When a fraud has once been practised, it is of use to remember it, that we may not twice be deceived by the same artifice; and, therefore, I mentioned the plea of necessity, that it may be inquired whether it is now more true than before.
That the senate, sir, and not the judges, is now applied to, is no proof of the validity of the arguments which have been produced; for in the days of ship-money, the consent of the senate had been asked, had there been any prospect of obtaining it; but the court had been convinced, by frequent experiments, of the inflexibility of the senate, and despaired of influencing them by prospects of advantage, or intimidating them by frowns or menaces.
May this and every future senate imitate their conduct, and, like them, distinguish between real and pretended necessity; and let not us be terrified, by idle clamours, into the establishment of a law at once useless and oppressive.
Sir William YONGE replied:—Sir, that I did not intend to misrepresent the meaning of the honourable gentleman, I hope it is not necessary to declare; and that I have, in reality, been guilty of any misrepresentation, I am not yet convinced. If he did not intend a parallel between ship-money and the present bill, to what purpose was his observation? and if he did intend it, was it not proper to show there was no resemblance, and that all which could be inferred from it was, therefore, fallacious and inconclusive?
Nor do I only differ, sir, in opinion with the honourable gentleman with relation to his comparison of measures, which have nothing in common with each other; but will venture to declare, that he is not more accurate in his citations from history. The king did not apply to the judges, because the senate would not have granted him the money that he demanded, but because his chief ambition was to govern the nation by the prerogative alone, and to free himself and his descendants from senatorial inquiries.
That this account, sir, is just, I am confident the histories of those times will discover; and, therefore, any invidious comparison between that senate and any other, is without foundation in reason or in truth.
Mr. BATHURST spoke as follows:—Sir, that this law will easily admit, in the execution of it, such abuses as will overbalance the benefits, may readily be proved; and it will not be consistent with that regard to the publick, expected from us by those whom we represent, to enact a law which may probably become an instrument of oppression.
The servant by whom I am now attended, may be termed, according to the determination of the vindicators of this bill, a seafaring man, having been once in the West Indies; and he may, therefore, be forced from my service, and dragged into a ship, by the authority of a justice of the peace, perhaps of some abandoned prostitute, dignified with a commission only to influence elections, and awe those whom excises and riot-acts cannot subdue.
I think it, sir, not improper to declare, that I would by force oppose the execution of a law like this; that I would bar my doors and defend them; that I would call my neighbours to my assistance; and treat those who should attempt to enter without my consent, as thieves, ruffians, and murderers.
Lord GAGE spoke to this effect:—Sir, it is well known that by the laws of this nation, poverty is, in some degree, considered as a crime, and that the debtor has only this advantage over the felon, that he cannot be pursued into his dwelling, nor be forced from the shelter of his own house.
I think it is universally agreed, that the condition of a man in debt is already sufficiently miserable, and that it would be more worthy of the legislative power to contrive alleviations of his hardships, than additions to them; and it seems, therefore, no inconsiderable objection to this bill, that, by conferring the power of entering houses by force, it may give the harpies of the law an opportunity of entering, in the tumult of an impress, and of dragging a debtor to a noisome prison, under pretence of forcing sailors into the service of the crown.
Mr. TRACEY then said:—Sir, that some law for the ends proposed by the bill before us, is necessary, I do not see how we can doubt, after the declarations of the admirals, who are fully acquainted with the service for which provision is to be made; and of the ministry, whose knowledge of the present state of our own strength, and the designs of our enemies, is, doubtless, more exact than they can acquire who are not engaged in publick employments.
If, therefore, the measures now proposed are necessary, though they may not be agreeable to the present dispositions of the people, for whose preservation they are intended, I shall think it my duty to concur in them, that the publick service may not be retarded, nor the safety of a whole nation hazarded, by a scrupulous attention to minute objections.
Mr. CAMPBELL spoke as follows:—Sir, I have often, amidst my elogies on British liberty, and my declarations of the excellence of our constitution, the impartiality of our government, and the efficacy of our laws, been reproached by foreigners with the practice of impresses, as a hardship which would raise a rebellion in absolute monarchies, and kindle those nations into madness, that have, for many ages, known no other law than the will of their princes. A hardship which includes imprisonment and slavery, and to which, therefore, no aggravations ought to be added.
But if justice and reason, sir, are to be overborne by necessity; if necessity is to stop our ears against the complaints of the oppressed, and harden our hearts at the sight of their misery, let it, at least, not destroy our memories, nor deprive us of the advantages of experience.
Let us inquire, sir, what were the effects of this hateful authority when it was formerly consigned to the magistrates. Were our fleets manned in an instant? were our harbours immediately crowded with sailors? did we surprise our enemies by our expedition, and make conquests before an invasion could be suspected? I have heard, sir, of no such consequences, nor of any advantages which deserved to be purchased by tyranny and oppression. We have found that very few were procured by the magistrates, and the charge of seizing and conveying was very considerable; and, therefore, cannot but conclude that illegal measures, which have been once tried without success, should, for a double reason, never be revived.
Sir John BARNARD spoke to this effect:—Sir, it is not without regret that I rise so often on this occasion: for to dispute with those whose determinations are not influenced by reason, is a ridiculous task, a tiresome labour, without prospect of reward.
But, as an honourable gentleman has lately remarked, that by denying the necessity of the bill, instead of making objections to particular clauses, the whole design of finding expedients to supply the sea service is at once defeated; I think it necessary to remind him, that I have made many objections to this bill, and supported them by reasons which have not yet been answered. But I shall now no longer confine my remarks to single errours, but observe that there is one general defect, by which the whole bill is made absurd and useless.
For the foundation of a law like this, sir, the description of a seaman ought to be accurately laid down, it ought to be declared what acts shall subject him to that denomination, and by what means, after having once enlisted himself in this unhappy class of men, he may withdraw into a more secure and happy state of life.
