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very reason why this bill has been propofed, and why, I think, it is now neceffary. I am fo far from thinking it now unnecessary to pass any fuch bill, that I think some fuch bill ought to have been paffed before the end of laft feffion, or at least as foon as poffible after his Majefty had refolved upon issuing letters of reprifal. For the reprisals iffued upon this occafion were furely of a very different nature from thofe iffued on account of any private injury: they were a fort of prelude to a declaration of war; and therefore it might have been public ly declared, either by act of parliament, or by his Majefty's proclamation, that in case the obstinacy of the French court fhould render a folemn declaration of war neceffary, the property of all fhips taken by way of reprifal before fuch declaration, fhould from that moment become vested in the captors.

If fuch a declaration, Sir, had been publicly made, as foon as the orders were firft iffued for feizing the French fhips, I am perfuaded we fhould have had very little occafion for preffing; efpecially if care had been taken, that no fhip should have a greater number of able and expert feamen than was fufficient for working the ship, and that the reft of every thip's complement fhould be made up of marines or land men. For I cannot agree with the Hon. Gentleman who spoke laft, that we never have, at the eve of a war, a fufficient ftock of feamen for fupplying both our trade and our navy. In time of peace, we know, that none but able and expert feamen are employed, either in the navy or the merchant-service: but every one knows, that, even in the merchant-fervice, a certain number of landmen, in proportion to the number of expert feamen, may be fafely employed; and on board our fhips of war, the far greatest part of the fhip's complement may be made up of landmen or marines; therefore by proper care, and a proper diftribution of fuch as are able and expert feamen, I think we may always be able to fupply both our trade and our navy, even at the eve of a war: though at the fame time I hope, that at the end of the next

war, and of every future war we shall be hereafter engaged in, it will be refolved, not to make at once such a great reduction of the number of feamen in the public fervice, as was made at the end of the laft war; for every war, especially if it be of any continuance, must greatly increase the number of our feamen, and fuch numbers of seamen cannot immediately fall into a way of fupporting themselves by any employment at land; therefore the reduction fhould always be made by degrees: and perhaps it may hereafter be thought neceffary to keep on foot, even in time of peace, a certain number of marine regiments, inftead of an equal number of regiments of land foldiers; because the former may be bred up and accustomed to ferve either by land or sea, according as their country may have occafion; for a man who from his youth has been bred at fea, may more eafily, and in shorter time, be taught the land- difcipline, than a man who from his infancy has been bred at land, can be taught both the land-difcipline, and the business of a feaman.

Therefore, Sir, if we found ourselves in any distress for want of a fufficient number of feamen upon the present occafion, the diftrefs was owing to the weak measures we have pursued fince the conclufion of the last war; and that diftrefs has been greatly increased by our not taking proper methods to encourage our feamen to enter voluntarily into the King's fervice. We have hitherto thought of no methods for procuring feamen for the navy, but fuch as old lechers make use of for debauching young women, which are only bribery and force. The rewards offered by proclamation, which was a fort of bribery, could have no effect, whilft every good feaman knew, that he could get a great deal more by the increase of wages in the merchant-fervice; and when our marine minifters found that this would not do, they prefently had recourse to force, as they thought they had a power to compel or prefs feamen into the King's fervice whenever they pleased: nay, they even began, I believe, with the

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method of preffing, before they had experienced the effect of bribery, that is to fay, of the reward offered by proclamation; and not only prefs-gangs were spread over the whole kingdom, but the military were ordered to be affifting to those prefs-gangs; fo that a midshipman or fea-lieutenant, with a prefs-warrant in his pocket, was erected into a civil magiftrate, who could call the military to his affiftance whenever he thought he had occafion for it; which would certainly be as often as he was committing any act of unneceffary violence, or downright oppreffion.

