It is more prudent to leave the merchants at liberty to pursue those measures which experience shall dictate upon every occasion, and suffer them to snatch the present opportunity of honest gain, whenever it shall happen; they will never injure their own interest by the use of this liberty, and by preserving themselves, they will preserve the nation from detriment; nor will they need to be restrained by a law proposed without their solicitation, and of which they cannot discover any beneficial consequences.
Mr. Horace WALPOLE spoke next, to this purpose: — Sir, for the bill now before us I have no particular fondness, nor desire that it should be promoted by any other means than rational arguments, and the representation of indubitable facts.
I have no regard, sir, in this inquiry, to any private interest, or any other desire than that of securing the interest of my country, which, in my opinion, evidently requires that we should give no assistance to our enemies, that our merchants should cooperate with our navies, and that we should endeavour to withhold every thing that may make the war less burdensome to them, and, consequently, of longer continuance.
It was observed, sir, in the beginning of the debate, by a gentleman eminently skilled in mercantile affairs, that insurance was practised by many nations; but he did not inform us of what one of the clauses makes it proper to inquire, whether they allowed the method of insuring interest or no interest, and rating ships at an imaginary value. This is, I know, prohibited by the Dutch, a nation whose authority on commercial questions will not be disputed, nor do they allow their East Indian ships to be insured at all.
The difficulty of estimating the value of any cargo has been urged in defence of this practice, nor is the defence wholly without weight, because the cargo in many voyages cannot be ascertained. I shall, however, take this opportunity of observing, though I may somewhat digress from the present argument, how necessary it is that some of our exported cargoes should be exactly specified.
I have been lately informed, sir, that six ships laden with British wool, have entered at one time into a port of France; nor do I know how this practice, which is justly complained of as pernicious to our trade, and threatening the ruin of our country, can be prevented but by a constant and regular particularization of every cargo carried to France.
I admit, sir, that some cargoes which are imported cannot be particularly registered; such is the gold with which we are daily supplied by our commerce with the Portuguese, in opposition to their laws, and which our merchants are, therefore, under the necessity of concealing.
It is not, indeed, easy to foresee all the inconveniencies that may arise from new regulations of commerce; but the difficulty is not so great as has been represented, nor can I conceive why all our consultations on trade should be without effect. Gentlemen may obtain some knowledge of commerce from their own observation, which they may enlarge by an unconfined and indifferent conversation with traders of various classes, and by inquiries into the different branches of commerce; inquiries, sir, which are generally neglected by those whose employments confine their attention to particular parts of commerce, or whose application to business hinders them from attending to any opinions but those which their own personal experience enables them to form.
From these informations impartially collected, and diligently compared, a man not engaged in the profession of a merchant may form general principles, and draw consequences, more certain, and more extensive in their relations, than those which are struck out only from the observation of one subdivided species of commerce.
A member of this house, sir, thus enlightened by inquiry, and whose judgment is not diverted from its natural rectitude by the impulse of any private consideration, may judge of any commercial debate with less danger of errour or partiality than the merchants, of whom, nevertheless, I have the highest esteem, and whose knowledge, or probity, I do not intend to depreciate, when I declare my fears that they may sometimes confound general maxims of trade with the opinions of particular branches, and sometimes mistake their own gain for the interest of the publick.
The interest of the merchants ought, indeed, always to be considered in this house; but then it ought to be regarded only in subordination to that of the whole community, a subordination which the gentleman who spoke last seems to have forgotten. He may, perhaps, not intend long to retain his senatorial character, and, therefore, delivered his opinion only as a merchant.
He has distinguished between the conduct of experienced and unskilful insurers, with how much justice I shall not determine. I am afraid that a vigorous inquiry would discover, that neither age nor youth has been able to resist strong temptations to some practices, which neither law nor justice can support, and that those, whose experience has made them cautious, have not been always equally honest.
But this is a subject upon which I am not inclined to dwell, and only mention as the reason which convinces me of the propriety of the bill before us.
Sir William YONGE spoke to this effect: — Sir, there appears no probability that the different opinions which have been formed of this bill will be reconciled by this debate; nor, indeed, is there any reason for wondering at this contrariety of sentiments.
The several clauses of the bill have relations and consequences so different, that scarce any one man can approve them all; and in our present deliberation, an objection to a particular clause is considered as an argument against the whole bill.
It is, therefore, necessary, to prevent an unprofitable expense of time, to resolve the house into a committee, in which the bill may be considered by single clauses, and that part which cannot be defended may be rejected, and that only retained which deserves our approbation. In the committee, when we have considered the first clause, and heard the objections against it, we may mend it; or, if it cannot be amended, reject or postpone it, and so proceed through the whole bill with much greater expedition, and at the same time, with a more diligent view of every clause, than while we are obliged to take the whole at once into our consideration.
I shall, for my part, approve some clauses, and make objections to others; but think it proper to reserve my objections, and the reasons of my approbation, for the committee into which we ought to go on this occasion.
