our + army in Flanders. +</p> +<p> + If it be necessary, my lords, to impose upon the publick, let us at + least endeavour to do it less grossly; let us not attempt to persuade + them that those forces have gained victories who have never seen an + enemy, or that we are benefited by the transportation of our money + into another country. If it be necessary to censure those noble lords + who have supported the former motion, and to punish them for daring to + use arguments which could not be confuted; for this is the apparent + tendency of the present motion; let us not lose all consideration of + ourselves, nor sacrifice the honour of the house to the resentment of + the ministry. +</p> +<p> + For my part, my lords, I shall continue to avow my opinion in defiance + of censures, motions and addresses; and as I struggled against the + former ministry, not because I envied or hated them, but because I + disapproved their conduct; I shall continue to oppose measures equally + destructive with equal zeal, by whomsoever they are projected, or by + whomsoever patronised. +</p> +<p> + Lord CARTERET spoke next, to the following purpose:—My lords, after + so full a defence of the former motion as the late debate has + produced, it is rather with indignation than surprise, that I hear + that which is now offered. It has been for a long time the practice of + those who are supported only by their numbers, to treat their + opponents with contempt, and when they cannot answer to insult them; + and motions have been made, not because they were thought right by + those who offered them, but because they would certainly be carried, + and would, by being carried, mortify their opponents. +</p> +<p> + This, my lords, is the only intent of the present motion which can + promote no useful purpose, and which, though it may flatter the court, + must be considered by the people as an insult; and therefore, though I + believe all opposition fruitless, I declare that I never will agree to + it. +</p> +<p> + And to show, my lords, that I do not oppose the ministry for the sake + of obstructing the publick counsels, or of irritating those whom I + despair to defeat; and that I am not afraid of trusting my conduct to + the impartial examination of posterity, I shall beg leave to enter, + with my protest, the reasons which have influenced me in this day's + deliberation, that they be considered when this question shall no + longer be a point of interest, and our present jealousies and + animosities are forgotten. +</p> +<p> + [It was carried in the affirmative, by 78 against 35.] +</p> +<a name="2H_4_11"><!-- H2 anchor --></a> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<h2> + HOUSE OF LORDS, FEBRUARY 21, 1742-3. +</h2> +<center> + DEBATE ON SPIRITUOUS LIQUORS. +</center> +<p> + The bill for altering the duties on spirituous liquors, and permitting + them again to be sold with less restraint, which was sent up by the + commons to the house of lords, produced there very long and serious + deliberations, to which the lords had every day each a particular + summons, as in cases of the highest concern. +</p> +<p> + The bill was entitled, An act for repealing certain duties on + spirituous liquors, and on licenses for retailing the same, and for + laying other duties on spirituous liquors, and on licenses for + retailing the said liquors. +</p> +<p> + The duties which were proposed to be repealed, were those laid by the + act 9 Geo. II. which permitted no person to sell spirituous liquors in + less quantity than two gallons without a license, for which fifty + pounds were to be paid. Whereas by the new bill a small duty per + gallon was laid on at the still-head, and the license was to cost but + twenty shillings, which was to be granted only to such as had licenses + for selling ale. On the credit of this act, as soon as it was passed + by the commons, the ministry borrowed a large sum at three per cent, + but it was understood that the sinking fund was pledged as a + collateral security to pay any deficiency. +</p> +<p> + In about a fortnight this bill passed all the forms in the house of + commons, almost without opposition; and with little or no alteration + from the scheme brought into the committee on ways and means for + raising the supply for the current year, by Mr. SANDYS, then + chancellor of the exchequer. +</p> +<p> + It was immediately carried up to the house of lords, where it was read + for the first time on the 17th of February; and ordered a second + reading on the twenty-second. On that day the commissioners of excise, + according to an order of the house, brought an account of the sums + arising by the last act, and a yearly account for several years past; + and attending were interrogated concerning the execution of the last + act. +</p> +<p> + The bishop of ORFORD particularly inquired, whether it had been + effectually put in force, and questions of the same kind were asked by + lord LONSDALE and others; to which the commissioners answered, that it + had been diligently and vigorously executed, so far as they or their + officers had power to enforce it; but that the justices had not always + been equally zealous in seconding their endeavours; and that it was + impossible to discover all the petty dealers by whom it was infringed, + spirituous liquors still continuing to be sold in small obscure shops, + and at the corners of the streets. +</p> +<p> + A motion was also made, that three of the physicians of most note for + their learning and experience, should be summoned to attend the house, + to declare their opinion with regard to the effects of spirituous + liquors upon the human body. But this was rejected by 33 against 17. +</p> +<p> + The bill was read the second time on the day appointed, when the + question being put, whether it should be committed, lord HERVEY rose, + and spoke to the following effect:— +</p> +<p> + My lords, though I doubt not but the bill now before us will be + promoted in this house, by the same influence by which it has been + conducted through the other; yet I hope its success will be very + different, and that those arts by which its consequences, however + formidable, have been hitherto concealed, or by which those whose + business it was to have detected and exposed them, have been induced + to turn their eyes aside, will not be practised here with the same + efficacy, though they should happen to be attempted with the same + confidence. I hope that zeal for the promotion of virtue, and that + regard to publick happiness, which has on all occasions distinguished + this illustrious assembly, will operate now with uncommon energy, and + prevent the approbation of a bill, by which vice is to be made legal, + by which the fences of subordination are to be thrown down, and all + the order of society, and decency of regular establishments be + obliterated by universal licentiousness, and lost in the wild + confusions of debauchery; of debauchery encouraged by law, and + promoted for the support of measures expensive, ridiculous, and + unnecessary. +</p> +<p> + A law of so pernicious a tendency shall, at least, not pass through + this house without opposition; nor shall drunkenness be established + among us without the endeavour of one voice, at least, to withhold its + progress; for I now declare that I oppose the commitment of this bill, + and that I am determined to continue my opposition to it in all the + steps by which the forms of our house make it necessary that it should + pass before it can become a law. +</p> +<p> + Nor do I speak, my lords, on this occasion, with that distrust and + mental hesitation which are both natural and decent, when questions + are dubious, when probability seems to be almost equally divided, when + truth appears to hover between two parties, and by turns to favour + every speaker; when specious arguments are urged on both sides, and + the number of circumstances to be collected, and of relations to be + adjusted, is so great, that an exact and indubitable decision is + scarcely to be attained by human reason. I do not, my lords, now speak + with the diffidence of inquiry, or the uncertainty of conjecture, nor + imagine that I am now examining a political expedient, of which the + success can only be perfectly known by experience, and of which, + therefore, no man can absolutely determine, whether it will be useful + or pernicious, or a metaphysical difficulty, which may be discussed + for ever without being decided. +</p> +<p> + In considering this bill, my lords, I proceed upon stated and + invariable principles. I have no facts to examine but such as, to the + last degree, are notorious, such as have been experienced every hour, + since the existence of society; and shall appeal, not to transitory + opinions, or casual assertions, but to the laws of all civilized + nations, and to the determinations of every man whose wisdom or virtue + have given him a claim to regard. +</p> +<p> + All the decrees of all the legislators of the earth, or the + declarations of wise men, all the observations which nature furnishes, + and all the examples which history affords, concur in condemning this + bill before us, as a bill injurious to society, destructive of private + virtue, and, by consequence, of publick happiness, detrimental to the + human species, and, therefore, such as ought to be rejected in that + assembly to which the care of the nation is committed; that assembly + which ought to meet only for the benefit of mankind, and of which the + resolutions ought to have no other end, than the suppression of those + vices by which the happiness of life is obstructed or impaired. +</p> +<p> + The bill now before you, my lords, is fundamentally wrong, as it is + formed upon a hateful project of increasing the consumption of + spirituous liquors, and, consequently, of promoting drunkenness among + a people reproached already for it throughout the whole world. It + contains such a concatenation of enormities, teems with so vast a + number of mischiefs, and therefore produces, in those minds that + attend to its nature, and pursue its consequences, such endless + variety of arguments against it, that the memory is perplexed, the + imagination crowded, and utterance overburdened. Before any one of its + pernicious effects is fully dilated a thousand others appear; the + hydra still shoots out new heads, and every head vomits out new poison + to infect society, and lay the nation desolate. +</p> +<p> + I am, therefore, at a loss, my lords, not how to raise arguments + against this bill, which cannot be read or mentioned without, + furnishing them by thousands; but how to methodise those that occur to + me, and under what heads to range my thoughts, that I may pursue my + design without confusion, that I may understand myself, and be + understood by your lordships. +</p> +<p> + A multitude of considerations are obvious, all of importance + sufficient to claim attention, and to outweigh the advantages proposed + by this hateful bill, but which cannot all be mentioned, or at least + not with that exactness which they deserve; I shall, therefore, + confine myself at present to three considerations, and shall entreat + the attention of your lordships, while I examine the bill now before + us, with regard to its influence on the health and morals of the + people, the arguments by which it has been hitherto supported, and the + effects which it will have on the sinking fund. +</p> +<p> + The first head, my lords, is so copious, that I find myself very + little relieved by the division which I have made. The moral + arguments, though separated from those which are either political or + temporary, are sufficient to overpower the strongest reason, and + overflow the most extensive comprehension. +</p> +<p> + It is not necessary, I suppose, to show that health of body is a + blessing, that the duties of life in which the greatest part of the + world is employed, require vigour and activity, and that to want + strength of limbs, and to want the necessary supports of nature, are + to the lower classes of mankind the same. I need not observe to your + lordships, whose legislative character obliges you to consider the + general concatenation of society, that all the advantages which high + stations or large possessions can confer, are derived from the labours + of the poor; that to the plough and the anvil, the loom and the + quarry, pride is indebted for its magnificence, luxury for its + dainties, and delicacy for its ease. A very little consideration will + be sufficient to show, that the lowest orders of mankind supply + commerce with manufacturers, navigation with mariners, and war with + soldiers; that they constitute the strength and riches of every + nation; and that, though they generally move only by superiour + direction, they are the immediate support of the community; and that + without their concurrence, policy would project in vain, wisdom would + end in idle speculation, and the determinations of this assembly would + be empty sounds. +</p> +<p> + It is, therefore, my lords, of the utmost importance, that all + practices should be suppressed by which the lower orders of the people + are enfeebled and enervated; for if they should be no longer able to + bear fatigues or hardships, if any epidemical weakness of body should + be diffused among them, our power must be at an end, our mines would + be an useless treasure, and would no longer afford us either the + weapons of war, or the ornaments of domestick elegance; we should no + longer give law to mankind by our naval power, nor send out armies to + fight for the liberty of distant nations; we should no longer supply + the markets of the continent with our commodities, or share in all the + advantages which nature has bestowed upon distant countries, for all + these, my lords, are the effects of indigent industry, and mechanick + labour. +</p> +<p> + All these blessings or conveniencies are procured by that strength of + body, which nature has bestowed upon the natives of this country, who + have hitherto been remarkably robust and hardy, able to support long + fatigues, and to contend with the inclemency of rigorous climates, the + violence of storms, and the turbulence of waves, and who have, + therefore, extended their conquests with uncommon success, and been + equally adapted to the toils of trade and of war, and have excelled + those who endeavoured to rival them either in the praise of + workmanship or of valour. +</p> +<p> + But, my lords, if the use of spirituous liquors be encouraged, their + diligence, which can only be supported by health, will quickly + languish; every day will diminish the numbers of the manufacturers, + and, by consequence, augment the price of labour; those who continue + to follow their employments, will be partly enervated by corruption, + and partly made wanton by the plenty which the advancement of their + wages will afford them, and partly by the knowledge that no degree of + negligence will deprive them of that employment in which there will be + none to succeed them. All our commodities, therefore, will be wrought + with less care and at a higher price, and therefore, will be rejected + at foreign markets in favour of those which other nations will exhibit + of more value, and yet at a lower rate. +</p> +<p> + No sooner, my lords, will this bill make drunkenness unexpensive and + commodious, no sooner will shops be opened in every corner of the + streets, in every petty village, and in every obscure cellar for the + retail of these liquors, than the workrooms will be forsaken, when the + artificer has, by the labour of a small part of the day, procured what + will be sufficient to intoxicate him for the remaining hours; for he + will hold it ridiculous to waste any part of his life in superfluous + diligence, and will readily assign to merriment and frolicks that time + which he now spends in useful occupations. +</p> +<p> + But such is the quality of these liquors, that he will not long be + able to divide his life between labour and debauchery, he will soon + find himself disabled by his excesses from the prosecution of his + work, and those shops which were before abandoned for the sake of + pleasure, will soon be made desolate by sickness; those who were + before idle, will become diseased, and either perish by untimely + deaths, or languish in misery and want, an useless burden to the + publick. +</p> +<p> + Nor, my lords, will the nation only suffer by the deduction of such + numbers from useful employments, but by the addition of great + multitudes to those who must be supported by the charity of the + publick. The manufacturer, who by the use of spirituous liquors + weakens his limbs or destroys his health, at once, takes from the + community to which he belongs, a member by which the common stock was + increased, and by leaving a helpless family behind him, increases the + burden which the common stock must necessarily support. And the trader + or husbandman is obliged to pay more towards the maintenance of the + poor, by the same accident which diminishes his trade or his harvest, + which takes away part of the assistance which he received, and raises + the price of the rest. +</p> +<p> + That these liquors, my lords, liquors of which the strength is + heightened by distillation, have a natural tendency to inflame the + blood, to consume the vital juices, destroy the force of the vessels, + contract the nerves, and weaken the sinews, that they not only + disorder the mind for a time, but by a frequent use precipitate old + age, exasperate diseases, and multiply and increase all the + infirmities to which the body of man is liable, is generally known to + all whose regard to their own health, or study to preserve that of + others, has at any time engaged them in such inquiries, and would have + been more clearly explained to your lordships, had the learned + physicians been suffered to have given their opinions on this subject, + as was yesterday proposed. +</p> +<p> + Why that proposal was rejected, my lords; for what reason, in the + discussion of so important a question, any kind of evidence was + refused, posterity will find it difficult to explain, without imputing + to your lordships such motives as, I hope, will never operate in this + assembly. It will be, perhaps, thought that the danger was generally + known, though not acknowledged; and that those who resolved to pass + the bill, had no other care than to obstruct such information as might + prove to mankind, that they were incited by other designs than that of + promoting the publick good. +</p> +<p> + It is not, however, necessary that any very curious inquiries should + be made for the discovery of that which, indeed, cannot be concealed, + and which every man has an opportunity of remarking that passes + through the streets. +</p> +<p> + So publick, so enormous, and so pernicious has been this dreadful + method of debauchery, that it has excited and baffled the diligence of + the magistrates, who have endeavoured to stop its progress or hinder + its effects. They found their efforts ineffectual, and their diligence + not only not useful to the publick, but dangerous to themselves. They + quickly experienced, my lords, the folly of those laws which punish + crimes instead of preventing them; they found that legal authority had + little influence, when opposed to the madness of multitudes + intoxicated with spirits, and that the voice of justice was but very + little heard amidst the clamours of riot and drunkenness. +</p> +<p> + We live, my lords, in a nation where the effects of strong liquors + have been for a long time too well known; we know that they produce, + in almost every one, a high opinion of his own merit; that they blow + the latent sparks of pride into flame, and, therefore, destroy all + voluntary submission; they put an end to subordination, and raise + every man to an equality with his master, or his governour. They + repress all that awe by which men are restrained within the limits of + their proper spheres, and incite every man to press upon him that + stands before him, that stands in the place of which that sudden + elevation of heart, which drunkenness bestows, makes him think himself + more worthy. +</p> +<p> + Pride, my lords, is the parent, and intrepidity the fosterer of + resentment; for this reason, men are almost always inclined, in their + debauches, to quarrels and to bloodshed; they think more highly of + their own merit, and, therefore, more readily conclude themselves + injured; they are wholly divested of fear, insensible of present + danger, superiour to all authority, and, therefore, thoughtless of + future punishment; and what then can hinder them from expressing their + resentment with the most offensive freedom, or pursuing their revenge + with the most daring violence. +</p> +<p> + Thus, my lords, are forgotten disputes often revived, and after having + been long reconciled, are at last terminated by blows; thus are lives + destroyed upon the most trifling occasions, upon provocations often + imaginary, upon chimerical points of honour, where he who gave the + offence, perhaps without design, supports it only because he has given + it; and he who resents it, pursues his resentment only because he will + not acknowledge his mistake. +</p> +<p> + Thus are lives lost, my lords, at a time when those who set them to + hazard, are without consciousness of their value, without sense of the + laws which they violate, and without regard to any motives but the + immediate influence of rage and malice. +</p> +<p> + When we consider, my lords, these effects of drunkenness, it can be no + subject of wonder, that the magistrate finds himself overborne by a + multitude united against him, and united by general debauchery. + Government, my lords, subsists upon reverence, and what reverence can + be paid to the laws, by a crowd, of which every man is exalted by the + enchantment of those intoxicating spirits, to the independence of a + monarch, the wisdom of a legislator, and the intrepidity of a hero? + when every man thinks those laws oppressive that oppose the execution + of his present intentions, and considers every magistrate as his + persecutor and enemy? +</p> +<p> + Laws, my lords, suppose reason; for who ever attempted to restrain + beasts but by force; and, therefore, those that propose the promotion + of publick happiness, which can be produced only by an exact + conformity to good laws, ought to endeavour to preserve what may + properly be called the publick reason; they ought to prevent a general + depravation of the faculties of those whose benefit is intended, and + whose obedience is required; they ought to take care that the laws may + be known, for how else can they be observed? and how can they be + known, or at least, how can they be remembered in the heats of + drunkenness? +</p> +<p> + That the laws are universally neglected and defied among the lower + class of mankind, among those whose want of the lights of knowledge + and instruction, makes positive and compulsory directions more + necessary for the regulation of their conduct, is apparent from the + representation of the magistrates, in which the general disorders of + this great city, the open wickedness, the daring insolence, and + unbounded licentiousness of the common people, is very justly + described. +</p> +<p> + Their wickedness and insolence, my lords, is, indeed, such, that order + is almost at an end, rank no longer confers respect, nor does dignity + afford security. The same confidence produces insults and robberies, + and that insensibility with which debauchery arms the mind equally + against fear and pity, frequently aggravates the guilt of robbery with + greater crimes; those who are so unhappy as to fall into the hands of + thieves, heated by spirits into madmen, seldom escape without + suffering greater cruelties than the loss of money. +</p> +<p> + That the use of these poisonous draughts quickly debilitates the + limbs, and destroys the strength of the body; however this quality may + impair our manufactures, weaken our armies, and diminish our commerce; + however it may reduce our fleets to an empty show, and enable our + enemies to triumph in the field, or our rivals to supplant us in the + market, can scarcely, my lords, come under consideration, when we + reflect how debauchery operates upon the morals. +</p> +<p> + It is happy, my lords, that those who are inclined to mischief, are + disabled in a short time from executing their intentions, by the same + causes which excite them; that they are obliged to stop in the career + of their crimes, that they are preserved from the hand of the + executioner by the liquor which exposes them to it, and that palsies + either disable them from pursuing their villanies, or fevers put an + end to their lives. +</p> +<p> + It is happy, my lords, that what is thus violent, cannot be lasting; + that those lives which are employed in mischief, are generally short; + and that since it is the quality of this malignant liquor to corrupt + the mind, it likewise destroys the body. +</p> +<p> + But this effect, my lords, is not constant or regular; men sometimes + continue for many years, to supply the, expenses of drunkenness by + rapine, and to exasperate the fury of rapine by drunkenness. And, + therefore, though there could be any one so regardless of the + happiness of mankind, as to look without concern upon them who hurry + themselves to the grave with poison, he may yet be incited by his own + interest to prevent the progress of this practice, a practice which + tends to the subversion of all order, and the destruction of all + happiness. +</p> +<p> + It is well known, my lords, that publick happiness must be on a stated + proportion to publick virtue; that mutual trust is the cement of + society, and that no man can be trusted but as he is reputed honest. + To promote trust, my lords, is the apparent tendency of all laws. When + the ties of morality are enforced by penal sanctions, men are more + afraid to violate them, and, therefore, are trusted with less danger; + but when they no longer fear the law, they are to be restrained only + by their consciences; and if neither law nor conscience has any + influence upon their conduct, they are only a herd of wild beasts, let + loose to prey upon each other, and every man will inflict or suffer + pain, as he meets with one stronger or weaker than himself. Thus, my + lords, will all authority cease, property will become dangerous to him + that possesses it, and confusion will overspread the whole community; + nor can it be easily conceived, by the most extensive comprehension + how far the mischiefs may spread, or where the chain of destructive + consequences will end. +</p> +<p> + If we consider our fleet or our army, my lords, it is apparent, that + neither obedience nor fidelity can be expected from men upon whom all + the ties of morality, and all the sanctions of law have lost their + influence; they will mutiny without fear, and desert without scruple, + and like wild beasts, will, upon the least provocation, turn upon + those by whom they ought to be governed. +</p> +<p> + But drunkenness, my lords, not only corrupts men, by taking away the + sense of those restraints by which they are generally kept in awe, and + withheld from the perpetration of villanies, but by superadding the + temptations of poverty, temptations not easily to be resisted, even by + those whose eyes are open to the consequences of their actions, and + which, therefore, will certainly prevail over those whose + apprehensions are laid asleep, and who never extend their views beyond + the gratification of the present moment. +</p> +<p> + Drunkenness, my lords, is the parent of idleness; for no man can apply + himself to the business of his trade, either while he is drinking, or + when he is drunk. Part of his time is spent in jollity, and part in + imbecility; when he is amidst his companions he is too gay to think of + the consequences of neglecting his employment; and when he has + overburdened himself with liquor, he is too feeble and too stupid to + follow it. +</p> +<p> + Poverty, my lords, is the offspring of idleness, as idleness of + drunkenness; the drunkard's work is little and his expenses are great; + and, therefore, he must soon see his family distressed, and his + substance reduced to nothing: and surely, my lords, it needs not much + sagacity to discover what will be the consequence of poverty produced + by vice. +</p> +<p> + It is not to be expected, my lords, that a man thus corrupted will be + warned by the approach of misery, that he will recollect his + understanding, and awaken his attention; that he will apply himself to + his business with new diligence, endeavour to recover, by an increase + of application, what he has lost by inattention, and make the + remembrance of his former vices, and the difficulties and diseases + which they brought upon him, an incitement to his industry, a + confirmation of his resolution, and a support to his virtue. +</p> +<p> + That this is, indeed, possible, I do not intend to deny; but the bare + possibility of an event so desirable, is the utmost that can be + admitted; for it can scarcely be expected, that any man should be able + to break through all the obstacles that will obstruct his return to + honesty and wisdom; his companions will endeavour to continue the + infatuating amusements which have so long deluded him; his appetite + will assist their solicitations; the desire of present ease by which + all mankind are sometimes led aside from virtue, will operate with + unusual strength; since, to retrieve his misconduct, he must not only + deny himself the pleasure which he has so long indulged, but must bear + the full view of his distress from which he will naturally turn aside + his eyes. The general difficulty of reformation will incline him to + seek for ease by any other means, and to delay that amendment which he + knows to be necessary, from hour to hour, and from day to day, till + his resolutions are too much weakened to prove of any effect, and his + habits confirmed beyond opposition. +</p> +<p> + At length, necessity, immediate necessity, presses upon him; his + family is made clamorous by want, and his calls of nature and of + luxury are equally importunate; he has now lost his credit in the + world, and none will employ him, because none will trust him, or + employment cannot immediately be, perhaps, obtained; because his place + has for a long time been supplied by others. And, even if he could + obtain a readmission to his former business, his wants are now too + great and too pressing to be supplied by the slow methods of regular + industry; he must repair his losses by more efficacious expedients, + and must find some methods of acquisition, by which the importunity of + his creditors may be satisfied. +</p> +<p> + Industry is now, by long habits of idleness, become almost + impracticable; his attention having been long amused by pleasing + objects, and dissipated by jollity and merriment, is not readily + recalled to a task which is unpleasing, because it is enjoined; and + his limbs, enervated by hot and strong liquors, liquors of the most + pernicious kind, cannot support the fatigues necessary in the practice + of his trade; what was once wholesome exercise is now insupportable + fatigue; and he has not now time to habituate himself, by degrees, to + that application which he has intermitted, that labour which he has + disused, or those arts which he has forgotten. +</p> +<p> + In this state, my lords, he easily persuades himself that his + condition is desperate, that no legal methods will relieve him; and + that, therefore, he has nothing to hope but from the efforts of + despair. These thoughts are quickly confirmed by his companions, whom + the same misconduct has reduced to the same distress, and who have + already tried the pleasures of being supported by the labour of + others. They do not fail to explain to him the possibility of sudden + affluence, and, at worst, to celebrate the satisfaction of short-lived + merriment. He, therefore, engages with them in their nocturnal + expeditions, an association of wickedness is formed, and that man, who + before he tasted this infatuating liquor, contributed every day, by + honest labour, to the happiness or convenience of life, who supported + his family in decent plenty, and was himself at ease, becomes at once + miserable and wicked; is detested as a nuisance by the community, and + hunted by the officers of justice; nor has mankind any thing now to + wish or hope with regard to him, but that by his speedy destruction, + the security of the roads may be restored, and the tranquillity of the + night be set free from the alarms of robbery and murder. +</p> +<p> + These, my lords, are the consequences which necessarily ensue from the + use of those pernicious, those infatuating spirits, which have justly + alarmed every man whom pleasure or sloth has not wholly engrossed, and + who has ever looked upon the various scenes of life with that + attention which their importance demands. +</p> +<p> + Among these, my lords, the clergy have distinguished themselves by a + zealous opposition to this growing evil, and have warned their hearers + with the warmest concern against the misery and wickedness which must + always be the attendants or the followers of drunkenness. One among + them [Footnote: Bishop of SARUM.], whose merit has raised him to a + seat in this august, assembly, and whose instructions are enforced by + the sanctity of his life, has, in a very cogent and pathetical manner, + displayed the enormity of this detestable sin, the universality of its + prevalence, and the malignity of its effects; and in his discourse on + the infirmary of this city, has observed with too much justness, that + the lowest of the people are infected with this vice, and that <i>even + necessity is become luxurious</i>. +</p> +<p> + Many other authorities [Footnote: He read the preamble to a former + bill, the opinion of the college of physicians.] might be produced, + and some others I have now in my hand; but the recital of them would + waste the day to no purpose: for surely it is not necessary to show, + by a long deduction of authorities, the guilt of drunkenness, or to + prove that it weakens the body, or that it depraves the mind, that it + makes mankind too feeble for labour, too indolent for application, too + stupid for ingenuity, and too daring for the peace of society. +</p> +<p> + This, surely, my lords, is, therefore, a vice which ought, with the + utmost care, to be discouraged by those whose birth or station has + conferred upon them the province of watching over the publick + happiness; and which, surely, no prospect of present advantage, no + arguments of political convenience, will prevail upon this house to + promote. +</p> +<p> + That the natural and evident tendency of this bill is the propagation + of drunkenness, cannot be denied, when it is considered that it will + increase the temptations to it by making that liquor, which is the + favourite of the common people, more common, by multiplying the places + at which it is sold, so that none can want an opportunity of yielding + to any sudden impulse of his appetite, which will solicit him more + powerfully and more incessantly as they are more frequently and more + easily gratified. +</p> +<p> + In defence of a bill like this, my lords, it might be expected, that + at least many specious arguments should be offered. It may be justly + hoped that no man will rise up in opposition to all laws of heaven and + earth, to the wisdom of all legislators, and the experience of every + human being, without having formed such a train of arguments as will + not easily be disconcerted, or having formed at least such a chain of + sophistry as cannot be broken but with difficulty. +</p> +<p> + And yet, my lords, when I consider what has been offered by all who + have hitherto appeared either in publick assemblies, or in private + conversation, as advocates for this bill, I can scarcely believe, that + they perceive themselves any force in their own arguments; and am + inclined to conclude, that they speak only to avoid the imputation of + being able to say nothing in defence of their own scheme; that their + hope is not to convince by their reasons, but to overpower by their + numbers; that they are themselves influenced, not by reason, but by + necessity; and that they only encourage luxury, because money is to be + raised for the execution of their schemes: and they imagine, that the + people will pay more cheerfully for liberty to indulge their + appetites, than for any other enjoyment. +</p> +<p> + The arguments which have been offered, my lords, in vindication of + this bill, or at least which I have hitherto heard, are only two, and + those two so unhappily associated, that they destroy each other; + whatever shall be urged to enforce the second, must in the same + proportion invalidate the first; and whoever shall assert, that the + first is true, must admit that the second is false. +</p> +<p> + These positions, my lords, the unlucky positions which are laid down + by the defenders of this pernicious bill, are, that it will supply the + necessities of the government with a very large standing revenue, on + the credit of which, strengthened by the additional security of the + sinking fund, a sum will be advanced sufficient to support the + expenses of a foreign war; and that at the same time it will lessen + the consumption of the liquors from whence this duty is to arise. +</p> +<p> + By what arts of political ratiocination these propositions are to be + reconciled, I am not able to discover. It appears evident, my lords, + that large revenues can only be raised by the sale of large + quantities; and that larger quantities will in reality be sold, as the + price is little or nothing raised, and the venders are greatly + increased. +</p> +<p> + If this will not be the effect, my lords, and if this effect is not + expected, why is this bill proposed as sufficient to raise the immense + sums which our present exigencies require? Can duties be paid without + consumption of the commodity on which they are laid? and is there any + other use of spirituous liquors than that of drinking them? +</p> +<p> + Surely, my lords, it is not expected, that any arguments should be + admitted in this house without examination; and yet it might be justly + imagined, that this assertion could only be offered in full confidence + of an implicit reception, and this tenet be proposed only to those who + had resigned their understandings to the dictates of the ministry; for + it is implied in this position, that the plenty of a commodity + diminishes the demand for it; and that the more freely it is sold, the + less it will be bought. It implies, that men will lay voluntary + restraints upon themselves, in proportion as they are indulged by + their governours; and that all prohibitory laws tend to the promotion + of the practices which they condemn; it implies, that a stop can only + be put to fornication by increasing the number of prostitutes, and + that theft is only to be restrained by leaving your doors open. +</p> +<p> + I am, for my part, convinced, that drunkards, as well as thieves, are + made by opportunity; and that no man will deny himself what he + desires, merely because it is allowed him by the laws of his country. +</p> +<p> + This, my lords, is so evident, that I shall no longer dwell upon the + assertion, that the unbounded liberty of retailing spirits will make + spirits less used in the nation; but shall examine the second + argument, and consider how far it is possible or proper to raise + supplies by a tax upon drunkenness. +</p> +<p> + That large sums will be raised by the bill to which the consent of + your lordships is now required, I can readily admit, because the + consumption of spirits will certainly be greater, and the licenses + taken for retailing them so numerous, that a much lower duty than is + proposed will amount yearly to a very large sum; for if the felicity + of drunkenness can be more cheaply obtained by buying spirits than + ale, when both are to be found at the same place, it is easy to see + which will be preferred; this argument, therefore, is irrefragable, + and may be urged in favour of the bill without danger of confutation. +</p> +<p> + But, my lords, it is the business of governours not so much to drain + the purses, as to regulate the morals of the people; not only to raise + taxes, but to levy them in such a manner as may be least burdensome, + and to apply them to purposes which may be most useful; not to raise + money by corrupting the nation, that it may be spent in enslaving it. +</p> +<p> + It has been mentioned by a very celebrated writer, as a rational + practice in the exercise of government, to tax such commodities as + were abused to the increase of vice, that vice may be discouraged by + being made more expensive; and therefore the community in time be set + free from it: but the tax which is now proposed, my lords, is of a + different kind; it is a tax laid upon vice, indeed, but it is to arise + from the licenses granted to wickedness, and its consequences must be + the increase of debauchery, not the restraint. It is a tax which will + be readily paid, because it will be little felt; and because it will + be little felt, it is hoped that multitudes will subject themselves to + it. +</p> +<p> + The act which is now to be repealed, was, indeed, of a very different + nature, though perhaps not free from very just objections. It had this + advantage at least, that so far as it was put in execution, it + obstructed drunkenness; nor has the examination of the officers of + excise discovered any imperfection in the law; for it has only failed, + because it was timorously or negligently executed. Why it was not + vigorously and diligently enforced, I have never yet been able to + discover. If the magistrates were