KING'S MESSAGE TO THE COMMONS.

The commons were still employed in deliberations on ways and means on the twenty-second day of May, when Mr. secretary Pitt communicated to them a message from the king, couched in these terms: "His majesty, relying on the experienced zeal and affection of his faithful commons, and considering that, in this critical conjuncture, emergencies may arise, which may be of the utmost importance, and be attended with the most pernicious consequences, if proper means should not immediately be applied to prevent or defeat them, is desirous that this house will enable him to defray any extraordinary expenses of the war, incurred, or to be incurred, for the service of the year one thousand seven hundred and fifty-nine, and to take all such measures as may be necessary to disappoint or defeat any enterprises or designs of his enemies, and as the exigencies of affairs may require." This message being read, a motion was made, and agreed to nem. con. that it should be referred to the committee, who forthwith formed upon it the resolution, whereby one million was granted, to be raised by loans or exchequer bills, chargeable on the first aids that should be given in the next session. This produced a bill enabling his majesty to raise the sum of one million, for the uses and purposes therein mentioned, comprehending a clause, allowing the Bank of England to advance on the credit of the loan therein mentioned any sum not exceeding a million, notwithstanding the act of the fifth and sixth year in the reign of William and Mary, by which the bank was established.



BILLS RELATING TO THE DISTILLERY, &c.

The bills relating solely to the supply being discussed and expedited, the house proceeded, as usual, to an act other laws for the advantage of the community. Petitions having been presented by the cities of Bristol and New-Sarum, alleging, that since the laws prohibiting the making of low wines and spirits from grain, meal, and flour, had been in force, the commonalty appeared more sober, healthy, and industrious: representing the ill consequences which they apprehended would attend the repeal of these laws, and therefore praying their continuance. A committee of the whole house resolved that the prohibition to export corn should be continued to the twenty-fourth day of December, in the year one thousand seven hundred and fifty nine; subject nevertheless to such provisions for shortening the said term of its continuance as should therefore be made by an act of that session, or by his majesty with the advice of his privy-council during the recess of parliament; that the act for discontinuing the duties upon corn and flour imported, or brought in as prize, was not proper to be further continued; and that the prohibition to make low wines or spirits from any sort of grain, meal, or flour, should be continued to the twenty-fourth day of December, in the year one thousand seven hundred and fifty-nine. Before the bill was formed on these resolutions, petitions arrived from Liverpool and Bath, to the same purport as those of Bristol and Sarum: while on the other hand, a remonstrance was presented by a great number of the malt-distillers of the city and suburbs of London, alleging, that it having been deemed expedient to prohibit the distilling of spirits from any sort of grain, to the twenty-fourth day of December then instant, some of the petitioners had entirely ceased to carry on the business of distilling, while others, merely with a view to preserve their customers, the compound distillers, and employ some of their servants, horses, and utensils, had submitted to carry on the distillation of spirits from molasses and sugars under great disadvantages, in full hope that the restraint would cease at the expiration of the limited time, or at least when the necessity which occasioned that restraint should be removed; that it was with great concern they observed a bill would be brought in for protracting the said prohibition, at a time when the price of all manner of grain, and particularly of wheat and barley, was considerably reduced, and, as they humbly conceived, at a reasonable medium. They expatiated on the great loss they, as well as many traders and artificers dependent upon them, must sustain in case the said bill should be passed into a law. They prayed the house to take these circumstances into consideration, and either permit them to carry on the distillation from wheat, malt, and other grain, under such restrictions as should be judged necessary; or to grant them such other relief, in respect of their several losses and incumbrances, as to the house shall seem reasonable and expedient. This petition, though strenuously urged by a powerful and clamorous body without doors, did not meet great encouragement within. It was ordered to lie upon the table, and an instruction was given to the committee, empowering them to receive a clause or clauses to allow the transportation of certain quantities of meal, flour, bread, and biscuit, to the islands of Guernsey and Jersey, for the sole use of the inhabitants; and another to prohibit the making of low wines and spirits from bran. Much more attention was paid to a petition of several farmers in the county of Norfolk, representing, that their farms consisted chiefly of arable land, which produced much greater quantities of corn than could be consumed within that county; that in the last harvest there was a great and plentiful crop of all sorts of grain, the greatest part of which had by unfavourable weather been rendered unfit for sale at London, or other markets for home consumption; that large quantities of malt were then lying at London, arising chiefly from the crops of barley growing in the year one thousand seven hundred and fifty-seven, the sale of which was stagnated; that the petitioners being informed the house had ordered in a bill to continue the prohibition of corn exported, they begged leave to observe, that, should it pass into a law, it would be extremely prejudicial to all, and ruin many farmers of that county, as they had offered their corn for sale at divers ports and markets of the said county: but the merchants refused to buy it at any price, alleging, its being unfit for the London market, the great quantity of corn with which that market was already overstocked, and their not being allowed either to export it or make it into malt for exportation. They therefore prayed this prohibition might be removed, or they the petitioners indulged with some other kind of relief. Although this remonstrance was duly considered, the bill passed with the amendments because of the proviso, by which his majesty in council was empowered to shorten the date of the prohibition with respect to the exportation of corn during the recess of parliament; but the temporary restraint laid upon distillation was made absolute, without any such condition, to the no small disappointment and mortification of the distillers, who had spared no pains and expense by private solicitation, and strenuous dispute in the public papers, to recommend their cause to the favour of the community. They urged that malt-spirits, when used in moderation, far from being prejudicial to the health of individuals, were in many damp and marshy parts of the kingdom absolutely necessary for preserving the field labourers from agues and other distempers produced by the cold and moisture of the climate; that if they were debarred the use of malt-spirits, they would have recourse to French brandy, with which, as they generally reside near the sea-coast, the smugglers would provide them almost as cheap as the malt-spirits could be afforded: thus the increased consumption of French spirit would drain the nation of ready money to a considerable amount, and prejudice the king's revenue in the same proportion. They observed, that many distillers had already quitted that branch of trade and disposed of their materials; that all of them would probably take the same resolutions should the bill pass into a law, as no man could foresee when the prohibition would cease, should it be continued at a time when all sorts of grain abounded in such plenty, that the very waste of materials by disuse, over and above the lying out of the money, would be of great prejudice to the proprietor: thus the business of distilling, by which so many families were supported, would be banished from the kingdom entirely; especially, as the expense of establishing a large distillery was so great, that no man would choose to employ his money for this purpose, judging from experience that some future accidental scarcity of corn might induce the legislature to interpose a ruinous delay in this branch of business. They affirmed, that from the excessive use of malt-spirits no good argument could be drawn against this branch of traffic, no more than against any other conveniency of life; that the excessive use of common beer and ale was prejudicial to the health and morals of the people, yet no person ever thought of putting an end to the practice of brewing, in order to prevent the abuse of brewed liquors. They urged that in all parts of Great Britain there are some parcels of land that produce nothing to advantage but a coarse kind of barley called big, which, though neither fit for brewing nor for baking, may nevertheless be used in the distillery, and is accordingly purchased by those concerned in this branch at such an encouraging price, as enables many farmers to pay a higher rent to their landlords than they could otherwise afford; that there are every year some parcels of all sorts of grain so damaged by unseasonable weather, or other accidents, as to be rendered altogether unfit for bread or brewery, and would prove a very great misfortune to the farmer, if there was no distillery, for the use of which he could sell his damaged commodity. They asserted, that malt-spirits were absolutely necessary for prosecuting some branches of foreign commerce, particularly the trade to the coast of Africa, for which traffic no assortment could be made up without a large quantity of geneva, of which the natives are so fond, that they will not traffic with any merchant who has not a considerable quantity, not only for sale, but also for presents to their chiefs and rulers; that the merchants of Great Britain must either have this commodity of their own produce, or import it at a great national expense from Holland; that the charge of this importation, together with the duties payable upon it, some part of which is not to be drawn back on exportation, will render it impossible for the traders to sell it so cheap on the coast of Africa as it might be sold by the Dutch, who are the great rivals of Great Britain in this branch of commerce. To these arguments, all of which were plausible, and some of them unanswerable, it was replied, that malt-spirits might be considered as a fatal and bewitching poison which had actually debauched the minds, and enervated the bodies, of the common people to a very deplorable degree; that, without entering further into a comparison between the use and abuse of the two liquors, beer and geneva, it would be sufficient to observe, that the use of beer and ale had produced none of those dreadful effects which were the consequences of drinking geneva; and since the prohibition of the distilling of malt-spirits had taken place, the common people were become apparently more sober, decent, healthy, and industrious: a circumstance sufficient to induce the legislature not only to intermit, but even totally to abolish the practice of distillation, which has ever been productive of such intoxication, riot, disorder, and distemper, among the lower class of the people, as might be deemed the greatest evils incident to a well-regulated commonwealth. Their assertion with respect to the coarse kind of barley, called big, was contradicted as a deviation from truth, inasmuch as it was used in making malt, as well as in making bread: and with respect to damaged corn, those who understood the nature of grain affirmed, that it was spoiled to such a degree as to be altogether unfit for either of these purposes, the distillers would not purchase it at such a price as would indemnify the farmer for the charge of threshing and carriage; for the distillers are very sensible, that their great profit is derived from their distilling the malt made from the best barley, so that the increase of the produce far exceeded in proportion the advance of the price. It was not, however, an easy matter to prove that the distillation of malt-spirits was not necessary to an advantageous prosecution of the commerce on the coast of Guinea, as well as among the Indians in some parts of North America. Certain it is, that, in these branches of traffic, the want of geneva may be supplied by spirits distilled from sugars and molasses. After all, it must be owned, that the good and salutary effects of the prohibition were visible in every part of the kingdom, and no evil consequence ensued, except a diminution of the revenue in this article: a consideration which, at all times, ought to be sacrificed to the health and morals of the people: nor will this consideration be found of any great weight, when we reflect that the less the malt-spirit is drunk, the greater quantity of beer and ale will be consumed, and the produce of the duties and excise upon the brewery be augmented accordingly.

