I am, therefore, inclined to believe that the suspicion of great numbers hid in the country, at a distance from the coast, is merely chimerical; and that if we should pass this bill, we should do nothing more than grant an oppressive and unconstitutional power of search for what, in reality, is not to be found.
How oppressive this power may become in the hands of a corrupt or insolent magistrate, any man may discover, who remembers that the magistrate is made judge without appeal, of his own right to denominate any man a sailor, and that he may break open any man's doors at any time, without alleging any other reason than his own suspicion; so that no man can secure his house from being searched, or, perhaps, his person from being seized.
It may, indeed, be alleged, sir, that this will be only a temporary law, and is to cease with the exigence that made it necessary: but long experience has informed us, that severe laws are enacted more readily than they are repealed; and that most men are too fond of power to suffer willingly the diminution of it.
But, sir, though this law should not be perpetuated, every precedent of an infringement of our constitution, makes way for its dissolution; and the very cessation of an oppressive law, may be a plea, hereafter, for the revival of it.
This bill, therefore, must be confessed to be at once violent and ineffectual; to be a transgression of the laws of justice to particular men, without any prospect of real benefit to the community; and, therefore, cannot be passed without deviating at once from prudence and our constitution.
Captain CORNWALL then rose, and spoke to this effect:—I have observed, sir, that every man is apt to think himself ill treated, who is not treated according to his own opinion of his deserts, and will endeavour to diffuse his own notion of the partiality and tyranny of the naval officers; general clamours, therefore, are little to be regarded.
I have had, from my early years, a command in the sea service, and can assert, that I never knew more than one instance of injustice, and that was punished with the severity which it deserved.
The PRIME MINISTER rose next, and spoke to this effect:—Mr. Chairman, it is with uncommon satisfaction that I see every clause of this bill regularly debated, without unbecoming impatience, or passionate exclamations. I am willing to collect from this conduct, that the disposition of every gentleman is, on this occasion, the same with my own; and that every expedient here proposed will be diligently examined, and either be seriously approved, or be calmly rejected.
Such coolness and impartiality, sir, is certainly required by the importance of the present question; a question which cannot but influence the prosperity of the nation for many years.
It is not necessary to remind any gentleman of the importance of our trade, of the power of the enemy against whom we have declared war in defence of it, or of the necessity of showing the world that our declarations of war are not empty noises, or farces of resentment. But it may be proper, sir, to remark, that this is not the only enemy, nor the most powerful, whose attempts we have reason to provide against, and who may oblige us to exert our whole power, and practise every expedient to increase our forces.