If, therefore, there should be, as a noble lord has very reasonably

supposed, fifty thousand licensed venders of these liquors, there will

likewise be fifty thousand informers against unlawful traders; and as

the liquors may then always be had under sanction of the law, the

populace will not interest themselves in that process which can have

no tendency to obstruct their pleasure.

Thus, my lords, shall we, by agreeing to this bill, make a law that

will be at once useful to the government and beneficial to the people,

which will be at once powerful in its effects and easy in its

execution; and, therefore, instead of attending any more to the wild

and impracticable schemes of heavy taxes, rigorous punishments, sudden

reformations, and violent restraints, I hope we shall unanimously

approve this method, from which so much may be hoped, while nothing is

hazarded.

Lord CARTERET then rose up, and spoke in substance as follows:--My

lords, though the noble lord who has been pleased to incite us to an

unanimous concurrence with himself and his associates of the ministry,

in passing this excellent and wonder-working bill, this bill, which is

to lessen the consumption of spirits, without lessening the quantity

which is distilled, which is to restrain drunkards from drinking, by

setting their favourite liquor always before their eyes, to conquer

habits by continuing them, and correct vice by indulging it, according

to the lowest reckoning, for at least another year; yet, my lords,

such is my obstinacy, or such my ignorance, that I cannot yet comply

with his proposal, nor can prevail with myself either to concur with

measures so apparently opposite to the interest of the publick, or to

hear them vindicated, without declaring how little I approve them.

During the course of this long debate I have endeavoured to

recapitulate and digest the arguments which have been advanced, and

have considered them both separate and conjoined; but find myself at

the same distance from conviction as when I entered the house; nor do

I imagine, that they can much affect any man who does not voluntarily

assist them by strong prejudice.

In vindication of this bill, my lords, we have been told that the

present law is ineffectual; that our manufacture is not to be

destroyed, or not this year; that the security offered by the present

bill has induced great numbers to subscribe to the new fund; that it

has been approved by the commons; and that, if it be found

ineffectual, it may be amended another session.

All these arguments, my lords, I shall endeavour to examine, because I

am always desirous of gratifying those great men to whom the

administration of affairs is intrusted, and have always very

cautiously avoided the odium of disaffection which they will

undoubtedly throw, in imitation of their predecessors, upon all those

whose wayward consciences shall oblige them to hinder the execution of

their schemes.

With a very strong desire, therefore, though with no great hopes of

finding them in the right, I venture to begin my inquiry, and engage

in the examination of their first assertion, that the present law

against the abuse of strong liquors is without effect.

I hope, my lords, it portends well to my inquiry, that the first

position which I have to examine is true, nor can I forbear to

congratulate your lordships upon having heard from the new ministry

one assertion not to be contradicted.

It is evident, my lords, from daily observation, and demonstrable from

the papers upon the table, that every year, since the enaction of the

last law, that vice has increased which it was intended to repress,

and that no time has been so favourable to the retailers of spirits as

that which has passed since they were prohibited.

It may, therefore, be expected, my lords, that having agreed with the

ministers in their fundamental proposition, I shall concur with them

in the consequence which they draw from it; and having allowed that

the present law is ineffectual, should admit that another is

necessary.

But, my lords, in order to discover whether this consequence be

necessary, it must first be inquired why the present law is of no

force? For, my lords, it will be found, upon reflection, that there

are certain degrees of corruption that may hinder the effects of the

best laws. The magistrates may be vitious, and forbear to enforce that

law, by which themselves are condemned; they may be indolent, and

inclined rather to connive at wickedness by which they are not injured

themselves, than to repress it by a laborious exertion of their

authority; or they may be timorous, and, instead of awing the vitious,

may be awed by them.

In any of these cases, my lords, the law is not to be condemned for

its inefficacy, since it only fails by the defect of those who are to

direct its operations; the best and most important laws will

contribute very little to the security or happiness of a people, if no

judges of integrity and spirit can be found amongst them. Even the

most beneficial and useful bill that ministers can possibly imagine, a

bill for laying on our estates a tax of the fifth part of their yearly

value, would be wholly without effect, if collectors could not be

obtained.

I am, therefore, my lords, yet doubtful, whether the inefficacy of the

law now subsisting necessarily obliges us to provide another; for

those that declared it to be useless, owned at the same time, that no

man endeavoured to enforce it; so that, perhaps, its only defect may

be, that it will not execute itself.

Nor though I should allow, that the law is at present impeded by

difficulties which cannot be broken through, but by men of more spirit

and dignity than the ministers may be inclined to trust with

commissions of the peace, yet it can only be collected, that another

law is necessary, not that the law now proposed will be of any

advantage.

Great use has been made of the inefficacy of the present law to decry

the proposal made by the noble lord for laying a high duty upon these

pernicious liquors. High duties have already, as we are informed, been

tried without advantage; high duties are at this hour imposed upon

those spirits which are retailed, yet we see them every day sold in

the streets without the payment of the tax required; and, therefore,

it will be folly to make a second essay of means which have been

found, by the experience of many years, unsuccessful.

It has been granted on all sides in this debate, nor was it ever

denied on any other occasion, that the consumption of any commodity is

most easily to be hindered by raising its price, and its price is to

be raised by the imposition of a duty; this, my lords, which is, I

suppose, the opinion of every man, of whatever degree of experience or

understanding, appears likewise to have been thought by the authors of

the present law; and, therefore, they imagined, that they had

effectually provided against the increase of drunkenness, by laying

upon that liquor which should be retailed in small quantities, a duty

which none of the inferiour classes of drunkards would be able to pay.

Thus, my lords, they conceived that they had reformed the common

people, without infringing the pleasures of others, and applauded the

happy contrivance by which spirits were to be made dear only to the

poor, while every man who could afford to purchase two gallons, was at

liberty to riot at his ease, and over a full flowing bumper look down

with contempt upon his former companions, now ruthlessly condemned to

disconsolate sobriety, or obliged to regale themselves with liquor

which did no speedy execution upon their cares, but held them for many

tedious hours in a languishing possession of their senses and their

limbs.

But, my lords, this intention was frustrated, and the project,

ingenious as it was, fell to the ground; for though they had laid a

tax, they unhappily forgot that this tax would make no addition to the

price, unless it was paid; and that it would not be paid, unless some

were empowered to collect it.

Here, my lords, was the difficulty; those who made the law were

inclined to lay a tax from which themselves should be exempt, and,

therefore, would not charge the liquor as it issued from the still;

and when once it was dispersed in the hands of petty dealers, it was

no longer to be found without the assistance of informers, and

informers could not carry on the business of persecution without the

consent of the people.

It is not necessary to dwell any longer upon the law of which the

repeal is proposed, since it appears already, that it failed only from

a partiality not easily defended, and from the omission of what is now

proposed, the collection of the duty as the liquor is distilled.

If this method be followed, there will be no longer any need of

information, or of any rigorous or new measures; the same officers

that collect a smaller duty may levy a greater, nor can they be easily

deceived with regard to the quantities that are made; the deceits, at

least, that can be used, are in use already; they are frequently

detected and suppressed; nor will a larger duty enable the distillers

to elude the vigilance of the officers with more success.

Against this proposal, therefore, the inefficacy of the present law

can be no objection; but it is urged, that such duties would destroy

the trade of distilling; and a noble lord has been pleased to express

great tenderness for a manufacture so beneficial and extensive.

I cannot but sometimes wonder, my lords, at the amazing variety of

intellects, which every day furnishes some opportunity or other of

observing, and which cannot but be remarked on this occasion, when one

produces against a proposal the very argument which another offers in

its favour. That a large duty levied at the still would destroy or

very much impair the trade of distilling, is certainly supposed by

those who defend it, for they proposed it only for that end; and what

better method can they propose, when they are called to deliberate

upon a bill for the prevention of the excessive use of distilled

liquors?