threatened by the populace, the + necessity of such laws was more plainly proved; for what justifies the + severity of coercion but the prevalence of the crime? and what may not + be feared from crowds intoxicated with spirits, whose insolence and + fury is already such, that they dare to threaten the government by + which they are debarred from the use of them? +</p> +<p> + This, my lords, is a reflection that ought not to be passed slightly + over. The nature of our constitution, happy as it is, must be + acknowledged to produce this inconvenience, that it inclines the + common people to turbulence and sedition; the nature of spirituous + liquors is such, that they inflame these dispositions, already too + much predominant; and yet the turbulence of the people is made a + reason for licensing drunkenness, and allowing, without limitation, + the sale of those spirits by which that turbulence must be certainly + increased. +</p> +<p> + It may be, perhaps, urged, (for indeed I know not what else can be + decently alleged,) that there is a necessity of raising money, that no + other method can be invented, and that, therefore, this ought not to + be opposed. +</p> +<p> + I know, my lords, that ministers generally consider, as the test of + each man's loyalty, the readiness with which he concurs with them in + their schemes for raising money; and that they think all opposition to + these schemes, which are calculated for the support of the government, + the effect of a criminal disaffection; that they always think it a + sufficient vindication of any law, that it will bring in very large + sums; and that they think no measures pernicious, nor laws dangerous, + by which the revenue is not impaired. +</p> +<p> + If government was instituted only to raise money, these ministerial + schemes of policy would be without exception; nor could it be denied, + that the present ministers show themselves, by this expedient, + uncommon masters of their profession. But the end of government is + only to promote virtue, of which happiness is the consequence; and, + therefore, to support government by propagating vice, is to support it + by means which destroy the end for which it was originally + established, and for which its continuance is to be desired. +</p> +<p> + If money, therefore, cannot be raised but by this bill, if the + expenses of the government cannot be defrayed but by corrupting the + morals of the people, I shall without scruple declare, that money + ought not to be raised, nor the designs of the government supported, + because the people can suffer nothing from the failure of publick + measures, or even from the dissolution of the government itself, which + will be equally to be dreaded or avoided with an universal depravity + of morals, and a general decay of corporeal vigour. Even the insolence + of a foreign conqueror can inflict nothing more severe than the + diseases which debauchery produces; nor can any thing be feared from + the disorders of anarchy more dangerous or more calamitous, than the + madness of sedition, or the miseries which must ensue to each + individual from universal wickedness. +</p> +<p> + Such, my lords, is the expedient by which we are now about to raise + the supplies for the present year; and such is the new method of + taxation which the sagacity of our ministers has luckily discovered. A + foreign war is to be supported by the destruction of our people at + home, and the revenue of the government to be improved by the decay of + our manufactures. We are to owe henceforward our power to epidemical + diseases, our wealth to the declension of our commerce, and our + security to riot and to tumult. +</p> +<p> + There is yet another consideration, my lords, which ought well to be + regarded, before we suffer this bill to pass. Many laws are merely + experimental, and have been made, not because the legislature thought + them indisputably proper, but because no better could at that time be + struck out, and because the arguments in their favour appeared + stronger than those against them, or because the questions to which + they related were so dark and intricate that nothing was to be + determined with certainty, and no other method could therefore be + followed, but that of making the first attempts at hazard, and + correcting these errours, or supplying these defects which might + hereafter be discovered by those lights which time should afford. +</p> +<p> + Though I am far from thinking, my lords, that the question relating to + the effects of this law is either doubtful or obscure; though I am + certain that the means of reforming the vice which its advocates + pretend it is designed to prevent, are obvious and easy; yet I should + have hoped, that the projectors of such a scheme would have allowed at + least the uncertainty of the salutary effects expected from it, and + would, therefore, have made some provision for the repeal of it when + it should be found to fail. +</p> +<p> + But, my lords, our ministers appear to have thought it sufficient to + endear them to their country, and immortalize their names, that they + have invented a new method of raising money, and seem to have very + little regard to any part of the art of government; they will, at + least in their own opinion, have deserved applause, if they leave the + publick revenue greater, by whatever diminution of the publick virtue. +</p> +<p> + They have, therefore, my lords, wisely contrived a necessity of + continuing this law, whatever may be its consequences, and how fatal + soever its abuses; for they not only mortgage the duties upon spirits + for the present supply, but substitute them in the place of another + security given to the bank by the pot act; and, therefore, since it + will not be easy to form another tax of equal produce, we can have + very little hope that this will be remitted. +</p> +<p> + There will be, indeed, only one method of setting the nation free from + the calamities which this law will bring upon it; and as I doubt not + but that method will at last be followed, it will certainly deserve + the attention of your lordships, as the third consideration to which, + in our debates on this bill, particular regard ought to be paid. +</p> +<p> + That the license of drunkenness, and the unlimited consumption of + spirituous liquors, will fill the whole kingdom with idleness, + diseases, riots, and confusion, cannot be doubted; nor can it be + questioned, but that in a very short time the senate will be crowded + with petitions from all the trading bodies in the kingdom, for the + regulation of the workmen and servants, for the extinction of + turbulence and riot, and for the removal of irresistible temptations + to idleness and fraud. These representations may be for a time + neglected, but must soon or late be heard; the ministers will be + obliged to repeal this law, for the same reason that induced them to + propose it. Idleness and sickness will impair our manufactures, and + the diminution of our trade will lessen the revenue. +</p> +<p> + They will then, my lords, find that their scheme, with whatever + prospects of profit it may now flatter them, was formed with no + extensive views; and that it was only the expedient of political + avarice, which sacrificed a greater distant advantage to the immediate + satisfaction of present gain. They will find, that they have corrupted + the people without obtaining any advantage by their crime, and that + they must have recourse to some new contrivance by which their own + errours may be retrieved. +</p> +<p> + In this distress, my lords, they can only do what indeed they now seem + to design; they can only repeal this act by charging the debt, which + it has enabled them to contract, upon the sinking fund, upon that + sacred deposit which was for a time supposed unalienable, and from + which arose all the hopes that were sometimes formed by the nation, of + being delivered from that load of imposts, which it cannot much longer + support. They can only give security for this new debt, by disabling + us for ever from paying the former. +</p> +<p> + The bill now before us, my lords, will, therefore, be equally + pernicious in its immediate and remoter consequences; it will first + corrupt the people, and destroy our trade, and afterwards intercept + that fund which is appropriated to the most useful and desirable of + all political purposes, the gradual alleviation of the publick debt. +</p> +<p> + I hope, my lords, that a bill of this portentous kind, a bill big with + innumerable mischiefs, and without one beneficial tendency, will be + rejected by this house, without the form of commitment; that it will + not be the subject of a debate amongst us, whether we shall consent to + poison the nation; and that instead of inquiring, whether the measures + which are now pursued by the ministry ought to be supported at the + expense of virtue, tranquillity, and trade, we should examine, whether + they are not such as ought to be opposed for their own sake, even + without the consideration of the immense sums which they apparently + demand. +</p> +<p> + I am, indeed, of opinion, that the success of the present schemes will + not be of any benefit to the nation, and believe, likewise, that there + is very little prospect of success. I am, at least, convinced, that no + advantage can countervail the mischiefs of this detestable bill; + which, therefore, I shall steadily oppose, though I have already dwelt + upon this subject perhaps too long; yet as I speak only from an + unprejudiced regard to the publick, I hope, if any new arguments shall + be attempted, that I shall be allowed the liberty of making a reply. +</p> +<p> + Lord BATHURST replied to the following purport:—My lords, I doubt not + but the noble lord has delivered, on this occasion, his real + sentiments, and that, in his opinion, the happiness of our country, + the regard which ought always to be paid to the promotion of virtue, + require that this bill should be rejected. I am far from suspecting, + that such an appearance of zeal can conceal any private views, or that + such pathetick exclamations can proceed but from a mind really + affected with honest anxiety. +</p> +<p> + This anxiety, my lords, I shall endeavour to dissipate before it has + been communicated to others; for I think it no less the duty of every + man who approves the publick measures, to vindicate them from + misrepresentation, than of him to whom they appear pernicious or + dangerous, to warn his fellow-subjects of that danger. +</p> +<p> + I, my lords, am one of those who are convinced that the bill now + before us, which has been censured as fundamentally wrong, is in + reality fundamentally right; that the end which is proposed by it is + just, and the means which are prescribed in it will accomplish the + purpose for which they were contrived. +</p> +<p> + The end of this bill, my lords, is to diminish the consumption of + distilled spirits, to restrain the populace of these kingdoms from a + liquor which, when used in excess, has a malignity to the last degree + dangerous, which at once inebriates and poisons, impairs the force of + the understanding, and destroys the vigour of the body; and to attain + this, I think it absolutely right to lay a tax upon these liquors. +</p> +<p> + Of the vice of drunkenness, my lords, no man has a stronger abhorrence + than myself; of the pernicious consequences of these liquors, which + are now chiefly used by the common people, no man is more fully + convinced, and therefore, none can more zealously wish that + drunkenness may be suppressed, and distilled spirits withheld from the + people. +</p> +<p> + The disorders mentioned by the noble lord, are undoubtedly the + consequences of the present use of these liquors, but these are not + its worst effects. The offenders against the law, may by the law be + sometimes reclaimed, and at other times cutoff; nor can these + practices, however injurious to particular persons, in any great + degree impair the general happiness. The worst effects, therefore, of + the use of spirits, are that idleness and extravagance which it has + introduced among the common people, by which our commerce must be + obstructed, and our present riches and plenty every day diminished. +</p> +<p> + This pernicious practice, my lords, is disseminated farther than could + be reasonably believed by those whose interest has not incited, or + curiosity induced them to inquire into the practice of the different + classes of men. It is well known, that the farmers have been hitherto + distinguished by the virtues of frugality, temperance, and industry; + that they laboured hard, and spent little; and were, therefore, justly + considered as an innocent and useful part of the community, whose + employment and parsimony preserved them in a great measure from the + general infection of vice which spread its influence among the traders + and men of estates. +</p> +<p> + But even this abstemious class of men, my lords, have of late relaxed + their frugality, and suffered themselves to be tempted by this + infatuating liquor; nor is any thing now more common than to find it + in those houses in which ale, a few years ago, was the highest pitch + of luxury to which they aspired, and to see those hours wasted in + intoxicating entertainments, which were formerly dedicated wholly to + the care of their farms, and the improvement of their fortunes. +</p> +<p> + Thus, my lords, it appears, that the corruption is become universal, + and, therefore, that some remedy ought to be attempted; nor can I + conceive any measures more consistent with justice, or more likely to + produce the end intended by them, than those which are now offered to + your consideration, by which the liquor will be made dearer, too dear + to be lavishly drank by those who are in most danger of using it to + excess; and the number of those who retail it will be diminished by + the necessity of taking a license, and of renewing them every year at + the same expense. +</p> +<p> + The inefficacy, my lords, of violent methods, and the impossibility of + a total deprivation of any enjoyment which the people have by custom + made familiar and dear to them, sufficiently appears from the event of + the law which is now to be repealed. It is well known, that by that + law the use of spirituous liquors was prohibited to the common people; + that retailers were deterred from vending them by the utmost + encouragement that could be given to informers; and that discoveries + were incited by every art that could be practised, and offenders + punished with the utmost rigour. +</p> +<p> + Yet what was the effect, my lords, of all this diligence and vigour? A + general panick suppressed, for a few weeks, the practice of selling + the prohibited liquors; but, in a very short time, necessity forced + some, who had nothing to lose, to return to their former trade; these + were suffered sometimes to escape, because nothing was to be gained by + informing against them, and others were encouraged by their example to + imitate them, though with more secrecy and caution; of those, indeed, + many were punished, but many more escaped, and such as were fined + often found the profit greater than the loss. +</p> +<p> + The prospect of raising money by detecting their practices, incited + many to turn information into a trade; and the facility with which the + crime was to be proved, encouraged some to gratify their malice by + perjury, and others their avarice; so that the multitude of + informations became a publick grievance, and the magistrates + themselves complained that the law was not to be executed. +</p> +<p> + The perjuries of informers were now so flagrant and common, that the + people thought all informations malicious; or, at least, thinking + themselves oppressed by the law, they looked upon every man that + promoted its execution, as their enemy; and, therefore, now began to + declare war against informers, many of whom they treated with great + cruelty, and some they murdered in the streets. +</p> +<p> + By their obstinacy they at last wearied the magistrates, and by their + violence they intimidated those who might be inclined to make + discoveries; so that the law, however just might be the intention with + which it was enacted, or however seasonable the methods prescribed by + it, has been now for some years totally disused; nor has any one been + punished for the violation of it, because no man has dared to offer + informations. Even the vigilance of the magistrates has been obliged + to connive at these offences, nor has any man been found willing to + engage in a task, at once odious and endless, or to punish offences + which every day multiplied, and of which the whole body of the common + people, a body very formidable when united, was universally engaged. +</p> +<p> + The practice, therefore, of vending and of drinking distilled spirits, + has prevailed for some time without opposition; nor can any man enter + a tavern or an alehouse, in which they will be denied him, or walk + along the streets without being incited to drink them at every corner; + they have been sold for several years, with no less openness and + security than any other commodity; and whoever walks in this great + city, will find his way very frequently obstructed by those who are + selling these pernicious liquors to the greedy populace, or by those + who have drank them till they are unable to move. +</p> +<p> + But the strongest proof of the inefficacy of the late law, and + consequently of the necessity of another, which may not be so easily + eluded or so violently resisted, is given by the papers which lie upon + the table. From these it appears that the quantity of spirits + distilled has increased from year to year to the present time; and, + therefore, that drunkenness is become more prevalent, and the reasons + for repressing it more urgent than ever before. +</p> +<p> + Let us, therefore, calmly consider, my lords, what can in this + exigence be done; that the people should be allowed to poison + themselves and their posterity without restraint, is certainly not the + intent of any good man; and therefore we are now to consider how it + may be prevented. That the people are infected with the vice of + drunkenness, that they debauch themselves chiefly with spirituous + liquors, and that those liquors are in a high degree pernicious, is + confessed both by those who oppose the bill, and those who defend it; + but with this advantage on the part of those that defend it, that they + only propose a probable method of reforming the abuses which they + deplore. I know that the warm resentment which some lords have on + former occasions expressed against the disorders which distilled + liquors are supposed to produce, may naturally incline them to wish + that they were totally prohibited, and that this <i>liquid fire</i>, as it + has been termed, were to be extinguished for ever. +</p> +<p> + Whether such wishes are not more ardent than rational; whether their + zeal against the abuse of things, indifferent in themselves, has not, + as has often happened in other cases, hurried them into an indiscreet + censure of the lawful use, I shall not now inquire; because it is + superfluous to dispute about the propriety of measures, of which the + possibility may be justly questioned. +</p> +<p> + This last act, my lords, was of this kind; the duties established by + it were so high that they wholly debarred the lower classes of the, + people from the liquor on which they were laid; and, therefore, it was + found by a very short experience, that it was impossible to preserve + it from violation; that there would be no end of punishing those who + offended against it; and that severity produced rather compassion than + terrour. Those who have suffered the penalties were considered as + persons under unjust persecution, whom every one was obliged by the + ties of humanity to encourage, reward, and protect; and those who + informed against them, or encouraged informations, were detested, as + the oppressors of the people. The law had, indeed, this effect, that + it debarred, at least for a short time, all those from retailing + spirits who lived in reputation; and, therefore, encouraged others to + vend them in private places, where they were more likely to be drank + to excess. +</p> +<p> + Having, therefore, made trial of violent and severe methods, and had + an opportunity of obtaining a full conviction of their inefficacy, it + is surely proper to profit by our experience, by that experience which + shows us that the use of distilled liquors, under its present + discouragements, has every year increased; and, therefore, proves at + once the unprofitableness of the law now in force, and the necessity + of some other by which the same purposes may be more certainly + promoted. +</p> +<p> + The reformation of a vice so prevalent must be slow and gradual; for + it is not to be hoped, that the whole bulk of the people will at once + be divested of their habits; and, therefore, it will be rational to + endeavour, not wholly to debar them from any thing in which, however + absurdly, they place their happiness, but to make the attainment of it + more and more difficult, that they may insensibly remit their ardour, + and cease from their pursuit. +</p> +<p> + This, my lords, is proposed in the present bill, which, by the duties + which are to be laid upon distilled spirits, will raise the price a + third part, and as it is reasonable to expect, hinder a third part of + the consumption; for it is observed, that those who drink them set no + limits to their excesses, but indulge their appetites to the utmost of + their power; if he, therefore, who used to spend threepence a-day in + spirits, can now have no more than could formerly be bought for + twopence, he must necessarily content himself with only two thirds of + the quantity which he has hitherto drank; and, therefore, must by + force, though, perhaps, not by inclination, be less intemperate. +</p> +<p> + It is not to be doubted, my lords, but that spirits will, by this + additional duty, be made one third part dearer; for it has been + hitherto observed, that retailers levy upon the buyer twice the duty + that is paid to the government, as is every day apparent in other + commodities; so that the yearly quantity of spirits which is usually + distilled will cost five hundred thousand pounds more than before, a + tax which, I suppose, those who are charged with this kind of + debauchery will not be supposed able to pay, and which yet must be + paid by them, unless they will be content with a less quantity. +</p> +<p> + That spirits will now be sold in every publick-house, of whatever + denomination, has been, I believe, justly asserted; but the assertion + has not been properly urged as an argument against the bill. One of + the circumstances which has contributed to the enormous abuse of these + liquors, has been the practice of retailing them in obscure places, by + persons without character and without money; who, therefore, neither + feared penalties nor infamy, and offended against law and decency with + equal security. But when the cheapness of licenses shall make it + convenient for every man that pleases to retail spirits in a publick + manner, they will be generally drank in houses visited by publick + officers, observed by the neighbouring inhabitants, and frequented by + persons of morals and civility, who will always endeavour to restrain + all enormous excesses, and oblige the masters of the houses to pay + some regard to the laws. Those whose appetites are too importunate to + be restrained, may now gratify them without being tempted to enter + into houses of infamy, or mingling with beggars, or thieves, or + 'profligates; and, therefore, though the use of spirits should + continue the same, its consequences will be less fatal, since they may + be had without the necessity of associating with wickedness. +</p> +<p> + But, my lords, it is not improbable, that by this bill the number of + retailers, at least in this city, where they are most pernicious, may + be lessened. It is well known, that the reason for which they are sold + in cellars, and in the streets, is the danger of retailing them in + other places; and that if they were generally sold by those who could + procure the best of each sort, these petty traders would be + immediately undone; for it is reasonable to imagine, my lords, that + they buy the cheapest liquors, and sell them at the dearest rate. +</p> +<p> + When, therefore, reputable houses shall be opened for the sale of + these liquors, decency will restrain some, and prudence will hinder + others from endangering their health by purchasing those liquors which + are offered in the street, and from hazarding their morals, or perhaps + their lives, by drinking to excess in obscure places. +</p> +<p> + It is likewise to be remembered, my lords, that many of those who now + poison their countrymen with petty shops of debauchery, are not able + to purchase a license, even at the cheap rate at which it is now + proposed, and that therefore they will be restrained from their trade + by a legal inability; for it is not, my lords, to be imagined, that + they will be defended with equal zeal by the populace, when the + liquors may be had without their assistance, nor will information be + equally infamous, when it is not the act only of profligates, who + pursue the practice of it as a trade, but of the proper officers of + every place, incited by the lawful venders of the same commodities, or + of the venders themselves, who will now be numerous enough to protect + each other, and whom their common interest will incite against + clandestine dealers. +</p> +<p> + The price of licenses, therefore, appears to me very happily adjusted: + had it been greater there would not have been a sufficient number of + lawful retailers to put a stop to clandestine sellers; and if it was + lower, every petty dealer in this commodity might, by pretending to + keep an alehouse, continue the practice of affording an harbour to + thieves, and of propagating debauchery. +</p> +<p> + Thus, my lords, it appears to me that the bill will lessen the + consumption of these destructive spirits, certainly in a great degree, + by raising the price, and probably by transferring the trade of + selling them into more reputable hands. What more can be done by human + care or industry I do not conceive. To prohibit the use of them is + impossible, to raise the price of them to the same height with that of + foreign spirits, is, indeed, practicable, but surely at this time no + eligible method; for so general is this kind of debauchery, that no + degree of expense would entirely suppress it; and as foreign spirits, + if they were to be sold at the same price, would always be preferred + to our own, we should only send into other nations that money which + now circulates among ourselves, and impoverish the people without + reforming them. +</p> +<p> + The regulation provided by the bill before us is, therefore, in my + opinion, the most likely method for recovering the ancient industry + and sobriety of the common people; and, my lords, I shall approve it, + till experience has shown it to be defective. I shall approve it, not + with a view of obtaining or securing the favour of any of those who + may be thought to interest themselves in its success, but because I + find some new law for this purpose indispensably necessary, and + believe that no better can be contrived. We are now, my lords, to + contend with the passions of all the common people. We are + endeavouring to reform a vice almost universal; a vice which, however + destructive, is now no longer reproachful. We have tried the force of + violent methods and found them unsuccessful; we are now, therefore, to + treat the vulgar as children, with a kind of artful indulgence, and to + take from them secretly, and by degrees, what cannot be wholly denied + them, without exasperating them almost to rebellion. This is the first + attempt, and by this, if one third of the consumption be diminished, + we may next year double the duty, and, by a new augmentation of the + price, take away another third, and what will then be drank, will, + perhaps, by the strictest moralists, be allowed to be rather + beneficial than hurtful. By this gradual procedure, we shall give + those, who have accustomed themselves to this liquor, time to reclaim + their appetites, and those that live by distilling, opportunities of + engaging in some other employment; we shall remove the distemper of + the publick, without any painful remedies, and shall reform the people + insensibly, without exasperating or persecuting them. +</p> +<p> + The bishop of OXFORD spoke to the following purport:—My lords, as I + am not yet convinced of the expedience of the bill now before us, nor + can discover any reason for believing that the advantages will + countervail the mischiefs which it will produce, I think it my duty to + declare, that I shall oppose it, as destructive to virtue, and + contrary to the inviolable rules of religion. +</p> +<p> + It appears to me, my lords, that the liberty of selling liquors, which + are allowed to be equally injurious to health and virtue, will by this + law become general and boundless; and I can discover no reason for + doubting that the purchasers will be multiplied by increasing the + numbers of the venders, and the increase of the sale of distilled + spirits, and the propagation of all kinds of wickedness are the same; + I must conclude that bill to be destructive to the publick by which + the sale of spirits will be increased. +</p> +<p> + It has been urged that other more vigorous methods have been tried, + and that they are now to be laid aside, because experience has shown + them to be ineffectual, because the people unanimously asserted the + privilege of debauchery, opposed the execution of justice, and pursued + those with the utmost malice that offered informations. +</p> +<p> + I should think, my lords, that government approaching to its + dissolution, that was reduced to submit its decrees to their judgment + who are chiefly accused of the abuse of these liquors; for surely, + when the lowest, the most corrupt part of the people, have obtained + such a degree of influence as to dictate to the legislature those laws + by which they expect to be governed, all subordination is at an end. +</p> +<p> + This, my lords, I hope I shall never see the state of my own country: + I hope I shall never see the government without authority to enforce + obedience to the laws, nor have I, indeed, seen any such weakness on + this occasion: the opposition that was made, and the discontent that + was excited, were no greater than might be reasonably expected, when + the vice which was to be reformed was so enormously predominant; nor + was the effect of the law less than any one who foresaw such + opposition might reasonably have conceived. +</p> +<p> + In this city alone there were, before the commencement of that law, + fifteen hundred large shops, in which no other trade was carried on + than that of retailing these pernicious liquors; in which no + temptation to debauchery was forgotten; and, what cannot be mentioned + without horrour, back rooms and secret places were contrived for + receptacles of those who had drank till they had lost their reason and + their limbs; there they were crowded together till they recovered + strength sufficient to go away or drink more. +</p> +<p> + These pestilential shops, these storehouses of mischief, will, upon + the encouragement which this law will give them, be set open again; + new invitations will be hung out to catch the eyes of passengers, who + will again be enticed with promises of being made drunk for a penny, + and that universal debauchery and astonishing licentiousness which + gave occasion to the former act will return upon us. +</p> +<p> + It is to little purpose, my lords, that the licenses for selling + distilled spirits are to be granted only to those who profess to keep + houses for the sale of other liquors, since nothing will be more easy + than to elude this part of the law. Whoever is inclined to open a shop + for the retail of spirits, may take a license for selling ale; and the + sale of one barrel of more innocent liquors in a year will entitle to + dispense poison with impunity, and to contribute without control to + the corruption of mankind. +</p> +<p> + It is confessed, that since this law was made, these liquors, have + been sold only at corners of the streets in petty shops, and in + private cellars; and, therefore, it must be allowed, that if the + consumption has increased, it, has, at least, increased less than if + the free and open sale had been permitted; for the necessity of + secrecy is always a restraint, and every restraint must in some degree + obstruct any practice, since those that follow it under restraint + would pursue it more vigorously, if that restraint were taken away; + and those that are now totally hindered, would, at least, be more + strongly tempted by greater liberty; and where the temptation is more + powerful, more will probably be overcome by it. +</p> +<p> + But, my lords, however the law may in this crowded city have been + eluded and defied, however drunkenness may here have been protected by + the insolence which it produces, and crimes have been sheltered by the + multitudes of offenders, I am informed, that in parts less populous, + the efficacy of the late act never was denied; and that it has in many + parts rescued the people from the miseries of debauchery, and only + failed in others by the negligence of those to whom the execution of + it was committed. +</p> +<p> + Negligently and faintly as it was executed, it did in effect hinder + many from pursuing this destructive kind of trade; and even in the + metropolis itself, almost a total stop was for a time put to the use + of spirits; and had the magistrates performed their duty with + steadiness and resolution, it is probable, that no plea would have + arisen in favour of this bill from the inefficacy of the last. +</p> +<p> + I cannot, indeed, deny, that the multitude of false informers + furnished the magistrates with a very specious pretence for relaxing + their vigilance; but it was only, my lords, a specious pretence, not a + warrantable reason; for the same diligence should have been used to + punish false informers as clandestine retailers; the traders in poison + and in perjury should have been both pursued with incessant vigour, + the sword of justice should have been drawn against them, nor should + it have been laid aside, till either species of wickedness had been + exterminated. +</p> +<p> + In the execution of this, as of other penal laws, my lords, it will be + always possible for the judge to be misled by false testimonies; and, + therefore, the argument which false informations furnish may be used + against every other law, where information is encouraged. Yet, my + lords, it has been long the practice of this nation to incite + criminals to detect each other; and when any enormous crime is + committed, to proclaim at once pardon and rewards to him that shall + discover his accomplices. This, my lords, is an apparent temptation to + perjury; and yet no inconvenieucies have arisen from it, that can + reasonably induce us to lay it aside. +</p> +<p> + Perjury may in the execution of this law be detected by the same means + as on other occasions; and whenever it is detected, ought to be + rigorously punished; and I doubt not but in a short time the + <i>difficulties</i> and <i>inconveniencies</i> which are asserted in the + preamble of this bill to have <i>attended the putting the late act in + execution</i>, would speedily have vanished; the number of delinquents + would have been every day lessened, and the virtue and industry of the + nation would have been restored. +</p> +<p> + It is not, indeed, asserted, that the execution of the late act was + impossible, but that it was attended with difficulties; and when, my + lords, was any design of great importance effected without + difficulties? It is difficult, without doubt, to restrain a nation + from vice; and to reform a nation already corrupted, is still more + difficult. But as both, however difficult, are necessary, it is the + duty of government to endeavour them, till it shall appear that no + endeavours can succeed. +</p> +<p> + For my part, my lords, I am not easily persuaded to believe that + remissness will succeed, where assiduity has failed; and, therefore, + if it be true, as is supposed in the preamble, that the former act was + ineffectual by any defects in itself, I cannot conceive that this will + operate with greater force. I cannot imagine that appetites will be + weakened by lessening the danger of gratifying them, or that men who + will break down the fences of the law to possess themselves of what + long habits have, in their opinion, made necessary to them, will + neglect it, merely because it is laid in their way. +</p> +<p> + With regard to this act, my lords, it is to be inquired, whether it is + likely to be executed with more diligence than the former, and whether + the same obstacles may not equally obstruct the execution of both. +</p> +<p> + The great difficulty of the former method, a method certainly in + itself reasonable and efficacious, arose from the necessity of + receiving informations from the meanest and most profligate of the + people, who were often tempted to lay hold of the opportunities which + that law put into their hands, of relieving their wants, or gratifying + their resentment; and very frequently intimidated the innocent by + threats of accusations, which were not easily to be confuted. They + were, therefore, equally dangerous to those that obeyed the act, and + to those that disregarded it; for they sometimes put their threats in + execution, and raised prosecutions against those who had committed no + other crime than that of refusing to bribe them to silence. +</p> +<p> + An abuse so notorious, my lords, produced a general detestation of all + informers, or, at least, concurred with other causes to produce it; + and that detestation became so prevalent in the minds of the populace, + that at last it became to the highest degree dangerous to attempt the + conviction of those, who, in the most open and contemptuous manner, + every day violated the laws of their country; and in time the + retailers trusting to the protection of the people, laid aside all + cautions, at least in this great city, and prosecuted their former + practice with the utmost security. +</p> +<p> + This, my lords, was the chief difficulty and inconvenience hitherto + discovered in the law which is now to be repealed. Thus was its + execution obstructed, and the provisions enacted by it made + ineffectual. This defect, therefore, ought to be chiefly regarded in + any new regulations. But what securities, my lords, are provided + against the same evil in the bill before us? Or why should we imagine + that this law will be executed with less opposition than the last? + The informers will undoubtedly be of the same class as before; they + are still to be incited by a reward; and, therefore, it may be + reasonably feared, that they will act upon the same motives, and be + persecuted with the same fury. +</p> +<p> + To obviate this inconvenience appears to me very easy, by converting + the duty upon licenses to a large duty upon the liquors to be paid by + the distiller; the payment of which will be carefully exacted by + proper officers, who, though their employment is not very reputable, + pursue it at least without any personal danger; and who inform their + superiours of any attempts to defraud the revenue, without being + censured as officious or revengeful, and, therefore, are without any + terrours to hinder them from their duty. +</p> +<p> + It has been asserted, indeed, that the price of a license is now so + small, that none who are inclined to deal in spirits will neglect to + secure themselves from punishment and vexation by procuring it; and + that no man will subject himself to the malice of a profligate, by + carrying on an illicit trade, which the annual expense of twenty + shillings will make legal. +</p> +<p> + If this argument be just, my lords, and to the greatest part of this + assembly I believe it will appear very plausible, how will this law + lessen the consumption of distilled liquors? It is confessed that it + will hinder nobody from selling them; and it has been found, by + experience, that nothing can restrain the people from buying them, but + such laws as hinder them from being sold. +</p> +<p> + This plea, therefore, by removing an objection to a particular clause, + will strengthen the great argument against the tenour of the bill, + that instead of lessening, it will increase the consumption of those + liquors which are allowed to be destructive to the people, to enfeeble + the body, and to vitiate the mind, and, consequently, to impair the + strength and commerce of the nation, and to destroy the happiness and + security of life. +</p> +<p> + That the cheapness of licenses will induce multitudes to buy them, may + be expected; but it cannot be hoped that every one will cease to sell + spirits without a license; for they, are, as I am informed, offered + every hour in the streets by those to whom twenty shillings make a + very large sum, and who, therefore, will not, or cannot purchase a + license. These ought, undoubtedly, to be detected and punished; but + there is no provision made for discovering them, but what has been + found already to be ineffectual. +</p> +<p> + It appears, therefore, my lords, that this bill will increase the + number of lawful retailers, without diminishing that of private + dealers; so that the opportunities of debauchery will be multiplied, + in proportion to the numbers who shall take licenses. +</p> +<p> + There is another fallacy by which the duties upon distilled liquors + have been hitherto avoided, and which will still make this bill + equally useless as the former, for the ends which are to be promoted + by it. +</p> +<p> + It is expected, my lords, by those who purchase spirits from the + distillers, that they should be of a certain degree of strength, which + they call proof: if they are of a lower degree, their price is + diminished; and if of a higher, it is raised proportionally; because + if the spirits exceed the degree of strength required, they may be + mixed with other liquors of little value, and still be sold to the + drinker at the common price. +</p> +<p> + It is, therefore, the practice of the distillers to give their spirits + thrice the degree of strength required, by which contrivance, though + they pay only the duty of one pint, they sell their liquors at the + price of three; because it may be increased to thrice the quantity + distilled, and yet retain sufficient strength to promote the purposes + of wickedness. +</p> +<p> + This practice, my lords, should be likewise obviated; for while one + gallon, after having paid the present low duty which is laid upon it, + may be multiplied to three, the additional price will, in the small + quantities which are usually demanded, become imperceptible. +</p> +<p> + But to show yet farther the inefficacy of this bill, let us suppose, + what will not be found by experience, that a halfpenny is added to the + price of every pint, it will yet be very practicable to revel in + drunkenness for a penny, since a very small quantity of these hateful + liquors is sufficient to intoxicate those who have not been habituated + to the use of them; who though their reformation is, undoubtedly, to + be desired, do not so much demand the care of the legislature, as + those who are yet untainted with this pernicious practice, and who + may, perhaps, by the frequency of temptation, and the prevalence of + example, be induced in time to taste these execrable liquors, and + perish in their first essays of debauchery. For such is the quality of + these spirits, that they are sometimes fatal to those who indiscreetly + venture upon them without caution, and whose stomachs have not been + prepared for large draughts, by proper gradations of intemperance; a + single spoonful has been found sufficient to hurry two children to the + grave. +</p> +<p> + It is, therefore, my opinion, that those whose stations and + employments make it their duty to superintend the conduct of their + fellow-subjects, ought to contrive some other law on this occasion; + ought to endeavour to rescue the common people from the infatuation + which is become general amongst them, and to withhold from them the + means of wickedness. That instead of complying with their prejudices, + and flattering their appetites, they should exert that authority with + which they are intrusted in a steady and resolute opposition to + predominant vices; and without having recourse to gentle arts, and + temporizing expedients, snatch out of their hands at once those + instruments which are only of use for criminal purposes, and take from + their mouths that draught with which, however delicious it may seem, + they poison at once themselves and their posterity. +</p> +<p> + The only argument which can be offered in defence of this bill, is the + necessity of supporting the expenses of the war, and the difficulty of + raising money by any other method. The necessity of the war, my lords, + I am not about to call in question, nor is it very consistent with my + character to examine the method in which it has been carried on; but + this I can boldly assert, that however just, however necessary, + however prudently prosecuted, and however successfully concluded, it + can produce no advantages equivalent to the national sobriety and + industry, and am certain that no publick advantage ought to be + purchased at the expense of publick virtue. +</p> +<p> + But, my lords, I hope we are not yet reduced to the unhappy choice + either of corrupting our people, or submitting to our enemies; nor do + I doubt but that supplies may be obtained by methods less pernicious + to the publick, and that funds sufficient for the present occasion may + be established without a legal establishment of drunkenness. +</p> +<p> + I hope, my lords, we shall not suffer our endeavours to be baffled by + the obstinacy of drunkards; and that we shall not desist from + endeavouring the recovery of the nation from this hateful vice, + because our first attempt has failed, since it failed only by the + negligence or the cowardice of those whose duty required them to + promote the execution of a just law. +</p> +<p> + Against the bill now before us I have thought it my duty to declare, + as it appears to me opposite to every principle of virtue, and every + just purpose of government; and therefore, though I have engrossed so + much of your time in speaking on a subject with which it cannot + reasonably be expected that I should be well acquainted, I hope I + shall easily be pardoned by your lordships, since I have no private + views either of interest or resentment to promote, and have spoken + only what my conscience dictates, and my duty requires. +</p> +<p> + Lord TALBOT then rose up, and spoke to the following purport:—My + lords, I am ashamed that there should be any necessity of opposing in + this assembly a bill like that which is now before us; a bill crowded + with absurdities, which no strength of eloquence can exaggerate, nor + any force of reason make more evident. +</p> +<p> + This bill, my lords, is, however, the first proof that our new + ministers have given of their capacity for the task which they have + undertaken; this is a specimen of their sagacity, and is designed by + them as an instance of the gentle methods by which the expenses of the + government are hereafter to be levied upon the people. The nation + shall no longer see its manufactures subjected to imposts, nor the + fruits of industry taken from the laborious artificer; but drunkenness + shall hereafter supply what has hitherto been paid by diligence and + traffick; the restraints of vice shall be taken away, the barriers of + virtue and religion broken, and an universal licentiousness shall + overspread the land, that the schemes of the ministry may be executed. +</p> +<p> + What are the projects, my lords, that are to be pursued by such means, + it is not my present purpose to inquire: it is not necessary to add + any aggravations to the present charge, or to examine what has been + the former conduct, or what will be the future actions of men who lie + open by their present proposal to the most atrocious accusations; who + are publickly endeavouring the propagation of the most pernicious of + all vices, who are laying poison in the way of their countrymen, + poison by which not only the body, but the mind is contaminated; who + are attempting to establish by a law a practice productive of all the + miseries to which human nature is incident; a practice which will at + once disperse diseases and sedition, and promote beggary and + rebellion. +</p> +<p> + This, my lords, is the expedient by which the acuteness of our + ministry proposes to raise the supplies of the present year, and by + this they hope to convince the nation that they are qualified for the + high trusts to which they are advanced; and that they owe their + exaltation only to the superiority of their abilities, the extent of + their knowledge, and the maturity of their experience: by this + masterstroke of policy they hope to lay for their authority a firm and + durable foundation, and to possess themselves, by this happy + contrivance, at once of the confidence of the crown, and the + affections of the people. +</p> +<p> + But, my lords, I am so little convinced of their abilities, that + amidst all the exultation which this new scheme produces, I will + venture to predict the decline of their influence, and to fix the + period of their greatness; for I am persuaded, that notwithstanding + the readiness with which they have hitherto sacrificed the interest of + their country, notwithstanding the desperate precipitation with which + they have blindly engaged in the most dangerous measures, they will + not be able to continue a year in their present stations. +</p> +<p> + The bill now under our consideration, my lords, will undoubtedly make + all those their enemies whom it does not corrupt; for what can be + expected from it, but universal disorder and boundless wickedness? + wickedness made insolent by the protection of the law, and disorder + promoted by all those whose wealth is increased by the increase of the + revenues of the government. +</p> +<p> + Had it been urged, my lords, in defence of this bill, that it was + necessary to raise money, and that money could only be raised by + increasing the consumption of distilled spirits, it would have been + apparent that it was well calculated to promote the purposes intended; + but, surely, to assert that it will obstruct the use of these liquors, + is to discover a degree either of ignorance, of effrontery, or of + folly, by which few statesmen have been, hitherto, distinguished. +</p> +<p> + If we receive, without examination, the estimates which have been laid + down, and allow the duty to rise as high as those by whom it is + projected have ventured to assert, the price of these liquors can be + raised but a halfpenny a pint; and there are few, even among the + lowest of those who indulge themselves in this fatal luxury, whom the + want of a single halfpenny can often debar from it. +</p> +<p> + And though these accurate calculators should insist that men may + sometimes be compelled to sobriety by this addition to the expense of + being drunk, yet how far will this restraint be found from being + equivalent to the new temptation, which will be thrown into the way of + thousands, yet uncorrupted by the multitude of new shops that will be + opened for the distribution of poison, 'and the security which + debauchery will obtain from the countenance of the legislature. +</p> +<p> + What will be the consequences of any encouragement given to a vice + already almost irresistibly prevalent, I cannot determine; but surely + nothing is too dismal to be expected from universal drunkenness, from + a general depravity of all the most useful part of mankind, from an + epidemical fury of debauchery, and an unbounded exemption from + restraint. +</p> +<p> + How little any encouragement is wanting to promote the consumption of + those execrable liquors, how much it concerns every man who has been + informed of their quality, and who has seen their consequences, to + oppose the use of them with his utmost influence, appears from the + enormous quantity which the stills of this nation annually produce. +</p> +<p> + The number of gallons which appears from the accounts on the table to + have been consumed last year, is seven millions; 'a quantity + sufficient to-destroy the health, interrupt the labour, and deprave + the morals of a very great part of the nation; a quantity which, if it + be suffered to continue undiminished, will, even without any legal + encouragement of its use, in a short time destroy the happiness of the + publick; and by impairing the strength, and lessening the number of + manufacturers and labourers, introduce poverty and famine. +</p> +<p> + Instead, therefore, of promoting a practice so evidently detrimental + to society, let us oppose it with the most vigorous efforts; let us + begin our opposition by rejecting this bill, and then consider whether + the execution of the former law shall be—enforced, or whether another + more efficacious can be formed. +</p> +<p> + Lord CHOLMONDELEY then spoke to the following effect:—My lords, + though it is undoubtedly the right of every person in this assembly to + utter his sentiments with freedom, yet surely decency ought to + restrain us from virulent, and justice from undeserved reproaches; we + ought not to censure any conduct with more severity than it deserves, + nor condemn any man for practices of which he is innocent. +</p> +<p> + This rule, which will not, I suppose, be controverted, has not, in my + opinion, been very carefully observed in this debate; for surely + nothing is more unjust than to assert or insinuate that the government + has looked idly upon the advances of debauchery, or has suffered + drunkenness to prevail without opposition. +</p> +<p> + Of the care with which this licentiousness has been opposed, no other + proof can be required, than the laws which have, in the present reign, + been made against it. Soon after the succession of his majesty, the + use of compound spirits was prohibited; but this law being eluded by + substituting liquors, so drawn as not to be included in the statutes, + it was soon after repealed; and the people were, for a time, indeed, + suffered to drink distilled liquors without restraint, because a + proper method of restraining them was not easily to be found. +</p> +<p> + How-difficult it was to contrive means by which this vice might + safely be prevented, appeared more plainly soon afterwards, when the + outrageous licentiousness of the populace made it necessary to + contrive some new law by which the use of that liquor might be + prohibited, to which so much insolence, idleness, and dissoluteness + were imputed. +</p> +<p> + The law which it is now proposed to repeal, was then zealously + promoted by those who were then most distinguished for their virtue + and their prudence. Every man who had any regard for the happiness of + the publick, was alarmed at the inundation of licentiousness that + overflowed this city, and began to spread itself to the remoter parts + of the kingdom; and it was determined that nothing but a total. + prohibition of distilled liquors could preserve the peace, and restore + the virtue of the nation. +</p> +<p> + A law was therefore made, which prohibited the retail of distilled + spirits; and it was expected that the people would immediately return + to the use of more innocent and healthful liquors, and that the new + art of sudden intoxication would be wholly suppressed; but with how + little knowledge of the dispositions of the nation this hope was + formed, the event quickly discovered; for no sooner was the darling + liquor withheld, than a general murmur was raised over all parts of + this great city; and all the lower orders of the people testified + their discontent in the most open manner. Multitudes were immediately + tempted by the prospect of uncommon gain, to retail the prohibited + liquors; of these many were detected, and many punished; and the trade + of information was so lucrative, and so closely followed, that there + was no doubt but the law would produce the effect expected from it, + and that the most obstinate retailers would, by repeated prosecutions, + be discouraged from the practice. +</p> +<p> + But no sooner did the people find their favourite gratification in + real danger, than they unanimously engaged in its defence; they + discovered that without informers, the new law was without operation; + and the informers were, therefore, persecuted by them without mercy, + and without remission, till at last no man would venture to provoke + the resentment of the populace for the reward to which information + entitled him. +</p> +<p> + Thus, my lords, one law has been eluded by artifice, and another + defeated by violence; the practice of drinking spirits, however + pernicious, still continued to prevail; the magistrates could not + punish a crime of which they were not informed, and they could obtain + no information of a practice vindicated by the populace. +</p> +<p> + It is not, indeed, to be allowed that the custom of drinking distilled + liquors, however prevalent, has yet arisen to the height at which the + noble lord, who spoke last, seems to imagine it arrived; for though it + is undoubtedly true that seven millions of gallons are annually + distilled, it is not to be imagined that the whole quantity is wasted + in debauchery! some is, exhausted by the necessities, and some by the + conveniencies of life; a great part is exported to other countries, + and the distillery promotes many other purposes than those of riot and + licentiousness. +</p> +<p> + That too much, however, is used by the common people, and that + intemperance has for some time prevailed in a degree unknown to any + former age, cannot be denied; and, therefore, some means of reclaiming + them ought to be tried. What then, my lords, is to be done? The first + law was eluded, the second is defied: the first was executed, but + produced no restraint; the second produces a restraint so violent, + that it cannot be executed. +</p> +<p> + That the present law is ineffectual, cannot be doubted by those who + assert, that the quantity of spirits distilled has every year + increased; and there seems to remain, therefore, no other choice than + that of suffering this increase to proceed, or to endeavour to prevent + it by new regulations. The present law ought to be repealed, because + it is useless; but surely some other ought to supply its place, which + may be more easily enforced, and less violently opposed. +</p> +<p> + The bill now before us, my lords, will, in my opinion, answer all the + purposes of the last, without noise, and without disturbance. By + lessening the price of licenses, it will put a stop to clandestine + retail; and by raising that of the liquors, it will hinder the common + people from drinking them in their usual excess. Those who have + hitherto lost their reason and limbs twice a-day by their drunkenness, + will not be able, under the intended regulations, to commit the same + crime twice in a week; and as the temptation of cheapness will be + taken away, it may be hoped that the next generation will not fall + into the same vice. +</p> +<p> + Since, therefore, my lords, the arguments in favour of this bill are + at least plausible and specious; since the design appears to be worthy + of this assembly, and the method proposed such as may be hoped to + produce the effects which the projectors of the bill desire; and since + the opinions of this house are at least divided, and the other has + passed it almost without opposition, we ought at least, in my opinion, + not to reject it with precipitation, but to refer it to a committee, + that it may be fully considered; and those objections which cannot be + answered, removed by proper alterations. +</p> +<p> + Lord CARTERET spoke to the following purport:—My lords, the bill now + under our consideration appears to me to deserve a much more close + regard than seems to have been paid to it in the other house, through + which it was hurried with the utmost precipitation, and where it was + passed, almost without the formality of a debate; nor can I think that + earnestness with which some lords seem inclined to press it forward + here, consistent with the importance of the consequences which may be + with great reason expected from it, +</p> +<p> + It has been urged, that where so great a number have formed + expectations of a national benefit from any bill, so much deference, + at least, is due to their judgment, as that the bill should be + considered in a committee. This, my lords, I admit to be in other + cases a just and reasonable demand, and will readily allow that the + proposal not only of a considerable number, but even of any single + lord, ought to be fully examined, and regularly debated, according to + the usual forms of this assembly. But in the present case, my lords, + and in all cases like the present, this demand is improper, because it + is useless; and it is useless, because we can do now all that we can + do hereafter in a committee. For the bill before us is a money bill, + which, according to the present opinion of the commons, we have no + right to amend; and which, therefore, we have no need of considering + in a committee, since the event of all our deliberations must be, that + we are either to reject or pass it in its present state. For I suppose + no lord will think this a proper time to enter into a controversy with + the commons for the revival of those privileges to which I believe we + have a right, and such a controversy the least attempt to amend a + money bill will certainly produce. +</p> +<p> + To desire, therefore, my lords, that this bill may be considered in a + committee, is only to desire that it may gain one step without + opposition; that it may proceed through the forms of the house by + stealth, and that the consideration of it maybe delayed till the + exigencies of the government shall be so great as not to allow time + for raising the supplies by any other method. +</p> +<p> + By this artifice, gross as it is, the patrons of this wonderful bill + hope to obstruct a plain and open detection of its tendency. They + hope, my lords, that the bill shall operate in the same manner with + the liquor which it is intended to bring into more general use; and + that as those that drink spirits are drunk before they are well aware + that they are drinking, the effects of this law shall be perceived + before we know that we have made it. Their intent is to give us a dram + of policy, which is to be swallowed before it is tasted, and which, + when once it is swallowed, will turn our heads. +</p> +<p> + But, my lords, I hope we shall be so cautious as to examine the + draught which these state empirics have thought proper to offer us; + and I am confident that a very little examination will convince us of + the pernicious qualities of their new preparation, and show that it + can have no other effect than that of poisoning the publick. +</p> +<p> + The law before us, my lords, seems to be the effect of that practice, + of which it is intended likewise to be the cause, and to be dictated + by the liquor of which it so effectually promotes the use; for surely + it never before was conceived, by any man intrusted with the + administration of publick affairs, to raise taxes by the destruction + of the people. +</p> +<p> + Nothing, my lords, but the destruction of all the most laborious and + useful part of the nation can be expected, from the license which is + now proposed to be given not only to drunkenness, but to drunkenness + of the most detestable and dangerous kind, to the abuse not only of + intoxicating, but of poisonous liquors. +</p> +<p> + Nothing, my lords, is more absurd than to assert, that the use of + spirits will be hindered by the bill now before us, or indeed that it + will not be in a very great degree promoted by it. For what produces + all kind of wickedness, but the prospect of impunity on one part, or + the solicitation of opportunity on the other; either of these has too + frequently been sufficient to overpower the sense of morality, and + even of religion; and what is not to be feared from them, when they + shall unite their force, and operate together; when temptations shall + be increased, and terrour taken away? +</p> +<p> + It is allowed by those who have hitherto disputed on either side of + this question, that the people appear obstinately enamoured of this + new liquor; it is allowed on both parts, that this liquor corrupts the + mind, enervates the body, and destroys vigour and virtue at the same + time; that it makes those who drink it too idle and too feeble for + work; and, while it impoverishes them by the present expense, disables + them from retrieving its ill consequences by subsequent industry. +</p> +<p> + It might be imagined, my lords, that those who had thus far agreed + would not easily find any occasion of dispute; nor would any man, + unacquainted with the motives by which senatorial debates are too + often influenced, suspect, that after the pernicious qualities of this + liquor, and the general inclination among the people to the immoderate + use of it, had been generally admitted, it could be afterwards + inquired, whether it ought to be made more common, whether this + universal thirst for poison ought to be encouraged by the legislature, + and whether a new statute ought to be made to secure drunkards in the + gratification, of their appetites. +</p> +<p> + To pretend, my lords, that the design of this bill is to prevent or + diminish the use of spirits, is to trample upon common sense, and to + violate the rules of decency as well as of reason. For when did any + man hear, that a commodity was prohibited by licensing its sale? or + that to offer and refuse is the same action? +</p> +<p> + It is, indeed, pleaded, that it will be made dearer by the tax which + is proposed, and that the increase of the price will diminish the + numbers of the purchasers; but it is at the same time expected, that + this tax shall supply the expense of a war on the continent: it is + asserted, therefore, that the consumption of spirits will be hindered, + and yet that it will be such as may be expected to furnish, from a + very small tax, a revenue sufficient for the support of armies, for + the reestablishment of the Austrian family, and the repression of the + attempts of France. +</p> +<p> + Surely, my lords, these expectations are not very consistent, nor can + it be imagined that they are both formed in the same head, though they + may be expressed by the same mouth. It is, however, some + recommendation of a statesman, when of his assertions one can be found + reasonable or true; and this praise cannot be denied to our present + ministers; for though it is undoubtedly false, that this tax will + lessen the consumption of spirits, it is certainly true, that it will + produce a very large revenue, a revenue that will not fail but with + the people from whose debaucheries it arises. +</p> +<p> + Our ministers will, therefore, have the same honour with their + predecessors, of having given rise to a new fund, not indeed for the + payment of our debts, but for much more valuable purposes, for the + exaltation of our hearts under oppression, for the elevation of our + spirits amidst miscarriages and disappointments, and for the cheerful + support of those debts which we have lost hopes of paying. They are + resolved, my lords, that the nation, which nothing can make wise, + shall, while they are at its head, at least be merry; and since + publick happiness is the end of government, they seem to imagine that + they shall deserve applause by an expedient, which will enable every + man to lay his cares asleep, to drown sorrow, and lose in the delights + of drunkenness both the publick miseries and his own. +</p> +<p> + Surely, my lords, men of this unbounded benevolence, and this exalted + genius, deserve such honours as were never paid before; they deserve + to bestride a butt upon every signpost in the metropolis, or to have + their countenances exhibited as tokens where this liquor is to be + sold by the license which they have procured. They must be at least + remembered to future ages, as the happy politicians who, after all + expedients for raising taxes had been employed, discovered a new + method of draining the last relicks of the publick wealth, and added a + new revenue to the government; nor will those, who shall hereafter + enumerate the several funds now established among us, forget, among + the benefactors to their country, the illustrious authors of the + <i>drinking fund</i>. +</p> +<p> + May I be allowed, my lords, to congratulate my countrymen and + fellow-subjects upon the happy times which are now approaching, in + which no man will be disqualified for the privilege of being drunk, + when all discontent and disloyalty shall be forgotten, and the people, + though now considered by the ministry as their enemies, shall + acknowledge the lenity of that government, under which all restraints + are taken away. +</p> +<p> + But to a bill for such desirable purposes, it would be proper, my + lords, to prefix a preamble, in which the kindness of our intentions + should be more fully explained, that the nation may not mistake our + indulgence for cruelty, nor consider their benefactors as their + persecutors. If, therefore, this bill be considered and amended, (for + why else should it be considered?) in a committee, I shall humbly + propose, that it shall be introduced in this manner: "Whereas the + designs of the present ministry, whatever they are, cannot be executed + without a great number of mercenaries, which mercenaries cannot be + hired without money; and whereas the present disposition of this + nation to drunkenness inclines us to believe, that they will pay more + cheerfully for the undisturbed enjoyment of distilled liquors, than + for any other concession that can be made by the government, be it + enacted, by the king's most excellent majesty, that no man shall + hereafter be denied the right of being drunk, on the following + conditions." +</p> +<p> + This, my lords, to trifle no longer, is the proper preamble to this + bill, which contains only the conditions on which the people of this + kingdom are to be allowed henceforward to riot in debauchery, in + debauchery licensed by law, and countenanced by the magistrates; for + there is no doubt but those on whom the inventors of this tax shall + confer authority, will be directed to assist their masters in their + design to encourage the consumption of that liquor from which such + large revenues are expected, and to multiply, without end, those + licenses which are to pay a yearly tribute to the crown. +</p> +<p> + By this unbounded license, my lords, that price will be lessened, from + the increase of which the expectations of the efficacy of this law are + pretended; for the number of retailers will lessen the value as in all + other cases, and lessen it more than this tax will increase it. + Besides, it is to be considered, that at present the retailer expects + to be paid for the danger which he incurs by an unlawful trade, and + will not trust his reputation or his purse to the mercy of his + customer, without a profit proportioned to the hazard; but when once + the restraint shall be taken away, he will sell for common gain; and + it can hardly be imagined, that at present he subjects himself to + informations and penalties for less than sixpence a gallon. +</p> +<p> + The specious pretence on which this bill is founded, and, indeed, the + only pretence that deserves to be termed specious, is the propriety of + taxing vice; but this maxim of government has, on this occasion, been + either mistaken or perverted. Vice, my lords, is not properly to be + taxed, but suppressed; and heavy taxes are sometimes the only means by + which that suppression can be attained. Luxury, my lords, or the + excess of that which is pernicious only by its excess, may very + properly be taxed, that such excess, though not strictly unlawful, may + be made more difficult. But the use of those things which are simply + hurtful, hurtful in their own nature, and in every degree, is to be + prohibited. None, my lords, ever heard in any nation of a tax upon + theft or adultery, because a tax implies a license granted for the use + of that which is taxed, to all who shall be willing to pay it. +</p> +<p> + Drunkenness, my lords, is universally and in all circumstances an + evil, and, therefore, ought not to be taxed, but punished; and the + means of it not to be made easy by a slight impost, which none can + feel, but to be removed out of the reach of the people, and secured by + the heaviest taxes, levied with the utmost rigour. I hope those to + whose care the religion of the nation is particularly consigned, will + unanimously join with me in maintaining the necessity, not of taxing + vice, but suppressing it; and unite for the rejection of a bill, by + which the future as well as present happiness of thousands must be + destroyed. +</p> +<p> + Lord LONSDALE spoke as follows:—My lords, the bill now before us, + has, from its first appearance in the other house, seemed to me of + such importance as to deserve the greatest attention, and to demand + the most diligent inquiry; and I have, therefore, considered it with + uncommon care, and pursued all those inquiries from which I could + expect any assistance for discovering its tendency and its + consequences, with the nicest and most anxious vigilance. +</p> +<p> + That my attention and diligence may not wholly terminate in the + gratification of idle and useless curiosity, it is proper to inform + your lordships of their result; by which I hope to convince you, as I + am myself convinced, that this bill cannot become a law, without + endangering the lives of thousands, without dispersing diseases over + the nation, or without multiplying crimes beyond the possibility of + restraint or punishment; that it will fill the land with confusion for + a time, by infatuating the people, and afterwards lay it desolate by + destroying them. +</p> +<p> + All my inquiries, my lords, have had one constant and uniform Effect. + On what side soever I have turned my speculations, I have found new + arguments against this bill, and have discovered new mischiefs + comprised in it; mischiefs which, however some may endeavour to + overlook them, and others to despise them, will be found in a short + time too general to be concealed, and too formidable to be neglected. +</p> +<p> + The first consideration, in which the necessity of deliberating on + this bill engaged me, related to the quality of the liquors which are + mentioned in it. With regard to this question, my lords, there was no + possibility of long suspense; for the pernicious effects of spirits + were confessed equally by all those who countenanced and opposed this + new project; nor could any man take a survey of this city without + meeting in his way such objects as might make all farther inquiry + superfluous. The idleness, the insolence, the debauchery of the common + people, and their natural and certain consequences, poverty, diseases, + misery, and wickedness, are to be observed without any intention of + indulging such disagreeable speculations; in every part of this great + metropolis, whoever shall pass along the streets, will find wretches + stretched upon the pavement, insensible and motionless, and only + removed by the charity of passengers from the danger of being crushed + by carriages, or trampled by horses, or strangled with filth in the + common sewers; and others, less helpless perhaps, but more dangerous, + who have drank too much to fear punishment, but not enough to hinder + them from provoking it; who think themselves, in the elevation of + drunkenness, entitled to treat all those with contempt whom their + dress distinguishes from them, and to resent every injury which, in + the heat of their imagination, they suppose themselves to suffer, with + the utmost rage of resentment, violence of rudeness, and scurrility of + tongue. +</p> +<p> + No man can pass a single hour in publick places without meeting such + objects, or hearing such expressions as disgrace human nature; such as + cannot be looked upon without horrour, or heard without indignation, + and which there is, however, no possibility of removing or preventing, + whilst this hateful liquor is publickly sold. But the visible and + obvious effects of these pernicious draughts, however offensive or + inconvenient, are yet much less to be dreaded than their more slow and + secret operations. That excess of distilled spirits inflames the poor + to insolence and fury; that it exposes them either to hurt, by making + them insensible of danger, or to punishment, by making them fearless + of authority, is not to be reckoned the most fatal consequence of + their use; for these effects, though their frequency makes it + necessary to suppress them, with regard to each individual are of no + long duration; the understanding is in a short time recovered after a + single debauch, and the drunkard may return to his employment. +</p> +<p> + But though the pleasures of drunkenness are quickly at an end, its + pains are of longer continuance. These liquors not only infatuate the + mind, but poison the body; nor do they produce only momentary fury, + but incurable debility and lingering diseases; they not only fill our + streets with madmen, and our prisons with criminals, but our hospitals + with cripples. Those who have for a time infested the publick walks + with their insults, quickly disturb them with their lamentations, and + are soon reduced from bullies to beggars, and obliged to solicit alms + from those they used to threaten and insult. +</p> +<p> + Nor does the use of spirits, my lords, only impoverish the publick, by + lessening the number of useful and laborious hands, but by cutting off + those recruits by which its natural and inevitable losses are to be + supplied. The use of distilled liquors impairs the fecundity of the + human race, and hinders that increase which providence has ordained + for the support of the world. Those women who riot in this poisonous + debauchery are quickly disabled from bearing children, by bringing on + themselves, in a short time, all the infirmities and weaknesses of + age; or, what is yet more destructive to general happiness, produce + children diseased from their birth by the vices of their parents, + children whose blood is tainted with inveterate and accumulated + maladies, for which no cure can be expected;'and who, therefore, are + an additional burden to the community, and must be supported through a + miserable life by that labour which they cannot share, and must be + protected by that community of which they cannot contribute to the + defence. +</p> +<p> + Thus, my lords, is the great source of power and wealth dried up, the + numbers of the people are every day diminished, and, by consequence, + our armies must be weakened, our trade abandoned, and our lands + uncultivated. To diminish the people of any nation is the most + atrocious political crime that it is possible to commit; for it tends + not to enslave or impoverish, but to annihilate; not to make a nation + miserable, but to make it no longer a nation. +</p> +<p> + Such, my lords, are the effects of distilled liquors; effects of which + I would not have shocked you with the enumeration, had it not been + with a design of preventing them; and surely no man will be charged + with so trivial an offence as negligence of delicacy, when he is + pleading, not for the honour or the life of a single man, but for the + peace of the present age, the health of posterity, and the existence + of the British people. +</p> +<p> + After having examined the nature of these liquors, it is natural to + inquire, how much they are in use; whether mankind appear to know + their quality, and avoid and detest them like other poisons; or + whether they are considered as inoffensive, and drank, like other + liquors, to raise the spirits, or to gladden the heart; whether they + make part of social entertainments, and whether they are handed round + at publick tables, without any suspicion of their fatal consequences. +</p> +<p> + It is well known, my lords, that these liquors have not been long in + use among the common people. Spirits were at first only imported from + foreign countries, and were, by consequence, too dear for the luxuries + of the vulgar. In time it was discovered, that it was practicable to + draw from grain, and other products of our own soil, such liquors as, + though not equally pleasing to elegant palates with those of other + nations, resembled them, at least in their inebriating quality, and + might be afforded at an easy rate, and consequently generally + purchased. +</p> +<p> + This discovery, my lords, gave rise to the new trade of distilling, + which has been now for many years carried on in this nation, and of + the progress of which, since the duties were laid upon its produce, an + exact account may be easily obtained, which I thought so necessary in + our deliberations on this bill, that I have procured it to be drawn + out. +</p> +<p> + From this account, my lords, it will be discovered, what cannot be + related without the utmost grief, that there has prevailed, for many + years, a kind of contagious infatuation among the common people, by + which they have been incited to poison themselves and their children + with distilled spirits; they have forsaken those liquors which in + former times enlivened their conversation and exalted their merriment, + and, instead of ale and beer, rioted of late in distilled spirits. +</p> +<p> + The amazing increase of the consumption of spirits for the last ten + years, is a proof too evident of the prevalence of this destructive + species of drunkenness; and I shall, therefore, without troubling your + lordships with earlier accounts, only mention in round numbers, the + vast quantities for which the duty has been paid for a few years in + that period. In the year 1733, the number of gallons distilled was + three millions and nine hundred thousand, which in 1735 was increased + to five millions and three hundred thousand; soon afterwards the law + was made which we are now persuaded to repeal, by the execution of + which, however feeble and irresolute, the number was reduced in the + first year afterwards to three millions, and might, perhaps, by steady + perseverance have been every year lessened; but in a short time the + people prevailed in the contest with the legislators, they intimidated + information, and wearied prosecution; and were at length allowed to + indulge themselves in the enjoyment of their favourite vice without + any farther molestation. +</p> +<p> + The effects of this indulgence, my lords, have been very remarkable; + nor can it be denied, that the government betrayed great weakness in + suffering the laws to be overruled by drunkenness, and the meanest and + most profligate of the people to set the statutes at defiance; for the + vice which had been so feebly opposed spread wider and wider, and + every year added regularly another million of gallons to the quantity + of spirits distilled, till in the last year they rose to seven + millions and one hundred thousand gallons. +</p> +<p> + Such, my