The injustice of so flagrant an invasion of the liberty of particular men has been already exposed; nor is it, in my opinion, less easy to discover the imprudence of exhausting all our supplies at once, and sweeping away all our sailors, to supply a single exigency.
It has often been remarked, sir, in favour of a standing army, that it is requisite to have a number of regular forces, who, though too weak to oppose an invasion, might be able to establish discipline in a larger body. An observation which may, with much greater justness, be applied to the seamen, whose art is much more difficult to be attained, and who are equally necessary in war and peace.
If our stock of seamen, sir, be destroyed, if there is not left in our trading vessels a sufficient number of experienced artists to initiate novices, and propagate the profession, not only our ships of war must lie useless, but our commerce sink to nothing.
Nor have I reason to believe the naval power of France so formidable, as that we ought to be terrified by the apprehensions of it into any extraordinary methods of procedure. I am informed that they have now very few ships of force left in their harbours; and that they have exerted their whole strength in the American fleet.
I am not, therefore, sir, for providing against present dangers, without regard to our future security; and think nothing more worthy of the consideration of this assembly, than the means of encouraging and increasing our seamen, which will not be effected by the bill before us.
Land forces may be hired upon emergencies; but sailors are our own peculiar strength, and the growth of our own soil; we are, therefore, above all other regards, to attend, if I may use the term, to the preservation of the species.
Mr. VYNER next spoke:—Mr. Chairman, as there can be no stronger objection to any law than ambiguity, or indeterminate latitude of meaning, I think it necessary to propose, that some word of known and limited import, be substituted in the place ofseafaring men; an expression which, if I was asked the meaning of it, I should find it difficult to explain.
Areseafaringmen those only who navigate in thesea? The term is then superfluous, for all such are evidently comprised in the wordseamen. Are they bargemen or watermen, who ply on rivers and transport provision or commodities from one inland town to another? In that sense nobody will affirm that it is a proper word; and impropriety in the expression of laws, produces uncertainty in the execution of them.
Captain CORNWALL rose up:—Sir, the termseafaring men, of which an explication is desired, is intended to include all those who live by conveying goods or passengers upon the water, whether the sea or inland rivers: nor can we restrain it to a narrower sense, without exempting from the publick service great numbers, whose manner of life has qualified them for it, and from whom their country may, with equal justice, expect assistance, as from those who are engaged in foreign traffick.
Mr. VYNER replied:—Sir, I am far from concurring with the honourable gentleman in his opinion, that the inland watermen are, by their profession, in any degree qualified for sea service, or can properly be calledseafaring men.
All qualifications for the service must consist either in some knowledge of the arts of navigation, or in some familiarity with the dangers of the sea. With regard to any previous knowledge of naval business, it is well known that they have no advantage over any common labourer; for the manner of navigating a ship and a barge have, for the most part, nothing in common.
Nor are these watermen, sir, more able to stand firm in the terrours of the storm, or the noise of a battle, than those who follow any other occupation. Many of them never saw the sea, nor have less dread of its danger than the other inhabitants of the inland counties. They are, therefore, neitherseafaringmen, nor peculiarly capable of being madeseamen.
But the hardship upon particular men is not the strongest objection to this clause, which, by obstructing our inland navigation, may make our rivers useless, and set the whole trade of the nation at a stand. For who will bring up his son a waterman, who knows him exposed by that profession to be impressed for a seaman?
It seems, therefore, necessary, sir, either to omit the termseafaring men[Footnote: Agreed to be omitted.], or to explain it in such a manner, that inland watermen may not be included.
Lord GAGE spoke next:—Sir, so much has been urged against the compulsive methods proposed in this clause, and so little produced in favour of them, that it may seem superfluous to add any thing, or to endeavour, by a multiplicity of arguments, to prove what common reason must immediately discover. But there is one consequence of this clause which has not yet been observed, and which is yet too important not to be obviated by a particular proviso.
It is well known, sir, that many of those to whom this act will extend, are freeholders and voters, for electing the representatives of the nation; and it is therefore apparent, that elections may be influenced by an ill-timed or partial execution of it. How easy will it be, when an election approaches, to raise a false alarm, to propose some secret expedition, or threaten us with an invasion from some unknown country, and to seize on all the seafaring voters whose affections are suspected, and confine them at Spithead till the contest is over.
I cannot, therefore, sir, but think it necessary, that if this clause be suffered to pass, some part of its hateful consequences should be prevented by an exception in favour of freeholders and voters, which, surely, is no less than what every man owes to his own security, to the welfare of his country, and to those by whom he has been honoured with the care of their liberties.
Mr. Henry PELHAM then said, as follows:—Sir, I do not rise in opposition to the proposal made by that right honourable member, nor do I think this the proper time either for opposing or approving it. Method is of the highest importance in inquiries like these; and if the order of the debate be interrupted by foreign questions, or incidental objections, no man will be able to consider the clauses before us with the attention necessary to his own satisfaction, or to the conviction of others; the mind will be dissipated by a multiplicity of views, and nothing can follow but perplexity and confusion.
The great end, sir, for which we are now assembled, is to strike out methods of manning the fleet with expedition and certainty. It is, therefore, proper, in the first place, to agree upon some general measures, to each of which there may, undoubtedly, be particular objections raised, that may be afterwards removed by exceptions or provisions; but these provisions should, for the sake of order, be inserted in particular clauses, to be separately considered.
Of this kind is the exception now offered, to which I have no objection but its present impropriety, and the interruption of the debate which it may now occasion; for I see, at present, no reason against admitting it in a particular clause.
When it is considered how much the success of the war may depend upon the determinations of this day, and how much our future happiness and security may depend upon the success of our present undertakings, I hope my solicitude for regularity and expedition will be easily excused.
Sir Hind COTTON answered:—I am not able, sir, to discover any imminent danger to the nation in suspending our attention to the clause before us, for a few moments; nor, indeed, do we cease to attend to it, while we are endeavouring to mollify it, and adapt it to our constitution.
The exception proposed is, in the opinion of the honourable gentleman, so reasonable, that he declares himself ready to approve it in another place; and, to me, no place seems more proper of its making part of this bill than this. As a connexion between the clause and exception appears necessary and immediate, I cannot see why it should be postponed, unless it is hoped that it may be forgotten.
Mr. PULTENEY then spoke:—Sir, that this exception should be forgotten there is no danger; for how long soever it be delayed, I will never agree to the act till I see it inserted. If we suffer the liberty of the freeholders to be infringed, what can we expect but to be charged with betraying our trust, and giving up to servitude and oppression those who deputed us to this assembly, as the guardians of their privileges, and the asserters of their birthright; a charge too just to be denied, and too atrocious to be borne.
