DEBATE ON THE SECOND READING OF A BILL TO PREVENT INCONVENIENCIES
ARISING FROM INSURANCE OF SHIPS.
The bill being read, sir John BARNARD spoke thus:--Sir, there cannot be
brought before this house any questions more difficult in themselves,
more entangled with a multiplicity of relations, or more perplexed with
an endless diversity of circumstances, than those which relate to
commercial affairs; affairs on which the most experienced often
disagree, and on which the most sagacious may deceive themselves with
erroneous conjectures.
There are no questions, sir, which require so much personal knowledge of
the subject to which they relate, nor is there any subject with which so
few gentlemen in this house have had opportunities of being acquainted.
There are no questions, sir, which their variety of relations to
different persons exposes to be so easily misrepresented without
detection, nor any in which the opposition of particular interests so
much incites a false representation. In all these cases, deceit is easy,
and there is a strong temptation to deceive.
Nor are these questions, sir, always perplexed by intentional fraud, or
false assertions, of which they that utter them are themselves
conscious.
Those who deceive us, do not always suppress any truth of which they are
convinced, nor set facts before us in any other light, than that in
which themselves behold them; they for the most part err with an honest
intention, and propagate no mistakes but those which they have
themselves admitted.
Of this kind, sir, are, doubtless, the measures proposed in the bill
before us, which those by whom they are promoted may easily think to be
of benefit to the publick, but which, I believe, will appear the result
of imperfect views, and partial consideration.
The great and fundamental errour, sir, of the patrons of this bill,
seems to be an opinion that the practice of insuring is not known to
other nations, nor can be carried on in any other place; and from this
principle they deduce consequences, which, if they were inevitably
certain, might easily influence us to an immediate approbation of the
bill, as necessary to secure our commerce, and distress our enemies.
They conclude, sir, with sufficient justness, that very few merchants
would hazard their fortunes in long voyages or distant commerce, or
expose themselves to the dangers of war, without the security which
insurances afford them; and having persuaded themselves that such
security is to be obtained from no other nation, they imagine that we
might, by prohibiting it, confine all the foreign vessels in their
ports, and destroy, by one resolution, the trade of both our rivals and
our enemies.
That our East India company may desire the ratification of this bill, I
cannot deny, because they might, perhaps, receive from it some temporary
advantage by the short inconveniencies which those whom they consider as
the enemies of their commerce would feel from it. They may desire it,
because the experiment, if it fails, as it must, cannot injure them; and
if it succeeds, may produce great advantages to them: they may wish it,
because they will feel the immediate benefit, and the detriment will
fall upon others.
I shall not inquire whether our merchants are inclined to look with
malevolence on all those who cultivate the same branches of commerce
with themselves, though they have neither the violation of natural
rights, nor the infringement of national treaties, to complain of. I
should be unwilling to suspect a British merchant, whose acquaintance
with the constitution of his own country ought to show him the value of
liberty, who ought to be above narrow schemes, by the knowledge which
his profession enables him to gain, of a desire to encroach upon the
rights of others, or to engross the general benefits of nature; and
shall only observe, that several other nations can plead a claim to the
East India trade, a claim of equal validity with our own; that the Danes
have their settlement there, and that the Portuguese discovered the way
to those regions of wealth, from which some, perhaps, are inclined to
exclude them.
But nothing is more vain than to attempt to exclude them by refusing to
ensure their ships, because the opinion that they can be insured by no
other nation is entirely without foundation. There are at this time
offices of insurance along the whole coasts of the midland sea, among
the Dutch, and even among the French. Nothing can debar any nation from
the trade of insurance but the want of money; and that money is not
wanted by foreigners for this purpose, appears from the great sums which
they have deposited in our funds.
That this trade is now carried on chiefly by this nation, though not
solely, is incontestable; but what can be inferred from that, but that
we ought not to obstruct our own gain; that we ought not to make a law
to deprive ourselves of that advantage of which either favourable
accidents or our own sagacity have put us in possession.
For this reason it appears that it would not contribute to the wealth of
the publick to debar us from insuring the ships even of those with whom
we are at war, for it is always to be remembered that they will receive
no detriment from such prohibitions, nor will feel any other consequence
from them than a necessity of transferring to some other nation the
profit which we receive from it.
What the profit is which arises to the nation from the trade of
insurance it is not possible exactly to determine, but that the trade is
really advantageous may be reasonably conceived, because after many
years' experience it is diligently followed, and a law was never
necessary to prohibit the pursuit of a business by which nothing was to
be gained. But could the gain of the insurer be a doubtful point, there
is a certain advantage to the nation by the money paid for commission,
brokerage, stamps, and the credit of the premium deposited here.
