How much the publick calamities of war are improved by the sailors to their own private advantage; how generally they shun the publick service, in hopes of receiving exorbitant wages from the merchants; and how much they extort from the merchants, by threatening to leave their service for that of the crown, is universally known to every officer of the navy, and every commander of a trading vessel.
A law, therefore, sir, to restrain them in time of war from such exorbitant demands; to deprive them of those prospects which have often no other effect than to lull them in idleness, while they skulk about in expectation of higher wages; and to hinder them from deceiving themselves, embarrassing the merchants, and neglecting the general interest of their country, is undoubtedly just. It is just, sir, because in regard to the publick it is necessary to prevent the greatest calamity that can fall upon a people, to preserve us from receiving laws from the most implacable of our enemies; and it is just, because with respect to particular men it has no tendency but to suppress idleness, fraud, and extortion.
Mr. Henby FOX spoke next:—Sir, I have no objection to any part of this clause, except the day proposed for the commencement: to make a law against any pernicious practice, to which there are strong temptations, and to give those whose interest may incite them to it, time to effect their schemes, before the law shall begin to operate, seems not very consistent with wisdom or vigilance.
It is not denied, sir, that the merchants are betrayed by that regard to private interest which prevails too frequently over nobler views, to bribe away from the service of the crown, by large rewards, those sailors whose assistance is now so necessary to the publick; and, therefore, it is not to be imagined that they will not employ their utmost diligence to improve the interval which the bill allows in making contracts for the ensuing, year, and that the sailors will not eagerly engage themselves before this law shall preclude their prospects of advantage.
As, therefore, to make no law, and to make a law that will not be observed, is in consequence the same; and the time allowed by the clause, as it now stands, may make the whole provision ineffectual; it is my opinion, that either it ought to begin to operate to-morrow, or that we ought to leave the whole affair in its present state.
Then sir Robert WALPOLE spoke as follows:—Sir, nothing has a greater appearance of injustice, than to punish men by virtue of laws, with which they were not acquainted; the law, therefore, is always supposed to be known by those who have offended it, because it is the duty of every man to know it; and certainly it ought to be the care of the legislature, that those whom a law will affect, may have a possibility of knowing it, and that those may not be punished for failing in their duty, whom nothing but inevitable ignorance has betrayed into offence.
But if the operation of this law should commence to-morrow, what numbers may break it, and suffer by the breach of it involuntarily, and without design; and how shall we vindicate ourselves from having been accessory to the crime which we censure and punish?
Mr. FOX replied:—Sir, I shall not urge in defence of my motion what is generally known, and has been frequently inculcated in all debates upon this bill, that private considerations ought always to give way to the necessities of the publick; for I think it sufficient to observe, that there is a distinction to be made between punishments and restraints, and that we never can be too early in the prevention of pernicious practices, though we may sometimes delay to punish them.
The law will be known to-morrow, to far the greatest number of those who may be tempted to defeat it; and if there be others that break it ignorantly, how will they find themselves injured by being only obliged to pay less than they promised, which is all that I should propose without longer warning. The debate upon this particular, will be at length reduced to a question, whether a law for this purpose is just and expedient? If a law be necessary, it is necessary that it should be executed; and it can be executed only by commencing to-morrow.
Lord BALTIMORE spoke thus:—Sir, it appears to me of no great importance how soon the operation of the law commences, or how long it is delayed, because I see no reason for imagining that it will at any time produce the effects proposed by it.