Was this legal, Sir? was it agreeable to our conftitution? Was it not directly contrary to Magna charta, which exprefsly declares, Nullus liber homo capiatur, aut imprisonetur, nifi per legale judicium parium fuorum, vel per legem terra? "No free man fhall be taken, or imprifoned, unless by the legal judgment of his peers, or by the law of the land." I fhall grant, Sir, that immemorial cuftom has expressly authorised, and that even a late ftatute has by implication authorised the preffing of feamen, in cases of abfolute neceffity; but no fuch neceffity can ever exift, if there be time for trying any other method; and when there is time, no fuch neceffity can ever exift until after every other method has been tried: from whence I must conclude, that our preffing of feamen upon this laft occafion was not authorised either by cuftom or ftatute, and confequently it was abfolutely illegal; becaufe, as we had fufficient warning, there was time enough for our having tried other methods, efpecially the method now proposed for if it had been poffible for our minifters to take any warning, the French had given us fufficient warning to prepare for war, before even the beginning of laft feffion; as they had for feveral years before been plundering our people, and building forts upon our territories in America; and as we had before then an account of their having attacked Mr Washington, and difpoffeffed us of one of our forts upon the back of Virginia. It is indeed furprifing, that our minifters did

not laft feffion propofe the employing of a much greater number of feamen for the year enfuing; because the parliament would certainly have agreed to it: and fuppofe they had then been refolved to do nothing but negotiate, it would have added weight to their negotiation, and might perhaps have prevented a war, which now feems inevitable: at least it would have prevented our being in fo great diftrefs for want of feamen, as we were when his Majefty had refolved upon fitting out a ftrong fquadron, which was a long time before the end of the feffion; confequently such a bill as is now propofed ought then to have been paffed, as it would probably have, in a great measure, prevented our being under any neceflity to prefs men into the fea-fervice; efpecially as we had then a confiderable number of line of battle fhips in commiffion, befides a great number of frigates and floops, whofe complements, I muft fuppofe, then confifted entirely of expert and able-bodied feamen, as none but fuch are in time of peace employed in the navy; and confequently we could not have occafion for any great additional number of seamen, becaufe at least an equal number, perhaps twice the number of landmen, might have been added to the feamen we then had in pay.

But now fuppofe, Sir, that we had been under an abfolute neceffity, upon the late occafion, to have recourfe to preffing, and that confequently it was authorised by law; yet no one will pretend to fay, that our employing the military, either to prefs, or to protect the prefs-gangs, was authorised either by cuftom, or by ftatute. Nor can it be faid, that the employing of the military for either of thefe purposes, was any way neceffary; becaufe if a regular prefs-gang fhould be infulted or attacked by a riotous mob, the civil magiftrate is, by his office, obliged to protect them; and if any mob fhould refuse to difperfe, or dare to prevent his reading or making the proclamation against riots, he may then, by law, call the military to his af fiftance. This can never be of any dangerous confequence to our conftitution,

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or to the liberties of the fubject; because as poffible from this unfortunate condi

the civil magiftrate is to be the judge, whether the prefs-gangs have behaved themselves regularly or no, and the military is to be under his direction. But to order our regular troops to affift or to protect our prefs-gangs, without the interpofition of a civil magiftrate, is a direct breach of our conftitution, and of the most dangerous confequence to the lives as well as the liberties of the people; therefore if any fuch orders have been iffued to our regular troops, in any part of the united kingdom, I hope that a ftrict inquiry will be made into it; and I am fure every man who has a regard for the liberties of his country muft think, that the advisers and authors of fuch an arbitrary measure ought to be feverely punished.

I believe, Sir, it will now appear, that, with regard to preffing, our minifters have, in feveral refpects, made a little too free with our conftitution; therefore it is high time for the parliament to take this practice, which smells fo rank of arbitrary power, into their moft ferious confideration, and to embrace every method that can be thought of for preventing, or rendering lefs frequent, the neceffity of our having recourfe to that unjuft and violent practice. All the other fubjects of G. Britain may fit fecure under their own fig-tree, without being in danger of ever being called out to ferve the public in any station, unlefs it comes to their turn, or they voluntarily engage in the fervice: but our feamen, a fort of men whom of all others we ought moft to indulge, can never be fecure, whilft they are under the age of fifty-five. After a feaman, by hard service for many years at fea, has earned and faved as much as may eftablifh him in a quiet retreat at land, he does not know but that in fix months, or a less time, he may be torn from his wife and family, and forced again to undergo all the fatigues and perils of a common feaman, without any certainty of ever being released whilft he is fit for ferving in that station. Does not juftice, humanity, and gratitude require, that our feamen fhould be exempted as much

tion? Can this be done any other way but by engaging feamen to enter voluntarily into the King's fervice? Has not the most effectual way for this purpose been found to be, by investing the property of all prizes in the captors? Of this our parliaments have been fo well convinced, that we have a standing law for it, which must always take place as foon as the crown declares war against any nation, and will always be a great encouragement for our feamen to enter voluntarily into the fervice of the crown, as foon as they hear that war is decla red.

