ON THE SECURITY AND PROTECTION OF TRADE AND NAVIGATION.

The same day that the lords read a first time the indemnification bill,

they read also, for the first time, a bill sent from the commons,

entitled, _An Act for the better protecting and securing the trade and

navigation of this kingdom in time of war_. As this bill had a

remarkable rise, passed the commons without a division, and the end

proposed by it was so commendable, it may be proper to give some account

of it before we proceed to the debate thereon in the house of lords.

It may be remembered, that we have mentioned great cause of complaint on

account of the losses sustained by the British merchants from the

enemy's privateers, who were not sufficiently checked. The merchants and

traders of London, Bristol, and other cities, having applied to the

administration in vain, presented petitions to both houses, setting

forth, among other things, "that notwithstanding the growing insolence

of the Spanish privateers, the applications of the suffering merchants

for protection and redress, had been neglected; that numbers of his

majesty's most useful subjects have been reduced to want and

imprisonment, or, compelled by inhuman treatment, and despairing of a

cartel for the exchange of prisoners, had enlisted in the service of

Spain; that there had been various neglects and delays in the

appointment of convoys, and some of the commanders of the few that had

been granted, deserted the ships under their care at sea, and left them

as a prey to the enemy," etc.

One petition farther says, "That the want of ships of force properly

stationed, encouraged the enemy to increase the number of their

privateers."

Another, "That most of the captures were almost on our coast, in the

Channel and soundings, at a time when the naval force of Britain was

greater than ever was known, a few ships of which might have ruined the

enemy's privateers."

One set of the petitioners apprehend, "that most of the captures might

have been prevented, had a few ships been properly stationed on this

side cape Finisterre, and the commanders kept to the strictest duty."

Other petitioners "are not a little alarmed, not only at the increase

and number of the Spanish privateers lately equipped, but at the

unexpected great strength the enemy have lately shown in the

Mediterranean, by which their trade must become more precarious than

ever."

The last petition delivered in was from the mayor, aldermen, and commons

of the city of London, setting forth, "that they had seen a powerful and

well-provided fleet remain inactive in our own ports, or more

ingloriously putting to sea, without the appearance of any enterprise in

view; while our trading vessels were daily exposed to the privateers of

an inconsiderable port, and a feeble enemy holds our naval power in

derision, to the ruin of trade, the enriching the enemy, and the

disgrace of the British name."

Their general request is, "that they may have regular convoys, and that

the commanders be ordered not to desert their charge when in danger,

that cruisers be properly stationed, subject to such inspection as shall

best answer the end designed."

They all concluded with praying, "that the house would make such

provision for the future security of the navigation and commerce of

these kingdoms as they shall think fit."

The petitions were severally referred to the consideration of a

committee of the whole house, and the following orders made for

necessary papers to be laid before the house.

1. An account of his majesty's ships of war which have been employed

since the beginning of last year, as cruisers for the protection of the

trade of this kingdom on this side cape Finisterre, the stations of such

ships, and how long ordered to continue thereupon, with the times of

their going to sea, and their returning into port; when such ships were

cleared, and which of them tallowed, and when respectively.

2. The journals of the commanders of such of his majesty's ships of war

as have been employed since the commencement of the present war, as

cruisers for the protection of trade on this side cape Finisterre.

3. An account of the ships of war built in any of his majesty's yards,

which have been launched since July, 1739, the times when launched, when

first put to sea, and on what services employed.

4. An account of the ships of war built in private yards for his

majesty's service, in the said time; distinguishing the times when

contracted for, when launched, when first put to sea, and on what

services employed.

5. An account of the ships and vessels purchased for his majesty's

service since the said time, distinguishing when purchased, when first

put to sea, and what services employed in.

6. An account of the ships of war appointed as convoys to the trade of

this kingdom to foreign parts, since the commencement of the present

war, distinguishing the ships appointed, and the particular services,

together with the notices given to the traders of the time prefixed for

their sailing, and the times they sailed respectively.

