We are now, my lords, therefore, to resolve, whether a bill for the reformation of this flagrant vice deserves any farther deliberation, whether we shall join with the other house in their endeavours to restore the ancient sobriety and virtue of the British people, or, by an open disapprobation of their attempt, discourage them from prosecuting their design, and debar them from using the opportunities that succeeding years may afford, and the new lights which experience may supply for improving this essay, however imperfect, to a salutary and unexceptionable law.
The prelates whose laudable zeal for the promotion of virtue has prompted them to distinguish themselves on this occasion by an uncommon warmth of opposition, ought, as they appear fully sensible of the calamities which intemperance brings upon mankind, to consider likewise the consequences of refusing to examine, in a committee, a bill professedly drawn up to restrain intemperance. They ought to remember, that by rejecting this bill without a particular examination of the several clauses which it contains, and without those particular objections which such examinations necessarily produce, we shall discover a contempt of the wisdom or virtue of the other house, which may incline them in their turn to obstruct the measures of the government, or at least to neglect that evil, however great, for the redress of which they have no reason to expect our concurrence.
Those whose particular province it is to inspect the lives of the people, to recal them from vice, and strengthen them in virtue, should certainly reflect on this occasion, that the safest method ought to be chosen; and, therefore, that this bill ought to be promoted; because, not to affirm too much, it is possible that it may produce some degree of reformation; and the worst that can be feared is, that, like the present law, it will be ineffectual; for the corruption and licentiousness of the people are already such, that nothing can increase them.
The bishop of SARUM then spoke to the following purpose: — My lords, I am so far from being convinced by the arguments of the noble duke, that the bill now before us ought to be committed without farther opposition, that, in my opinion, nothing can be more unworthy of the honour of this house, or more unsuitable to the character which those who sit on this bench ought to desire, than to agree to any vote which may have the most distant appearance of approbation.
That a bill drawn up for the reformation of manners, for the restraint of a predominant and destructive vice, for the promotion of virtue, and the enforcement of religion, ought, at least, to be calmly and particularly considered; that the laudable endeavours of the commons ought not to be discouraged by a precipitate and contemptuous rejection of the measures which they have formed for the attainment of a purpose so important, is, indeed, a specious and plausible method of persuasion; but, my lords, it can affect only those who come to deliberate upon this bill without having read it.
A very slight and cursory perusal of the bill, my lords, will dissipate all the mists which eloquence can raise; it will show that the law now proposed can neither be useful nor ineffectual, but that it must operate very powerfully, though in a manner by no means agreeable to its title.
To prevent the excessive use of any thing, by allowing it to be sold without restraint, is an expedient which the wisdom of no former age ever discovered; it is, indeed, a fallacy too gross to be admitted, even by the most inconsiderate negligence, or the most contemptuous stupidity; nor am I at all inclined to believe, that the commons will impute the rejection of this bill to our disregard of virtue, or think that we have defeated any endeavours for the suppression of wickedness.
It has been affirmed, that though by the bill the sale is permitted, it is permitted only because it cannot be hindered; and that the price is raised so high, that, though the lawful venders may be multiplied, the number of the purchasers must be diminished. But even this argument, like all others that have yet been advanced, is confuted by the bill itself, from which the tax now proposed appears to be such as, when subdivided by the small measures in which retailers sell these liquors, will scarcely be perceived, and which, though it may enrich the government, will not impoverish the people, except by destroying their health, and enervating their limbs.
The tax, my lords, even supposing it paid without any method of evasion, is so low, that in a quarter of a pint, the quantity which the lower people usually demand at once, it does not amount to any denomination of money; and so small an addition will be easily overbalanced by the sale of a larger quantity than formerly; for it cannot be doubted but the practice which prevailed in opposition to the law, will grow yet more predominant by its encouragement; and that, therefore, the advantage of a large and quick sale, will lessen the price more than so slight a tax can possibly increase it.
The noble duke has endeavoured to reduce us to difficulties, by urging, that since the corruption of the people cannot be greater, we ought willingly to agree to any law, of which the title declares that it is intended to produce a reformation, because the worst that can be feared is, that it may be without effect.
But, my lords, such is the enormous absurdity of this bill, that no plea can be offered for it with the least appearance of reason; and the greatest abilities, when they are exerted in its defence, are able only to show, by fruitless efforts, that it cannot be vindicated. If the state of the nation be really such as has been supposed, if the most detestable and odious vice has overspread the kingdom to its utmost limits, if the people are universally abandoned to drunkenness, sloth, and villany, what can be more absurd than to trifle with doubtful experiments, and to make laws which must be suspected of inefficacy? In the diseases of the state, as in those of the body, the force of the remedy ought to be proportioned to the strength and danger of the disease; and surely no political malady can be more formidable than the prevalence of wickedness, nor can any time require more firmness, vigilance, and activity, in the legislative power.
That the law, therefore, may be without effect, is, in the present state of corruption, if it has been truly represented, a sufficient reason for rejecting it, without allowing it to be committed; because there is now no time for indulgence, or for delays; a nation universally corrupt, must be speedily reformed, or speedily ruined. Those habits which have been confessed to be already too powerful for the laws now in being, may in a short time be absolutely irresistible; and that licentiousness which intimidates the officers of justice, may in another year insult the legislature.