In the meantime, all sorts of grain continuing to fall in price, and great plenty appearing in every part of the kingdom, the justices of the peace, and of the grand juries, assembled at the general quarter sessions of the peace held for the county of Norfolk, composed and presented to the house of commons, in the beginning of February, a petition, representing, that the weather proving unfavourable in the harvest, great part of the barley raised in that county was much damaged, and rendered unfit for any other use than that of being made into malt for exportation; that unless it should be speedily manufactured for that purpose, it would be entirely spoiled, and perish in the hands of the growers; a loss that must be very sensibly felt by the land owners: they, therefore, entreated that leave might be given for the exportation of malt; and that they might be favoured with such further relief, as to the house should seem just and reasonable. In consequence of this petition, the house resolved itself into a committee to deliberate upon the subject; and as it appeared, upon examination, that the price of grain was reduced very low, and great abundance diffused through the kingdom, they resolved, that the continuance of that part of the act, prohibiting the exportation of grain, ought to be abridged and shortened, and the exportation of these commodities allowed under proper regulations, with respect to the time of such exportation and the allowance of bounties thereupon. A bill being founded on these resolutions, was discussed, and underwent several amendments: at length it was sent with a new title to the lords, who passed it without further alteration, and then it obtained the royal sanction. While this affair was under the deliberation of the committee, the commons unanimously issued an order for leave to bring in a bill to continue, for a limited time, the act of last session, permitting the importation of salted beef from Ireland into Great Britain, with an instruction to receive a clause extending this permission to all sorts of salted pork, or hog-meat, as the officers of the customhouse had refused to admit hams from Ireland to an entry. The bill likewise received another considerable alteration, importing, That, instead of the duty of ona shilling and three-pence, charged by the former act on every hundred weight of salted beef or pork imported from Ireland, which was found not adequate to the duty payable for such a quantity of salt as is requisite to be used in curing and salting thereof; and to prevent as well the expense to the revenue, as the detriment and loss which would accrue to the owner and importer from opening the casks in which the provision is generally deposited, with the pickle or brine proper for preserving the same, in order to ascertain the net weight of the provision liable to the said duties: for these reasons it was enacted, That from and after the twenty-fourth day of last December, and during the continuance of this act, a duty of three shillings and four-pence should be paid upon importation for every barrel or cask of salted beef or pork containing thirty-two gallons; and one shilling and three-pence for every hundred weight of salted beef called dried beef, dried neats-tongues, or dried hog-meat, and so in proportion for any greater or lesser quantity.

{GEORGE II. 1727-1760}



REGULATIONS with RESPECT to PRIVATEERS.

Repeated complaints having been made to the government by neutral nations, especially the Dutch, that their ships had been plundered, and their crews maltreated by some of the English privateers, the legislature resolved to provide effectually against any such outrageous practices for the future: and with this view the commons ordered a bill to be brought in for amending and explaining an act of the twenty-ninth year of his late majesty's reign, intituled, "An act for the encouragement of seamen, and more speedy and effectual manning of his majesty's navy." While the committee was employed in perusing commissions and papers relating to private ships of war, that they might be fully acquainted with the nature of the subject, a considerable number of merchants and others, inhabiting the islands of Guernsey and Jersey, presented a petition to the house, alleging, that the inhabitants of those islands which lie in the British channel within sight of the French coast, had now, as well as in former wars, embarked their fortunes in equipping small privateers, which used to run in close with the French shore, and being disguised like fishing boats, had not only taken a considerable number of prizes, to the great annoyance of the enemy, but also obtained material intelligence of their designs on many important occasions; that these services could not be performed by large vessels, which durst not approach so near the coast, and indeed could not appear without giving the alarm, which was communicated from place to place by appointed signals. Being informed that a bill was depending, in order to prohibit privateers of small burden, they declared that such a law, if extended to privateers equipped in those islands, would ruin such as had invested their fortunes in small privateers, and not only deprive the kingdom of the before-mentioned advantages, but expose Great Britain to infinite prejudice from the small armed vessels of France, which the enemy, in that case, could pour abroad over the whole channel to the great annoyance of navigation and commerce. They prayed, therefore, that such privateers as belonged to the islands of Guernsey and Jersey might be wholly excepted from the penalties contained in the bill, or that they, the petitioners, might be heard by their counsel, and be indulged with such relief as the house should judge expedient. This representation being referred to the consideration of the committee, produced divers amendments to the hill, which at length obtained the royal assent, and contained these regulations: That, after the first day of January in the present year, no commission should be granted to a privateer in Europe under the burden of one hundred tons, the force of ten carriage guns, being three-pounders or above, with forty men at the least, unless the lords of the admiralty, or persons authorized by them, should think fit to grant the same to any ship of inferior force or burden, the owners thereof giving such bail or security as should be prescribed: that the lords of the admiralty might at any time revoke, by an order in writing under their hands, any commission granted to a privateer; this revocation being subject to an appeal to his majesty in council, whose determination should be final: that, previous to the granting any commission, the persons proposing to be bound, and give security, should severally make oath of their being respectively worth more money than the sum for which they were then to be bound, over and above the payment of all their just debts: that persons applying for such commissions should make application in writing, and therein set forth a particular and exact description of the vessel, specifying the burden, and the number and nature of the guns on board, to what place belonging, as well as the name or names of the principal owner or owners, and the number of men: these particulars to be inserted in the commission; and every commander to produce such commission to the custom-house officer who should examine the vessel, and, finding her answer the description, give a certificate thereof gratis, to be deemed a necessary clearance, without which the commander should not depart: that if, after the first day of July, any captain of a privateer should agree for the ransom of any neutral vessel, or the cargo, or any part thereof, after it should have been taken as prize, and in pursuance of such agreement should actually discharge such prize, he should be deemed guilty of piracy; but that with respect to contraband merchandise, he might take it on board his own ship, with the consent of the commander of the neutral vessel, and then set her at liberty; and that no person should purloin or embezzle the said merchandise before condemnation: that no judge, or other person belonging to any court of admiralty, should be concerned in any privateer: that owners of vessels, not being under fifty, or above one hundred tons, whose commissions are declared void, should be indemnified for their loss by the public: that a court of oyer and terminer, and gaol delivery, for the trial of offences committed within the jurisdiction of the admiralty, should be held twice a-year in the Old Bailey at London, or in such other place within England as the board of admiralty should appoint: that the judge of any court of admiralty, after an appeal interposed, as well as before, should, at the request of the captor or claimant, issue an order for appraising the capture, when the parties do not agree upon the value, and an inventory to be taken; then exact security for the full value, and cause the capture to be delivered to the person giving such security; but, should objection be made to the taking such security, the judge should, at the request of either party, order such merchandise to be entered, landed, and sold at public auction, and the produce to be deposited at the bank, or in some public securities: and in case of security being given, the judge should grant a pass in favour of the capture. Finally, the force of this act was limited to the duration of the then war with France only. This regulation very clearly demonstrated, that whatever violences might have been committed on the ships of neutral nations, they were by no means countenanced by the legislature, or the body of the people.



