It is to little purpose, my lords, that the licenses for selling distilled spirits are to be granted only to those who profess to keep houses for the sale of other liquors, since nothing will be more easy than to elude this part of the law. Whoever is inclined to open a shop for the retail of spirits, may take a license for selling ale; and the sale of one barrel of more innocent liquors in a year will entitle to dispense poison with impunity, and to contribute without control to the corruption of mankind.
It is confessed, that since this law was made, these liquors, have been sold only at corners of the streets in petty shops, and in private cellars; and, therefore, it must be allowed, that if the consumption has increased, it, has, at least, increased less than if the free and open sale had been permitted; for the necessity of secrecy is always a restraint, and every restraint must in some degree obstruct any practice, since those that follow it under restraint would pursue it more vigorously, if that restraint were taken away; and those that are now totally hindered, would, at least, be more strongly tempted by greater liberty; and where the temptation is more powerful, more will probably be overcome by it.
But, my lords, however the law may in this crowded city have been eluded and defied, however drunkenness may here have been protected by the insolence which it produces, and crimes have been sheltered by the multitudes of offenders, I am informed, that in parts less populous, the efficacy of the late act never was denied; and that it has in many parts rescued the people from the miseries of debauchery, and only failed in others by the negligence of those to whom the execution of it was committed.
Negligently and faintly as it was executed, it did in effect hinder many from pursuing this destructive kind of trade; and even in the metropolis itself, almost a total stop was for a time put to the use of spirits; and had the magistrates performed their duty with steadiness and resolution, it is probable, that no plea would have arisen in favour of this bill from the inefficacy of the last.
I cannot, indeed, deny, that the multitude of false informers furnished the magistrates with a very specious pretence for relaxing their vigilance; but it was only, my lords, a specious pretence, not a warrantable reason; for the same diligence should have been used to punish false informers as clandestine retailers; the traders in poison and in perjury should have been both pursued with incessant vigour, the sword of justice should have been drawn against them, nor should it have been laid aside, till either species of wickedness had been exterminated.
In the execution of this, as of other penal laws, my lords, it will be always possible for the judge to be misled by false testimonies; and, therefore, the argument which false informations furnish may be used against every other law, where information is encouraged. Yet, my lords, it has been long the practice of this nation to incite criminals to detect each other; and when any enormous crime is committed, to proclaim at once pardon and rewards to him that shall discover his accomplices. This, my lords, is an apparent temptation to perjury; and yet no inconvenieucies have arisen from it, that can reasonably induce us to lay it aside.
Perjury may in the execution of this law be detected by the same means as on other occasions; and whenever it is detected, ought to be rigorously punished; and I doubt not but in a short time the difficulties and inconveniencies which are asserted in the preamble of this bill to have attended the putting the late act in execution, would speedily have vanished; the number of delinquents would have been every day lessened, and the virtue and industry of the nation would have been restored.
It is not, indeed, asserted, that the execution of the late act was impossible, but that it was attended with difficulties; and when, my lords, was any design of great importance effected without difficulties? It is difficult, without doubt, to restrain a nation from vice; and to reform a nation already corrupted, is still more difficult. But as both, however difficult, are necessary, it is the duty of government to endeavour them, till it shall appear that no endeavours can succeed.
For my part, my lords, I am not easily persuaded to believe that remissness will succeed, where assiduity has failed; and, therefore, if it be true, as is supposed in the preamble, that the former act was ineffectual by any defects in itself, I cannot conceive that this will operate with greater force. I cannot imagine that appetites will be weakened by lessening the danger of gratifying them, or that men who will break down the fences of the law to possess themselves of what long habits have, in their opinion, made necessary to them, will neglect it, merely because it is laid in their way.
With regard to this act, my lords, it is to be inquired, whether it is likely to be executed with more diligence than the former, and whether the same obstacles may not equally obstruct the execution of both.