lords, is at present the state of the nation; twelve millions + of gallons of these poisonous liquors are every year swallowed by the + inhabitants of this kingdom; and this quantity, enormous as it is, + will probably every year increase, till the number of the people shall + be sensibly diminished by the diseases which it must produce; nor + shall we find any decay of this pernicious trade, but by the general + mortality that will overspread the kingdom. +</p> +<p> + At least, if this vice should be suppressed, it must be suppressed by + some supernatural interposition of providence; for nothing is more + absurd, than to imagine, that the bill now before us can produce any + such effect. For what, my lords, encourages any man to a crime but + security from punishment, or what tempts him to the commission of it + but frequent opportunity? We are, however, about to reform the + practice of drinking spirits, by making spirits more easy to be + procured; we are about to hinder them from being bought, by exempting + the vender from all fear of punishment. +</p> +<p> + It has, indeed, been asserted, that the tax now to be laid upon these + liquors will have such wonderful effects, that those who are at + present drunk twice a-day, will not be henceforward able to commit the + same crime twice a-week; an assertion which I could not hear without + wondering at the new discoveries which ministerial sagacity can + sometimes make. In deliberations on a subject of such importance, my + lords, no man ought to content himself with conjecture, where + certainty may, at whatsoever expense of labour, be attained; nor ought + any man to neglect a careful and attentive examination of his notions, + before he offers them in publick consultations; for if they were + erroneous, and no man can he certain that he is in the right, who has + never brought his own opinions to the test of inquiry, he exposes + himself to be detected in ignorance or temerity, and to that contempt + which such detection naturally and justly produces; or if his audience + submit their reason to his authority, and neglect to examine his + assertions, in confidence that he has sufficiently examined them + himself, he may suffer what to an honest mind must be far more painful + than any personal ignominy, he may languish under the consciousness of + having influenced the publick counsels by false declarations, and + having by his negligence betrayed his country to calamities which a + closer attention might have enabled him to have foreseen. +</p> +<p> + Whether the noble lord, who alleged the certainty of reformation which + this bill will produce, ever examined his own opinion, I know not; but + think it necessary at least to consider it more particularly, to + supply that proof of it which, if it be true, he neglected to produce, + or to show, if it be found false, how little confident assertions are + to be regarded. +</p> +<p> + Between twice a-day and twice a-week, the noble lord will not deny the + proportion to be as seven to one; and, therefore, to prevent + drunkenness in the degree which he persuades us to expect, the price + of the liquor must be raised in the same proportion; but the duty laid + upon the gallon will not increase the price a fifth part, even though + it should not be eluded by distilling liquors of an extraordinary + strength; one fifth part of the price is, therefore, in his lordship's + estimate, equal to the whole price seven times multiplied. Such are + the arguments which have been produced in favour of this bill; and + such is the diligence with which the publick happiness is promoted by + those who have hopes of being enriched by publick calamities. +</p> +<p> + As the tax will not make a fifth part of the price, and even that may + be in some measure evaded, the duty paid for licenses scarcely + deserves consideration; for it is not intended to hinder retailers, + but to make them useful in some degree to the ministry, by paying a + yearly tax for the license of poisoning. +</p> +<p> + It is, therefore, apparent, upon the noble lord's supposition, that + the price of the liquor will be raised in consequence of this tax, + that no man can be hindered from more than a fifth part of his usual + debauchery, which, however, would be some advantage to the publick; + but even this small advantage cannot be expected from the bill, + because one part will obstruct the benefits that might be hoped from + another. +</p> +<p> + The duty upon liquors, however inconsiderable, will be necessarily an + augmentation of the price to the first buyer, but probably that + augmentation will be very little felt by the consumer. For, my lords, + it must be considered, that many circumstances concur to constitute + the price of any commodity; the price of what is in itself cheap, may + be raised by the art or the condition of those that sell it; what is + engrossed by a few hands, is sold dearer than when the same quantity + is dispersed in many; and what is sold in security, and under the + protection of the law, is cheaper than that which exposes the vender + to prosecutions and penalties. +</p> +<p> + At present, my lords, distilled spirits are sold in opposition to the + laws of the kingdom; and, therefore, it is reasonable, as has been + before observed, to believe that an extraordinary profit is expected, + because no man will incur danger without advantage. It is at present + retailed, for the greatest part, by indigent persons, who cannot be + supposed to buy it in large quantities, and, consequently, not at the + cheapest rate; and who must, of necessity, gain a large profit, + because they are to subsist upon a very small stock. +</p> +<p> + These causes concurring, may be easily imagined to raise the price + more than a fifth part above the profit which is expected in other + traffick; but when this bill shall become a law, the necessity of + large profit will no longer subsist; for there will then be no danger + in retailing spirits, and they will be chiefly sold in houses by + persons who can afford to purchase them in great quantities, who can + be trusted by the distiller, for the usual time allowed in other + trades; and who, therefore, may sell them without any exorbitant + advantage. +</p> +<p> + Besides, my lords, it is reasonable to imagine, that the present + profit to the retailer is very great, since, like that which arises + from the clandestine exportation of wool, it is sufficient to tempt + multitudes to a breach of the law, a contempt of penalties, and a + defiance of the magistrates; and it may be therefore imagined, that + there is room for a considerable abatement of the price, which may + subtract much more than is added by this new duty. +</p> +<p> + This deduction from the price, my lords, will probably be soon + produced by the emulation of retailers, who, when the trade becomes + safe and publick, will endeavour to attract buyers by low rates; for + what the noble lord, whose ingenious assertion I am now opposing, has + declared with respect to traders, that for a tax of a penny upon any + commodity, they oblige the consumers to advance twopence, is not + universally true; and I believe it is as likely, that the people will + insist upon having the same liquor at the usual price, without regard + to the tax, as that the venders will be able to raise their price in + an unreasonable proportion. The obstinacy of the people with regard to + this liquor, my lords, has already appeared; and I am inclined to + believe, that they who have confessedly conquered the legislature, + will not suffer themselves to be overcome in the same cause by the + avarice of alehouse keepers. +</p> +<p> + I am, therefore, confident, my lords, that this bill will produce no + beneficial effects, even in this city; and that in the country, where + the sale of spirits was hindered by the late law, or where, at least, + it might have been hindered in a great measure, it will propagate + wickedness and debauchery in a degree never yet known; the torrent of + licentiousness will break at once upon it, and a sudden freedom from + restraint will produce a wanton enjoyment of privileges which had + never been thought so valuable, had they never been taken away. Thus, + while the crowds of the capital are every day thinned by the licensed + distributors of poison, the country, which is to be considered as the + nursery in which the human species is chiefly propagated, will be made + barren; and that race of men will be intercepted, which is to defend + the liberty of the neighbouring nations in the next age, which is to + extend our commerce to other kingdoms, or repel the encroachments of + future usurpation. +</p> +<p> + The bill, my lords, will, therefore, produce none of the advantages + which those who promote it have had the confidence to promise the + publick. But let us now examine whether they have not been more + sagacious in securing the benefits which they expect from it + themselves. +</p> +<p> + That one of the intentions of it is to raise a sum to supply the + present exigencies of the government is not denied; that this is the + only intention is generally believed, and believed upon the strongest + reasons; for it is the only effect which it can possibly produce; and + to this end it is calculated with all the skill of men long versed in + the laudable art of contriving taxes and of raising money. +</p> +<p> + I have already shown to your lordships, that seven millions of gallons + of spirits are annually distilled in this kingdom; this consumption, + at the small duty of sixpence a gallon, now to be imposed, will + produce a yearly revenue of £175,000. and the tax upon licenses may be + rated at a very large sum; so that there is a fund sufficient, I hope, + for the expenses which a land war is to bring upon us. +</p> +<p> + But we are not to forget, my lords, that this is only the produce of + the first year, and that the tax is likely to afford every year a + larger revenue. As the consumption of those liquors, under its late + discouragements, has advanced a million of gallons every year, it may + be reasonably imagined, that by the countenance of the legislature, + and the protection of authority, it will increase in a double + proportion; and that in ten years more, twenty millions will be + distilled every year for the destruction of the people. +</p> +<p> + Thus far, my lords, the scheme of the ministry appears prosperous; but + all prosperity, at least all the prosperity of dishonesty, must in + time have an end. The practice of drinking cannot be for ever + continued, because it will hurry the present generation to the grave, + and prevent the production of another; the revenue must cease with the + consumption, and the consumption must be at an end when the consumers + are destroyed. +</p> +<p> + But this, my lords, cannot speedily happen, nor have our ministers any + dread of miseries which are only to fall in distant times upon another + generation. It is sufficient for them, if their expedient can supply + those exigencies which their counsels have brought upon the publick; + if they pay their court to the crown with success, at whatever + disadvantage to the people, and continue in power till they have + enlarged their fortunes, and then without punishment retire to enjoy + them. +</p> +<p> + But I hope, my lords, that we shall act upon very different + principles; that we shall examine the most distant consequences of our + resolutions, and consider ourselves, not as the agents of the crown to + levy taxes, but as the guardians of the people to promote the publick + happiness; that we shall always remember that happiness can be + produced only by virtue; and that since this bill can tend only to the + increase of debauchery, we shall, without the formality of a + commitment, unanimously reject it with indignation and abhorrence. +</p> +<p> + Lord CARTERET spoke to the following effect:—My lords, the bill now + before us has been examined with the utmost acuteness, and opposed + with all the arts of eloquence and argumentation; nor has any topick + been forgotten that could speciously be employed against it. It has + been represented by some as contrary to policy, and by others as + opposite to religion; its consequences have been displayed with all + the confidence of prediction, and the motives upon which it has been + formed, declared to be such as I hope every man abhors who projected + or defends it. +</p> +<p> + It has been asserted, that this bill owes its existence only to the + necessity of raising taxes for the support of unnecessary troops, to + be employed in useless and dangerous expeditions; and that those who + defend it have no regard to the happiness or virtue of the people, nor + any other design than to raise supplies, and gratify the ministry. +</p> +<p> + In pursuance of this scheme of argument, the consequences of this bill + have been very artfully deduced, and very copiously explained; and it + has been asserted that by passing it, we shall show ourselves the + patrons of vice, the defenders of debauchery, and the promoters of + drunkenness. +</p> +<p> + It has been declared, that in consequence of this law, by which the + use of distilled liquors is intended to be restrained, the retailers + of them will be multiplied, and multiplied without end; till the + corruption, which is already too extensive, is become general, and the + nation is transformed into a herd of drunkards. +</p> +<p> + With regard to the uses to which the money which shall arise from this + tax is to be applied, though it has been more than once mentioned in + this debate, I shall pass it over, as without any connexion with the + question before us. To confound different topicks may be useful to + those whose design is to impose upon the inattention or weakness of + their opponents, as they may be enabled by it to alter sometimes the + state of the controversy, and to hide their fallacies in perplexity + and confusion; but always to be avoided by those who endeavour to + discover and to establish truth, who dispute not to confound but to + convince, and who intend not to disturb the publick deliberations, but + assist them. +</p> +<p> + I shall, therefore, my lords, only endeavour to show that the + consequence, of which some lords express, and I believe with + sincerity, such dreadful apprehensions, is not in reality to be feared + from this bill; that it will probably promote the purpose for which it + is declared to be calculated, and that it will by no means produce + that havock in the human species which seems to be suspected, or + diffuse that corruption through the people which has been confidently + foretold. +</p> +<p> + The present state of this vice, my lords, has been fully explained, as + well by those who oppose the bill as by those who defend it. The use + of distilled liquors is now prohibited by a penal law, but the + execution of this law, as of all others of the same kind, necessarily + supposes a regular information of the breach of it to be laid before + the magistrate. The people consider this law, however just or + necessary, as an act of the most tyrannical cruelty, which ought to be + opposed with the utmost steadiness and vigour, as an insupportable + hardship from which they ought at any rate to set themselves free. +</p> +<p> + They have determined, therefore, not to be governed by this law, and + have, consequently, endeavoured to hinder its execution; and so + vigorous have been their efforts, that they have at last prevailed. At + first they only opposed it by their perseverance and obstinacy, they + resolved to persist in the practice of retailing liquors without + regard to the penalties which they might incur by it; and, therefore, + as one was put to prison, his place was immediately supplied by + another; and so frequent were the informations and so fruitless the + penalties, that the chief magistrate of the metropolis lamented + publickly in the other house, the unpleasing necessity to which he was + subjected by that law, of fining and imprisoning without end, and + without hopes of procuring the reformation that was intended. Thus + they proceeded for some time, and appeared to hope that the + magistrates would after a while connive at a practice, which they + should find no degree of severity sufficient to suppress; that they + would sink under the fatigue of punishing to no purpose, that they + would by degrees relax their vigilance, and leave the people in quiet + possession of that felicity which they appeared to rate at so high a + price. +</p> +<p> + At length, my lords, instead of wearying the magistrates, they grew + weary themselves, and determined no longer to bear persecution for + their enjoyments, but to resist that law which they could not evade, + and to which they would not submit. They, therefore, determined to + mark out all those who by their informations promoted its execution, + as publick enemies, as wretches who, for the sake of a reward, carried + on a trade of perjury and persecution, and who harassed their innocent + neighbours only for carrying on a lawful employment for supplying the + wants of the poor, relieving the weariness of the labourer, + administering solace to the dejected, and cordials to the sick. +</p> +<p> + The word was, therefore, given that no informer should be spared; and + when an offender was summoned by the civil officers, crowds watched at + the door of the magistrate to rescue the prisoner, and to discover and + seize the witness upon whose testimony he was convicted; and + unfortunate was the wretch who, with the imputation of this crime upon + him, fell into their hands; it is well remembered by every man who at + that time was conversant in this city, with what outcries of vengeance + an informer was pursued in the publick streets, and in the open day; + with what exclamations of triumph he was seized, and with what rage of + cruelty he was tormented. +</p> +<p> + One instance of their fury I very particularly remember: as a man was + passing along the streets, the alarm was given that he was an informer + against the retailers of spirituous liquors, the populace were + immediately gathered as in a time of common danger, and united in the + pursuit as of a beast of prey, which it was criminal not to destroy; + the man discovered, either by consciousness or intelligence, his + danger, and fled for his life with the utmost precipitation; but no + housekeeper durst afford him shelter, the cry increased upon him on + all hands, and the populace rolled on after him with a torrent not to + be resisted; and he was upon the point of being overtaken, and like + some others destroyed, when one of the greatest persons in the nation, + hearing the tumult, and inquiring the reason, opened his doors to the + distressed fugitive, and sheltered him from a cruel death. +</p> +<p> + Soon afterwards there was a stop put to all information; no man dared + afterwards, for the sake of a reward, expose himself to the fury of + the people, and the use of these destructive liquors was no longer + obstructed. How much the practice of this kind of debauchery + prevailed, after this short restraint, and how much the consumption of + these destructive liquors has increased, the noble lord who spoke last + has very accurately informed us, nor can any argument be offered for + the present bill more strong than that which his computations have + already furnished. +</p> +<p> + For if it appears, my lords, and it cannot be doubted after such + authentick testimonies, that seven millions of gallons of spirits are + every year consumed in this kingdom, and that of these far the + greatest quantity is wasted in the most flagitious and destructive + debauchery; it is surely at length necessary to consider by what means + this consumption, which cannot be stopped, may be lessened, and this + vice obstructed, which cannot be reformed. +</p> +<p> + By opening a sufficient number of licensed shops, the number of + unlicensed retailers will be necessarily lessened, and by raising the + price of the liquor, the quantity which the poor drink must, with + equal certainty, be diminished; and as it cannot be imagined that the + number of those who will pay annually for licenses, can be equal to + that of the petty traders, who now dispose of spirits in cellars and + in the streets; it is reasonable to believe that since there will be + fewer sellers, less will be sold. +</p> +<p> + Some lords have, indeed, declared their suspicion, that the number of + licensed shops will be such as will endanger the health of the people, + and the peace of the commonwealth; and one has so far indulged his + imagination, as to declare that he expects fifteen hundred shops to be + set open for the sale of spirits, in a short time after the + publication of this law. +</p> +<p> + If it be answered, that no spirits can be sold but by those who keep a + house of publick entertainment by a license from the justices of the + peace, the opponents of the bill have a reply ready, that the justices + will take all opportunities to promote the increase of the revenue, + and will always grant a license when it is demanded, without regard to + the mischiefs that may arise from the increase of the retreats of + idleness and receptacles of vice; and that, therefore, to allow + justices to grant licenses for the retail of any commodity upon which + a tax is laid, is to permit the sale of it without limits. +</p> +<p> + But, my lords, this argument will vanish, when it is considered that + those justices to whom the law commits the superintendency of + publick-houses, are superintended themselves by men who derive their + authority from a higher power, and whose censures are more formidable + than judicial penalties. The conduct of the justices, my lords, as of + every other person, lies open to the observation of the reverend + clergy, by whose counsels it is to be regulated, and by whose + admonitions it ought to be reformed; admonitions which cannot be + supposed to be without force from men to whom the great province of + preaching virtue and truth is committed, and whose profession is so + much reverenced, that reputation and infamy are generally in their + power. +</p> +<p> + Should the justices, my lords, abuse their authority, either for the + increase of the revenue, or any other purpose, what could they expect + but to be marked out on the next day of publick worship for reproach + and derision? What could they hope but that their crimes should be + displayed in the most odious view to their neighbours, their children, + and their dependants; and that all those from whom nature or interest + teaches them to desire friendship, reverence, or esteem, will be + taught to consider them as the slaves of power and the agents of + villany, as the propagators of debauchery, and the enemies of mankind? +</p> +<p> + There is, therefore, my lords, reason to hope that the bill may be + useful, because it will be hindered from being detrimental; and as + there is an absolute necessity of doing something, and no better + method can at present be proposed, I think this ought not to be + rejected. We have found by experience that the publick is not to be + reformed at once, and that the progress from corruption to reformation + must be gradual; and as this bill enforces some degrees of amendment, + it is at least more eligible than the present law, which is wholly + without effect, because no man will dare to put it in execution. +</p> +<p> + Every man must be convinced, by his own experience, of the difficulty + with-which long habits are surmounted. I myself suffer some indulgence + which yet I cannot prevail upon myself to forbear; this indulgence is + the use of too much snuff, to which it is well known that many persons + of rank are not less addicted; and, therefore, I do not wonder that + the law is ineffectual, which is to encounter with the habits and + appetites of the whole mass of the common people. +</p> +<p> + For this reason, my lords, I cannot approve what has been recommended + in this debate, any new law that may put the enjoyment of this liquor + yet farther from them, by facilitating prosecutions, or enforcing + penalties, as I am convinced that the natural force of the people is + superiour to the law, and that their natural force will be exerted for + the defence of their darling spirits, and the whole nation be shaken + with universal sedition. +</p> +<p> + It has been objected by the noble lord, that the tax now proposed is + such as never was raised in any government, because, though luxury may + confessedly be taxed, vice ought to be constantly suppressed; and + this, in his lordship's opinion, is a tax upon vice. +</p> +<p> + His lordship's distinction between luxury and vice, between the use of + things unlawful, and the excess of things lawful, is undoubtedly just, + but by no means applicable on this occasion; nor, indeed, has the + noble lord, with all his art, been able to apply it; for he was + obliged to change the terms in his argument; and, instead of calling + this tax, a tax upon strong liquors, to stigmatize it with the odious + appellation of a tax upon drunkenness. +</p> +<p> + To call any thing what it really is not, and then to censure it, is + very easy; too easy, my lords, to be done with success. To confute the + argument it is only necessary to observe, that this tax is not a tax + upon drunkenness, but a tax laid upon strong liquors for the + prevention of drunkenness; and, by consequence, such as falls within + the compass of his own definition. +</p> +<p> + That it is not a tax upon luxury cannot be inferred from the indigence + of those whom it is intended to reform; for luxury is, my lords, <i>ad + modum possidentis</i>, of different kinds, in proportion to different + conditions of life, and one man may very decently enjoy those + delicacies or pleasures to which it would be foolish and criminal in + another to aspire. Whoever spends upon superfluities what he must want + for the necessities of life, is luxurious; and excess, therefore, of + distilled spirits may be termed, with the utmost propriety, the luxury + of the poor. +</p> +<p> + This, my lords, appeared to be the opinion of the noble lord who spoke + so copiously on this question at the beginning of the debate; of this + opinion was the reverend prelate when he observed, that <i>necessity + itself was become luxurious</i>, and of this opinion must every man be + who advises such a duty to be laid upon these liquors as may at once + debar the poor from the use of them; for such a proposal evidently + supposes them unnecessary, and all enjoyment of things not necessary + is a degree of luxury. +</p> +<p> + To tax this luxury, which is, perhaps, the most pernicious of all + others, is now proposed; but it is proposed to tax it only to suppress + it, to suppress it by such slow degrees as may be borne by the people; + and I hope a law so salutary will not be opposed only because it may + afford the government a present supply. +</p> +<p> + The duke of NEWCASTLE then rose up, and spoke to the following + effect:—My lords, I am of opinion that this debate would have been + much shorter, had not the noble lords who have spoken in it suffered + themselves to be led away, either by their own zeal, or the zeal of + their opponents, from the true state of the question, to which I shall + take the liberty of recalling their attention, that this important + controversy may have at length an end. +</p> +<p> + The point, the only point that is, in my opinion, now to be + considered, is this: the people of this nation have for some time + practised a most pernicious and hateful kind of debauchery; against + which several laws have been already made, which experience has shown + to be so far without effect, that the disorder has every year + increased among them; [while the duke was speaking, the bishop of + ORFORD said, without intention to be overheard, "Yes, that is the true + state of the case," upon which the duke stopped, and asked whether his + lordship had any objection to make, who answered that he had no design + of interrupting him; and he, therefore, proceeded.] A new law, + therefore, is proposed, less severe, indeed, than the former, but + which it is hoped will be for that reason more efficacious; this law + having passed through the other house, is now, in the common course of + our procedure, to be considered by us in a committee. +</p> +<p> + We are now, my lords, therefore, to resolve, whether a bill for the + reformation of this flagrant vice deserves any farther deliberation, + whether we shall join with the other house in their endeavours to + restore the ancient sobriety and virtue of the British people, or, by + an open disapprobation of their attempt, discourage them from + prosecuting their design, and debar them from using the opportunities + that succeeding years may afford, and the new lights which experience + may supply for improving this essay, however imperfect, to a salutary + and unexceptionable law. +</p> +<p> + The prelates whose laudable zeal for the promotion of virtue has + prompted them to distinguish themselves on this occasion by an + uncommon warmth of opposition, ought, as they appear fully sensible of + the calamities which intemperance brings upon mankind, to consider + likewise the consequences of refusing to examine, in a committee, a + bill professedly drawn up to restrain intemperance. They ought to + remember, that by rejecting this bill without a particular examination + of the several clauses which it contains, and without those particular + objections which such examinations necessarily produce, we shall + discover a contempt of the wisdom or virtue of the other house, which + may incline them in their turn to obstruct the measures of the + government, or at least to neglect that evil, however great, for the + redress of which they have no reason to expect our concurrence. +</p> +<p> + Those whose particular province it is to inspect the lives of the + people, to recal them from vice, and strengthen them in virtue, should + certainly reflect on this occasion, that the safest method ought to be + chosen; and, therefore, that this bill ought to be promoted; because, + not to affirm too much, it is possible that it may produce some degree + of reformation; and the worst that can be feared is, that, like the + present law, it will be ineffectual; for the corruption and + licentiousness of the people are already such, that nothing can + increase them. +</p> +<p> + The bishop of SARUM then spoke to the following purpose:—My lords, I + am so far from being convinced by the arguments of the noble duke, + that the bill now before us ought to be committed without farther + opposition, that, in my opinion, nothing can be more unworthy of the + honour of this house, or more unsuitable to the character which those + who sit on this bench ought to desire, than to agree to any vote which + may have the most distant appearance of approbation. +</p> +<p> + That a bill drawn up for the reformation of manners, for the restraint + of a predominant and destructive vice, for the promotion of virtue, + and the enforcement of religion, ought, at least, to be calmly and + particularly considered; that the laudable endeavours of the commons + ought not to be discouraged by a precipitate and contemptuous + rejection of the measures which they have formed for the attainment of + a purpose so important, is, indeed, a specious and plausible method of + persuasion; but, my lords, it can affect only those who come to + deliberate upon this bill without having read it. +</p> +<p> + A very slight and cursory perusal of the bill, my lords, will + dissipate all the mists which eloquence can raise; it will show that + the law now proposed can neither be useful nor ineffectual, but that + it must operate very powerfully, though in a manner by no means + agreeable to its title. +</p> +<p> + To prevent the excessive use of any thing, by allowing it to be sold + without restraint, is an expedient which the wisdom of no former age + ever discovered; it is, indeed, a fallacy too gross to be admitted, + even by the most inconsiderate negligence, or the most contemptuous + stupidity; nor am I at all inclined to believe, that the commons will + impute the rejection of this bill to our disregard of virtue, or think + that we have defeated any endeavours for the suppression of + wickedness. +</p> +<p> + It has been affirmed, that though by the bill the sale is permitted, + it is permitted only because it cannot be hindered; and that the price + is raised so high, that, though the lawful venders may be multiplied, + the number of the purchasers must be diminished. But even this + argument, like all others that have yet been advanced, is confuted by + the bill itself, from which the tax now proposed appears to be such + as, when subdivided by the small measures in which retailers sell + these liquors, will scarcely be perceived, and which, though it may + enrich the government, will not impoverish the people, except by + destroying their health, and enervating their limbs. +</p> +<p> + The tax, my lords, even supposing it paid without any method of + evasion, is so low, that in a quarter of a pint, the quantity which + the lower people usually demand at once, it does not amount to any + denomination of money; and so small an addition will be easily + overbalanced by the sale of a larger quantity than formerly; for it + cannot be doubted but the practice which prevailed in opposition to + the law, will grow yet more predominant by its encouragement; and + that, therefore, the advantage of a large and quick sale, will lessen + the price more than so slight a tax can possibly increase it. +</p> +<p> + The noble duke has endeavoured to reduce us to difficulties, by + urging, that since the corruption of the people cannot be greater, we + ought willingly to agree to any law, of which the title declares that + it is intended to produce a reformation, because the worst that can be + feared is, that it may be without effect. +</p> +<p> + But, my lords, such is the enormous absurdity of this bill, that no + plea can be offered for it with the least appearance of reason; and + the greatest abilities, when they are exerted in its defence, are able + only to show, by fruitless efforts, that it cannot be vindicated. If + the state of the nation be really such as has been supposed, if the + most detestable and odious vice has overspread the kingdom to its + utmost limits, if the people are universally abandoned to drunkenness, + sloth, and villany, what can be more absurd than to trifle with + doubtful experiments, and to make laws which must be suspected of + inefficacy? In the diseases of the state, as in those of the body, the + force of the remedy ought to be proportioned to the strength and + danger of the disease; and surely no political malady can be more + formidable than the prevalence of wickedness, nor can any time require + more firmness, vigilance, and activity, in the legislative power. +</p> +<p> + That the law, therefore, may be without effect, is, in the present + state of corruption, if it has been truly represented, a sufficient + reason for rejecting it, without allowing it to be committed; because + there is now no time for indulgence, or for delays; a nation + universally corrupt, must be speedily reformed, or speedily ruined. + Those habits which have been confessed to be already too powerful for + the laws now in being, may in a short time be absolutely irresistible; + and that licentiousness which intimidates the officers of justice, may + in another year insult the legislature. +</p> +<p> + But, my lords, I am yet willing to hope that the noble duke's account + of the wickedness of the people, was rather a rhetorical exaggeration, + uttered in the ardour of dispute, than a strict assertion of facts; + and am of opinion that, though vice has, indeed, of late spread its + contagion with great rapidity, there are yet great numbers uninfected, + and cannot believe that our condition is such as that nothing can make + it more miserable. +</p> +<p> + In many parts of the country, my lords, these liquors have not yet + been much used, nor is it likely that those who have never sold them, + when the law allowed them, will begin an unnecessary trade, when it + will expose them to penalties. But a new law in favour of spirits will + produce a general inclination, and a kind of emulation will incite + every one to take a license for the retail of this new liquor; and so + every part of the kingdom will be equally debauched, and no place will + be without a vender of statutable poison. The luxury of the vulgar, + for luxury, in my opinion, it may very properly be called, will still + increase, and vices and diseases will increase with it. +</p> +<p> + There is at least one part of the nation yet untainted, a part which + deserves the utmost care of the legislature, and which must be + endangered by a law like this before us. The children, my lords, to + whom the affairs of the present generation must be transferred, and by + whom the nation must be continued, are surely no ignoble part of the + publick. They are yet innocent, and it is our province to take care + that they may in time be virtuous; we ought, therefore, to remove from + before them those examples that may infect, and those temptations that + may corrupt them. We ought to reform their parents, lest they should + imitate them; and to destroy those provocatives to vice, by which the + present generation has been intoxicated, lest they should with equal + force operate upon the next. +</p> +<p> + There is, therefore, no occasion, my lords, for any farther + deliberation upon this bill; which, if the nation be yet in any part + untainted, will infect it; and if it be universally corrupted, will + have no tendency to amend it; and which we ought, for these reasons to + reject, that our abhorrence of vice may be publickly known, and that + no part of the calamities which wickedness must produce, may be + imputed to us. +</p> +<p> + Lord DELAWARE then spoke to the following effect:—My lords, as I am + entirely of opinion that a more accurate examination of this bill will + evince its usefulness and propriety to many of the lords who are now + most ardent in opposing it, I cannot but think it necessary to + consider it in a committee. +</p> +<p> + It is to be remembered, my lords, that this bill is intended for two + purposes of very great importance to the publick; it is designed that + the liberties of mankind shall be secured by the same provisions by + which the vices of our own people are to be reclaimed, and supplies + for carrying on the war shall be raised by a reformation of the + manners of the people. +</p> +<p> + This, my lords, is surely a great and generous design; this is a + complication of publick benefits, worthy the most exalted virtue, and + the most refined policy; and though a bill in which views so distant + are to be reconciled, should appear not to be absolutely perfect, it + must yet be allowed to deserve regard; nor ought we to reject, without + very cautious deliberation, any probable method of reforming the + nation, or any easy way of raising supplies. +</p> +<p> + The encroachment of usurpation without, and the prevalence of vice + within, is a conjunction of circumstances very dangerous; and to + remove both by the same means, is an undertaking that surely cannot + deserve either censure or contempt: if it succeeds, it may demand the + loudest acclamations; and if it fails, must be at least approved. +</p> +<p> + The use, my lords, of spirituous liquors, though in the excess now so + frequently to be observed, undoubtedly detrimental to multitudes, is + not, in a proper degree, either criminal or unwholesome; and, + therefore, ought not to be prohibited by a tax so heavy as has been + proposed by a noble lord, who, if he pursues his reasoning, must + propose to tax in the same proportion every other liquor that can + administer to vice. +</p> +<p> + It is, however, certain, that too much is wasted in riot and + debauchery; and that, therefore, some addition to the price of this + liquor ought to be made, that, though the use of it may be continued, + the excess may be restrained. +</p> +<p> + What will be the effects of this bill, and whether either of these + benefits are to be expected from it, can be known only by an impartial + examination; and therefore it ought to be discussed with that accuracy + which is peculiar to a committee. +</p> +<p> + Lord LONSDALE here got up again, and spoke to this purpose:—My lords, + that a bill which shall restrain the excess of drinking distilled + liquors without hindering their moderate use, will deserve the + applause of every lover of his country, I cannot deny; but that any + such bill can be contrived, may very justly be doubted; for in + proportion to their price they will always be used, and nothing can + hinder excess but a high tax, such as I have already proposed. +</p> +<p> + The bill now before us, my lords, will, indeed, by no means obstruct + the moderate use, because it will give an unbounded license to the + most luxurious excess; if, therefore, nothing more be intended in the + committee, than to consider how far this bill will promote the + reformation of the people, it is surely not necessary to engage in any + farther inquiries. +</p> +<p> + It has appeared already, to those who do not obstinately shut their + eyes, that there is in it no provision for the prevention of that + abuse of spirits which universally prevails. It has appeared, that the + cheapness of licenses will not hinder the present retailers from + carrying on an illegal trade; that information will not now be more + safe or more frequent than before, and that the duty, if not in part + evaded, may yet be probably abated from the present profits of the + sale. +</p> +<p> + It has appeared, my lords, that no effect can be produced by this bill + but the promotion of debauchery, the increase of