Is a man, who has once only lost sight of the shore, to be for ever hunted as a seaman? Is a man, who, by traffick, has enriched a family, to be forced from his possessions by the authority of an impress? Is a man, who has purchased an estate, and built a seat, to solicit the admiralty for a protection from the neighbouring constable? Such questions as these, sir, may be asked, which the bill before us will enable no man to answer.
If a bill for this purpose be truly necessary, let it, at least, be freed from such offensive absurdities; let it be drawn up in a form as different as is possible from that of the bill before us; and, at last, I am far from imagining that a law will be contrived not injurious to individuals, nor detrimental to the publick; not contrary to the first principles of our establishment, and not loaded with folly and absurdities.
Mr. VYNER then spoke:—Sir, a definition of a seaman is so necessary in a bill for this purpose, that the omission of it will defeat all the methods that can be suggested. How shall a law be executed, or a penalty inflicted, when the magistrate has no certain marks whereby he may distinguish a criminal? and when even the man that is prosecuted may not be conscious of guilt, or know that the law extended to him, which he is charged with having offended.
If, in defining a seaman on the present occasion, it be thought proper to have any regard to the example of our predecessors, whose wisdom has, in this debate, been so much magnified; it may be observed, that a seaman has been formerly defined, a man who haunts the seas; a definition which seems to imply habit and continuance, and not to comprehend a man who has, perhaps, never gone more than a single voyage.
But though this definition, sir, should be added to the amendments already proposed, and the bill thereby be brought somewhat nearer to the constitutional principles of our government; I cannot yet think it so much rectified, as that the hardships will not outweigh the benefits, and, therefore, shall continue to oppose the bill, though to some particular clauses I have no objection.
[The termseafaring manwas left out, and the several amendments were admitted in the committee, but the clauses themselves, to the number of eleven, were given up on the report.]
HOUSE OF COMMONS, MARCH 10, 1740-1.
HOUSE OF COMMONS, MARCH 10, 1740-1.
The commons resolved their house into a committee, to consider the bill for the encouragement of sailors, when admiral WAGER offered a clause, by which it was to be enacted, "That no merchants, or bodies corporate or politick, shall hire sailors at higher wages than thirty-five shillings for the month, on pain of forfeiting the treble value of the sum so agreed for;" which law was to commence after fifteen days, and continue for a time to be agreed on by the house: and then spoke to the following purpose:—
Sir, the necessity of this clause must be so apparent to every gentleman acquainted with naval and commercial affairs, that as no opposition can be apprehended, very few arguments will be requisite to introduce it.
How much the publick calamities of war are improved by the sailors to their own private advantage; how generally they shun the publick service, in hopes of receiving exorbitant wages from the merchants; and how much they extort from the merchants, by threatening to leave their service for that of the crown, is universally known to every officer of the navy, and every commander of a trading vessel.
A law, therefore, sir, to restrain them in time of war from such exorbitant demands; to deprive them of those prospects which have often no other effect than to lull them in idleness, while they skulk about in expectation of higher wages; and to hinder them from deceiving themselves, embarrassing the merchants, and neglecting the general interest of their country, is undoubtedly just. It is just, sir, because in regard to the publick it is necessary to prevent the greatest calamity that can fall upon a people, to preserve us from receiving laws from the most implacable of our enemies; and it is just, because with respect to particular men it has no tendency but to suppress idleness, fraud, and extortion.
Mr. Henby FOX spoke next:—Sir, I have no objection to any part of this clause, except the day proposed for the commencement: to make a law against any pernicious practice, to which there are strong temptations, and to give those whose interest may incite them to it, time to effect their schemes, before the law shall begin to operate, seems not very consistent with wisdom or vigilance.
It is not denied, sir, that the merchants are betrayed by that regard to private interest which prevails too frequently over nobler views, to bribe away from the service of the crown, by large rewards, those sailors whose assistance is now so necessary to the publick; and, therefore, it is not to be imagined that they will not employ their utmost diligence to improve the interval which the bill allows in making contracts for the ensuing, year, and that the sailors will not eagerly engage themselves before this law shall preclude their prospects of advantage.
As, therefore, to make no law, and to make a law that will not be observed, is in consequence the same; and the time allowed by the clause, as it now stands, may make the whole provision ineffectual; it is my opinion, that either it ought to begin to operate to-morrow, or that we ought to leave the whole affair in its present state.
Then sir Robert WALPOLE spoke as follows:—Sir, nothing has a greater appearance of injustice, than to punish men by virtue of laws, with which they were not acquainted; the law, therefore, is always supposed to be known by those who have offended it, because it is the duty of every man to know it; and certainly it ought to be the care of the legislature, that those whom a law will affect, may have a possibility of knowing it, and that those may not be punished for failing in their duty, whom nothing but inevitable ignorance has betrayed into offence.
But if the operation of this law should commence to-morrow, what numbers may break it, and suffer by the breach of it involuntarily, and without design; and how shall we vindicate ourselves from having been accessory to the crime which we censure and punish?
Mr. FOX replied:—Sir, I shall not urge in defence of my motion what is generally known, and has been frequently inculcated in all debates upon this bill, that private considerations ought always to give way to the necessities of the publick; for I think it sufficient to observe, that there is a distinction to be made between punishments and restraints, and that we never can be too early in the prevention of pernicious practices, though we may sometimes delay to punish them.
The law will be known to-morrow, to far the greatest number of those who may be tempted to defeat it; and if there be others that break it ignorantly, how will they find themselves injured by being only obliged to pay less than they promised, which is all that I should propose without longer warning. The debate upon this particular, will be at length reduced to a question, whether a law for this purpose is just and expedient? If a law be necessary, it is necessary that it should be executed; and it can be executed only by commencing to-morrow.
Lord BALTIMORE spoke thus:—Sir, it appears to me of no great importance how soon the operation of the law commences, or how long it is delayed, because I see no reason for imagining that it will at any time produce the effects proposed by it.