[The bill was referred to a committee, but not forty members staying in the house, it was dropped.]
HOUSE OF COMMONS, MARCH 2, 1740-1.
DEBATE ON THE BILL FOR THE ENCOURAGEMENT AND
INCREASE OF SEAMEN.
The bill was ordered to be read the second time, and to be printed for the use of the members, that it might be thoroughly examined and understood.
On the forty-fourth day, the second reading of the bill was postponed to the fiftieth; but the grand motion being debated on that day, nothing else was heard.
On the fifty-first it was again put off; but
On the fifty-sixth day, being read a second time, it was, after some opposition, referred to a committee of the whole house, to sit five days after. In the meanwhile,
On the fifty-seventh, it was ordered that the proper officers do lay before this house an account of what persons were authorized, by virtue of the act in the 4th of queen Anne, for “the encouragement and increase of seamen, and for the better and speedier manning her fleet;” to conduct seamen or seafaring men taken upon privy searches made by applications to justices; and what number of seamen or seafaring men were returned; also, the charge attending the same.
On the sixty-first day, moved that the said account should be read; which being done, the house resolved itself into a grand committee on the present bill; and the first clause being read, proposing the blanks to be filled thus: that every volunteer seamen, after five years’ service, be entitled to six pounds per year, during life.
Sir John BARNARD rose, and spoke as follows: — Sir, as it is our duty to provide laws, by which all frauds and oppressions may be punished, when they are detected, we are no less obliged to obviate such practices as shall make punishments necessary; nor are we only to facilitate the dete
ction, but take away, as far as it is possible, the opportunities of guilt. It is to no purpose that punishments are threatened, if they can be evaded, or that rewards are offered, if they may by any mean artifices be withheld.
For this reason, sir, I think it necessary to observe, that the intent of this clause, the most favourable and alluring clause in the bill, may lose its effect by a practice not uncommon, by which any man, however inclined to serve his country, may be defrauded of the right of a volunteer.
Many men have voluntarily applied to the officers of ships of war, and after having been rejected by them as unfit for the service, have been dragged on board within a few days, perhaps within a few hours afterwards, to undergo all the hardships, without the merit, of volunteers.
When any man, sir, has been rejected by the sea officers, he ought to have a certificate given him, which shall be an exemption from an impress, that if any other commander shall judge more favourably of his qualifications, he may always have the privilege of a volunteer, and be entitled to the reward which he deserved, by his readiness to enter the service.
If such provisions are not made, this hateful practice, a practice, sir, common and notorious, and very discouraging to such as would enter the service of the publick, may so far prevail, that no man shall be able to denominate himself a volunteer, or claim the reward proposed by the bill.
Admiral WAGER spoke next, to the following effect: — Sir, it is not common for men to receive injuries without applying for redress, when it may certainly be obtained. If any proceedings like those which are now complained of, had been mentioned at the board of admiralty, they had been immediately censured and redressed; but as no such accusations were offered, I think it may probably be concluded, that no such crimes have been committed.
For what purpose oppressions of this kind should be practised, it is not easy to conceive; for the officers are not at all rewarded for impressing sailors. As, therefore, it is not probable that any man acts wickedly or cruelly without temptation: as I have never heard any such injury complained of by those that suffered it, I cannot but imagine, that it is one of those reports which arise from mistake, or are forged by malice, to injure the officers, and obstruct the service.
Lord BALTIMORE rose next, and spoke to the following effect: — That the practice now complained of, sir, is very frequent, and, whatever may be the temptation to it, such as every day produces some instances of, I have reasons for asserting with great confidence. I have, within these few days, as I was accidentally upon the river, informed myself of two watermen ignominiously dragged by force into the service to which they had voluntarily offered themselves a few days before. The reasons of such oppression, it is the business of those gentlemen to inquire, whom his majesty intrusts with the care of his fleet; but to interrupt the course of wickedness, to hinder it from frustrating the rewards offered by the publick, is the province of the representatives of the people. And I hope, sir, some proviso will be made in this case.
Admiral NORRIS rose and said: — Sir, if any such practices had been frequent, to what can it be imputed, that those who employ their lives in maritime business should be strangers to them? Why have no complaints been made by those that have been injured? Or why should officers expose themselves to the hazard of censure without advantage? I cannot discover why these hardships should be inflicted, nor how they could have been concealed, and, therefore, think the officers of the navy may be cleared from the imputation, without farther inquiry.
Sir John BARNARD spoke again, to the following purpose: — Sir, it is in vain that objections are made, if the facts upon which they are founded may be denied at pleasure: nothing is more easy than to deny, because proofs are not required of a negative. But as negatives require no proof, so they have no authority, nor can any consequence be deduced from them. I might, therefore, suffer the facts to remain in their present state, asserted on one side by those that have reasons to believe them, and doubted on the other without reasons; for surely he cannot be said to reason, who questions an assertion only because he does not know it to be true.
