Complete works of samuel.., p.240
Complete Works of Samuel Johnson, page 240
The power of raising money at pleasure, has been hitherto denied to our kings, and surely we ought not to place that confidence in the lowest, that has been refused to the most exalted of mankind, or invest our soldiers with power, which neither the most warlike of our monarchs could constrain us, nor the most popular allure us to grant.
The power now proposed to be granted, is nothing less than the power of levying money, or what is exactly equivalent, the power of raising the money in their own hands, to any imaginary value. A soldier may, if this motion be complied with, demand for a penny, what another man must purchase at forty times that price. While this is the state of our property, it is surely not very necessary to raise armies for the defence of it; for why should we preserve it from one enemy only to throw it into the hands of another, equally rapacious, equally merciless, and only distinguished from foreign invaders by this circumstance, that he received from our own hands the authority by which he plunders us.
Having thus evinced the necessity of determining the soldier’s privileges, and the innkeeper’s rights, I think it necessary to recommend to this assembly an uncommon degree of attention to the regulation of our military establishment, which is become not only more burdensome to our fellow-subjects by the present famine, but by the increase of our forces; an increase which the nation will not behold without impatience, unless they be enabled to discern for what end they have been raised.
The people of this nation are, for very just reasons, displeased, even with the appearance of a standing army, and surely it is not prudent to exasperate them, by augmenting the troops in a year of famine, and giving them, at the same time, new powers of extortion and oppression.
Mr. WINNINGTON spoke to this purpose: — Sir, I have heard nothing in this debate, but doubts and objections, which afford no real information, nor tend to the alleviation of those grievances, which are so loudly lamented.
It is not sufficient to point out inconveniencies, or to give striking representations of the hardships to which the people are exposed; for unless some better expedient can be proposed, or some method discovered by which we may receive the benefits, without suffering the disadvantages of the present practice, how does it appear that these hardships, however severe, are not inseparable from our present condition, and such as can only be removed by exposing ourselves to more formidable evils?
As no remedy, sir, has been proposed by those who appear dissatisfied with the present custom, it is reasonable to imagine that none will be easily discovered; and, therefore, I cannot but think it reasonable that the motion should be complied with. By it no new imposition is intended, nor any thing more than the establishment of a practice which has continued for more than fifty years, and never, except on two occasions, been denied to be legal. It is only proposed that the senate should confirm that interpretation of the act which has been almost universally received; that they should do what can produce no disturbance, because it will make no alterations; but may prevent them, because it may prevent any attempts of innovation, or diversity of opinions.
Sir John BARNARD spoke next, to the following effect: — Sir, whether the interpretation of the act which is now contended for, has been universally admitted, it is impossible to know; but it is at least certain, that the practice which is founded upon it, has in many places never been followed, nor, indeed, can it be made general without great impropriety.
Many of those, sir, who are styled keepers of publick-houses, and on whom soldiers are quartered under that denomination, have no conveniency of furnishing provisions, because they never sell them; such are many of the keepers of livery stables, among whom it is the common method to pay soldiers a small weekly allowance, instead of lodging them in their houses, a lodging being all which they conceive themselves obliged to provide, and all that the soldiers have hitherto required; nor can we make any alteration in this method without introducing the license and insolence of soldiers into private houses; into houses hitherto unacquainted with any degree of riot, incivility, or uproar.
The reason for which publick-houses are assigned for the quarters of soldiers, is partly the greater conveniency of accommodating them in families that subsist, by the entertainment of strangers, and partly the nature of their profession, which, by exposing them to frequent encounters with the rude and the debauched, enables them either to bear or repress the insolence of a soldier.
But with regard, sir, to the persons whom I have mentioned, neither of these reasons have any place; they have not, from their daily employment, any opportunities of furnishing soldiery with beds or victuals, nor, by their manner of life, are adapted to support intrusion or struggle with perverseness. Nor can I discover why any man should force soldiers into their houses, who would not willingly admit them into his own.
Mr. COCKS spoke to this effect: — Sir, the practice mentioned by the honourable gentleman, I know to be generally followed by all those that keep alehouses in the suburbs of this metropolis, who pay the soldiers billeted on them a composition for their lodging, nor ever see them but when they come to receive it; so far are they from imagining that they can claim their whole subsistence at any stated price.
It is apparent, therefore, that by admitting this motion, we should not confirm a law already received, but establish a new regulation unknown to the people; that we should lay a tax upon the nation, and send our soldiers to collect it.
General WADE rose, and spoke to this purpose: — Sir, I have been long conversant with military affairs; and, therefore, may perhaps be able to give a more exact account, from my own knowledge, of the antiquity and extent of this practice, than other gentlemen have had, from their way of life; an opportunity of obtaining.
It was, sir, in the reign of king William, the constant method by which the army was supported, as may be easily imagined by those who reflect, that it was common for the soldiers to remain for eight or ten months unpaid, and that they had, therefore, no possibility of providing for themselves the necessaries of life. Their pay never was received in those times by themselves, but issued in exchequer bills for large sums, which the innkeepers procured to be exchanged and divided among themselves, in proportion to their debts.
