But with regard, sir, to the persons whom I have mentioned, neither of these reasons have any place; they have not, from their daily employment, any opportunities of furnishing soldiery with beds or victuals, nor, by their manner of life, are adapted to support intrusion or struggle with perverseness. Nor can I discover why any man should force soldiers into their houses, who would not willingly admit them into his own.
Mr. COCKS spoke to this effect:—Sir, the practice mentioned by the honourable gentleman, I know to be generally followed by all those that keep alehouses in the suburbs of this metropolis, who pay the soldiers billeted on them a composition for their lodging, nor ever see them but when they come to receive it; so far are they from imagining that they can claim their whole subsistence at any stated price.
It is apparent, therefore, that by admitting this motion, we should not confirm a law already received, but establish a new regulation unknown to the people; that we should lay a tax upon the nation, and send our soldiers to collect it.
General WADE rose, and spoke to this purpose:—Sir, I have been long conversant with military affairs; and, therefore, may perhaps be able to give a more exact account, from my own knowledge, of the antiquity and extent of this practice, than other gentlemen have had, from their way of life; an opportunity of obtaining.
It was, sir, in the reign of king William, the constant method by which the army was supported, as may be easily imagined by those who reflect, that it was common for the soldiers to remain for eight or ten months unpaid, and that they had, therefore, no possibility of providing for themselves the necessaries of life. Their pay never was received in those times by themselves, but issued in exchequer bills for large sums, which the innkeepers procured to be exchanged and divided among themselves, in proportion to their debts.
Such was the practice, sir, in that reign, which has been generally followed to this time, and the rates then fixed have not since been changed; and as no inconveniency has arisen from this method, I can discover no reason against confirming and continuing it.
Mr. PULTKNEY spoke next, in the manner following:—Sir, those that have spoken in defence of the motion, have accused their opponents, with great confidence, of declaiming without arguments, and of wasting the time of the session in a useless repetition of objections. I do not, indeed, wonder that the objections which have been raised should have given some disgust, for who can be pleased with hearing his opponent produce arguments which he cannot answer? But surely the repetitions may be excused; for an objection is to be urged in every debate till it is answered, or is discovered to be unanswerable.
But what, sir, have those urged in defence of their own opinions, who so freely animadvert upon the reasonings of others? What proofs, sir, have they given of the superiority of their own abilities, of the depth of their researches, or the acuteness of their penetration?
They have not produced one argument in favour of their motion, but that it is founded on custom; they have not discovered, however wise and sagacious, that it is always necessary to inquire whether a custom be good or bad; for surely without such inquiry no custom ought to be confirmed. The motion which they would support, is, indeed, useless in either case, for a good custom will continue of itself, and one that is bad ought not to be continued. It is the business of the legislature to reform abuses, and eradicate corruptions, not to give them new strength by the sanction of a law.
It has been urged, sir, that the law in reality exists already in that the act has been interpreted in this sense by the attorney general; and that his interpretation is generally received. This is then the state of the question: if the practice, founded upon this sense of the act, generally prevails, there is no need of a new clause to enforce what is already complied with; if it does not prevail, all that has been urged in defence of the motion falls to the ground.