The noble lord has been pleased kindly to inform us, that the trade of

distilling is very extensive, that it employs great numbers, and that

they have arrived at exquisite skill, and therefore,--note well the

consequence--the trade of distilling is not to be discouraged.

Once more, my lords, allow me to wonder at the different conceptions

of different understandings. It appears to me, that since the spirits

which the distillers produce are allowed to enfeeble the limbs, and

vitiate the blood, to pervert the heart, and obscure the intellects,

that the number of distillers should be no argument in their favour!

For I never heard that a law against theft was repealed or delayed,

because thieves were numerous. It appears to me, my lords, that if so

formidable a body are confederated against the virtue or the lives of

their fellow-citizens, it is time to put an end to the havock, and to

interpose, while it is yet in our power to stop the destruction.

As little, my lords, am I affected with the merit of the wonderful

skill which the distillers are said to have attained: it is, in my

opinion, no faculty of great use to mankind, to prepare palatable

poison; nor shall I ever contribute my interest for the reprieve of a

murderer, because he has, by long practice, obtained great dexterity

in his trade.

If their liquors are so delicious, that the people are tempted to

their own destruction, let us at length, my lords, secure them from

these fatal draughts, by bursting the vials that contain them; let us

crush, at once, these artists in slaughter, who have reconciled their

countrymen to sickness and to ruin, and spread over the pitfals of

debauchery such baits as cannot be resisted.

The noble lord has, indeed, admitted, that this bill may not be found

sufficiently coercive, but gives us hopes that it may be improved and

enforced another year, and persuades us to endeavour the reformation

of drunkenness by degrees, and above all, to beware, at present, of

hurting the _manufacture_.

I am very far, my lords, from thinking, that there are this year any

peculiar reasons for tolerating murder; nor can I conceive why the

manufacture should be held sacred now, if it be to be destroyed

hereafter; we are, indeed, desired to try how far this law will

operate, that we may be more able to proceed with due regard to this

valuable manufacture.

With regard to the operation of the law, it appears to me that it will

only enrich the government without reforming the people, and I believe

there are not many of a different opinion: if any diminution of the

sale of spirits be expected from it, it is to be considered, that this

diminution will or will not be such as is desired for the reformation

of the people; if it be sufficient, the manufacture is at an end, and

all the reasons against a higher duty are of equal force against this;

but if it is not sufficient, we have, at least, omitted part of our

duty, and have neglected the health and virtue of the people.

I cannot, my lords, yet discover, why a reprieve is desired for this

manufacture; why the present year is not equally propitious to the

reformation of mankind as any will be that may succeed it. It is true

we are at war with two nations, and, perhaps, with more; but war may

be better prosecuted without money than without men, and we but little

consult the military glory of our country, if we raise supplies for

paying our armies, by the destruction of those armies that we are

contriving to pay.

We have heard the necessity of reforming the nation by degrees urged

as an argument for imposing first a lighter duty, and afterwards a

heavier; this complaisance for wickedness, my lords, is not so

defensible as that it should be battered by arguments in form, and

therefore I shall only relate a reply made by Webb, the noted walker,

upon a parallel occasion.

This man, who must be remembered by many of your lordships, was

remarkable for vigour, both of mind and body, and lived wholly upon

water for his drink, and chiefly upon vegetables for his other

sustenance: he was one day recommending his regimen to one of his

friends who loved wine, and who, perhaps, might somewhat contribute to

the prosperity of this _spirituous manufacture_, and urged him, with

great earnestness, to quit a course of luxury by which his health and

his intellects would equally be destroyed. The gentleman appeared

convinced, and told him, that he would conform to his counsel, and

thought he could not change his course of life at once, but would

leave off strong liquors by degrees. By degrees, says the other, with

indignation! if you should unhappily fall into the fire, would you

caution your servants not to pull you out but by degrees?

This answer, my lords, is applicable in the present case; the nation

is sunk into the lowest state of corruption, the people are not only

vitious, but insolent beyond example; they not only break the laws,

but defy them; and yet some of your lordships are for reforming them

by degrees.

I am not easily persuaded, my lords, that our ministers really intend

to supply the defects that may hereafter be discovered in this bill;

it will doubtless produce money, perhaps much more than they appear to

expect from it; I doubt not but the licensed retailers will be more

than fifty thousand, and the quantity retailed must increase with the

number of retailers. As the bill will, therefore, answer all the ends

intended by it, I do not expect to see it altered, for I have never

observed ministers desirous of amending their own errours, unless they

are such as produce a deficiency in the revenue.

Besides, my lords, it is not certain, that when this fund is mortgaged

to the publick creditors, they can prevail upon the commons to change

the security; they may continue the bill in force for the reasons,

whatever they are, for which they have passed it, and the good

intentions of our ministers, however sincere, may be defeated, and

drunkenness, legal drunkenness, established in the nation.

This, my lords, is very reasonable; and therefore we ought to exert

ourselves for the safety of the nation, while the power is yet in our

own hands, and without regard to the opinion or proceedings of the

other house, show that we are yet the chief guardians of the people,

and the most vigilant adversaries of wickedness.

The ready compliance of the commons with the measures proposed in this

bill, has been mentioned here with a view, I suppose, of influencing

us, but surely by those who had forgotten our independence, or

resigned their own. It is not only the right, but the duty of either

house, to deliberate without regard to the determinations of the

other; for how would the nation receive any benefit from the distinct

powers that compose the legislature, unless their determinations are

without influence upon each other? If either the example or authority

of the commons can divert us from following our own convictions, we

are no longer part of the legislature; we have given up our honours

and our privileges, and what then is our concurrence but slavery, or

our suffrage but an echo?

The only argument, therefore, that now remains, is the expediency of

gratifying those by whose ready subscription the exigencies which the

counsels of our new statesmen have brought upon us, and of continuing

the security by which they have been encouraged to such liberal

contributions.

Publick credit, my lords, is, indeed, of very great importance, but

publick credit can never be long supported without publick virtue; nor

indeed if the government could mortgage the morals and health of the

people, would it be just or rational to confirm the bargain. If the

ministry can raise money only by the destruction of their

fellow-subjects, they ought to abandon those schemes for which the

money is necessary: for what calamity can be equal to unbounded

wickedness?

But, my lords, there is no necessity for a choice which may cost us or

our ministers so much regret; for the same subscriptions may be

procured by an offer of the same advantages to a fund of any other

kind, and the sinking fund will easily supply any deficiency that

might be suspected in another scheme.

To confess the truth, I should feel very little pain from an account

that the nation was for some time determined to be less liberal of

their contribution, and that money was withheld till it was known in

what expeditions it was to be employed, to what princes subsidies were

to be paid, and what advantages were to be purchased by it for our

country. I should rejoice my lords, to hear that the lottery by which

the deficiencies of this duty are to be supplied, was not filled; and

that the people were grown at last wise enough to discern the fraud,

and to prefer honest commerce, by which all may be gainers, to a game

by which the greatest number must certainly lose, and in which no man

can reasonably expect that he shall be the happy favourite of fortune,

on whom a prize shall be conferred.

The lotteries, my lords, which former ministers have proposed, have

always been censured by those that saw their nature and their

tendency; they have been considered as legal cheats, by which the

ignorant and the rash are defrauded, and the subtle and avaricious

often enriched; they have been allowed to divert the people from

trade, and to alienate them from useful industry. A man who is uneasy

in his circumstances, and idle in his disposition, collects the

remains of his fortune, and buys tickets in a lottery, retires from

business, indulges himself in laziness, and waits, in some obscure

place, the event of his adventure. Another, instead of employing his

stock in a shop or warehouse, rents a garret in a private street, and

makes it his business, by false intelligence, and chimerical alarms,

to raise and sink the price of tickets alternately, and takes

advantage of the lies which he has himself invented.

