I think it, sir, not improper to declare, that I would by force oppose the execution of a law like this; that I would bar my doors and defend them; that I would call my neighbours to my assistance; and treat those who should attempt to enter without my consent, as thieves, ruffians, and murderers.
Lord GAGE spoke to this effect:—Sir, it is well known that by the laws of this nation, poverty is, in some degree, considered as a crime, and that the debtor has only this advantage over the felon, that he cannot be pursued into his dwelling, nor be forced from the shelter of his own house.
I think it is universally agreed, that the condition of a man in debt is already sufficiently miserable, and that it would be more worthy of the legislative power to contrive alleviations of his hardships, than additions to them; and it seems, therefore, no inconsiderable objection to this bill, that, by conferring the power of entering houses by force, it may give the harpies of the law an opportunity of entering, in the tumult of an impress, and of dragging a debtor to a noisome prison, under pretence of forcing sailors into the service of the crown.
Mr. TRACEY then said:—Sir, that some law for the ends proposed by the bill before us, is necessary, I do not see how we can doubt, after the declarations of the admirals, who are fully acquainted with the service for which provision is to be made; and of the ministry, whose knowledge of the present state of our own strength, and the designs of our enemies, is, doubtless, more exact than they can acquire who are not engaged in publick employments.
If, therefore, the measures now proposed are necessary, though they may not be agreeable to the present dispositions of the people, for whose preservation they are intended, I shall think it my duty to concur in them, that the publick service may not be retarded, nor the safety of a whole nation hazarded, by a scrupulous attention to minute objections.
Mr. CAMPBELL spoke as follows:—Sir, I have often, amidst my elogies on British liberty, and my declarations of the excellence of our constitution, the impartiality of our government, and the efficacy of our laws, been reproached by foreigners with the practice of impresses, as a hardship which would raise a rebellion in absolute monarchies, and kindle those nations into madness, that have, for many ages, known no other law than the will of their princes. A hardship which includes imprisonment and slavery, and to which, therefore, no aggravations ought to be added.
But if justice and reason, sir, are to be overborne by necessity; if necessity is to stop our ears against the complaints of the oppressed, and harden our hearts at the sight of their misery, let it, at least, not destroy our memories, nor deprive us of the advantages of experience.
Let us inquire, sir, what were the effects of this hateful authority when it was formerly consigned to the magistrates. Were our fleets manned in an instant? were our harbours immediately crowded with sailors? did we surprise our enemies by our expedition, and make conquests before an invasion could be suspected? I have heard, sir, of no such consequences, nor of any advantages which deserved to be purchased by tyranny and oppression. We have found that very few were procured by the magistrates, and the charge of seizing and conveying was very considerable; and, therefore, cannot but conclude that illegal measures, which have been once tried without success, should, for a double reason, never be revived.
Sir John BARNARD spoke to this effect:—Sir, it is not without regret that I rise so often on this occasion: for to dispute with those whose determinations are not influenced by reason, is a ridiculous task, a tiresome labour, without prospect of reward.
But, as an honourable gentleman has lately remarked, that by denying the necessity of the bill, instead of making objections to particular clauses, the whole design of finding expedients to supply the sea service is at once defeated; I think it necessary to remind him, that I have made many objections to this bill, and supported them by reasons which have not yet been answered. But I shall now no longer confine my remarks to single errours, but observe that there is one general defect, by which the whole bill is made absurd and useless.