NEW MILITIA LAWS.

Every circumstance relating to the reformation of the marine, must be an important object to a nation whose wealth and power depend upon navigation and commerce; but a consideration of equal weight was the establishment of the militia, which, notwithstanding the repeated endeavours of the parliament, was found still incomplete, and in want of further assistance from the legislature. His majesty having, by the chancellor of the exchequer, recommended to the house the making suitable provision for defraying the charges of the militia during the current year, the accounts of the expense already incurred by this establishment were referred to the committee of supply, who, after having duly perused them, resolved, that ninety thousand pounds should be granted on account, towards defraying the charges of pay and clothing for the militia, from the last day of the last year, to the twenty-fifth day of March in the year one thousand seven hundred and sixty, and for repaying a sum advanced by the king for this service. Leave was given to bring in one bill pursuant to this resolution, and another to enforce the execution of the laws relating to the militia, remove certain difficulties, and prevent the incenveniencies by which it might be attended. So intent were the majority on both sides upon this national measure, that they not only carried both bills to the throne, where they received the royal assent, but they presented an address to the king, desiring that his majesty would give directions to his lieutenants of the several counties, ridings, and places in England, to use their utmost diligence and attention for carrying into execution the several acts of parliament relating to the militia. By this time all the individuals that constituted the representatives of the people, except such as actually served in the army, were become very well disposed towards this institution. Those who really wished well to their country had always exerted themselves in its favour; and it was now likewise espoused by those who foresaw that the establishment of a national militia would enable the administration to send the greater number of regular troops to fight the battles of Germany. Yet how zealous soever the legislature might be in promoting this institution, and notwithstanding the success with which many patriots exerted their endeavours through different parts of the kingdom, in raising and disciplining the militia, it was found not only difficult, but almost impracticable, to execute the intention of the parliament in some particular counties, where the gentlemen were indolent and enervated, or in those places where they looked upon their commander with contempt. Even Middlesex itself, where the king resides, was one of the last counties in which the militia could be arrayed. In allusion to this backwardness, the preamble or first clause in one of the present acts imported, that certain counties, ridings, and places in England had made some progress in establishing the militia, without completing the same, and that, in certain other counties, little progress had been made therein, his majesty's lieutenants and the deputy-lieutenants, and all others within such counties or districts, were therefore strictly required speedily and diligently to put these acts in execution. The truth is, some of these unwarlike commanders failed through ignorance and inactivity; others gave, or offered commissions to such people as threw a ridicule and contempt upon the whole establishment, and consequently hindered many gentlemen of worth, spirit, and capacity, from engaging in the service. The mutiny-bill, and that for the regulation of the marine-forces while on shore, passed through the usual forms, as annual measures, without any dispute or alteration. [485] [See note 3 S, at the end of this Vol.]



ACT FOR THE RELIEF OF DEBTORS REVIVED.

A committee having been appointed to inquire what laws were expired, or near expiring, and to report their opinion to the house touching the revival or continuation of these laws, they agreed to several resolutions; in consequence of which the following bills were brought in, and enacted into laws; namely, an act for regulating the lastage and ballastage of the river Thames; an act for continuing the law relating to the punishment of persons going armed or disguised; an act for continuing several laws near expiring; an act concerning the admeasurement of coals; an act for the relief of debtors, with respect to the imprisonment of their persons. This last was almost totally metamorphosed by alterations, amendments, and additions, among which the most remarkable were these: that where more creditors than one shall charge any prisoner in execution, and desired to have him detained in prison, they shall only respectively pay him each such weekly sum, not exceeding one shilling and sixpence per week, as the court, at the time of his being remanded, shall direct; that if any prisoner, described by the act, shall remain in prison three months after being committed, any creditor may compel him to give into court, upon oath, an account of his real and personal estate, to be disposed of for the benefit of his creditors, they consenting to his being discharged. Why the humanity of this law was confined to those prisoners only who are not charged in execution with any debt exceeding one hundred pounds, cannot easily be conceived. A man who, through unavoidable misfortunes, hath sunk from affluence to misery and indigence, is generally a greater object of compassion than he who never knew the delicacies of life, nor ever enjoyed credit sufficient to contract debts to any considerable amount; yet the latter is by this law entitled to his discharge, or at least to a maintenance in prison; while the former is left to starve in gaol, or undergo perpetual imprisonment amidst all the horrors of misery, if he owes above one hundred pounds to a revengeful and unrelenting creditor. Wherefore, in a country, the people of which justly pique themselves upon charity and benevolence, an unhappy fellow-citizen, reduced to a state of bankruptcy by unforeseen losses in trade, should be subjected to a punishment, which of all others must be the most grievous to a freeborn Briton, namely, the entire loss of liberty; a punishment which the most flagrant crime can hardly deserve in a nation that disclaims the torture; for, doubtless, perpetual imprisonment must be a torture infinitely more severe than death, because protracted through a series of years spent in misery and despair, without one glimmering ray of hope, without the most distant prospect of deliverance? Wherefore the legislature should extend its humanity to those only who are the least sensible of the benefit, because the most able to struggle under misfortune? and wherefore many valuable individuals should, for no guilt of their own, be not only ruined to themselves, but lost to the community? are questions which we cannot resolve to the satisfaction of the reader. Of all imprisoned debtors, those who are confined for large sums may be deemed the most wretched and forlorn, because they have generally fallen from a sphere of life where they had little acquaintance with necessity, and were altogether ignorant of the arts by which the severities of indigence are alleviated. On the other hand, those of the lower class of mankind, whose debts are small in proportion to the narrowness of their former credit, have not the same delicate feelings of calamity: they are inured to hardship, and accustomed to the labour of their hands, by which, even in a prison, they can earn a subsistence: their reverse of fortune is not so great, nor the transition so affecting: their sensations are not delicate; nor are they, like their betters in misfortune, cut off from hope, which is the wretch's last comfort. It is the man of sentiment and sensibility, who, in this situation, is overwhelmed with a complication of misery and ineffable distress: the mortification of his pride, his ambition blasted, his family undone, himself deprived of liberty, reduced from opulence to extreme want, from the elegancies of life to the most squalid and frightful scenes of poverty and affliction; divested of comfort, destitute of hope, and doomed to linger out a wretched being in the midst of insult, violence, riot, and uproar; these are reflections so replete with horror, as to render him, in all respects, the most miserable object on the face of the earth. He, alas! though possessed of talents that might have essentially served and even adorned society, while thus restrained in prison, and affected in mind, can exert no faculty, nor stoop to any condescension, by which the horrors of his fate might be assuaged: he scorns to execute the lowest offices of menial services, particularly in attending those who are the objects of contempt or abhorrence; he is incapable of exercising any mechanic art, which might afford a happy though a scanty independence: shrunk within his dismal cell, surrounded by haggard poverty, and her gaunt attendants, hollow-eyed famine, shivering cold, and wan disease, he wildly casts his eyes around; he sees the tender partner of his heart weeping in silent woe; he hears his helpless babes clamorous for sustenance; he feels himself the importunate cravings of human nature, which he cannot satisfy; and groans with all the complicated pangs of internal anguish, horror, and despair. These are not the fictions of idle fancy, but real pictures, drawn from nature, of which almost every prison in England will afford but too many originals.