Sir, the right of a freeholder is independent on every other circumstance, and is neither made more or less by wealth or poverty: the estate, however small, which gives a right of voting, ought to exempt the owner from every restraint that may hinder the exertion of his right; a right on which our constitution is founded, and which cannot be taken away without subverting our whole establishment.
To overlook the distinctions which the fundamental laws of our country have made in respect to different orders of men, and to regard only the accidents of affluence and necessity, is surely unjust in itself, and unworthy of this assembly; an assembly, sir, instituted principally to protect the weak against the strong, and deputed to represent those, in a collective state, who are not considerable enough to appear singly, and claim a voice in the legislature.
To expose an honest, a laborious, and an useful man, to be seized by the hands of an insolent officer, and dragged from the enjoyment of his right, only because he will not violate his conscience, and add his voice to those of sycophants, dependents, and prostitutes, the slaves of power, the drudges of a court, and the hirelings of a faction, is the highest degree of injustice and cruelty. Let us rather, sir, sweep away, with an impress, the drones of large fortunes, the tyrants of villages, and the oppressors of the poor; let us oblige those to serve their country by force, whose fortunes have had no other effect than to make them insolent and worthless; but let such who, by contributing to commerce, make every day some addition to the publick wealth, be left in the full enjoyment of the rights which they deserve: let those, by whose labour the expenses of the war are furnished, be excused from contributing to it by personal service.
It is necessary, sir, to have our laws established by the representatives of the people; it is necessary that those representatives should be freely elected; and, therefore, every law that obstructs the liberty of voters, is contrary to the fundamental laws of our constitution; and what multitudes may, by this law, be either hindered from giving their votes, or be terrified into such a choice as by no means corresponds with their judgments or inclinations, it is easy to foresee.
I am, indeed, of opinion, sir, that this clause cannot be adapted to our constitution, nor modified, by any expedient, into a law, which will not lay insupportable hardships upon the nation, and make way for absolute power. But as it is necessary that a constant supply of seamen should be provided, I think it not improper to observe, that there is one expedient yet remaining, by which, though it will not much assist us in our present exigence, the fleets of this nation may hereafter be constantly supported.
We have, at present, great numbers of charity schools established in this nation, where the children of the poor receive an education disproportioned to their birth. This has often no other consequences than to make them unfit for their stations, by placing them, in their own opinion, above the drudgery of daily labour; a notion which is too much indulged, as idleness, cooperating with vanity, can hardly fail to gain the ascendant, and which sometimes prompts them to support themselves by practices not only useless, but pernicious to society. This evil, sir, cannot be better obviated than by allotting a reasonable proportion out of every school to the service of the sea, in which, by entering early, they cannot fail to become proficients; and where their attainments, which, at present, too frequently produce laziness and dishonesty, might enable them to excel, and entitle them to promotion.
Mr. WINNINGTON replied:—Sir, notwithstanding the confidence with which some gentlemen have proposed this amendment, and the easiness with which others have consented to it, I declare, without hesitation, that I oppose it now, and intend to oppose it whenever it shall be offered, because it will defeat all the other provisions which shall be made in the bill.
I will venture to say, sir, that if every man, who has, by whatever tenure, the right of voting, shall be exempted from the necessity of contributing to the publick safety by his personal service, every man qualified for the sea will by some means acquire a vote.
Sir, a very small part of those who give their votes in this nation for representatives in senate, enjoy that right as the appendage of a freehold; to live in some towns, and to be born only in others, gives the unalienable privilege of voting. Any gentleman, to secure his own interest, or obstruct the publick service, may, by dividing a small piece of barren ground among a hundred sailors, exalt them all to freeholders, and exempt them from the influence of this law.
However, sir, I am not less a friend to the freeholders than those who propose the exception in their favour, but, in my opinion, the great interest of the freeholders is the preservation of their freeholds, which can only be secured by a vigorous exertion of the power of the nation, in the war which is now declared against the Spaniards.
Mr. BARRINGTON spoke next:—Sir, by the observations which I have opportunities of making at the place which I have the honour to represent, I am convinced of the influence that this law will have upon all the boroughs along the coasts. There, most of the voters are, in one sense or other, sir, seafaring men, being, almost all of them, owners of vessels, and in some degree acquainted with navigation; they may, therefore, be hurried away at the choice of an officious or oppressive magistrate, who may, by partiality and injustice, obtain a majority, contrary to the general inclination of the people, and determine the election by his own authority.
Sir William YONGE then said:—Sir, if every freeholder and voter is to be exempted from the influence of the law, the bill that we are with so much ardour endeavouring to draw up and rectify, and of which the necessity is so generally acknowledged, will be no other than an empty sound, and a determination without an object; for while we are empowering the government to call seamen into the service, we are exempting almost all that are able to serve from the denomination of seamen: what is this but to dispute without a subject? to raise with one hand and demolish with the other?
In the western parts of the nation, sir, where I reside, many who vote at elections claim their privilege by no other title than that of boiling a pot; a title which he who has it not, may easily obtain, when it will either gratify his laziness or his cowardice, and which, though not occasionally obtained, seems not sufficient to set any man out of the reach of a just and necessary law.
It is, therefore, sir, undoubtedly requisite that the terms of the exception should be explicit and definitive, and that only those should be exempted who have such possessions or qualifications as this assembly shall think a just title to exemption. For on the western coast, from whence great supplies may be expected, almost every sailor has a vote, to which nothing is there required but to hire a lodging, and boil a pot; after which, if this exception be admitted in all its latitude, he may sit at ease amidst the distresses of his country, ridicule the law which he has eluded, and set the magistrate at open defiance.
The PRIME MINISTER spoke next:—As I think, Sir, some exception may be just and proper, so I suppose every gentleman will concur with me in rejecting one of such extent as shall leave no object for the operation of the law.
It is, in my opinion, proper to restrain the exemption to those freeholders who are possessed of such an estate as gives a vote for the representative of the county, by which those whose privilege arises from their property will be secured; and it seems reasonable that those who have privileges without property, should purchase them by their services.
Counsellor BROWN spoke next:—Sir, the exception proposed will not only defeat the end of the bill, by leaving it few objects, but will obstruct the execution of it on proper occasions, and involve the magistrate in difficulties which will either intimidate him in the exertion of his authority, or, if he persists in discharging his duty with firmness and spirit, will perhaps oblige him sometimes to repent of his fidelity.
It is the necessary consequence, sir, of a seaman's profession, that he is often at a great distance from the place of his legal settlement, or patrimonial possessions; and he may, therefore, assert of his own circumstances what is most convenient, without danger of detection. Distance is a security that prompts many men to falsehoods, by which only vanity is gratified; and few men will tell truth in opposition to their interest, when they may lie without apprehension of being convicted.