7. That his majesty be addressed for the report of the commissioners for

executing the office of lord high admiral to his majesty in council,

upon the petition of the merchants, relating to their losses during the

war, to be laid before the house.

8. That the schoolmaster and a mariner on board his majesty's ship, the

Duke, do attend the said committee.

Six days after these orders passed, the said accounts and report were

presented to the house by the secretary of the admiralty.

There were also laid before them copies of above one hundred letters,

from and to the secretary of state, admirals, ambassadours, consuls,

commanders of his majesty's ships, and trading vessels; from the

commissioners of the sick and hurt seamen, with heads of a cartel for

exchange of prisoners; and memorials and representations from merchants.

Also a list of ships taken since the commencement of the war, and of the

prisoners made by the enemy, also letters from several of them relating

to their treatment, and from the captain-general of the province where

the said seamen were imprisoned, relating to an exchange; several

certificates and depositions, and a proposal by the lords of the

admiralty for a general exchange of prisoners; also copies of the orders

of the commissioners of admiralty to captains and commanders on the

enemy's coast.

Petitions from the wives of seamen taken prisoners; letters to and from

the principal officers of the enemy, prisoners in Britain, relating to

the exchange.

Certificates of the discharge of several prisoners, by the enemy, on

promise that a like number of the prisoners in Britain should be

discharged.

The secretary of the Admiralty also laid before the house a book of the

regulations and instructions relating to the sea-service, established by

his majesty in council.

These requisites being laid before the house of commons, they went into

a committee on the twenty-third day of their sitting, heard one of the

petitioners, several witnesses, and desired to sit again.

In the mean time were presented to the house seventeen other letters

concerning sea affairs, and an account when the East India company first

applied, since the war began, for a convoy to St. Helena, and when they

sailed, and what number of ships came under the said convoy, and on the

twenty-fifth day of sitting the committee heard more witnesses.

Next day they proceeded, when an account was brought in of the Spanish

prisoners released, by what orders, and on what conditions; also an

account of the number of seamen employed the last year, distinguishing

how many at home, and how many abroad, also of the number of ships and

vessels of war, distinguishing the rates.

The secretary of the admiralty also presented a list of the names of the

merchant ships, and the masters, as have behaved so negligently as to

delay the convoys from whom they had taken sailing orders, or that have

abandoned the same, or that have been any ways disobedient to the

instructions established for good government, with the narration of the

facts since the beginning of the war.

Also copies of the reasons given, in writing, by such commanders of his

majesty's ships as have been appointed in this war as cruisers on this

side cape Finisterre, for leaving their stations, or for coming into

port, before the time required by their orders, which papers were

sixty-one in number.

All which were referred to the said committee, and then they heard some

other evidence, and after farther proceeding desired leave to sit again.

Next day the secretary of the admiralty presented copies of all

applications for convoys for ships and cruisers, and what was done

thereon, which papers were above forty, of which eight were petitions to

get convoys for single ships.

All which papers and accounts were referred to the said committee, which

was to proceed again on the twenty-eighth day, but the houses were

desired to adjourn for fifteen days.

When the house met again, the said secretary presented copies of all

complaints made since the war began, to the commissioners of the

admiralty, against, or relating to commanders leaving the trade under

their convoy, or their stations, or for impressing seamen out of

outward-bound ships after clearance, or homeward-bound before they

reached their port, or for other misbehaviour, or injury done by them to

trade, with an account of what has been done thereupon.

These papers, including the complaints and the orders given thereupon,

which are much the greater part, with justifications from the

commanders, were in number forty; but we ought not to omit that amongst

them there is a representation of the Portugal merchants in favour of

one commander, captain Ambrose, who had taken several of the enemy's

privateers.

