Complete Works of Samuel Johnson, page 234
It cannot be denied to be possible, and in my opinion it is very likely, that many contracts will be made without the knowledge of this law, and consequently without any design of violating it; but ignorance, inevitable ignorance, though it is a valid excuse for every other man, is no plea for the unhappy sailor; he must suffer, though innocent, the penalty of a crime; must undergo danger, hardships, and labour, without a recompense, and at the end of a successful voyage, after having enriched his country by his industry, return home to a necessitous family, without being able to relieve them.
It is scarcely necessary, sir, to raise any more objections to a clause in which nothing is right; but, to show how its imperfections multiply upon the slightest consideration, I take the opportunity to observe, that there is no provision made for regulating the voyages performed in less time than a month, so that the greatest part of the abuses, which have been represented as the occasion of this clause, are yet without remedy, and only those sailors who venture far, and are exposed to the greatest dangers, are restrained from receiving an adequate reward.
Thus much, sir, I have said upon the supposition that a regulation of the sailors’ wages is either necessary or just; a supposition of which I am very far from discovering the truth. That it is just to oppress the most useful of our fellow-subjects, to load those men with peculiar hardships to whom we owe the plenty that we enjoy, the power that yet remains in the nation, and which neither the folly nor the cowardice of ministers have yet been able to destroy, and the security in which we now sit and hold our consultations; that it is just to lessen our payments at a time when we increase the labour of those who are hired, and to expose men to danger without recompense, will not easily be proved, even by those who are most accustomed to paradoxes, and are ready to undertake the proof of any position which it is their interest to find true.
Nor is it much more easy to show the necessity of this expedient in our present state, in which it appears from the title of the bill, that our chief endeavour should be the increase and encouragement of sailors, and, I suppose, it has not often been discovered, that by taking away the profits of a profession greater numbers have been allured to it.
The high wages, sir, paid by merchants are the chief incitements that prevail upon the ambitious, the necessitous, or the avaricious, to forsake the ease and security of the land, to leave easy trades, and healthful employments, and expose themselves to an element where they are not certain of an hour’s safety. The service of the merchants is the nursery in which seamen are trained up for his majesty’s navies, and from thence we must, in time of danger, expect those forces by which alone we can be protected.
If, therefore, it is necessary to encourage sailors, it is necessary to reject all measures that may terrify or disgust them; and as their numbers must depend upon our trade, let us not embarrass the merchants with any other difficulties than those which are inseparable from war, and which very little care has been hitherto taken to alleviate.
Mr. HAY replied: — Sir, the objections which have been urged with so much ardour, and displayed with such power of eloquence, are not, in my opinion, formidable enough to discourage us from prosecuting our measures; some of them may be, perhaps, readily answered, and the rest easily removed.
The computation of time, as it now stands, is allowed not to produce any formidable evil, and therefore did not require so rhetorical a censure: the inconveniency of calendar months may easily be removed by a little candour in the contracting parties, or, that the objection may not be repeated to the interruption of the debate, weeks or days may be substituted, and the usual reckoning of the sailors be still continued.
That some contracts may be annulled, and inconveniencies or delays of payment arise, is too evident to be questioned; but in that case the sailor may have his remedy provided, and be enabled to obtain, by an easy process, what he shall be judged to have deserved; for it must be allowed reasonable, that every man who labours in honest and useful employments, should receive the reward of his diligence and fidelity.
Thus, sir, may the clause, however loudly censured and violently opposed, be made useful and equitable, and the publick service advanced without injury to individuals.
Sir Robert WALPOLE next rose, and spoke as follows: — Sir, every law which extends its influence to great numbers in various relations and circumstances, must produce some consequences that were never foreseen or intended, and is to be censured or applauded as the general advantages or inconveniencies are found to preponderate. Of this kind is the law before us, a law enforced by the necessity of our affairs, and drawn up with no other intention than to secure the publick happiness, and produce that success which every man’s interest must prompt him to desire.
If in the execution of this law, sir, some inconveniencies should arise, they are to be remedied as fast as they are discovered, or if not capable of a remedy, to be patiently borne, in consideration of the general advantage.
That some temporary disturbances may be produced is not improbable; the discontent of the sailors may, for a short time, rise high, and our trade be suspended by their obstinacy; but obstinacy, however determined, must yield to hunger, and when no higher wages can be obtained, they will cheerfully accept of those which are here allowed them. Short voyages, indeed, are not comprehended in the clause, and therefore the sailors will engage in them upon their own terms, but this objection can be of no weight with those that oppose the clause, because, if it is unjust to limit the wages of the sailors, it is just to leave those voyages without restriction; and those that think the expedient here proposed equitable and rational, may, perhaps, be willing to make some concessions to those who are of a different opinion.
That the bill will not remove every obstacle to success, nor add weight to one part of the balance without making the other lighter; that it will not supply the navy without incommoding the merchants in some degree; that it may be sometimes evaded by cunning, and sometimes abused by malice; and that at last it will be less efficacious than is desired, may, perhaps, be proved; but it has not yet been proved that any other measures are more eligible, or that we are not to promote the publick service as far as we are able, though our endeavours may not produce effects equal to our wishes.