BILLS FOR THE IMPORTATION OF IRISH BEEF AND TALLOW.

Among other new measures, a successful attempt was made in favour of Ireland, by a bill, permitting the free importation of cattle from that kingdom for a limited time. This, however, was not carried through both houses without considerable opposition, arising from the particular interests of certain counties and districts in several parts of Great Britain, from whence petitions against the bill were transmitted to the commons. Divers artifices were also used within doors to saddle the bill with such clauses as might overcharge the scheme, and render it odious or alarming to the public; but the promoters of it being aware of the design, conducted it in such a manner as to frustrate all their views, and convey it safely to the throne, where it was enacted into a law. The like success attended another effort in behalf of our fellow-subjects of Ireland. The bill for the importation of Irish cattle was no sooner ordered to be brought in, than the house proceeded to take into consideration the duties then payable on the importation of tallow from the same kingdom; and several witnesses being examined, the committee agreed to a resolution, that these duties should cease and determine for a limited time. A bill being formed accordingly, passed through both houses without opposition, though in the preceding session a bill to the same purpose had miscarried among the peers: a miscarriage probably owing to their being unacquainted with the sentiments of his majesty, as some of the duties upon tallow constituted part of one of the branches appropriated for the civil list revenue. This objection, however, was obviated in the case of the present bill, by the king's message to the house of commons, signifying his majesty's consent, as far as his interest was concerned in the affair. By this new act the free importation of Irish tallow was permitted for the term of five years.

In the month of February the commons presented an address to his majesty, requesting that he would give directions for laying before the house an account of what had been done, since the beginning of last year, towards securing the harbour of Milford, in pursuance of any directions from his majesty. These accounts being perused, and the king having, by the chancellor of the exchequer, exhorted them to make provision for fortifying the said harbour, a bill was brought in to explain, amend, and render more effectual, the act of the last session relating to this subject; and, passing through both houses, received the royal assent without opposition. By this act several engineers were added to the commissioners formerly appointed; and it was ordained that fortifications should be erected at Peter-church-point, Westlanyon-point, and Neyland-point, as being the most proper and best situated places for fortifying the interior parts of the harbour. It was also enacted, that the commissioners should appoint proper secretaries, clerks, assistants, and other officers, for carrying the two acts into execution, and that an account of the application of the money should be laid before parliament, within twenty days of the opening of every session. What next attracted the attention of the house was an affair of the utmost importance to the commerce of the kingdom, which equally affected the interest of the nation, and the character of the natives. In the latter end of February complaint was made to the house, that, since the commencement of the war, an infamous traffic had been set on foot by some merchants of London, of importing French cloths into several ports of the Levant, on account of British subjects. Five persons were summoned to attend the house, and the fact was fully proved, not only by their evidence, but also by some papers submitted to the house by the Turkey company. A bill was immediately contrived for putting a stop to this scandalous practice, reciting in the preamble, that such traffic was not only a manifest discouragement and prejudice to the woollen manufactures of Great Britain, but also a relief to the enemy, in consequence of which they were enabled to maintain the war against these kingdoms.

The next object that employed the attention of the commons, was to explain and amend a law made in the last session for granting to his majesty several rates and duties upon offices and pensions. The directions specified in the former act for levying this imposition having been found inconvenient in many respects, new regulations were now established, importing, that those deductions should be paid into the hands of receivers appointed by the king for that purpose; that all sums deducted under this act should be accounted for to such receivers, and the accounts audited and passed by them, and not by the auditors of the impress, or of the exchequer: that all disputes relating to the collection of this duty should be finally, and in a summary way, determined by the barons of the exchequer in England and Scotland respectively: that the commissioners of the land-tax should fix and ascertain the sum total or amount of the perquisites of every office and employment within their respective districts, distinct from the salary thereunto belonging, to be deducted under the said act, independently of any former valuation or assessment of the same to the land-tax; and should rate or assess all offices and employments, the perquisites whereof should be found to exceed the sum of one hundred pounds per annum, at one shilling for every twenty thence arising; that the receivers should transmit to the commissioners in every district where any office or employment is to be assessed, an account of such officers and employments, that, upon being certified of the truth of their amount, they might be rated and assessed accordingly; that in all future assessments of the land-tax, the said offices and employments should not be valued at higher rates than those at which they were assessed towards the land-tax of the thirty-first year of the present reign; that the word perquisite should be understood to mean such profits of offices and employments as arise from fees established by custom or authority, and payable either by the crown or the subjects, in consideration of business done in the course of executing such offices and employments; and that a commissioner possessed of any office or employment, might not interfere in the execution of the said act, except in what might relate to his own employment. By the four last clauses, several salaries were exempted from the payment of this duty. The objections made without doors to this new law, were the accession of pecuniary influence to the crown by the creation of a new office and officers, whereas this duty might have been easily collected and received by the commissioners of the land-tax already appointed, and the inconsistency that appeared between the fifth and seventh clause: in the former of these the commissioners of the land-tax were vested with the power of assessing the perquisites of every office within their respective districts, independent of any former valuation or assessment of the same to the land-tax; and by the latter, they are restricted from assessing any office at a higher rate than that of the thirty-first year of the reign of George II.

In the beginning of March, petitions were offered to the house by the merchants of Birmingham in Warwickshire, and Sheffield in Yorkshire, specifying that the toy trade of these and many other towns consisted generally of articles in which gold and silver might be said to be manufactured, though in a small proportion, inasmuch as the sale of them depended upon slight ornaments of gold and silver: that by a clause passed in the last session of parliament, obliging every person who should sell goods or wares in which any gold or silver was manufactured to take out an annual license of forty shillings, they the petitioners were laid under great difficulties and disadvantages; that not only the first seller, but every person through whose hands the goods or wares passed to the consumer, was required to take out the said license: they therefore requested that the house should take these hardships and inequalities into consideration, and indulge them with reasonable relief. The committee, to which this affair was referred, having resolved that this imposition was found detrimental to the toy and cutlery trade of the kingdom, the house agreed to the resolution, and a bill being prepared, under the title of "An act to amend the act made in the last session, for repealing the duty granted by an act of the sixth year of the reign of his late majesty, on silver plate, and for granting a duty on licenses to be taken out by all persons dealing in gold and silver plate," was enacted into a law by the royal sanction. By this new regulation, small quantities of gold and silver plate were allowed to be sold without license. Instead of the duty before payable upon licenses, another was granted, to be taken out by certain dealers in gold and silver plate, pawnbrokers, and refiners. This affair being discussed, the house took into consideration the claims of the proprietors of lands purchased for the better securing of his majesty's docks, ships, and stores at Chatham, Portsmouth, and Plymouth; and for better fortifying the town of Portsmouth, and citadel of Plymouth, in pursuance of an act passed in the last session. We have already specified the sum granted for this purpose, in consequence of a resolution of the house, upon which a bill being founded, soon passed into a law without opposition.*

* The next bill which was brought into the house related to the summons issued by the commissioners of the excise, and justices of the peace, for the appearance of persons offending against, or for forfeitures incurred by, the laws of excise. As some doubts had arisen with respect to the method of summoning in such cases, this bill, which obtained the royal assent in due course, enacted, that the summons left at the houses, or usual place of residence, or with the wife, child, or menial servants of the person so summoned, should be held as legal notice, as well as the leaving such notice at the house, workhouse, warehouse, shop, cellar, vault, or usual place of residence, of such person, directed to him by his right or assumed name; and all dealers in coffee, tea, or chocolate, were subjected to the penalty of twenty pounds, as often as they should neglect to attend the commissioners of excise, when summoned in this manner.