Such, my lords, is the traffick that is produced by this scheme of

raising money; nor were these inconveniencies unknown to the present

ministers in the time of their predecessors, whom they never failed to

pursue with the loudest clamours, whenever the exigencies of the

government reduced them to a lottery.

If I, my lords, might presume to recommend to our ministers the most

probable method of raising a large sum for the payment of the troops

of the electorate, I should, instead of the tax and lottery now

proposed, advise them to establish a certain number of licensed

wheelbarrows, on which the laudable trade of thimble and button might

be carried on for the support of the war, and shoeboys might

contribute to the defence of the house of Austria, by raffling for

apples.

Having now, my lords, examined with the utmost candour, all the

reasons which have been offered in defence of the bill, I cannot

conceal the result of my inquiry. The arguments have had so little

effect upon my understanding, that as every man judges of others by

himself, I cannot believe that they have any influence, even upon

those that offer them; and, therefore, I am convinced, that this bill

must be the result of considerations which have been hitherto

concealed, and is intended to promote designs which are never to be

discovered by the authors before their execution.

With regard to these motives and designs, however artfully concealed,

every lord in this assembly is yet at liberty to offer his

conjectures; and therefore I shall venture to lay before you what has

arisen in my mind, without pretending to have discovered absolute

certainty, what such accomplished politicians have endeavoured to

conceal.

When I consider, my lords, the tendency of this bill, I find it

calculated only for the propagation of diseases, the suppression of

industry, and the destruction of mankind; I find it the most fatal

engine that ever was pointed at a people, an engine by which those who

are not killed will be disabled, and those who preserve their limbs,

will be deprived of their senses.

This bill, therefore, appears to be designed only to thin the ranks of

mankind, and to disburden the world of the multitudes that inhabit it;

and is, perhaps, the strongest proof of political sagacity that our

new ministers have yet exhibited. They well know, my lords, that they

are universally detested, and that wherever a Briton is destroyed,

they are freed from an enemy; they have, therefore, opened the

floodgates of gin upon the nation, that when it is less numerous, it

may be more easily governed.

Other ministers, my lords, who had not attained to so great a

knowledge in the art of making war upon their country, when they found

their enemies clamorous and bold, used to awe them with prosecutions

and penalties, or destroy them like burglars, with prisons and

gibbets. But every age, my lords, produces some improvement, and every

nation, however degenerate, gives birth at some happy period of time

to men of great and enterprising genius. It is our fortune to be

witnesses of a new discovery in politicks; we may congratulate

ourselves upon being contemporaries with those men who have shown that

hangmen and halters are unnecessary in a state, and that ministers may

escape the reproach of destroying their enemies, by inciting them to

destroy themselves.

This new method may, indeed, have upon different constitutions a

different operation; it may destroy the lives of some, and the senses

of others; but either of these effects will answer the purposes of the

ministry, to whom it is indifferent, provided the nation becomes

insensible, whether pestilence or lunacy prevails among them. Either

mad or dead, the greatest part of the people must quickly be, or there

is no hope of the continuance of the present ministry.

For this purpose, my lords, what could have been invented more

efficacious than an establishment of a certain number of shops at

which poison may be vended; poison so prepared, as to please the

palate while it wastes the strength, and to kill only by intoxication.

From the first instant that any of the enemies of the ministry shall

grow clamorous and turbulent, a crafty hireling may lead him to the

ministerial slaughterhouse, and ply him with their wonder-working

liquor, till he is no longer able to speak or think; and, my lords, no

man can be more agreeable to our ministers than he that can neither

speak nor think, except those who speak without thinking.

But, my lords, the ministers ought to reflect, that though all the

people of the present age are their enemies, yet they have made no

trial of the temper and inclinations of posterity; our successours may

be of opinions very different from ours; they may, perhaps, approve of

wars on the continent, while our plantations are insulted, and our

trade obstructed; they may think the support of the house of Austria

of more importance to us than our own defence, and may, perhaps, so

far differ from their fathers, as to imagine the treasures of Britain

very properly employed in supporting the troops, and increasing the

splendour of a foreign electorate.

Since, therefore, it will not be denied by our ministers, that the

affection and gratitude of posterity may atone for the obstinacy,

blindness, and malice of the present age; since those measures which

are now universally censured, may at some distant time be praised with

equal unanimity; why, my lords, should they extend their vengeance to

the succeeding generation? why should they endeavour to torture their

limbs with pains, and load their lives with the guilt of their

parents? why should they hinder that trade to which they must owe all

the comforts which plenty affords? why should they endeavour to

intercept their existence, or suffer them to exist only to be

wretched?

If I may once more declare my sentiments, my lords, I believe the

ministers do not so much wish to debilitate the bodies as the

understandings of posterity, nor so ardently desire a race of cripples

as of fools. For cripples, my lords, can make no figure at a review,

nor strut in a red coat with a tolerable grace; but fools are known by

long experience to be the principal support of an army, since they are

the only persons who are willing to pay it!

Whatever, my lords, be the true reasons for which this bill is so

warmly promoted, I think they ought, at least, to be deliberately

examined; and, therefore, cannot think it consistent with our regard

for the nation to suffer it to be precipitated into a law. The year,

my lords, is not so far advanced, as that supplies may not be raised

by some other method, if this should be rejected; nor do I think that

we ought to consent to this, even though our refusal should hinder the

supplies, since we have no right, for the sake of any advantage,

however certain or great, to violate all the laws of heaven and earth,

to doom thousands to destruction, and to fill the exchequer with the

price of the lives of our fellow-subjects.

Let us, therefore, my lords, not suffer ourselves to be driven forward

with such haste as may hinder us from observing whither we are going;

let us not be persuaded to precipitate our counsels by those who know

that all delays will be detrimental to their designs, because delays

may produce new information, and they are conscious that the bill will

be less approved the more it is understood.

But every reason which they can offer against the motion, is, in my

opinion, a reason for it; and, therefore, I shall readily agree to

postpone the clause, and no less readily to reject the bill.

If, at last, reason and evidence are vain, if neither justice nor

compassion can prevail, but the nation must be destroyed for the

support of the government, let us at least, my lords, confine our

assertions, in the preamble, to truth; let us not affirm that

drunkenness is established by the advice or consent of the lords

spiritual, since I am confident not one of them will so far contradict

his own doctrine, as to vote for a bill which gives a sanction to one

vice, and ministers opportunities and temptations to all others; and

which, if it be not speedily repealed, will overflow the whole nation

with a deluge of wickedness.

Lord ISLAY next spoke to the effect following:--My lords, I have

attended for a long time to the noble lord, not without some degree of

uneasiness, as I think the manner in which he has treated the question

neither consistent with the dignity of this assembly, nor with those

rules which ought to be ever venerable, the great rules of reason and

humanity. Yet being now arrived at a time of life in which the

passions grow calm, and patience easily prevails over any sudden

disgust or perturbation, I forbore to disconcert him, though I have

known interruption produced by much slighter provocations.

It is, my lords, in my opinion, a just maxim, that our deliberations

can receive very little assistance from merriment and ridicule, and

that truth is seldom discovered by those who are chiefly solicitous to

start a jest. To convince the understanding, and to tickle the fancy,

are purposes very different, and must be promoted by different means;

nor is he always to imagine himself superiour in the dispute, who is

applauded with the loudest laugh.

To laugh, my lords, and to endeavour to communicate the same mirth to

others, when great affairs are to be considered, is certainly to

neglect the end for which we are assembled, and the reasons for which

the privilege of debating was originally granted us. For doubtless, my

lords, our honours and our power were not conferred upon us that we

might be merry with the better grace, or that we might meet at certain

times to divert ourselves with turning the great affairs of the nation

to ridicule.

