HOUSE OF LORDS, JUNE 1, 1742.

The bill for the security and protection of trade and navigation being

this day read a second time in the house of lords, the earl of

WINCHELSEA, who had lately accepted the chair at the admiralty board,

rose and spoke as follows:

My lords, I know not by what accident the numerous defects and general

impropriety of this bill have escaped the attention of the other house;

nor is there any necessity for examining the motives upon which it

passed, or of inquiring whether its reception was facilitated by the

popularity of the title, the influence and authority of those by whom it

was proposed, or the imaginary defects of our present regulations, which

have been on some occasions represented to be such as it is scarcely

possible to change but for the better.

The knowledge and experience of those who concurred in sending this bill

for your lordships' approbation, cannot but produce some degree of

prepossession in its favour; for how can it be imagined, my lords, that

men of great abilities and continual opportunities of observation,

should not be well versed in questions relating chiefly to their private

interest, and discover the nearest way to their own success!

And yet, my lords, it will be found that their sagacity has, perhaps,

never so apparently forsaken them as on this occasion, that no

proposition was ever laid before this house, in which more contracted

motives were discovered, and that the bill is such as might rather have

been expected from petty traders, unacquainted with the situation of

kingdoms, the interests of princes, the arts of policy, the laws of

their own country, and the conduct of former wars; than by merchants of

extensive traffick, general correspondence, and great attainments.

Before I proceed, my lords, to confirm the character of the bill by a

distinct consideration of the particular paragraphs, and an enumeration

of the several improprieties and defects which may be found in it, I

think it not superfluous or unseasonable to remark one general errour,

common to this with all other laws of the same kind, the errour of

prescribing rules to military operations, of attempting to fix what is,

in its own nature, variable, as it must depend upon external causes to

which the British legislature has yet found no means of extending its

authority.

To direct, upon remote conjectures and uncertain prospects, the conduct

of a commander, is, in my opinion, my lords, not more rational than to

trace upon a chart the course of a ship, and pronounce it criminal to

deviate from it. The one supposes a foreknowledge of the motions of the

wind, and the other of the counsels of our enemies; nor can any thing be

expected from such regulations, but overthrow and disgrace. I believe,

my lords, that in running over the histories of the world, and examining

the originals of the mightiest empires, and the sudden revolutions which

have been produced by the overpowering torrents of war, which, at

different periods of time, have swept the powers of the earth before

them, it will be found that all rapid conquests, and sudden extensions

of empire, have been effected by sovereign princes at the head of armies

which acted only by immediate command, that few memorable actions have

been performed by delegated commanders, and that of those few whose

names have descended to posterity, those have generally been most

successful who were invested with the largest powers, who acted without

control, and were at liberty to snatch every opportunity, and improve

every favourable conjuncture, without any necessity of communicating

their schemes, of waiting for the result of tedious deliberations, or of

soliciting a relaxation of former orders.

But, my lords, though, perhaps, all positive prescriptions of the

conduct of military undertakings have a tendency rather to obstruct than

promote success, yet as they may be drawn up with different degrees of

wisdom and sagacity, they may have a greater or less appearance of

usefulness and reason. Such as have been well concerted may afford

useful hints, though they ought not to be enacted with indispensable

obligations. And to consider even those in which less proofs of skill

and foresight can be discovered, may have, at least, this advantage,

that the proposals may not be speedily repeated, nor our counsels

embarrassed with absurd expedients. I shall, therefore, lay before your

lordships my opinion of every paragraph, and show what are the

objections which may be raised, both to the whole bill in general, and

to its particular clauses.

To the bill in general, it must be objected, that it is filled with

vague expressions, and ideas so indeterminate, that no man can tell when

he has obeyed it. Here are many rules ordered to be observed, when

_there shall be no just and sufficient reason_ for neglecting them, and

some operations to be performed as often _as there shall be occasion,_

and ships are to cruise in a certain latitude, unless _there is a

necessity of employing them elsewhere._

Did not the title of this bill, my lords, give it some claim to a

serious consideration; and did not the integrity and capacity of those

by whom it was drawn up, exempt them from contempt and ridicule, I

should be inclined to treat a law like this with some degree of levity;

for who, my lords, can be serious when his consent is desired to a bill,

by which it is enacted, that men shall act on certain occasions, as they

shall think most expedient?

Nor is this, my lords, the only instance of precipitancy and want of

consideration, for many of the injunctions are without any penal

sanction; so that though we should pass this bill with the greatest

unanimity, we should only declare our opinion, or offer our advice, but

should make no law, or what, with regard to the purposes of government,

is the same, a law which may be broken without danger.

But general objections, my lords, will naturally produce general

evasions; and a debate may be prolonged without producing any clear view

of the subject, or any satisfactory decision of a single question: I

shall, therefore, endeavour to range my objections in order, and, by

examining singly every paragraph of the bill, show the weakness of some

expedients, the superfluity of others, and the general unfitness of the

whole to produce the protection and security intended by it.

In the first clause alone may be found instances of all the

improprieties which I have mentioned to your lordships. It is proposed

that in a time of war between this empire and any other state, such a

number of ships shall be employed as cruisers or convoys in the Channel,

as the admiralty shall judge most proper for that purpose. What is this,

my lords, but to continue to the admiralty the power which has been

always executed? What is it but to enact that the ships shall be

stationed in time of war as the commissioners of the admiralty shall

determine and direct?

Of these ships, it is farther enacted, that they shall be careened three

times a-year, or oftener if there shall be occasion; but it is not

declared who shall judge of the necessity of careening, or who shall be

punished for the neglect of it when it is requisite, or for the

permission or command of it when it is superfluous.

There is yet another regulation, my lords, in this clause, which ought

not to be passed without remark. It is provided, that the sailors

employed in the cruisers and convoys in the Channel, shall not be turned

over but to other cruisers and convoys; by which, I suppose, it was

intended, that our outguards should be prevented from being weakened,

and that our merchants should never be destitute of protection; an end

truly laudable, and which deserves to be promoted by some establishment

better concerted. The expedient now proposed, seems to have been

contrived upon the supposition that the admiralty may not always be very

solicitous for the safety of the merchants, and that, therefore, it is

necessary to secure them by a law from the danger of being deprived of

protection; for, upon the present establishment, the removal of men from

one ship to another must be made by the permission of the admiralty; and

when the right of such permission shall by this law be taken away, what

new security will the merchants obtain? The admiralty will still have

the power, though not of turning over the men, yet of recalling the

ships, and commerce suffer equally in either case.

By the second clause, my lords, there is still a power reserved to the

admiralty, of dismissing these guardians of commerce from their

stations, and employing them _in case of great necessity_ in the line of

battle, on this side cape Finisterre. Not to cavil, my lords, at the

term of _great necessity,_ of which it is apparent that the

commissioners of the admiralty are to judge, I would desire to be

informed what measures are to be taken, if a royal navy should unluckily

rove beyond this cape, which is marked out as the utmost bound of the

power of the admiralty, and should there be reduced to the necessity of

engaging desperately with a superiour force, or retiring ignominiously

before it. Are not our ships to pass a single league beyond their

limits, in the honour or preservation of their country? Are they to lie

unactive within the sound of the battle, and wait for their enemies on

this side the cape?

The third clause, my lords, is, if not absurd like the former, yet so

imperfectly drawn up, that it can produce no advantage; for of what use

will it be to station an officer _where his majesty shall think fit?_ At

all the royal docks there are officers already stationed, and in any

other place what can an officer, deputed by his majesty, do more than

hire workmen, who will as cheerfully and as diligently serve any other

person? And why may not the captain of the vessel procure necessaries

for money, without the assistance of a commissioner?

