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diff --git a/old/10352.txt b/old/10352.txt new file mode 100644 index 0000000..61fd5f6 --- /dev/null +++ b/old/10352.txt @@ -0,0 +1,19769 @@ +Project Gutenberg's The Works of Samuel Johnson, Vol. 11., by Samuel Johnson + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Works of Samuel Johnson, Vol. 11. + Parlimentary Debates II. + +Author: Samuel Johnson + +Release Date: December 1, 2003 [EBook #10352] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK S. JOHNSON, V11 *** + + + + +Produced by Jonathan Ingram, Tom Allen and the Online Distributed +Proofreading Team. + + + + + +THE WORKS OF SAMUEL JOHNSON, LL.D, + +VOLUME THE ELEVENTH. + +MDCCCXXV. + + + + +CONTENTS + + +Debate on an address to the king. + +Debate on a motion for inquiring into the conduct of publick affairs. + +Debate on a motion for indemnifying evidence relating to the conduct of +the earl of Orford. + +Debate on the security and protection of trade and navigation. + +Debate on an address to the king. + +Debate granting pay for sixteen thousand Hanoverian troops. + +Debate on the army. + +Debate on spirituous liquors. + + + + +REFERENCES TO THE SPEAKERS + + + 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. + + + + +IN PARLIAMENT. + +HOUSE OF COMMONS, DECEMBER 8, 1741. + +DEBATE ON THE ADDRESS. + + +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: + +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. + +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: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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.] + +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. + +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. + +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. + +It is, therefore, in my opinion, extremely unreasonable to propose, that +_thanks should be returned to his majesty for his royal care in +prosecuting the war against Spain_; 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? + +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? + +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. + +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. + +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. + +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. + +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? + +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. + +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? + +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?" + +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? + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _secret +expedition_. + +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. + +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. + +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. + +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 _secret expedition_. + +But, sir, this wonder-working term had now lost its efficacy, and it was +discovered, that _secret expeditions_, like all other _secret services_, +were only expedients to drain the money of the people, and to conceal +the ignorance or villany of the minister. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +[The address was at length agreed to, without a division.] + +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. + + + + +HOUSE OF COMMONS, MARCH 9, 1741-2. + +ON A MOTION FOR INQUIRING INTO THE CONDUCT OF AFFAIRS AT HOME AND +ABROAD, DURING THE LAST TWENTY YEARS. + + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +Against an inquiry into the conduct of all foreign and domestick affairs +for _twenty_ 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _impossible_. +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +[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.] + + + + +HOUSE OF LORDS, MAY 20, 1742. + +Debate On A Motion For Indemnifying Evidence Relating To The Conduct Of +The Earl Of ORFORD. + + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +The bill being read a second time, and a motion made for its being +referred to a committee. + +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. + +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. + +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. + +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. + +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. + +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. + +First, that there is a _corpus delicti_, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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? + +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. + +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. + +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, +_rectum recte, legitimum legitime faciendum_; 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. + +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. + +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, _coram non judice_, before a magistrate that has no power to +interrogate him, and is interrogated by those who have no right to +require his oath. + +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. + +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. + +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. + +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 _lord ORFORD, according to the best of their knowledge, +remembrance, or belief!_ 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. + +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 _belief_ 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. + +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. + +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 _all_ that they +_know, remember, or believe_. 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? + +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. + +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 _believes_, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +On the present occasion, my lords, I pronounce with the utmost +confidence, as a maxim of indubitable certainty, _that the publick has a +claim to every man's evidence_, 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 _no man is +obliged to accuse himself_, and that the constitution of Britain allows +no man's evidence to be extorted from him to his own destruction. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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, _a trial by their equals?_ + +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. + +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. + +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. + +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. + +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. + +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 _whole_ 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 _not_ be applied, and to provide that +boroughs are not corrupted under pretence of promoting the dignity of +the crown. + +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. + +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. + +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. + +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. + +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. + +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! + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +It is, therefore, to little purpose objected, that there is no _corpus +delicti;_ for even, though it were true, yet while there is a _corpus +suspicionis,_ then inquiry ought to be made for our own honour, nor can +either law or reason be pleaded against it. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +It has been answered by a noble lord, that though there is not _corpus +delicti_, there is _corpus suspicionis_. 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 _corpus delicti,_ and so does every other lord; it is +universally known to mean the _body of an offence;_ but as to the words +_corpus suspicionis,_ 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 _body of a shadow,_ the substance of +something which is itself nothing. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 +_publick,_ 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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, _touching or +concerning the said inquiry, or relative thereto_. What is to be +understood by this last sentence, I would willingly be informed; I would +hear how far the _relation_ to the inquiry is designed to be extended, +with what other _inquiries_ it is to be complicated, and where the chain +of interrogatories is to have an end. + +When an evidence appears before the committee, how can he be certain +that the questions asked are _relative to the inquiry?_ 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 _relative to the inquiry?