I hope the reasonableness and equity of this clause is so incontestably apparent, that it will find no opposition; for what can be more cruel, unjust, or oppressive, than to punish men for neglect of a law which they have endeavoured to obey. To what purpose are rewards offered, if they are denied to those who come to claim them? What is it less than theft, and fraud, to force a man into the service, who would willingly have entered, and subject him to hardships, without the recompense which he may justly demand from the solemn promise of the legislature.
Admiral WAGER next spoke to this effect:—Sir, to this clause, which the gentleman has represented as so reasonable and just, objections may, in my opinion, be easily made, of which he will himself acknowledge the force. The great obstruction of publick measures is partiality, whether from friendship, bribery, or any other motive; against partiality alone the clause which is now offered, is levelled; and, indeed, it is so dangerous an evil, that it cannot be obviated with too much caution.
But this clause, instead of preventing private correspondence, and illegal combinations, has an evident tendency to produce them, by inciting men to apply with pretended offers of service to those who are before suborned to refuse them, then make a merit of their readiness, and demand a certificate.
By such artifices multitudes may exempt themselves from the impress, who may be known to be able sailors, even by those that conduct it; and may, under the protection of a certificate, fallaciously obtained, laugh at all endeavours to engage them in the publick service.
Mr. DIGBY spoke thus:—Sir, if this authority, lodged in the hands of those who are proposed in the clause to be intrusted with it, be in danger of being executed, without due regard to the end for which it is granted, let it be placed where there is neither temptation nor opportunity to abuse it. Let the admiralty alone have the power of granting such certificates, the officers of which will be able to judge whether the sailor is really unfit for the service, and deliver those whom age or accidents have disabled from the terrour of impresses; for surely, he that is fit to serve, when taken by violence, is no less qualified when he enters voluntarily, and he who could not be admitted when he tendered himself, ought not to be dragged away, when, perhaps, he has contracted for another voyage.
Mr. WAGER replied:—Sir, it is, doubtless, more proper to place such authority in the officers of the admiralty, than in any other; but it does not appear that the benefit which the sailors may receive from it, to whatever hands it is intrusted, will not be overbalanced by the injury which the publick will probably suffer.
Sailors are frequently levied in remote parts of the kingdom; in ports where the admiralty cannot speedily be informed of the reasons for which those that may petition for certificates have been refused, and therefore cannot grant them without danger of being deceived by fraudulent accounts.
The grievance for which the remedy is proposed cannot frequently occur; for it is not probable that in a time of naval preparations, any man qualified for the service should be rejected, since the officers gain nothing by their refusal.
Mr. HAY spoke as follows:—Sir, it is very possible that those instances which may be produced of men, who have been impressed by one officer, after they have been rejected by another, may be only the consequences of the high value which every man is ready to set upon his own abilities: for he that offers himself, no doubt, demands the highest premium, though he be not an able sailor; and, if rejected, and afterwards impressed as a novice, thinks himself at liberty to complain, with the most importunate vehemence, of fraud, partiality, and oppression.
[The question being put was resolved in the negative, almost unanimously.]