But as every question, by which the liberty of a Briton may be affected, is of importance sufficient to require that no evidence should be suppressed by which it may be cleared, I cannot but think it proper that a committee should be formed to examine the conduct of the officers in this particular; and in confidence of the veracity of those from whom I received my information, I here promise to produce such evidence as shall put an end to controversy and doubt.
If this is not granted, sir, the fact must stand recorded and allowed; for to doubt, and refuse evidence, is a degree of prejudice and obstinacy without example. Nor is this the only objection to the clause before us, which appears very imperfect, with regard to the qualifications specified as a title to the reward. The reward ought not to be confined to those who shall hereafter be invited by the promise of it to engage in the service, while those who entered into it without any such prospect, are condemned to dangers and fatigues without a recompense. Where merit is equal, the reward ought to be equal; and, surely, where there is greater merit, the reward proposed by the senate, as an encouragement to bravery, ought not to be less. To be excluded from the advantages which others have obtained, only by avoiding the service, cannot but depress the spirit of those whose zeal and courage incited them, at the beginning of the war, to enter into the fleet; and to deject those from whom we expect defence and honour, is neither prudent nor just.
Nor is it, in my opinion, proper to offer the same reward indiscriminately to all that shall accept it; rewards ought to be proportioned to desert, and no man can justly be paid for what he cannot perform; there ought, therefore, to be some distinction made between a seaman by profession, one that has learned his art at the expense of long experience, labour, and hazard, and a man who only enters the ship because he is useless on land, and who can only incommode the sailors till he has been instructed by them.
It appears, sir, to me, a considerable defect in our naval regulations, that wages are not proportioned to ability; and I think it may not be now unseasonably proposed, that sailors should be paid according to the skill which they have acquired; a provision by which an emulation would be raised among them, and that industry excited, which now languishes for want of encouragement, and those capacities awakened which now slumber in ignorance and sloth, from the despair of obtaining any advantage by superiority of knowledge.
Sir Robert WALPOLE then rose, and spoke as follows: — That this charge, sir, however positively urged, is generally unjust, the declarations of these honourable gentlemen are sufficient to evince, since it is not probable that the injured persons would not have found some friend to have represented these hardships to the admiralty, and no such representations could have been made without their knowledge.
Yet, sir, I am far from doubting that by accident, or, perhaps, by malice, some men have been treated in this manner; for it is not in the power of any administration to make all those honest or wise whom they are obliged to employ; and when great affairs are depending, minute circumstances cannot always be attended to. If the vigilance of those who are intrusted with the chief direction of great numbers of subordinate officers be such, that corrupt practices are not frequent, and their justice such, that they are never unpunished when legally detected, the most strict inquirer can expect no more. Power will sometimes be abused, and punishment sometimes be escaped.
It is, sir, easy to be conceived that a report may become general, though the practice be very rare. The fact is multiplied as often as it is related, and every man who hears the same story twice, imagines that it is told of different persons, and exclaims against the tyranny of the officers of the navy.
But these, in my opinion, sir, are questions, if not remote from the present affair, yet by no means essential to it. The question now before us is, not what illegalities have been committed in the execution of impresses, but how impresses themselves may become less necessary? how the nation may be s
ecured without injury to individuals? and how the fleet may be manned with less detriment to commerce?
Sir, the reward now proposed is intended to excite men to enter the service without compulsion; and if this expedient be not approved, another ought to be suggested: for I hope gentlemen are united in their endeavours to find out some method of security to the publick, and do not obstruct the proceedings of the committee, that when the fleets lie inactive and useless, they may have an opportunity to reproach the ministry.
Admiral NORRIS spoke next, in substance: — Sir, though it is not necessary to enter into an accurate examination of the gentleman’s proposal, yet I cannot but observe, that by making it, he discovers himself unacquainted with the disposition of seamen, among whom nothing raises so much discontent as the suspicion of partiality. Should one man, in the same rank, receive larger wages than another, he who thought himself injured, as he who is paid less will always think, would be so far from exerting his abilities to attain an equality with his associate, that he would probably never be prevailed on to lay his hand upon the tackling, but would sit sullen, or work perversely, though the ship were labouring in a storm, or sinking in a battle.
Mr. GORE then spoke as follows: — Sir, the danger of introducing distinctions among men in the same rank, where every man that imagines his merit neglected, may have an opportunity of resenting the injury, is, doubtless, such as no prudent commander will venture to incur.
Every man, in this case, becomes the judge of his own merit; and as he will always discover some reason for the preference of another very different from superiority of desert, he will, by consequence, be either enraged or dispirited, will either resolve to desert his commander, or betray him to the enemies, or not oppose them.
I remember, sir, though imperfectly, a story which I heard in my travels, of an army in which some troops received a penny a day less than the rest; a parsimony which cost dear in the day of battle; for the disgusted troops laid down their arms before the enemy, and suffered their general to be cut in pieces.
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