I might add, sir, another considerable sum yearly arising to the
government from the additional letters, occasioned by this trade, which
increase the revenues of the post-office, without any deduction for
additional charge.
That the loss of this profit, and the gain of insuring, will ensue upon
the ratification of this bill, cannot be denied; nor does it appear,
that this loss will be counterbalanced by any advantage that will be
gained over our rivals or our enemies.
Whether this bill, sir, would produce to the merchants of that city by
which it is promoted, the advantages which they expect from it, or
remove any of the grievances of which they complain, I am not able
positively to determine; but know, that it is not uncommon for
merchants, as well as other men, to confound private with publick
grievances, and to imagine their own interest the interest of the
nation.
With regard, sir, to the practice of insuring, _interest or no
interest_, as the term is, when an imaginary value is put upon the ship
or cargo, often much above its real worth, it cannot be denied, that
some opportunities may be given by it for wicked practices. But there
will always be circumstances in which there can be no security against
frauds, but common faith; nor do I see how we can secure the insurers
against the possibility of being defrauded.
I cannot, indeed, discover, sir, how this method of insuring can be
prevented; for how can the value of a cargo be estimated, which is to be
collected in a long voyage, at different ports, and where the success of
the adventurers often depends upon lucky accidents, which are, indeed,
always hoped for, but seldom happen. An imaginary value must, therefore,
be fixed upon, when the ship leaves the port; because the success of
that voyage cannot be foreknown, and the contracting parties may be
safely trusted to set that value, without any law to direct or restrain
them.
If the merchants are oppressed by any peculiar inconveniencies, and can
find means of redressing them without injuring the publick commerce, any
proposal for that purpose ought to be favourably received; but as the
bill now before us proposes general restraints, and proposes to remove
grievances which are not felt, by remedies, which those upon whom they
are to operate, do not approve, I think it ought not to be referred to a
committee, but rejected.
Mr. SOUTHWELL spoke next, in terms to this purpose:--Sir, when I first
proposed this bill to the house, I lamented the absence of that
honourable gentleman, from whose discussions and arguments I expected
great information; and for whose judgment, in all commercial questions,
I have the highest esteem, as his penetration not only enables him to
discover the consequences of methods which have not yet been tried, but
as his extensive acquaintance with many branches of trade, cannot but
have informed him of the success of many expedients tried, as well in
other nations as our own, for the advancement of it.
Trade, sir, is a subject, of which it has been justly observed, that
very few gentlemen have attained knowledge sufficient to qualify
themselves to judge of the propriety of any new regulation; and I cannot
but confess, that I have no uncommon skill in these questions. What I
have to offer on this occasion, has been suggested to me, not so much by
my own observations, as by the intelligence which I have very
industriously sought, and by which, as I endeavoured to inquire of those
whose opinion was least likely to be perverted by their interest, I hope
I have not been misled.
The merchants, sir, to whom it has been my fortune to apply, have
generally concurred in the opinion that the present practice of insuring
is prejudicial to our commerce, nor have I found any disagreement
between my constituents and the traders of this great metropolis.
I am unwilling to imagine that there can be any evil for which the
wisdom of this assembly cannot discover a remedy, and am, therefore, of
opinion, that if the grievance is real, some expedient may be discovered
for removing it; and that it is real, I cannot but be convinced by the
declarations of so many men, who can have no interest in complaining
when they suffer nothing, and whose known abilities exempt them from the
suspicion of imputing any part of their uneasiness to a cause which
cannot produce it.
The bill before us, sir, requires, in my opinion, some amendments, and
in its present state might, perhaps, produce more detriment than
advantage; but since it is necessary at least to attempt something for
the relief of men so useful to this nation, it appears to me necessary
to form a committee, and to deliberate on this subject with more
attention.
Mr. LOCKWOOD spoke next, to the following effect:--Sir, though I am not
of opinion that the bill in its present state ought to be passed into a
law, yet I am far from thinking it so imperfect as not easily to be
amended, and, therefore, am desirous that it should be considered in a
committee.
I have not, indeed, sir, often observed, that bills injudiciously drawn
up at first have received great improvements from a second
consideration, and have found it more easy to form a new bill, than to
make alterations in one that is laid before us; for some original errour
will commonly remain, and the sentiments of different men, pursuing
different views, can seldom be modelled into one consistent scheme. But
I am far from considering this bill as one of those that cannot be
amended, for I can discover but few objections to the regulations
proposed in it, and those not relating to any of the essential parts,
but slight and circumstantial, such as will easily be removed, or,
perhaps, answered.