drunkenness, the + subversion of order, and the decay of industry; the miseries of + disease, and the rage of want. +</p> +<p> + But that this bill will not produce, at least for some time, a large + addition to the publick revenues, has not yet been proved; and while + it is allowed that it will raise money, I do not wonder to hear it + steadily defended, because nothing more is expected from it. But as I + have not yet conversed enough with statesmen to persuade myself that + the government ought to be supported by means contrary to the end for + which government is instituted, I am still convinced that this bill + ought to be rejected with contempt, because it will lessen the wealth + of the nation without any equivalent advantage, and will at once + impoverish the people, and corrupt them. +</p> +<p> + Lord ISLAY then spoke to this effect:—My lords, I cannot but be of + opinion that this debate has been carried on with a vehemence by no + means necessary, and that the question has been perplexed by a + mistaken zeal, that the effects of this bill have been exaggerated, + perhaps, on both sides, and that the opinions which have been formed + with relation to it, are not really so opposite as they appear. +</p> +<p> + Those who oppose the bill, think the duty upon spirits not so high as + to hinder that debauchery which so much prevails among us; and those + that vindicate it, declare that more violent restraints will not be + borne. Both parties have reason, and the vindicators of the bill have, + likewise, experience on their side. +</p> +<p> + But, my lords, though severe restraints suddenly opposed to the habits + and inclinations of the people, operating in their full force, may be + broken through by restless struggles and obstinate resistance, yet a + diminution of those gratifications will be borne which cannot wholly + be taken away, and the same laws, introduced by proper degrees, will + be patiently obeyed; this, therefore, may be very properly considered + as the first tax necessary to be laid, which, though it may produce no + great effects in itself, may at least make way for a second that shall + be more sensibly felt, till at length these fatal spirits shall be + raised to a price at which few will be able, and none willing, to + purchase one pleasure of drunkenness. +</p> +<p> + But it is not impossible that even this tax, with the other provisions + in the bill, may produce the reformation which is unanimously desired; + and as violence should never be used till gentle methods have been + tried, this bill ought, in my opinion, to be passed, and, therefore, + to be referred to a committee without farther debate; for it will be + thought, both by our allies and our enemies, that a great part of this + assembly is very indifferent about the success of the war, if we delay + the supplies, by disputing in what manner they shall be raised. +</p> +<p> + [The question being then put, whether the bill shall be committed, it + was carried in the affirmative. And the lords DELAWARE and HERVEY + being appointed tellers, the numbers were, Contents 59, Proxies + 23—82. Not contents 38, Proxies 16—54. +</p> +<p> + It was remarked on this occasion, that there being ten prelates in the + house, they all divided against the question; upon which the earl of + CHESTERFIELD seeing them come towards him, said, he doubted if he had + not mistaken the side, not having had the honour of their company for + many years. +</p> +<p> + Two days after, the same bill was considered by the house of lords in + a committee to which all of them were summoned, and occasioned another + very important and curious debate.] +</p> +<center> + FEBRUARY 23, 1742-3. +</center> +<p> + The title of the bill on spirituous liquors being read, was postponed: + then the preamble was read, importing, "that whereas great + difficulties and inconveniencies had attended the putting the act 9 + Geo. II. in execution, and the same had not been found effectual to + answer the purposes intended," the commons being desirous to raise the + necessary supplies in the easiest manner, do grant the rates on + spirituous liquors, hereafter mentioned, and repeal the present rates. +</p> +<p> + Lord HERVEY spoke to the effect following:—My lords, notwithstanding + the specious arguments which were used to influence the house to + permit this bill to escape the censure it deserved, and be admitted to + a farther examination in a committee, I am still confident that + nothing can justly be offered in its defence; and am not afraid to + declare my opinion, that it is not approved even by those who + vindicate it; of whom I cannot but believe, from long experience of + their judgment and their knowledge, that they consider it only as an + <i>easy manner</i> of raising money, as an expedient rather necessary than + eligible, and such as only the exigencies of the government could have + prevailed upon them to propose; for nothing is more evident, than that + it cannot answer the purposes of the former bill. +</p> +<p> + This, however harsh it may appear, and however inconsistent with that + delicacy with which the debates of this august assembly have generally + been carried on, must surely be pardoned on this occasion, if for no + other reason, at least for this, that it is not easy to forbear it, it + is impossible wholly to suppress it in the mind; and to forbear to + speak what cannot but be thought, is no part of the duty of a publick + counsellor. +</p> +<p> + The conduct of those whose station subjects them to the resentment of + the ministry, or who may be reasonably imagined to expect favours from + them, has, throughout all our deliberations on this bill, been such as + evidently discovers their only care to be the imposition of a new tax, + and the establishment of a new fund. They do not seem to urge + seriously any other argument than the necessity of raising money, or + to oppose the objections that have been offered, for any other reason, + than because they have a tendency to obstruct the supplies. +</p> +<p> + No other argument can, indeed, be urged in vindication of a bill which + every principle of policy or justice must incite us to condemn; a bill + by which the sense of morality and religion will be extinguished, and + the restraints, of law made ineffectual; by which the labourer and + manufacturer will be at once debilitated and corrupted, and by which + the roads will be filled with thieves, and the streets with beggars. +</p> +<p> + It appears, my lords, from the papers on the table, that seven + millions of gallons are every year distilled; and experience shows us, + that the quality of the liquor is such, that a quarter of a pint is + sufficient to intoxicate the brain. Upon this computation, my lords, + it is reasonable to believe, that a twentieth part of the labouring + hands of this nation are detained from their proper occupations by + this kind of drunkenness; and, consequently, that a twentieth part of + the trade is every year lost, or, perhaps, a twentieth part of our + people every year hurried to the grave, or disabled from contributing + to the publick good. +</p> +<p> + These, my lords, are no doubtful facts, or conjectural calculations, + they are confirmed by the most incontestable evidence, and established + by all the demonstration of arithmetick; and therefore your lordships + are in no danger of errour from either ignorance or uncertainty, but + must determine, if you approve this bill, in opposition to all the + powers of conviction, and must set aside testimony and reason at the + same time. +</p> +<p> + These facts, my lords, are so plain, that the warmest advocates for + the bill have tacitly acknowledged them, by proposing that, if it be + found ineffectual, it shall be amended in the next session. What + effect this proposal may have upon others, I know not; but for my + part, I shall never think it allowable to sport with the prosperity of + the publick, or to try experiments by which, if they fail, the lives + of thousands must be destroyed. +</p> +<p> + Such a scheme, my lords, very ill becomes those to whom their + ancestors have transmitted the illustrious character of guardians of + the people; for surely such cruelty was never practised by the utmost + wantonness of tyranny, or the most savage rage of invasion. No man + ever before conceived the design of scattering poison for a certain + period of time among the people, only to try what havock it would + make. +</p> +<p> + What will be the effects of unrestrained and licensed debauchery may + be known, without the guilt of so dreadful an experiment, only by + observing the present conduct of the people, even while they are + hindered from the full enjoyment of their pleasures, by the terrours + of a penal law. Whoever shall be so far touched with the interest of + the publick, as to extend his inquiries to the lowest classes of the + people, will find some diseased, and others vitiated; he will find + some imprisoned by their creditors, and others starving their + children; and if he traces all these calamities and crimes to their + original cause, will find them all to proceed from the love of + distilled liquors. +</p> +<p> + I know, my lords, that in answer to all these expostulations, and a + thousand more, it will be urged by the ministers and their friends, + that there is no other method to be found of raising the supplies, and + that the demands of the government must be satisfied at whatever rate, + and by whatever means. +</p> +<p> + Though I am very far from approving this assertion, I do not wonder at + its prevalence among those who are enriched by every tax, and whose + only claim to the preferments which they enjoy arises from their + readiness to concur in every scheme for increasing the burdens of the + publick; and, therefore, shall never expect their approbation of any + proposal, by which a new tax may be retarded. Yet I cannot but declare + that, in my opinion, we ought to suspend our proceedings, that the + commons may discover what danger their negligence, precipitation, or + blind compliance, has brought upon the nation; and that the people + may, by so signal a proof of our disapprobation, be alarmed against + any attempt of the same kind under any future administration. +</p> +<p> + This, my lords, will be considered, not only by posterity, but by all + the wise and honest men of the present time, as a proof of our regard + for virtue, and our attention to the publick welfare. This conduct + will be secretly approved, even by those who may think themselves + obliged to oppose it in publick; and, as it will be moderate and + decent, may probably preserve the nation without irritating the other + house. +</p> +<p> + I therefore move, my lords, that instead of proceeding in the + superfluous forms of a committee, we should resume the house, and + endeavour to obtain farther information. +</p> +<p> + After a short silence, lord CHOLMONDELEY spoke to this effect:—My + lords, the observations which, though sufficiently explained and + enforced in the late debate, the noble lord has been pleased to repeat + on this occasion, are in themselves, indeed, sufficiently pertinent, + and have been urged by his lordship with uncommon spirit and elegance; + but he ought to have reflected, that general declamations are improper + in a committee, where the particular clauses of the bill are to be + separately considered. +</p> +<p> + I propose, therefore, that instead of wasting that time, of which the + exigencies of the publick now require an uncommon frugality, in + useless rhetorick, and untimely vehemence, we should proceed to + examine in order the distinct paragraphs of this bill, by which it may + more easily appear, whether it ought to be rejected or approved. +</p> +<p> + It cannot, indeed, be proposed, that any of the clauses shall be + amended in this committee; for the claims of the commons, and the + obstinacy with which they have always adhered to them, on whatever + they are founded, is well known. I am old enough to remember the + animosities which have arisen between the two houses, from attempts to + adjust this part of their pretensions; animosities which at this time + may be not only dangerous to ourselves, but fatal to a great part of + mankind, and which it ought, therefore, to be our utmost care not to + excite. +</p> +<p> + Lord AYLESFORD:—My lords, though the consideration of the distinct + paragraphs of the bill be, as the noble lord has very justly observed, + the proper business of the committee; yet since, as he has likewise + observed, the present state of our affairs requires unusual + expedition, I think we may very properly spare ourselves the trouble + of considering paragraphs which we cannot amend; and which are in + themselves so clear and so obvious, that they may be understood in + their full extent upon a cursory perusal. +</p> +<p> + But, my lords, though I think it not proper to follow our usual method + of considering the paragraphs distinctly, which can only drive the + bill forward towards the third reading, as it has already been forced + into the committee; yet I think it not necessary to irritate the other + house, alarm our allies, or encourage our enemies, by rejecting that + bill by which it is intended that the supplies shall be raised. There + is an easy and moderate method, by which the same end may be attained + without any disturbance of the publick, any impediment of the schemes + of the government, or any just offence to the commons. +</p> +<p> + Instead of passing or rejecting this bill, of which the first is + absolutely criminal, and the second perhaps improper, let us only + delay it, by which we shall give the commons time to reflect upon it, + to reexamine it, and discover, what they, perhaps, have not hitherto + suspected, its destructive tendency. Nor can it be doubted, but the + observations which will arise from the necessity of inquiring into the + reasons of our conduct, will soon induce them to form another bill, + not liable to the same objections; I, therefore, second the noble + lord's motion to resume the house. +</p> +<p> + Lord ISLAY:—My lords, if we consider the pretensions of the commons, + and the stubbornness with which they have hitherto adhered to them, we + shall easily find the impropriety of the noble lord's motion, and + foresee the inefficacy of the methods which he so warmly recommends. +</p> +<p> + The alarm which he supposes us to give the commons by postponing the + bill before us, the observations which they will make upon our + conduct, the new informations which they will receive, and the new + bill which they will send, are merely imaginary. They will not + consider themselves as concerned in the delay or expedition of our + procedure, but will suppose us to act upon our own reasons, which it + is not necessary for them to examine, and will by no means send + another bill for supplies, till they are informed that this is + rejected. +</p> +<p> + Thus, my lords, we shall only retard the supplies, without altering, + or being able to alter, the method of raising them; and at last pass + that bill, without examination, which we now neglect to examine, lest + we should pass it; or, perhaps, irritate the commons by the novelty of + our conduct, which, if they should resolve to consider it, they will + probably consider only to censure. +</p> +<p> + Lord AYLESPORD:—My lords, I am no stranger to the claims of the + commons to the sole and independent right of forming money bills, nor + to the heat with which that claim has been asserted, or the firmness + with which it has always been maintained in late senates. Nor am I + ignorant, that by contesting this claim, we have sometimes excited + disputes, which nothing but a prorogation of the senate could appease. +</p> +<p> + I know, my lords, and allow, that by acting in any unusual manner with + regard to bills of this kind, we may excite the resentment of the + commons, and that some interruption of the publick business may, for + want of candour and moderation, possibly ensue. +</p> +<p> + But, my lords, I cannot think the possibility of an ill consequence an + argument sufficient to show the unreasonableness of my proposal; for + the inconveniencies that may arise from postponing the bill, are only + possible, but the calamities that we shall bring upon our country by + passing it are certain. +</p> +<p> + But we are likewise to consider, my lords, that these events, of which + it can only be said that they may happen, may also not happen. When I + reflect that the house of commons is an assembly of reasonable beings, + that it is filled by the representatives of the British people, by men + who will share the calamities of the publick, and whose interest it + is, equally with ours, to prevent the destruction of our commerce, the + decay of our manufactures, the corruption of the present age, and the + ruin of posterity, I cannot but hope that they will apply themselves + to a candid review of the bill which they have sent, and without heat, + jealousy, or disputes, explain it as they may do by another, which + will be no deviation from the rules which they have established for + themselves, and by which they may secure the happiness of their + country without receding from their own pretensions. +</p> +<p> + The duke of BEDFORD:—My lords, the proposal made by the noble lord + appears to me so prudent and equitable, so moderate and so seasonable, + and, in my opinion, suggests so easy a method of reconciling the + pretensions of the commons with the necessity of amending the bill, + that I cannot but think it worthy of the unanimous approbation of your + lordships. +</p> +<p> + I am very far from conceiving the commons to be an assembly of men + deaf to reason, or imagining them so void of all regard for the + happiness of the publick, as that they will sacrifice it to an + obstinate adherence to claims which they cannot but know to be in + themselves disputable, and of which they must at least allow that they + are only so far just as they contribute to the great end of + government, the general good. +</p> +<p> + But lest they should, by any perverse and unseasonable obstinacy, + attend more to the preservation of their own power than to the + promotion of the happiness of their constituents, a method is now + proposed, by which the errours of this bill may be corrected, without + any concession of either house. The commons may easily be informed of + the dangers which are justly dreaded from this bill; and may, + therefore, prepare another, by which a tax of the same kind may be + laid, without a general license of drunkenness; or if a method of + laying a duty upon these liquors, which may at once hinder their + excessive use, and increase the revenue of the government, cannot be + discovered, they may raise the supplies for the year by some other + scheme. +</p> +<p> + Lord CARTERET:—My lords, as the expedient proposed by these noble + lords, however it may be recommended, as being at once moderate and + efficacious, has, in reality, no other tendency than to procure an + absolute rejection of this bill, it is proper to consider the + consequences which may be reasonably expected from the measures which + they have hitherto proposed. +</p> +<p> + In order to the effectual restraint of the common people from the use + of these pernicious liquors, they assert the necessity of imposing a + very large duty to be paid by the distiller, which might, indeed, + produce, in some degree, the effect which they expect from it, but + would produce it by giving rise to innumerable frauds and + inconveniencies. +</p> +<p> + The immediate consequence of a heavy duty would be the ruin of our + distillery, which is now a very extensive and profitable trade, in + which great multitudes are employed, who must instantly, upon the + cessation of it, sink into poverty. Our stills, my lords, not only + supply our natives with liquors, which they used formerly to purchase + from foreign countries, and therefore increase, or at least preserve + the wealth of our country; but they likewise furnish large quantities + for exportation to Guernsey, Jersey, and other places. But no sooner + will the duty proposed to be laid upon this liquor take place, than + all this trade will be at an end, and those who now follow it will be + reduced to support themselves by other employments; and those + countries in which our spirits are now drank will be soon supplied + from other nations with liquors at once cheaper and more pleasant. +</p> +<p> + It may be proposed, as an expedient for the preservation of our + foreign trade, that the duty shall be repaid upon exportation; but the + event of this provision, my lords, will be, that great quantities will + be sent to sea for the sake of obtaining a repayment of the duty, + which, instead of being sold to foreigners, will be privately landed + again upon our own coasts. +</p> +<p> + Thus, my lords, will the duty be collected, and afterwards repaid; and + the government will suffer the odium of imposing a severe tax, and + incur the expense of employing a great number of officers, without any + advantage to the publick. Spirits will, in many parts of the kingdom, + be very little dearer than at present, and drunkenness and debauchery + will still prevail. +</p> +<p> + That these arts, and a thousand others, will be practised by the + people to obtain this infatuating liquor, cannot be doubted. It cannot + be imagined that they will forbear frauds, who have had recourse to + violence, or that those will not endeavour to elude the government, + who have already defied it. +</p> +<p> + Every rigorous law will be either secretly evaded, or openly violated; + every severe restraint will be shaken off, either by artifice or vice; + nor can this vice, however dangerous or prevalent, be corrected but by + slow degrees, by straitening the reins of government imperceptibly, + and by superadding a second slight restraint, after the nation has + been for some time habituated to the first. +</p> +<p> + That the government proceeds by these easy and gentle methods of + reformation, ought not to be imputed to negligence, but necessity; for + so far has the government been from any connivance at this vice, that + an armed force was necessary to support the laws which were made to + restrain it, and secure the chief persons of the state from the + insults of the populace, whom they had only provoked by denying them + this pernicious liquor. +</p> +<p> + Since, therefore, my lords, all opposition to this predominant + inclination has appeared without effect, since the government + evidently wants power to conquer the united and incessant struggles + for the liberty of drunkenness, what remains but that this vice should + produce some advantage to the publick, in return for the innumerable + evils which arise from it, and that the government should snatch the + first opportunity of taxing that vice which cannot be reformed? +</p> +<p> + This duty arises, indeed, from a concurrence of different causes, of + just designs in the government, and of bad inclinations in the people. + The tax is just, and well meant; but it can be made sufficient to + support the expenses to which it is appropriated, only by the + resolution of the populace to continue, in some degree, their usual + luxury. +</p> +<p> + I am far, my lords, from thinking this method of raising money + eligible for its own sake, or justifiable by any other plea than that + of necessity. If it were possible at once to extinguish the thirst of + spirits, no man who had any regard for virtue, or for happiness, would + propose to augment the revenue by a tax upon them. +</p> +<p> + But, my lords, rigour has been already tried, and found to be vain; it + has been found equally fruitless to forbid the people to use spirits, + as to forbid a man in a dropsy to drink. The force of appetite long + indulged, and by indulgence made superiour to the control of reason, + is not to be overcome at once; it cannot be subdued by a single + effort, but may be weakened; new habits of a more innocent kind may in + time be superinduced, and one desire may counterbalance another. +</p> +<p> + We must endeavour, my lords, by just degrees, to withdraw their + affections from this pernicious enjoyment, by making the attainment of + it every year somewhat more difficult: but we must not quicken their + wishes, and exasperate their resentment, by depriving them at once of + their whole felicity. By this method, my lords, I doubt not but we + shall obtain what we have hitherto endeavoured with so little success; + and I believe that though, in open defiance of a severe law, spirits + are now sold in every street of this city, a gentle restraint will, in + a short time, divert the minds of the people to other entertainments, + and the vice of drinking spirits will be forgotten among us. +</p> +<p> + Lord HERVEY then rose up again, and spoke to the effect following:—My + lords, though I have always considered this bill as at once wicked and + absurd, I imagined till now that the projectors of it would have been + able to have argued, at least, speciously, though not solidly, in + defence of it; nor did I imagine it to have been wholly indefensible, + till I discovered how little the extensive knowledge, the long + experience, and the penetrating foresight of the noble lord who spoke + last, enabled him to produce in vindication of it. +</p> +<p> + His lordship's argument is reducible to this single assertion, that + the drinking distilled liquors cannot be prevented; and from thence he + drew this inference, that since it is a point of wisdom to turn + misfortunes to advantage, we ought to contrive methods by which the + debauchery of the people may enrich the government. +</p> +<p> + Though we should suppose the assertion true in any sense below that of + absolute physical impossibility, the inference is by no means just; + since it is the duty of governours to struggle against vice, and + promote virtue with incessant assiduity, notwithstanding the + difficulties that may for a time hinder the wisest and most rigorous + measures from success. That governour who desists from his endeavours + of reformation, because they have been once baffled, in reality + abandons his station and deserts his charge, nor deserves any other + character than that of laziness, negligence, or cowardice. +</p> +<p> + The preservation of virtue where it subsists, and the recovery of it + where it is lost, are the only valuable purposes of government. Laws + which do not promote these ends are useless, and those that obviate + them are pernicious. The government that takes advantage of wicked + inclinations, by accident predominant in the people, and, for any + temporary convenience, instead of leading them back to virtue, plunges + them deeper into vice, is no longer a sacred institution, because it + is no longer a benefit to society. It is from that time a system of + wickedness, in which bad ends are promoted by bad means, and one crime + operates in subordination to another. +</p> +<p> + But, my lords, it is not necessary to show the unreasonableness of the + inference, because the assertion from which it is deduced cannot be + proved. That the excessive use of distilled liquors cannot be + prevented, is a very daring paradox, not only contrary to the + experience of all past times, but of the present; for the law which is + now to be repealed, did in a great degree produce the effects desired + from it, till the execution of it was suspended, not by the inability + of the magistrates, or obstinacy of the people, but by the artifice of + ministers, who promoted the sale of spirits secretly, for the same + reason which incites our present more daring politicians to establish + the use of them by a law. +</p> +<p> + The defects of this law, for that it was defective cannot be denied, + were in the manner of levying the duty; for had half the duty that was + demanded from the unlicensed retailers, been required from the + distiller, there had been no need of informations; nor had we been + stunned with the dismal accounts of the rage and cruelty of the + people, or the violent deaths of those who endeavoured to grow rich by + commencing prosecutions. The duty had been regularly paid, the liquors + had been made too dear for common use, and the name of spirits had + been in a short time forgotten amongst us. +</p> +<p> + From this defect, my lords, arose all the difficulties and + inconveniencies that have impeded the execution of the law, and + prevented the effects that were expected from it, and by one amendment + they might be all removed. +</p> +<p> + But instead of endeavouring to improve the efficacy of the remedy + which was before proposed for this universal malady, we are now told, + that it was too forcible to take effect, and that it only failed by + the vigour of its operation. We are informed, that the work of + reformation ought not to be despatched with too much expedition, that + mankind cannot possibly be made virtuous at once, and that they must + be drawn off from their habits by just degrees, without the violence + of a sudden change. +</p> +<p> + What degrees the noble lord proposes to recommend, or what advantage + he expects from allowing the people a longer time to confirm their + habits, I am not able to discover. He appears to me rather to propose + an experiment than a law, and rather to intend the improvement of + policy, than the safety of the people. +</p> +<p> + This experiment is, indeed, of a very daring kind, in which not only + the money but the lives of the people are hazarded: their money has, + indeed, in all ages been subject to the caprices of statesmen, but + their lives ought to be exempt from such dangerous practices, because, + when once lost, they can never be recovered. By this bill, however, it + is contrived to lay poison in the way of the people, poison which we + know will be eagerly devoured by a fourth part of the nation, and will + prove fatal to a great number of those that taste it; nor of this + project is any defence made, but, that since the people love to + swallow poison, it may be of advantage to the government to sell it. +</p> +<p> + It might not be improper, my lords, to publish to the people, by a + formal proclamation, the benevolent intentions of their governours; + and inform them, that licensed murderers are to be appointed, at whose + shops they may infallibly be destroyed, without any danger of legal + censures, provided they take care to use the poison prescribed by the + government, and increase, by their death, the publick revenue. +</p> +<p> + That money only is desired from this bill, is not only obvious from + the first perusal of it, but confessed even by those who defend it; + but not one has continued to assert, that it will produce a + reformation of manners, or recommended it otherwise than as an + experiment. +</p> +<p> + For this reason, my lords, I still think my motion for postponing the + bill very reasonable, nor do I make any scruple to confess that I + propose, by postponing, only a more gentle and inoffensive method of + dropping it, that some other way of raising the supplies may be + attempted, or that the duty may be raised to three shillings a gallon; + the lowest tax that can be laid with a design of reformation. +</p> +<p> + This method, my lords, or any other by which another bill may be + procured, should be pursued; for whatever schemes the commons may + substitute, the nation can suffer nothing by the change, they cannot + raise money in any other manner, but with less injury to the publick; + since the greatest calamity which wrong measures can possibly produce, + is the propagation of wickedness, and the establishment of debauchery. +</p> +<p> + Lord BATH then spoke, in substance as follows:—My lords, that this + bill is, with great propriety, called an experiment, I am ready to + allow, but do not think the justness of that expression any forcible + argument against it; because I know not any law that can be proposed + for the same end, without equally deserving the same appellation. +</p> +<p> + All the schemes of government, my lords, have been perfected by slow + degrees, and the defects of every regulation supplied by the wisdom of + successive generations. No man has yet been found, whose discernment, + however penetrating, has enabled him to discover all the consequences + of a new law, nor to perceive all the fallacies that it includes, or + all the inconveniencies that it may produce; the first essay of a new + regulation is, therefore, only an experiment made, in some degree, at + random, and to be rectified by subsequent observations; in making + which, the most prudent conduct is only to take care that it may + produce no ill consequences of great importance, before there may be + an opportunity of reviewing it. +</p> +<p> + This maxim, my lords, is, in my opinion, strictly regarded in the + present attempt, which in itself is an affair of very great + perplexity. The health and virtue of the people are to be regarded on + one part, and the continuance of a very gainful and extensive + manufacture on the other; a manufacture by which only, or chiefly, the + produce of our own nation is employed; and on which, therefore, the + value of lands must very much depend. +</p> +<p> + Manufactures of this kind, my lords, ought never to be violently or + suddenly suppressed. If they are pernicious to the nation in general, + they are, at least, useful to a very great part, and to some, who have + no other employment, necessary; and in the design of putting a stop to + any detrimental trade, care is always to be taken that the + inconvenience exceed not the benefit, and time be allowed for those + that are engaged in it to withdraw to some other business, and for the + commodities that are consumed by it, to be introduced at some other + market, or directed to some other use. +</p> +<p> + These cautions are in this bill very judiciously observed. The trade, + which all allow to administer supplies to debauchery, and fuel to + diseases, will, by the provisions in this bill, sink away by degrees, + and the health and virtue of the people will be preserved or restored + without murmurs or commotions. +</p> +<p> + We must consider, likewise, my lords, the necessity of raising + supplies, and the success with which they have hitherto been raised + upon the scheme which is now under your consideration. +</p> +<p> + In examining the necessity of procuring supplies, I shall not + expatiate upon the present danger of the liberties of all this part of + the world; upon the distress of the house of Austria, the necessity of + preserving the balance of power, or the apparent designs of the + ancient and incessant disturbers of mankind, topicks which have been + on former occasions sufficiently explained. +</p> +<p> + It is now only necessary to observe, that the state of our affairs + requires expedition, and that a happy peace can only be expected from + a successful war, and that war can only be made successful by vigour + and despatch. +</p> +<p> + If by liberal grants of money, and ready concurrence in all necessary + measures, we enable his majesty to raise a powerful army, there is no + reason to doubt that a single campaign may procure peace, that it may + establish the liberties of Europe, and raise our allies, who were so + lately distressed, to their former greatness. +</p> +<p> + These supplies, my lords, which are so evidently necessary, may, by + the method now proposed, be easily, speedily, and cheaply raised. Upon + the security which this act will afford, large sums are already + offered to the government at the low interest of three for a hundred, + by those who, if the conditions of the loan are changed, will, + perhaps, demand four in a few days, or raise money by a combination to + the rate of five or six for a hundred; of which I would not remark how + much it will embarrass the publick measures, or how much it will + encourage our enemies to an obstinate resistance. +</p> +<p> + Such, my lords, are the inconveniencies to be feared from rejecting + this bill, or from postponing it; by which is plainly intended only a + more gentle and tender manner of rejecting it, by hinting to the + commons your disapprobation of it, and the necessity of sending up + another, which you cannot do without hazarding the peace of the nation + and the fate of the war. +</p> +<p> + The commons, who are not obliged to inquire what reception their bills + find here, may perhaps not immediately prepare another, but suffer + time to elapse, till necessity shall oblige us to comply with those + measures which we cannot approve. +</p> +<p> + They may, likewise, by a kind of senatorial craft, elude all our + precautions, and make the rejection of the bill ineffectual, as was + once done, when a bill for a tax upon leather was rejected: the + commons, determining not to be directed in the methods of raising + money, sent up the same bill with only a small alteration of the + title, to lay a duty upon tanned hides, which the lords were, for want + of time, obliged to pass. +</p> +<p> + But, my lords, should the other house discover in this single + instance, any uncommon degree of flexibility and complaisance, should + they patiently endure the rejection of the bill, admit the validity of + the reasons upon which your lordships have proceeded, and willingly + engage in drawing up a new scheme for raising supplies; even upon this + supposition, which is more favourable than can reasonably be formed, + the business of the year will be very much perplexed, and the new bill + hurried into a law without sufficient caution or deliberation. +</p> +<p> + The session is now, my lords, so far advanced, that many of the + commons have retired into the country, whose advice and assistance may + be necessary in the projection of a new money bill, so that the new + bill must be formed in a short time, and by a thin house; and, indeed, + the multiplicity of considerations necessary to another bill of this + kind, is such, that I cannot think it prudent to advise or undertake + it. +</p> +<p> + The committee on ways and means must strike out another scheme for a + considerable impost, which, in the present state of the nation, is in + itself no easy task. This scheme must be so adjusted as to be + consistent with all the other taxes, which will require long + consultations and accurate inquiries. It must then struggle, perhaps, + through an obstinate and artful opposition, before it can pass through + the forms of the other house; and, when it comes before your + lordships, may be again opposed with no less zeal than the bill before + us, and perhaps, likewise, with equal reason. +</p> +<p> + All these dangers and difficulties will be avoided by trying, for a + single year, the experiment which is now proposed; and which, if that + should fail, may be better adjusted in the time of leisure, which the + beginning of the next session will undoubtedly afford; before which + time I am afraid no amendment can possibly be made. +</p> +<p> + It has been proposed, indeed, by the noble lord, that three shillings + should be laid upon every gallon of distilled liquors, which would + undoubtedly lessen the consumption, but would at the same time destroy + the trade; a trade from which large profits may be in time gained; + since our distillers have now acquired such skill, that the most + delicate palate cannot distinguish their liquors from those which + foreigners import. +</p> +<p> + If the duty be raised to the height proposed, it must be allowed to be + repaid for all that shall be exported; otherwise foreign nations will + deprive us of this part of our trade; and it has been already shown, + that by mock exportations the duty may be frequently evaded. +</p> +<p> + Thus, my lords, there will be difficulties on either hand; if a duty + so high be paid, the manufacturer will be ruined; if it be evaded, the + consumption will be lessened. +</p> +<p> + One inconvenience will easily be discovered to be the necessary + consequence of any considerable advance of the price. We may be + certain that an act of the senate will not moderate the passions, or + alter the appetites of the people; and that they will not be less + desirous of their usual gratifications, because they are denied them. + The poor may, indeed, yield to necessity, unless they find themselves + able to resist the law, or to evade it; but those who can afford to + please their taste, or exalt their spirits at a greater expense, will + still riot as before, but with this difference, that their excesses + will produce no advantage to the publick. +</p> +<p> + If an additional duty of three shillings be laid upon every gallon of + distilled liquors, the product of our own distillery will be dearer + than those liquors which are imported from foreign parts; and, + therefore, it cannot but be expected that the money which now + circulates amongst us, will in a short time be clandestinely carried + into other countries. +</p> +<p> + Such, my lords, will be the effect of those taxes which are so + strongly recommended; and, therefore, they ought not to be imposed + till all other methods of proceeding have been found ineffectual. +</p> +<p> + It is possible, indeed, that the regulation specified in this bill may + not produce any beneficial effect, and that the present practice of + debauchery may still continue among the people; but it is likewise + possible that this tax may, by increasing the price, augment the + revenue at the same time that it lessens the consumption. +</p> +<p> + This proposal has, by some lords, been treated as a paradox; but they + certainly suspected it of falsehood, only for want of patience to form + the calculations necessary in such disquisitions. The tax of the last + year amounted to one hundred and seventy thousand pounds; this tax is + now doubled, so that the same quantity will produce three hundred and + forty thousand; but if one third less should be consumed, the