Sir John BARNARD then spoke, to this effect: — Sir, I know not by what fatality it is that nothing can be urged in defence of the clause before us which does not tend to discover its weakness and inefficacy. The warmest patrons of this expedient are impelled, by the mere force of conviction, to such concessions as invalidate all their arguments, and leave their opponents no necessity of replying.
If short voyages are not comprehended in this provision, what are we now controverting? What but the expedience of a law that will never be executed? The sailors, however they are contemned by those who think them only worthy to be treated like beasts of burden, are not yet so stupid but that they can easily find out, that to serve a fortnight for greater wages is more eligible than to toil a month for less; and as the numerous equipments that have been lately made have not left many more sailors in the service of the merchants than may be employed in the coasting trade, those who traffick to remoter parts, must shut up their books and wait till the expiration of this act, for an opportunity of renewing their commerce.
To regulate the wages for one voyage, and to leave another without limitation, in time of scarcity of seamen, is absolutely to prohibit that trade which is so restrained, and is, doubtless, a more effectual embargo than has been yet invented.
Let any man but suppose that the East India company were obliged to give only half the wages that other traders allow, and consider how that part of our commerce could be carried on; would not their goods rot in their warehouses, and their ships lie for ever in the harbour? Would not the sailors refuse to contract with them? or desert them after a contract, upon the first prospect of more advantageous employment?
But it is not requisite to multiply arguments in a question which may not only be decided without long examination, but in which we may determine our conclusions by the experience of our ancestors. Scarcely any right or wrong measures are without a precedent, and, amongst others, this expedient has been tried by the wisdom of former times; a law was once made for limiting the wages of tailors, and that it is totally ineffectual we are all convinced. Experience is a very safe guide in political inquiries, and often discovers what the most enlightened reason failed to foresee.
Let us, therefore, improve the errours of our ancestors to our own advantage, and whilst we neglect to imitate their virtues, let us, at least, forbear to repeat their follies.
Mr. PERRY spoke to this purpose: — Sir, there is one objection more which my acquaintance with foreign trade impresses too strongly upon my mind to suffer me to conceal it.
It is well known that the condition of a seaman subjects him to the necessity of spending a great part of his life at a distance from his native country, in places where he can neither hear of our designs, nor be instructed in our laws, and, therefore, it is evident that no law ought to affect him before a certain period of time, in which he may reasonably be supposed to have been informed of it. For every man ought to have it in his power to avoid punishment, and to suffer only for negligence or obstinacy.
It is quite unnecessary, sir, to observe to this assembly, that there are now, as at all times, great numbers of sailors in every part of the world, and that they, at least, equally deserve our regard with those who are under the more immediate influence of the government.
These seamen have already contracted for the price of their labour, and the recompense of their hazards, nor can we, in my opinion, without manifest injustice, dissolve a contract founded upon equity, and confirmed by law.
It is, sir, an undisputed principle of government, that no person should be punished without a crime; but is it no punishment to deprive a man of what is due to him by a legal stipulation, the condition of which is, on his part, honestly fulfilled?
Nothing, sir, can be imagined more calamitous than the disappointment to which this law subjects the unhappy men who are now promoting the interest of their country in distant places, amidst dangers and hardships, in unhealthy climates, and barbarous nations, where they comfort themselves, under the fatigues of labour and the miseries of sickness, with the prospect of the sum which they shall gain for the relief of their families, and the respite which their wages will enable them to enjoy; but, upon their return, they find their hopes blasted, and their contracts dissolved by a law made in their absence.
No human being, I think, can coolly and deliberately inflict a hardship like this, and, therefore, I doubt not but those who have, by inadvertency, given room for this objection, will either remove it by an amendment, or what is, in my opinion, more eligible, reject the clause as inexpedient, useless, and unjust.
Sir William YONGE spoke next to this effect: — Sir, this debate has been protracted, not by any difficulties arising from the nature of the questions which have been the subject of it, but by a neglect with which almost all the opponents of the bill may be justly charged, the neglect of distinguishing between measures eligible in themselves, and measures preferable to consequences which are apprehended from particular conjunctures; between laws made only to advance the publick happiness, and expedients of which the benefit is merely occasional, and of which the sole intention is to avert some national calamity, and which are to cease with the necessity that produced them.
Such are the measures, sir, which are now intended; measures, which, in days of ease, security, and prosperity, it would be the highest degree of weakness to propose, but of which I cannot see the absurdity in times of danger and distress. Such laws are the medicines of a state, useless and nauseous in health, but preferable to a lingering disease, or to a miserable death.
Even those measures, sir, which have been mentioned as most grossly absurd, and represented as parallel to the provision made in this clause only to expose it to contempt and ridicule, may, in particular circumstances, be rational and just. To settle the price of corn in the time of a famine, may become the wisest state, and multitudes might, in time of publick misery, by the benefit of temporary laws, be preserved from destruction. Even those masts, to which, with a prosperous gale, the ship owes its usefulness and its speed, are often cut down by the sailors in the fury of a storm.
