Would the honourable gentleman, sir, who has thus vilified this wonder-working nectar, but honour my table with his company, he would quickly be forced to retract his censures; and, as many of his countrymen have done, confess that nothing equal to it is produced in any other part of the globe; nor will this confession be the effect of his regard to politeness, but of his adherence to truth.
Of liquor like this, sir, two quarts is, undoubtedly, sufficient for a daily allowance, in the lieu of small beer; nor ought even that to be determined by the choice of the soldier, but of the innkeeper, for whose benefit this clause is said to be inserted, and from whose grievances I hope we shall not suffer our attention to be diverted by any incidental questions, or ludicrous disputes.
Mr. GORE then spoke to the following effect:—Sir, that the allowance of two quarts a-day is sufficient, and that to demand more is a wanton indulgence of appetite, is experimentally known, and, therefore, no more ought to be imposed upon the innkeeper.
Nor is this, sir, the only part of the clause that requires our consideration; for some of the other particulars to be provided by the victualler, may easily furnish perverse tempers with an opportunity of wrangling: vinegar is not to be had in every part, of the kingdom, and, where it cannot be procured, ought not to be required; for neither reason nor experience will inform us that vinegar ought to be ranked among the necessaries of life.
Sir William YONGE made the following reply:—Sir, by the alteration now made in the clause, the innkeepers are effectually relieved from a great part of the burden which, in my opinion, this act has hitherto laid upon them; the necessity of furnishing the soldiers quartered upon them, with provisions at the stated price, whatever might be the scarcity of the season or of the country. That this was the intention of the act, is asserted by those whose reputation and promotion are sufficient evidences of their ability in the interpretation of our laws.
The innkeeper may now either accept or refuse the limited price, as it shall appear to him most consistent with his interest; nor will there be, for the future, any room for murmuring at unreasonable demands, since he may oblige that soldier whom he cannot satisfy, to please himself better at his own expense.
The choice of the liquor is, likewise, wholly referred to the innkeeper; for the words in the clause requiring that he shall furnish three quarts of small beer or cider, he complies, indisputably, with the law by supplying either; and, therefore, the value of cider in any particular county is not of much importance in the question before us; if cider be more valuable than small beer, it may be withheld; if it be cheaper, it may be substituted in its place; so that the innkeeper has nothing to consult but his own interest.
That this is the meaning of the clause, is, I suppose, obvious to every man that hears it read; and, therefore, I see no reason for any alterations, because I know not any effect which they can possibly have, except that of obscuring the sense which is now too clear to be mistaken.
Sir John BARNARD spoke next, to the effect following:—Sir, though it should be granted, that the clause before us is intelligible to every member of this assembly, it will not certainly follow, that there is no necessity of farther elucidations; for a law very easily understood by those who make it, may be obscure to others who are less acquainted with our general intention, less skilled in the niceties of language, or less accustomed to the style of laws.
It is to be considered, that this law will chiefly affect a class of men very little instructed in literature, and very unable to draw inferences; men to whom we often find it necessary, in common cases, to use long explanations, and familiar illustrations, and of whom it maybe not unreasonably suspected, that the same want of education, which makes them ignorant, may make them petulant, and at once incline them to wrangle, and deprive them of the means of deciding their controversies.