But, my lords, I am yet willing to hope that the noble duke’s account of the wickedness of the people, was rather a rhetorical exaggeration, uttered in the ardour of dispute, than a strict assertion of facts; and am of opinion that, though vice has, indeed, of late spread its contagion with great rapidity, there are yet great numbers uninfected, and cannot believe that our condition is such as that nothing can make it more miserable.
In many parts of the country, my lords, these liquors have not yet been much used, nor is it likely that those who have never sold them, when the law allowed them, will begin an unnecessary trade, when it will expose them to penalties. But a new law in favour of spirits will produce a general inclination, and a kind of emulation will incite every one to take a license for the retail of this new liquor; and so every part of the kingdom will be equally debauched, and no place will be without a vender of statutable poison. The luxury of the vulgar, for luxury, in my opinion, it may very properly be called, will still increase, and vices and diseases will increase with it.
There is at least one part of the nation yet untainted, a part which deserves the utmost care of the legislature, and which must be endangered by a law like this before us. The children, my lords, to whom the affairs of the present generation must be transferred, and by whom the nation must be continued, are surely no ignoble part of the publick. They are yet innocent, and it is our province to take care that they may in time be virtuous; we ought, therefore, to remove from before them those examples that may infect, and those temptations that may corrupt them. We ought to reform their parents, lest they should imitate them; and to destroy
those provocatives to vice, by which the present generation has been intoxicated, lest they should with equal force operate upon the next.
There is, therefore, no occasion, my lords, for any farther deliberation upon this bill; which, if the nation be yet in any part untainted, will infect it; and if it be universally corrupted, will have no tendency to amend it; and which we ought, for these reasons to reject, that our abhorrence of vice may be publickly known, and that no part of the calamities which wickedness must produce, may be imputed to us.
Lord DELAWARE then spoke to the following effect: — My lords, as I am entirely of opinion that a more accurate examination of this bill will evince its usefulness and propriety to many of the lords who are now most ardent in opposing it, I cannot but think it necessary to consider it in a committee.
It is to be remembered, my lords, that this bill is intended for two purposes of very great importance to the publick; it is designed that the liberties of mankind shall be secured by the same provisions by which the vices of our own people are to be reclaimed, and supplies for carrying on the war shall be raised by a reformation of the manners of the people.
This, my lords, is surely a great and generous design; this is a complication of publick benefits, worthy the most exalted virtue, and the most refined policy; and though a bill in which views so distant are to be reconciled, should appear not to be absolutely perfect, it must yet be allowed to deserve regard; nor ought we to reject, without very cautious deliberation, any probable method of reforming the nation, or any easy way of raising supplies.
The encroachment of usurpation without, and the prevalence of vice within, is a conjunction of circumstances very dangerous; and to remove both by the same means, is an undertaking that surely cannot deserve either censure or contempt: if it succeeds, it may demand the loudest acclamations; and if it fails, must be at least approved.
The use, my lords, of spirituous liquors, though in the excess now so frequently to be observed, undoubtedly detrimental to multitudes, is not, in a proper degree, either criminal or unwholesome; and, therefore, ought not to be prohibited by a tax so heavy as has been proposed by a noble lord, who, if he pursues his reasoning, must propose to tax in the same proportion every other liquor that can administer to vice.
It is, however, certain, that too much is wasted in riot and debauchery; and that, therefore, some addition to the price of this liquor ought to be made, that, though the use of it may be continued, the excess may be restrained.
What will be the effects of this bill, and whether either of these benefits are to be expected from it, can be known only by an impartial examination; and therefore it ought to be discussed with that accuracy which is peculiar to a committee.
Lord LONSDALE here got up again, and spoke to this purpose: — My lords, that a bill which shall restrain the excess of drinking distilled liquors without hindering their moderate use, will deserve the applause of every lover of his country, I cannot deny; but that any such bill can be contrived, may very justly be doubted; for in proportion to their price they will always be used, and nothing can hinder excess but a high tax, such as I have already proposed.
The bill now before us, my lords, will, indeed, by no means obstruct the moderate use, because it will give an unbounded license to the most luxurious excess; if, therefore, nothing more be intended in the committee, than to consider how far this bill will promote the reformation of the people, it is surely not necessary to engage in any farther inquiries.
It has appeared already, to those who do not obstinately shut their eyes, that there is in it no provision for the prevention of that abuse of spirits which universally prevails. It has appeared, that the cheapness of licenses will not hinder the present retailers from carrying on an illegal trade; that information will not now be more safe or more frequent than before, and that the duty, if not in part evaded, may yet be probably abated from the present profits of the sale.
It has appeared, my lords, that no effect can be produced by this bill but the promotion of debauchery, the increase of drunkenness, the subversion of order, and the decay of industry; the miseries of disease, and the rage of want.