But, my lords, still less defensible is this practice, when we are

contriving the relief of misery, or the reformation of vice; when

calamities are preying upon thousands, and the happiness not only of

the present age, but of posterity, must depend upon our resolutions.

He that can divert himself with the sight of misery, has surely very

little claim to the great praise of humanity and tenderness; nor can

he be justly exempted from the censure of increasing evils, who wastes

in laughter and jocularity that time in which he might relieve them.

The bill now before us has been represented by those that oppose it,

as big with destruction, and dangerous both to the lives and to the

virtue of the people. We have been told, that it will at once fill the

land with sickness and with villany, and that it will be at the same

time fatal to our trade, and to our power; yet those who are willing

to be thought fearful of all these evils, and ardently desirous of

averting them from their country, cannot without laughter mention the

bill which they oppose, or enumerate the consequences which they dread

from it, in any other language than that of irony and burlesque.

Surely, my lords, such conduct gives reason for questioning either

their humanity, or their sincerity; for if they really fear such

dreadful calamities, how can they be at leisure for mirth and gaiety I

How can they sport over the grave of millions, and indulge their vain

ridicule, when the ruin of their country is approaching?

But without inquiry, whether they who oppose the bill will grant their

opposition hypocritical, or their patriotism languid, I shall lay my

opinion of this new regulation before your lordships with equal

freedom, though with less luxuriance of imagination, and less gaiety

of language.

Of this bill, notwithstanding the acuteness with which it has been

examined, and the acrimony with which it has been censured, I am not

afraid to affirm, that it is neither wicked nor absurd, that all its

parts are consistent, and that the effects to be expected from it are

sobriety and health. I cannot find, upon the closest examination,

either that it will defeat its own end, or that the end proposed by it

is different from that which is professed.

The charge of encouraging vice and tolerating drunkenness, with which

the defenders of this bill have been so liberally aspersed, may be, in

my opinion, more justly retorted upon those that oppose it; who,

though they plead for the continuance of a law, rigorous, indeed, and

well intended, own that it has, by the experience of several years,

been found ineffectual.

What, my lords, can a drunkard or a profligate be supposed to wish,

but that the law may still remain in its present state, that he may

still be pursued in a track by which he knows how to escape, and

opposed by restraints which he is able to break? What can he desire,

but that the book of statutes should lie useless, and that no laws

should be made against him, but such as cannot be put in execution?

The defects of the present law, are, indeed, very numerous; nor ought

it to be continued, even though no other were to be substituted. It

seems to suppose the use of distilled liquors absolutely unlawful,

and, therefore, imposed upon licenses a duty so enormous, that only

three were taken in the whole kingdom, and the people were therefore

obliged to obtain by illegal methods, what they could not persuade

themselves wholly to forbear.

The method of detecting offenders was likewise such as gave

opportunity for villany to triumph over innocence, and for perjury to

grow rich with the plunder of the poor. Even charity itself might be

punished by it; and he that gave a glass of spirits to a man fainting

under poverty, or sickness, or fatigue, might be punished as a

retailer of spirits without a license.

These defects, which were not seen when the law was made, soon excited

a dislike. No man enforced the execution of it, because every man knew

that on some occasions he might himself break it; and they who

suffered for the violation of it, were often pitied by those whose

office obliged them to punish them. Thus the law, after having been

executed a few months with rigour, was laid aside as impracticable,

and appears now to be tacitly repealed; for it is apparently an empty

form without effect.

If, therefore, the use of spirits be so destructive as is generally

allowed, it is surely necessary, that the legislature should at last

repair the defects of the former law, and the nation should not be

vitiated and ruined, without some endeavours for its preservation;

and, in my opinion, to lay a double duty upon these liquors, is very

rational and prudent. An increase of the price must lessen the

consumption.

To what degree the consumption will be diminished by this new duty, I

am not able to foretel; but, undoubtedly, some diminution will be

produced, and the least diminution will afford us this comfort, that

the evil does not increase upon us, and that this law is, therefore,

better than that which we have repealed.

For this reason, my lords, I approve the present bill, without

inquiring whether it is perfect; it is sufficient for me, in the

present exigence, that the nation will gain something by the change,

and the people will be drawn nearer to sobriety, temperance, and

industry.

Thus, my lords, without paying any regard to the determination of the

other house, I think the bill sufficiently defensible by reason and

policy; nor can I conceal my opinion, that those who oppose it are the

real enemies of their country.

[The question, whether the house should be now resumed, was then put

and determined in the negative by 56 against 85.

The other clauses were then read, and agreed to.

The course of their proceedings then required, that a day should be

appointed for the third reading, and lord SANDWICH therefore rose, and

spoke to the following effect:]

My lords, as the importance of the bill now before us justly demands

the maturest consideration, it is not without unusual concern, that I

observe the absence of many lords, for whose wisdom and experience I

have the highest veneration, and whom I esteem equally for their

penetration and their integrity. I should hope, that all those who

feel in their hearts the love of their country, and are conscious of

abilities to promote its happiness, would assemble on this great

occasion, and that the collective wisdom of this house would be

exerted, when the lives and fortunes, and, what is yet more worthy of

regard, the virtue of the people is involved in the question.

As there can be no avocations which can possibly withhold a wise man

from counsels of such moment to his country, to himself, and to his

posterity; as there is no interest equivalent to the general

happiness; I cannot suppose that either business or pleasure detain

those who have not attended at the examination of this bill; and

therefore imagine, that they are absent only because they have not

been sufficiently informed of the importance of the question that was

this day to be discussed.

It is therefore, my lords, necessary, in my opinion, that on the day

of the third reading they be again summoned to attend, that the law

which is allowed to be only an experiment, of which the event is

absolutely uncertain, may be examined with the utmost care; that all

its consequences may be known, so far as human wisdom is able to

discover, and that we may at least be exempt from the imputation of

being negligent of the welfare of our country, and of being desirous

of avoiding information or inquiry, lest they should retard our

measures or contradict our assertions.

But since it is reasonable to believe, my lords, that many of those,

who might assist us in this difficult inquiry, are now in the country,

it is necessary, that our summons may have the effect which is

desired, to defer the reading for some time. For to what purpose will

it be to require their presence at a time at which we know it is

impossible for them to comply with our orders? To direct what cannot

be done is surely in its own nature absurd and contemptible, and on

this occasion will expose not only our understanding but our honesty

to doubts; for it will be imagined, that we are only endeavouring to

make false shows of caution and accuracy, and that we in reality

desire to determine without the concurrence of those whose presence we

publickly require.

I therefore move, that the third reading of this bill may be delayed

five days, and that immediate summons be issued for all lords to

attend.

Lord CARTERET spoke next in substance as follows:--My lords, if it is

the intention of the noble lords to debate once more the usefulness or

expedience of this bill, if they have any new argument to produce, or

are desirous of another opportunity to repeat those which have been

already heard, I hope they will not long withhold, either from

themselves or their opponents, that satisfaction.

Your lordships are so well acquainted with the state of the publick,

and know so well the danger of the liberties of the continent, the

power of the enemies whom we are to oppose, the dreadful consequences

of an unsuccessful opposition, and the necessity of vigour and

expedition to procure success, that it cannot be necessary to urge the

impropriety of delaying the bill from which the supplies are to be

expected.

The convenience of deferring this bill, however plausibly represented

by the noble lord who made the motion, is overbalanced by the

necessity of considering it to-morrow. Necessity is an argument which

110 acuteness can overthrow, and against which eloquence will be

employed to little purpose. I therefore, my lords, oppose the motion,

not that it is unreasonable in itself, but because it cannot be

admitted; I recommend despatch on this occasion, not because it is

barely right, but because it is absolutely necessary.