When, therefore, a magistrate receives directions to impress all the seamen within his district, how few will he find who will not declare themselves freeholders in some distant county, or freemen of some obscure borough. It is to no purpose, sir, that the magistrate disbelieves what he cannot confute; and if in one instance in a hundred he should be mistaken, and, acting in consequence of his errour, force a freeman into the service, what reparation may not be demanded?
I, therefore, propose it to the consideration of the committee, whether any man ought to claim exemption from this law by a title, that may so readily be procured, or so safely usurped.
The ATTORNEY GENERAL spoke next:—Sir, the practice of impressing, which has been declaimed against with such vehement exaggerations, is not only founded on immemorial custom, which makes it part of the common law, but is likewise established by our statutes; for I remember to have found it in the statutes of queen Mary, and therefore cannot allow that it ought to be treated as illegal, and anti-constitutional.
That it is not inconsistent with our constitution may be proved from the practice of erecting the royal standard, upon great emergencies, to which every man was obliged immediately to repair; this practice is as old as our constitution, and as it may be revived at pleasure, may be properly mentioned as equivalent to an impress.
Mr. VYNER answered:—This word, sir, which the learned member has by his wonderful diligence discovered in the statutes, may perhaps be there, but in a signification far different from that which it bears at present. The word was, without doubt, originally French,prêt, and implied what is now expressed by the termready; and to impress any man was in those days only to make himready, or engage him to hold himself inreadiness, which was brought about not by compulsion, pursuit, and violence, but by the allurements of a pecuniary reward, or the obligation of some ancient tenure.
HOUSE OF COMMONS, MARCH 9, 1740-1.
HOUSE OF COMMONS, MARCH 9, 1740-1.
On the sixty-sixth day, the consideration of the bill for raising seamen was resumed, and a clause read, by which every constable, headborough, tithingman, or other person, was liable to be examined upon oath by the justices of peace, who were empowered to lay a fine upon them for any neglect, offence, or connivance.
Sir John BARNARD rose up, and spoke to the following effect:—Mr. Chairman, it is the peculiar happiness of the Britons, that no law can be made without the consent of their representatives, and I hope no such infatuation can ever fall upon them as may influence them to choose a representative capable of concurring in absurdities like this.
The folly, the iniquity, the stupidity of this clause, can only be conceived by hearing it repeated; it is too flagrant to be extenuated, and too gross to admit exaggerations: to oblige a man to make oath against himself, to subject himself by his own voice to penalties and hardships, is at once cruel and ridiculous, a wild complication of tyranny and folly.
To call upon any man to accuse himself, is only to call upon him to commit perjury, and has therefore been always accounted irrational and wicked: in those countries where it is practised, the confession is extorted by the rack, which indeed is so necessary on such occasions, that I should not wonder to hear the promoters of this clause openly declaring for the expediency of tortures.
Nothing is more evident than that this bill, however the importance of the occasion may be magnified, was drawn up without reflection, and that the clauses were never understood by those that offered them: errours like these must arise only from precipitation and neglect, for they are too gross to be committed either by ignorance or design.
To expose such absurdities is, indeed, easy, but not pleasing; for what end is answered by pointing at folly, or how is the publick service advanced by showing that the methods proposed are totally to be rejected? Where a proposition is of a mixed kind, and only erroneous in part, it is an useful and no disagreeable task to separate truth from errour, and disentangle from ill consequences such measures as may be pursued with advantage to the publick; but mere stupidity can only produce compassion, and afford no opportunities for inquiry or dispute.
Admiral WAGER replied:—Sir, this clause, however contemptuously treated, has been already passed into a law by a senate which brought no dishonour upon the British nation, by a senate which was courted and dreaded by the greatest part of the universe, and was drawn up by a ministry that have given their posterity no reason to treat them with derision and contumely.
In the reign of the late great queen, this method of proceeding was approved and established, and we may judge of the propriety of the measures followed in that war by the success which they procured.
Those, therefore, by whom this bill was drawn up have committed no new absurdities, nor have proposed any thing which was not enacted by the wisest of our predecessors, in one of the most illustrious periods of our history.
Mr. GYBBON answered:—Sir, I am far from thinking a proposition sufficiently defended by an assertion that it was admitted by our predecessors; for though I have no inclination to vilify their memory, I may without scruple affirm, that they had no pretensions to infallibility, and that there are in many of our statutes instances of such ignorance, credulity, weakness, and errour, as cannot be considered without astonishment.
In questions of an abstruse and complicated nature, it is certain, sir, that experience has taught us what could never have been discovered previously by the wisdom of our ancestors; and we have found, by their consequences, the impropriety of many practices which they approved, and which we should have equally applauded in the same circumstances.
But to what purpose is observation, if we must shut our eyes against it, and appeal for ever to the wisdom of our ancestors?—if we must fall into errour, merely because they were mistaken, and rush upon rocks out of veneration to those who were wrecked against them.
In questions easily to be examined, and determinations which comprised no perplexing contrarieties of interest, or multiplicity of circumstances, they were equally liable with ourselves to be supine and negligent, to sink into security, or be surprised by haste. That the clause now before us was enacted by them, must be ascribed merely to the hurry of the session in which it was brought before them; a time in which so many inquiries of the highest importance were to be made, and great diversity of views to be regarded, that it is no wonder that some absurdities should escape without detection.
In the fourth of the reign of the queen, this bill was brought in, as now, at the latter end of a session, when the attention of the senate was fatigued and distracted; and it was hurried through both houses, and ratified by the queen, with very little consideration.
But then, as this circumstance may be justly termed an extenuation of their errour, it ought to be a lesson of caution to us, that we may not be, in the like manner, betrayed into the same weakness.
Mr. Henry PELHAM next rose up:—Sir, the conduct of our predecessors seems not to stand in need of any excuse; for it might be easy to vindicate it by arguments, but that it is more proper to approve it by imitation.
Whenever the bill was passed, or how hastily soever the law was enacted, it was, I believe, rather the effect of necessity than of inadvertency; of the same necessity which now presses, and which is very ill consulted by tedious debates.
They were then involved in a war, and were not so distracted by private interests as not to unite in the most vigorous opposition of their enemies. They knew that the publick good is often promoted by the temporary inconveniencies of individuals; and when affairs of the highest importance demanded their attention, when the security of the whole nation and the happiness of their posterity were the subject of their inquiries, they wisely suffered less considerations to pass, without superfluous and unseasonable solicitude.
How justly they reasoned, sir, and what vigour their resolutions gave to the military operations, our victories are a sufficient proof: and if experience be the surest guide, it cannot be improper to imitate those who, in the same circumstances with ourselves, found means to raise the honour, and improve the commerce of their country.
