Anno 14, Geo Mr. Horatio Mr. Horatio Walpole. SIR, For the Bill now before us I have no particular Fondnefs, nor Defire that it fhould be promoted by any other. means than rational Arguments and the Representation of indubitable Facts. I have no Regard, Sir, in this Enquiry, to any private Intereft, or any other Defire than that of fecuring the Inte reft of my Country, which, in my Opinion, evidently requires that we fhould give no Affiftance to our Enemies, that our Merchants fhould co-operate with our Navies, and that we should endeavour to with hold every thing that may make the War lefs burdenfome to them, and confequently of longer Continuance. It was obferved, Sir, in the Beginning of the Debate, by a Gentleman eminently fkilled in mercantile Affairs, that Infurance was practifed by many Nations; but he did not inform us of what one of the Claufes makes it proper to enquire, whether they allowed the Method of infuring Intereft or no Intereft, and rating Ships at an imaginable Value. This is, I know, is prohibited by the Dutch; a Nation whose Authority on commercial Questions will not be difputed; nor do they allow their Eaft-India Ships to be infured at all. The Difficulty of eftimating the Value of any Cargo has been urged in Defence of this Practice, nor is the De fence wholly without Weight, because the Cargo in many Voyages cannot be ascertained. I fhall, however, take this Opportunity of obferying, tho' I may fomewhat digrefs from the prefent Argument, how neceffary it is that fome of our exported Cargoes fhould be exactly specified. I have been lately informed, Sir, that fix Ships laden with British Wool, have entered at one time into a Port of France; nor do I know how this Practice, which is juftly complained of as pernicious to our Trade, and threatening the Ruin of our Country, can be prevented but by a conftant and regular Particularization of every Cargo carried to France. I admit, Sir, that fome Cargoes which are imported cannot be particularly registered; fuch is the Gold with which we are daily fupplied by our Commerce with the French in Oppofition to their Laws, and which our Merchants are therefore under the Neceffity of concealing. • It is not indeed easy to foresee all the Inconveniencies at may arife from new Regulations of Commerce; but the ifficulty is not fo great as has been reprefented, nor can İ conceive Couceive why all our Confultations on Trade fhould be with- Anno 14, Geo. out Effect. Gentlemen may obtain fome Knowledge of II. 1740. Commerce from their own Obfervation, which they may enlarge by an unconfined and indifferent Converfation with Traders of various Claffes, and by Enquiries into the different Branches of Commerce; Enquiries, Sir, which are generally neglected by thofe whofe Employments confine their Attention to particular Parts of Commerce, or whose Application to Bufinefs hinders them from attending to any Opinions but thofe which their own perfonal Experience enables them to form. . From these Informations impartially collected, and diligently compared, a Man not engaged in the Profeffion of a Merchant may form general Principles, and draw Confequences more certain, and more extenfive in their Relations, than those which are ftruck out only from the Obfervation of one fubdivided Species of Commerce. A Member of this Houfe, Sir, thus enlightened by Enquiry, and whofe Judgment is not diverted from its natural Rectitude, by the Impulfe of any private Confideration, may judge of any commercial Debate with lefs Danger of Error or Partiality than the Merchants, of whom nevertheless I have the highest Efteem, and whofe Knowledge or Probity. I do not intend to depreciate, when I declare my Fears, that they may fometimes confound general Maxims of Trade with the Opinion of particular Branches, and fometimes miftake their own Gain for the Intereft of the Public. • The Interest of the Merchants ought indeed always to be confidered in this House; but then it ought to be regarded only in Subordination to that of the whole Community, a Subordination which the Gentleman who spoke last seems to have forgotten. He may perhaps not intend long to retain his Senatorial Character, and therefore delivered his Opinion only as a Merchant. He has diftinguished between the Conduct of experienced and unskilful Infurers, with how much Juftice I shall not determine. I am afraid that a vigorous Enquiry would difcover, that neither Age nor Youth has been able to refift ftrong Temptations to fome Practices, which neither Law nor Juftice can support, and that those whofe Experience has made them cautious, have not been always equally honeft. But this is a Subject upon which I am not inclined to dwell, and only mention as the Reason which convinces me of the Propriety of the Bill before us.' Anno 14, Geo. Şir Wiillam Sir William Yonge. SIR, There appears no Probability that the different Opinions which have been formed of this Bill will be reconciled by this Debate; nor indeed is there any Reason for wondering at this Contrariety of Sentiments. • The feveral Claufes of the Bill have Relations and Confequences fo different, that fcarce any one Man can approve them all; and in our prefent Deliberation an Objection to a particular Claufe is confidered as an Argument against the whole Bill. It is therefore neceffary to prevent an unprofitable Expence of Time, to refolve the Houfe into a Committee, in which the Bill may be confidered by fingle Clauses, and that Part which cannot be defended may be rejected, and that only retained which deferves our Approbation. In the Committee, when we have confidered the firft Claufe, and heard the Objections against it, we may mend it; or, if it cannot be amended, reject or poftpone it, and fo proceed through the whole Bill with much greater Expedition, and at the fame time with a more diligent View of every Claufe, than while we are obliged to take the whole at once into our Confideration. I fhall for my Part approve fome Claufes, and make Objections to others; but think it proper to referve my Ob-. jections, and the Reafons of my Approbation, for the Committee into which we ought to go on this Occafion.'