Lord HERVEY then rose up and spoke to the following effect:--My lords,

it is always the last resource of ministers to call those measures

necessary which they cannot show to be just; and when they have tried

all the arts of fallacy and illusion, and found them all baffled, to

stand at bay, because they can fly no longer, look their opponents

boldly in the face, and stun them with the formidable sound of

necessity.

But it is generally the fortune of ministers to discover necessity

much sooner than they whose eyes are not sharpened by employments;

they frequently call that necessity, on which no other man would

bestow the title of expediency; and that is seldom necessary to be

done, which others do not think necessary to be avoided.

At present, my lords, I see nothing necessary but what is equally

necessary at all times, that we do our duty to our country, and

discharge our trust, without suffering ourselves to be terrified with

imaginary dangers or allured by imaginary benefits. The war which is

said to produce the necessity of this bill, is, in my opinion, not

necessary in itself: and, if your lordships differ from me in that

sentiment, it must yet be allowed, that there is time sufficient to

provide supplies by new methods.

But, my lords, if the motion, in which I concur, be overruled on a

pretence of necessity, it will show an eager desire to hasten a bill,

which, if referred to any twelve men, not of either house of the

senate, their examination would terminate in this, that they bring it

in guilty of _wilful murder_.

Lord CHOLMONDELEY spoke next, in substance as follows:--My lords, as

there is no doubt but particular measures may be sometimes necessary,

I discover no reason that ought to hinder the mention of that

necessity; for surely where it can be asserted with truth, it is the

most powerful of all arguments, and cannot be wisely or honestly

neglected.

In the present case, my lords, I can discover no impropriety in

mentioning it; for I suppose that noble lord did not intend to

restrain it to the most rigorous sense; he did not mean, that there is

the same necessity of reading this bill to-morrow for the success of

the war, as of extinguishing a fire for the preservation of a town;

but that the reasons for despatch absolutely overbalanced all the

pleas that could be offered for delays.

This necessity, my lords, I am not ashamed to assert after him; nor

can I think it consistent with common prudence, in the present

situation of our affairs, to defer the third reading beyond to-morrow;

for the supplies which this bill must produce, are to be employed in

attempts of the utmost importance, and which cannot fail without the

ruin of a great part of mankind, and an irreparable injury to this

nation.

I cannot, therefore, but confess my surprise at the vehemence with

which this bill is opposed; vehemence so turbulent and fierce, that

some lords have been transported beyond that decency which it is our

duty and our interest to preserve in our deliberations; nor have

restrained themselves from expressions, which, upon reflection, I

believe they will not think defensible; from among which I cannot but

particularize the horrid and opprobrious term of murder.

The reverend prelates, who have spoken against the bill, may be easily

believed to be as zealous for virtue as those who have indulged

themselves in this violence of language; yet they have never charged

those who defend the measures now proposed with the guilt of murder,

but have decently delivered their own opinions, without, reproaching

those who differ from them.

For my part, my lords, as I cannot think the motion for farther delay,

seasonable or proper, or necessary to the discovery of truth, or

consistent with the welfare of the nation, it is my resolution to vote

against it.

The duke of BEDFORD spoke next, in substance as follows:--My lords,

the ardour with which the noble lord appears to resent the indignity

offered to the bill, shows only that he himself approves it, but not

that it deserves the approbation of the house.

I think it of use, notwithstanding the plausible pleas of decency or

politeness, that every thing should in this house be called by its

right name, that we may not dispute for one thing, and vote for

another; and since the bill will certainly destroy multitudes, if it

promotes the sale of distilled spirits, and it has been proved that it

will promote it, I know not by what appellation to denominate its

effects, if that be denied me, which has been already used.

[The speaker then put the question in form, "Is it your lordships'

pleasure, that the third reading of the bill be put off for five

days?" It was resolved in the negative by 52 to 29.

It was then ordered, that the bill should be read the third time on

the day following, and that the lords should be summoned to attend.

On the next day, the house, according to the order, met, and another

debate ensued, which was begun by lord HERVEY, who spoke in substance

as follows:]

My lords, the tendency of the bill, which we are now to approve or

reject, is so apparently destructive to the ends of government, so

apparently dangerous to publick happiness, and so contrary to the

institutions of the most celebrated lawgivers, and the policy of the

most flourishing nations, that I still continue to think it my duty to

struggle against it.

Almost every legislator of the world, my lords, from whatever original

he derived his authority, has exerted it in the prohibition of such

foods as tended to injure the health, and destroy the vigour of the

people for whom he designed his institutions.

The great instructor of the jews, who delivered his laws by divine

authority, prohibited the use of swine's flesh, for no other cause, so

far as human reason is able to discover, than that it corrupted the

blood, and produced loathsome diseases and maladies which descended to

posterity; and, therefore, in prohibiting, after this example, the use

of liquors which produce the same effects, we shall follow the

authority of the great governour of the universe.

The author of another religion, a religion founded, indeed, on

superstition and credulity, but which prevails over a very great part

of the earth, has laid his followers under restraints still more

severe; he has forbidden them to dispel their cares, or exalt their

pleasures, with wine, has banished from their banquets that useful

opponent of troublesome reflection, and doomed all those who receive

his law, not to sobriety only, but to abstinence.

The authority of this man, my lords, cannot indeed be urged as

unexceptionable and decisive; but the reception of his imposture shows

at least, that he was not unacquainted with human nature, and that he

knew how to adapt his forgeries to the nations among which he vented

them; nor can it be denied, but the prohibition of wine was found

generally useful, since it obtained so ready a compliance.

All nations in the world, my lords, in every age of which there remain

any historical accounts, have agreed in the necessity of laying

restraint upon appetite, and setting bounds to the wantonness of

luxury; every legislature has claimed and practised the right of

withholding those pleasures which the people have appeared inclined to

use to excess, and preferring the safety of multitudes whom liberty

would destroy, to the convenience of those who would have enjoyed it

within the limits of reason and of virtue.

The welfare of the publick, my lords, has always been allowed the

supreme law; and when any governours sacrifice the general good either

to private views, or temporary convenience, they deviate at once from

integrity and policy, they betray their trust, and neglect their

interest.

The prohibition of those commodities which are instrumental to vice,

is not only dictated by policy but nature; nor does it, indeed,

require much sagacity, when the evil is known, to find the proper

remedy; for even the Indians, who have not yet reduced the art of

government to a science, nor learned to make long harangues upon the

different interests of foreign powers, the necessity of raising

supplies or the importance and extent of manufactures, have yet been

able to discover, that distilled spirits are pernicious to society,

and that the use of them can only be hindered by prohibiting the sale.

For this reason, my lords, they have petitioned, that none of this

delicious poison should be imported from. Britain; they have desired

us to confine this fountain of wickedness and misery to stream in our

own country, without pouring upon them those inundations of

debauchery, by which we are ourselves overflowed.

When we may be sent with justice to learn from the rude and ignorant

Indians the first elements of civil wisdom, we have surely not much

right to boast of our foresight and knowledge; we must surely confess,

that we have hitherto valued ourselves upon our arts with very little

reason, since we have not learned how to preserve either wealth or

virtue, either peace or commerce.

The maxims of our politicians, my lords, differ widely from those of

the Indian savages, as they are the effects of longer consideration,

and reasonings formed upon more extensive views. What Indian, my

lords, would have contrived to hinder his countrymen from drunkenness,

by placing that liquor in their houses which tempted them to excess;

or would have discovered, that prohibition only were the cause of

boundless excesses; that to subdue the appetite nothing was necessary

but to solicit it; and that what was always offered would never be

received? The Indians, in the simplicity of men unacquainted with

European and British refinements, imagined, that to put an end to the

use of any thing, it was only necessary to take it away; and

conceived, that they could not promote sobriety more effectually, than

by allowing the people nothing with which they could be drunk.