That our circumstances are the same with those of the senate by which this law was made, is obvious beyond dispute; or where they vary, the difference is, perhaps, to our disadvantage. We have, sir, the same enemies, or, at least, have reason to apprehend the same; but have little hope of the same allies. The present war is to be carried on at a greater distance, and in more places at the same instant; we cannot, therefore, supply our ships occasionally, but must raise great numbers in a short time.
If, therefore, it was then concluded, that the method under our examination was useful; if measures, not eligible in themselves, may be authorized by necessity, why may not we, in compliance with the same exigencies, have recourse to the same expedients?
Sir William YONGE then spoke:—Sir, how much weight is added to the determinations of the senate, by the dignity of their procedure, and the decency of their disputations, a slight knowledge of mankind is sufficient to evince. It is well known that government is supported by opinion; and that he who destroys the reputation, destroys the authority of the legislative power. Nor is it less apparent, that he who degrades debate into scurrility, and destroys the solemnity of consultation, endeavours to sink the senate into contempt.
It was, therefore, sir, with indignation and surprise, that I heard the clause before us censured with such indecency of language, and the authors of it treated with contumelies and reproaches that mere errour does not deserve, however apparent, but which were now vented before any errour was detected.
I know not, sir, why the gentlemen, who are thus indecently attacked, have suffered such reproaches without censure, and without reply. I know not why they have omitted to put the honourable gentleman in mind of the respect due to this assembly, or to the characters of those whom he opposes; gentlemen equally skilled with himself in the subject of our inquiries, and whom his own attainments, however large, or his abilities, however comprehensive, cannot give him a right to charge with ignorance or folly.
To reproach men with incapacity, is a cheap method of answering their arguments; but a method which the rules of this house ought to exclude from our debates, as the general civility of the world has banished it from every other place of concourse or conversation.
I, for my part, sir, shall always endeavour to confine my attention to the question before us, without suffering my reason to be biassed, or my inquiries diverted by low altercations, or personal animosities; nor when any other man deviates into reproachful and contemptuous language, shall I be induced to think more highly of either his arguments or capacity.
Sir John BARNARD replied:—Sir, I have always heard it represented as an instance of integrity, when the tongue and heart move in concert, when the words are representations of the sentiments; and have, therefore, hitherto, endeavoured to explain my arguments with perspicuity, and impress my sentiments with force; I have thought it hypocrisy to treat stupidity with reverence, or to honour nonsense with the ceremony of a confutation. As knavery, so folly, that is not reclaimable, is to be speedily despatched; business is to be freed from obstruction, and society from a nuisance.
Nor, sir, when I am censured by those whom I may offend, by the use of terms correspondent with my ideas, will I, by a tame and silent submission, give reason to suspect that I am conscious of a fault, but will treat the accusation with open contempt, and show no greater regard to the abettors, than to the authors of absurdity.
That decency is of great use in publick debates, I shall readily allow; it may sometimes shelter folly from ridicule, and preserve villany from publick detection; nor is it ever more carefully supported, than when measures are promoted that nothing can preserve from contempt, but the solemnity with which they are established.
Decency is a proper circumstance; but liberty is the essence of senatorial disquisitions: liberty is the parent of truth; but truth and decency are sometimes at variance: all men and all propositions are to be treated here as they deserve; and there are many who have no claim either to respect or decency.
Mr. WINNINGTON then rose:—Sir, that it is improper in its own nature, and inconsistent with our constitution, to lay any man under an obligation to accuse himself, cannot be denied; it is, therefore, evident, that some amendment is necessary to the clause before us.
I have, for this reason, drawn up an amendment, sir, which, if approved by the committee, will, in my opinion, remove all the objections to this part of the bill, and, by reconciling it with our natural and legal rights, I hope, induce those to approve it, who have hitherto opposed it.
I therefore propose, that these words should be substituted instead of those which are the subject of the debate; or some other to this purpose:That no person shall be liable to be fined by virtue of this act, unless a witness, being examined, shall make oath of the misdemeanour or neglect.
Thus the necessity of examining men upon oath in their own cause will be entirely taken away; and, as the clause will then stand, there will remain no suspicion of injustice, or oppression, because none can be practised without the concurrence of many persons of different interests.
[This clause, though agreed to in the committee, was at last rejected.]
Mr. Horace WALPOLE spoke next, to this effect:—Mr. Chairman, it does not yet appear that the gentlemen who have engaged in this debate, have sufficiently attended to the exigence of our affairs, and the importance of the question. They have lavished their oratory in declaiming upon the absurdity of the methods proposed, and discovered their sagacity, by showing how future navies may be supplied from charity schools, but have substituted no expedients in the place of those which they so warmly condemn, nor have condescended to inform us, how we may now guard our coasts, or man our fleets for immediate service.
There are some circumstances, sir, of the present war, which make our necessity of raising sea forces greater than in those of William, and Anne that succeeded him. The chief advantages that we gained over the French, in their wars, were the consequences of our victories by land.
At sea, sir, the balance was almost equal, though the Dutch fleet and ours were united; nor did they quit the sea because their fleets were destroyed, but because they were obliged to recruit their land forces with their sailors. Should they now declare war against us, they would be under no such necessity of defrauding the sea service, for they have now on foot an army of one hundred and sixty thousand men, which are maintained at no greater expense than forty thousand, by the British government; as they are, therefore, sir, so formidable by land, we have no way of opposing them but by our sea forces.
Nor is their navy so contemptible as some have, either by conjecture or misinformation, represented it. The fleet which they have despatched to America, consists not of fewer than twenty ships, of which the least carry sixty guns, and they are fitting out now an equal number in their own ports; besides, their East India company is obliged to furnish ten ships of the line, at the demand of the government.
Thus it appears that we have neighbours sufficiently powerful to alarm us with the sense of immediate danger; danger which is made more imminent by the expeditious methods by which the French man their fleets, and which we must imitate if we hope to oppose them with success.
I need not say how little we can depend upon any professions of neutrality, which will be best observed when they cannot be securely violated; or upon the pacifick inclination of their minister, which interest, persuasion, or caprice, may alter, and to which it is not very honourable to trust for safety. How can that nation sink lower, which is only free because it is not invaded by its neighbours; and retains its possessions, only because no other has leisure or inclination to take them away?
If it be asked, what can provoke the French to interrupt us in the prosecution of our designs, and in the punishment of those who have plundered and insulted us, it is not only easy to urge the strict alliance between the two crowns, the ties of blood, the conformity of interests, and their equal hatred of the Britons, but another more immediate reason may be added. It is suspected, that under pretence of vindicating our own rights, we are endeavouring to gain the possession of the Spanish dominions, and engross the wealth of the new world; and that, therefore, it is the interest of every power, whose subjects traffick to those countries, to oppose us.