Such was the practice, sir, in that reign, which has been generally followed to this time, and the rates then fixed have not since been changed; and as no inconveniency has arisen from this method, I can discover no reason against confirming and continuing it.
Mr. PULTKNEY spoke next, in the manner following: — Sir, those that have spoken in defence of the motion, have accused their opponents, with great confidence, of declaiming without arguments, and of wasting the time of the session in a useless repetition of objections. I do not, indeed, wonder that the objections which have been raised should have given some disgust, for who can be pleased with hearing his opponent produce arguments which he cannot answer? But surely the repetitions may be excused; for an objection is to be urged in every debate till it is answered, or is discovered to be unanswerable.
But what, sir, have those urged in defence of their own opinions, who so freely animadvert upon the reasonings of others? What proofs, sir, have they given of the superiority of their own abilities, of the depth of their researches, or the acuteness of their penetration?
They have not produced one argument in favour of their motion, but that it is founded on custom; they have not discovered, however wise and sagacious, that it is always necessary to inquire whether a custom be good or bad; for surely without such inquiry no custom ought to be confirmed. The motion which they would support, is, indeed, useless in either case, for a good custom will continue of itself, and one that is bad ought not to be continued. It is the business of the legislature to reform abuses, and eradicate corruptions, not to give them new strength by the sanction of a law.
It has been urged, sir, that the law in reality exists already in that the act has been interpreted in this sense by the attorney general; and that his interpretation is generally received. This is then the state of the question: if the practice, founded upon this sense of the act, generally prevails, there is no need of a new clause to enforce what is already complied with; if it does not prevail, all that has been urged in defence of the motion falls to the ground.
I do not doubt, sir, that this custom has been received without many exceptions, and therefore think it ought still to remain a custom, rather than be changed into a law; because it will be complied with as a custom, where there are no obstacles to the observation of it; and it ought not to be enforced by law, where it is inconvenient and oppressive.
While the soldier, sir, is moderate in his demands, and peaceable and modest in his behaviour, the innkeeper will cheerfully furnish him even more than he can afford at the stated price; and certainly, rudeness, insolence, and unreasonable expectations, may justly be punished by the forfeiture of some conveniencies. Thus, sir, the innkeeper will preserve some degree of authority in his own house, a place where the laws of nature give every man dominion, and the soldier will continue a regular and inoffensive member of civil society.
The absurdity of leaving the soldier at large in his demands, and limiting the price which the innkeeper is to require, has been already exposed beyond the possibility of reply; nor, indeed, has the least attempt been made to invalidate this objection; for it has been passed in silence by those who have most zealously espoused the motion. The account given by the honourable gentleman of the reason for which this regulation was first introduced in the reign of king William, is undoubtedly just; but it proves, sir, that there is no necessity of continuing it; for the soldiers are now constantly paid, and therefore need not that assistance from the innkeeper, which was absolutely requisite when they were sometimes six months without money.
It has been urged, sir, with great importunity and vehemence, that some expedient should be proposed in the place of this, which so many gentlemen who have spoken on this occasion seem inclined to reject, and which, indeed, cannot be mentioned without contempt or abhorrence. That the soldiers should know, as well as their landlord, their own rights, is undoubtedly just, as well as that they should have some certain means of procuring the necessaries of life; it may, therefore, be proper to enact, that the innkeeper shall either furnish them with diet at the established rates, or permit them to dress the victuals which they shall buy for themselves, with his fire and utensils, and allow them candles, salt, vinegar, and pepper. By this method the soldiers can never be much injured by the incivility of their landlord, nor can the innkeeper be subjected to arbitrary demands. The soldier will still gain, by decency and humanity, greater conveniencies than he can procure for himself by his pay alone, and all opportunities of oppression on either side will, in a great measure, be taken away.
I cannot but express my hopes that this method will be generally approved. Those that have opposed the establishment of an army will be pleased to see it made less grievous to the people; and those that have declared in its favour, ought surely to adopt, without opposition, any measures, by the pursuit of which it may be borne with fewer complaints, and less reluctance.
[The consideration of this question was deferred, and the chairman having moved for leave to sit again, it was resolved to proceed on this business upon the next day but one, in a committee of the whole house.]
HOUSE OF COMMONS, MARCH 15, 1740-1.
The order of the day being read for the house to resolve itself into a committee of the whole house, to consider the bill for punishing mutiny and desertion, and the better paying the army and their quarters,
Sir William YONGE spoke, in substance as follows: — Sir, the last day which was assigned to the consideration of this bill, was spent in long altercations, in vague and unnecessary disquisitions, in retrospective reflections upon events long past, and in aggravating of grievances that may never happen; much sagacity was exerted, and much eloquence displayed, but no determination was attained, nor even that expedient examined, by which those objections might be removed which appeared so important, or those dangers obviated which were represented so formidable and so near.