But if our politicians should send missionaries to teach them the art

of government, they would quickly be shown, that if they would

accomplish their design, they must appoint every tenth man among them

to distribute spirits to the nine, and to drink them himself in what

quantity they shall desire, and that then the peace of their country

will be no longer disturbed by the quarrels of debauchery.

It is, indeed, not without amazement, that I hear this bill seriously

defended as a scheme for suppressing drunkenness, and find some lords,

who admit that fifty thousand houses will be opened for the publick

sale of spirits, assert that a less quantity of spirits will be sold.

The foundation of this opinion is in itself very uncertain; for

nothing more is urged, but that all who sell under the sanction of a

license, will be ready to inform against those by whom no license has

been purchased; and that, therefore, fifty thousand licensed retailers

may hurt a greater number who now sell spirits in opposition to the

law.

All this, my lords, is very far from certainty; for it cannot be

proved, that there are now so great a number of retailers as this act

may produce: it is likely that security will encourage many to engage

in this trade, who are at present deterred from it by danger. It is

possible, that those who purchase licenses may nevertheless forbear to

prosecute those that sell spirits without the protection of the law.

They may forbear, my lords, from the common principles of humanity,

because they think those poor traders deserve rather pity than

punishment; they may forbear from a principle that operates more

frequently, and too often more strongly; a regard to their own

interest. They may themselves offend the law by some other parts of

their conduct, and may be unwilling to provoke an inspection into

their own actions, by betraying officiously the faults of their

neighbours; or they may be influenced by immediate terrours, and

expect to be hunted to death by the rage of the populace.

All these considerations may be urged against the only supposition

that has been made, with any show of reason, in favour of the bill;

and of these various circumstances, some one or other will almost

always be found. Every man will have either fear or pity, because

almost every good man is inclined to compassion, and every wicked man

is in danger from the law; and I do not see any reason for imagining

that the people will tolerate informers more willingly now than in the

late years.

But suppose it should be granted, though it cannot be certain, and has

not yet been shown to be probable, that the clandestine trade will be

interrupted; I am not able to follow these ministerial reasoners

immediately to the consequence which they draw from this concession,

and which must be drawn from it, if it be of any use in the decision

of the question, nor can see that the consumption of spirituous

liquors will be made less.

Let us examine, my lords, the premises and the consequences together,

without suffering our attention to be led astray by useless

digressions. Spirits will be now sold only with license! therefore

less will be sold than when it was sold only by stealth!

Surely, my lords, such arguments will not much influence this

assembly. Why, my lords, should less be bought now than formerly? It

is not denied, that there will be in every place a licensed shop,

where drunkards may riot in security; and what can be more inviting to

wretches who place in drunkenness their utmost felicity I If you

should favourably suppose no more to be sold, yet why should those who

now buy any supposed quantity, buy less when the restraint is taken

away?

If it be urged, that the present law does in reality impose no

restraint, the intended act will make no alteration. There is no real

prohibition now, there will be no nominal prohibition hereafter; and,

therefore, the law will only produce what its advocates expect from

it, a yearly addition to the revenue of the government. But, my lords,

let us at last inquire to what it is to be imputed, that the present

law swells the statute book to no purpose? and why this pernicious

trade is carried on with confidence and security, in opposition to the

law? It will not surely be confessed, that the government has wanted

authority to execute its own laws; that the legislature has been awed

by the populace, by the dregs of the populace, the drunkards and the

beggars! Yet when the provisions made for the execution of a law so

salutary, so just, and so necessary, were found defective, why were

not others substituted of greater efficacy? Why, when one informer was

torn in pieces, were there not new securities proposed to protect

those who should by the same offence displease the people afterwards?

The law, my lords, has failed of a great part of its effect; but it

has failed by cowardice on one part, and negligence on another; and

though the duty, as it was laid, was in itself somewhat invidious, it

would, however, have been enforced, could the revenue have gained as

much by the punishment as was gained by the toleration of debauchery.

It has, however, some effect; it may be imagined, that no man can be

trusted where he is not known, and that some men are known too well to

be trusted; and, therefore, many must be occasionally hindered from

drinking spirits, while the law remains in its present state; who,

when houses are set open by license, will never want an opportunity of

complying with their appetites, but may at any time enter confidently,

and call for poison, and mingle with numerous assemblies met only to

provoke each other to intemperance by a kind of brutal emulation and

obstreperous merriment.

This bill, therefore, my lords, is, as it has been termed, only an

experiment; an experiment, my lords, of a very daring kind, which none

would hazard but empirical politicians. It is an experiment to

discover how far the vices of the populace may be made useful to the

government, what taxes may be raised upon poison, and how much the

court may be enriched by the destruction of the subjects.

The tendency of this bill is so evident, that those who appeared as

its advocates have rather endeavoured to defeat their opponents by

charging their proposals with absurdity, than by extenuating the ill

consequence of their own scheme.

Their principal charge is, that those who oppose the bill recommend a

total prohibition of all spirits. This assertion gives them an

opportunity of abandoning their own cause, to expatiate upon the

innocent uses of spirits, of their efficacy in medicine, and their

convenience in domestick business, and to advance a multitude of

positions which they know will not be denied, but which may be at once

made useless to them, by assuring them, that no man desires to destroy

the distillery for the pleasure of destroying it, or intends any thing

more than some provisions which may hinder distilled spirits from

being drunk by common people upon common occasions.

Having thus obviated the only answer that has hitherto been made to

the strong arguments which have been offered against the bill, I must

declare, that I have heard nothing else that deserves an answer, or

that can possibly make any impression in favour of the bill; a bill,

my lords, teeming with sedition and idleness, diseases and robberies;

a bill that will enfeeble the body, corrupt the mind, and turn the

cities of this populous kingdom into prisons for villains, or

hospitals for cripples; and which I think it, therefore, our duty to

reject.

Lord LONSDALE next spoke to the effect following:--My lords, the

bill, on which we are now finally to determine, is of such a tendency,

that it cannot be made a law, without an open and avowed disregard of

all the rules which it has been hitherto thought the general interest

of human nature to preserve inviolable. It is opposite at once to the

precepts of the wise, and the practice of the good, to the original

principles of virtue and the established maxims of policy.

I shall, however, only consider it with relation to policy, because

the other considerations will naturally coincide; for policy is only

the connexion of prudence with goodness, and directs only what virtue

each particular occurrence requires to be immediately practised.

The first principle of policy, my lords, teaches us, that the power

and greatness of a state arises from the number of its people;

uninhabited dominions are an empty show, and serve only to encumber

the nation to which they belong; they are a kind of pompous ornaments,

which must be thrown away in time of danger, and equally unfit for

resistance and retreat.

In the present war, my lords, if the number of our people were equal

to that of the two nations against which we are engaged, the

narrowness of our dominions would give us a resistless superiority; as

we have fewer posts to defend, we might send more forces to attack our

enemies, who must be weak in every part, because they must be

dispersed to a very great extent. The torrent of war, as a flood of

water, is only violent while it is confined, but loses its force as it

is more diffused.

In consequence of this maxim, my lords, it is proposed, that because

we are at war against two mighty powers, we shall endeavour to destroy

by spirits at home, those who cannot fall by the sword of the enemy,

and that we endeavour to hinder the production of another generation;

for it is well known, my lords, and has in this debate been

universally allowed, that the present practice of drinking spirits

will not only destroy the present race, but debilitate the next.

This surely, my lords, is a time at which we ought very studiously to

watch over the preservation of those lives which we are not compelled

to expose, and endeavour to retrieve the losses of war by encouraging

industry, temperance, and sobriety.