In the month of April, a bill was brought in for the more effectual preventing the fraudulent importation of cambrics; and while it was under deliberation, several merchants and wholesale drapers of the city of London presented a petition, representing the grievances to which they, and many thousand of other traders, would be subjected, should the bill, as it then stood, be passed into a law. According to their request, they were heard by their counsel on the merits of this remonstrance, and some amendments were made to the bill in their favour. At length it received the royal assent, and became a law to the following effect: It enacted, that no cambrics, French lawns, or linens of this kind usually entered under the denomination of cambrics, should be imported after the first day of next August, but in bales, cases, or boxes, covered with sackcloth or canvas, containing each one hundred whole pieces, or two hundred half pieces, on penalty of forfeiting the whole; that cambrics and French lawns should be imported for exportation only, lodged in the king's warehouses, and delivered out under like security, and restrictions as prohibited East India merchandise, and, on importation, pay only the half subsidy: that all cambrics and French lawns in the custody of any persons should be deposited, by the first of August, in the king's warehouses, the bonds thereupon be delivered up, and the drawback on exportation paid; yet the goods should not be delivered out again but for exportation: that cambrics and French lawns exposed to sale, or found in the possession of private persons, after the said day, should be forfeited, and liable to be searched for, and seized, in like manner as other prohibited and uncustomed goods are; and the offender should forfeit two hundred pounds over and above all other penalties and forfeitures inflicted by any former act: that if any doubt should arise concerning the species or quality of the goods, or the place where they were manufactured, the proof should lie on the owner: finally, that the penalty of five pounds inflicted by a former act, and payable to the informer, on any person that should wear any cambric or French lawns, should still remain in force, and be recoverable, on conviction, by oath of one witness, before one justice of the peace.—The last successful bill which this session produced, was that relating to the augmentation of the salaries of the judges in his majesty's superior courts of justice. A motion having been made for an instruction to the committee of supply, to consider of the said augmentation, the chancellor of the exchequer acquainted the house, that this augmentation was recommended to them by his majesty. Nevertheless, the motion was opposed, and a warm debate ensued. At length, however, being carried in the affirmative, the committee agreed to certain resolutions, on which a bill was founded. While it remained under discussion, a motion was made for an instruction to the committee, that they should have power to receive a clause or clauses for restraining the judges, comprehended within the provisions of the bill, from receiving any fee, gift, present, or entertainment, from any city, town, borough, or corporation, or from any sheriff, gaoler, or other officer, upon their several respective circuits, and from taking any gratuity from any officer or officers of any of the courts of law. Another motion was made, for a clause restraining such judges, barons, and justices, as were comprehended within the provisions of the bill, from interfering, otherwise than by giving their own votes, in any election of members to serve in parliament; but both these proposals, being put to the vote, were carried in the negative. These two motions being over-ruled by the majority, the bill underwent some amendments; and having passed through both houses in the ordinary course, was enacted into a law by the royal sanction. With respect to the import of this act, it is no other than the establishment of the several stamp-duties, applied to the augmentation, and the appropriation of their produce in such a manner, that the crown cannot alter the application of the sums thus granted in parliament. But on this occasion, no attempt was made in favour of the independency of the judges, which seems to have been invaded by a late interpretation of, or rather by a deviation from, the act of settlement; in which it is expressly ordained, that the commissions of the judge? should continue in force quamdiu se bene gesserint; that their salaries should be fixed, and none of them remove-able but by an address of both houses of parliament. It was then, without all doubt, the intention of the legislature that every judge should enjoy his office during life, unless convicted, by legal trial, of some misbehaviour, or unless both houses of parliament should concur in desiring his removal: but the doctrine now adopted imports, that no commission can continue in force longer than the life of the king by whom it was granted; that therefore the commissions of the judges must be renewed by a new king at his accession, who should have it in his power to employ either those whom he finds acting as judges at his accession, or confer their offices on others, with no other restraint than that the condition of new commissions, should be quamdiu se bene gesserint. Thus the office of a judge is more precarious, and the influence of the crown receives a considerable reinforcement.

Among the bills that miscarried in the course of the session, we may number a second attempt to carry into execution the scheme which was offered last year for the more effectual manning the navy, preventing desertion, and relieving and encouraging the seamen of Great Britain. A bill was accordingly brought in, couched in nearly the same terms which had been rejected in the last session; and it was supported by a considerable number of members, animated with a true spirit of patriotism: but to the trading part of the nation it appeared one of those plausible projects, which, though agreeable in speculation, can never be reduced into practice, without a concomitancy of greater evils than those they were intended to remove. While the bill remained under the consideration of the house, petitions were presented against it by the merchants of Bristol, Scarborough, Whitby, Ivingston-upon-Hull, and Lancaster, representing, that by such a law, the trade of the kingdom, which is the nursery and support of seamen at all times, and that spirit of equipping private ships of war, which had been of distinguished service to the nation, would be laid under such difficulties as might cause a great stagnation in the former, and a total suppression of the latter; the bill, therefore, would be highly prejudicial to the marine of the kingdom, and altogether ineffectual for the purposes intended. A great number of books and papers, relating to trading ships and vessels, as well as to seamen and other persons protected or pressed into the navy, and to expenses occasioned by pressing men into the navy, were examined in a committee of the whole house, and the bill was improved with many amendments: nay, after it was printed and engrossed, several clauses were added by way of rider; yet still the experiment seemed dangerous. The motion for its being past was violently opposed; warm debates ensued; they were adjourned, and resumed; and the arguments against the bill appeared at length in such a striking light, that, when the question was put, the majority declared for the negative. The regulations which had been made in parliament during the twenty-sixth, the twenty-eighth, and thirtieth years of the present reign, for the preservation of the public roads, being attended with some inconveniencies in certain parts of the kingdom, petitions were brought from some counties in Wales, as well as from the freeholders of Hertfordshire, the farmers of Middlesex, and others, enumerating the difficulties attending the use of broad wheels, in one case, and the limitation of horses used in drawing carriages with narrow wheels, in the other. The matter of these remonstrances was considered in a committee of the whole house, which resolved, that the weight to be carried by all waggons and carts, travelling on the turnpike roads, should be limited. On this resolution a bill was framed, for amending and reducing into one act of parliament the three acts before mentioned for the preservation of the public highways; but some objections being started, and a petition interposed by the land-holders of Suffolk and Norfolk, alleging that the bill, if passed into a law, would render it impossible to bring fresh provisions from those counties to London, as the supply depended absolutely upon the quickness of conveyance, the further consideration of it was postponed to a longer day, and never resumed in the sequel: so that the attempt miscarried.

{GEORGE II. 1727-1760}



CASE OF THE INSOLVENT DEBTORS.