On the thirty-third day of sitting were presented, from the office for

the sick and wounded seamen, copies of the returns from such persons as

have been empowered to pay his majesty's bounty to the British subjects,

prisoners in the ports of Spain, distinguishing the number of men paid

each month, and what ships they belonged to, and when taken.

Also an account of the number of men who have been put sick on shore

from his majesty's ships, into the hospitals last year, distinguishing

how many died, and how many were returned to the ships, or run away, or

were otherwise disposed of.

Which papers were referred to the said committee, and the house went

into it, heard farther evidence, and the chairman desired leave to sit

again.

Accordingly they proceeded on this affair the thirty-fifth day, and

heard farther evidence.

On the thirty-seventh day more papers were laid before the house, being

three several orders issued by the admiralty to the commanders of his

majesty's ships in the ports of Portugal, or such as shall have occasion

to put into the said ports; also an estimate of the debt of the navy;

which were referred to the said committee, and the house went into it,

and came to several resolutions, which were reported the next day, and

are as follow.

The first resolution was, that it appeared to the committee, that

notwithstanding the repeated applications of the merchants for cruisers

to be properly stationed for the protection of the trade of this nation

from the privateers of Spain, the due and necessary care has not been

taken to keep a proper number of his majesty's ships employed in that

service, more especially in and near the Channel and soundings; for want

of which, many ships had been taken by the enemy, some of them of

considerable value, to the great loss of many of his majesty's subjects,

the great advantage and encouragement of the enemy, and the dishonour of

this nation. II. That the detention of the ships bound to Portugal for

near twelve months, by the refusal of protections for some time, and the

delay of convoys afterwards, gave our rivals in trade an opportunity of

introducing new species of their woollen manufactures into Portugal, to

the great detriment of this kingdom.

Upon this foundation, the house ordered that a bill be brought in for

the better protecting and securing the trade and navigation of this

kingdom in times of war; and that the lord mayor of London (since

deceased) and sir John BARNARD, do prepare and bring in the same.

On the first day of April, being the fifty-ninth of their sitting, the

lord mayor of London presented, according to order, a bill for the

better protecting and securing the trade and navigation of this kingdom

in time of war; and the same was received and read a first time, and

ordered to be read a second time, and to be printed.

By reason of some omission, we do not find when the bill was read a

second time; but, on the seventy-second sitting, a day was appointed to

go into a committee on the seventy-ninth, when they did, and made

several amendments, which were reported on the eighty-second day, and

with amendments to one of them, were agreed to, and ordered to be

engrossed. At their eighty-seventh sitting the bill was read a third

time and passed, and the lord mayor of London was ordered to carry the

bill to the lords, and desire their concurrence. And three days after it

was read by their lordships a first time, and is as follows; the words

within these marks [ ] showing how the blanks were filled up, and the

amendments made in its progress through the house of commons, with notes

of the words left out.

_An Act for the better protecting and securing of the trade and

navigation of this kingdom in times of war._

"Whereas it is necessary, in times of war, that a sufficient number of

ships should be appointed, and kept constantly employed, as cruisers, in

proper stations, for the protection and security of the trade and

navigation of this kingdom; be it enacted by the king's most excellent

majesty, by and with the advice and consent of both houses of the senate

in this present council assembled, and by the authority of the same,

that when and as often as this kingdom shall be engaged in war with any

kingdom or state in Europe, (over and above the ships of war for the

line of battle, and for convoys to remote parts,) such a number of ships

of war as shall be sufficient for the protection and security of the

merchant-ships, in their going out and returning home, shall be

constantly employed as cruisers, or for convoys, in and near the British

Channel and soundings, and in such other stations on this side cape

Finisterre, as shall by the lord high admiral, or commissioners for

executing the office of lord high admiral of Great Britain for the time

being, be judged most proper for that purpose; the aforesaid ships of

war to be careened at least [three] times in the year, or oftener, if

there be occasion; and that the seamen on board any such cruisers shall

not be turned over into any other ship or ships, but such only as shall

be appointed for cruising, or home convoys, according to the tenour of

this act.