I hope, sir, part of the time which has intervened between that debate and the present day, has been employed by the gentlemen, whose scruples were so numerous, and whose caution is so vigilant, in contriving some methods of maintaining the army without oppressing the victuallers, and of providing for our defence against foreign enemies without subjecting us to the evils of discontent and disaffection, which they impute to the present state of the military establishment.
To object for ever, and to advance nothing, is an easy method of disputation upon any question, but contributes very little to the increase of knowledge: an artful and acute objector may confound, and darken, and disturb, but never assists inquiry, or illustrates truth.
In political questions, sir, it is still more easy and less ingenuous; for all political measures are in some degree right and wrong at the same time: to benefit some they very frequently bear hard upon others, and are, therefore, only to be approved or rejected as advantages appear to overbalance the inconveniencies, or the inconveniencies to outweigh the advantages.
It is, sir, the proper province of a senator to promote, not to obstruct the publick counsels; and when he declares his disapprobation of any expedient, to endeavour to substitute a better: for how can he be said to sustain his part of the general burden of publick affairs, who lays others under the necessity of forming every plan, and inventing every expedient, and contents himself with only censuring what he never endeavours to amend?
That every man, who is called forth by his country to sit here as the guardian of the publick happiness, is obliged, by the nature of his office, to propose, in this assembly, whatever his penetration or experience may suggest to him as advantageous to the nation, I doubt not but all that hear me are sufficiently convinced; and, therefore, cannot but suppose that they have so far attended to their duty, as to be able to inform us how the present inconveniencies of this bill may be remedied, and its defects supplied.
To show, sir, at least my inclination to expedite an affair so important, I shall lay before the house an amendment that I have made to the clause, pursuant to a hint offered the last day by an honourable member, “That all innholders, victuallers, etc. shall be obliged to furnish soldiers with salt, vinegar, small beer, candles, fire, and utensils to dress their victuals, and so doing shall not be obliged to supply the troops with provisions, except on a march.”
I am far, sir, from thinking the clause, as it will stand after this amendment, complete and unexceptionable, being conscious that some articles in it may require explanation. The quantity of small beer to be allowed to each soldier must necessarily be ascertained, in order to prevent endless and indeterminable disputes; for one man, sir, may demand a greater quantity than another, and a man may be prompted by malice or wantonness to demand more than health requires; it will, therefore, be proper to limit the quantity which must be furnished, that neither the soldier may suffer by the avarice of his landlord, nor the landlord be oppressed by the gluttony of the soldier.
With regard to this question, sir, I expect to find different opinions in this assembly, which every man is at liberty to offer and to vindicate; and I shall take this opportunity of proposing on my part, that every man may have a daily allowance of three quarts. One quart to each meal may be allowed in my opinion to be sufficient, and sure no gentleman can imagine that by this limitation much superfluity is indulged.
There are some parts, sir, of this kingdom, in which cider is more plentiful, and cheaper than small beer; consequently, it may be for the ease of the victualler to have the choice allowed him of furnishing one or the other; it will, therefore, be a very proper addition to this clause, that the innkeepers shall allow the soldier, every day, three quarts of either small beer or cider.
That penal sanctions, sir, are essential to laws, and that no man will submit to any regulations inconvenient to himself, but that he may avoid some heavier evil, requires not to be proved; and, therefore, to complete this clause, I propose that the victualler who shall neglect or refuse to observe it, shall be subject to some fine for his non-compliance.
Mr. PELHAM spoke to this effect: — Sir, I cannot omit this opportunity of observing how much the burden of the army is diminished by the judicious regulations invariably observed in the late reigns, and how little the assignment of troops is to be dreaded by the victualler.
In the reign of king William, sir, before funds were established, while the credit of the government was low, the measures of the court were often obviated or defeated by the superiority of the discontented party, and the supplies denied which were necessary to support them, and in expectation of which they had been undertaken, it was not uncommon for the towns in which the troops were stationed, to murmur at their guests; nor could they be charged with complaining without just reasons: for to quarter soldiers upon a house, was in those days little less than to send troops to live at discretion.
As all supplies, sir, were then occasional and temporary, and nothing was granted but for the present exigence, the prevalence of the opposition, for a single session, embarrassed all the measures of the court in the highest degree; their designs were at a stand, the forces were unpaid, and they were obliged to wait till another session for an opportunity of prosecuting their schemes.
Thus, sir, the soldiers were sometimes five months without their pay, and were necessarily supported by the innkeeper at his own expense, with how much reluctance and discontent I need not mention. It cannot but be immediately considered, upon hearing this account of the soldier’s condition, with how many reproaches he would receive his victuals, how roughly he would be treated, how often he would be insulted as an idler, and frowned upon as an intruder. Nor can it be imagined that such affronts, however they might be provoked, would be borne without return, by those who knew themselves not the authors of the provocation, and who thought themselves equal suf-ferers with those who complained. When the innkeeper growled at the soldier, the soldier, it may be supposed, seldom failed to threaten or to plunder the innkeeper, and to rise in his demands as his allowance was retrenched.