_ + +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. + +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. + +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. + +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. + +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. + +The indisputable maxim, that _the publick has a right to every man's +evidence,_ 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. + +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. + +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. + +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. + +I will, therefore, my lords, still assert, that _the publick has a right +to every man's evidence;_ 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. + +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 _an inquiry from being impossible;_ 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +The bill was justly styled, by a noble lord, a bill to prevent _an +inquiry from being impossible_. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +[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. + + Content 47, Proxies 10.--57. + Not content 92, Proxies 17.--109. + +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.] + + + + +HOUSE OF LORDS, MAY 20, 1742. + +ON THE SECURITY AND PROTECTION OF TRADE AND NAVIGATION. + + +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, _An Act for the better protecting and securing the trade and +navigation of this kingdom in time of war_. 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. + +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. + +One petition farther says, "That the want of ships of force properly +stationed, encouraged the enemy to increase the number of their +privateers." + +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." + +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." + +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." + +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." + +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." + +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." + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +8. That the schoolmaster and a mariner on board his majesty's ship, the +Duke, do attend the said committee. + +Six days after these orders passed, the said accounts and report were +presented to the house by the secretary of the admiralty. + +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. + +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. + +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. + +Certificates of the discharge of several prisoners, by the enemy, on +promise that a like number of the prisoners in Britain should be +discharged. + +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. + +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. + +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. + +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. + +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. + +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. + +All which were referred to the said committee, and then they heard some +other evidence, and after farther proceeding desired leave to sit again. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +Accordingly they proceeded on this affair the thirty-fifth day, and +heard farther evidence. + +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. + +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. + +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. + +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. + +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. + +_An Act for the better protecting and securing of the trade and +navigation of this kingdom in times of war._ + +"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. + +(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. + +(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. + +(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, +_or ships_.], 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.] + +(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. + +(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. + +(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.] + +(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."] + +(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. + +(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." + + + + +HOUSE OF LORDS, JUNE 1, 1742. + + +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: + +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. + +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! + +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. + +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. + +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. + +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. + +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 +_there shall be no just and sufficient reason_ for neglecting them, and +some operations to be performed as often _as there shall be occasion,_ +and ships are to cruise in a certain latitude, unless _there is a +necessity of employing them elsewhere._ + +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? + +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. + +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. + +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? + +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. + +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. + +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 _in case of great necessity_ in the line of +battle, on this side cape Finisterre. Not to cavil, my lords, at the +term of _great necessity,_ 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? + +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 _where his majesty shall think fit?_ 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? + +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? + +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. + +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. + +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. + +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, _on any +pretence whatsoever_ 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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +It has been objected by the noble lord, that they are directed to be +careened _oftener, if there be occasion_; 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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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? + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _few_ over the _many_, and authority, therefore, can be +founded only on opinion, and must always fall to the ground, when that +which supports it is taken away. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +[Then the question being put, whether the bill should be referred to a +committee; it passed in the negative. Content, 25. Not content, 59. + +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 _better_ +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.] + + + + +HOUSE OF LORDS, NOVEMBER 16, 1742. + + +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: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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:-- + +"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. + +"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. + +"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. + +"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. + +"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." + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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: + +"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." + +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. + +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. + +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. + +If, therefore, the motion for the amendment be not withdrawn, I shall +move, that the first question be first put. + +[The question was then put with regard to the first motion, and it +passed in the affirmative, without any division.] + + + + +HOUSE OF COMMONS, DECEMBER 10, 1742. + + +Motion in the committee of supplies, for granting pay for sixteen +thousand Hanoverian troops for the four months last past. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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! + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _border_ upon treason; and the authors are threatened with +punishments, when they have nothing to fear from a reply. + +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 _borders_ 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 _bordering_ upon guilt, of which those fatal _borders_ +are to be dilated at pleasure by his judges. The law has hitherto +supposed every man, who is not _guilty_, to be _innocent_; 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. + +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 _borderers_, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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, _whether the_ Hanoverian _forces should +be taken into_ British _pay_? + +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. + +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? + +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, _that this nation must contribute to support +the house of Austria and the balance of power in some degree_. + +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 _with the utmost vigour, and with +our whole force_. + +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 _as cheap_ as any +other forces we can hire? Then, whether they are _as good_? Next, +whether they are as properly _situated_? And whether they are _as much +to be depended upon_? 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. + +As to the first, _that they are as cheap_, nay, upon the whole, much +cheaper, the estimates now upon your table, notwithstanding any cavil, +do sufficiently demonstrate. + +_That they are as good_, 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. + +That these troops are not properly _situated_, 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 _as properly circumstanced and +situated as any troops in Europe_. + +It remains in the last place to examine, _whether any other troops can +be better depended upon_; 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. + +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; _shall we +take into our pay sixteen thousand of the Dutch?_ 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. _Shall we hire_ 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. _Shall we then hire_ 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. _The Swiss cantons, therefore, now alone remain_; +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. + +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. + +But yet there is another state of this question, an alternative of +which some gentlemen seem very fond, _whether it would not be better +to assist the queen of Hungary with money only?_ + +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 _l_. 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 _l_. +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. + +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 _general_ and _particular_; _general_, to save the house of +Austria, and to preserve a balance of power; _particular_, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 +_actions_ in Flanders, any reason to believe that their services will +be greater. + +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. + +[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.] + + + + +HOUSE OF LORDS, FEBRUARY 1, 1742-3. + + +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:-- + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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." + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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? + +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 _balance of +power_; 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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! + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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 _take +and hold_. What, my lords, do we _hold_, or what have we _taken_? 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _confederacy_ 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _with his +allies_, 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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +[The question was then put, and determined in the negative, by 90 +against 35.] + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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." + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +[It was carried in the affirmative, by 78 against 35.] + + + + +HOUSE OF LORDS, FEBRUARY 21, 1742-3. + +DEBATE ON SPIRITUOUS LIQUORS. + + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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:-- + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _even +necessity is become luxurious_. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _liquid fire_, as it +has been termed, were to be extinguished for ever. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 +_difficulties_ and _inconveniencies_ which are asserted in the +preamble of this bill to have _attended the putting the late act in +execution_, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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, + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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? + +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. + +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. + +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. + +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 +_drinking fund_. + +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. + +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." + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 L175,000. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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, _ad +modum possidentis_, 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. + +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 _necessity +itself was become luxurious_, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +[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. + +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. + +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.] + + +FEBRUARY 23, 1742-3. + +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. + +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 +_easy manner_ 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _senatorial brandy_, and +the law being universally evaded, was soon after repealed as useless. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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 _manufacture_. + +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. + +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. + +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. + +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. + +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 _spirituous manufacture_, 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? + +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. + +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. + +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. + +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. + +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? + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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! + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +[The question, whether the house should be now resumed, was then put +and determined in the negative by 56 against 85. + +The other clauses were then read, and agreed to. + +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:] + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _wilful murder_. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +[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. + +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. + +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:] + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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! + +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? + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _for_ the bill +preponderate, not that those _against_ it, are without weight. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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? + +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? + +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. + +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. + +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. + +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. + +[Thus ended this memorable debate. The question being put, was +determined in favour of the bill by 57 against 38.] + +END + + + + + +End of the Project Gutenberg EBook of The Works of Samuel Johnson, Vol. 11. +by Samuel Johnson + +*** END OF THIS PROJECT GUTENBERG EBOOK S. JOHNSON, V11 *** + +***** This file should be named 10352.txt or 10352.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/1/0/3/5/10352/ + +Produced by Jonathan Ingram, Tom Allen and the Online Distributed +Proofreading Team. + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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