Another principle of government which the wisdom of our progenitors

established, was to suppress vice with the utmost diligence; for as

vice must always produce misery to those whom it infects, and danger

to those who are considered as its enemies, it is contrary to the end

of government; and the government which encourages vice is necessarily

labouring for its own destruction; for the good will not support it,

because they are not benefited by it, and the wicked will betray it,

because they are wicked.

How little then, my lords, do our sagacious politicians understand

their own interest by promoting drunkenness and luxury, of which the

natural train of consequences are idleness, necessity, wickedness,

desperation, sedition, and anarchy! How little do they understand what

it is that gives stability to the fabrick of our constitution, if they

imagine it can long stand, when it is not supported by virtue.

In consequence of these maxims, another may be advanced, that all

trades which tend to impair either the health or virtue of the people,

should be interdicted; for since the strength of the community

consists in the number and happiness of the people, no trade deserves

to be cultivated which does not contribute to the one or the other;

for the end of trade, as of all other human attempts, is the

attainment of happiness.

If any trade that conduces not to the happiness of the community by

increasing either the number or the virtue of the people, be

industriously cultivated, the legislature ought to suppress it; if any

manufacture that administers temptations to wickedness be flourishing

and extensive, it has already been too long indulged; and the

government can atone for its remissness only by rigorous inhibition,

severe prosecutions, and vigilant inquiries.

That the trade of distilling, my lords, had advanced so fast among us,

that our manufacturers of poison are arrived at the utmost degree of

skill in their profession, and that the draughts which they prepare

are greedily swallowed by those who rarely look beyond the present

moment, or inquire what price must be paid for the present

gratification; that the people have been so long accustomed to daily

stupefaction, that they are become mutinous, if they are restrained

from it; and that the law which was intended to suppress their luxury

cannot, without tumults and bloodshed, be put in execution, are, in my

opinion, very affecting considerations, but they can surely be of no

use for the defence of this bill.

The more extensive the trade of distilling, the more must swallow the

poison which it affords; the more palatable the liquor is made, the

more dangerous is the temptation; and the more corrupt the people are

become, the more urgent is the necessity of extirpating those that

have corrupted them.

I am not, my lords, less convinced of the importance of trade, than

those lords who have spoken in the most pathetick language for the

continuance of the manufacture; but my regard for trade naturally

determines me to vote against a bill by which idleness, the pest of

commerce, must be encouraged, and those hands, by which our trade is

to be carried on, must be first enfeebled, and soon afterwards

destroyed.

Nor is this kind of debauchery, my lords, less destructive to the

interest of those whose riches consist in lands, than of those who are

engaged in commerce; for it undoubtedly hinders the consumption of

almost every thing that land can produce; of that corn which should be

made into bread, and brewed into more wholesome drink; of that flesh

which is fed for the market, and even of that wool which should be

worked into cloth. It has been often mentioned ludicrously, but with

too much truth, that strong liquors are to the meaner people, meat,

drink, and clothes; that they depend upon them alone for sustenance

and warmth, and that they desire to forget their wants in drunkenness

rather than supply them. If we, therefore, examine this question with

regard to trade, we shall find, that the money which is spent in

drunkenness for the advantage only of one distiller, would support, if

otherwise expended, a great number of labourers, husbandmen, and

traders; since one man employed at the still may supply with the means

of debauchery such numbers as could not be furnished with innocent

victuals and warm clothes, but by the industry of many hands, and the

concurrence of many trades.

Numbers, my lords, are necessary to success in commerce as in war; if

the manufacturers be few, labour will be dear, and the value of the

commodity must always be proportioned to the price of labour.

These, my lords, are the arguments by which I have hitherto been

incited to oppose this bill, which I have not found that any of its

defenders can elude or repel; for they content themselves with a

cowardly concession to the multitude, allow them to proceed in

wickedness, confess they have found themselves unable to oppose their

sovereign pleasure, or to withhold them from pursuing their own

inclinations; and, therefore, have sagaciously contrived a scheme, by

which they hope to gain some advantage from the vices which they

cannot reform.

But who, my lords, can, without horrour and indignation, hear those

who are entrusted with the care of the publick, contriving to take

advantage of the ruin of their country?

Let others, my lords, vote as their consciences will direct them, I

shall likewise follow the dictates of my heart, and shall avoid any

concurrence with a scheme, which, though it may for a time benefit the

government, must destroy the strength and virtue of the people, and at

once impair our trade and depopulate our country.

Lord CARTERET then rose up, and spoke in substance as follows:--My

lords, the warmth with which this debate has been hitherto carried on,

and with which the progress of this bill has been opposed, is, in my

opinion, to be imputed to strong prejudices, formed when the question

was first proposed; by which the noble lords have been incited to warm

declamations and violent invectives; who, having once heated their

minds with suspicions, have not been able to consider the propositions

before them with calmness and impartiality; but have pursued their

first notions, and have employed their eloquence in displaying the

absurdity of positions never advanced, and the mischief of

consequences which will never be produced.

It is first to be considered, my lords, that this bill is intended,

not to promote, but to hinder, the consumption of spirituous liquors;

it is, therefore, by no means necessary to expatiate upon that which

is presupposed in the bill, the pernicious quality of spirits, the

detestable nature of drunkenness, the wickedness or miseries which are

produced by it. Almost all that has been urged by the noble lords who

have spoken with the greatest warmth against the bill, may reasonably

be conceived to have been advanced for it by those who projected it;

of whom it may be justly imagined, that they were fully convinced how

much spirits were abused by the common people, and how much that abuse

contributed to the wickedness which at present prevails amongst us,

since they thought it necessary to prevent them by a new law.

But, my lords, when they saw that the abuse of distilled liquors was

in a very high degree detrimental to the publick, they saw, likewise,

that the trade of distilling was of great use; that it employed great

numbers of our people, and consumed a great part of the produce of our

lands; and that, therefore, it could not be suppressed, without

injuring the publick, by reducing many families to sudden poverty, and

by depriving the farmers of a market for a great part of their corn.

In the plains of the western part of this island, the grain that is

chiefly cultivated is barley, and that barley is chiefly consumed by

the distillers; nor, if they should be at once suppressed, could the

husbandman readily sell the produce of his labour and his grounds, or

the landlord receive rent for his estate; since it would then produce

nothing, or what is in effect the same, nothing that could be sold.

It is, indeed, possible, my lords, that the Dutch might buy it; but

then it must be considered, that we must pay them money for the

favour, since we allow a premium upon exportation, and that we shall

buy it back again in spirits, and, consequently, pay them for

manufacturing our own product. For it is not to be imagined, that any

law will immediately reclaim the dispositions, or reform the appetites

of the people. They are well known to have drank spirits before they

were made in our country, and to indulge themselves at present in many

kinds of luxury which are yet loaded with a very high tax. It is not,

therefore, probable, that upon the imposition of a high duty they will

immediately desist from drinking spirits; they will, indeed, as now,

drink those which can be most easily procured; and if, by a high tax

suddenly imposed, foreign spirits be made cheaper than our own,

foreign spirits will only be used, our distillery will be destroyed,

and our people will yet not be reformed.

That heavy taxes will not deter the people from any favourite

enjoyment, has been already shown by the unsuccessfulness of the last

attempt to restrain them from the use of spirits, and may be every day

discovered from the use of tobacco, which is universally taken by the

common people, though a very high duty is laid upon it, and though a

king thought it so pernicious that he employed his pen against it. The

commons, therefore, prudently forbore to use violent measures, which

might disgust the people, but which they had no reason to believe

sufficient to reform them, and thought it more expedient to proceed by

more gentle methods, which might operate by imperceptible degrees, and

which might be made more forcible and compulsive, if they should be

found ineffectual.