(2.) "Provided always, and be it enacted by the authority aforesaid,

that nothing herein contained shall restrain, or be construed to

restrain, the lord high admiral or commissioners for executing the

office of lord high admiral for the time being, from directing any of

the ships which shall be appointed to be cruisers in pursuance of this

act, to be employed in the line of battle, (in case of great necessity,)

on this side cape Finisterre, without whose immediate direction, the

said ships shall be always cruising, or employed as home convoys, except

when they are careening or refitting.

(3.) "And be it enacted by the authority aforesaid, that the lord high

admiral, or commissioners for executing the office of lord high admiral

for the time being, shall, on or before the [first day of July next]

authorize and appoint a commissioner of the navy, or some one or more

person or persons, who shall constantly reside at such place or places

as his majesty shall direct; by virtue of which appointment, such person

or persons, in the place or places for which he or they shall be

appointed, shall superintend or oversee every thing relating to the

aforesaid cruisers; and shall take care that every thing necessary be

immediately provided for all and every the aforesaid cruising ships of

war, that shall come into any port by stress of weather, or to careen or

refit; and as soon as they or any of them are refitted, shall order all

or any of the said ships of war to put to sea again as soon as possible.

(4.) "And be it farther enacted by the authority aforesaid, that from

and after the said [first day of July] if any captain, or other officer

on board any of his majesty's ships of war, shall wilfully spring, carry

away, or lose any mast or masts of any such ship [Footnote: Left out,

_or ships_.], or shall make any false pretence or excuse for leaving the

station on which such ship or ships shall be appointed to cruise, or

shall return into port before the expiration of the term appointed for

his cruise, without just and sufficient reason for so doing, every

captain or officer offending in any of the aforesaid cases, [shall be

punished by fine, imprisonment, or otherwise, as the offence by a

court-martial shall be adjudged to deserve.]

(5.) "And to the intent that it may be the more easily known what

service the aforesaid cruisers shall every year perform, be it enacted

by the authority aforesaid, that the commissioner of the navy in each of

the outports, or such person or persons as shall, for that purpose, be

appointed by the lord high admiral, or commissioners for executing the

office of lord high admiral for the time being, shall transmit to him or

them, every [three months] a distinct and separate account digested into

proper columns, of the time when any of the ships appointed to be

cruisers, sailed out of port, when such ship came in, together with the

number of days, cast up, that such ship was out upon duty, and the

reasons of her putting into port, and the time and reasons of her stay

there; with an account how often, and the times when each of the said

ships have been careened every year; and that the lord high admiral, or

commissioners for executing the office of lord high admiral, for the

time being, shall cause copies of the said accounts to be laid before

both houses of the senate within [eight days] after their meeting.

(6.) "And be it farther enacted by the authority aforesaid, that the

lord high admiral, or commissioners for executing the office of lord

high admiral, for the time being, shall, on or before the said [first

day of July] nominate and appoint such a number of the ships of war, as

shall be sufficient for the purposes aforementioned, to be cruisers or

convoys on this side cape Finisterre for the current year; and shall

afterwards yearly, and every year, during the present or any future war,

between the [first day of November] and the [first day of December]

nominate and appoint a sufficient number of ships of war to be cruisers

or convoys on this side cape Finisterre for the year ensuing; and as

often as any of them shall happen to be taken or lost, shall, as soon as

may be, appoint others in the room of every ship so taken or lost.