In the fourth clause, my lords, nothing is proposed but what is every

day practised, nor any authority conferred upon the court of admiralty,

than that which it always possessed, of punishing those who disobey

their orders. The provision against the crime of wilfully springing a

mast, is at least useless; for when did any man admit that he sprung his

mast by design? Or why should it be imagined that such an act of

wickedness, such flagrant breach of trust, and apparent desertion of

duty, would in the present state of the navy escape the severest

punishment? Would not all the officers and mariners on board the ship

see that such a thing was wilfully done? Would not they cry out--"You

are springing the mast," and prevent it, or discover the crime, and

demand punishment?

The fifth clause, my lords, is without any penal sanction, and,

therefore, cannot be compulsive; nor is any thing of importance proposed

in it, which is not already in the power of the senate. Either house may

now demand an account of the stations and employments of the ships of

war; nor does the senate now omit to examine the conduct of our naval

affairs, but because our attention is diverted by more important

employments, which will not by this bill be contracted or facilitated.

The use of the provision in the sixth clause, my lords, I am not able to

conceive; for to what purpose, my lords, should the ships appointed for

any particular service be nominated at any stated time? What consequence

can such declarations of our designs produce, but that of informing our

enemies what force they ought to provide against us? In war, my lords,

that commander has generally been esteemed most prudent, who keeps his

designs most secret, and assaults the enemy in an unguarded quarter,

with superiour and unexpected strength.

In the seventh clause, many regulations are prescribed to the commanders

of those ships which are appointed to convoy the trading vessels. These

regulations, my lords, are not all equally unreasonable, but some of

them are such as it may, on many occasions, be impossible for the

commanders of his majesty's ships to observe in such a manner as that

the masters of merchant ships may not imagine themselves neglected or

forsaken. The captain of the convoy may be, therefore, harassed by them

with prosecutions, in which it may be difficult to make his innocence

appear. The convoy may be sometimes accused of deserting the traders,

when the traders in reality have forsaken the convoy, in confidence that

they should either arrive safe at the port without protection, or be

able, if they should happen to fall into the enemy's hands, to charge

their misfortune upon the negligence of their protector.

The eighth clause, my lords, is so far from being such as might be

expected from merchants, that it seems rather to have been drawn up by

men who never saw the sea, nor heard of the violence of a storm. For who

that had the slightest idea of the uncertainty and hazard of a sailor's

condition, who that had been ever told of a shipwreck, or but looked on

the pictures of naval distress, would propose that no ship should retire

to a harbour, or quit the station to which it was assigned, _on any

pretence whatsoever_ without permission, which sometimes could not be

obtained in many months, and which never could be received soon enough

to allow of a remedy for sudden disasters, or pressing calamities. It

might with equal reason be enacted, that no man should extinguish a fire

without an act of the senate, or repel a thief from his window, without

a commission of array.

It is happy, my lords, that this clause is not enforced by a penalty,

and, therefore, can never have the obligatory sanction of a law; but

since it may reasonably be supposed, that the authors of it intended

that the observation should be by some means or other enjoined, let us

examine how much security it would add to our navigation, and how much

strength to our naval power, if the breach of it had been made capital,

which is in itself by no means unreasonable; for what punishment less

than death can secure the observation of a law, which, without the

hazard of life, cannot be obeyed?

Let us, therefore, my lords, suppose a crew of gallant sailors surprised

in their cruise by such a hurricane as is frequent in the American seas,

which the highest perfection of skill, and the utmost exertion of

industry has scarcely enabled them to escape; let us consider them now

with their masts broken, their ship shattered, and their artillery

thrown into the sea, unable any longer either to oppose an enemy, or to

resist the waves, and yet forbidden to approach the land, and cut off

from all possibility of relief, till they have represented their

distress to some distant power, and received a gracious permission to

save their lives.

Misery like this, my lords, admits no exaggeration, nor need I dwell

long on the absurdity of establishing regulations which cannot be

observed, and which if they were enforced by any sanctions,

proportioned, as all penal sanctions ought to be, to the temptations of

violating them, must drive all our sailors into foreign service, or urge

them, upon the first distress, to defiance of law, and fill America with

pirates, and with rebels.

By the ninth clause, my lords, nothing is proposed but a relaxation of

the present discipline. It requires, that the commanders of ships of war

shall send only once in six months those accounts of their conduct and

their service, which they are at present obliged to transmit by every

ship that returns from America; so that by passing this bill, we shall

only be disabled from receiving regular and seasonable informations of

the transactions of our distant squadrons and colonies, shall be

disturbed with groundless suspicions, and tortured with unnecessary

suspense.

I have arrived at length at the last clause, a clause, my lords, worthy

to be the concluding paragraph of a bill like this; a clause in which

the power of the admiralty is communicated to the governours of our

colonies; men, my lords, not hitherto much celebrated for their

superiour wisdom, moderation, or integrity; of whom, at least, it is no

reproach to assert, that they are known to be, for the most part, wholly

unacquainted with maritime affairs, and very little famed for military

knowledge; and of whom it is above all to be considered, that they

generally commence merchants at their arrival in America, and may more

probably direct ships sent to guard the colonies, to stations in which

they may preserve their own vessels, than to those where they may

contribute most to the general security of trade.

Thus my lords, I have examined without prejudice every paragraph of this

bill, and believe, that from the objections which I have made, it

appears now plainly to your lordships, that all the regulations which

are of any use, are such as are already established by long custom, or

by former statutes; and such, therefore, as it is unnecessary to mention

in a new law; and that whatever is here to be found new, is absurd,

unintelligible, or pernicious.

This bill, my lords, is said to be founded on the act made for the same

purpose, in the wars of the queen Anne; but I cannot forbear to observe,

that the original law, though not one of those to which much of the

success of that war is to be ascribed, was drawn up with more

discernment than the bill before us. It was, at least, intelligible; the

number of cruisers was limited, and it was, therefore, possible to know

when it was obeyed; but of this bill I can confidently assert, that as

no man can understand, so no man can observe it.

I have spoken more largely, my lords, on this occasion, because this

bill relates particularly to my present employment, in which, as I

desire to do my duty, I desire to know it; and, surely, I cannot be

condemned by your lordships for opposing a bill, of which the only

tendency is to make my province difficult, to render one part of my

office inconsistent with another, and engage me in the task of

superintending the execution of impracticable measures.

What influence my arguments will have upon your lordships, I cannot

foresee. As every man flatters himself that his own opinions are right,

I hope to find this house concurring in my sentiments; but whatever may

be the determination of your lordships, I am so fully convinced of the

pernicious tendency of this bill, and the embarrassments which must be

produced by an attempt to execute it, that if it be not rejected by this

house, I shall willingly resign my office to others of more courage, or

of greater abilities; for I can have no hopes of performing my duty

under these restrictions, either to my own honour, or to the advantage

of my country.

The duke of BEDFORD spoke next, to the following effect:--My lords,

though the noble lord has produced very specious arguments against every

paragraph of the bill before us, and though many of his observations are

just, and some of his objections not easily to be answered, yet I cannot

admit that it will produce those fatal consequences which he seems to

foresee, nor am yet convinced that it will be either pernicious or

useless.

It has always, my lords, been the practice of this house, to attend to

every proposal for the publick advantage, to consider it without any

regard to the character of those by whom it is offered, and to approve

or reject it upon no other motives than those of justice and reason.

The same equity and prudence has always influenced your lordships to

distinguish between the several parts of the same bill; to reject those

expedients, of which, however plausible, either experience or reason may

discover the impropriety, and to retain those from which any real

benefit can reasonably be expected. We should never throw away gold

because it is mingled with dross, or refuse to promote the happiness of

the nation, because the expedients which were offered for that end

happened to be conjoined with some others of a disputable nature.