With regard to the ships which are now in distant places, whither no knowledge of this law can possibly be conveyed, it cannot be denied that their crews ought to be secured from injury by some particular exception; for though it is evident in competitions between publick and private interest, which ought to be preferred, yet we ought to remember that no unnecessary injury is to be done to individuals, even while we are providing for the safety of the nation.
Mr. FAZAKERLY spoke to this effect: — Sir, though I cannot be supposed to have much acquaintance with naval affairs, and, therefore, may not, perhaps, discover the full force of the arguments that have been urged in favour of the clause now under consideration, yet I cannot but think myself under an indispensable obligation to examine it as far as I am able, and to make use of the knowledge which I have acquired, however inferiour to that of others.
The argument, sir, the only real argument, which has been produced in favour of the restraint of wages now proposed, appears to me by no means conclusive; nor can I believe that the meanest and most ignorant seaman would, if it were proposed to him, hesitate a moment for an answer to it. Let me suppose, sir, a merchant urging it as a charge against a seaman, that he raises his demand of wages in time of war, would not the sailor readily reply, that harder labour required larger pay? Would he not ask, why the general practice of mankind is charged as a crime upon him only? Inquire, says he, of the workmen in the docks, have they not double wages for double labour? and is not their lot safe and easy in comparison with mine, who at once encounter danger and support fatigue, carry on war and commerce at the same time, conduct the ship and oppose the enemy, and am equally exposed to captivity and shipwreck?
That this is, in reality, the state of a sailor in time of war, I think, sir, too evident to require proof; nor do I see what reply can be made to the sailor’s artless expostulation.
I know not why the sailors alone should serve their country to their disadvantage, and be expected to encounter danger without the incitement of a reward.
Nor will any part of the hardships of this clause be alleviated by the expedient suggested by an honourable member, who spoke, some time ago, of granting, or allowing, to a sailor, whose contract shall be void, what our courts of law should adjudge him to deserve, a quantum meruit: for, according to the general interpretation of our statutes, it will be determined that he has forfeited his whole claim by illegal contract. To instance, sir, the statute of usury. He that stipulates for higher interest than is allowed, is not able to recover his legal demand, but irrecoverably forfeits the whole.
Thus, sir, an unhappy sailor who shall innocently transgress this law, must lose all the profit of his voyage, and have nothing to relieve him after his fatigues; but when he has by his courage repelled the enemy, and, by his skill, escaped storms and rocks, must suffer yet severer hardships, in being subject to a forfeiture where he expected applause, comfort, and recompense.
The ATTORNEY GENERAL spoke next, to this purport: — Sir, the clause before us cannot, in my opinion, produce any such dreadful consequences as the learned gentleman appears to imagine: however, to remove all difficulties, I have drawn up an amendment, which I shall beg leave to propose, that the contracts which may be affected as the clause now stands, shall be void only as to so much of the wages as shall exceed the sum to which the house shall agree to reduce the seamen’s pay; and, as to the forfeitures, they are not to be levied upon the sailors, but upon the merchants, or trading companies, who employ them, and who are able to pay greater sums without being involved in poverty and distress.
With regard, sir, to the reasons for introducing this clause, they are, in my judgment, valid and equitable. We have found it necessary to fix the rate of money at interest, and the rate of labour in several cases, and if we do not in this case, what will be the consequence? — a second embargo on commerce, and, perhaps, a total stop to all military preparations. Is it reasonable that any man should rate his labour according to the immediate necessities of those that employ him? or that he should raise his own fortune by the publick calamities? If this has hitherto been a practice, it is a practice contrary to the general happiness of society, and ought to prevail no longer.
If the sailor, sir, is exposed to greater dangers in time of war, is not the merchant’s trade carried on, likewise, at greater hazard? Is not the freight, equally with the sailors, threatened at once by the ocean and the enemy? And is not the owner’s fortune equally impaired, whether the ship is dashed upon a rock, or seized by a privateer?
The merchant, therefore, has as much reason for paying less wages in time of war, as the sailor for demanding more, and nothing remains but that the legislative power determine a medium between their different interests, with justice, if possible, at least with impartiality.
Mr. Horace WALPOLE, who had stood up several times, but was prevented by other members, spoke next, to this purport: — Sir, I was unwilling to interrupt the course of this debate while it was carried on with calmness and decency, by men, who do not suffer the ardour of opposition to cloud their reason, or transport them to such expressions as the dignity of this assembly does not admit. I have hitherto deferred to answer the gentleman who declaimed against the bill with such fluency of rhetorick, and such vehemence of gesture; who charged the advocates for the expedients now proposed, with having no regard to any interest but their own, and with making laws only to consume paper, and threatened them with the defection of their adherence, and the loss of their influence, upon this new discovery of their folly and their ignorance.