Of all the subjects, which, in the course of this session, fell under the cognizance of parliament, there was none that more interested the humanity, or challenged the redress, of the legislature, than did the case of the poor insolvent debtors, who languished under all the miseries of indigence and imprisonment. In the month of February a petition was offered to the commons in behalf of bankrupts, who represented, that having scrupulously conformed to the laws made concerning bankruptcy, by surrendering their all upon oath, for the benefit of their creditors, they had nevertheless been refused their certificates, without any probability of relief; that by this cruel refusal, many bankrupts have been obliged to abscond, while others were immured in prison, and these unhappy sufferers groaned under the particular hardship of being excluded from the benefit of laws occasionally made for the relief of insolvent debtors; that the power vested in creditors of refusing certificates to their bankrupts, was, as the petitioners conceived, founded upon a presumption that such power would be tenderly exercised, and never but in notorious cases; but the great increase in the number of bankrupts within two years past, and in the small proportion of those who had been able to obtain their certificates, seemed to demonstrate that the power had been used for cruel and unjust purposes, contrary to the intention of the legislature: that as the greater part of the petitioners, and their fellow-sufferers, must inevitably and speedily perish, with their distressed families, unless seasonably relieved by the interposition of parliament, they implored the compassion of the house, from which they hoped immediate favour and relief. This petition was accompanied with a printed case, explaining the nature of the laws relating to bankrupts, and pointing out their defects in point of policy as well as humanity; but little regard was seemingly paid to either remonstrance. Other petitions, however, being presented by insolvent debtors, imprisoned in different gaols within the kingdom, leave was given to bring in a bill for their relief, and a committee appointed to examine the laws relating to bankruptcy.



CASE OF CAPTAIN WALKER.

Among other petitionary remonstrances on this subject, the members were separately presented with the printed case of captain George Walker, a prisoner in the gaol of the king's bench, who had been declared a bankrupt, and complained, that he had been subjected to some flagrant acts of injustice and oppression. The case contained such extraordinary allegations, and the captain's character was so remarkably fair and interesting, that the committee, which were empowered to send for persons, papers, and records, resolved to inquire into the particulars of his misfortune. A motion was made and agreed to, that the marshal of the prison should bring the captain before the committee; and the speaker's warrant was issued accordingly. The prisoner was produced, and examined at several sittings, and some of the members expressed a laudable eagerness to do him justice; but his antagonists were very powerful, and left no stone unturned to frustrate the purpose of the inquiry, which was dropped of course at the end of the session. Thus the unfortunate captain Walker, who had, in the late war, remarkably distinguished himself at sea by his courage and conduct, repeatedly signalizing himself against the enemies of his country, was sent back without redress to the gloomy mansions of a gaol, where he had already pined for several years, useless to himself, and lost to the community, while he might have been profitably employed in retrieving his own fortune, and exerting his talents for the general advantage of the nation. While this affair was in agitation, the bill for the relief of insolvent debtors was prepared, printed, and read a second time; but, when the motion was made for its being committed, a debate arose, and this was adjourned from time to time till the end of the session. In the meantime, the committee continued to deliberate upon the laws relating to bankruptcy; and in the beginning of June reported their resolution to the house, that, in their opinion, some amendments might be made to the laws concerning bankruptcy; to the advantage of creditors, and relief of insolvents. Such was the notice vouchsafed to the cries of many British subjects, deprived of liberty, and destitute of the common necessaries of life.



REMARKS ON THE BANKRUPT-LAWS.

It would engage us in a long digressive discussion were we to inquire how the spirit of the laws in England, so famed for lenity, has been exasperated into such severity against insolvent debtors; and why, among a people so distinguished for generosity and compassion, the gaols should be more filled with prisoners than they are in any other part of Christendom. Perhaps both these deviations from a general character are violent efforts of a wary legislature made in behalf of trade, which cannot bo too much cherished in a nation that principally depends upon commerce. The question is, whether this laudable aim may not be more effectually accomplished, without subjecting individuals to oppression, arising from the cruelty and revenge of one another. As the laws are modelled at present, it cannot be denied that the debtor, in some cases, lies in a peculiar manner at the mercy of his creditor. By the original and common law of England, no man could be imprisoned for debt. The plaintiff in any civil action could have no execution upon his judgment, against either the body or the lands of the defendant: even with respect to his goods and chattels, which were subject to execution, he was obliged to leave him such articles as were necessary for agriculture. But, in process of time, this indulgence being found prejudicial to commerce, a law was enacted, in the reign of Edward I. allowing execution on the person of the debtor, provided his goods and chattels were not sufficient to pay the debt which he had contracted. This law was still attended with a very obvious inconvenience: the debtor, who possessed an estate in lands, was tempted to secrete his moveable effects, and live in concealment on the produce of his lands, while the sheriff connived at his retirement. To remove this evil, a second statute was enacted in the same reign, granting immediate execution against the body, lands, and goods of the debtor; yet his effects could not be sold for the benefit of his creditors till the expiration of three months, during which he himself could dispose of them for ready money, in order to discharge his incumbrances. If the creditor was not satisfied in this manner, he continued in possession of the debtor's lands, and detained the debtor himself in prison, where he was obliged to supply him with bread and water for his support, until the debt was discharged. Other severe regulations were made in the sequel, particularly in the reign of Edward III. which gave rise to the writ of capias ad satisfaciendum. This indeed rendered the preceding laws, called statute-merchant, and statute-staple, altogether unnecessary. Though the liberty of the subject, and the security of the landholder, were thus in some measure sacrificed to the advantage of commerce, an imprisoned debtor was not left entirely at the mercy of an inexorable creditor. If he made all the satisfaction in his power, and could show that his insolvency was owing to real misfortunes, the court of chancery interposed on his petition, and actually ordered him to be discharged from prison, when no good reason for detaining him could be assigned. This interposition, which seems naturally to belong to a court of equity, constituted with a view to mitigate the rigour of the common law, ceased, in all probability after the restoration of Charles the Second, and of consequence the prisons were filled with debtors. Then the legislature charged themselves with the extension of a power, which perhaps a chancellor no longer thought himself safe in exercising; and in the year one thousand six hundred and seventy, passed the first act for the relief of insolvent debtors, granting a release to all prisoners for debt, without distinction or inquiry. By this general indulgence, which has even in a great measure continued in all subsequent acts of the same kind, the lenity of the parliament may be sometimes misapplied, inasmuch as insolvency is often criminal, arising from profligacy and extravagance, which deserve to be severely punished. Yet, even for this species of insolvency, perpetual imprisonment, aggravated by the miseries of extreme indigence, and the danger of perishing through famine, may be deemed a punishment too severe. How cruel then must it be to leave the most innocent bankrupt exposed to this punishment, from the revenge or sinister design of a merciless creditor; a creditor, by whose fraud the prisoner became a bankrupt, and by whoso craft he is detained in gaol, lest by his discharge from prison, he should be enabled to seek that redress in chancery to which he is entitled on a fair account! The severity of the law was certainly intended against fraudulent bankrupts only; and the statute of bankruptcy is, doubtless, favourable to insolvents, as it discharges from all former debts those who obtained their certificates. As British subjects, they are surely entitled to the same indulgence which is granted to other insolvents. They were always included in every act passed for the relief of insolvent debtors, till the sixth year of George I. when they were first excepted from this benefit. By a law enacted in the reign of queen Anne, relating to bankruptcy, any creditor was at liberty to object to the confirmation of the bankrupt's certificate; but the chancellor had power to judge whether the objection was frivolous or well-founded: yet, by a latter act, the chancellor is obliged to confirm the certificate, if it is agreeable to four-fifths in number and value of the creditors; whereas he cannot confirm it, should he be opposed, even without any reason assigned, by one creditor to whom the greatest part of the debt is owing. It might, therefore, deserve the consideration of parliament, whether, in extending their clemency to the poor, it should not be equally diffused to bankrupts and other insolvents; whether proper distinction ought not to be made between the innocent bankrupt who fails through misfortune in trade, and him who becomes insolvent from fraud or profligacy: and finally, whether the inquiry and trial of all such cases would not properly fall within the province of chancery, a tribunal instituted for the mitigation of common law.