By the prosecution of this method, a method, my lords, too rational and

just to be neglected or forgotten, I doubt not but this bill, which, as

I shall readily admit, is not yet perfect, may be improved into a law,

from which the nation will receive great advantages, by which our trade

will be extended, and our riches increased.

Many of the clauses, my lords, may, in my opinion, admit of an easy

vindication, others may be amended by very slight alterations, and very

few are either wholly useless, or manifestly improper.

The chief defect of the first clause is such, that the noble lord has,

by declaring his disapprobation of it, given a very uncommon proof of

his integrity, disinterestedness, and moderation; for it is imperfect

only by placing too much confidence in the admiralty, which is left in

full power to determine the number of cruisers in or near the Channel

and soundings.

The noble lord has remarked, that the act of queen Anne, on which the

present bill is founded, exacted a determinate number of ships to be

employed in this particular service, and that it was, therefore, more

prudently drawn up than the present bill. But I cannot see the wisdom of

diminishing the authority of the lord high admiral; for had that act

been extended in the same manner to other services, it would have left

him only the name and shadow of an office, without power and without

use.

This clause, my lords, rightly understood, is only a declaration of

confidence in his majesty's officers, an evident confession of their

abilities to discern the interest of the publick, and of their zeal for

the prosecution of it.

With as little reason, my lords, can it be objected, that the ships are

required to be careened three times a-year. The necessity of careening

frequently those ships, of which the chief use arises from their

celerity, every sailor can declare to your lordships; nor will any man

whom his employments or his amusements have made acquainted with

navigation, allege that any thing is proposed in the bill, which it

would not be detrimental to the publick service to neglect.

It has been objected by the noble lord, that they are directed to be

careened _oftener, if there be occasion_; terms by which a discretionary

power is implied, of which yet it does not appear in whose hands it is

lodged. Let us consider, my lords, what inconvenience can arise from the

clause as it now stands, and what corruption or negligence can be

encouraged by it.

The discretionary right of bringing the ship into the ports to be

careened oftener than thrice a-year, must be, without controversy,

placed in the captain; for none but those that are in the ship can

discover the necessity of careening it, or know the inconveniencies that

are produced by the adhesion of extraneous substances to its sides and

bottom.

I own, my lords, it may be objected, that every captain will, by this

clause, be furnished with an excuse for deserting his station at

pleasure; that under pretence of uncommon ardour to pursue the enemy, he

may waste his time in endless preparations for expedition; that he may

loiter in the port to careen his ship; that before it is foul he may

bring it back again, and employ the crew in the same operation; and that

our merchants may be taken at the mouth of the harbours in which our

ships of war lie to be careened.

But, my lords, it is to be remembered, that in the third clause a

commissioner is appointed, by whom accounts are regularly to be

transmitted to the admiralty, of the arrival and departure of every

ship, and by whom the conduct of every captain is to be inspected; and

that he may easily detect such truant commanders, as shall careen their

ships only for the sake of deserting their stations.

Nor can the merchants suffer by any negligence or corruption of the

captains, because it is intended that the place of every ship returning

into port shall be supplied by another; and that the same number shall

be always in the same station, unless more important service makes them

more necessary in another place.

This proviso, my lords, a proviso undoubtedly reasonable, is established

in the second clause, but has not had the good fortune to escape the

censure of the noble lord, who has inquired, what must be the conduct of

the commanders of cruising vessels, if a seafight should happen beyond

the cape, which they are in this clause forbidden to pass?

That the clause may admit of expressions not only more proper, but more

agreeable to the intention of those by whom it was drawn up, I cannot

deny; for I suppose it very far from their design to limit the

operations of our navy to any part of the ocean, and am confident that

they meant only that the cruisers should not be despatched to such a

distance from their stations, as that our coasts should be left long

unguarded, or the enemy have time to collect his forces, and pour his

navies or his privateers upon our defenceless traders.

If by the commissioners mentioned in the third clause be intended a new

swarm of officers, the proposition is such as I confess myself very far

from approving; for it will be to little purpose that we protect the

trade, if we invent new commissioners to devour its profits; nor can we

hope for any other consequence from additional wealth, if it be procured

by increasing the influence of the crown, but that we should become a

more tempting prey to the harpies of a court.

But, my lords, to accomplish all that is intended by this clause, there

is not any need of new officers; for there are not many ports in which

ships of war can be commodiously careened, and perhaps there is not one

which can be used for this purpose, in which there is not already some

officer of the crown, whose employment allows him leisure sufficient for

the execution of a new charge, and whose present salary will afford an

ample recompense for some casual addition of employment.

The fourth clause, in which is provided that no commander shall wilfully

spring his mast, or desert his station, is such as I should be willing,

with the noble lord, to think unnecessary; but must appeal to your

lordships, whether the late conduct of the convoys has not too evidently

shown the defect of our present establishment.

The injuries, my lords, which the publick may suffer by the negligence

of the commanders of the ships of war, are such as it is worthy of the

legislature to obviate with the utmost caution; and, therefore, it is by

no means improper to enact a punishment for those who shall, upon any

false pretences, leave their station; for though such neglect of duty

is, in the present state of our naval establishment, considered as

disreputable and irregular, yet it does not appear that it has been

censured with the detestation which it deserves, or punished with the

severity necessary to its prevention.

It is observed, my lords, with relation to the following paragraph, that

either house may, at present, require accounts of the conduct of the

captains of the navy, and that, therefore, it is unnecessary to provide,

by any new law, that they shall be laid before them; but if it be

considered, my lords, how many inquiries, which we have a right to make,

are year after year constantly omitted, and how many may be excited by

curiosity to read accounts which lie before them, who yet will not move

the house to demand the accounts, or engage in the debate which such a

motion may produce, it will not be thought unnecessary to provide, that

they shall be subject to examination without the formality of a regular

vote.

As to the sixth clause, my lords, which regards the nomination of

convoys at a certain time, I can discover no reasonable objection to

such a provision, or none that can preponderate against the advantages

which may arise from it. By the certain establishment of convoys, the

value of insurance may be nearly fixed; merchants will know what

confidence is to be reposed in the force of the ships, and, what they

have, perhaps, had of late equal reason to examine, how much trust can

be placed in the fidelity of the commanders.

The nomination of convoys, my lords, is, in my opinion, more likely to

affright our enemies, and to deter their attempts, than to encourage

them by the information which it will afford them; for nothing but our

own negligence can conceal from us the naval strength of any power on

earth; and we may always, while we are careful to preserve our maritime

superiority, protect our merchants so powerfully, that none of our

enemies shall be incited to attack them by the knowledge of the number

and force of the ships appointed for their defence.

I come now, my lords, to the seventh clause; and surely to ascertain the

duties of the captains to whose protection our trading vessels are

intrusted, cannot appear superfluous to any of your lordships, who have

read the lists of our losses, heard the complaints of our merchants, or

made any inquiry into the conduct of our sea captains. There is, I fear,

too much reason to believe, that some of them have, with premeditated

design, deserted the traders in places where they have known them most

exposed to the incursions of the enemy; and it is to the last degree

evident, that others have manifested such contempt of the merchants, and

such a disregard of their interest, as may most justly expose them to

the suspicion of very criminal negligence, of negligence which no

community can be too watchful against, or too severely punish.