present + tax will amount to no more than two hundred and twenty thousand + pounds; and when fifty thousand licenses are added, the revenue will + gain an hundred thousand pounds, though one third part of the + consumption should be hindered. +</p> +<p> + But, my lords, supposing no part of the consumption hindered, I cannot + think that bill should be rejected, which, in a time of danger like + the present, shall add to the publick revenue an annual income of more + than two hundred thousand pounds, without lessening any manufacture, + without burdening any useful or virtuous part of the nation, and + without giving the least occasion to any murmurs among the people. +</p> +<p> + It is to be remembered, my lords, that whatever corruption shall + prevail amongst us, it cannot be imputed to this bill, which did not + make, but find the nation vitiated, and only turned their vices to + publick advantage; so that if it produces any diminution of the sale + of spirits, it is indisputably to be applauded as promoting virtue. If + the sale of spirits still continues the same, it will deserve some + degree of commendation, as it will, at least, not contribute to the + increase of vice, and as it will augment the revenue without injuring + the people; for how, my lords, can we be censured for only suffering + the nation to continue in its former state? +</p> +<p> + Lord TALBOT then spoke in substance as follows:—My lords, if we + consider the tendency of the argument used by the noble lord, the only + argument on which he appears to lay any stress, it will prove, if it + proves any thing, what cannot be admitted by your lordships, without + bidding farewell to independency, and acknowledging that you are only + the substitutes of a higher power. +</p> +<p> + It appears by the tenor of his reasoning, that he considers this house + as only obliged, in questions relating to supplies, to ratify the + determinations of the other; to submit implicitly to their dictates, + and receive their sovereign commands, without daring either to refuse + compliance, or delay it. +</p> +<p> + If we conjoin the reasoning of the noble lord who spoke last, with + that of one who spoke before in favour of the bill, we shall be able + to discover the full extent of our power on these occasions; the first + was pleased to inform us, that though we were at liberty to examine + the paragraphs of this bill, we had no right, at least no power to + amend them; because in money bills, the commons left us no other + choice than that of passing or rejecting them. +</p> +<p> + This, my lords, might have been thought a sufficient contraction of + those privileges which your ancestors transmitted to you, and the + commons needed to have desired no farther concessions from this + assembly, since this was a publick confession of a subordinate state, + and admitted either that part of our ancient rights had been given up, + or that we were at present too much depressed to dare to assert them. +</p> +<p> + We might, however, still comfort ourselves with the peaceful and + uncontested possession of the alternative; we might still believe that + what we could not approve we might reject, without irritating the + formidable commons. But now, my lords, a new doctrine has been vented + among us; we are told not only that we must not amend a money bill, + but that it will be to no purpose to reject it; for that the other + house will send it again without altering any thing but the title, and + force it upon us, when there is no time for any other expedient. +</p> +<p> + If this, my lords, should be done, I know not how the bill might, at + its second appearance, be received by other lords; for my part, I + should vote immediately for rejecting it, without any alleviating or + mollifying expedients. I should reject it, my lords, even on the last + day of the session, without any regard to the pretended necessity of + raising supplies, and without suffering myself to be terrified into + compliance by the danger of the house of Austria; for though I think + the balance of power on the continent necessary to be preserved at the + hazard of a fleet or an army, I cannot think it of equal importance to + us with the equipoise of our own government; nor can I conceive it my + duty to enslave myself to secure the freedom of another. +</p> +<p> + The danger, therefore, of disgusting the commons, at this or any other + juncture, shall never influence me to a tame resignation of the + privileges of our own house; nor shall I willingly allow any force to + arguments which are intended only to operate upon our fear; and, + therefore, unless there shall appear some better plea in favour of + this bill, I shall think it my duty to oppose it. +</p> +<p> + The other plea is the difficulty, or, in the style of the noble lord + who spoke last, the impossibility of raising supplies by any other + method. That it is not easy to raise supplies by any new tax, in a + nation where almost all the necessaries of life are loaded with + imposts, must be readily allowed; but that it is impossible, the folly + of the people, which is at least equal to their poverty, will not + suffer me to grant. +</p> +<p> + One other expedient, at least, has been already discovered by the + wonderful sagacity of our new ministers; an expedient which they + cannot, indeed, claim the honour of inventing, but which appears so + conformable to the rest of their conduct, and so agreeable to their + principles, that I doubt not but they will very often practise it, if + the continuance of their power be long enough to admit of a full + display of their abilities. +</p> +<p> + Amidst their tenderness for our manufactures, and their regard for + commerce, they have established a lottery for eight hundred thousand + pounds, by which they not only take advantage of an inclination too + predominant, an inclination to grow rich rather by a lucky hazard, + than successful industry; but give up the people a prey to + stockjobbers, usurers, and brokers of tickets, who will plunder them + without mercy, by the encouragement of those by whom it might be hoped + that they would be protected from plunderers. +</p> +<p> + All lotteries, my lords, are games, which are not more honest or more + useful for being legal; and the objection which has been made to all + other games, and which has never yet been answered, will be found + equally valid when applied to them. They engross that attention which + might be employed in improving or extending our manufactures; they + swallow that money which might circulate in useful trade; they give + the idle and the diligent an equal prospect of riches; and by + conferring unexpected wealth upon those who never deserved it, and + know not how to use it, they promote extravagance and luxury, + insolence and dissoluteness. +</p> +<p> + But these consequences, my lords, and a thousand others equally + important, equally formidable, may be objected without effect, against + any scheme by which money will be raised; money! the only end at which + our ministers have aimed for almost half a century; money! by which + only they have preserved the favour of the court, and the obedience of + the senate; money! which has supplied the place of wisdom at one time, + and of courage at another. +</p> +<p> + To gain money, my lords, they have injured trade by establishing a + lottery; and they are now about to sacrifice the health and virtue of + the people, to the preservation of a trade by which money may be + furnished to the government. This, my lords, is their only design, + however they may act, or whatever they may profess; if they endeavour + to protect either the trade or lives of people, it is only because + they expect a continuance of taxes from them; and when more desperate + measures are necessary for the same purposes, they ruin their trade by + one project, and destroy their lives by another. +</p> +<p> + Lord LONSDALE next spoke, to this effect:—My lords, it is not without + the utmost grief and indignation, that I find this house considered by + some who have spoken in vindication of this bill, as obliged to comply + with any proposals sent up by the commons for raising money, however + destructive to the publick, or however contrary to the dictates of our + conscience, or convictions of our reason. +</p> +<p> + What is this, my lords, but once more to vote ourselves useless? What + but to be the first that shall destroy the constitution of the + government, and give up that liberty which our ancestors established? +</p> +<p> + That this is really the design of any of the noble lords, who have + spoken in vindication of the bill, and have asserted the necessity of + passing it, without any attempts to amend it, I am very far from + affirming; but certainly, my lords, this, and this only, is the + consequence of their positions, with whatever intention they may have + advanced them; for how, my lords, can we call ourselves independent, + if we are to receive the commands of the other house? or with what + propriety can we assume the title of legislators, if we are to pass a + bill like this without examination? +</p> +<p> + The bill now before us, my lords, is of the utmost importance to the + happiness of that nation whose welfare we have hitherto been imagined + to superintend. In this bill are involved not only the trade and + riches, but the lives and morals of the British people; nor can we + suffer it to pass unexamined, without betraying the nation to + wickedness and destruction. +</p> +<p> + Should we, on this occasion, suffer ourselves to be degraded from + legislators to messengers from the commons to the throne; should we be + content only to transmit the laws which we ought to amend, and resign + ourselves up implicitly to the wisdom of those whom we have formerly + considered as our inferiours, I know not for what purpose we sit here. + It would be my counsel that we should no longer attempt to preserve + the appearance of power, when we have lost the substance, or submit to + share the drudgery of government, without partaking of the authority. +</p> +<p> + The time of such desperation is, indeed, not yet arrived; but every + act of servile compliance will bring it nearer; and, therefore, my + lords, for the sake of ourselves, as well as of the people, I join the + noble lord's motion for resuming the house, that farther information + may be obtained both by ourselves, by the commons, and by the nation. +</p> +<p> + The duke of NEWCASTLE then rose, and spoke to the effect + following:—My lords, I believe no lord in this assembly is more + zealous for the advantage of the publick than myself, or more desirous + to preserve the lives, or amend the morals of the people; but I cannot + think that this character can justly imply any dislike of the bill now + before us. +</p> +<p> + If I should admit what the noble lord has asserted, that the lives and + morals of the people are affected by this bill, I cannot yet see that + his inference is just, or that our compliance with the motion is, + therefore, necessary. +</p> +<p> + That under the present regulation, the miseries of the nation are + every day increased; that corruption spreads every day wider, and + debauchery makes greater havock, is confessed on all sides; and, + therefore, I can discover no reason for continuing the laws in their + present state, nor can think that we ought to decline any experiment + by which that disorder, which cannot be increased, may possibly be + lessened. +</p> +<p> + It is confessed by the noble lords, who declare their approbation of + the motion for postponing the consideration of this bill, that they + intend nothing less than a gentle and tacit manner of dropping it, by + showing the commons that though to avoid offence they do not + absolutely reject it, yet they cannot approve it, and will not pass + it; and that, therefore, the necessity of raising supplies, requires + that another bill should be formed, not liable to the same objections. +</p> +<p> + The consequence of this procedure, my lords, can only be, that either + the commons will form another bill for raising money, or that they + will send up this again with a new title, and such slight alterations + as not the happiness of the nation, but the forms of the senate + demand. +</p> +<p> + If, in return for our endeavours to reform a bill, of which they think + themselves the only constitutional judges, they should send it again + with only another title; what, my lords, shall we procure by the + delay, but a new occasion of murmurs and discontent, a new + confirmation of the power of the commons, and an establishment of + senatorial chicanery, at once pernicious to the publick, and + ignominious to ourselves. +</p> +<p> + That the commons, in sending back a bill that has been rejected in + this house, with only a change in the title, act contrary to the end + of senatorial consultations, though consistently with their external + forms, cannot be denied: but as each house is without any dependence + on the other, such deviations from the principles of our constitution, + however injurious to our authority, or however detrimental to the + nation, cannot be punished, nor otherwise prevented, than by caution + and prudence. +</p> +<p> + If, therefore, the commons, as they have formerly done, should return + the bill without alteration, we shall only have impaired our own + authority, and shaken the foundations of our government by a fruitless + opposition. Nor shall we gain any advantage, though they should comply + with our expectations, and employ the little time that remains in + contriving a new tax; for corruption must then proceed without + opposition, the people must grow every day more vitious, and + debauchery will, in a short time, grow too general to be suppressed. +</p> +<p> + With regard to the bill before us, the only question that is necessary + or proper, is, whether it will promote or hinder the consumption of + distilled liquors? for as to the effects of those liquors, those that + vindicate, and that oppose this bill, are of the same opinion; and all + will readily allow, that if the law now proposed shall be found to + increase the consumption which it was intended to diminish, it ought + immediately to be repealed, as destructive to the people, and contrary + to the end for which it was designed; but if the additional duties + shall produce any degree of restraint, if they shall hinder the + consumption even of a very small part, I think it must be allowed that + the provisions are just and useful; since it has already appeared, + that this vice is too deeply rooted to be torn up at once; and that, + therefore, it is to be pruned away by imperceptible diminution. +</p> +<p> + Whether the provisions now offered in the bill might not admit of + improvements; whether some other more efficacious expedients might not + be discovered; and whether the duties might not be raised yet higher, + with more advantage to the publick, may undoubtedly admit of long + disputes and deep inquiries; but for these inquiries and disputes, my + lords, there is at present no time: the affairs of the continent + require our immediate interposition, the general oppressors of the + western world are now endeavouring to extend their dominions, and + exalt their power beyond the possibility of future opposition; and our + allies, who were straggling against them, can no longer continue their + efforts without assistance. +</p> +<p> + At a time like this, my lords, it is not proper to delay the supplies + by needless controversies; or, indeed, by any disputes which may, + without great inconvenience, be delayed to a time of tranquillity, a + time when all our inquiries may be prosecuted at leisure, when every + argument may be considered in its full extent, and when the + improvement of our laws ought, indeed, to be our principal care. At + present it appears to me, that every method of raising money, without + manifest injury to the morals of the people, deserves our approbation; + and, therefore, that we ought to pass this bill, though it should not + much hinder the consumption of spirituous liquors, if it shall barely + appear that it will not increase it. +</p> +<p> + It is at least proper, that, at this pressing exigence, those that + oppose the bills by which supplies are to be raised, should, by + offering other expedients, show that their opposition proceeds not + from any private malevolence to the ministry, or any prepossession + against the publick measures, but from a steady adherence to just + principles, and an impartial regard for the publick good; for it may + be suspected, that he who only busies himself in pulling down, without + any attempts to repair the breaches that he has made, with more fit or + durable materials, has no real design of strengthening the + fortification. +</p> +<p> + It has been proposed, indeed, by one of the noble lords, that a tax of + three shillings a gallon should be laid upon all distilled spirits, + and collected by the laws of excise at the still-head, which would + doubtless secure a great part of the people from the temptations to + which they are at present exposed, but would at the same time produce + another effect not equally to be desired. +</p> +<p> + I have been informed, my lords, upon mentioning this proposal in + conversation, that such duties will raise the price of the liquors + distilled among us above that of foreign countries; and that, + therefore, not only all our foreign trade of this kind would be + immediately destroyed, but that many of those who now drink our own + spirits, only because they are cheaper, will then purchase those of + foreign countries, which are generally allowed to be more pleasant. +</p> +<p> + That this is really the state of the affair, I do not affirm; for I + now relate only what I have heard from others; but surely the + imposition of so heavy a duty requires a long consideration; nor can + it be improper to mention any objections, the discussion of which may + contribute to our information. +</p> +<p> + But any other regulations than those now offered, will require so many + inquiries, and so long consultation, that the senate will expect to be + dismissed from their attendance, before any resolutions are formed; + and when once the supplies are provided, we shall find ourselves + obliged to leave the law relating to spirituous liquors in its present + state. +</p> +<p> + Then, my lords, will the enemies of the government imagine that they + have a new opportunity of gratifying their malignity, by censuring us + as wholly negligent of the publick happiness, and charge us with + looking without concern upon the debauchery, the diseases, and the + poverty of the people, without any compassion of their wants, or care + of their reformation. +</p> +<p> + That to continue the present law any longer, will be only to amuse + ourselves with ineffectual provisions, is universally allowed; nor is + there any difference of opinion with regard to the present state of + the vice which we are now endeavouring to hinder. The last law was + well intended, but was dictated by anger, and ratified by zeal; and + therefore was too violent to be executed, and, instead of reforming, + exasperated the nation. +</p> +<p> + No sooner, therefore, did the magistrates discover the inflexible + resolution of the people, their furious persecution of informers, and + their declared hatred of all those who concurred in depriving them of + this dangerous pleasure, than they were induced, by regard to their + own safety, to relax that severity which was enjoined, and were + contented to purchase safety by gratifying, or, at least, by not + opposing those passions of the multitude, which they could not hope to + control; the practice of drinking spirits continued, and the + consumption was every year greater than the former. +</p> +<p> + This, my lords, is the present state of the nation; a state + sufficiently deplorable, and which all the laws of humanity and + justice command us to alter. This is the universal declaration. We all + agree, that the people grow every day more corrupt, and that this + corruption ought to be stopped; but by what means is yet undecided. +</p> +<p> + Violent methods and extremity of rigour have been already tried, and + totally defeated; it is, therefore, proposed to try more easy and + gentle regulations, that shall produce, by slow degrees, the + reformation which cannot be effected by open force; these new + regulations appear to many lords not sufficiently coercive, and are + imagined still less likely to reform a vice so inveterate, and so + firmly established. +</p> +<p> + These opinions I cannot flatter myself with the hope of reconciling; + but must yet observe, that the consumption of these liquors, as of all + other commodities, can only be lessened by proper duties, and that + every additional imposition has a tendency to lessen them; and since, + so far as it extends, it can produce no ill effects, deserves the + approbation of those who sincerely desire to suppress this odious vice + that has so much prevailed, and been so widely diffused. +</p> +<p> + It is, indeed, possible, that the duties now proposed may be found not + sufficient; but for this defect there is an easy remedy. The duty, if + it be found, by the experience of a single year, to be too small, may, + in the next, be easily augmented, and swelled, by annual increases, + even to the height which is now proposed, if no remedy more easy can + be found. +</p> +<p> + It may be objected, that this fund will be mortgaged for the payment + of the sums employed in the service of the war; and that, therefore, + the state of the duty cannot afterwards be altered without injustice + to the publick creditors, and a manifest violation of the faith of the + senate; but, my lords, though in the hurry of providing for a pressing + and important war, the commons could not find any other method so easy + of raising money, it cannot be doubted but that when they consider the + state of the nation at leisure, they will easily redeem this tax, if + it shall appear inconvenient, and substitute some other, less + injurious to the happiness of the publick. +</p> +<p> + It was not impossible for them to have done this in the beginning of + this session; nor can it be supposed, that men so long versed in + publick affairs, could not easily have proposed many other imposts; + but it may be imagined, that they chose this out of many, without + suspecting that it would be opposed; and believed, that they were at + once raising supplies, and protecting the virtue of the people. +</p> +<p> + Nor, indeed, my lords, does it yet appear that they have been + mistaken; for though the arguments of the noble lords who oppose the + bill are acute and plausible, yet since they agree that the + consumption of these liquors is, at last, to be hindered by raising + their price, it is reasonable to conceive, that every augmentation of + the price must produce a proportionate diminution of the consumption; + and that, therefore, this duty will contribute, in some degree, to the + reformation of the people. It seems, at least, in the highest degree + probable, that it cannot increase the evil which it is intended to + remedy; and that, therefore, we may reasonably concur in it, as it + will furnish the government with supplies, without any inconvenience + to those that pay them. +</p> +<p> + The bishop of OXFORD next spoke to this effect:—My lords, this + subject has already been so acutely considered, and so copiously + discussed, that I rise up in despair of proposing any thing new, of + explaining any argument more clearly, or urging it more forcibly, of + starting any other subject of consideration, or pointing out any + circumstance yet untouched in those that have been proposed. +</p> +<p> + Yet, my lords, though I cannot hope to add any thing to the knowledge + which your lordships have already obtained of the subject in debate, I + think it my duty to add one voice to the truth, and to declare, that + in the balance of my understanding, the arguments against the bill + very much outweigh those that have been offered in its favour. +</p> +<p> + It is always presumed by those who vindicate it, that every + augmentation of the price will necessarily produce a proportionate + decrease of the consumption. This, my lords, is the chief, if not the + only argument that has been advanced, except that which is drawn from + the necessity of raising supplies, and the danger of disgusting the + other house. But this argument, my lords, is evidently fallacious; and + therefore the bill, if it passes, must pass without a single reason, + except immediate convenience. +</p> +<p> + Let us examine, my lords, this potent argument, which has been + successively urged by all who have endeavoured to vindicate the bill, + and echoed from one to another with all the confidence of + irrefragability; let us consider on what suppositions it is founded, + and we shall soon find how easily it will be dissipated. +</p> +<p> + It is supposed, by this argument, that every drinker of these liquors + spends as much as he can possibly procure; and that therefore the + least additional price must place part of his pleasure beyond his + reach. This, my lords, cannot be generally true; it is perhaps + generally, if not universally false. It cannot be doubted, but that + many of those who corrupt their minds and bodies with these pernicious + draughts, are above the necessity of constraining their appetites to + escape so small an expense as that which is now to be imposed upon + them; and even of those whose poverty can sink no lower, who are in + reality exhausted by every day's debauch, it is at least as likely + that they will insist upon more pay for their work, or that they will + steal with more rapacity, as that they will suffer themselves to be + debarred from the pleasures of drunkenness. +</p> +<p> + It is not certain that this duty will make these liquors dearer to + those who drink them; since the distiller will more willingly deduct + from his present profit the small tax that is now proposed, than + suffer the trade to sink; and even if that tax should be, as is usual, + levied upon the retailer, it has been already observed, that, in the + quantities necessary to drunkenness, it will not be perceptible. +</p> +<p> + But, my lords, though this argument appears thus weak upon the first + and slightest consideration, the chief fallacy is still behind. Those, + who have already initiated themselves in debauchery, deserve not the + chief consideration of this assembly; they are, for the greatest part, + hopeless and abandoned, and can only be withheld by force from + complying with those desires to which they are habitually enslaved. + They may, indeed, be sometimes punished, and at other times + restrained, but cannot often be reformed. +</p> +<p> + Those, my lords, who are yet uncorrupted, ought first to engage our + care; virtue is easily preserved, but difficultly regained. But for + those what regard has hitherto been shown? What effect can be expected + from this bill, but that of exposing them to temptations, by placing + unlawful pleasures in their view? pleasures, which, however unworthy + of human nature, are seldom forsaken after they have once been tasted. +</p> +<p> + In the consideration of the present question, it is to be remembered, + that multitudes are already corrupted, and the contagion grows more + dangerous in proportion as greater numbers are infected. +</p> +<p> + To stop the progress of this pestilence, my lords, ought to be the + governing passion of our minds; to this point ought all our aims to be + directed, and for this end ought all our projects to be calculated. +</p> +<p> + But how, my lords, is this purpose promoted by a law which gives a + license, an unlimited and cheap license, for the sale of that liquor, + to which, even those who support the bill impute the present + corruption of the people? This surely is no rational scheme of + reformation, nor can it be imagined, that a favourite and inveterate + vice is to be extirpated by such gentle methods. +</p> +<p> + Let us consider, my lords, more nearly the effects of this + new-invented regulation, and we shall see how we may expect from them + the recovery of publick virtue. A law is now to be repealed, by which + the use of distilled liquors is prohibited, but which has not been for + some time put in execution, or not with vigour sufficient to surmount + the difficulties and inconveniencies by which its operation was + obstructed. The law is, however, yet in force, and whoever sells + spirits must now sell them at the hazard of prosecution and penalties, + and with an implicit confidence in the kindness and fidelity of the + purchaser. +</p> +<p> + It cannot be supposed, my lords, but that a law like this must have + some effect. It cannot be doubted that some are honest and others + timorous; and that among the wretches who are most to be suspected of + this kind of debauchery, there are some in whom it is not safe to + confide; they, therefore, must sometimes be hindered from destroying + their reason by other restraints than want of money; and, when they + are trusted with the secret of an illegal trade, must pay a dearer + rate for the danger that is incurred. +</p> +<p> + But when this law is repealed, and every street and alley has a shop + licensed to distribute this delicious poison, what can we expect? The + most sanguine advocate for the bill cannot surely hope, that any of + those who now drink spirits will refrain from them, only because they + are sold without danger; and though what cannot be proved, or even + hoped, should be admitted, that some must content themselves with a + smaller quantity on account of the advanced price, yet while they take + all opportunities of debauchery, while they spend, in this destructive + liquor, all that either honest labour or daring theft will supply, + they must always be examples of intemperance; such examples as, from + the experience of late years, we have reason to believe will find many + imitators; and therefore will promote at once the consumption of + spirits, and the corruption of the people. +</p> +<p> + There is always to be found in wickedness a detestable ambition of + gaining proselytes: every man who has suffered himself to be + corrupted, is desirous to hide himself from infamy in crowds as + vitious as himself, or desires companions in wickedness from the same + natural inclination to society, which prompts almost every man to + avoid singularity on other occasions. +</p> +<p> + Whatever be the reason, it may be every day observed, that the great + pleasure of the vitious is to vitiate others; nor is it possible to + squander an hour in the assemblies of debauchees of any rank, without + observing with what importunity innocence is attacked, and how many + arts of sophistry and ridicule are used to weaken the influence of + virtue, and suppress the struggles of conscience. +</p> +<p> + The fatal art by which virtue is most commonly overborne is the + frequent repetition of temptations, which, though often rejected, will + at some unhappy moment generally prevail, and, therefore, ought to be + removed; but which this bill is intended to place always in sight. +</p> +<p> + To what purpose will it be, my lords, to deprive nine hardened + profligates of a tenth part of the liquor which they now drink, which + is the utmost that this duty will effect? If they have an opportunity + of corrupting one by their solicitation and example, the difference + between nine and ten acts of debauchery is of very small importance to + mankind, or even to the persons who are thus restrained, since their + forbearance of the utmost excesses is only the effect of their + poverty, not of their virtue. +</p> +<p> + How far is such restraint from being equivalent to the corruption of + one mind, yet pure and undebauched! to the seduction of one heart from + virtue, and a new addition to the interest and prevalence of + wickedness! If it be necessary that the supplies should be raised for + the government by the use of this pernicious liquor, it is desirable + that it should be confined to few, and that it should rather be + swallowed in large quantities by hopeless drunkards, than offered + everywhere to the taste of innocence and youth, in licensed houses of + wickedness. +</p> +<p> + The consumption will, for a time, be the same in both cases, but with + this important difference, that wickedness would only be continued, + not promoted; and as the poison would rid the land by degrees of the + present race of profligates, it might be hoped, that our posterity + would be uninfected. +</p> +<p> + But under the present scheme of regulations, my lords, vice will be + propagated under the countenance of the legislature; and that kind of + wickedness by which the nation is so infatuated that it has increased + yearly, in opposition to a penal law, will now not only be suffered, + but encouraged, and enjoy not impunity only, but protection. +</p> +<p> + Thus, if we pass the bill, we shall not even be able to boast the + petty merit of leaving the nation in its present state; we shall take + away the present restraints of vice, without substituting any in their + place; we shall, perhaps, deprive a few hardened drunkards of a small + part of the liquor which they now swallow, but shall open, according + to the expectation of the noble lord, fifty thousand houses of + licensed debauchery for the ruin of millions yet untainted. +</p> +<p> + To leave the nation in its present state, which is allowed on all + hands to be a state of corruption, seems to be the utmost ambition of + one of the noble lords, who has pleaded with the greatest warmth for + this bill; for he concluded, with an air of triumph, by asking, how we + can be censured for only suffering the nation to continue in its + former state? +</p> +<p> + We may be, in my opinion, my lords, censured as traitors to our trust, + and enemies to our country, if we permit any vice to prevail, when it + is in our power to suppress it. We may be cursed, with justice, by + posterity, as the abettors of that debauchery by which poverty and + disease shall be entailed upon them, contemned in the present as the + flatterers of those appetites which we ought to regulate, and insulted + by that populace whom we dare not oppose. +</p> +<p> + Had none of our predecessors endeavoured the reformation of the + people, had they contented themselves always to leave the nation as + they found it, there had been long ago an end of all the order and + security of society; for the natural depravity of human nature has + always a tendency from less to greater evil; and the same causes which + had made us thus wicked, will, if not obviated, make us worse. +</p> +<p> + Since the noble lord thinks it not necessary to attempt the + reformation of the people, he might have spared the elaborate + calculation by which he has proved, that a large sum wilt be gained by + the government, though one third part of the consumption be prevented; + for it is of very little importance to discuss the consequences of an + event which will never happen. He should first have proved, that a + third part of the consumption will in reality be prevented, and then + he might very properly have consoled the ministry, by showing how much + they would gain from the residue. +</p> +<p> + That this bill, as it now stands, will produce a large revenue to the + government, but no reformation in the people, is asserted by those + that oppose, and undoubtedly believed by those that defend it; but as + this is not the purpose which I am most desirous of promoting, I + cannot but think it my duty to agree to the proposal of the noble + lord, that by postponing the consideration of the bill, more exact + information may be obtained by us, and the commons may be alarmed at + the danger into which the nation has been brought by their + precipitation. +</p> +<p> + Lord BATH then rose again, and spoke to the following effect:—My + lords, as the noble lord who has just spoken appears to have + misapprehended some of my assertions, I think it necessary to rise + again, that I may explain with sufficient clearness what, perhaps, I + before expressed obscurely, amidst the number of different + considerations that crowded my imagination. +</p> +<p> + With regard to the diminution that might be expected from this law, I + did not absolutely assert, at least, I did not intend to assert, that + a third part would be taken off; but only advanced that supposition as + the basis of a calculation, by which I might prove what many lords + appeared to doubt, that the consumption might possibly be diminished, + and yet the revenue increased. +</p> +<p> + Upon this supposition, which must be allowed to be reasonable, both + the purposes of the bill will be answered, and the publick supplies + will be raised by the suppression of vice. +</p> +<p> + The diminution of the consumption may be greater or less than I have + supposed. If it be greater, the revenue will be, indeed, less + augmented; but the purposes which, in the opinion of the noble lords + who oppose the bill, are more to be regarded, will be better promoted, + and all their arguments against it will be, at least, defeated; nor + will the ministry, I hope, regret the failure of a tax which is + deficient only by the sobriety of the nation. +</p> +<p> + If the diminution be less than I have supposed, yet if there be any + diminution, it cannot be said that the bill has been wholly without + effect, or that the ministry have not proceeded either with more + judgment or better fortune than their predecessors, or that they have + not, at least, taken advantage of the errours that have been + committed. It must be owned, that they have either reformed the + nation, or at least pointed out the way by which the reformation that + has been so long desired, may be effected. +</p> +<p> + That this tax will in some degree hinder drunkenness, it is reasonable + to expect, because it can only be hindered by taxing the liquors which + are used in excess; but there yet remain, concerning the weight of the + tax that ought to be laid upon them, doubts which nothing but + experience can, I believe, remove. +</p> +<p> + By experience, my lords, we have been already taught, that taxes may + be so heavy as to be without effect; that restraint may be so violent + as to produce impatience; and, therefore, it is proper in the next + essay to proceed by slow degrees and gentle methods, and produce that + effect imperceptibly which we find ourselves unable to accomplish at + once. +</p> +<p> + I cannot therefore think, that the duty of three shillings a gallon + can be imposed without defeating our own design, and compelling the + people to find out some method of eluding the law like that which was + practised after the act, by which in the second year of his present + majesty, five shillings were imposed upon every gallon of compound + waters; after which it is well known, that the distillers sold a + simple spirit under the contemptuous title of <i>senatorial brandy</i>, and + the law being universally evaded, was soon after repealed as useless. +</p> +<p> + Such, my lords, or worse, will be the consequence of the tax which the + noble lord has proposed; for if it cannot be evaded, spirits will be + brought from nations that have been wiser than to burden their own + commodities with such insupportable impost, and the empire will soon + be impoverished by the exportation of its money. +</p> +<p> + Lord HERVEY answered, in substance as follows:—My lords, I am very + far from thinking the arguments of the noble lord such as can + influence men desirous to promote the real and durable happiness of + their country; for he is solicitous only about the prosperity of the + British manufactures, and the preservation of the British trade, but + has shown very little regard to British virtue. +</p> +<p> + That part of his argument is, therefore, not necessary to be answered, + if the suggestion upon which it is founded were true, since it will be + sufficient to compare the advantage of the two schemes. And with + regard to his insinuation, that senatorial brandy may be revived by a + high duty, I believe, first, that, no such evasion can be contrived, + and in the next place am confident, that it may be defeated by + burdening the new-invented liquor, whatever it be, if it be equally + pernicious, with an equal tax. The path of our duty, my lords, is + plain and easy, and only represented difficult by those who are + inclined to deviate from it. +</p> +<p> + Lord BATHURST spoke next, to the effect following:—My lords, whatever + measures may be practised by the people for eluding the purposes of + the bill now before us, with whatever industry they may invent new + kinds of senatorial brandy, or by whatever artifices they may escape + the diligence of the officers employed to collect a duty levied upon + their vices and their pleasures, there is, at least, no danger that + they will purchase from the continent those liquors which we are + endeavouring to withhold from them, or that this bill will impoverish + our country by promoting a trade contrary to its interest. +</p> +<p> + What would be the consequence of the duty of three shillings a gallon, + proposed by the noble lord, it is easy to judge. What, my lords, can + be expected from it, but that it will either oblige or encourage the + venders of spirits to procure from other places what they can no + longer buy for reasonable prices at home? and that those drunkards who + cannot or will not suddenly change their customs, will purchase from + abroad the pleasures which we withhold from them, and the wealth of + the nation be daily diminished, but the virtue little increased? +</p> +<p> + Thus, my lords, shall we at once destroy our own manufacture and + promote that of our neighbours. Thus shall we enrich other governments + by distressing our own, and instead of