The grievance, sir, for which this bill proposes a remedy, is so
generally known, and so universally lamented, that, I believe, there is
not any thing more worthy of the attention of the legislature than an
inquiry into the cause of it, and the proper method of redressing it.
In our inquiry into the causes of this obstruction of trade, I am of
opinion, sir, that the practice of insuring, _interest or no interest_,
will appear to be the foundation of this general uneasiness; it will be
found a practice of so natural a tendency to fraud, and so easily
susceptible of dishonest artifices, that I believe every member of this
house will desire its suppression.
To confirm my assertion, sir, and illustrate the question before us, I
shall mention some particular instances of fraud to which this custom
has given occasion; of fraud so evident and so detestable that it cannot
be related without indignation.
The Royal George was a large ship belonging to the South sea company,
which, having been a voyage to Vera Cruz, put in at Jamaica in her
return; and being there refitted to proceed on her voyage homewards, set
sail, and came within a week's sailing of the port, when, upon a sudden,
the officers entered into a consultation, and determined to go back a
month's voyage to Antigua; for what reason, sir, may easily be guessed,
when it was told that a ship was insured upon a supposed value of sixty
thousand pounds.
This resolution, sir, was no sooner formed, than orders were given to
change the course and steer to Antigua, in opposition to all the
remonstrances of the carpenter, who is the proper judge of the condition
of a vessel, and who declared, with honesty and resolution, against
their whole procedure. But they pursued their new scheme without any
regard to his murmurs or assertions; and when they arrived at Antigua,
found some method of influencing the officers of that island to declare
the ship unfit for the prosecution of the voyage.
Their design, sir, was now happily completed. To confirm the
determination which had been pronounced in their favour, they stranded
the ship upon a bank of sand, forced out the iron that grapples the
timber together, and having first taken away the masts and rigging, and
whatever else could be used or sold, threw the ballast to each end, and
so broke the vessel in the middle.
By this well-contrived shipwreck, having, as they imagined, raised their
fortunes, they came home triumphantly from their prosperous voyage, and
claimed the money for which the ship was insured. The insurers, startled
at a demand so unexpected, inquired into the affair with all the
industry which its importance might naturally incite, and, after some
consultation, determined to try whether the ship might not be refitted
and brought to Britain.
In pursuance of this resolution, they sent workmen and materials, and,
without much expense, or any difficulty, brought it hither.
I believe, sir, this relation is sufficient at once to prove the
practice, and explain the nature of the frauds to which this method of
insurance gives occasion; but as the frequency of them is such, that
many instances may be produced, I shall offer another short narrative of
the same kind.
A ship that belonged to the East India company, insured after this
method, was run ashore by the captain, in such a manner that he imagined
none but himself able to recover it, and therefore, though it cost five
thousand pounds, sold it for five hundred; but the purchaser, no less
expert than the captain, found means very speedily to disengage it, to
restore it to a proper condition with little expense, and was much
enriched by his fortunate bargain.
I cannot but observe, sir, that this kind of fraud is more formidable,
as it may be practised without a possibility of detection: had the
captain, instead of stranding, destroyed his vessel, how could his
wickedness ever have been discovered; or how could the South sea
company's ship have been brought home, had it been sunk in some distant
corner of the world.
This practice, sir, and the frauds which it has occasioned, and the
suspicions which the easy practice of frauds always creates, have
produced so many trials, and filled the courts of justice with such
intricate contentions, that the judges, who know, perhaps, nothing of
this practice but from its effects, have often declared it to be so
pregnant with contests and cheats, that it ought not to be suffered, and
that a law for suppressing it would much contribute to the establishment
of peace, and the security of property.
I am not insensible, sir, of the force of the argument made use of by
the honourable gentleman who spoke in favour of this practice, and
cannot but allow it that regard which his reasonings always deserve; it
is the strongest, and perhaps the only argument that can be produced.
His assertion of the impossibility of estimating the real value of a
ship, or of foreknowing the success of a voyage, is incontestable: but
perhaps it will follow from thence, not that an imaginary value ought to
be admitted, but that no insurance ought to be allowed, where there is
no rational method of ascertaining it; or, at least, that all such
insurance ought to be rather below the probable value than above it.
If the grievance complained of has been proved not to be imaginary, we
ought, doubtless, to consult how it may be remedied; nor do I believe
that our consultations will be ineffectual, if we engage in them, not
with an intention to perplex, but to inform each other. I am of opinion,
sir, that the importance of the question requires a committee; nor can I
discover any essential defect in the bill, which should hinder it from
passing into a law.