It has been affirmed by the noble lord, that it is not equitable to

subject the commanders of convoys to penalties for the loss of the

trading vessels, which may, perhaps, either rashly or negligently quit

their protection. That it is not reasonable to subject them to

penalties, is undoubtedly true; but, my lords, it is far from being

equally certain, that it is not just to expose them to a trial, in a

case in which it must be almost impossible to determine falsely; in a

case where the crews of, perhaps, twenty ships may be called as

witnesses of their conduct, and where none, but those whose ship is

lost, can be under the least temptation to offer a false testimony

against them.

On this occasion, my lords, it may not be improper to obviate the

objection produced by the seeming omission of penal sanctions, which is

only another proof of implicit confidence in the officers of the

admiralty, who have already the power, allowed to military courts, of

proceeding against those who shall deviate from their orders. This

power, which is in a great degree discretionary, it was thought improper

to limit, by ascertaining the punishment of crimes, which so many

circumstances may aggravate or diminish; and, therefore, in my opinion,

this clause is far from being so defective as the noble lord represented

it.

The last three clauses, by which the ships in America are prohibited to

leave their station, by which it is required that accounts should be

once in six months transmitted to the admiralty, and by which the

captains are subjected to the command of the governours of our colonies,

are, in my opinion, justly to be censured. The first is impossible to be

observed, the second is unnecessary, and the third will probably produce

more inconveniencies than benefits.

Thus, my lords, I have endeavoured to show, that this bill, though not

perfect, is yet such as, with some emendations, may produce great

advantages to the traders of this empire. For, though it is undoubtedly

a just observation, that the success of military attempts cannot be

promoted by rigid restrictions and minute regulations, yet it is equally

certain that no nation has yet been so fortunate as to be served by men

of integrity superiour to laws, or of wisdom superiour to instructions;

and every government has found it necessary to direct the conduct of its

officers by general rules, though they have been allowed to comply with

particular circumstances, and to give way to sudden accidents.

I think it, therefore, my lords, necessary to propose, that this bill

shall be more particularly examined in a committee, that, after having

received the necessary explanations and amendments, it may be referred

again to the other house.

Lord DELAWARE rose next, and spoke to the purpose following:--My lords,

the noble duke has, by his arguments in favour of this bill, given a

very eminent proof of great abilities; he has shown every clause in that

light which may least expose to view its improprieties and defects; but

has at length only shown, that it is not impossible to make a useful

law, for the purposes mentioned in the title of this bill; not that any

of the expedients, now proposed, will afford the desired advantage to

the publick, or obviate any of the inconveniencies of which the traders

have been so long and so importunately complaining.

This bill, my lords, is, indeed, founded upon a law made in a reign

celebrated for the wisdom of our conduct and the success of our arms;

but it will not, I suppose, be asserted, that nothing was, even in that

period, ill conducted; nor will it be an argument, sufficient for the

justification of an expedient, that it was practised in the victorious

reign of queen Anne.

If we inquire into the consequences of that law, we shall find no

inducement to revive it on this or any future occasion. For it had no

other effect than that of exposing us to our enemies by dividing our

forces; a disadvantage of which we soon found the effects, by the loss

of two large ships of seventy guns, and of a multitude of trading

vessels, which, by that diminution of our naval armament, necessarily

fell into the hands of privateers and small cruisers, that ravaged the

ocean without fear or molestation.

If we examine the present establishment of our navy, my lords, it will

be discovered, that nothing is proposed in this bill, which is not more

efficaciously performed by the methods now in use, and more judiciously

established by laws, of which long experience has shown the usefulness.

This, my lords, will easily appear from the perusal of the orders which

every commander of a convoy regularly receives, and of the printed

rules, established by his majesty in council, for the royal navy.

In these, my lords, much more is comprehended than can properly be

inferred in a law not occasionally variable; nor do I think any thing

omitted, which an experienced and candid inquirer will think useful to

the increase of our naval strength, or necessary to the protection of

our commerce.

In considering this bill, I shall not trouble your lordships with a

minute consideration of every single paragraph, though every paragraph

might furnish opportunity for animadversions; but shall content myself

with endeavouring to evince the reasonableness of some of the objections

made by the noble lord who spoke first, and enforcing his opinion with

such arguments as have occurred to me, though, indeed, it requires no

uncommon sagacity to discover, or superiour skill in ratiocination to

prove, that where this bill will produce any alteration in our present

scheme, it will manifestly change it for the worse.

For surely, my lords, it will not be necessary to show, by any elaborate

and refined reasoning, the absurdity of confining cruisers to particular

stations, with an absolute prohibition to depart from them, whatever may

be the certainty of destruction, or prospect of advantage.

If the intention of cruising ships is to annoy the enemies of the

nation, ought they to be deprived of the liberty of pursuing them? If

they are designed for the protection of our merchants, must they not be

allowed to attend them till they are out of danger.

Every one, my lords, has had opportunities of observing, that there are

men who are wholly engrossed by the present moment, and who, if they can

procure immoderate profit, or escape any impending danger, are without

the least solicitude with regard to futurity, and who, therefore, live

only by the hour, without any general scheme of conduct, or solid

foundation of lasting happiness, and who, consequently, are for ever

obliged to vary their measures, and obviate every new accident by some

new contrivance.

By men of this disposition, my lords, a temper by which they are

certainly very little qualified for legislators, the bill now before us

seems to have been drawn up; for their attention is evidently so engaged

by the present occurrences, that there is no place left for any regard

to distant contingencies. The conclusion of this war is to them the

period of human existence, the end of all discord and all policy. They

consider Spain as the only enemy with whom we can ever be at variance,

and have, therefore, drawn up a law, a law without any limitation of

time, to enable us to oppose her. They have with great industry and long

searches discovered, that cruisers on this side cape Finisterre, may be

of use against the Spaniards, and propose, therefore, that in all times

of war they are to be despatched to that individual station, though we

should be engaged in disputes with the northern crowns, or fit out

fleets to make conquests in the East Indies.

In all our wars, my lords, however judiciously concerted, and however

happily concluded, the pleasures of success have been abated by the

mortification of losses, and some complaints have been at all times

mingled with the shouts of triumph. How much soever the glory of the

nation has been elevated, the fortunes of particular persons have been

impaired, and those have never thought themselves recompensed by the

general advantages of the publick, who have suffered by the acquisition

of them; they have always imagined themselves marked out for ruin by

malevolence and resentment, and have concluded that those disasters

which fell upon them only by the common chance of war, were brought on

them by negligence or design.

The losses of our merchants in the present war must be acknowledged to

have been more than common, but if we examine accurately into the causes

that may be assigned for so great a number of captures, we shall find

them such as this law will have no tendency to remove, such as might be

easily imagined before the commencement of hostilities, and such as it

will be extremely difficult on any future occasion of the same kind, to

hinder from producing the same effects.

The first and greatest cause, my lords, of the number of our losses, is

the number of our ships, which cannot all be sufficiently protected. The

extent, therefore, of our commerce, in proportion to that of our

enemies, exposes us to double disadvantage; we necessarily lie open in

more parts to the depredations of privateers, and have no encouragement

to attempt reprisals, because they have few ships of value to be seized.

The profit of our commerce naturally withholds our sailors from our

ships of war, and makes part of our navy an idle show; the certainty of

plunder incites them to turn their merchant ships into cruisers, and to

suspend their trade for more profitable employment. Thus they at once

increase the number of plunderers, and take away from us the opportunity

of repairing our losses by the same practice.

And, my lords, if the losses of our merchants have been greater than in

former wars, our trade is more extensive, and our ships far more

numerous. Nor is it to be forgotten that a very important part of our

commerce is carried on before the eyes of the Spaniards, so that they

may issue out upon our merchants from their own coasts, and retire

immediately beyond danger of pursuit.