But that this bill will not produce, at least for some time, a large addition to the publick revenues, has not yet been proved; and while it is allowed that it will raise money, I do not wonder to hear it steadily defended, because nothing more is expected from it. But as I have not yet conversed enough with statesmen to persuade myself that the government ought to be supported by means contrary to the end for which government is instituted, I am still convinced that this bill ought to be rejected with contempt, because it will lessen the wealth of the nation without any equivalent advantage, and will at once impoverish the people, and corrupt them.
Lord ISLAY then spoke to this effect: — My lords, I cannot but be of opinion that this debate has been carried on with a vehemence by no means necessary, and that the question has been perplexed by a mistaken zeal, that the effects of this bill have been exaggerated, perhaps, on both sides, and that the opinions which have been formed with relation to it, are not really so opposite as they appear.
Those who oppose the bill, think the duty upon spirits not so high as to hinder that debauchery which so much prevails among us; and those that vindicate it, declare that more violent restraints will not be borne. Both parties have reason, and the vindicators of the bill have, likewise, experience on their side.
But, my lords, though severe restraints suddenly opposed to the habits and inclinations of the people, operating in their full force, may be broken through by restless struggles and obstinate resistance, yet a diminution of those gratifications will be borne which cannot wholly be taken away, and the same laws, introduced by proper degrees, will be patiently obeyed; this, therefore, may be very properly considered as the first tax necessary to be laid, which, though it may produce no great effects in itself, may at least make way for a second that shall be more sensibly felt, till at length these fatal spirits shall be raised to a price at which few will be able, and none willing, to purchase one pleasure of drunkenness.
But it is not impossible that even this tax, with the other provisions in the bill, may produce the reformation which is unanimously desired; and as violence should never be used till gentle methods have been tried, this bill ought, in my opinion, to be passed, and, therefore, to be referred to a committee without farther debate; for it will be thought, both by our allies and our enemies, that a great part of this assembly is very indifferent about the success of the war, if we delay the supplies, by disputing in what manner they shall be raised.
[The question being then put, whether the bill shall be committed, it was carried in the affirmative. And the lords DELAWARE and HERVEY being appointed tellers, the numbers were, Contents 59, Proxies 23 — 82. Not contents 38, Proxies 16 — 54.
It was remarked on this occasion, that there being ten prelates in the house, they all divided against the question; upon which the earl of CHESTERFIELD seeing them come towards him, said, he doubted if he had not mistaken the side, not having had the honour of their company for many years.
Two days after, the same bill was considered by the house of lords in a committee to which all of them were summoned, and occasioned another very important and curious debate.]
FEBRUARY 23, 1742-3.
The title of the bill on spirituous liquors being read, was postponed: then the preamble was read, importing, “that whereas great difficulties and inconveniencies had attended the putting the act 9 Geo. II. in execution, and the same had not been found effectual to answer the purposes intended,” the commons being desirous to raise the necessary supplies in the easiest manner, do grant the rates on spirituous liquors, hereafter mentioned, and repeal the present rates.
Lord HERVEY spoke to the effect following: — My lords, notwithstanding the specious arguments which were used to influence the house to permit this bill to escape the censure it deserved, and be admitted to a farther examination in a committee, I am s
till confident that nothing can justly be offered in its defence; and am not afraid to declare my opinion, that it is not approved even by those who vindicate it; of whom I cannot but believe, from long experience of their judgment and their knowledge, that they consider it only as an easy manner of raising money, as an expedient rather necessary than eligible, and such as only the exigencies of the government could have prevailed upon them to propose; for nothing is more evident, than that it cannot answer the purposes of the former bill.
This, however harsh it may appear, and however inconsistent with that delicacy with which the debates of this august assembly have generally been carried on, must surely be pardoned on this occasion, if for no other reason, at least for this, that it is not easy to forbear it, it is impossible wholly to suppress it in the mind; and to forbear to speak what cannot but be thought, is no part of the duty of a publick counsellor.
The conduct of those whose station subjects them to the resentment of the ministry, or who may be reasonably imagined to expect favours from them, has, throughout all our deliberations on this bill, been such as evidently discovers their only care to be the imposition of a new tax, and the establishment of a new fund. They do not seem to urge seriously any other argument than the necessity of raising money, or to oppose the objections that have been offered, for any other reason, than because they have a tendency to obstruct the supplies.
No other argument can, indeed, be urged in vindication of a bill which every principle of policy or justice must incite us to condemn; a bill by which the sense of morality and religion will be extinguished, and the restraints, of law made ineffectual; by which the labourer and manufacturer will be at once debilitated and corrupted, and by which the roads will be filled with thieves, and the streets with beggars.
It appears, my lords, from the papers on the table, that seven millions of gallons are every year distilled; and experience shows us, that the quality of the liquor is such, that a quarter of a pint is sufficient to intoxicate the brain. Upon this computation, my lords, it is reasonable to believe, that a twentieth part of the labouring hands of this nation are detained from their proper occupations by this kind of drunkenness; and, consequently, that a twentieth part of the trade is every year lost, or, perhaps, a twentieth part of our people every year hurried to the grave, or disabled from contributing to the publick good.
Complete Works of Samuel Johnson Page 302