Thus, whether we succeed or fail in our attempts upon America, we have the French power to apprehend. If we make conquests, they may, probably, think it necessary to obviate the torrent of our victories, and to hinder the increase of our dominions, that they may secure their own trade, and maintain their own influence.
If we should be defeated, of which no man, sir, can deny the possibility, the inclination of all to insult the depressed, and to push down the falling, is well known; nor can it be expected that our hereditary enemies would neglect so fair an opportunity of attacking us.
How they might ravage our coasts, and obstruct our trade; how they might triumph in the Channel, and block us up in our own ports, bombard our towns, and threaten us with invasions, I hope I need but barely mention, to incite this assembly to such despatch in manning our fleets, as may secure us at once from insults and from terrour.
It is, undoubtedly, sir, in our power to raise a naval force sufficient to awe the ocean, and restrain the most daring of our enemies from any attempts against us; but this cannot be effected by harangues, objections, and disputations.
There is nothing, sir, more frequently the subject of raillery or declamation, than the uselessness or danger of a standing army, to which I declare myself no otherwise inclined than by my concern for the common safety; I willingly allow that not one soldier ought to be supported by the publick, whose service is not necessary; but surely none of those who declare so warmly for the honour and privileges of their country, would expose it to the insults of foreign powers, without defence. If, therefore, they think the danger of land forces more than equivalent to the benefit, they ought unanimously to concur in the increase of our naval strength, by which they may be protected, but cannot be oppressed: they ought willingly to give their assistance to any propositions for making the fleet, formidable, that their declarations against the army may not be thought to proceed from a resolution to obstruct the measures of the government, rather than from zeal for the constitution. For he that equally opposes the establishment of the army, and the improvement of the navy, declares in effect against the security of the nation; and though, perhaps, without design, exposes his countrymen to the mercy of their enemies.
Mr. PULTENEY spoke next:—Sir, I cannot discover for what reason the bill before us is so vigorously supported, but must observe, that I have seldom known such vehement and continued efforts produced by mere publick spirit, and unmingled regard for the happiness of the nation. Nothing, sir, that can be urged in favour of the measures now proposed has been omitted. When arguments are confuted, precedents are cited; when precedents fail, the advocates for the bill have recourse to terrour and necessity, and endeavour to frighten those whom they cannot convince.
But, perhaps, sir, these formidable phantoms may soon be put to flight, and, like the other illusions of cowardice, disappear before the light. Perhaps this necessity will be found only chimerical; and these dangers appear only the visions of credulity, or the bugbears of imposture.
To arrive at a clear view of our present condition, it will be necessary, sir, not to amuse ourselves with general assertions, or overwhelm our reason by terrifying exaggerations: let us consider distinctly the power and the conduct of our enemies, and inquire whether they do not affright us more than they are able to hurt us.
That the force of Spain alone, sir, is much to be dreaded, no man will assert; for that empire, it is well known, has long been seized with all the symptoms of declining power, and has been supported, not by its own strength, but by the interests of its neighbours. The vast dominions of the Spaniards are only an empty show; they are lands without inhabitants, and, by consequence, without defence; they are rather excrescences, than members of the monarchy, and receive support rather than communicate. In the distant branches of their empire the government languishes, as the vital motion in an expiring body; and the struggles which they now make, may be termed rather agonies than efforts.
From Spain, therefore, unassisted, we have nothing to apprehend, and yet from thence we have been threatened with insults and invasions.
That the condition of the French is far different, cannot be denied; their commerce flourishes, their dominions are connected, their wealth increases, and their government operates with full vigour: their influence is great, and their name formidable. But I cannot allow, sir, that they have yet attained such a height of power as should alarm us with constant apprehensions, or that we ought to secure ourselves against them by the violation of our liberties. Not to urge that the loss of freedom, and the destruction of our constitution, are the worst consequences that can be apprehended from a conquest, and that to a slave the change of his master is of no great importance, it is evident, that the power of the French is of such kind as can only affect us remotely, and consequentially. They may fill the continent with alarms, and ravage the territories of Germany, by their numerous armies, but can only injure us by means of their fleets. We may wait, sir, without a panick terrour, though not without some degree of anxiety, the event of their attempts upon the neighbouring princes, and cannot be reduced to fight for our altars and our houses, but by a second armada, which, even then, the winds must favour, and a thousand circumstances concur to expedite.
But that no such fleet can be fitted out by the united endeavours of the whole world; that our navy, in its present state, is superiour to any that can be brought against us, our ministers ought not to be ignorant: and, therefore, to dispirit the nation with apprehensions of armies hovering in the air, and of conquerors to be wafted over by supernatural means, is to destroy that happiness which government was ordained to preserve; to sink us to tameness and cowardice; and to betray us to insults and to robberies.
If our danger, sir, be such as has been represented, to whom must we impute it? Upon whom are our weakness, our poverty, and our miseries to be charged? Upon whom, but those who have usurped the direction of affairs which they did not understand, or to which their solicitude for the preservation of their own power hindered them from attending?
That the Spaniards, sir, are now enabled to make resistance, and, perhaps, to insult and depopulate our colonies; that the French have despatched a fleet into the American seas, to obstruct, as may be conjectured, the progress of our arms, and that we are in danger of meeting opposition which we did not expect, is too evident to be concealed.
But, sir, is not the spirit of our enemies the consequence rather of our cowardice than of their own strength? Does not the opposition to our designs, by whatever nation it shall be made, arise from the contempt which has been brought upon us by our irresolution, forbearance, and delays? Had we resented the first insult, and repaired our earliest losses by vigorous reprisals, our merchants had long ago carried on their traffick with security, our enemies would have courted us with respect, and our allies supported us with confidence.
Our negotiations, treaties, proposals, and concessions, not only afforded them leisure to collect their forces, equip their fleets, and fortify their coasts; but gave them, likewise, spirit to resist those who could not be conquered but by their own cowardice and folly. By our ill-timed patience, and lingering preparations, we encouraged those to unite against us, who would, otherwise, have only hated us in secret; and deterred those from declaring in our favour, whom interest or gratitude might have inclined to assist us. For who will support those from whom no mutual support can be expected? And who will expect that those will defend their allies, who desert themselves?
But, sir, however late our resentment was awakened, had the war been prosecuted vigorously after it was declared, we might have been now secure from danger, and freed from suspense, nor would any thing have remained but to give laws to our enemies.