But, my lords, neither the situation of Spain, nor the extent of our

commerce, would have made this war so destructive, had not our merchants

sometimes facilitated the attempts of our enemies by their own

negligence or avarice.

I have been informed, my lords, that as the masters of trading vessels

complain of having been deserted by their convoys, the captains of the

ships of war have, in their turn, exhibited such representations of the

conduct of the trading masters, as may prove that their caution is not

proportioned to their clamour, and that in however melancholy terms they

may recount the miseries of captivity, the calamities of ruined

families, and the interruption of the trade of Britain, they will not

endeavour to escape their enemies at the expense of much circumspection,

and that the prospect of no large profit will be sufficient to

overbalance the danger of those evils which they so pathetically lament.

It is not uncommon, my lords, when the fleet has entered the open seas,

for the traders to take different courses both from the convoy and from

each other, and to disperse themselves beyond the possibility of

receiving assistance in danger or distress; and what wonder is it if

part of them be lost, since only part of them can be protected?

It may be imagined, my lords, that this is only an excuse forged by the

commanders to cover their own negligence or treachery. It may be asked,

what motives could induce the merchants to expose themselves to

unnecessary dangers, or what proofs they have ever given of such wild

negligence of their own interest or safety, as that they should be

suspected of rushing precipitately into the jaws of rapine?

This, my lords, is an objection specious in itself, and such as those

who have not inquired into the present state of our traffick will not

very readily discover to be fallacious; but it may easily be removed, by

showing that the danger of being taken by the enemy is generally not so

great to those who have the direction of the ship as it is commonly

believed.

By the present custom of insurance, my lords, the merchant exempts

himself from the hazard of great losses, and if he insures so much of

the value of the ship and cargo, that the chance of arriving first at

market is equivalent to the remaining part, what shall hinder him from

pressing forward at all events, and directing his course intrepidly

through seas crowded with enemies?

It is well known, my lords, that there is, in a great part of mankind, a

secret malignity, which makes one unwilling to contribute to the

advantage of another, even when his own interest will suffer no

diminution; nor is it to be imagined, that this disposition is less

predominant in traders than in the other classes of the community,

though it is exerted on different occasions. The envy of one part of

mankind is excited by reputation, or interest, or dignity, or power. The

trader, for the most part, envies nothing but money, in which he has

been taught from his infancy that every human excellence is

comprehended, and contributes to the increase of the riches of another,

with the same unwillingness with which a soldier would concur in the

advancement of an inferiour officer to a post of higher rank and

authority than his own.

For this reason, my lords, there is generally a malevolence in the

merchant against the insurer, whom he considers as an idle caterpillar,

living without industry upon the labours of others, and, therefore, when

he lays down the sum stipulated for security, he is almost in suspense,

whether he should not prefer the loss of the remaining part of the value

of his vessel to the mortification of seeing the insurer enjoy that

money, which fear and caution have influenced him to pay.

This disposition, undoubtedly, inclines him to proceed with less regard

to his own security, and betrays him into dangers which it was, at

least, possible to avoid; for to what purpose, says he, have I insured

my ship if I am not to be set free from the necessity of anxiety and

caution? If I arrive safely at the port, I shall dispose of my

commodities with uncommon advantage; if I miscarry, the insurer will at

least suffer with me, and be deservedly punished for his suspicions and

extortion.

I doubt not but some of your lordships will imagine, that I am now

indulging chimerical speculations, that I am ascribing great force to

weak motives, and supposing men to act upon principles which, in

reality, never operated in the human breast. When I think

disadvantageously of others, my lords, I am, indeed, always desirous to

find myself mistaken, and shall be pleased to hear on this occasion from

any of your lordships, who have conversed at large among mankind, that

it is not common for one man to neglect his own interest for fear of

promoting that of another. In the present question, my lords, I have

only supposed that envy may be one motive among many, and wish its

influence were so small, as that it might have been less proper to

mention it.

The practice of insurance, my lords, whether it contributes or not to

the number of the captures, undoubtedly increases the clamour which they

occasion; for as the loss is extended, the complaint is multiplied, and

both the merchant and insurer take the liberty of censuring the conduct

of the naval officers, and of condemning the measures of the government.

The ministry is charged with neglecting the protection of commerce, with

oppressing the merchants, and with conniving at the enemy's

preparations; that they who most eagerly solicited the war, may be the

first that shall repent it.

Another cause of the frequency of our losses in the present war, is the

general circulation of intelligence throughout Europe, by which it is

made impossible to conceal from our enemies the state of our armies, our

navies, or our trade. Every regiment that is raised, every ship that is

built, every fleet of trading vessels that lies waiting for the wind, is

minutely registered in the papers of the week, and accounts of it

transmitted to every nation of the world, where curiosity or interest

will pay for information. The Spaniards, therefore, need only regulate

their schemes according to their instructions from Britain, and watch

those fleets which are frequently sent out, for they may be confident

that some masters will wander from their protectors, enticed by avarice,

negligence, or temerity, and that they shall have opportunities of

enriching themselves without the necessity of engaging the convoy.

To protect ships which are to be steered each at the will of the master,

is no less impossible, my lords, than to conduct an army of which every

private man is at liberty to march according to his own caprice, to form

and pursue his own plan of operation, and to dispute and neglect the

orders of his leader. Nor is it more reasonable to subject the captains

of the ships of war to penalties for the loss of a vessel, over which

they have no authority, than to require from an officer in the army an

account of the lives of men, who perished by disobeying his commands.

In my opinion, my lords, we might, with far greater probability of

success, revive a precedent that may be found in the reign of king

William, in which it was appointed by an order of council, that the name

of every ship which went out with a convoy should be registered, and

that the owners should give security to provide a sufficient number of

arms and a proper quantity of ammunition to assist the imperial ships in

annoying or repelling the enemy; with one injunction more of the utmost

importance to the efficacious protection of our commerce, and which,

therefore, in every war ought to be repeated and enforced; an injunction

by which the masters of the ships of trade were required to obey the

directions of the commander of the convoy.

That some measures ought to be concerted for the preservation of our

trade I am very far from denying, and shall willingly concur in such as

shall to me appear likely to promote the end proposed by them. Our

losses, my lords, are undoubtedly great, though I believe far less than

they are reported by discontent and malevolence; for if a ship be

delayed by an accidental hinderance, or kept back by contrary winds for

a few days, there are men so watchful to snatch every opportunity of

reproaching the measures of the government, that a clamour is

immediately raised, the ship is taken, the merchants are sacrificed, and

the nation betrayed.

While this report is conveyed from one to another, and, like other

falsehoods, increasing in its progress; while every man adds some

circumstance of exaggeration, or some new proof of the treachery of the

ministry, the ship enters the port, and puts an end, indeed, to the

anxiety of the owners and insurers, but by no means pacifies the people,

or removes their prejudices against the conduct of their governours; for

as no man acknowledges himself the first author of the report, no man

thinks himself under any obligation to retract or confute it, and the

passions of the multitude, being once in commotion, cannot be calmed

before another opportunity of the same kind may be offered for agitating

them afresh.

To the expectations of the people, my lords, it is always proper to have

some regard, nor is there any valuable use of power but that of

promoting happiness, and preventing or removing calamities; but we are

not to endeavour to pacify them by the appearance of redress, which, in

reality, will only increase those evils of which they complain, nor to

depress the reputation of this assembly by passing laws which the

experience of a single month will prove to be of no use.

Of this kind, my lords, the bill now before us has been shown by the

noble lord that spoke first on this occasion; by whom every clause has

been discovered to be either defective or unnecessary, and who has

evinced, beyond all possibility of reply, that the regulations here

proposed can be divided only into two kinds, of which one is already

established either by law or prescription, and the other cannot be

admitted without apparent injury both to our navy and our trade.