Another evil will by this method, likewise, be avoided, which is the

certain consequence of high duties; this tax will produce no

clandestine frauds nor rebellious defiance of the legislature; the

distillers will not be tempted to evade this impost by perjuries, too

often practised where the profit of them is great, nor smugglers to

assemble in numerous troops with arms in their hands, and carry

imported liquors through the country by force, in opposition to the

officers of the customs, and the laws of the nation. That this,

likewise, is practised upon other occasions to escape heavy taxes, all

the weekly papers inform us; nor are there many months in which some

of the king's officers are not maimed or murdered doing of their duty.

All these evils, my lords, and a thousand others, will be avoided by

an easy tax; in favour of which I cannot but wonder, that it should be

necessary to plead so long, since every nation, which has any

pretension to civility or a regular government, will agree, that heavy

imposts are not to be wantonly inflicted, and that severity is never

to be practised till lenity has failed.

It, therefore, appears to me, my lords, that justice, reason, and

experience, unite in favour of this bill; and that nothing is to be

feared from it, but that it will not be sufficiently coercive, nor

restrain the abuse of spirits so much as is hoped by those that have

stood up in its vindication. That it can encourage drunkenness, or

increase the consumption of distilled liquors, is surely impossible;

for they are now drunk without restraint; and therefore no restraint

will be taken away: and since their price must be increased by a

double duty, it may reasonably be conceived, that those who now spend

all that they can gain by their labour in drunkenness, must be content

with less than before, because they will have no more to spend; and

what has hitherto enabled them to riot in debauchery will no longer be

sufficient for the same purposes; the same excess will require more

money, and more money cannot be had.

I do not affirm, my lords, that the success of this bill is

demonstrably certain; nor can I deny that many arguments have been

alleged against it which cannot easily be confuted; all that I can

venture to assert is, that in my opinion, the reasons _for_ the bill

preponderate, not that those _against_ it, are without weight.

Of this, at least, we are certain, that the bill can produce no ill

consequences; and that if the experience of the ensuing year shall

show it to be ineffectual, it may be amended in the next session by

new provisions, which we shall be then more able to adjust for the

benefit of the publick.

All laws, especially those which regard complicated and intricate

affairs, have been perfected by degrees; experience has discovered

those deficiencies which sagacity could not foresee, and the progress

of human wisdom has been always slow. To charge any scheme with

imperfection, is only to allege that it is the production of men, of

beings finite in their capacity, and liable to errour; nor do I see

what can be recommended to such beings, more than what the government

is now endeavouring to practise, that nothing should be done

precipitately, and that experience should always be trusted rather

than conjecture.

Lord LONSDALE next spoke to the effect following:--My lords, the

arguments of the noble lord have by no means influenced me to alter my

opinion; nor do I now rise up to pronounce a recantation of any of my

former assertions, but to explain one of them, which the noble lord

has been pleased to controvert.

He observes, in opposition to my argument, that the distillery

contributes to the consumption of the produce of our grounds, and, by

consequence, to the advantage of those who possess them; but I, my

lords, am inclined to believe that it produces a contrary effect, and

that it hinders the consumption, even of that grain which is employed

in it.

We may reasonably suppose, my lords, that they who now drink distilled

liquors, would, if they were debarred from them, endeavour to obtain

from ale and beer the same renovation of their vigour, and relaxation

of their cares; and that, therefore, more ale would be brewed, as

there would be more purchasers: if, therefore, the same quantity of

malt, which is sufficient, when distilled, to produce intoxication,

would, when brewed into ale, have the same effect, the consumption

would still be the same, whether ale or spirits were in use; but it is

certain, that the fourth part of the malt which is necessary to

furnish ale for a debauch, will, when exalted in the still, be

sufficient to satisfy the most greedy drunkard; and it is, therefore,

evident, that he who drinks ale, consumes more barley by three parts

in four than he who indulges, the use of spirits, supposing them both

equally criminal in the excess of their enjoyments.

The noble lord has taken occasion to mention tobacco as an instance of

the obstinacy with which the people persevere in a practice to which

they are addicted. Of the obstinacy of the people, my lords, I am

sufficiently convinced; but hope that it will never be able to

overpower the legislature, who ought to enforce their laws, and

invigorate their efforts in proportion to the atrociousness of the

corruption which they are endeavouring to extirpate: nor do I think so

meanly of government, as to believe it unable to repress drunkenness

or luxury, or in danger of being subverted in a contest about spirits

or tobacco.

Tobacco, indeed, has not properly been produced as an instance; for I

never heard, that however it may be disapproved by particular men, of

whatever rank or abilities, it was prohibited by law; nor should I

think any such prohibition necessary or reasonable; for tobacco, my

lords, is not poison, like distilled spirits, nor is the use of it so

much injurious to health, as offensive to delicacy.

The poisonous and destructive quality of these liquors is confessed by

the noble lord, a confession with which I find it very difficult to

reconcile his solicitude for the distillery; for when it is once

granted, that spirits corrupt the mind, weaken the limbs, impair

virtue, and shorten life, any arguments in favour of those who

manufacture them come too late, since no advantage can be equivalent

to the loss of honesty and life. When the noble lord has urged that

the distillery employs great numbers of hands, and, therefore, ought

to be encouraged, may it not, upon his own concession, be replied,

that those numbers are employed in murder, and that their trade ought,

like that of other murderers, to be stopped? When he urges that much

of our grain is consumed in the still, may we not answer, and answer

irresistibly, that it is consumed by being turned into poison, instead

of bread? And can a stronger argument be imagined for the suppression

of this detestable business, than that it employs multitudes, and that

it is gainful and extensive?

Nor can I discover, my lords, how the care of preserving the

distillery is consistent with the ends which the preamble in this bill

declares to be proposed, or which the advocates for it appear to

desire. If the consumption of distilled spirits is to be hindered, how

is the distillery to remain uninjured? If the trade of distilling is

not to be impaired, what shall hinder the consumption of spirits? So

far as this bill operates, the distillers must be impoverished by it;

and if they may properly and justly suffer a small diminution of their

profit for a small advantage to the publick, why will not a greater

benefit be equivalent to a greater diminution?

Nothing, my lords, is more apparent, than that the real design of this

bill, however its defenders may endeavour to conceal it in the mist of

sophistry, is to lay only such a tax as may increase the revenue; and

that they have no desire of suppressing that vice which may be made

useful to their private purpose, nor feel any regret to fill the

exchequer by the slaughter of the people.

Lord AYLESFORD then rose up, and spoke to the following purpose:--My

lords, the noble lord who spoke last in defence of this new scheme,

appears to have imbibed very strong prejudices in favour of the

distillery, from which he finds it practicable to draw large sums for

the support of the measures which have been already formed, and which

he, therefore, considers as the most important and beneficial trade of

the British nation.

It is not improbable, my lords, that in a short time all the

provisions which have been made by the wisdom of our ancestors for the

support of the woollen manufacture, will be transferred for the

encouragement of the distillery, which appears to be at present the

reigning favourite; for it is evident, that both manufactures cannot

subsist together, and that either must be continued by the ruin of the

other.

Of these rivals, which is doomed to fall we may conjecture from the

encomium just now bestowed upon the prudence of the commons, by whom

the darling distillery has been so tenderly treated; yet that the

trade, in which the bounty of nature has enabled us to excel all other

nations of the world, may not be suffered to perish in silence, I will

take this opportunity to declare, that this boasted prudence can, in

my opinion, produce no other effects than poverty and ruin, private

calamities, and general wickedness; that by encouraging drunkenness at

the expense of trade, it will stop all the currents by which the gold

of foreign nations has flowed upon us, and expose us to conquest and

to slavery.

[Thus ended this memorable debate. The question being put, was

determined in favour of the bill by 57 against 38.]

The Works of Samuel Johnson, LL.D. Volume 11. Parlimentary Debates II. · 第 24 / 25 题