Mr. BURRELL spoke to this effect:--Sir, I am convinced by experience, as
well as reason, that so many inconveniencies arise from this method of
insurance, that it affords so many opportunities of fraud, and gives
such encouragement to negligence, that I shall willingly concur in any
measures that may effectually suppress it.
It is, sir, too well known to require proof, that interest is the parent
of diligence, and that men attend to the performance of their duty, in
proportion as they must suffer by the neglect of it; and, therefore,
every practice that deprives honesty of its reward is injurious to the
publick.
But that this is the consequence of estimating ships at an imaginary
value in the offices of insurance, is, to the highest degree, evident.
When a ship is estimated above its real value, how will the commander
suffer by a wreck, or what shall restrain him from destroying his
vessel, when it may be done with security to himself, except that
integrity, which, indeed, ought to be generally diffused, but which is
not always to be found, and to which few men think it safe to trust upon
occasions of far less importance.
To show, sir, that I do not indulge groundless suspicions, or magnify
the bare possibility of fraud into reality; that I do not blacken human
nature, or propose laws against wickedness that has not yet existed; it
may be proper to mention some letters, in which I have been informed, by
my correspondent at Leghorn, of the state of the ships which have
arrived there; ships so weakly manned, and so penuriously or negligently
stored, so much decayed in the bottoms, and so ill fitted with rigging,
that he declares his astonishment at their arrival.
It may deserve our consideration, sir, whether the success of the
Spanish privateers may not be, in great part, attributed to this
pernicious practice; whether captains, when their vessels are insured
for more than their value, do not rashly venture into known danger?
whether they do not wilfully miss the security of convoys? whether they
do not direct their courses where privateers may most securely cruise?
whether they do not surrender with less resistance than interest would
excite? and whether they do not raise clamours against the government
for their ill success, to avoid the suspicion of negligence or fraud?
That other frauds are committed in the practice of insuring, is well
known to the honourable gentleman: it is a common practice to take money
upon bottomry, by way of pledge, for the captain's fidelity, and to
destroy this security by insuring above the real value; so that the
captain may gain by neglecting the care of his vessel, or, at least,
secure himself from loss, and indulge his ease or his pleasure without
any interruption from the fear of diminishing his fortune.
The whole practice of insurance, sir, is, in its present state, I
believe, so perplexed with frauds, and of such manifest tendency to the
obstruction of commerce, that it absolutely requires some legal
regulations.
Sir John BARNARD then spoke to this purpose:--Of frauds in the practice
of insurance, with regard to which the honourable gentleman has appealed
to me, I can confidently affirm that I am totally ignorant: I know not
of any fraudulent practices openly carried on, or established by custom,
which I suppose are meant: for with regard to single acts of fraud,
committed by particular men, it is not to be supposed but that they have
been detected in this, as in all other branches of traffick: nor can I
conceive that any argument can be drawn from them against the practice;
for if every part of commerce is to be prohibited, which has furnished
villains with opportunities of deceit, we shall contract trade into a
narrow compass.
With regard, sir, to the instance of the Royal George, though the
proceedings of the officers are not wholly to be vindicated, yet part of
their conduct is less inexplicable than it has been represented. Their
return to Antigua, when they were bound for Britain, and were within a
week's sailing of their port, is easily to be defended, if the wind was
contrary to their intended course; for it is not difficult to conceive
that they might reach a distant port, with a favourable wind, much
sooner than one much nearer, with the wind against them.
I have always observed, sir, that the gentlemen engaged in the trade to
the East Indies, assume an air of superiority, to which I know not what
claim they can produce, and seem to imagine, that their charter gives
them more extensive knowledge, and more acute sagacity, than falls to
the lot of men not combined in their association.
But however these gentlemen may disapprove my arguments, and however
they may misrepresent them, I shall be satisfied, that they will have,
with the disinterested and impartial, their just weight, and that this
affair will not be hastily determined upon an imperfect examination.
Sir Robert WALPOLE replied to this effect:--Whether the merchants are
satisfied with the present methods of insuring, or what is the opinion
of any separate body of men, I think it absolutely unnecessary to
inquire. We are constituted for the publick advantage, and are engaged
by our senatorial character to consider, not the private interest of
particular men, but the general advantage of our country.