But, Sir, the crown may engage in war, and may continue it for many years, without declaring war. In Charles II.'s firft war against the Dutch, there was never any declaration of war; and Q Elifabeth carried on a war against Spain for many years, without having ever declared war. So his Majesty may now carry on a war against France, without any folemn declaration of war; and with much more reason than in either of the cafes I have mentioned. For the present war against France is on our fide plainly defenfive, as much as any war ever was. They have attacked us in America; and our feizing their fhips, and keeping their feamen prifoners, is with a defign to prevent their attacking us here at home, as well as to prevent their pursuing the attack they have made upon us in America. The war is therefore, on our fide, purely defenfive; and with respect to fuch a war Plato's maxim has always been received, Quod ad propulsandam vim, non a caduceatore, fed a natura, bellum indictum eft. But until the war be folemnly declared, the captors have no legal right to any share of the prizes they take, unless the crown, is to fay the minifters of the crown, shall please to give it them; they do not know but that the whole produce of their prizes inay be applied towards inducing voters to ferve the minifters at elections, instead of applying it towards inducing feamen to ferve their country on board our navy and whilft they are left in fuch a doubt, can we expect that any great

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number of them will enter voluntarily into the service of the crown, or that they will ferve with spirit after they have entered, or been preffed into the service? The cafe of the ships now taken from the French, is very different, Sir, from that of the fhips taken from the Spaniards before our declaration of war against that nation. The Spaniards had not only committed great depredations upon our merchants, but they had actually promifed a large fum of money, by way of indemnification to our merchants. This fum of money they afterwards refused to pay; and for this we iffued letters of reprifal against them. But the injuries and infults we have received from France are almost wholly national. They have, it is true, plundered and imprifoned fome of our Indian traders in America; but one of the fhips we have taken from them would do more than make good all the damage they have done to the private fubjects of G. Britain. There fore our taking their fhips upon this occafion cannot properly be faid to be done by way of reprifal. It has been done, and juftly done, in refentment of the infults they have defignedly put upon the nation, and for making good the expence we have been, or may be put to, in doing ourselves that juftice which they have obftinately and contemptuously refufed. No private fufferer can there fore pretend a right to any fhare of the prizes we have taken; confequently the public may, and ought to difpofe of them in that way which is most for the intereft of the nation; and this is what is defigned by the bill now propofed.

Whatever fpecious pretences may be made use of, Sir, no folid reafon has been, or can be affigned against the bill. Nothing can prevent our paffing fuch a bill as foon as poffible, but a formed defign to fubmit to an ignominious peace, by reftoring all the fhips we have taken, or shall hereafter take; and perhaps to ftill more ruinous terms: for if we do not deliver the territories of all our Indian allies, as well as our own in America, from every French fort, and every French garrison, we may give up our plantations, as well as the fhips we have VOL. XIX.

taken. Now, Sir, or never, is the time for us to command an honourable peace. If we now fubmit to any fort of ignominious terms, we must fubmit for ever: the minifters of Verfailles will, upon every occafion, dictate to the ministers of England, what measures they are to purfue; and our King maft fubmit to be a fort of viceroy under his Most Christian Majesty. Therefore, as a fervant of the crown, as well as a faithful fubject, I think myfelf in duty bound to ftrengthen his Majefty's hands as much as poffible, whilft we have a chance for preserving our independency; and this cannot any way at prefent be done more effectually, than by paffing the bill now propofed. For whilst I have the honour of a feat in this affembly, I fhall never, by my voice, or vote, authorife or approve of our fubmitting to any incroachment, infult, or indignity, rather than begin, or repel hoftilities; which was our conduct during the long adminiftration of a late minifter, and which has brought this nation into that diftreffed condition every gentleman now feems to be fo fenfible of. For it was during his adminiftration, that the French established themfelves upon the river Miflifippi, upon the great lakes, and upon the lake Corlaer, in America; every one of which eftablishments we had a right to oppofe, and would have oppofed, or defeated, if we had acted with spirit, or been governed by our own intereft; and it was during the fame administration, that the French were allowed to poffefs themselves of Lorrain, and to establish two branches of their royal house in Italy.