Part of the clauses the noble duke has, indeed, attempted to defend, but

has been obliged by his regard to reason and to truth, to make such

concessions, as are, in my opinion, sufficient arguments for the

rejection of the bill. He has admitted of almost every clause that it is

imperfect, that it may be amended by farther consideration, and that,

though not wholly to be neglected, it yet requires some farther

improvements to become effectual to the advantage of our merchants.

The last three clauses, his natural abilities and just discernment

immediately showed him to be indefensible; and he has too much regard to

the interest of his country to attempt the vindication of a bill, which

could not be passed without weakening it by impairing its naval force,

and, yet more sensibly, by diminishing the reputation of its

legislature.

I hope, therefore, my lords, that I shall not undergo the common censure

of disregard to our commercial interest, or be ranked amongst the

enemies of the merchants, though I declare, that in my opinion, this

bill ought to be rejected as unnecessary and injudicious, and that we

should only, by considering in a committee what no consideration can

amend, waste that time in a fruitless attempt, which may be spent much

more usefully upon other subjects.

Lord CARTERET spoke next, to the following purpose:--My lords, though I

do not approve equally of every part of the bill now before us, though I

think some of the provisions unnecessary, others unlikely to produce any

beneficial effects, and some already established by former acts of the

senate, or rules of the admiralty, yet I cannot agree with the noble

lord that it is unworthy of farther consideration.

In my opinion, my lords, it is necessary, for many reasons, to amend

this bill rather than reject it; and I hope, that when I shall have laid

before you the result of those inquiries and those reflections which I

have made on this occasion, your lordships will judge it not improper to

refer it to a committee.

Nothing, my lords, is more necessary to the legislature than the

affection and esteem of the people; all government consists in the

authority of the _few_ over the _many_, and authority, therefore, can be

founded only on opinion, and must always fall to the ground, when that

which supports it is taken away.

For this reason, my lords, it is worthy of this most august and awful

assembly, to endeavour to convince the people of our solicitude for

their happiness, and our compassion for their sufferings; lest we should

seem elevated by the casual advantages of birth and fortune above regard

to the lower classes of mankind; lest we should seem exalted above

others only to neglect them, and invested with power only to exert it in

acts of wanton oppression; lest high rank should in time produce hatred

rather than reverence, and superiority of fortune only tempt rapine and

excite rebellion.

The bill now under our consideration, my lords, cannot be rejected

without danger of exasperating the nation, without affording to the

discontented and malevolent an opportunity of representing this house as

regardless of the publick miseries, and deaf to the cries of our

fellow-subjects languishing in captivity, and mourning in poverty. The

melancholy and dejected will naturally conceive us inebriated with

affluence, and elated with dignity, endeavouring to remove from our eyes

every spectacle of misery, and to turn aside from those lamentations

which may interrupt the enjoyment of our felicity.

Nor, indeed, can it be justly said, that such representations are

without grounds, when we consider the important occasion on which this

bill is drawn up, the bitterness of those calamities which it is

intended to redress, and the authority by which it is recommended to us.

It may naturally be expected, my lords, that the title of a bill for the

protection and security of trade, should raise an uncommon degree of

ardour and attention; it might be conceived that every lord in this

house would be ambitious of signalizing his zeal for the interest of his

country, by proposing, on this occasion, every expedient which

experience or information had suggested to him; and that instead of

setting ourselves free from the labour of inquiry and the anxiety of

deliberation, by raising objections to the bill and rejecting it, we

should labour with unanimous endeavours, and incessant assiduity, to

supply its defects, and correct its improprieties; to show that a design

so beneficial can never be proposed to us without effect, and that

whenever we find honest zeal, we shall be ready to assist it with

judgment and experience.

Compassion might likewise concur to invigorate our endeavours on this

occasion. For who, my lords, can reflect on families one day flourishing

in affluence, and contributing to the general prosperity of their

country, and on a sudden, without the crime of extravagance or

negligence, reduced to penury and distress, harassed by creditors, and

plundered by the vultures of the law, without wishing that such

misfortunes might by some expedient be averted? But this, my lords, is

not the only nor the greatest calamity, which this bill is intended to

prevent. The loss of wealth, however grievous, is yet less to be dreaded

than that of liberty, and indigence added to captivity is the highest

degree of human misery. Yet even this, however dreadful, is now the lot

of multitudes of our fellow-subjects, who are languishing with want in

the prisons of Spain.

Surely, my lords, every proposal must be well received that intends the

prevention or relief of calamities like these. Surely the ruin of its

merchants must alarm every trading nation, nor can a British senate sit

unconcerned at the captivity of those men by whom liberty is chiefly

supported.

Of the importance of the merchants, by whom this bill is recommended to

our consideration, and by whose influence it has already passed the

other house, it is not necessary to remind your lordships, who know,

that to this class of men our nation is indebted for all the advantages

that it possesses above those which we behold with compassion or

contempt, for its wealth and power, and perhaps for its liberty and

civility. To the merchants, my lords, we owe that our name is known

beyond our own coasts, and that our influence is not confined to the

narrow limits of a single island.

Let us not, therefore, my lords, reject with contempt what is proposed

and solicited by men of this class; men whose experience and knowledge

cannot but have enabled them to offer something useful and important,

though, perhaps, for want of acquaintance with former laws, they may

have imagined those provisions now first suggested, which have only been

forgotten, and petitioned for the enaction of a new law, when they

needed only an enforcement of former statutes.

That our naval force has, in the present war, been misapplied; that our

commerce has been exposed to petty spoilers, in a degree never known

before; that our convoys have been far from adding security to our

traders; and that with the most powerful fleet in the world, we have

suffered all that can fall upon the most defenceless nation, cannot be

denied.

Nor is it any degree of temerity, my lords, to affirm, that these

misfortunes have been brought upon us by either negligence or treachery;

for, besides that no other cause can be assigned for the losses which a

powerful people suffer from an enemy of inferiour force, there is the

strongest authority for asserting, that our maritime affairs have been

ill conducted, and that, therefore, the regulation of them is very

seasonably and properly solicited by the merchants.

For this assertion, my lords, we may produce the authority of the other

house, by which a remonstrance was drawn up against the conduct of the

commissioners of the admiralty. This alone ought to influence us to an

accurate discussion of this affair. But when an authority yet more

venerable is produced, when it appears that his majesty, by the

dismission of the commissioners from their employments, admitted the

justice of the representation of the commons, it surely can be of no use

to evince, by arguments, the necessity of new regulations.

It is, indeed, certain, that men of integrity and prudence, men of

ability to discern their duty, and of resolution to execute it, can

receive very little assistance from rules and prescriptions; nor can I

deny what the noble lord has affirmed, that they may be sometimes

embarrassed in their measures, and hindered from snatching opportunities

of success, and complying with emergent occasions; but, my lords, we are

to consider mankind, not as we wish them, but as we find them,

frequently corrupt, and always fallible.

If men were all honest and wise, laws of all kinds would be superfluous,

a legislature would become useless, and our authority must cease for

want of objects to employ it; but we find, my lords, that there are men

whom nothing but laws and penalties can make supportable to society;

that there are men, who, if they are not told their duty, will never

know it, and who will, at last, only perform what they shall be punished

for neglecting.

Were all men, like the noble lord whom I am now attempting to answer,

vigilant to discover, sagacious to distinguish, and industrious to

prosecute the interest of the publick, I should be very far from

proposing that they should be constrained by rules, or required to

follow any guide but their own reason; I should resign my own

prosperity, and that of my country, implicitly into their hands, and

rest in full security that nothing would be omitted that human wisdom

could dictate for our advantage.