In our pursuit, sir, of national interest, we shall be obliged
frequently to oppose the schemes which private men or separate
fraternities, have formed for their own advantage, and which they may be
expected to defend with all their art; both because every man is
unwilling to imagine that the publick interest and his own are opposite,
and because it is to be feared, that many may consider the publick only
in subordination to themselves, and be very little solicitous about the
general prosperity of their country, provided none of the calamities
which afflict it extend their influence to themselves.
We are in the discussion of this question, sir, to consider that we are
engaged in a war against a nation from which insults, depredations,
oppressions, and cruelties, have been long complained of, and against
which we are, therefore, to act with a resolution proportioned to the
injuries which we have suffered, and to our desire of vengeance. We are
to practice every method of distressing them, and to promote the success
of our arms even at the expense of present gain, and the interest of
private men.
It is well known, sir, to all who have either heard or read of the
Spaniards, that they live in carelessness and indolence, neglect all the
natural advantages of their own country, despise the gain of foreign
commerce, and depend wholly on their American settlements, for all the
conveniences, and, perhaps, for most of the necessaries of life.
This is the particular circumstance that makes a war with Britain so
much to be dreaded by them. A nation superiour to them by sea holds them
besieged, like a garrison surrounded by an army, precludes them from
supplies, intercepts their succours, and if it cannot force their walls
by attack, can, at least, by a blockade, starve them to a capitulation.
Thus, sir, by a naval war with an enemy of superiour strength, they must
at length be subdued, and subdued, perhaps, without a battle, and
without the possibility of resistance; against such an enemy their
courage or their discipline is of no use; they may form armies, indeed,
but which can only stand upon the shore, to defend what their enemies
have no intention of invading, and see those ships seized in which their
pay is treasured, or their provisions are stored.
Such, sir, is our natural superiority over the Spaniards, a species of
superiority that must inevitably prevail, if it be not defeated by our
own folly; and surely a more effectual method of defeating it, the
Spaniards themselves could not have discovered, than that of insuring,
their ships among our merchants.
When a ship thus insured is taken, which, notwithstanding all
precautions, must sometimes happen, we examine the cargo, find it
extremely valuable, and triumph in our success; we not only count the
gain to ourselves, but the loss to our enemies, and determine that a
small number of such captures will reduce them to offer us peace upon
our own terms.
Such are the conclusions which are made, and made with reason, by men
unacquainted with the secret practices of our merchants, and who do not
suspect us to be stupid enough to secure our enemies against ourselves;
but it is often found, upon a more close examination, that our ships of
war have only plundered our merchants, and that our privateers may,
indeed, have enriched themselves, but impoverished their country. It is
discovered that the loss of the Spaniards is to be repaid, and, perhaps,
sometimes with interest, by the British insurers.
If it be urged, that we ought not to enact any laws which may obstruct
the gain of our fellow-subjects, may it not be asked, why all trade with
Spain is prohibited; may not the trade be equally gainful with the
insurance, and may not the gain be more generally distributed, and,
therefore, be more properly national?
But this trade was prohibited, because it was more necessary to our
enemies than to ourselves; it was prohibited, because the laws of war
require, that a less evil should be suffered to inflict a greater; it is
upon this principle that every battle is fought, and that we fire our
own ships to consume the navies of the enemy.
For this reason, sir, it appears to me evident beyond contradiction,
that the insurance of Spanish ships ought to be prohibited: we shall,
indeed, lose the profit of the insurance, but we shall be reimbursed by
the captures, which is an argument that cannot be produced for the
prohibition of commerce.
It is urged, sir, that they may insure their ships in other countries;
an assertion, of which, whether it be true or not, I am not able to
decide; but it is acknowledged, that the necessity of establishing new
correspondence will be at least a temporary obstruction of their trade,
and an obstruction of even a short continuance may lay them at our
mercy.
But let us, sir, reflect upon the weakness of this argument,--_they
must be allowed to insure here, because they may insure in other
places;_ will it not be equally just to urge, that _they must trade with
us, because they may trade with other nations?_ And may it not be
answered, that though we cannot wholly suspend their commerce, it is yet
our business to obstruct it as far as we are able?
May it-not, sir, be farther affirmed, that by insuring in other nations,
they may injure their allies by falling into our hands, but do not the
less benefit us? that if they do not grow weaker, we at least are
strengthened; but that by insuring among us, whatever steps are taken,
the equilibrium of the war is preserved always the same?
It is asserted, and I suppose with truth, that we insure at a lower rate
than others, and it will, therefore, follow, that the Spaniards,
whenever their ships shall escape us, will suffer more by having-insured
amongst foreigners, than if they had contracted with our merchants.