INQUIRY INTO THE STATE OF THE POOR.

The house of commons seems to have been determined on another measure, which, however, does not admit of explanation. An order was made in the month of February, that leave should be given to bring in a bill to explain, amend, and render effectual, so much of an act passed in the thirteenth year of George II. against the excessive increase of horse-races, and deceitful gaming, as related to that increase. The bill was accordingly presented, read, printed, and ordered to be committed to a committee of the whole house; but the order was delayed from time to time till the end of the session. Some progress was likewise made in another affair of greater consequence to the community. A committee was appointed in the month of March, to take into consideration the state of the poor in England, as well as the laws enacted for their maintenance. The clerks of the peace belonging to all the counties, cities, and towns in England and Wales, were ordered to transmit, for the perusal of the house, an account of the annual expense of passing vagrants through their respective divisions and districts for four years: and the committee began to deliberate on this important subject. In the latter end of May the house was made acquainted with their resolutions, importing, that the present methods of relieving the poor in the respective parishes, where no workhouses have been provided for their reception and employment, are, in general, very burdensome to the inhabitants, and tend to render the poor miserable to themselves, and useless to the community: that the present method of giving money out of the parochial rates to persons capable of labour, in order to prevent them from claiming an entire subsistence for themselves and their families, is contrary to the spirit and intention of the laws for the relief of the poor, is a dangerous power in the hands of parochial officers, a misapplication of the public money, and a great encouragement to idleness and intemperance; that the employment of the poor, under proper direction and management, in such works and manufactures as are suited to their respective capacities, would be of great utility to the public: that settling the poor in Workhouses, to be provided in the several counties and ridings in England and Wales, under the direction and management of governors and trustees to be appointed for that purpose, would be the most effectual method of relieving such poor persons, as, by age, infirmities, or diseases, are rendered incapable of supporting themselves by their labour: of employing the able and industrious, reforming the idle and profligate, and of educating poor children in religion and industry: and that the poor in such workhouses would be better regulated and maintained, and managed with more advantage to the public, by guardians, governors, or trustees, to be especially appointed, or chosen for that purpose, and incorporated with such powers, and under such restrictions, as the legislature should deem proper, than by the annual parochial officers: that erecting workhouses upon the waste lands, and appropriating a certain quantity of such lands to be cultivated, in order to produce provisions for the poor in the said houses, would not only be the means of instructing and employing many of the said poor in agriculture, but lessen the expense of the public: that controversies and law-suits concerning the settlements of poor persons, occasioned a very great, and in general an useless expense to the public, amounting to many thousand pounds per annum; and that often more money is expended in ascertaining such settlements by each of the contending parishes than would be sufficient to maintain the paupers: that should workhouses be established for the general reception of the poor, in the respective counties and ridings of England, the laws relating to the settlements of the poor, and the passing of vagrants, might be repealed: that while the present laws relating to the poor subsist, the compelling parish-officers to grant certificates to the poor, would in all probability prevent the hardships they now suffer, in being debarred gaining their livelihood, where they can do it most usefully to themselves and the public. From these sensible resolutions, the reader may conceive some idea of the misconduct that attends the management of the poor in England, as well as of the grievous burdens entailed upon the people by the present laws which constitute this branch of the legislature. The committee's resolves being read at the table, an order was made that they should be taken into consideration on a certain day, when the order was again put off, and in the interim the parliament was prorogued. While the committee deliberated upon this affair, leave was given to prepare a bill for preventing tenants, under a certain yearly rent, from gaining settlements in any particular parish, by being there rated in any land-tax assessment, and paying for the landlord the money so charged. This order was afterwards discharged; and another bill brought in to prevent any person from gaining a settlement, by being rated by virtue of an act of parliament for granting an aid to his majesty by a land-tax, and paying the same. The bill was accordingly presented, read, committed, and passed the lower house; but among the lords it miscarried. It can never be expected that the poor will be managed with economy and integrity, while the execution of the laws relating to their maintenance is left in the hands of low tradesmen, who derive private advantage from supplying them with necessaries, and often favour the imposition of one another with the most scandalous collusion. This is an evil which will never be remedied, until persons of independent fortune, and unblemished integrity, actuated by a spirit of true patriotism, shall rescue their fellow-citizens from the power of such interested miscreants, by taking the poor into their own management and protection. Instead of multiplying laws with respect to the settlement and management of the poor, which serve only to puzzle and perplex the parish and peace officers, it would become the sagacity of the legislature to take some effectual precautions to prevent the increase of paupers and vagrants, which is become an intolerable nuisance to the commonwealth. Towards this salutary end, surely nothing would more contribute than a reformation of the police, that would abolish those infamous places of entertainment, which swarm in every corner of the metropolis, seducing people of all ranks to extravagance, profligacy, and ruin; and would restrict within due bounds the number of public-houses, which are augmented to an enormous degree, affording so many asylums for riot and debauchery, and corrupting the morals of the common people to such a pitch of licentious indecency, as must be a reproach to every civilized nation. Let it not be affirmed, to the disgrace of Great Britain, that such receptacles of vice and impurity subsist under the connivance of the government, according to the narrow views and confined speculation of those shallow politicians, who imagine that the revenue is increased in proportion to the quantity of strong liquors consumed in such infamous recesses of intemperance. Were this in reality the case, that administration would deserve to be branded with eternal infamy, which could sacrifice to such abase consideration the health, the lives, and the morals of their fellow-creatures: but nothing can be more fallacious than the supposition, that the revenue of any government can be increased by the augmented intemperance of the people; for intemperance is the bane of industry, as well as of population; and what the government gains in the articles of the duty on malt, and the excise upon liquors, will always be greatly overbalanced by the loss in other articles, arising from the diminution of hands, and the neglect of labour.



REGULATION OF WEIGHTS AND MEASURES.

Exclusive of the bills that were actually prepared, though they did not pass in the course of the session, the commons deliberated on other important subjects, which, however, were not finally discussed. In the beginning of the session, a committee being appointed to resume the inquiry touching the regulation of weights and measures, a subject we have mentioned in the history of the preceding session, the box which contained a troy pound weight, locked up by order of the house, was again produced by the clerk in whose custody it had been deposited. This affair being carefully investigated, the committee agreed to fourteen resolutions. [490] [See note 3 T, at the end of this Vol.] In the meantime, it was ordered that all the weights referred to in the report, should be delivered to the clerk of the house, to be locked up and brought forth occasionally.



THE FOUNDLING HOSPITAL.