increasing sobriety, only + encourage a more expensive and pernicious kind of debauchery. +</p> +<p> + In the bill now under our consideration, a middle way is proposed, by + which reformation may be introduced by those gradations which have + always been found necessary when inveterate vices are to be + encountered. In this bill every necessary consideration appears to + have been regarded, the health of the people will be preserved, and + their virtue recovered, without destroying their trade or starving + their manufacturers. +</p> +<p> + The efficacy of this bill seems, indeed, to be allowed by some of the + lords who oppose it, since their chief objection has arisen from their + doubts whether it can be executed. If a law be useless in itself, it + is of no importance whether it is executed or not; and, therefore, I + think it may safely be inferred, that they who are solicitous how it + may be enforced, are convinced of its usefulness. +</p> +<p> + If this, my lords, be the chief objection now remaining, a little + consideration will easily remove it; for it is well known, that the + only obstruction of the former law was the danger of information; but + this law, my lords, is so contrived, that it will promote the + execution of itself; for by setting licenses at so low a price, their + number will be multiplied, and every man who has taken a license will + think himself justified in informing against him that shall retail + spirits without a legal right. +</p> +<p> + If, therefore, there should be, as a noble lord has very reasonably + supposed, fifty thousand licensed venders of these liquors, there will + likewise be fifty thousand informers against unlawful traders; and as + the liquors may then always be had under sanction of the law, the + populace will not interest themselves in that process which can have + no tendency to obstruct their pleasure. +</p> +<p> + Thus, my lords, shall we, by agreeing to this bill, make a law that + will be at once useful to the government and beneficial to the people, + which will be at once powerful in its effects and easy in its + execution; and, therefore, instead of attending any more to the wild + and impracticable schemes of heavy taxes, rigorous punishments, sudden + reformations, and violent restraints, I hope we shall unanimously + approve this method, from which so much may be hoped, while nothing is + hazarded. +</p> +<p> + Lord CARTERET then rose up, and spoke in substance as follows:—My + lords, though the noble lord who has been pleased to incite us to an + unanimous concurrence with himself and his associates of the ministry, + in passing this excellent and wonder-working bill, this bill, which is + to lessen the consumption of spirits, without lessening the quantity + which is distilled, which is to restrain drunkards from drinking, by + setting their favourite liquor always before their eyes, to conquer + habits by continuing them, and correct vice by indulging it, according + to the lowest reckoning, for at least another year; yet, my lords, + such is my obstinacy, or such my ignorance, that I cannot yet comply + with his proposal, nor can prevail with myself either to concur with + measures so apparently opposite to the interest of the publick, or to + hear them vindicated, without declaring how little I approve them. +</p> +<p> + During the course of this long debate I have endeavoured to + recapitulate and digest the arguments which have been advanced, and + have considered them both separate and conjoined; but find myself at + the same distance from conviction as when I entered the house; nor do + I imagine, that they can much affect any man who does not voluntarily + assist them by strong prejudice. +</p> +<p> + In vindication of this bill, my lords, we have been told that the + present law is ineffectual; that our manufacture is not to be + destroyed, or not this year; that the security offered by the present + bill has induced great numbers to subscribe to the new fund; that it + has been approved by the commons; and that, if it be found + ineffectual, it may be amended another session. +</p> +<p> + All these arguments, my lords, I shall endeavour to examine, because I + am always desirous of gratifying those great men to whom the + administration of affairs is intrusted, and have always very + cautiously avoided the odium of disaffection which they will + undoubtedly throw, in imitation of their predecessors, upon all those + whose wayward consciences shall oblige them to hinder the execution of + their schemes. +</p> +<p> + With a very strong desire, therefore, though with no great hopes of + finding them in the right, I venture to begin my inquiry, and engage + in the examination of their first assertion, that the present law + against the abuse of strong liquors is without effect. +</p> +<p> + I hope, my lords, it portends well to my inquiry, that the first + position which I have to examine is true, nor can I forbear to + congratulate your lordships upon having heard from the new ministry + one assertion not to be contradicted. +</p> +<p> + It is evident, my lords, from daily observation, and demonstrable from + the papers upon the table, that every year, since the enaction of the + last law, that vice has increased which it was intended to repress, + and that no time has been so favourable to the retailers of spirits as + that which has passed since they were prohibited. +</p> +<p> + It may, therefore, be expected, my lords, that having agreed with the + ministers in their fundamental proposition, I shall concur with them + in the consequence which they draw from it; and having allowed that + the present law is ineffectual, should admit that another is + necessary. +</p> +<p> + But, my lords, in order to discover whether this consequence be + necessary, it must first be inquired why the present law is of no + force? For, my lords, it will be found, upon reflection, that there + are certain degrees of corruption that may hinder the effects of the + best laws. The magistrates may be vitious, and forbear to enforce that + law, by which themselves are condemned; they may be indolent, and + inclined rather to connive at wickedness by which they are not injured + themselves, than to repress it by a laborious exertion of their + authority; or they may be timorous, and, instead of awing the vitious, + may be awed by them. +</p> +<p> + In any of these cases, my lords, the law is not to be condemned for + its inefficacy, since it only fails by the defect of those who are to + direct its operations; the best and most important laws will + contribute very little to the security or happiness of a people, if no + judges of integrity and spirit can be found amongst them. Even the + most beneficial and useful bill that ministers can possibly imagine, a + bill for laying on our estates a tax of the fifth part of their yearly + value, would be wholly without effect, if collectors could not be + obtained. +</p> +<p> + I am, therefore, my lords, yet doubtful, whether the inefficacy of the + law now subsisting necessarily obliges us to provide another; for + those that declared it to be useless, owned at the same time, that no + man endeavoured to enforce it; so that, perhaps, its only defect may + be, that it will not execute itself. +</p> +<p> + Nor though I should allow, that the law is at present impeded by + difficulties which cannot be broken through, but by men of more spirit + and dignity than the ministers may be inclined to trust with + commissions of the peace, yet it can only be collected, that another + law is necessary, not that the law now proposed will be of any + advantage. +</p> +<p> + Great use has been made of the inefficacy of the present law to decry + the proposal made by the noble lord for laying a high duty upon these + pernicious liquors. High duties have already, as we are informed, been + tried without advantage; high duties are at this hour imposed upon + those spirits which are retailed, yet we see them every day sold in + the streets without the payment of the tax required; and, therefore, + it will be folly to make a second essay of means which have been + found, by the experience of many years, unsuccessful. +</p> +<p> + It has been granted on all sides in this debate, nor was it ever + denied on any other occasion, that the consumption of any commodity is + most easily to be hindered by raising its price, and its price is to + be raised by the imposition of a duty; this, my lords, which is, I + suppose, the opinion of every man, of whatever degree of experience or + understanding, appears likewise to have been thought by the authors of + the present law; and, therefore, they imagined, that they had + effectually provided against the increase of drunkenness, by laying + upon that liquor which should be retailed in small quantities, a duty + which none of the inferiour classes of drunkards would be able to pay. +</p> +<p> + Thus, my lords, they conceived that they had reformed the common + people, without infringing the pleasures of others, and applauded the + happy contrivance by which spirits were to be made dear only to the + poor, while every man who could afford to purchase two gallons, was at + liberty to riot at his ease, and over a full flowing bumper look down + with contempt upon his former companions, now ruthlessly condemned to + disconsolate sobriety, or obliged to regale themselves with liquor + which did no speedy execution upon their cares, but held them for many + tedious hours in a languishing possession of their senses and their + limbs. +</p> +<p> + But, my lords, this intention was frustrated, and the project, + ingenious as it was, fell to the ground; for though they had laid a + tax, they unhappily forgot that this tax would make no addition to the + price, unless it was paid; and that it would not be paid, unless some + were empowered to collect it. +</p> +<p> + Here, my lords, was the difficulty; those who made the law were + inclined to lay a tax from which themselves should be exempt, and, + therefore, would not charge the liquor as it issued from the still; + and when once it was dispersed in the hands of petty dealers, it was + no longer to be found without the assistance of informers, and + informers could not carry on the business of persecution without the + consent of the people. +</p> +<p> + It is not necessary to dwell any longer upon the law of which the + repeal is proposed, since it appears already, that it failed only from + a partiality not easily defended, and from the omission of what is now + proposed, the collection of the duty as the liquor is distilled. +</p> +<p> + If this method be followed, there will be no longer any need of + information, or of any rigorous or new measures; the same officers + that collect a smaller duty may levy a greater, nor can they be easily + deceived with regard to the quantities that are made; the deceits, at + least, that can be used, are in use already; they are frequently + detected and suppressed; nor will a larger duty enable the distillers + to elude the vigilance of the officers with more success. +</p> +<p> + Against this proposal, therefore, the inefficacy of the present law + can be no objection; but it is urged, that such duties would destroy + the trade of distilling; and a noble lord has been pleased to express + great tenderness for a manufacture so beneficial and extensive. +</p> +<p> + I cannot but sometimes wonder, my lords, at the amazing variety of + intellects, which every day furnishes some opportunity or other of + observing, and which cannot but be remarked on this occasion, when one + produces against a proposal the very argument which another offers in + its favour. That a large duty levied at the still would destroy or + very much impair the trade of distilling, is certainly supposed by + those who defend it, for they proposed it only for that end; and what + better method can they propose, when they are called to deliberate + upon a bill for the prevention of the excessive use of distilled + liquors? +</p> +<p> + The noble lord has been pleased kindly to inform us, that the trade of + distilling is very extensive, that it employs great numbers, and that + they have arrived at exquisite skill, and therefore,—note well the + consequence—the trade of distilling is not to be discouraged. +</p> +<p> + Once more, my lords, allow me to wonder at the different conceptions + of different understandings. It appears to me, that since the spirits + which the distillers produce are allowed to enfeeble the limbs, and + vitiate the blood, to pervert the heart, and obscure the intellects, + that the number of distillers should be no argument in their favour! + For I never heard that a law against theft was repealed or delayed, + because thieves were numerous. It appears to me, my lords, that if so + formidable a body are confederated against the virtue or the lives of + their fellow-citizens, it is time to put an end to the havock, and to + interpose, while it is yet in our power to stop the destruction. +</p> +<p> + As little, my lords, am I affected with the merit of the wonderful + skill which the distillers are said to have attained: it is, in my + opinion, no faculty of great use to mankind, to prepare palatable + poison; nor shall I ever contribute my interest for the reprieve of a + murderer, because he has, by long practice, obtained great dexterity + in his trade. +</p> +<p> + If their liquors are so delicious, that the people are tempted to + their own destruction, let us at length, my lords, secure them from + these fatal draughts, by bursting the vials that contain them; let us + crush, at once, these artists in slaughter, who have reconciled their + countrymen to sickness and to ruin, and spread over the pitfals of + debauchery such baits as cannot be resisted. +</p> +<p> + The noble lord has, indeed, admitted, that this bill may not be found + sufficiently coercive, but gives us hopes that it may be improved and + enforced another year, and persuades us to endeavour the reformation + of drunkenness by degrees, and above all, to beware, at present, of + hurting the <i>manufacture</i>. +</p> +<p> + I am very far, my lords, from thinking, that there are this year any + peculiar reasons for tolerating murder; nor can I conceive why the + manufacture should be held sacred now, if it be to be destroyed + hereafter; we are, indeed, desired to try how far this law will + operate, that we may be more able to proceed with due regard to this + valuable manufacture. +</p> +<p> + With regard to the operation of the law, it appears to me that it will + only enrich the government without reforming the people, and I believe + there are not many of a different opinion: if any diminution of the + sale of spirits be expected from it, it is to be considered, that this + diminution will or will not be such as is desired for the reformation + of the people; if it be sufficient, the manufacture is at an end, and + all the reasons against a higher duty are of equal force against this; + but if it is not sufficient, we have, at least, omitted part of our + duty, and have neglected the health and virtue of the people. +</p> +<p> + I cannot, my lords, yet discover, why a reprieve is desired for this + manufacture; why the present year is not equally propitious to the + reformation of mankind as any will be that may succeed it. It is true + we are at war with two nations, and, perhaps, with more; but war may + be better prosecuted without money than without men, and we but little + consult the military glory of our country, if we raise supplies for + paying our armies, by the destruction of those armies that we are + contriving to pay. +</p> +<p> + We have heard the necessity of reforming the nation by degrees urged + as an argument for imposing first a lighter duty, and afterwards a + heavier; this complaisance for wickedness, my lords, is not so + defensible as that it should be battered by arguments in form, and + therefore I shall only relate a reply made by Webb, the noted walker, + upon a parallel occasion. +</p> +<p> + This man, who must be remembered by many of your lordships, was + remarkable for vigour, both of mind and body, and lived wholly upon + water for his drink, and chiefly upon vegetables for his other + sustenance: he was one day recommending his regimen to one of his + friends who loved wine, and who, perhaps, might somewhat contribute to + the prosperity of this <i>spirituous manufacture</i>, and urged him, with + great earnestness, to quit a course of luxury by which his health and + his intellects would equally be destroyed. The gentleman appeared + convinced, and told him, that he would conform to his counsel, and + thought he could not change his course of life at once, but would + leave off strong liquors by degrees. By degrees, says the other, with + indignation! if you should unhappily fall into the fire, would you + caution your servants not to pull you out but by degrees? +</p> +<p> + This answer, my lords, is applicable in the present case; the nation + is sunk into the lowest state of corruption, the people are not only + vitious, but insolent beyond example; they not only break the laws, + but defy them; and yet some of your lordships are for reforming them + by degrees. +</p> +<p> + I am not easily persuaded, my lords, that our ministers really intend + to supply the defects that may hereafter be discovered in this bill; + it will doubtless produce money, perhaps much more than they appear to + expect from it; I doubt not but the licensed retailers will be more + than fifty thousand, and the quantity retailed must increase with the + number of retailers. As the bill will, therefore, answer all the ends + intended by it, I do not expect to see it altered, for I have never + observed ministers desirous of amending their own errours, unless they + are such as produce a deficiency in the revenue. +</p> +<p> + Besides, my lords, it is not certain, that when this fund is mortgaged + to the publick creditors, they can prevail upon the commons to change + the security; they may continue the bill in force for the reasons, + whatever they are, for which they have passed it, and the good + intentions of our ministers, however sincere, may be defeated, and + drunkenness, legal drunkenness, established in the nation. +</p> +<p> + This, my lords, is very reasonable; and therefore we ought to exert + ourselves for the safety of the nation, while the power is yet in our + own hands, and without regard to the opinion or proceedings of the + other house, show that we are yet the chief guardians of the people, + and the most vigilant adversaries of wickedness. +</p> +<p> + The ready compliance of the commons with the measures proposed in this + bill, has been mentioned here with a view, I suppose, of influencing + us, but surely by those who had forgotten our independence, or + resigned their own. It is not only the right, but the duty of either + house, to deliberate without regard to the determinations of the + other; for how would the nation receive any benefit from the distinct + powers that compose the legislature, unless their determinations are + without influence upon each other? If either the example or authority + of the commons can divert us from following our own convictions, we + are no longer part of the legislature; we have given up our honours + and our privileges, and what then is our concurrence but slavery, or + our suffrage but an echo? +</p> +<p> + The only argument, therefore, that now remains, is the expediency of + gratifying those by whose ready subscription the exigencies which the + counsels of our new statesmen have brought upon us, and of continuing + the security by which they have been encouraged to such liberal + contributions. +</p> +<p> + Publick credit, my lords, is, indeed, of very great importance, but + publick credit can never be long supported without publick virtue; nor + indeed if the government could mortgage the morals and health of the + people, would it be just or rational to confirm the bargain. If the + ministry can raise money only by the destruction of their + fellow-subjects, they ought to abandon those schemes for which the + money is necessary: for what calamity can be equal to unbounded + wickedness? +</p> +<p> + But, my lords, there is no necessity for a choice which may cost us or + our ministers so much regret; for the same subscriptions may be + procured by an offer of the same advantages to a fund of any other + kind, and the sinking fund will easily supply any deficiency that + might be suspected in another scheme. +</p> +<p> + To confess the truth, I should feel very little pain from an account + that the nation was for some time determined to be less liberal of + their contribution, and that money was withheld till it was known in + what expeditions it was to be employed, to what princes subsidies were + to be paid, and what advantages were to be purchased by it for our + country. I should rejoice my lords, to hear that the lottery by which + the deficiencies of this duty are to be supplied, was not filled; and + that the people were grown at last wise enough to discern the fraud, + and to prefer honest commerce, by which all may be gainers, to a game + by which the greatest number must certainly lose, and in which no man + can reasonably expect that he shall be the happy favourite of fortune, + on whom a prize shall be conferred. +</p> +<p> + The lotteries, my lords, which former ministers have proposed, have + always been censured by those that saw their nature and their + tendency; they have been considered as legal cheats, by which the + ignorant and the rash are defrauded, and the subtle and avaricious + often enriched; they have been allowed to divert the people from + trade, and to alienate them from useful industry. A man who is uneasy + in his circumstances, and idle in his disposition, collects the + remains of his fortune, and buys tickets in a lottery, retires from + business, indulges himself in laziness, and waits, in some obscure + place, the event of his adventure. Another, instead of employing his + stock in a shop or warehouse, rents a garret in a private street, and + makes it his business, by false intelligence, and chimerical alarms, + to raise and sink the price of tickets alternately, and takes + advantage of the lies which he has himself invented. +</p> +<p> + Such, my lords, is the traffick that is produced by this scheme of + raising money; nor were these inconveniencies unknown to the present + ministers in the time of their predecessors, whom they never failed to + pursue with the loudest clamours, whenever the exigencies of the + government reduced them to a lottery. +</p> +<p> + If I, my lords, might presume to recommend to our ministers the most + probable method of raising a large sum for the payment of the troops + of the electorate, I should, instead of the tax and lottery now + proposed, advise them to establish a certain number of licensed + wheelbarrows, on which the laudable trade of thimble and button might + be carried on for the support of the war, and shoeboys might + contribute to the defence of the house of Austria, by raffling for + apples. +</p> +<p> + Having now, my lords, examined with the utmost candour, all the + reasons which have been offered in defence of the bill, I cannot + conceal the result of my inquiry. The arguments have had so little + effect upon my understanding, that as every man judges of others by + himself, I cannot believe that they have any influence, even upon + those that offer them; and, therefore, I am convinced, that this bill + must be the result of considerations which have been hitherto + concealed, and is intended to promote designs which are never to be + discovered by the authors before their execution. +</p> +<p> + With regard to these motives and designs, however artfully concealed, + every lord in this assembly is yet at liberty to offer his + conjectures; and therefore I shall venture to lay before you what has + arisen in my mind, without pretending to have discovered absolute + certainty, what such accomplished politicians have endeavoured to + conceal. +</p> +<p> + When I consider, my lords, the tendency of this bill, I find it + calculated only for the propagation of diseases, the suppression of + industry, and the destruction of mankind; I find it the most fatal + engine that ever was pointed at a people, an engine by which those who + are not killed will be disabled, and those who preserve their limbs, + will be deprived of their senses. +</p> +<p> + This bill, therefore, appears to be designed only to thin the ranks of + mankind, and to disburden the world of the multitudes that inhabit it; + and is, perhaps, the strongest proof of political sagacity that our + new ministers have yet exhibited. They well know, my lords, that they + are universally detested, and that wherever a Briton is destroyed, + they are freed from an enemy; they have, therefore, opened the + floodgates of gin upon the nation, that when it is less numerous, it + may be more easily governed. +</p> +<p> + Other ministers, my lords, who had not attained to so great a + knowledge in the art of making war upon their country, when they found + their enemies clamorous and bold, used to awe them with prosecutions + and penalties, or destroy them like burglars, with prisons and + gibbets. But every age, my lords, produces some improvement, and every + nation, however degenerate, gives birth at some happy period of time + to men of great and enterprising genius. It is our fortune to be + witnesses of a new discovery in politicks; we may congratulate + ourselves upon being contemporaries with those men who have shown that + hangmen and halters are unnecessary in a state, and that ministers may + escape the reproach of destroying their enemies, by inciting them to + destroy themselves. +</p> +<p> + This new method may, indeed, have upon different constitutions a + different operation; it may destroy the lives of some, and the senses + of others; but either of these effects will answer the purposes of the + ministry, to whom it is indifferent, provided the nation becomes + insensible, whether pestilence or lunacy prevails among them. Either + mad or dead, the greatest part of the people must quickly be, or there + is no hope of the continuance of the present ministry. +</p> +<p> + For this purpose, my lords, what could have been invented more + efficacious than an establishment of a certain number of shops at + which poison may be vended; poison so prepared, as to please the + palate while it wastes the strength, and to kill only by intoxication. + From the first instant that any of the enemies of the ministry shall + grow clamorous and turbulent, a crafty hireling may lead him to the + ministerial slaughterhouse, and ply him with their wonder-working + liquor, till he is no longer able to speak or think; and, my lords, no + man can be more agreeable to our ministers than he that can neither + speak nor think, except those who speak without thinking. +</p> +<p> + But, my lords, the ministers ought to reflect, that though all the + people of the present age are their enemies, yet they have made no + trial of the temper and inclinations of posterity; our successours may + be of opinions very different from ours; they may, perhaps, approve of + wars on the continent, while our plantations are insulted, and our + trade obstructed; they may think the support of the house of Austria + of more importance to us than our own defence, and may, perhaps, so + far differ from their fathers, as to imagine the treasures of Britain + very properly employed in supporting the troops, and increasing the + splendour of a foreign electorate. +</p> +<p> + Since, therefore, it will not be denied by our ministers, that the + affection and gratitude of posterity may atone for the obstinacy, + blindness, and malice of the present age; since those measures which + are now universally censured, may at some distant time be praised with + equal unanimity; why, my lords, should they extend their vengeance to + the succeeding generation? why should they endeavour to torture their + limbs with pains, and load their lives with the guilt of their + parents? why should they hinder that trade to which they must owe all + the comforts which plenty affords? why should they endeavour to + intercept their existence, or suffer them to exist only to be + wretched? +</p> +<p> + If I may once more declare my sentiments, my lords, I believe the + ministers do not so much wish to debilitate the bodies as the + understandings of posterity, nor so ardently desire a race of cripples + as of fools. For cripples, my lords, can make no figure at a review, + nor strut in a red coat with a tolerable grace; but fools are known by + long experience to be the principal support of an army, since they are + the only persons who are willing to pay it! +</p> +<p> + Whatever, my lords, be the true reasons for which this bill is so + warmly promoted, I think they ought, at least, to be deliberately + examined; and, therefore, cannot think it consistent with our regard + for the nation to suffer it to be precipitated into a law. The year, + my lords, is not so far advanced, as that supplies may not be raised + by some other method, if this should be rejected; nor do I think that + we ought to consent to this, even though our refusal should hinder the + supplies, since we have no right, for the sake of any advantage, + however certain or great, to violate all the laws of heaven and earth, + to doom thousands to destruction, and to fill the exchequer with the + price of the lives of our fellow-subjects. +</p> +<p> + Let us, therefore, my lords, not suffer ourselves to be driven forward + with such haste as may hinder us from observing whither we are going; + let us not be persuaded to precipitate our counsels by those who know + that all delays will be detrimental to their designs, because delays + may produce new information, and they are conscious that the bill will + be less approved the more it is understood. +</p> +<p> + But every reason which they can offer against the motion, is, in my + opinion, a reason for it; and, therefore, I shall readily agree to + postpone the clause, and no less readily to reject the bill. +</p> +<p> + If, at last, reason and evidence are vain, if neither justice nor + compassion can prevail, but the nation must be destroyed for the + support of the government, let us at least, my lords, confine our + assertions, in the preamble, to truth; let us not affirm that + drunkenness is established by the advice or consent of the lords + spiritual, since I am confident not one of them will so far contradict + his own doctrine, as to vote for a bill which gives a sanction to one + vice, and ministers opportunities and temptations to all others; and + which, if it be not speedily repealed, will overflow the whole nation + with a deluge of wickedness. +</p> +<p> + Lord ISLAY next spoke to the effect following:—My lords, I have + attended for a long time to the noble lord, not without some degree of + uneasiness, as I think the manner in which he has treated the question + neither consistent with the dignity of this assembly, nor with those + rules which ought to be ever venerable, the great rules of reason and + humanity. Yet being now arrived at a time of life in which the + passions grow calm, and patience easily prevails over any sudden + disgust or perturbation, I forbore to disconcert him, though I have + known interruption produced by much slighter provocations. +</p> +<p> + It is, my lords, in my opinion, a just maxim, that our deliberations + can receive very little assistance from merriment and ridicule, and + that truth is seldom discovered by those who are chiefly solicitous to + start a jest. To convince the understanding, and to tickle the fancy, + are purposes very different, and must be promoted by different means; + nor is he always to imagine himself superiour in the dispute, who is + applauded with the loudest laugh. +</p> +<p> + To laugh, my lords, and to endeavour to communicate the same mirth to + others, when great affairs are to be considered, is certainly to + neglect the end for which we are assembled, and the reasons for which + the privilege of debating was originally granted us. For doubtless, my + lords, our honours and our power were not conferred upon us that we + might be merry with the better grace, or that we might meet at certain + times to divert ourselves with turning the great affairs of the nation + to ridicule. +</p> +<p> + But, my lords, still less defensible is this practice, when we are + contriving the relief of misery, or the reformation of vice; when + calamities are preying upon thousands, and the happiness not only of + the present age, but of posterity, must depend upon our resolutions. + He that can divert himself with the sight of misery, has surely very + little claim to the great praise of humanity and tenderness; nor can + he be justly exempted from the censure of increasing evils, who wastes + in laughter and jocularity that time in which he might relieve them. +</p> +<p> + The bill now before us has been represented by those that oppose it, + as big with destruction, and dangerous both to the lives and to the + virtue of the people. We have been told, that it will at once fill the + land with sickness and with villany, and that it will be at the same + time fatal to our trade, and to our power; yet those who are willing + to be thought fearful of all these evils, and ardently desirous of + averting them from their country, cannot without laughter mention the + bill which they oppose, or enumerate the consequences which they dread + from it, in any other language than that of irony and burlesque. +</p> +<p> + Surely, my lords, such conduct gives reason for questioning either + their humanity, or their sincerity; for if they really fear such + dreadful calamities, how can they be at leisure for mirth and gaiety I + How can they sport over the grave of millions, and indulge their vain + ridicule, when the ruin of their country is approaching? +</p> +<p> + But without inquiry, whether they who oppose the bill will grant their + opposition hypocritical, or their patriotism languid, I shall lay my + opinion of this new regulation before your lordships with equal + freedom, though with less luxuriance of imagination, and less gaiety + of language. +</p> +<p> + Of this bill, notwithstanding the acuteness with which it has been + examined, and the acrimony with which it has been censured, I am not + afraid to affirm, that it is neither wicked nor absurd, that all its + parts are consistent, and that the effects to be expected from it are + sobriety and health. I cannot find, upon the closest examination, + either that it will defeat its own end, or that the end proposed by it + is different from that which is professed. +</p> +<p> + The charge of encouraging vice and tolerating drunkenness, with which + the defenders of this bill have been so liberally aspersed, may be, in + my opinion, more justly retorted upon those that oppose it; who, + though they plead for the continuance of a law, rigorous, indeed, and + well intended, own that it has, by the experience of several years, + been found ineffectual. +</p> +<p> + What, my lords, can a drunkard or a profligate be supposed to wish, + but that the law may still remain in its present state, that he may + still be pursued in a track by which he knows how to escape, and + opposed by restraints which he is able to break? What can he desire, + but that the book of statutes should lie useless, and that no laws + should be made against him, but such as cannot be put in execution? +</p> +<p> + The defects of the present law, are, indeed, very numerous; nor ought + it to be continued, even though no other were to be substituted. It + seems to suppose the use of distilled liquors absolutely unlawful, + and, therefore, imposed upon licenses a duty so enormous, that only + three were taken in the whole kingdom, and the people were therefore + obliged to obtain by illegal methods, what they could not persuade + themselves wholly to forbear. +</p> +<p> + The method of detecting offenders was likewise such as gave + opportunity for villany to triumph over innocence, and for perjury to + grow rich with the plunder of the poor. Even charity itself might be + punished by it; and he that gave a glass of spirits to a man fainting + under poverty, or sickness, or fatigue, might be punished as a + retailer of spirits without a license. +</p> +<p> + These defects, which were not seen when the law was made, soon excited + a dislike. No man enforced the execution of it, because every man knew + that on some occasions he might himself break it; and they who + suffered for the violation of it, were often pitied by those whose + office obliged them to punish them. Thus the law, after having been + executed a few months with rigour, was laid aside as impracticable, + and appears now to be tacitly repealed; for it is apparently an empty + form without effect. +</p> +<p> + If, therefore, the use of spirits be so destructive as is generally + allowed, it is surely necessary, that the legislature should at last + repair the defects of the former law, and the nation should not be + vitiated and ruined, without some endeavours for its preservation; + and, in my opinion, to lay a double duty upon these liquors, is very + rational and prudent. An increase of the price must lessen the + consumption. +</p> +<p> + To what degree the consumption will be diminished by this new duty, I + am not able to foretel; but, undoubtedly, some diminution will be + produced, and the least diminution will afford us this comfort, that + the evil does not increase upon us, and that this law is, therefore, + better than that which we have repealed. +</p> +<p> + For this reason, my lords, I approve the present bill, without + inquiring whether it is perfect; it is sufficient for me, in the + present exigence, that the nation will gain something by the change, + and the people will be drawn nearer to sobriety, temperance, and + industry. +</p> +<p> + Thus, my lords, without paying any regard to the determination of the + other house, I think the bill sufficiently defensible by reason and + policy; nor can I conceal my opinion, that those who oppose it are the + real enemies of their country. +</p> +<p> + [The question, whether the house should be now resumed, was then put + and determined in the negative by 56 against 85. +</p> +<p> + The other clauses were then read, and agreed to. +</p> +<p> + The course of their proceedings then required, that a day should be + appointed for the third reading, and lord SANDWICH therefore rose, and + spoke to the following effect:] +</p> +<p> + My lords, as the importance of the bill now before us justly demands + the maturest consideration, it is not without unusual concern, that I + observe the absence of many lords, for whose wisdom and experience I + have the highest veneration, and whom I esteem equally for their + penetration and their integrity. I should hope, that all those who + feel in their hearts the love of their country, and are conscious of + abilities to promote its happiness, would assemble on this great + occasion, and that the collective wisdom of this house would be + exerted, when the lives and fortunes, and, what is yet more worthy of + regard, the virtue of the people is involved in the question. +</p> +<p> + As there can be no avocations which can possibly withhold a wise man + from counsels of such moment to his country, to himself, and to his + posterity; as there is no interest equivalent to the general + happiness; I cannot suppose that either business or pleasure detain + those who have not attended at the examination of this bill; and + therefore imagine, that they are absent only because they have not + been sufficiently informed of the importance of the question that was + this day to be discussed. +</p> +<p> + It is therefore, my lords, necessary, in my opinion, that on the day + of the third reading they be again summoned to attend, that the law + which is allowed to be only an experiment, of which the event is + absolutely uncertain, may be examined with the utmost care; that all + its consequences may be known, so far as human wisdom is able to + discover, and that we may at least be exempt from the imputation of + being negligent of the welfare of our country, and of being desirous + of avoiding information or inquiry, lest they should retard our + measures or contradict our assertions. +</p> +<p> + But since it is reasonable to believe, my lords, that many of those, + who might assist us in this difficult inquiry, are now in the country, + it is necessary, that our summons may have the effect which is + desired, to defer the reading for some time. For to what purpose will + it be to require their presence at a time at which we know it is + impossible for them to comply with our orders? To direct what cannot + be done is surely in its own nature absurd and contemptible, and on + this occasion will expose not only our understanding but our honesty + to doubts; for it will be imagined, that we are only endeavouring to + make false shows of caution and accuracy, and that we in reality + desire to determine without the concurrence of those whose presence we + publickly require. +</p> +<p> + I therefore move, that the third reading of this bill may be delayed + five days, and that immediate summons be issued for all lords to + attend. +</p> +<p> + Lord CARTERET spoke next in substance as follows:—My lords, if it is + the intention of the noble lords to debate once more the usefulness or + expedience of this bill, if they have any new argument to produce, or + are desirous of another opportunity to repeat those which have been + already heard, I hope they will not long withhold, either from + themselves or their opponents, that satisfaction. +</p> +<p> + Your lordships are so well acquainted with the state of the publick, + and know so well the danger of the liberties of the