Thus it appears, sir, that there are stronger reasons for prohibiting
the insurance of Spanish ships, than for putting a stop to our commerce
with them; and that whether their ships are taken by us, or escape us,
it is the general interest of the nation, that they shall be insured by
foreign merchants.
With respect, sir, to the East India company, I have no regard to their
interest, considered as distinct from that of the rest of the nation;
nor have received any solicitations from them to promote this bill, or
to espouse their interest; but cannot, without concealing my real
sentiments, deny, that as they have the grant of an exclusive trade to
the East Indies, to insure the ships that are sent thither without their
permission, is to invade their rights, and to infringe their charter;
and that the practice, if the validity of their charter be admitted, is
illegal, and ought to be discountenanced.
The practice, sir, of insuring, _interest or no interest_, or of
assigning to ships an imaginary value, is nothing more than a particular
game, a mere solemn species of _hazard_, and ought, therefore, to be
prohibited, for every reason that can be urged against games of chance.
With regard to this bill in general, it is, in my opinion, highly
necessary, nor can I discover any important objection that can be made
against it. Some law of this kind, and to this purpose, I have long
intended to offer to the consideration of this assembly, and since it is
now before us, I think we ought to consider it with the attention which
may be justly expected from us.
Lord BALTIMORE spoke thus:--Sir, I know not how properly the practice of
insuring may be termed a species of hazard, nor do I think any thing
more is to be considered, than whether the game be gainful to the
nation, or not, for I cannot discover that there is any absurdity in
enriching ourselves at the expense of other nations, whether enemies or
allies. That we ought to prefer the general good to the advantage of
individuals, is undoubted, but I cannot conceive that in this case there
can be any opposition between private and publick interest. If our
insurers gain by securing the ships of our enemies, the nation is
benefited, for all national gain must circulate through the hands of
individuals.
No man will assert that we ought to assist our enemies, nor will any man
imagine that we assist them by impoverishing them, and if our insurers
gain by their practice, the Spaniards must undoubtedly be losers.
Mr. WILLIMOT spoke next, to the following purpose:--Sir, I have
conversed on the question to which this bill relates, with men engaged
in various kinds of traffick, and who have no common interest but that
of their country. I have dispersed among the merchants, most eminent for
their acquaintance with the whole extent of commerce, and for their
knowledge of the true interest of the nation, copies of this bill, and
cannot find any of them so sensible of the grievance of which we have so
loud complaints, as to desire that it should be redressed by the
measures now proposed.
That frauds are practised on every side, in this, as well as in other
trades, the general corruption of our age gives us sufficient reason to
suspect; but what is common to every sort of traffick, cannot be
produced as an argument for the prohibition of any.
That the practice of insuring an imaginary value may give opportunity
for greater frauds than can be practised in common dealings, is likewise
evident, but I cannot discover such frauds to require the interposition
of the legislature.
If they are practised only by those of our own nation, the publick does
not suffer; for property is only transferred from one subject to
another: the fraud ought, indeed, to be severely punished in the courts
of criminal justice, but the custom which gave the opportunity of
practising it, ought not to be restrained, any more than any other
profession not criminal in itself, but liable to accidental abuses.
If our insurers are defrauded by foreigners, the nation is then, indeed,
more nearly affected, but even in that case, it is to be remembered,
that the private interest of the insurers, who must be immediately
ruined, is a sufficient security for the publick. For it cannot, sir, be
conceived that any man will obstinately carry on a business, by which he
becomes every day poorer, or, that when he desists he will be succeeded
by another, who cannot but know that he engages in that traffick to his
certain ruin.
The true state of this affair is, that frauds are, indeed, often
committed, and are for that reason always suspected, and that the
insurers, when they insure the ship and cargo against accidents, reckon,
among other chances, the probability of being cheated, and proportion
their demands, not only to the length and danger of the voyage, but to
the character, likewise, of the man with whom they contract.
This, sir, is always the practice of those whom experience has made
acquainted with the danger of implicit confidence and unsuspecting
credulity, nor do any but the young and unskilful suffer themselves to
be so exposed to frauds, as that their fortunes should be injured, or
the general gain of their business overbalanced, by a few deceits.
Thus it appears, that notwithstanding the ease and safety with which the
present methods of insurance admit fraud to be practised, the insurers,
by a proportionate degree of caution, secure themselves from being
injured, and, by consequence, the nation.