It has been the amusement, sir, of a great part of my life, to converse with men whose inclinations or employments have made them well acquainted with maritime affairs, and amidst innumerable other schemes for the promotion of trade, have heard some for the regulation of wages in trading ships; schemes, at the first appearance plausible and likely to succeed, but, upon a nearer inquiry, evidently entangled with insuperable difficulties, and never to be executed without danger of injuring the commerce of the nation.
The clause, sir, now before us contains, in my opinion, one of those visionary provisions, which, however infallible they may appear, will be easily defeated, and will have no other effect than to promote cunning and fraud, and to teach men those acts of collusion, with which they would otherwise never have been acquainted.
Mr. LODWICK spoke to this effect:—Sir, I agree with the honourable gentleman by whom this clause has been offered, that the end for which it is proposed, is worthy of the closest attention of the legislative power, and that the evils of which the prevention is now endeavoured, may in some measure not only obstruct our traffick, but endanger our country; and shall therefore very readily concur in any measures for this purpose, that shall not appear either unjust or ineffectual.
Whether this clause will be sufficient to restrain all elusive contracts, and whether all the little artifices of interest are sufficiently obviated, I am yet unable to determine; but by a reflection upon the multiplicity of relations to be considered, and the variety of circumstances to be adjusted in a provision of this kind, I am inclined to think that, it is not the business of a transient inquiry, or of a single clause, but that it will demand a separate law, and engage the deliberation and regard of this whole assembly.
Sir John BARNARD said:—Sir, notwithstanding the impatience and resentment with which some men see their mistakes and ignorance detected; notwithstanding the reverence which negligence and haste are said to be entitled to from this assembly, I shall declare once more, without the apprehension of being confuted, that this bill was drawn up without consideration, and is defended without being understood; that after all the amendments which have been admitted, and all the additions proposed, it will be oppressive and ineffectual, a chaos of absurdities, and a monument of ignorance.
Sir Robert WALPOLE replied:—Sir, the present business of this assembly is to examine the clause before us; but to deviate from so necessary an inquiry into loud exclamations against the whole bill, is to obstruct the course of the debate, to perplex our attention, and interrupt the senate in its deliberation upon questions, in the determination of which the security of the publick is nearly concerned.
The war, sir, in which we are now engaged, and, I may add, engaged by the general request of the whole nation, can be prosecuted only by the assistance of the seamen, from whom it is not to be expected that they will sacrifice their immediate advantage to the security of their country. Publick spirit, where it is to be found, is the result of reflection, refined by study and exalted by education, and is not to be hoped for among those whom low fortune has condemned to perpetual drudgery. It must be, therefore, necessary to supply the defects of education, and to produce, by salutary coercions, those effects which it is vain to expect from other causes.
That the service of the sailors will be set up to sale by auction, and that the merchants will bid against the government, is incontestable; nor is there any doubt that they will be able to offer the highest price, because they will take care to repay themselves by raising the value of their goods. Thus, without some restraint upon the merchants, our enemies, who are not debarred by their form of government from any method which policy can invent, or absolute power put in execution, will preclude all our designs, and set at defiance a nation superiour to themselves.
Sir John BARNARD then said:—Sir, I think myself obliged by my duty to my country, and by my gratitude to those by whose industry we are enriched, and by whose courage we are defended, to make, once more, a declaration, not against particular clauses, not against single circumstances, but against the whole bill; a bill unjust and oppressive, absurd and ridiculous; a bill to harass the industrious and distress the honest, to puzzle the wise and add power to the cruel; a bill which cannot be read without astonishment, nor passed without the violation of our constitution, and an equal disregard of policy and humanity.
All these assertions will need to be proved only by a bare perusal of this hateful bill, by which the meanest, the most worthless reptile, exalted to a petty office by serving a wretch only superiour to him in fortune, is enabled to flush his authority by tyrannising over those who every hour deserve the publick acknowledgments of the community; to intrude upon the retreats of brave men, fatigued and exhausted by honest industry, to drag them out with all the wantonness of grovelling authority, and chain them to the oar without a moment's respite, or perhaps oblige them to purchase, with the gains of a dangerous voyage, or the plunder of an enemy lately conquered, a short interval to settle their affairs, or bid their children farewell.
Let any gentleman in this house, let those, sir, who now sit at ease, projecting laws of oppression, and conferring upon their own slaves such licentious authority, pause a few moments, and imagine themselves exposed to the same hardships by a power superiour to their own; let them conceive themselves torn from the tenderness and caresses of their families by midnight irruptions, dragged in triumph through the streets by a despicable officer, and placed under the command of those by whom they have, perhaps, been already oppressed and insulted. Why should we imagine that the race of men for whom those cruelties are preparing, have less sensibility than ourselves? Why should we believe that they will suffer without complaint, and be injured without resentment? Why should we conceive that they will not at once deliver themselves, and punish their oppressors, by deserting that country where they are considered as felons, and laying hold on those rewards and privileges which no other government will deny them?
This is, indeed, the only tendency, whatever may have been the intention of the bill before us; for I know not whether the most refined sagacity can discover any other method of discouraging navigation than those which are drawn together in the bill before us. We first give our constables an authority to hunt the sailors like thieves, and drive them, by incessant pursuit, out of the nation; but lest any man should by friendship, good fortune, or the power of money, find means of staying behind, we have with equal wisdom condemned him to poverty and misery; and lest the natural courage of his profession should incite him to assist his country in the war, have contrived a method of precluding him from any advantage that he might have the weakness to hope from his fortitude and diligence. What more can be done, unless we at once prohibit to seamen the use of the common elements, or doom them to a general proscription.
It is just that advantage, sir, should be proportioned to the hazard by which it is to be obtained, and, therefore, a sailor has an honest claim to an advance of wages in time of war; it is necessary to excite expectation, and to fire ambition by the prospect of great acquisitions, and by this prospect it is that such numbers are daily allured to naval business, and that our privateers are filled with adventurers. The large wages which war makes necessary, are more powerful incentives to those whom impatience of poverty determines to change their state of life, than the secure gains of peaceful commerce; for the danger is overlooked by a mind intent upon the profit.