continent, the + power of the enemies whom we are to oppose, the dreadful consequences + of an unsuccessful opposition, and the necessity of vigour and + expedition to procure success, that it cannot be necessary to urge the + impropriety of delaying the bill from which the supplies are to be + expected. +</p> +<p> + The convenience of deferring this bill, however plausibly represented + by the noble lord who made the motion, is overbalanced by the + necessity of considering it to-morrow. Necessity is an argument which + 110 acuteness can overthrow, and against which eloquence will be + employed to little purpose. I therefore, my lords, oppose the motion, + not that it is unreasonable in itself, but because it cannot be + admitted; I recommend despatch on this occasion, not because it is + barely right, but because it is absolutely necessary. +</p> +<p> + Lord HERVEY then rose up and spoke to the following effect:—My lords, + it is always the last resource of ministers to call those measures + necessary which they cannot show to be just; and when they have tried + all the arts of fallacy and illusion, and found them all baffled, to + stand at bay, because they can fly no longer, look their opponents + boldly in the face, and stun them with the formidable sound of + necessity. +</p> +<p> + But it is generally the fortune of ministers to discover necessity + much sooner than they whose eyes are not sharpened by employments; + they frequently call that necessity, on which no other man would + bestow the title of expediency; and that is seldom necessary to be + done, which others do not think necessary to be avoided. +</p> +<p> + At present, my lords, I see nothing necessary but what is equally + necessary at all times, that we do our duty to our country, and + discharge our trust, without suffering ourselves to be terrified with + imaginary dangers or allured by imaginary benefits. The war which is + said to produce the necessity of this bill, is, in my opinion, not + necessary in itself: and, if your lordships differ from me in that + sentiment, it must yet be allowed, that there is time sufficient to + provide supplies by new methods. +</p> +<p> + But, my lords, if the motion, in which I concur, be overruled on a + pretence of necessity, it will show an eager desire to hasten a bill, + which, if referred to any twelve men, not of either house of the + senate, their examination would terminate in this, that they bring it + in guilty of <i>wilful murder</i>. +</p> +<p> + Lord CHOLMONDELEY spoke next, in substance as follows:—My lords, as + there is no doubt but particular measures may be sometimes necessary, + I discover no reason that ought to hinder the mention of that + necessity; for surely where it can be asserted with truth, it is the + most powerful of all arguments, and cannot be wisely or honestly + neglected. +</p> +<p> + In the present case, my lords, I can discover no impropriety in + mentioning it; for I suppose that noble lord did not intend to + restrain it to the most rigorous sense; he did not mean, that there is + the same necessity of reading this bill to-morrow for the success of + the war, as of extinguishing a fire for the preservation of a town; + but that the reasons for despatch absolutely overbalanced all the + pleas that could be offered for delays. +</p> +<p> + This necessity, my lords, I am not ashamed to assert after him; nor + can I think it consistent with common prudence, in the present + situation of our affairs, to defer the third reading beyond to-morrow; + for the supplies which this bill must produce, are to be employed in + attempts of the utmost importance, and which cannot fail without the + ruin of a great part of mankind, and an irreparable injury to this + nation. +</p> +<p> + I cannot, therefore, but confess my surprise at the vehemence with + which this bill is opposed; vehemence so turbulent and fierce, that + some lords have been transported beyond that decency which it is our + duty and our interest to preserve in our deliberations; nor have + restrained themselves from expressions, which, upon reflection, I + believe they will not think defensible; from among which I cannot but + particularize the horrid and opprobrious term of murder. +</p> +<p> + The reverend prelates, who have spoken against the bill, may be easily + believed to be as zealous for virtue as those who have indulged + themselves in this violence of language; yet they have never charged + those who defend the measures now proposed with the guilt of murder, + but have decently delivered their own opinions, without, reproaching + those who differ from them. +</p> +<p> + For my part, my lords, as I cannot think the motion for farther delay, + seasonable or proper, or necessary to the discovery of truth, or + consistent with the welfare of the nation, it is my resolution to vote + against it. +</p> +<p> + The duke of BEDFORD spoke next, in substance as follows:—My lords, + the ardour with which the noble lord appears to resent the indignity + offered to the bill, shows only that he himself approves it, but not + that it deserves the approbation of the house. +</p> +<p> + I think it of use, notwithstanding the plausible pleas of decency or + politeness, that every thing should in this house be called by its + right name, that we may not dispute for one thing, and vote for + another; and since the bill will certainly destroy multitudes, if it + promotes the sale of distilled spirits, and it has been proved that it + will promote it, I know not by what appellation to denominate its + effects, if that be denied me, which has been already used. +</p> +<p> + [The speaker then put the question in form, "Is it your lordships' + pleasure, that the third reading of the bill be put off for five + days?" It was resolved in the negative by 52 to 29. +</p> +<p> + It was then ordered, that the bill should be read the third time on + the day following, and that the lords should be summoned to attend. +</p> +<p> + On the next day, the house, according to the order, met, and another + debate ensued, which was begun by lord HERVEY, who spoke in substance + as follows:] +</p> +<p> + My lords, the tendency of the bill, which we are now to approve or + reject, is so apparently destructive to the ends of government, so + apparently dangerous to publick happiness, and so contrary to the + institutions of the most celebrated lawgivers, and the policy of the + most flourishing nations, that I still continue to think it my duty to + struggle against it. +</p> +<p> + Almost every legislator of the world, my lords, from whatever original + he derived his authority, has exerted it in the prohibition of such + foods as tended to injure the health, and destroy the vigour of the + people for whom he designed his institutions. +</p> +<p> + The great instructor of the jews, who delivered his laws by divine + authority, prohibited the use of swine's flesh, for no other cause, so + far as human reason is able to discover, than that it corrupted the + blood, and produced loathsome diseases and maladies which descended to + posterity; and, therefore, in prohibiting, after this example, the use + of liquors which produce the same effects, we shall follow the + authority of the great governour of the universe. +</p> +<p> + The author of another religion, a religion founded, indeed, on + superstition and credulity, but which prevails over a very great part + of the earth, has laid his followers under restraints still more + severe; he has forbidden them to dispel their cares, or exalt their + pleasures, with wine, has banished from their banquets that useful + opponent of troublesome reflection, and doomed all those who receive + his law, not to sobriety only, but to abstinence. +</p> +<p> + The authority of this man, my lords, cannot indeed be urged as + unexceptionable and decisive; but the reception of his imposture shows + at least, that he was not unacquainted with human nature, and that he + knew how to adapt his forgeries to the nations among which he vented + them; nor can it be denied, but the prohibition of wine was found + generally useful, since it obtained so ready a compliance. +</p> +<p> + All nations in the world, my lords, in every age of which there remain + any historical accounts, have agreed in the necessity of laying + restraint upon appetite, and setting bounds to the wantonness of + luxury; every legislature has claimed and practised the right of + withholding those pleasures which the people have appeared inclined to + use to excess, and preferring the safety of multitudes whom liberty + would destroy, to the convenience of those who would have enjoyed it + within the limits of reason and of virtue. +</p> +<p> + The welfare of the publick, my lords, has always been allowed the + supreme law; and when any governours sacrifice the general good either + to private views, or temporary convenience, they deviate at once from + integrity and policy, they betray their trust, and neglect their + interest. +</p> +<p> + The prohibition of those commodities which are instrumental to vice, + is not only dictated by policy but nature; nor does it, indeed, + require much sagacity, when the evil is known, to find the proper + remedy; for even the Indians, who have not yet reduced the art of + government to a science, nor learned to make long harangues upon the + different interests of foreign powers, the necessity of raising + supplies or the importance and extent of manufactures, have yet been + able to discover, that distilled spirits are pernicious to society, + and that the use of them can only be hindered by prohibiting the sale. +</p> +<p> + For this reason, my lords, they have petitioned, that none of this + delicious poison should be imported from. Britain; they have desired + us to confine this fountain of wickedness and misery to stream in our + own country, without pouring upon them those inundations of + debauchery, by which we are ourselves overflowed. +</p> +<p> + When we may be sent with justice to learn from the rude and ignorant + Indians the first elements of civil wisdom, we have surely not much + right to boast of our foresight and knowledge; we must surely confess, + that we have hitherto valued ourselves upon our arts with very little + reason, since we have not learned how to preserve either wealth or + virtue, either peace or commerce. +</p> +<p> + The maxims of our politicians, my lords, differ widely from those of + the Indian savages, as they are the effects of longer consideration, + and reasonings formed upon more extensive views. What Indian, my + lords, would have contrived to hinder his countrymen from drunkenness, + by placing that liquor in their houses which tempted them to excess; + or would have discovered, that prohibition only were the cause of + boundless excesses; that to subdue the appetite nothing was necessary + but to solicit it; and that what was always offered would never be + received? The Indians, in the simplicity of men unacquainted with + European and British refinements, imagined, that to put an end to the + use of any thing, it was only necessary to take it away; and + conceived, that they could not promote sobriety more effectually, than + by allowing the people nothing with which they could be drunk. +</p> +<p> + But if our politicians should send missionaries to teach them the art + of government, they would quickly be shown, that if they would + accomplish their design, they must appoint every tenth man among them + to distribute spirits to the nine, and to drink them himself in what + quantity they shall desire, and that then the peace of their country + will be no longer disturbed by the quarrels of debauchery. +</p> +<p> + It is, indeed, not without amazement, that I hear this bill seriously + defended as a scheme for suppressing drunkenness, and find some lords, + who admit that fifty thousand houses will be opened for the publick + sale of spirits, assert that a less quantity of spirits will be sold. +</p> +<p> + The foundation of this opinion is in itself very uncertain; for + nothing more is urged, but that all who sell under the sanction of a + license, will be ready to inform against those by whom no license has + been purchased; and that, therefore, fifty thousand licensed retailers + may hurt a greater number who now sell spirits in opposition to the + law. +</p> +<p> + All this, my lords, is very far from certainty; for it cannot be + proved, that there are now so great a number of retailers as this act + may produce: it is likely that security will encourage many to engage + in this trade, who are at present deterred from it by danger. It is + possible, that those who purchase licenses may nevertheless forbear to + prosecute those that sell spirits without the protection of the law. + They may forbear, my lords, from the common principles of humanity, + because they think those poor traders deserve rather pity than + punishment; they may forbear from a principle that operates more + frequently, and too often more strongly; a regard to their own + interest. They may themselves offend the law by some other parts of + their conduct, and may be unwilling to provoke an inspection into + their own actions, by betraying officiously the faults of their + neighbours; or they may be influenced by immediate terrours, and + expect to be hunted to death by the rage of the populace. +</p> +<p> + All these considerations may be urged against the only supposition + that has been made, with any show of reason, in favour of the bill; + and of these various circumstances, some one or other will almost + always be found. Every man will have either fear or pity, because + almost every good man is inclined to compassion, and every wicked man + is in danger from the law; and I do not see any reason for imagining + that the people will tolerate informers more willingly now than in the + late years. +</p> +<p> + But suppose it should be granted, though it cannot be certain, and has + not yet been shown to be probable, that the clandestine trade will be + interrupted; I am not able to follow these ministerial reasoners + immediately to the consequence which they draw from this concession, + and which must be drawn from it, if it be of any use in the decision + of the question, nor can see that the consumption of spirituous + liquors will be made less. +</p> +<p> + Let us examine, my lords, the premises and the consequences together, + without suffering our attention to be led astray by useless + digressions. Spirits will be now sold only with license! therefore + less will be sold than when it was sold only by stealth! +</p> +<p> + Surely, my lords, such arguments will not much influence this + assembly. Why, my lords, should less be bought now than formerly? It + is not denied, that there will be in every place a licensed shop, + where drunkards may riot in security; and what can be more inviting to + wretches who place in drunkenness their utmost felicity I If you + should favourably suppose no more to be sold, yet why should those who + now buy any supposed quantity, buy less when the restraint is taken + away? +</p> +<p> + If it be urged, that the present law does in reality impose no + restraint, the intended act will make no alteration. There is no real + prohibition now, there will be no nominal prohibition hereafter; and, + therefore, the law will only produce what its advocates expect from + it, a yearly addition to the revenue of the government. But, my lords, + let us at last inquire to what it is to be imputed, that the present + law swells the statute book to no purpose? and why this pernicious + trade is carried on with confidence and security, in opposition to the + law? It will not surely be confessed, that the government has wanted + authority to execute its own laws; that the legislature has been awed + by the populace, by the dregs of the populace, the drunkards and the + beggars! Yet when the provisions made for the execution of a law so + salutary, so just, and so necessary, were found defective, why were + not others substituted of greater efficacy? Why, when one informer was + torn in pieces, were there not new securities proposed to protect + those who should by the same offence displease the people afterwards? +</p> +<p> + The law, my lords, has failed of a great part of its effect; but it + has failed by cowardice on one part, and negligence on another; and + though the duty, as it was laid, was in itself somewhat invidious, it + would, however, have been enforced, could the revenue have gained as + much by the punishment as was gained by the toleration of debauchery. + It has, however, some effect; it may be imagined, that no man can be + trusted where he is not known, and that some men are known too well to + be trusted; and, therefore, many must be occasionally hindered from + drinking spirits, while the law remains in its present state; who, + when houses are set open by license, will never want an opportunity of + complying with their appetites, but may at any time enter confidently, + and call for poison, and mingle with numerous assemblies met only to + provoke each other to intemperance by a kind of brutal emulation and + obstreperous merriment. +</p> +<p> + This bill, therefore, my lords, is, as it has been termed, only an + experiment; an experiment, my lords, of a very daring kind, which none + would hazard but empirical politicians. It is an experiment to + discover how far the vices of the populace may be made useful to the + government, what taxes may be raised upon poison, and how much the + court may be enriched by the destruction of the subjects. +</p> +<p> + The tendency of this bill is so evident, that those who appeared as + its advocates have rather endeavoured to defeat their opponents by + charging their proposals with absurdity, than by extenuating the ill + consequence of their own scheme. +</p> +<p> + Their principal charge is, that those who oppose the bill recommend a + total prohibition of all spirits. This assertion gives them an + opportunity of abandoning their own cause, to expatiate upon the + innocent uses of spirits, of their efficacy in medicine, and their + convenience in domestick business, and to advance a multitude of + positions which they know will not be denied, but which may be at once + made useless to them, by assuring them, that no man desires to destroy + the distillery for the pleasure of destroying it, or intends any thing + more than some provisions which may hinder distilled spirits from + being drunk by common people upon common occasions. +</p> +<p> + Having thus obviated the only answer that has hitherto been made to + the strong arguments which have been offered against the bill, I must + declare, that I have heard nothing else that deserves an answer, or + that can possibly make any impression in favour of the bill; a bill, + my lords, teeming with sedition and idleness, diseases and robberies; + a bill that will enfeeble the body, corrupt the mind, and turn the + cities of this populous kingdom into prisons for villains, or + hospitals for cripples; and which I think it, therefore, our duty to + reject. +</p> +<p> + Lord LONSDALE next spoke to the effect following:—My lords, the + bill, on which we are now finally to determine, is of such a tendency, + that it cannot be made a law, without an open and avowed disregard of + all the rules which it has been hitherto thought the general interest + of human nature to preserve inviolable. It is opposite at once to the + precepts of the wise, and the practice of the good, to the original + principles of virtue and the established maxims of policy. +</p> +<p> + I shall, however, only consider it with relation to policy, because + the other considerations will naturally coincide; for policy is only + the connexion of prudence with goodness, and directs only what virtue + each particular occurrence requires to be immediately practised. +</p> +<p> + The first principle of policy, my lords, teaches us, that the power + and greatness of a state arises from the number of its people; + uninhabited dominions are an empty show, and serve only to encumber + the nation to which they belong; they are a kind of pompous ornaments, + which must be thrown away in time of danger, and equally unfit for + resistance and retreat. +</p> +<p> + In the present war, my lords, if the number of our people were equal + to that of the two nations against which we are engaged, the + narrowness of our dominions would give us a resistless superiority; as + we have fewer posts to defend, we might send more forces to attack our + enemies, who must be weak in every part, because they must be + dispersed to a very great extent. The torrent of war, as a flood of + water, is only violent while it is confined, but loses its force as it + is more diffused. +</p> +<p> + In consequence of this maxim, my lords, it is proposed, that because + we are at war against two mighty powers, we shall endeavour to destroy + by spirits at home, those who cannot fall by the sword of the enemy, + and that we endeavour to hinder the production of another generation; + for it is well known, my lords, and has in this debate been + universally allowed, that the present practice of drinking spirits + will not only destroy the present race, but debilitate the next. +</p> +<p> + This surely, my lords, is a time at which we ought very studiously to + watch over the preservation of those lives which we are not compelled + to expose, and endeavour to retrieve the losses of war by encouraging + industry, temperance, and sobriety. +</p> +<p> + Another principle of government which the wisdom of our progenitors + established, was to suppress vice with the utmost diligence; for as + vice must always produce misery to those whom it infects, and danger + to those who are considered as its enemies, it is contrary to the end + of government; and the government which encourages vice is necessarily + labouring for its own destruction; for the good will not support it, + because they are not benefited by it, and the wicked will betray it, + because they are wicked. +</p> +<p> + How little then, my lords, do our sagacious politicians understand + their own interest by promoting drunkenness and luxury, of which the + natural train of consequences are idleness, necessity, wickedness, + desperation, sedition, and anarchy! How little do they understand what + it is that gives stability to the fabrick of our constitution, if they + imagine it can long stand, when it is not supported by virtue. +</p> +<p> + In consequence of these maxims, another may be advanced, that all + trades which tend to impair either the health or virtue of the people, + should be interdicted; for since the strength of the community + consists in the number and happiness of the people, no trade deserves + to be cultivated which does not contribute to the one or the other; + for the end of trade, as of all other human attempts, is the + attainment of happiness. +</p> +<p> + If any trade that conduces not to the happiness of the community by + increasing either the number or the virtue of the people, be + industriously cultivated, the legislature ought to suppress it; if any + manufacture that administers temptations to wickedness be flourishing + and extensive, it has already been too long indulged; and the + government can atone for its remissness only by rigorous inhibition, + severe prosecutions, and vigilant inquiries. +</p> +<p> + That the trade of distilling, my lords, had advanced so fast among us, + that our manufacturers of poison are arrived at the utmost degree of + skill in their profession, and that the draughts which they prepare + are greedily swallowed by those who rarely look beyond the present + moment, or inquire what price must be paid for the present + gratification; that the people have been so long accustomed to daily + stupefaction, that they are become mutinous, if they are restrained + from it; and that the law which was intended to suppress their luxury + cannot, without tumults and bloodshed, be put in execution, are, in my + opinion, very affecting considerations, but they can surely be of no + use for the defence of this bill. +</p> +<p> + The more extensive the trade of distilling, the more must swallow the + poison which it affords; the more palatable the liquor is made, the + more dangerous is the temptation; and the more corrupt the people are + become, the more urgent is the necessity of extirpating those that + have corrupted them. +</p> +<p> + I am not, my lords, less convinced of the importance of trade, than + those lords who have spoken in the most pathetick language for the + continuance of the manufacture; but my regard for trade naturally + determines me to vote against a bill by which idleness, the pest of + commerce, must be encouraged, and those hands, by which our trade is + to be carried on, must be first enfeebled, and soon afterwards + destroyed. +</p> +<p> + Nor is this kind of debauchery, my lords, less destructive to the + interest of those whose riches consist in lands, than of those who are + engaged in commerce; for it undoubtedly hinders the consumption of + almost every thing that land can produce; of that corn which should be + made into bread, and brewed into more wholesome drink; of that flesh + which is fed for the market, and even of that wool which should be + worked into cloth. It has been often mentioned ludicrously, but with + too much truth, that strong liquors are to the meaner people, meat, + drink, and clothes; that they depend upon them alone for sustenance + and warmth, and that they desire to forget their wants in drunkenness + rather than supply them. If we, therefore, examine this question with + regard to trade, we shall find, that the money which is spent in + drunkenness for the advantage only of one distiller, would support, if + otherwise expended, a great number of labourers, husbandmen, and + traders; since one man employed at the still may supply with the means + of debauchery such numbers as could not be furnished with innocent + victuals and warm clothes, but by the industry of many hands, and the + concurrence of many trades. +</p> +<p> + Numbers, my lords, are necessary to success in commerce as in war; if + the manufacturers be few, labour will be dear, and the value of the + commodity must always be proportioned to the price of labour. +</p> +<p> + These, my lords, are the arguments by which I have hitherto been + incited to oppose this bill, which I have not found that any of its + defenders can elude or repel; for they content themselves with a + cowardly concession to the multitude, allow them to proceed in + wickedness, confess they have found themselves unable to oppose their + sovereign pleasure, or to withhold them from pursuing their own + inclinations; and, therefore, have sagaciously contrived a scheme, by + which they hope to gain some advantage from the vices which they + cannot reform. +</p> +<p> + But who, my lords, can, without horrour and indignation, hear those + who are entrusted with the care of the publick, contriving to take + advantage of the ruin of their country? +</p> +<p> + Let others, my lords, vote as their consciences will direct them, I + shall likewise follow the dictates of my heart, and shall avoid any + concurrence with a scheme, which, though it may for a time benefit the + government, must destroy the strength and virtue of the people, and at + once impair our trade and depopulate our country. +</p> +<p> + Lord CARTERET then rose up, and spoke in substance as follows:—My + lords, the warmth with which this debate has been hitherto carried on, + and with which the progress of this bill has been opposed, is, in my + opinion, to be imputed to strong prejudices, formed when the question + was first proposed; by which the noble lords have been incited to warm + declamations and violent invectives; who, having once heated their + minds with suspicions, have not been able to consider the propositions + before them with calmness and impartiality; but have pursued their + first notions, and have employed their eloquence in displaying the + absurdity of positions never advanced, and the mischief of + consequences which will never be produced. +</p> +<p> + It is first to be considered, my lords, that this bill is intended, + not to promote, but to hinder, the consumption of spirituous liquors; + it is, therefore, by no means necessary to expatiate upon that which + is presupposed in the bill, the pernicious quality of spirits, the + detestable nature of drunkenness, the wickedness or miseries which are + produced by it. Almost all that has been urged by the noble lords who + have spoken with the greatest warmth against the bill, may reasonably + be conceived to have been advanced for it by those who projected it; + of whom it may be justly imagined, that they were fully convinced how + much spirits were abused by the common people, and how much that abuse + contributed to the wickedness which at present prevails amongst us, + since they thought it necessary to prevent them by a new law. +</p> +<p> + But, my lords, when they saw that the abuse of distilled liquors was + in a very high degree detrimental to the publick, they saw, likewise, + that the trade of distilling was of great use; that it employed great + numbers of our people, and consumed a great part of the produce of our + lands; and that, therefore, it could not be suppressed, without + injuring the publick, by reducing many families to sudden poverty, and + by depriving the farmers of a market for a great part of their corn. + In the plains of the western part of this island, the grain that is + chiefly cultivated is barley, and that barley is chiefly consumed by + the distillers; nor, if they should be at once suppressed, could the + husbandman readily sell the produce of his labour and his grounds, or + the landlord receive rent for his estate; since it would then produce + nothing, or what is in effect the same, nothing that could be sold. +</p> +<p> + It is, indeed, possible, my lords, that the Dutch might buy it; but + then it must be considered, that we must pay them money for the + favour, since we allow a premium upon exportation, and that we shall + buy it back again in spirits, and, consequently, pay them for + manufacturing our own product. For it is not to be imagined, that any + law will immediately reclaim the dispositions, or reform the appetites + of the people. They are well known to have drank spirits before they + were made in our country, and to indulge themselves at present in many + kinds of luxury which are yet loaded with a very high tax. It is not, + therefore, probable, that upon the imposition of a high duty they will + immediately desist from drinking spirits; they will, indeed, as now, + drink those which can be most easily procured; and if, by a high tax + suddenly imposed, foreign spirits be made cheaper than our own, + foreign spirits will only be used, our distillery will be destroyed, + and our people will yet not be reformed. +</p> +<p> + That heavy taxes will not deter the people from any favourite + enjoyment, has been already shown by the unsuccessfulness of the last + attempt to restrain them from the use of spirits, and may be every day + discovered from the use of tobacco, which is universally taken by the + common people, though a very high duty is laid upon it, and though a + king thought it so pernicious that he employed his pen against it. The + commons, therefore, prudently forbore to use violent measures, which + might disgust the people, but which they had no reason to believe + sufficient to reform them, and thought it more expedient to proceed by + more gentle methods, which might operate by imperceptible degrees, and + which might be made more forcible and compulsive, if they should be + found ineffectual. +</p> +<p> + Another evil will by this method, likewise, be avoided, which is the + certain consequence of high duties; this tax will produce no + clandestine frauds nor rebellious defiance of the legislature; the + distillers will not be tempted to evade this impost by perjuries, too + often practised where the profit of them is great, nor smugglers to + assemble in numerous troops with arms in their hands, and carry + imported liquors through the country by force, in opposition to the + officers of the customs, and the laws of the nation. That this, + likewise, is practised upon other occasions to escape heavy taxes, all + the weekly papers inform us; nor are there many months in which some + of the king's officers are not maimed or murdered doing of their duty. +</p> +<p> + All these evils, my lords, and a thousand others, will be avoided by + an easy tax; in favour of which I cannot but wonder, that it should be + necessary to plead so long, since every nation, which has any + pretension to civility or a regular government, will agree, that heavy + imposts are not to be wantonly inflicted, and that severity is never + to be practised till lenity has failed. +</p> +<p> + It, therefore, appears to me, my lords, that justice, reason, and + experience, unite in favour of this bill; and that nothing is to be + feared from it, but that it will not be sufficiently coercive, nor + restrain the abuse of spirits so much as is hoped by those that have + stood up in its vindication. That it can encourage drunkenness, or + increase the consumption of distilled liquors, is surely impossible; + for they are now drunk without restraint; and therefore no restraint + will be taken away: and since their price must be increased by a + double duty, it may reasonably be conceived, that those who now spend + all that they can gain by their labour in drunkenness, must be content + with less than before, because they will have no more to spend; and + what has hitherto enabled them to riot in debauchery will no longer be + sufficient for the same purposes; the same excess will require more + money, and more money cannot be had. +</p> +<p> + I do not affirm, my lords, that the success of this bill is + demonstrably certain; nor can I deny that many arguments have been + alleged against it which cannot easily be confuted; all that I can + venture to assert is, that in my opinion, the reasons <i>for</i> the bill + preponderate, not that those <i>against</i> it, are without weight. +</p> +<p> + Of this, at least, we are certain, that the bill can produce no ill + consequences; and that if the experience of the ensuing year shall + show it to be ineffectual, it may be amended in the next session by + new provisions, which we shall be then more able to adjust for the + benefit of the publick. +</p> +<p> + All laws, especially those which regard complicated and intricate + affairs, have been perfected by degrees; experience has discovered + those deficiencies which sagacity could not foresee, and the progress + of human wisdom has been always slow. To charge any scheme with + imperfection, is only to allege that it is the production of men, of + beings finite in their capacity, and liable to errour; nor do I see + what can be recommended to such beings, more than what the government + is now endeavouring to practise, that nothing should be done + precipitately, and that experience should always be trusted rather + than conjecture. +</p> +<p> + Lord LONSDALE next spoke to the effect following:—My lords, the + arguments of the noble lord have by no means influenced me to alter my + opinion; nor do I now rise up to pronounce a recantation of any of my + former assertions, but to explain one of them, which the noble lord + has been pleased to controvert. +</p> +<p> + He observes, in opposition to my argument, that the distillery + contributes to the consumption of the produce of our grounds, and, by + consequence, to the advantage of those who possess them; but I, my + lords, am inclined to believe that it produces a contrary effect, and + that it hinders the consumption, even of that grain which is employed + in it. +</p> +<p> + We may reasonably suppose, my lords, that they who now drink distilled + liquors, would, if they were debarred from them, endeavour to obtain + from ale and beer the same renovation of their vigour, and relaxation + of their cares; and that, therefore, more ale would be brewed, as + there would be more purchasers: if, therefore, the same quantity of + malt, which is sufficient, when distilled, to produce intoxication, + would, when brewed into ale, have the same effect, the consumption + would still be the same, whether ale or spirits were in use; but it is + certain, that the fourth part of the malt which is necessary to + furnish ale for a debauch, will, when exalted in the still, be + sufficient to satisfy the most greedy drunkard; and it is, therefore, + evident, that he who drinks ale, consumes more barley by three parts + in four than he who indulges, the use of spirits, supposing them both + equally criminal in the excess of their enjoyments. +</p> +<p> + The noble lord has taken occasion to mention tobacco as an instance of + the obstinacy with which the people persevere in a practice to which + they are addicted. Of the obstinacy of the people, my lords, I am + sufficiently convinced; but hope that it will never be able to + overpower the legislature, who ought to enforce their laws, and + invigorate their efforts in proportion to the atrociousness of the + corruption which they are endeavouring to extirpate: nor do I think so + meanly of government, as to believe it unable to repress drunkenness + or luxury, or in danger of being subverted in a contest about spirits + or tobacco. +</p> +<p> + Tobacco, indeed, has not properly been produced as an instance; for I + never heard, that however it may be disapproved by particular men, of + whatever rank or abilities, it was prohibited by law; nor should I + think any such prohibition necessary or reasonable; for tobacco, my + lords, is not poison, like distilled spirits, nor is the use of it so + much injurious to health, as offensive to delicacy. +</p> +<p> + The poisonous and destructive quality of these liquors is confessed by + the noble lord, a confession with which I find it very difficult to + reconcile his solicitude for the distillery; for when it is once + granted, that spirits corrupt the mind, weaken the limbs, impair + virtue, and shorten life, any arguments in favour of those who + manufacture them come too late, since no advantage can be equivalent + to the loss of honesty and life. When the noble lord has urged that + the distillery employs great numbers of hands, and, therefore, ought + to be encouraged, may it not, upon his own concession, be replied, + that those numbers are employed in murder, and that their trade ought, + like that of other murderers, to be stopped? When he urges that much + of our grain is consumed in the still, may we not answer, and answer + irresistibly, that it is consumed by being turned into poison, instead + of bread? And can a stronger argument be imagined for the suppression + of this detestable business, than that it employs multitudes, and that + it is gainful and extensive? +</p> +<p> + Nor can I discover, my lords, how the care of preserving the + distillery is consistent with the ends which the preamble in this bill + declares to be proposed, or which the advocates for it appear to + desire. If the consumption of distilled spirits is to be hindered, how + is the distillery to remain uninjured? If the trade of distilling is + not to be impaired, what shall hinder the consumption of spirits? So + far as this bill operates, the distillers must be impoverished by it; + and if they may properly and justly suffer a small diminution of their + profit for a small advantage to the publick, why will not a greater + benefit be equivalent to a greater diminution? +</p> +<p> + Nothing, my lords, is more apparent, than that the real design of this + bill, however its defenders may endeavour to conceal it in the mist of + sophistry, is to lay only such a tax as may increase the revenue; and + that they have no desire of suppressing that vice which may be made + useful to their private purpose, nor feel any regret to fill the + exchequer by the slaughter of the people. +</p> +<p> + Lord AYLESFORD then rose up, and spoke to the following purpose:—My + lords, the noble lord who spoke last in defence of this new scheme, + appears to have imbibed very strong prejudices in favour of the + distillery, from which he finds it practicable to draw large sums for + the support of the measures which have been already formed, and which + he, therefore, considers as the most important and beneficial trade of + the British nation. +</p> +<p> + It is not improbable, my lords, that in a short time all the + provisions which have been made by the wisdom of our ancestors for the + support of the woollen manufacture, will be transferred for the + encouragement of the distillery, which appears to be at present the + reigning favourite; for it is evident, that both manufactures cannot + subsist together, and that either must be continued by the ruin of the + other. +</p> +<p> + Of these rivals, which is doomed to fall we may conjecture from the + encomium just now bestowed upon the prudence of the commons, by whom + the darling distillery has been so tenderly treated; yet that the + trade, in which the bounty of nature has enabled us to excel all other + nations of the world, may not be suffered to perish in silence, I will + take this opportunity to declare, that this boasted prudence can, in + my opinion, produce no other effects than poverty and ruin, private + calamities, and general wickedness; that by encouraging drunkenness at + the expense of trade, it will stop all the currents by which the gold + of foreign nations has flowed upon us, and expose us to conquest and + to slavery. +</p> +<p> + [Thus ended this memorable debate. The question being put, was + determined in favour of the bill by 57 against 38.] +</p> +<center> + END +</center> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<p> </p> +<p> </p> + +<div>*** END OF THE PROJECT GUTENBERG EBOOK 10352 ***</div> +</body> +</html> |