The insurance of foreign ships is now to be considered, by which great
profit arises to the nation. We insure, sir, as it has been observed, at
lower rates than other nations, because we have more business of this
kind, and the smallness of our profit is compensated by the frequency;
the cheapness of insurances, and eagerness of foreigners to insure here,
reciprocally contribute to each other; we are often applied to, because
we insure at an easy rate, and we can insure at an easy rate, because we
are often applied to.
Nor is the cheapness of British insurance the only motive to the
preference which it preserves among foreigners, who are induced to apply
to this nation, by the reputation which our merchants have deservedly
gained for probity and punctuality superiour to that of any other
traders. Our merchants, sir, bargain without artifice, pay without
subterfuges, and are ready on all occasions to preserve their character
at the hazard of their profit.
From these two considerations we may draw unanswerable arguments against
any restraints upon the practice of insuring: if foreigners are once
disappointed in their applications to us, our business will in a great
part cease, and as we shall not then be able to insure at lower rates
than other nations, we shall never recover that branch of our trade. And
as the character of the British merchants exempts them from any
suspicion of practices pernicious to the publick, why should they be
restrained? Why, sir, should they appear to be suspected by the
legislature of their own country, whom foreigners trust without
hesitation.
It has been objected to them with great warmth, and urged with much
rhetorical exaggeration, that they assist the enemies of their country,
that they prolong the war, and defeat those advantages which our
situation and commerce have given us; imputations sufficiently
atrocious, if they were founded upon truth.
But let us, sir, examine the arguments by which this accusation has been
supported, and inquire whether this triumph of eloquence has been
occasioned by any real superiority of evidence or reason; it is urged,
that we have already prohibited commerce with the Spaniards, and that,
therefore, we ought, likewise, to prohibit the insurance of their ships.
It will not require, sir, an imagination very fertile, or a knowledge
very extensive, to supply arguments sufficient to refute the supposed
demonstration; in opposition to which it may be urged, that this kind of
commerce is of a peculiar nature, that it subsists upon opinion, and is
preserved by the reputation of our insurers; a reputation that the
insurers of other nations may obtain by the same means, and from whom we
shall, therefore, never recover it.
It may be observed, sir, that other commodities are the peculiar product
of different countries, and that there is no danger of losing our other
trade by suspending it, because it depends upon the excellence of our
manufactures; but that insurance may be the commodity of any country,
where money and common honesty are to be found.
This argument may, perhaps, be yet more effectually invalidated, or,
perhaps, entirely subverted, by denying the expedience of that
prohibition which is produced as a precedent for another restraint. Nor,
indeed, does it appear why we should preclude ourselves from a gainful
trade, because the money is drawn by it out of the hands of our enemies;
or why the product of our lands should lie unconsumed, or our
manufactures stand unemployed, rather than we should sell to our enemies
what they will purchase at another place, or by the intervention of a
neutral power.
To sell to an enemy that which may enable him to injure us, that which
he must necessarily obtain, and which he could buy from no other, would,
indeed, be to the last degree, absurd; but that may surely be sold them
without any breach of morality or policy, which they can want with less
inconvenience than we can keep. If we were besieging a town, I should
not advise our soldiers to sell to the inhabitants ammunition or
provisions, but cannot discover the folly of admitting them to purchase
ornaments for their houses, or brocades for their ladies.
But, without examining with the utmost accuracy, whether the late
prohibition was rational or not, I have, I hope, suggested objections
sufficient to make the question doubtful, and to incline us to try the
success of one experiment, before we venture upon another more
hazardous.
I am never willing, sir, to load trade with restraints; trade is, in its
own nature, so fugitive and variable, that no constant course can be
prescribed to it; and those regulations which were proper when they were
made, may, in a few months, become difficulties and obstructions. We
well know, that many of the measures which our ancestors pursued for the
encouragement of commerce, have been found of pernicious consequence;
and even in this age, which, perhaps, experience, more than wisdom, has
enlightened, I have known few attempts of that kind which have not
defeated the end for which they were made.
It is more prudent to leave the merchants at liberty to pursue those
measures which experience shall dictate upon every occasion, and suffer
them to snatch the present opportunity of honest gain, whenever it shall
happen; they will never injure their own interest by the use of this
liberty, and by preserving themselves, they will preserve the nation
from detriment; nor will they need to be restrained by a law proposed
without their solicitation, and of which they cannot discover any
beneficial consequences.
Mr. Horace WALPOLE spoke next, to this purpose:--Sir, for the bill now
before us I have no particular fondness, nor desire that it should be
promoted by any other means than rational arguments, and the
representation of indubitable facts.