* The *The Bill itself was as follows: A BILL to prevent fome Inconveniencies arifing from Infurances of Ships. Whereas it hath been found by Experience, that the making Affurances, Intereft or no Intereft, hath been productive of many pernicious Practices, whereby great Numbers of Ships, with their Cargoes, have been frandulently loft and deftroyed; and a great Encouragement to the Exportation of Wool, and the carrying on many other prohibited and clandeftine Trades, which are thereby fecreted, and the Parties concerned fecured from Lofs, as well to the Diminution of the public Revenue, as to the great Detriment and Lofs of the fair Trader; and by introducing an illegal and mifchievous kind of Gaming or Wagering, under the Pretence of affuring the Rifk on Shipping and fair Trade, the Inftitution and laudable Defign of making Alu rances 1 The Bill was referr'd to a Committee, but not forty Mem- Anno 14, Geo. bers ftaying in the Houfe, it was dropt. II. 1740. Agreed to the Report of the Mutiny and Defertion-Bill: Ordered it to be engroffed. In a grand Committee, went thro' the Bill for opening a Trade thro' Ruffia to Perfia, with several Amendments. March 2d. Read a third time, and paffed the Bill for punishing Mutiny and Desertion, and for the better Payment of the Army, and their Quarters: Ordered it to the Lords. Seamen's Bill. Went into a grand Committee on the Bill for the Encou- Proceeding ragement of Seamen, and for the fpeedier Manning his Ma- on the jeftys Fleet, when the firft Claufe being read, propofing the Blanks to be fill'd thus, that every Voluntier Seaman, after five Years Service, be entitled to Six Pounds per Year, during Life, Sir John Barnard expreffed himself as follows: Sir rances hath been perverted; and that which was intended for the Encouragement of Trade and Navigation, becomes hurtful of, and deftructive to the fame. For Remedy whereof, and for the effectual putting a Stop to, and for preventing the like unwarrantable Practices for the future, Be it enacted, &c. That all Policies, Inftruments, Contracts, or Promifes of Affurance, made from and after Intereft or no Intereft, and Policies valued at the Sum affured, or without further Proof of Intereft, than the Policy, or in any other Words or Manner, to that or the fame Effect; or upon Ships, or other Veffels or Goods, loaden or to be loaden thereon, not made bona fide upon Interest, shall be, and are hereby declared (void) any Law, Statute, or Custom to the contrary in any wife notwithstanding. Provided always, that nothing in this A&t contained, fhall extend, or be conftrued to extend, to vacate or make void any Affurances made without Fraud, upon Intereft of the whole, or any Part of the Sum for which the Affured shall appear to be concerned in the Veffel, or Goods fo affured. Provided always, that nothing in this Act contained, shall vacate or make void any Affurance made upon Account of Money lent upon Refpondentia, or Bottomree Bonds, in which the Benefit of Salvage is allowed the Lender; nor any Affurance made bona fide, to re-affure any Sum before affured, on any Ships or Veffels, or their Cargoes; provided the fame be mentioned in the Policy to be Re affurance, or on Money fo lent on Refpondentia, or Bottomree Bonds. And whereas by feveral Acts of Parliaments the Subjects of this Kingdom in general are refrained from trading to the Eaft Anno 14, Geo Sir John SIR, As it is our Duty to provide Laws, by which all Frauds and Oppreffions may be punished, when they are detected, we are no less obliged to obviate fuch Practices as fhall make Punishments neceffary; nor are we only to facilitate the De tection, but take away, as far as it is poffible, the Opportunities of Guilt. It is to no Purpose Punishments are threatened, if they can be evaded, or that Rewards are offered, if they may by any mean Artifices be with-held. For this Reason, Sir, I think it neceffary to obferve, that the Intent of this Claufe, the most favourable and alluring Claufe in the Bill, may lofe its Effect by a Practice not uncommon, Eaft-Indies, and the fole Right of trading thereto is by Law And whereas Affurance on the Ships or Effects of Perfons, alien Enemies to this Kingdom, are greatly prejudicial to the true Intereft thereof, and upon the Capture of fuch Ships or Effats, the real Lofs fuftained often falls upon the Subjects of Great Britain, who have made fuch Affurances, Be it further enacted, by the Authority aforefaid, that no Affurance to be made directly or indirectly on any the Ships or Effects of the Subjects of any Prince or State, not in Amity with the Crown of Great Britain, at the Time fuch Affurance is made, shall be of any Force or Validity in Law; but shall be [void] to all Intents, Conftructions, and Purpofes wha fever. Provided always, that if his Majefty fhail, at any time, during the prefent War, think fit, in Purfuance of a Provifo contained in an Act made in the laft Seffion of Parliament, intitled, An Act for prohibiting Commerce with Spain, to take off the Prohibitions and Restrictions of Commerce, or any Part thereof; then, and in fuch Cafe, it fall and may be lawful to make Affurance on fuch Commerce, or any Part thereof; any thing herein contained to the contrary notwithstanding." |