War is the harvest of a sailor, in which he is to store provisions for the winter of old age, and if we blast this hope, he will inevitably sink into indolence and cowardice.
Many of the sailors are bred up to trades, or capable of any laborious employment upon land; nor is there any reason for which they expose themselves to the dangers of a seafaring life, but the hope of sudden wealth, and some lucky season in which they may improve their fortunes by a single effort. Is it reasonable to believe that all these will not rather have recourse to their former callings, and live in security, though not in plenty, than encounter danger and poverty at once, and face an enemy without any prospect of recompense?
Let any man recollect the ideas that arose in his mind upon hearing of a bill for encouraging and increasing sailors, and examine whether he had any expectation of expedients like these. I suppose it was never known before, that men were to be encouraged by subjecting them to peculiar penalties, or that to take away the gains of a profession, was a method of recommending it more generally to the people.
But it is not of very great importance to dwell longer upon the impropriety of this clause, which there is no possibility of putting in execution. That the merchants will try every method of eluding a law so prejudicial to their interest, may be easily imagined, and a mind not very fruitful of evasions, will discover that this law may be eluded by a thousand artifices. If the merchants are restrained from allowing men their wages beyond a certain sum, they will make contracts for the voyage, of which the time may very easily be computed, they may offer a reward for expedition and fidelity, they may pay a large sum by way of advance, they may allow the sailors part of the profits, or may offer money by a third hand. To fix the price of any commodity, of which the quantity and the use may vary their proportions, is the most excessive degree of ignorance. No man can determine the price of corn, unless he can regulate the harvest, and keep the number of the people for ever at a stand.
But let us suppose these methods as efficacious as their most sanguine vindicators are desirous of representing them, it does not yet appear that they are necessary, and to inflict hardships without necessity, is by no means the practice of either wisdom or benevolence. To tyrannise and compel is the low pleasure of petty capacities, of narrow minds, swelled with the pride of uncontroulable authority, the wantonness of wretches who are insensible of the consequences of their own actions, and of whom candour may, perhaps, determine, that they are only cruel because they are stupid. Let us not exalt into a precedent the most unjust and rigorous law of our predecessors, of which they themselves declared their repentance, or confessed the inefficacy, by never reviving it; let us rather endeavour to gain the sailors by lenity and moderation, and reconcile them to the service of the crown by real encouragements; for it is rational to imagine, that in proportion as men are disgusted by injuries, they will be won by kindness.
There is one expedient, sir, which deserves to be tried, and from which, at least, more success may be hoped than from cruelty, hunger, and persecution. The ships that are now to be fitted out for service, are those of the first magnitude, which it is usual to bring back into the ports in winter. Let us, therefore, promise to all seamen that shall voluntarily engage in them, besides the reward already proposed, a discharge from the service at the end of six or seven months. By this they will be released from their present dread of perpetual slavery, and be certain, as they are when in the service of the merchants, of a respite from their fatigues. The trade of the nation will be only interrupted for a time, and may be carried on in the winter months, and large sums will be saved by dismissing the seamen when they cannot be employed.
By adding this to the other methods of encouragement, and throwing aside all rigorous and oppressive schemes, the navy may easily be manned, our country protected, our commerce reestablished, and our enemies subdued; but to pass the bill as it now stands, is to determine that trade shall cease, and that no ship shall sail out of the river.
Mr. PITT spoke to the following purport:—Sir, it is common for those to have the greatest regard to their own interest who discover the least for that of others. I do not, therefore, despair of recalling the advocates of this bill from the prosecution of their favourite measures, by arguments of greater efficacy than those which are founded on reason and justice.
Nothing, sir, is more evident, than that some degree of reputation is absolutely necessary to men who have any concern in the administration of a government like ours; they must either secure the fidelity of their adherents by the assistance of wisdom, or of virtue; their enemies must either be awed by their honesty, or terrified by their cunning. Mere artless bribery will never gain a sufficient majority to set them entirely free from apprehensions of censure. To different tempers different motives must be applied: some, who place their felicity in being accounted wise, are in very little care to preserve the character of honesty; others may be persuaded to join in measures which they easily discover to be weak and ill-concerted, because they are convinced that the authors of them are not corrupt but mistaken, and are unwilling that any man should be punished for natural defects or casual ignorance.
I cannot say, sir, which of these motives influences the advocates for the bill before us; a bill in which such cruelties are proposed as are yet unknown among the most savage nations, such as slavery has not yet borne, or tyranny invented, such as cannot be heard without resentment, nor thought of without horrour.
It is, sir, perhaps, not unfortunate, that one more expedient has been added, rather ridiculous than shocking, and that these tyrants of the administration, who amuse themselves with oppressing their fellow-subjects, who add without reluctance one hardship to another, invade the liberty of those whom they have already overborne with taxes, first plunder and then imprison, who take all opportunities of heightening the publick distresses, and make the miseries of war the instruments of new oppressions, are too ignorant to be formidable, and owe their power not to their abilities, but to casual prosperity, or to the influence of money.
The other clauses of this bill, complicated at once with cruelty and folly, have been treated with becoming indignation; but this may be considered with less ardour of resentment, and fewer emotions of zeal, because, though, perhaps, equally iniquitous, it will do no harm; for a law that can never be executed can never be felt.
That it will consume the manufacture of paper, and swell the books of statutes, is all the good or hurt that can be hoped or feared from a law like this; a law which fixes what is in its own nature mutable, which prescribes rules to the seasons and limits to the wind. I am too well acquainted, sir, with the disposition of its two chief supporters, to mention the contempt with which this law will be treated by posterity, for they have already shown abundantly their disregard of succeeding generations; but I will remind them, that they are now venturing their whole interest at once, and hope they will recollect, before it is too late, that those who believe them to intend the happiness of their country, will never be confirmed in their opinion by open cruelty and notorious oppression; and that those who have only their own interest in view, will be afraid of adhering to those leaders, however old and practised in expedients, however strengthened by corruption, or elated with power, who have no reason to hope for success from either their virtue or abilities.