I am not persuading your lordships to lay restraints upon virtue and

prudence, but to consider how seldom virtue and authority are found

together, how often prudence degenerates into selfishness, and all

generous regard for the publick is contracted into narrow views of

private interest. I am endeavouring to show, that since laws must be

equally obligatory to all, it is the interest of the few good men to

submit to restraints, which, though they may sometimes obstruct the

influence of their virtue, will abundantly recompense them, by securing

them from the mischiefs that wickedness, reigning almost without limits,

and operating without opposition, might bring upon them.

It may not be improper to add, my lords, that no degree of human wisdom

is exempt from errour; that he who claims the privilege of acting at

discretion, subjects himself likewise to the necessity of answering for

the consequences of his conduct, and that ill success will at least

subject him to reproach and suspicion, from which, he whose conduct is

regulated by established rules, may always have an opportunity of

setting himself free.

Fixed and certain regulations are, therefore, my lords, useful to the

wisest and best men; and to those whose abilities are less conspicuous,

and whose integrity is at best doubtful, I suppose it will not be

doubted that they are indispensably necessary.

Some of the expedients mentioned in this bill, I shall readily concur

with the noble lord in censuring and rejecting; I am very far from

thinking it expedient to invest the governours of our colonies with any

new degree of power, or to subject the captains of our ships of war to

their command. I have lived, my lords, to see many successions of those

petty monarchs, and have known few whom I would willingly trust with the

exercise of great authority. It is not uncommon, my lords, for those to

be made cruel and capricious by power, who were moderate and prudent in

lower stations; and if the effects of exaltation are to be feared even

in good men, what may not be expected from it in those, whom nothing but

a distant employment could secure from the laws, and who, if they had

not been sent to America to govern, must probably have gone thither on a

different occasion?

The noble duke, who has vindicated the bill with arguments to which very

little can be added, and to which I believe nothing can be replied, has

expressed his unwillingness to concur in any measures for the execution

of which new officers must be appointed. An increase of officers, my

lords, is, indeed, a dreadful sound, a sound that cannot but forebode

the ruin of our country; the number of officers already established is

abundantly sufficient for all useful purposes, nor can any addition be

made but to the ruin of our constitution.

I am, therefore, of opinion, that no new officer was intended by those

that drew up the bill, and that they proposed only to furnish those that

loiter in our ports, at the expense of the publick, with an opportunity

of earning their salaries by some useful employment.

I know not, indeed, my lords, whether any good effects can be reasonably

hoped from this provision; whether men accustomed to connivance and

negligence in affairs of less importance, ought to be trusted with the

care of our naval preparations, and engaged in service, on which the

prosperity of the publick may depend; and cannot conceal my

apprehensions, that such men, if commissioned to superintend others, may

themselves require a superintendent.

But, my lords, this and every other clause may, in a committee, be

carefully examined and deliberately corrected; and since it appears

evident to me, that some law is necessary for the security of our

commerce, I think this bill ought not to be rejected without farther

consideration.

Lord WINCHELSEA rose again, and spoke thus:--My lords, as the known

sincerity of that noble lord allows no room for suspecting, that he

would bestow any praises where he did not believe there was some desert,

and as his penetration and acuteness secure him from being deceived by

any false appearances of merit, I cannot but applaud myself for having

obtained his esteem, which I hope will not be forfeited by my future

conduct.

Having happily gained the regard of so exact a judge of mankind, I am

the less solicitous what opinion may be conceived of my abilities or

intentions by those whose censures I less fear, and whose praises I less

value, and shall, therefore, cheerfully hazard any degree of popularity,

which I may have hitherto possessed, by continuing my opposition to this

bill, of which I am still convinced that it will produce nothing but

embarrassment, losses, and disgrace.

The necessity of gaining and preserving the esteem of the people I very

willingly allow, but am of opinion that though it may sometimes be

gained by flattering their passions and complying with their

importunities, by false appearances of relief, and momentary

alleviations of their grievances, it is only to be preserved by real and

permanent benefits, by a steady attention to the great ends of

government, and a vigorous prosecution of the means by which they may be

obtained, without regard to present prejudices or temporary clamours.

I believe, my lords, it will always be found that it is dangerous to

gratify the people at their own expense, and to sacrifice their interest

to their caprices; for I have so high a veneration of their wisdom, as

to pronounce without scruple, that however they may, for a time, be

deceived by artful misrepresentations, they will, at length, learn to

esteem those most, who have the resolution to promote their happiness in

opposition to their prejudices.

I am, therefore, confident, my lords, of regaining the popularity which

I may lose by declaring, once more, that this bill ought to be rejected,

since no endeavours shall be wanting to show how little it is necessary,

by an effectual protection of every part of our trade, and a diligent

provision for the naval service.

The duke of BEDFORD rose, and spoke to this effect:--My lords, I am

convinced that this bill is very far from being either absurd or

useless, nor can imagine that they by whom it was drawn up could fail of

producing some expedients that may deserve consideration.

It is probable, that a farther inquiry may show the propriety of some

clauses, which at present appear most liable to censure; and that, if we

reject this bill thus precipitately, we shall condemn what we do not

fully comprehend. No clause appeared to me more unworthy of the judgment

and penetration of the merchants than the last, nor was there any which

I should have rejected at the first perusal with less regret; yet,

having taken this opportunity of considering it a second time, I find it

by no means indefensible, for the direction of ships stationed for the

defence of our American territories, is not committed to the governours

alone. The council of each province is joined with them in authority, by

whom any private regards may be overborne, and who cannot be supposed to

concur in any directions which will not promote the general interest of

the colony.

I doubt not, my lords, but other clauses have been equally mistaken,

and, therefore, think it necessary to consider them in a committee,

where every lord may declare his sentiments, without the restraint of a

formal debate, and where the bill may be deliberately revised, and

accommodated more exactly to the present exigencies of the nation.

Lord WINCHELSEA spoke again, in substance as follows:--My lords, the

only reason which has been urged for considering this bill in a

committee, is the necessity of gratifying the merchants, and of showing

our concern for the prosperity of commerce. If therefore it shall

appear, that the merchants are indifferent with regard to its success, I

hope it will be rejected without opposition.

I was this morning, my lords, informed by a merchant, who has many

opportunities of acquainting himself with the opinions of the trading

part of the nation, that they were fully convinced of the impossibility

of adapting fixed rules to variable exigencies, or of establishing any

certain method of obviating the chances of war, and defeating enemies

who were every day altering their schemes; and declared that they had no

hopes of security but from the vigilance of a board of admiralty,

solicitous for the welfare of the merchants, and the honour of the

nation.

Lord CHOLMONDELEY rose and spoke to the following purpose:--My lords, as

three clauses of this bill have been universally given up, and almost

all the rest plainly proved by the noble lord to be either absurd or

superfluous, I cannot see why it should not be rejected without the

solemnity of farther consideration, to which, indeed, nothing but the

title can give it any claim.

The title, my lords, is, indeed, specious, and well fitted to the design

of gaining attention and promoting popularity; but with this title there

is nothing that corresponds, nor is any thing to be found but confusion

and contradictions, which grow more numerous upon farther search.

That the whole bill, my lords, is unnecessary, cannot be denied, if it

be considered that nothing is proposed in it which is not already in the

power of your lordships, who may call at pleasure for the lists of the

navy, the accounts of the cruisers, the duties of their commissions, and

the journals of their commanders, (as you did in the sixth of queen

Anne,) and detect every act of negligence or treachery, and every

instance of desertion, or of cowardice.