The house of commons, among other articles of domestic economy, bestowed some attention on the hospital for foundlings, which was now, more than ever, become a matter of national consideration. The accounts relating to this charity having been demanded, and subjected to the inspection of the members, were, together with the king's recommendation, referred to the committee of supply, where they produced the resolutions which we have already specified among the other grants of the year. The house afterwards resolved itself into a committee to deliberate on the state of the hospital, and examine its accounts. On the third day of May, their resolutions were reported to the following effect: that the appointing, by the governors and guardians of the said hospital, places in the several counties, ridings, or divisions in this kingdom, for the first reception of exposed and deserted young children, would be attended with many evil consequences; and that the conveying of children from the country to the said hospital is attended with many evil consequences, and ought to be prevented. A bill was ordered to be brought in, founded upon this last resolution, but never presented; therefore the inquiry produced no effect. Notwithstanding the institution of this charity, for the support of which great sums are yearly levied on the public, it does not appear that the bills of mortality, respecting new-born children, are decreased, nor the shocking crime of infant-murder rendered less frequent than heretofore. It may, therefore, not be improperly styled a heavy additional tax for the propagation of bastardy, and the encouragement of idleness among the common people; besides the tendency it has to extinguish the feelings of the heart, and dissolve those family ties of blood by which the charities are connected. In the month of March, leave was given to bring in a bill for the more effectual preventing of the melting down and exporting the gold and silver coin of the kingdom, and the persons were nominated to prepare it; but the bill never appeared, and no further inquiry was made about the matter. Perhaps it was supposed that such a measure might be thought an encroachment on the prerogative of the crown, which hath always exercised the power of fixing the standard, and regulating the currency of the coin. Perhaps such a step was deferred on account of the war, during which a great quantity of gold and silver was necessarily exported to the continent, for the support of the allies and armies in the pay of Great Britain. The legislature, however, would do well to consider this eternal maxim in computation, that when a greater quantity of bullion is exported, in waste, than can be replaced by commerce, the nation must be hastening to a state of insolvency. Over and above these proceedings in this session of parliament, it may not be unnecessary to mention several messages which were sent by the king to the house of commons. That relating to the vote of credit we have already specified in our account of the supply. On the twenty-sixth day of April, the chancellor of the exchequer presented to the house two messages signed by his majesty, one in favour of his subjects in North America, and the other in behalf of the East India company: the former recommending to their consideration the zeal and vigour with which his faithful subjects in North America had exerted themselves in defence of his just rights and possessions; desiring he might be enabled to give them a proper compensation for the expenses incurred by the respective provinces in levying, clothing, and paying the troops raised in that country, according as the active vigour and strenuous efforts of the several colonies should appear to merit: in the latter, he desired the house would empower him to assist the East India company in defraying the expense of a military force in the East Indies, to be maintained by them, in lieu of a battalion of regular troops withdrawn from thence, and returned to Ireland. Both these messages were referred to the committee of supply, and produced the resolutions upon each subject which we have already explained. The message relating to a projected invasion by the enemies of Great Britain, we shall particularize in its proper place, when we come to record the circumstances and miscarriage of that design. In the meantime, it may not be improper to observe, that the thanks of the house of commons were voted and given to admiral Boscawen and major-general Amherst, for the services they had done their king and country in North America; and the same compliment was paid to admiral Osborne, for the success of his cruise in the Mediterranean.

The session was closed on the second day of June, with a speech to both houses from the commissioners appointed by his majesty for that purpose. In this harangue the parliament was given to understand, that the king approved of their conduct, and returned them his thanks for their condescension; that the hopes he had conceived of their surmounting the difficulties which lay in the way, were founded on the wisdom, zeal, and affection of so good a parliament, and that his expectations were fully answered; that they had considered the war in all its parts, and notwithstanding its long continuance, through the obstinacy of the enemy, had made such provision for the many different operations as ought to convince the adversaries of Great Britain, that it would be for their interest, as well as for the ease and relief of all Europe, to embrace equitable and honourable terms of accommodation. They were told that, by their assistance, the combined army in Germany had been completed; powerful squadrons, as well as numerous bodies of land-forces, were employed in America, in order to maintain the British rights and possessions, and annoy the enemy in the most sensible maimer in that country: that, as France was making considerable preparations in her different ports, he had taken care to put his fleet at home in the best condition, both of strength and situation, to guard against and repel any attempts that might be meditated against his kingdoms: that all his measures had been directed to assert the honour of his crown; to preserve the essential interests of his faithful subjects; to support the cause of the protestant religion, and public liberty: he therefore trusted that the uprightness of his intentions would draw down the blessing of heaven upon his endeavours. He expressed his hope, that the precautions they had taken to prevent and correct the excesses of the privateers would produce the desired effect: a consideration which the king had much at heart; for, though sensible of the utility of that service, when under proper regulations, he was determined to do his utmost to prevent any injuries or hardships which might be sustained by the subjects of neutral powers, as far as might be practicable and consistent with his majesty's just right to hinder the trade of his enemies from being collusively and fraudulently covered. He not only thanked the commons, but applauded the firmness and vigour with which they had acted, as well as their prudence in judging, that notwithstanding the present burdens, the making ample provision for carrying on the war was the most probable means to bring it to an honourable and happy conclusion. He assured them that no attention should be wanting, on his part, for the faithful application of what had been granted. They were informed he had nothing further to desire, but that they would carry down the same good dispositions, and propagate them in their several counties, which they had shown in their proceedings during the session. These declarations being pronounced, the parliament was prorogued.

{GEORGE II. 1727-1760}



PREPARATIONS FOR WAR.

The people of England, provoked on one hand by the intrigues, the hostilities and menaces of France, and animated on the other by the pride and triumph of success, which never fails to reconcile them to difficulties, howsoever great, and expense, however enormous, at this period breathed nothing but war, and discoursed about nothing but new plans of conquest. We have seen how liberally the parliament bestowed the nation's money; and the acquiescence of the subjects in general under the additional burdens which had been imposed, appeared in the remarkable eagerness with which they embarked in the subscription planned by the legislature; in the vigorous assistance they contributed towards manning the navy, recruiting the army, and levying additional forces; and the warlike spirit which began to diffuse itself through all ranks of the people, This was a spirit which the ministry carefully cherished and cultivated, for the support of the war, which, it must bo owned, was prosecuted with an ardour and efficacy peculiar to the present administration. True it is, the German war had been for some time adopted as an object of importance by the British councils, and a resolution was taken to maintain it without flinching: at the same time, it must be allowed, that this consideration had not hitherto weakened the attention of the ministry to the operations in America, where alone the war may be said to have been carried on and prosecuted on British principles, so as to distress the enemy in their most tender part, and at the same time, acquire the most substantial advantages to the subjects of Britain. For these two purposes, every preparation was made that sagacity could suggest, or vigour execute. The navy was repaired and augmented; and, in order to man the different squadrons, the expedient of pressing, that disgrace to a British administration, was practised both by land and water with extraordinary rigour and vivacity. A proclamation was issued, offering a considerable bounty for every seaman and every landman that should by a certain day enter voluntarily into the service. As an additional encouragement to this class of people, the king promised his pardon to all seamen who had deserted from their respective ships to which they belonged, provided they should return to their duty by the third day of July; but at the same time he declared, that those who should neglect this opportunity, at a time when their country so much required their service, would, upon being apprehended, incur the penalty of a court-martial, and if convicted, be deemed unfit objects of the royal mercy. All justices of the peace, mayors, and magistrates of corporations throughout Great Britain, were commanded to make particular search for straggling seamen fit for the service, and to send all that should be found to the nearest sea-port, that they might be sent on board by the sea-officer there commanding. Other methods, more gentle and effectual, were taken to levy and recruit the land-forces. New regiments were raised, on his majesty's promise that every man should be entitled to his discharge at the end of three years, and the premiums for enlisting were increased. Over and above these indulgences, considerable bounties were offered and given by cities, towns, corporations, and even by individuals, so universally were the people possessed with a spirit of chivalry and adventure. The example was set by the metropolis, where the common-council resolved, that voluntary subscriptions should be received in the chamber of London, to be appropriated as bounty-money to such persons as should engage in his majesty's service. The city subscribed a considerable sum for that purpose; and a committee of aldermen and commoners was appointed to attend at Guildhall, to receive and apply the subscriptions. Asa further encouragement to volunteers, they moreover resolved, that every person so entering should be entitled to the freedom of the city, at the expiration of three years, or sooner if the war should be brought to a conclusion. These resolutions being communicated to the king, he was pleased to signify his approbation, and return his thanks to the city, in a letter from the secretary of state to the lord-mayor. Large sums were immediately subscribed by different companies, and some private persons; and, in imitation of the capital, bounties were offered by many different communities in every quarter of the United Kingdom. At the same time, such care and diligence were used in disciplining the militia, that, before the close of the year, the greater part of those truly constitutional battalions rivalled the regular troops in the perfection of their exercise, and seemed to be, in all respects, as fit for actual service.