Mr. BATHURST next spoke to this effect:—Sir, the clause now under our consideration is so inconsiderately drawn up, that it is impossible to read it in the most cursory manner, without discovering the necessity of numerous amendments; no malicious subtilties or artful deductions are required in raising objections to this part of the bill, they crowd upon us without being sought, and, instead of exercising our sagacity, weary our attention.
The first errour, or rather one part of a general and complicated errour, is the computation of time, not by days, but by calendar months, which, as they are not equal one to another, may embarrass the account between the sailors and those that employ them. In all contracts of a short duration, the time is to be reckoned by weeks and days, by certain and regular periods, which has been so constantly the practice of the seafaring men, that, perhaps, many of them do not know the meaning of a calendar month: this, indeed, is a neglect of no great importance, because no man can be deprived by it of more than the wages due for the labour of a few days; but the other part of this clause is more seriously to be considered, as it threatens the sailors with greater injuries: for it is to be enacted, that all contracts made for more wages than are here allowed shall be totally void.
It cannot be denied to be possible, and in my opinion it is very likely, that many contracts will be made without the knowledge of this law, and consequently without any design of violating it; but ignorance, inevitable ignorance, though it is a valid excuse for every other man, is no plea for the unhappy sailor; he must suffer, though innocent, the penalty of a crime; must undergo danger, hardships, and labour, without a recompense, and at the end of a successful voyage, after having enriched his country by his industry, return home to a necessitous family, without being able to relieve them.
It is scarcely necessary, sir, to raise any more objections to a clause in which nothing is right; but, to show how its imperfections multiply upon the slightest consideration, I take the opportunity to observe, that there is no provision made for regulating the voyages performed in less time than a month, so that the greatest part of the abuses, which have been represented as the occasion of this clause, are yet without remedy, and only those sailors who venture far, and are exposed to the greatest dangers, are restrained from receiving an adequate reward.
Thus much, sir, I have said upon the supposition that a regulation of the sailors' wages is either necessary or just; a supposition of which I am very far from discovering the truth. That it is just to oppress the most useful of our fellow-subjects, to load those men with peculiar hardships to whom we owe the plenty that we enjoy, the power that yet remains in the nation, and which neither the folly nor the cowardice of ministers have yet been able to destroy, and the security in which we now sit and hold our consultations; that it is just to lessen our payments at a time when we increase the labour of those who are hired, and to expose men to danger without recompense, will not easily be proved, even by those who are most accustomed to paradoxes, and are ready to undertake the proof of any position which it is their interest to find true.
Nor is it much more easy to show the necessity of this expedient in our present state, in which it appears from the title of the bill, that our chief endeavour should be the increase and encouragement of sailors, and, I suppose, it has not often been discovered, that by taking away the profits of a profession greater numbers have been allured to it.
The high wages, sir, paid by merchants are the chief incitements that prevail upon the ambitious, the necessitous, or the avaricious, to forsake the ease and security of the land, to leave easy trades, and healthful employments, and expose themselves to an element where they are not certain of an hour's safety. The service of the merchants is the nursery in which seamen are trained up for his majesty's navies, and from thence we must, in time of danger, expect those forces by which alone we can be protected.
If, therefore, it is necessary to encourage sailors, it is necessary to reject all measures that may terrify or disgust them; and as their numbers must depend upon our trade, let us not embarrass the merchants with any other difficulties than those which are inseparable from war, and which very little care has been hitherto taken to alleviate.
Mr. HAY replied:—Sir, the objections which have been urged with so much ardour, and displayed with such power of eloquence, are not, in my opinion, formidable enough to discourage us from prosecuting our measures; some of them may be, perhaps, readily answered, and the rest easily removed.
The computation of time, as it now stands, is allowed not to produce any formidable evil, and therefore did not require so rhetorical a censure: the inconveniency of calendar months may easily be removed by a little candour in the contracting parties, or, that the objection may not be repeated to the interruption of the debate, weeks or days may be substituted, and the usual reckoning of the sailors be still continued.
That some contracts may be annulled, and inconveniencies or delays of payment arise, is too evident to be questioned; but in that case the sailor may have his remedy provided, and be enabled to obtain, by an easy process, what he shall be judged tohave deserved; for it must be allowed reasonable, that every man who labours in honest and useful employments, should receive the reward of his diligence and fidelity.
Thus, sir, may the clause, however loudly censured and violently opposed, be made useful and equitable, and the publick service advanced without injury to individuals.
Sir Robert WALPOLE next rose, and spoke as follows:—Sir, every law which extends its influence to great numbers in various relations and circumstances, must produce some consequences that were never foreseen or intended, and is to be censured or applauded as the general advantages or inconveniencies are found to preponderate. Of this kind is the law before us, a law enforced by the necessity of our affairs, and drawn up with no other intention than to secure the publick happiness, and produce that success which every man's interest must prompt him to desire.
If in the execution of this law, sir, some inconveniencies should arise, they are to be remedied as fast as they are discovered, or if not capable of a remedy, to be patiently borne, in consideration of the general advantage.
That some temporary disturbances may be produced is not improbable; the discontent of the sailors may, for a short time, rise high, and our trade be suspended by their obstinacy; but obstinacy, however determined, must yield to hunger, and when no higher wages can be obtained, they will cheerfully accept of those which are here allowed them. Short voyages, indeed, are not comprehended in the clause, and therefore the sailors will engage in them upon their own terms, but this objection can be of no weight with those that oppose the clause, because, if it is unjust to limit the wages of the sailors, it is just to leave those voyages without restriction; and those that think the expedient here proposed equitable and rational, may, perhaps, be willing to make some concessions to those who are of a different opinion.