The Hon. Gentleman may therefore, if he pleases, Sir, declare himself proud of having been the conftant friend of that minifter; but what we now feel may make me, I think, as proud of declaring, that I conftantly oppofed him as a minifter; and yet, after he refigned, I always fpoke well of him as a man.Gentlemen may laugh, if they please, but I can perceive no joke in what I have faid: it is only a proof that my oppofition did not proceed from any perfonal refentment, nor my praise from any defign to flatter. It is true, he had

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for many years an amazing influence in this houfe; and the inquiry, ftifled as it was, made it pretty evident from whence that influence proceeded [iv. 289. 329.]. However, if ever the Hon. Gentleman fhould come to be poffeffed of his power, I wish he may adopt his moderation, as well as he has adopted his conduct with regard to a bill which was of the fame nature with the bill now proposed. Though I muft obferve, that the minifter's conduct, with regard to that bill, has been mifreprefented in this debate. His true reafon for oppofing it, was not because it was unfeafonable, but because there was a moft infamous convention with Spain [i. 68.] then upon the anvil, which he was encouraged to agree to by this houfe's throwing out that bill; and fuch another confequence, but a more fatal one, may enfue, fhould we reject the motion now made to us; therefore I hope I fhall have the concurrence of a great majority in agreeing to this motion.

The fpeech of Quintus Mucius, aubo spoke

next.

Mr Prefident,

T

Here has already been fo much faid in this debate, and the arguments both for and against this motion have been stated in fo full and fo clear a light, that I can do little more than fum up what has been faid upon both fides of the question: which I fhall do in as fhort and as impartial a manner as I can; becaufe, I believe, the more diftin&tly, the more briefly it is ftated, the more it is divefted of the furprises of wit and the flowers of eloquence, the more the arguments will preponderate against our agreeing fo early in the feffion to fuch a motion. In purfuance of what I have now propofed, Sir, I fhall confider the advantages and the difadvantages of our now ordering fuch a bill as this to be brought in. I muft repeat the word now, Sir; becaufe, notwithstanding the ridiculous light it has been placed in by the Hon. Gentleman who fpoke laft, it is of the utmost confequence in this debate. He indeed has the happy faculty of being able to turn the most important word, the moft serious argument, into ri

dicule; and to give a feeming weight and importance to the most useless words, the moft trifling arguments, that can be ́made ufe of in any debate: but though he is by nature endued with this extraordinary quality, yet I am perfuaded, he never makes use of it, but to enforce what in the main he takes to be right. However, as every gentleman in this house has a right to judge as well as he, and as the talent of a folid judgment is very different from that of a florid eloquence, I hope every gentleman will confider the arguments that have been made ufe of, without regard to the gaudy drefs in which they have been decked, either by the one fide or the other.

Now, Sir, with refpect to the advantages propofed by this bill, I think the only one that has been so much as fuggested is, that it may induce many of our feamen to enter themfelves on board his Majefty's fhips of war, and thereby prevent the neceffity we are under for preffing men into that fervice. How precarious is this advantage, or rather how vain is this expectation? It is not, I think, intended by the bill, that the property of the fhips taken, or to be taken, fhall be vefted in the captors, until after a war has been declared, or at leaft until after the fhips have been condemned as lawful prize. But neither of these may ever happen: nay, I hope, that neither fhall ever happen; for if the French court fhould amicably adjust all the difputes now fubfifting between us, and make us proper fatisfaction for the expence they have put us to, and the damage they have done to fome of our people, the ships we have taken, or may hereafter take, not only may, but ought to be restored. And this the French court will do, if they are well advised: for as they have upon the continent of America a greater extent of territory, uncontefted at least by us, than they can plant and people for feveral ages to come; they cannot propose to get much prefent advantage by a war with this nation; and may lofe a great deal, becaufe the confequence may be, and most probably will be, their being drove out of every thing they now poffefs in Ame

, rica,

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