I have no regard, sir, in this inquiry, to any private interest, or any
other desire than that of securing the interest of my country, which, in
my opinion, evidently requires that we should give no assistance to our
enemies, that our merchants should cooperate with our navies, and that
we should endeavour to withhold every thing that may make the war less
burdensome to them, and, consequently, of longer continuance.
It was observed, sir, in the beginning of the debate, by a gentleman
eminently skilled in mercantile affairs, that insurance was practised by
many nations; but he did not inform us of what one of the clauses makes
it proper to inquire, whether they allowed the method of insuring
_interest or no interest_, and rating ships at an imaginary value. This
is, I know, prohibited by the Dutch, a nation whose authority on
commercial questions will not be disputed, nor do they allow their East
Indian ships to be insured at all.
The difficulty of estimating the value of any cargo has been urged in
defence of this practice, nor is the defence wholly without weight,
because the cargo in many voyages cannot be ascertained. I shall,
however, take this opportunity of observing, though I may somewhat
digress from the present argument, how necessary it is that some of our
exported cargoes should be exactly specified.
I have been lately informed, sir, that six ships laden with British
wool, have entered at one time into a port of France; nor do I know how
this practice, which is justly complained of as pernicious to our trade,
and threatening the ruin of our country, can be prevented but by a
constant and regular particularization of every cargo carried to France.
I admit, sir, that some cargoes which are imported cannot be
particularly registered; such is the gold with which we are daily
supplied by our commerce with the Portuguese, in opposition to their
laws, and which our merchants are, therefore, under the necessity of
concealing.
It is not, indeed, easy to foresee all the inconveniencies that may
arise from new regulations of commerce; but the difficulty is not so
great as has been represented, nor can I conceive why all our
consultations on trade should be without effect. Gentlemen may obtain
some knowledge of commerce from their own observation, which they may
enlarge by an unconfined and indifferent conversation with traders of
various classes, and by inquiries into the different branches of
commerce; inquiries, sir, which are generally neglected by those whose
employments confine their attention to particular parts of commerce, or
whose application to business hinders them from attending to any
opinions but those which their own personal experience enables them to
form.
From these informations impartially collected, and diligently compared,
a man not engaged in the profession of a merchant may form general
principles, and draw consequences, more certain, and more extensive in
their relations, than those which are struck out only from the
observation of one subdivided species of commerce.
A member of this house, sir, thus enlightened by inquiry, and whose
judgment is not diverted from its natural rectitude by the impulse of
any private consideration, may judge of any commercial debate with less
danger of errour or partiality than the merchants, of whom,
nevertheless, I have the highest esteem, and whose knowledge, or
probity, I do not intend to depreciate, when I declare my fears that
they may sometimes confound general maxims of trade with the opinions of
particular branches, and sometimes mistake their own gain for the
interest of the publick.
The interest of the merchants ought, indeed, always to be considered in
this house; but then it ought to be regarded only in subordination to
that of the whole community, a subordination which the gentleman who
spoke last seems to have forgotten. He may, perhaps, not intend long to
retain his senatorial character, and, therefore, delivered his opinion
only as a merchant.
He has distinguished between the conduct of experienced and unskilful
insurers, with how much justice I shall not determine. I am afraid that
a vigorous inquiry would discover, that neither age nor youth has been
able to resist strong temptations to some practices, which neither law
nor justice can support, and that those, whose experience has made them
cautious, have not been always equally honest.
But this is a subject upon which I am not inclined to dwell, and only
mention as the reason which convinces me of the propriety of the bill
before us.
Sir William YONGE spoke to this effect:--Sir, there appears no
probability that the different opinions which have been formed of this
bill will be reconciled by this debate; nor, indeed, is there any reason
for wondering at this contrariety of sentiments.
The several clauses of the bill have relations and consequences so
different, that scarce any one man can approve them all; and in our
present deliberation, an objection to a particular clause is considered
as an argument against the whole bill.
It is, therefore, necessary, to prevent an unprofitable expense of time,
to resolve the house into a committee, in which the bill may be
considered by single clauses, and that part which cannot be defended may
be rejected, and that only retained which deserves our approbation. In
the committee, when we have considered the first clause, and heard the
objections against it, we may mend it; or, if it cannot be amended,
reject or postpone it, and so proceed through the whole bill with much
greater expedition, and at the same time, with a more diligent view of
every clause, than while we are obliged to take the whole at once into
our consideration.
I shall, for my part, approve some clauses, and make objections to
others; but think it proper to reserve my objections, and the reasons of
my approbation, for the committee into which we ought to go on this
occasion.
[The bill was referred to a committee, but not forty members staying in
the house, it was dropped.]