That the bill will not remove every obstacle to success, nor add weight to one part of the balance without making the other lighter; that it will not supply the navy without incommoding the merchants in some degree; that it may be sometimes evaded by cunning, and sometimes abused by malice; and that at last it will be less efficacious than is desired, may, perhaps, be proved; but it has not yet been proved that any other measures are more eligible, or that we are not to promote the publick service as far as we are able, though our endeavours may not produce effects equal to our wishes.
Sir John BARNARD then spoke, to this effect:—Sir, I know not by what fatality it is that nothing can be urged in defence of the clause before us which does not tend to discover its weakness and inefficacy. The warmest patrons of this expedient are impelled, by the mere force of conviction, to such concessions as invalidate all their arguments, and leave their opponents no necessity of replying.
If short voyages are not comprehended in this provision, what are we now controverting? What but the expedience of a law that will never be executed? The sailors, however they are contemned by those who think them only worthy to be treated like beasts of burden, are not yet so stupid but that they can easily find out, that to serve a fortnight for greater wages is more eligible than to toil a month for less; and as the numerous equipments that have been lately made have not left many more sailors in the service of the merchants than may be employed in the coasting trade, those who traffick to remoter parts, must shut up their books and wait till the expiration of this act, for an opportunity of renewing their commerce.
To regulate the wages for one voyage, and to leave another without limitation, in time of scarcity of seamen, is absolutely to prohibit that trade which is so restrained, and is, doubtless, a more effectual embargo than has been yet invented.
Let any man but suppose that the East India company were obliged to give only half the wages that other traders allow, and consider how that part of our commerce could be carried on; would not their goods rot in their warehouses, and their ships lie for ever in the harbour? Would not the sailors refuse to contract with them? or desert them after a contract, upon the first prospect of more advantageous employment?
But it is not requisite to multiply arguments in a question which may not only be decided without long examination, but in which we may determine our conclusions by the experience of our ancestors. Scarcely any right or wrong measures are without a precedent, and, amongst others, this expedient has been tried by the wisdom of former times; a law was once made for limiting the wages of tailors, and that it is totally ineffectual we are all convinced. Experience is a very safe guide in political inquiries, and often discovers what the most enlightened reason failed to foresee.
Let us, therefore, improve the errours of our ancestors to our own advantage, and whilst we neglect to imitate their virtues, let us, at least, forbear to repeat their follies.
Mr. PERRY spoke to this purpose:—Sir, there is one objection more which my acquaintance with foreign trade impresses too strongly upon my mind to suffer me to conceal it.
It is well known that the condition of a seaman subjects him to the necessity of spending a great part of his life at a distance from his native country, in places where he can neither hear of our designs, nor be instructed in our laws, and, therefore, it is evident that no law ought to affect him before a certain period of time, in which he may reasonably be supposed to have been informed of it. For every man ought to have it in his power to avoid punishment, and to suffer only for negligence or obstinacy.
It is quite unnecessary, sir, to observe to this assembly, that there are now, as at all times, great numbers of sailors in every part of the world, and that they, at least, equally deserve our regard with those who are under the more immediate influence of the government.
These seamen have already contracted for the price of their labour, and the recompense of their hazards, nor can we, in my opinion, without manifest injustice, dissolve a contract founded upon equity, and confirmed by law.
It is, sir, an undisputed principle of government, that no person should be punished without a crime; but is it no punishment to deprive a man of what is due to him by a legal stipulation, the condition of which is, on his part, honestly fulfilled?
Nothing, sir, can be imagined more calamitous than the disappointment to which this law subjects the unhappy men who are now promoting the interest of their country in distant places, amidst dangers and hardships, in unhealthy climates, and barbarous nations, where they comfort themselves, under the fatigues of labour and the miseries of sickness, with the prospect of the sum which they shall gain for the relief of their families, and the respite which their wages will enable them to enjoy; but, upon their return, they find their hopes blasted, and their contracts dissolved by a law made in their absence.
No human being, I think, can coolly and deliberately inflict a hardship like this, and, therefore, I doubt not but those who have, by inadvertency, given room for this objection, will either remove it by an amendment, or what is, in my opinion, more eligible, reject the clause as inexpedient, useless, and unjust.
Sir William YONGE spoke next to this effect:—Sir, this debate has been protracted, not by any difficulties arising from the nature of the questions which have been the subject of it, but by a neglect with which almost all the opponents of the bill may be justly charged, the neglect of distinguishing between measures eligible in themselves, and measures preferable to consequences which are apprehended from particular conjunctures; between laws made only to advance the publick happiness, and expedients of which the benefit is merely occasional, and of which the sole intention is to avert some national calamity, and which are to cease with the necessity that produced them.
Such are the measures, sir, which are now intended; measures, which, in days of ease, security, and prosperity, it would be the highest degree of weakness to propose, but of which I cannot see the absurdity in times of danger and distress. Such laws are the medicines of a state, useless and nauseous in health, but preferable to a lingering disease, or to a miserable death.
Even those measures, sir, which have been mentioned as most grossly absurd, and represented as parallel to the provision made in this clause only to expose it to contempt and ridicule, may, in particular circumstances, be rational and just. To settle the price of corn in the time of a famine, may become the wisest state, and multitudes might, in time of publick misery, by the benefit of temporary laws, be preserved from destruction. Even those masts, to which, with a prosperous gale, the ship owes its usefulness and its speed, are often cut down by the sailors in the fury of a storm.
With regard to the ships which are now in distant places, whither no knowledge of this law can possibly be conveyed, it cannot be denied that their crews ought to be secured from injury by some particular exception; for though it is evident in competitions between publick and private interest, which ought to be preferred, yet we ought to remember that no unnecessary injury is to be done to individuals, even while we are providing for the safety of the nation.
Mr. FAZAKERLY spoke to this effect:—Sir, though I cannot be supposed to have much acquaintance with naval affairs, and, therefore, may not, perhaps, discover the full force of the arguments that have been urged in favour of the clause now under consideration, yet I cannot but think myself under an indispensable obligation to examine it as far as I am able, and to make use of the knowledge which I have acquired, however inferiour to that of others.