From the success of Vernon with so inconsiderable forces, we may conjecture what would have been performed with an armament proportioned to his undertaking; and why he was not better supplied, no reason has yet been given; nor can it be easily discovered why we either did not begin the war before our enemies had concerted their measures, or delay it till we had formed our own.
Notwithstanding some opportunities have been neglected, and all the advantages of a sudden attack have been irrecoverably lost; notwithstanding our friends, sir, have learned to despise and neglect us, and our enemies are animated to confidence and obstinacy, yet our real and intrinsick strength continues the same; nor are there yet any preparations made against us by the enemy, with views beyond their own security and defence. It does not yet appear, sir, that our enemies, however insolent, look upon us as the proper objects of a conquest, or that they imagine it possible to besiege us in our own ports, or to confine us to the defence of our own country. We are not, therefore, to have recourse to measures, which, if they are ever to be admitted, can be justified by nothing but the utmost distress, and can only become proper, as the last and desperate expedient. The enemy, sir, ought to appear not only in our seas, but in our ports, before it can be necessary that one part of the nation should be enslaved for the preservation of the rest.
To destroy any part of the community, while it is in our power to preserve the whole, is certainly absurd, and inconsistent with the equity and tenderness of a good government: and what is slavery less than destruction? What greater calamity has that man to expect, who has been already deprived of his liberty, and reduced to a level with thieves and murderers? With what spirit, sir, will he draw his sword upon his invaders, who has nothing to defend? Or why should he repel the injuries which will make no addition to his misery, and will fall only on those to whom he is enslaved?
It is well known that gratitude is the foundation of our duty to our country, and to our superiours, whom we are obliged to protect upon some occasions, because, upon others, we receive protection from them, and are maintained in the quiet possession of our fortunes, and the security of our lives. But what gratitude is due to his country from a man distinguished, without a crime, by the legislature, from the rest of the people, and marked out for hardships and oppressions? From a man who is condemned to labour and to danger, only that others may fatten with indolence, and slumber without anxiety? From a man who is dragged to misery without reward, and hunted from his retreat, as the property of his master?
Where gratitude, sir, is not the motive of action, which may easily happen in minds not accustomed to observe the ends of government, and relations of society, interest never fails to preside, which may be distinguished from gratitude, as it regards the immediate consequences of actions, and confines the view to present advantages. But what interest can be gratified by a man who is not master of his own actions, nor secure in the enjoyment of his acquisitions? Why should he be solicitous to increase his property, who may be torn from the possession of it in a moment? Or upon what motive can he act who will not become more happy by doing his duty?
Many of those to whom this bill is proposed to extend, have raised fortunes at the expense of their ease, and at the hazard of their lives; and now sit at rest, enjoying the memory of their past hardships, and inciting others to the prosecution of the same adventures. How will it be more reasonable to drag these men from their houses, than to seize any other gentleman upon his own estate? and how negligently will our navigation and our commerce be promoted, when it is discovered that either wealth cannot be gained by them, or, if so gained, cannot be enjoyed.
But it is still urged, sir, that there is a necessity of manning the fleet; a necessity which, indeed, cannot totally be denied, though a short delay would produce no frightful consequences, would expose us to no invasions, nor disable us from prosecuting the war. Yet, as the necessity at least deserves the regard of the legislature, let us consider what motives have hitherto gained men over to the publick service; let us examine how our land forces are raised, and how our merchants equip their ships. How is all this to be effected without murmurs, mutinies, or discontent, but by the natural and easy method of offering rewards?
It may be objected, sir, that rewards have been already proposed without effect; but, not to mention the corrupt arts which have been made use of to elude that promise, by rejecting those that came to claim them, we can infer from their inefficacy only, that they were too small; that they were not sufficient to dazzle the attention, and withdraw it from the prospect of the distant advantages which may arise from the service of the merchants. Let the reward, therefore, be doubled, and if it be not then sufficient, doubled anew. There is nothing but may be bought, if an adequate price is offered; and we are, therefore, to raise the reward, till it shall be adjudged by the sailors equivalent to the inconveniencies of the service.
Let no man urge, that this is profusion; that it is a breach of our trust, and a prodigality of the publick money. Sir, the money thus paid is the price of liberty; it is disbursed to hinder slavery from encroaching, to preserve our natural rights from infraction, and the constitution of our country from violation. If we vote away the privilege of one class among us, those of another may quickly be demanded; and slavery will advance by degrees, till the last remains of freedom shall be lost.
But perhaps, sir, it will appear, upon reflection, that even this method needs not to be practised. It is well known, that it is not necessary for the whole crew of a ship to be expert sailors; there must be some novices, and many whose employment has more of labour than of art. We have now a numerous army, which burdens our country, without defending it, and from whom we may, therefore, draw supplies for the fleet, and distribute them amongst the ships in just proportions; they may immediately assist the seamen, and will become able, in a short time, to train up others.
It will, doubtless, sir, be objected to this proposal, that the continent is in confusion, and that we ought to continue such a force as may enable us to assist our allies, maintain our influence, and turn the scale of affairs in the neighbouring countries. I know not how we are indebted to our allies, or by what ties we are obliged to assist those who never assisted us; nor can I, upon mature consideration, think it necessary to be always gazing on the continent, watching the motions of every potentate, and anxiously attentive to every revolution. There is no end, sir, of obviating contingencies, of attempting to secure ourselves from every possibility of danger. I am, indeed, desirous that our friends, if any there be that deserve that name, should succeed in their designs, and be protected in their claims; but think it ought always to be remembered, that our own affairs affect us immediately, theirs only by consequence, and that the nearest danger is to be first regarded.
With respect to the amendment offered to this clause, I cannot see that it will produce any advantage, nor think any evidence sufficient to justify the breach of our constitution, or subject any man to the hardship of having his dwelling entered by force.
And, sir, I am not entirely satisfied of the impartiality and equity with which it is promised that this law will be put in execution, or what new influence is to cooperate with this law, by which corruption and oppression will be prevented.
It is well known, sir, that many other laws are made ineffectual by partiality or negligence, which remarkably appears by the immense quantities of corn that are daily carried into foreign countries, by illegal exportations, by which traffick I am informed that we obtain most of our foreign gold, which, in reality, is paid us for corn by the Dutch; though it is studiously represented to the nation as gained by our traffick with Portugal. Who can assure us that this law will not be perverted, after the example of others? and that there will not be wretches found that may employ it to the extortion of money, or the gratification of revenge?
Thus, sir, I have shown by what means our fleet may now be equipped, and how a supply of sailors may be perpetuated; for I cannot think how the boys which are educated in charity schools can be more properly employed. A proportion may be easily selected for the service, who will benefit the publick much more than by serving sharpers and attorneys, and pilfering either at low gaming houses, or in the inns of court.