(7.) "And whereas it is of the utmost importance to the trade of this

nation, that the captains or commanders of his majesty's ships of war

appointed for convoys to and from remote parts, should take due care of

the merchant ships committed to their charge; be it, therefore, enacted

by the authority aforesaid, that every captain or commander of any of

his majesty's ships of war, who, on or after the bill shall commence,

shall be appointed convoy or guard to any merchant ships or vessels, or

who shall have any merchant ships or vessels under his charge, do and

shall diligently attend upon such charge without delay, and in and

during the course of the voyage take the utmost care of such merchant

ships and vessels, and do and shall every evening see that the whole

number of the said merchant ships and vessels under his convoy be in

company with him; and in case he shall be obliged in the night time to

Jack, or alter his course, or lie-to, that he do and shall make the

proper signals, to give the merchant ships and vessels, under his

convoy, notice thereof; and if in the morning he shall find any of the

said merchant ships and vessels to be missing, he shall use his utmost

endeavours to rejoin them, and shall not willingly or negligently sail

away from, leave, or forsake such merchant ships or vessels, until he

has seen them safe, so far as he shall be directed to convoy them; and

in case any of the said merchant ships or vessels shall be in distress,

he shall give them all proper and necessary relief and assistance, as

far as he is able; and in case any such captain or commanding officer

shall refuse or neglect to do all or any of the matters aforesaid, every

such captain or commanding officer shall [be condemned to make

reparation of the damage to the merchants, owners, and others, as the

court of admiralty shall adjudge; and also be punished according to the

quality of his offence, as shall be adjudged fit by a court-martial.]

(8.) "And whereas it is of the utmost importance to our settlements in

America, and the trade thereof [Footnote: Left out, "in time of war."],

that the commanders of the ships stationed there, should use their best

endeavours for the protection and security of such trade, [and the

colonies there;] be it farther enacted by the authority aforesaid, that

[Footnote: Left out, "during the continuance of any such war."] none of

his majesty's ships, which shall be stationed at any of the said

settlements, shall quit or leave their stations under pretence of going

to careen or refit, or under any other pretence whatsoever, without an

especial order from the lord high admiral, or commissioners for

executing the office of lord high admiral, (or the commander in chief of

his majesty's ships of war in those seas, or in America, [Footnote:

These words were added.]) for the time being. [Footnote: Left out, "or

unless the commander or commanders of such ship or ships shall be

ordered off their station, to be employed in the line of battle in the

American seas, which shall not be done, but in cases of the greatest

necessity."]

(9.) "And to the end that it may appear what service the ships so

stationed shall perform, be it enacted by the authority aforesaid, that

the captain or commanding officer on board every such ship or vessel,

shall keep a distinct and separate account, digested into proper

columns, of the times when the said ship or vessel sailed out of port,

when such ship or vessel came in, the service she was upon, together

with the number of days cast up, that such ship or vessel was out upon

such duty, and shall cause the same to be fairly entered in one or more

book or books, to be kept for that purpose; such entries to be digested

in proper columns, and to be [every six months] transmitted [Footnote:

Left out, "together with the duplicates thereof."] to the captain or

commanding officer of every such station ship, to the lord high admiral,

or commissioners for executing the office of lord high admiral for the

time being, and shall also send duplicates of the said accounts at the

first opportunity.

(10.) [Footnote: This clause was added in the committee.] "And be it

farther enacted by the authority aforesaid, that the commanders of his

majesty's ships of war, on their arrival at any of the said settlements,

shall deliver a copy of the orders they shall have received from the

lord high admiral, or commissioners for executing the office of lord

high admiral of Britain for the time being, so far as they relate to the

protection of the said colonies, and of the trade of the said colonies,

to the governour and council of the respective colony or plantation

where they shall be stationed; which orders shall be entered into the

council books of such colony or plantation respectively; and the said

governour and council are hereby authorized and empowered to give such

directions in writing to the captains and commanders of such stationed

ships, as they shall think will be most for the protection and security

of their trade: and the said captains and commanders are hereby required

to conform to, and observe the same, provided the same do not contradict

the instructions they shall have received from the said lord high

admiral, or commissioners for executing the office of lord high admiral

for the time being."

The Works of Samuel Johnson, LL.D. Volume 11. Parlimentary Debates II. · 第 13 / 25 题