The argument, sir, the only real argument, which has been produced in favour of the restraint of wages now proposed, appears to me by no means conclusive; nor can I believe that the meanest and most ignorant seaman would, if it were proposed to him, hesitate a moment for an answer to it. Let me suppose, sir, a merchant urging it as a charge against a seaman, that he raises his demand of wages in time of war, would not the sailor readily reply, that harder labour required larger pay? Would he not ask, why the general practice of mankind is charged as a crime upon him only? Inquire, says he, of the workmen in the docks, have they not double wages for double labour? and is not their lot safe and easy in comparison with mine, who at once encounter danger and support fatigue, carry on war and commerce at the same time, conduct the ship and oppose the enemy, and am equally exposed to captivity and shipwreck?
That this is, in reality, the state of a sailor in time of war, I think, sir, too evident to require proof; nor do I see what reply can be made to the sailor's artless expostulation.
I know not why the sailors alone should serve their country to their disadvantage, and be expected to encounter danger without the incitement of a reward.
Nor will any part of the hardships of this clause be alleviated by the expedient suggested by an honourable member, who spoke, some time ago, of granting, or allowing, to a sailor, whose contract shall be void, what our courts of law should adjudge him to deserve, aquantum meruit: for, according to the general interpretation of our statutes, it will be determined that he has forfeited his whole claim by illegal contract. To instance, sir, the statute of usury. He that stipulates for higher interest than is allowed, is not able to recover his legal demand, but irrecoverably forfeits the whole.
Thus, sir, an unhappy sailor who shall innocently transgress this law, must lose all the profit of his voyage, and have nothing to relieve him after his fatigues; but when he has by his courage repelled the enemy, and, by his skill, escaped storms and rocks, must suffer yet severer hardships, in being subject to a forfeiture where he expected applause, comfort, and recompense.
The ATTORNEY GENERAL spoke next, to this purport:—Sir, the clause before us cannot, in my opinion, produce any such dreadful consequences as the learned gentleman appears to imagine: however, to remove all difficulties, I have drawn up an amendment, which I shall beg leave to propose, that the contracts which may be affected as the clause now stands,shall be void only as to so much of the wages as shall exceed the sum to which the house shall agree to reduce the seamen's pay;and, as to the forfeitures, they are not to be levied upon the sailors, but upon the merchants, or trading companies, who employ them, and who are able to pay greater sums without being involved in poverty and distress.
With regard, sir, to the reasons for introducing this clause, they are, in my judgment, valid and equitable. We have found it necessary to fix the rate of money at interest, and the rate of labour in several cases, and if we do not in this case, what will be the consequence?—a second embargo on commerce, and, perhaps, a total stop to all military preparations. Is it reasonable that any man should rate his labour according to the immediate necessities of those that employ him? or that he should raise his own fortune by the publick calamities? If this has hitherto been a practice, it is a practice contrary to the general happiness of society, and ought to prevail no longer.
If the sailor, sir, is exposed to greater dangers in time of war, is not the merchant's trade carried on, likewise, at greater hazard? Is not the freight, equally with the sailors, threatened at once by the ocean and the enemy? And is not the owner's fortune equally impaired, whether the ship is dashed upon a rock, or seized by a privateer?
The merchant, therefore, has as much reason for paying less wages in time of war, as the sailor for demanding more, and nothing remains but that the legislative power determine a medium between their different interests, with justice, if possible, at least with impartiality.
Mr. Horace WALPOLE, who had stood up several times, but was prevented by other members, spoke next, to this purport:—Sir, I was unwilling to interrupt the course of this debate while it was carried on with calmness and decency, by men, who do not suffer the ardour of opposition to cloud their reason, or transport them to such expressions as the dignity of this assembly does not admit. I have hitherto deferred to answer the gentleman who declaimed against the bill with such fluency of rhetorick, and such vehemence of gesture; who charged the advocates for the expedients now proposed, with having no regard to any interest but their own, and with making laws only to consume paper, and threatened them with the defection of their adherence, and the loss of their influence, upon this new discovery of their folly and their ignorance.
Nor, sir, do I now answer him for any other purpose than to remind him how little the clamours of rage and petulancy of invectives contribute to the purposes for which this assembly is called together; how little the discovery of truth is promoted, and the security of the nation established by pompous diction and theatrical emotions.
Formidable sounds, and furious declamations, confident assertions, and lofty periods, may affect the young and unexperienced; and, perhaps, the gentleman may have contracted his habits of oratory by conversing more with those of his own age, than with such as have had more opportunities of acquiring knowledge, and more successful methods of communicating their sentiments.
If the heat of his temper, sir, would suffer him to attend to those whose age and long acquaintance with business give them an indisputable right to deference and superiority, he would learn, in time, to reason rather than declaim, and to prefer justness of argument, and an accurate knowledge of facts, to sounding epithets and splendid superlatives, which may disturb the imagination for a moment, but leave no lasting impression on the mind.
He will learn, sir, that to accuse and prove are very different, and that reproaches, unsupported by evidence, affect only the character of him that utters them. Excursions of fancy, and flights of oratory, are, indeed, pardonable in young men, but in no other; and it would surely contribute more, even to the purpose for which some gentlemen appear to speak, that of depreciating the conduct of the administration, to prove the inconveniencies and injustice of this bill, than barely to assert them, with whatever magnificence of language, or appearance of zeal, honesty, or compassion.
Mr. PITT replied:—Sir, the atrocious crime of being a young man, which the honourable gentleman has with such spirit and decency charged upon me, I shall neither attempt to palliate nor deny, but content myself with wishing that I may be one of those whose follies may cease with their youth, and not of that number, who are ignorant in spite of experience.
Whether youth can be imputed to any man as a reproach, I will not, sir, assume the province of determining; but surely age may become justly contemptible, if the opportunities which it brings have passed away without improvement, and vice appears to prevail when the passions have subsided. The wretch that, after having seen the consequences of a thousand errours, continues still to blunder, and whose age has only added obstinacy to stupidity, is surely the object of either abhorrence or contempt, and deserves not that his grey head should secure him from insults.