Since, therefore, it is not pretended, sir, that this bill can be justified otherwise than by necessity, and it appears that supplies may be raised by other means; since, instead of increasing and encouraging seamen, nothing is proposed that does not manifestly tend, by depressing and harassing them, to diminish their numbers, I think it reasonable to declare that I shall continue to oppose it, and hope that every friend of liberty, or commerce, will concur in the opposition.
Sir Robert WALPOLE spoke next, to the following effect:—Sir, I have considered the bill before us with the utmost impartiality, and I can see no reason to apprehend that it will produce such universal discontent, and give occasion to so many abuses, as the honourable gentlemen by whom it is opposed, appear to suspect. It is not uncommon, sir, in judging of future events, and tracing effects from causes, for the most sagacious to be mistaken.
The safest method of conjecturing upon the future, is to consider the past, for it is always probable, that from like causes like consequences will arise. Let us, therefore, sir, examine what injustice or oppression has been hitherto produced by laws of the same kind.
The power of searching, however it is now become the subject of loud exclamation and pathetick harangues, is no new invasion of the rights of the people, but has been already granted in its utmost extent, for an end of no greater importance than the preservation of the game. This formidable authority has been already trusted to the magistrate, and the nation has been already subjected to this insupportable tyranny, only lest the hares and partridges should be destroyed, and gentlemen be obliged to disband their hounds and dismiss their setting dogs. Yet, sir, even with regard to this power, thus exorbitant, and thus lightly granted, I have heard no general complaints, nor believe that it is looked upon as a grievance by any, but those whom it restrains from living upon the game, and condemns to maintain themselves by a more honest and useful industry.
I hope, sir, those that think this law for the preservation of their amusement, rational and just, will have at least the same regard to the defence of their country, and will not think their venison deserves greater solicitude than their fortunes and their liberties.
Nor is it difficult, sir, to produce instances of the exercise of this power, for the end which is now proposed, without any consequences that should discourage us from repeating the experiment. I have now in my hand a letter, by which the mayor and aldermen of Bristol are empowered to seize all the sailors within the bounds of their jurisdiction, which order was executed without any outcries of oppression, or apprehensions of the approach of slavery.
That this law, sir, will be always executed with the strictest impartiality, and without the least regard to any private purposes, cannot, indeed, be demonstratively proved; every law may possibly be abused by a combination of profligates; but it must, I think, be granted, that it is drawn up with all the caution that reason, or justice, or the corruption of the present age requires. I know not what can be contrived better than an association of men, unlikely to concur in their views and interests—a justice of the peace, a lieutenant of a ship, and a commissioner of the navy—three men, probably unknown to each other, and of which no one will be at all solicitous to desire the rest to unite to commit a crime, to which no temptation can be readily imagined.
This caution, sir, which cannot but be approved, and which surely is some proof of judgment and consideration, ought, in my opinion, to have exempted the bill, and those by whose assistance it was drawn up, from the reproachful and indecent charge of absurdity, ignorance, and incapacity; terms which the dignity of this assembly does not admit, even when they are incontestably just, and which surely ought not to be made use of when the question is of a doubtful nature.
The gentlemen, sir, who are now intrusted with publick employments, have never yet discovered that they are inferiour to their predecessors in knowledge or integrity; nor do their characters suffer any diminution by a comparison with those who vilify and traduce them.
Those, sir, that treat others with such licentious contempt, ought surely to give some illustrious proof of their own abilities; and yet if we examine what has been produced on this question, we shall find no reason to admire their sagacity or their knowledge.
We have been told, sir, that the fleet might properly be manned by a detachment from the army; but it has not been proved that we have any superfluous forces in the kingdom, nor, indeed, will our army be found sufficiently numerous, if, by neglecting to equip our fleet, we give our enemies an opportunity of entering our country.
If it be inquired what necessity there is for our present forces? What expeditions are designed? Or what dangers are feared? I shall not think it my duty to return any answer. It is, sir, the great unhappiness of our constitution, that our determinations cannot be kept secret, and that our enemies may always form conjectures of our designs, by knowing our preparations; but surely more is not to be published than necessity extorts, and the government has a right to conceal what it would injure the nation to discover.
Nor can I, sir, approve the method of levying sailors by the incitement of an exorbitant reward, a reward to be augmented at the pleasure of those who are to receive it. For what can be the consequence of such prodigality, but that those to whom the largest sum is offered, will yet refuse their service in expectation of a greater. The reward already proposed is, in my opinion, the utmost stretch of liberality; and all beyond may be censured as profusion.
It is not to be imagined, sir, that all these objections were not made, and answered, in the reign of the late queen, when a bill of the same nature was proposed; they were answered, at least, by the necessity of those times, which necessity has now returned upon us.
We do not find that it produced any consequences so formidable and destructive, that they should for ever discourage us from attempting to raise forces by the same means; it was then readily enacted, and executed without opposition, and without complaints; nor do I believe that any measures can be proposed of equal efficacy, and less severity.
Mr. SANDYS replied, in substance as follows:—Sir, whether the precedents produced in defence of this bill, will have more weight than the arguments, must be shown by a careful examination, which will perhaps discover that the order sent to the magistrates of Bristol conveyed no new power, nor such as is, in any respect, parallel to that which this bill is intended to confer.
They were only enjoined to inquire with more than usual strictness, after strollers and vagabonds, such as the law has always subjected to punishment, and send them to the fleet, instead of any other place of correction; a method which may now be pursued without danger, opposition, or complaint.
But for my part, I am not able, upon the closest attention to the present scene of affairs, to find out the necessity of extraordinary methods of any kind. The fears of an invasion from France, are, in my opinion, sir, merely chimerical; from their fleet in America the coasts of Britain have nothing to fear, and after the numerous levies of seamen by which it was fitted out, it is not yet probable that they can speedily send out another. We know, sir, that the number of seamen depends upon the extent of commerce, and surely there is as yet no such disproportion between their trade and ours, as that they should be able to furnish out a naval armament with much greater expedition than ourselves.
In America our forces are at least equal to theirs, so that it is not very probable, that after the total destruction of our fleet by them, they should be so little injured, as to be able immediately to set sail for the channel, and insult us in our own ports; to effect this, sir, they must not only conquer us, but conquer us without resistance.
If they do not interrupt us in our attempts, nor expose themselves to an engagement, they may, indeed, return without suffering great damages, but I know not how they can leave the shores of America unobserved, or pour an unexpected invasion upon us. If they continue there, sir, they cannot hurt as, and when they return, we may prepare for their reception.
There are men, I know, sir, who have reason to think highly of the French policy, and whose ideas may be exalted to a belief that they can perform impossibilities; but I have not yet prevailed upon myself to conceive that they can act invisibly, or that they can equip a fleet by sorcery, collect an army in a moment, and defy us on our own coast, without any perceptible preparations.