Nothing is necessary to the regulation of our naval force, but that your

lordships vigilantly exert that power which is conferred upon you by the

constitution, and examine the conduct of every officer with attention

and impartiality; no man then will dare to neglect his duty, because no

man can hope to escape punishment.

Of this bill, therefore, since it is thus useless and inconsistent, I

cannot but suspect, my lords, that it was concerted for purposes very

different from those mentioned in the title, which it has, indeed, no

tendency to promote. I believe, my lords, the projectors of it intended

not so much to advance the interest of the merchants, as to depress the

reputation of those whom they have long taken every opportunity of

loading with reproaches, whom they have censured as the enemies of

trade, the corrupters of the nation, and the confederates of Spain.

To confirm these general calumnies, it was necessary to fix on some

particular accusation which might raise the resentment of the people,

and exasperate them beyond reflection or inquiry. For this purpose

nothing was more proper than to charge them with betraying our merchants

to the enemy.

As no accusation could be more efficacious to inflame the people, so

none, my lords, could with more difficulty be confuted. Some losses must

be suffered in every war, and every one will necessarily produce

complaints and discontent; every man is willing to blame some other

person for his misfortunes, and it was, therefore, easy to turn the

clamours of those whose vessels fell into the hands of the Spaniards,

against the ministers and commanders of the ships of war.

These cries were naturally heard with the regard always paid to

misfortune and distress, and propagated with zeal, because they were

heard with pity. Thus in time, what was at first only the outcry of

impatience, was by malicious artifices improved into settled opinion,

that opinion was diligently diffused, and all the losses of the

merchants were imputed, not to the chance of war, but the treachery of

the ministry.

But, my lords, the folly of this opinion, however general, and the

falsehood of this accusation, however vehement, will become sufficiently

apparent, if you examine that bulky collection of papers which are now

laid before you, from which you will discover the number of our fleets,

the frequency of our convoys, the stations of our ships of war, and the

times of their departure and return; you will find that no provision for

war, no expedient likely to promote success has been neglected; that we

have now more ships equipped than in the late war with France, that

nothing can be added to the exactness with which our maritime force is

regulated, and that there is not the least reason to doubt of the

fidelity with which it has been employed.

In every war, my lords, it is to be expected that losses will be

suffered by private persons on each side, nor even in a successful war

can the publick always hope to be enriched; because the advantage may

arise, not immediately from captures, but, consequently, from the

treaties or conditions in which a prosperous war may be supposed to

terminate.

What concessions we shall in this war extort from the Spaniards, what

security will be procured for our merchants, what recompense will be

yielded for our losses, or what extent will be added to our commerce, it

cannot yet be expected that any man should be able to declare; nor will

his majesty's counsellors be required to give an account of futurity. It

is a sufficient vindication of their conduct, and an evident proof of

the wisdom with which the war has been conducted, that we have hitherto

gained more than we have lost.

This, my lords, will appear from a diligent and minute comparison of the

captures on each side, and an exact computation of the value of our

losses and our prizes. It will be found that if the Spaniards have

taken, as it is not improbable, a greater number of ships, those which

they have lost have been far more wealthy.

The merchants, indeed, seem to have distrusted the strength of the

evidence which they produced in support of their allegations, by

bringing it only before the other house, where, as an oath could not be

administered, every man delivered what he believed as what he knew, and

indulged himself without scruple in venting his resentment, or declaring

his suspicions; a method of allegation very proper to scatter reproaches

and gratify malevolence, but of very little use for the discovery of

truth.

Had they come before your lordships, every circumstance had been

minutely examined, every assertion compared with other evidence, all

exaggerations repressed, and all foreign considerations rejected; each

part would have been impartially heard, and it would have plainly been

known to whom every loss was to be imputed. The negligence or treachery

of the commanders of the convoys, wherever it had been found, would have

been punished, but they would not have charged them with those

miscarriages which were produced only by the obstinacy or inattention of

the masters of the trading vessels.

Such inquiries, my lords, they appear to have thought it their interest

to decline, and, therefore, did not proceed on their petition to this

house; and if they did in reality avoid a rigorous examination, what can

be inferred, but that they intended rather to offer insinuations than

proofs, and rather to scatter infamy than obtain justice.

And, that nothing was indeed omitted that could secure our own commerce,

or distress our enemies, may reasonably be collected from the number and

great strength of our fleet, to which no empire in the world can oppose

an equal force. If it has not been supplied with sailors without some

delays, and if these delays have given our enemies an opportunity of

adding to their securities, of fortifying their ports, and supplying

their magazines, it must be ascribed to the nature of our constitution,

that forbids all compulsory methods of augmenting our forces, which must

be considered as, perhaps, the only inconvenience to be thrown into the

balance against the blessings of liberty.

The difficulty of manning our ships of war, is, indeed, extremely

perplexing. Men are naturally very little inclined to subject themselves

to absolute command, or to engage in any service without a time limited

for their dismission. Men cannot willingly rush into danger without the

prospect of a large advantage; they have generally some fondness for

their present state of life, and do not quit it without reluctance. All

these reasons, my lords, concur to withhold the sailors from the navy,

in which they are necessarily governed with higher authority than in

trading vessels, in which they are subjected to punishments, and

confined by strict regulations, without any certain term of their

bondage; for such they, who know not the necessity of subordination, nor

discover the advantages of discipline, cannot but account subjection to

the will and orders of another.

By serving the merchants, they not only secure to themselves the liberty

of changing their masters at pleasure, but enjoy the prospect of a near

and certain advantage; they have not, indeed, any expectations of being

suddenly enriched by a plate ship, and of gaining by one engagement such

wealth as will enable them to spend the rest of their lives in ease and

affluence; but they are sure of a speedy payment of their wages,

perhaps, of some profits from petty commerce, and of an opportunity of

squandering them at land in jollity and diversions; their labour is

cheerful, because they know it will be short, and they readily enter

into an employment which they can quit when it shall no longer please

them.

These considerations, my lords, have no influence upon the preparations

of France and Spain, where no man is master of his own fortune, or time,

or life, and where the officers of the state can drive multitudes into

the service of the crown, without regard to their private views,

inclinations, or engagements. To man a fleet, nothing is necessary but

to lay an embargo on the trading vessels, and suspend their commerce for

a short time; therefore no man dares refuse to enter into the publick

service when he is summoned; nor, if he should fly, as our sailors, from

an impress, would any man venture to shelter or conceal him.

Absolute monarchs have, therefore, this advantage over us, that they can

be sooner prepared for war, and to this must be ascribed all the success

which the Spaniards have obtained. This, my lords, will not be obviated

by the bill now before us, nor will it, indeed, procure any other

benefit to the trade, or any addition to the power of the nation.

Of the ten clauses comprised in the bill, the greatest part is

universally allowed to be injudiciously and erroneously proposed; and

those few, which were thought of more importance, have been shown to

contain no new expedients, nor to add any thing to the present

regulations.

I cannot, therefore, discover any reason, my lords, that should induce

us to refer to a committee this bill, of which part is confessedly to be

rejected, and the rest is apparently superfluous.

[Then the question being put, whether the bill should be referred to a

committee; it passed in the negative. Content, 25. Not content, 59.

On the rejection of this bill by the lords, a bill which related to an

affair of no less importance than the security of trade and navigation,

and which had been unanimously passed by the commons, it was satirically

remarked, that the upper house understood trade and navigation _better_

than the lower. However, the circumstances that attended it, made the

publication of the bill, with the amendments and the reasons offered by

the lords on both sides, expected with the more impatience.]

The Works of Samuel Johnson, LL.D. Volume 11. Parlimentary Debates II. · 第 14 / 25 题