Much more, sir, is he to be abhorred, who, as he has advanced in age, has receded from virtue, and becomes more wicked with less temptation; who prostitutes himself for money which he cannot enjoy, and spends the remains of his life in the ruin of his country.
But youth, sir, is not my only crime; I have been accused of acting a theatrical part—a theatrical part may either imply some peculiarities of gesture, or a dissimulation of my real sentiments, and an adoption of the opinions and language of another man.
In the first sense, sir, the charge is too trifling to be confuted, and deserves only to be mentioned, that it may be despised. I am at liberty, like every other man, to use my own language; and though I may, perhaps, have some ambition to please this gentleman, I shall not lay myself under any restraint, nor very solicitously copy his diction, or his mien, however matured by age, or modelled by experience.
If any man shall, by charging me with theatrical behaviour, imply that I utter any sentiments but my own, I shall treat him as a calumniator and a villain; nor shall any protection shelter him from the treatment which he deserves. I shall, on such an occasion, without scruple, trample upon all those forms, with which wealth and dignity intrench themselves, nor shall any thing but age restrain my resentment: age, which always brings one privilege, that of being insolent and supercilious without punishment.
But, with regard, sir, to those whom I have offended, I am of opinion, that if I had acted a borrowed part, I should have avoided their censure; the heat that offended them is the ardour of conviction, and that zeal for the service of my country, which neither hope nor fear shall influence me to suppress. I will not sit unconcerned while my liberty is invaded, nor look in silence upon publick robbery. I will exert my endeavours, at whatever hazard, to repel the aggressor, and drag the thief to justice, whoever may protect them in their villany, and whoever may partake of their plunder. And if the honourable gentleman—
Here Mr. WINNINGTON called to order, and Mr. PITT sitting down, he spoke thus:—It is necessary, sir, that the order of this assembly be observed, and the debate resumed without personal altercations. Such expressions as have been vented on this occasion, become not an assembly intrusted with the liberty and welfare of their country. To interrupt the debate on a subject so important as that before us, is, in some measure, to obstruct the publick happiness, and violate our trust: but much more heinous is the crime of exposing our determinations to contempt, and inciting the people to suspicion or mutiny, by indecent reflections, or unjust insinuations.
I do not, sir, undertake to decide the controversy between the two gentlemen, but must be allowed to observe, that no diversity of opinion can justify the violation of decency, and the use of rude and virulent expressions; expressions dictated only by resentment, and uttered without regard to—
Mr. PITT called to order, and said:—Sir, if this be to preserve order, there is no danger of indecency from the most licentious tongue: for what calumny can be more atrocious, or what reproach more severe, than that of speaking with regard to any thing but truth. Order may sometimes be broken by passion, or inadvertency, but will hardly be reestablished by monitors like this, who cannot govern his own passion, whilst he is restraining the impetuosity of others.
Happy, sir, would it be for mankind, if every one knew his own province; we should not then see the same man at once a criminal and a judge. Nor would this gentleman assume the right of dictating to others what he has not learned himself.
That I may return, in some degree, the favour which he intends me, I will advise him never hereafter to exert himself on the subject of order; but, whenever he finds himself inclined to speak on such occasions, to remember how he has now succeeded, and condemn, in silence, what his censures will never reform.
Mr. WINNINGTON replied:—Sir, as I was hindered by the gentleman's ardour and impetuosity from concluding my sentence, none but myself can know the equity or partiality of my intentions, and, therefore, as I cannot justly be condemned, I ought to be supposed innocent; nor ought he to censure a fault of which he cannot be certain that it would ever have been committed.
He has, indeed, exalted himself to a degree of authority never yet assumed by any member of this house, that of condemning others to silence. I am henceforward, by his inviolable decree, to sit and hear his harangues without daring to oppose him. How wide he may extend his authority, or whom he will proceed to include in the same sentence, I shall not determine; having not yet arrived at the same degree of sagacity with himself, nor being able to foreknow what another is going to pronounce.
If I had given offence by any improper sallies of passion, I ought to have been censured by the concurrent voice of the assembly, or have received a reprimand, sir, from you, to which I should have submitted without opposition; but I will not be doomed to silence by one who has no pretensions to authority, and whose arbitrary decisions can only tend to introduce uproar, discord, and confusion.
Mr. Henry PELHAM next rose up, and spoke to this effect:—Sir, when, in the ardour of controversy upon interesting questions, the zeal of the disputants hinders them from a nice observation of decency and regularity, there is some indulgence due to the common weakness of our nature; nor ought any gentleman to affix to a negligent expression a more offensive sense than is necessarily implied by it.
To search deep, sir, for calumnies and reproaches is no laudable nor beneficial curiosity; it must always be troublesome to ourselves by alarming us with imaginary injuries, and may often be unjust to others by charging them with invectives which they never intended. General candour and mutual tenderness will best preserve our own quiet, and support that dignity which has always been accounted essential to national debates, and seldom infringed without dangerous consequences.
Mr. LYTTLETON spoke as follows:—Sir, no man can be more zealous for decency than myself, or more convinced of the necessity of a methodical prosecution of the question before us. I am well convinced how near indecency and faction are to one another, and how inevitably confusion produces obscurity; but I hope it will always be remembered, that he who first infringes decency, or deviates from method, is to answer for all the consequences that may arise from the neglect of senatorial customs: for it is not to be expected that any man will bear reproaches without reply, or that he who wanders from the question will not be followed in his digressions, and hunted through his labyrinths.
It cannot, sir, be denied, that some insinuations were uttered injurious to those whose zeal may sometimes happen to prompt them to warm declarations, or incite them to passionate emotions. Whether I am of importance enough to be included in the censure, I despise it too much to inquire or consider, but cannot forbear to observe, that zeal for the right can never become reproachful, and that no man can fall into contempt but those who deserve it.
[The clause was amended, and agreed to.]