Then admiral WAGER spoke thus:—The calamities produced by discord and contention, need not to be pointed out; but it may be proper to reflect upon the consequences of a house divided against itself, that we may endeavour to avoid them.
Unanimity is produced by nothing more powerfully than by impending danger, and, therefore, it may be useful to show those who seem at present in profound security, that the power of France is more formidable than they are willing to allow.
My age, sir, enables me to remember many transactions of the wars in the late reigns, to which many gentlemen are strangers, or of which they have only imperfect ideas from history and tradition.
In the second year of the reign of William, the French gained a victory over the united fleets of the maritime powers, which gave them, for the summer following, the dominion of the Channel, enabled them to shut up our merchants in their ports, and produced a total suspension of our commerce.
Those, sir, to whom the importance of trade is so well known, will easily apprehend the weight of this calamity, and will, I hope, reject no measures that have a manifest tendency to prevent it.
Our ships, sir, do not lie useless because there is any want of seamen in the nation, but because any service is preferred to that of the publick.
There are now, to my knowledge, in one town on the west coast, no fewer than twelve hundred sailors, of which surely a third part may be justly claimed by the publick interest; nor do I know why they who obstinately refuse to serve their country, should be treated with so much tenderness. It is more reasonable that they should suffer by their refusal, than that the general happiness should be endangered.
Mr. SOUTHWELL spoke next, to the following purpose:—Sir, when any authority shall be lodged in my hands, to be exercised for the publick benefit, I shall always endeavour to exert it with honesty and diligence; but will never be made the instrument of oppression, nor execute any commission of tyranny or injustice.
As, therefore, the power of searching is to be placed in the hands of justices of the peace, I think it necessary to declare, that I will never perform so hateful a part of the office, and that if this bill becomes a law, I will retire from the place to which my authority is limited, rather than contribute to the miseries of my fellow-subjects.
Mr. LITTLETON spoke as follows:—Sir, all the arguments which have been offered in support of this bill, are reduced at last to one constant assertion of the necessity of passing it.
We have been told, sir, with great acuteness, that a war cannot be carried on without men, and that ships are useless without sailors; and from thence it is inferred that the bill is necessary.
That forces are by some means necessary to be raised, the warmest opponents of the bill will not deny, but they cannot, therefore, allow the inference, that the methods now proposed are necessary.
They are of opinion, sir, that cruel and oppressive measures can never be justified, till all others have been tried without effect; they think that the law, when it was formerly passed, was unjust, and are convinced, by observing that it never was revived, and that it was by experience discovered to be useless.
Necessity, absolute necessity, is a formidable sound, and may terrify the weak and timorous into silence and compliance; but it will be found, upon reflection, to be often nothing but an idle feint, to amuse and to delude us, and that what is represented as necessary to the publick, is only something convenient to men in power.
Necessity, sir, has, heretofore, been produced as a plea for that which could be no otherwise defended. In the days of Charles the first, ship-money was declared to be legal, because it was necessary. Such was the reasoning of the lawyers, and the determination of the judges; but the senate, a senate of patriots! without fear, and without corruption, and influenced only by a sincere regard for the publick, were of a different opinion, and neither admitted the lawfulness nor necessity.
It will become us, on this occasion, to act with equal vigour, and convince our countrymen, that we proceed upon the same principles, and that the liberties of the people are our chief care.
I hope we shall unite in defeating any attempts that may impair the rights which every Briton boasts as his birthright, and reject a law which will be equally dreaded and detested with the inquisition of Spain.
Sir William YONGE spoke next, to this effect:—Sir, though many particular clauses of this bill have been disapproved and opposed, some with more, and some with less reason, yet the committee has hitherto agreed that a bill for this purpose is necessary in the present state of our affairs; upon this principle we have proceeded thus far, several gentlemen have proposed their opinions, contributed their observations, and laboured as in an affair universally admitted to be of high importance to the general prosperity.
But now, sir, when some of the difficulties are surmounted, some expedients luckily struck out, some objections removed, and the great design brought nearer to execution, we are on a sudden informed, that all our labour is superfluous, that we are amusing ourselves with useless consultations, providing against calamities that can never happen, and raising bulwarks without an enemy; that, therefore, the question before us is of no importance, and the bill ought, without farther examination, to be totally rejected.
I suppose, sir, I shall be readily believed, when I declare that I shall willingly admit any arguments that may evince our safety; but, in proportion as real freedom from danger is to be desired, a supine and indolent neglect of it is to be dreaded and avoided; and I cannot but fear that our enemies are more formidable, and more malicious, than the gentlemen that oppose this bill have represented them.
This bill can only be opposed upon the supposition that it gives a sanction to severities, more rigorous than our present circumstances require; for nothing can be more fallacious or invidious than a comparison of this law with the demand of ship-money, a demand contrary to all law, and enforced by the manifest exertion of arbitrary power.
How has the conduct of his present majesty any resemblance with that of Charles the first? Is any money levied by order of the council? Are the determinations of the judges set in opposition to the decrees of the senate? Is any man injured in his property by an unlimited extension of the prerogative? or any tribunal established superiour to the laws of the nation?
To draw parallels, sir, where there is no resemblance; and to accuse, by insinuations, where there is no shadow of a crime; to raise outcries when no injury is attempted; and to deny a real necessity because it was once pretended for a bad purpose; is surely not to advance the publick service, which can be promoted only by just reasonings, and calm reflections, not by sophistry and satire, by insinuations without ground, and by instances beside the purpose.
Mr. LITTLETON answered:—Sir, true zeal for the service of the publick is never discovered by collusive subterfuges and malicious representations; a mind, attentive to the common good, would hardly, on an occasion like this, have been at leisure to pervert an harmless illustration, and extract disaffection from a casual remark.
It is, indeed, not impossible, sir, that I might express myself obscurely; and it may be, therefore, necessary to declare that I intended no disrespectful reflection on the conduct of his majesty; but must observe, at the same time, that obscure or inaccurate expressions ought always to be interpreted in the most inoffensive meaning, and that to be too sagacious in discovering concealed insinuations, is no great proof of superiour integrity.
Wisdom, sir, is seldom captious, and honesty seldom suspicious; a man capable of comprehending the whole extent of a question, disdains to divert his attention by trifling observations; and he that is above the practice of little arts, or the motions of petty malice, does not easily imagine them incident to another.
That in the question of ship-money necessity was pretended, cannot be denied; and, therefore, all that I asserted, which was only that the nation had been once terrified without reason, by the formidable sound of necessity, is evident and uncontested.