These, my lords, are no doubtful facts, or conjectural calculations, they are confirmed by the most incontestable evidence, and established by all the demonstration of arithmetick; and therefore your lordships are in no danger of errour from either ignorance or uncertainty, but must determine, if you approve this bill, in opposition to all the powers of conviction, and must set aside testimony and reason at the same time.
These facts, my lords, are so plain, that the warmest advocates for the bill have tacitly acknowledged them, by proposing that, if it be found ineffectual, it shall be amended in the next session. What effect this proposal may have upon others, I know not; but for my part, I shall never think it allowable to sport with the prosperity of the publick, or to try experiments by which, if they fail, the lives of thousands must be destroyed.
Such a scheme, my lords, very ill becomes those to whom their ancestors have transmitted the illustrious character of guardians of the people; for surely such cruelty was never practised by the utmost wantonness of tyranny, or the most savage rage of invasion. No man ever before conceived the design of scattering poison for a certain period of time among the people, only to try what havock it would make.
What will be the effects of unrestrained and licensed debauchery may be known, without the guilt of so dreadful an experiment, only by observing the present conduct of the people, even while they are hindered from the full enjoyment of their pleasures, by the terrours of a penal law. Whoever shall be so far touched with the interest of the publick, as to extend his inquiries to the lowest classes of the people, will find some diseased, and others vitiated; he will find some imprisoned by their creditors, and others starving their children; and if he traces all these calamities and crimes to their original cause, will find them all to proceed from the love of distilled liquors.
I know, my lords, that in answer to all these expostulations, and a thousand more, it will be urged by the ministers and their friends, that there is no other method to be found of raising the supplies, and that the demands of the government must be satisfied at whatever rate, and by whatever means.
Though I am very far from approving this assertion, I do not wonder at its prevalence among those who are enriched by every tax, and whose only claim to the preferments which they enjoy arises from their readiness to concur in every scheme for increasing the burdens of the publick; and, therefore, shall never expect their approbation of any proposal, by which a new tax may be retarded. Yet I cannot but declare that, in my opinion, we ought to suspend our proceedings, that the commons may discover what danger their negligence, precipitation, or blind compliance, has brought upon the nation; and that the people may, by so signal a proof of our disapprobation, be alarmed against any attempt of the same kind under any future administration.
This, my lords, will be considered, not only by posterity, but by all the wise and honest men of the present time, as a proof of our regard for virtue, and our attention to the publick welfare. This conduct will be secretly approved, even by those who may think themselves obliged to oppose it in publick; and, as it will be moderate and decent, may probably preserve the nation without irritating the other house.
I therefore move, my lords, that instead of proceeding in the superfluous forms of a committee, we should resume the house, and endeavour to obtain farther information.
After a short silence, lord CHOLMONDELEY spoke to this effect: — My lords, the observations which, though sufficiently explained and enforced in the late debate, the noble lord has been pleased to repeat on this occasion, are in themselves, indeed, sufficiently pertinent, and have been urged by his lordship with uncommon spirit and elegance; but he ought to have reflected, that general declamations are improper in a committee, where the particular clauses of the bill are to be separately considered.
I propose, therefore, that instead of wasting that time, of which the exigencies of the publick now require an uncommon frugality, in useless rhetorick, and untimely vehemence, we should proceed to examine in order the distinct paragraphs of this bill, by which it may more easily appear, whether it ought to be rejected or approved.
It cannot, indeed, be proposed, that any of the clauses shall be amended in this committee; for the claims of the commons, and the obstinacy with which they have always adhered to them, on whatever they are founded, is well known. I am old enough to remember the animosities which have arisen between the two houses, from attempts to adjust this part of their pretensions; animosities which at this time may be not only dangerous to ourselves, but fatal to a great part of mankind, and which it ought, therefore, to be our utmost care not to excite.
Lord AYLESFORD: — My lords, though the consideration of the distinct paragraphs of the bill be, as the noble lord has very justly observed, the proper business of the committee; yet since, as he has likewise observed, the present state of our affairs requires unusual expedition, I think we may very properly spare ourselves the trouble of considering paragraphs which we cannot amend; and which are in themselves so clear and so obvious, that they may be understood in their full extent upon a cursory perusal.
But, my lords, though I think it not proper to follow our usual method of considering the paragraphs distinctly, which can only drive the bill forward towards the third reading, as it has already been forced into the committee; yet I think it not necessary to irritate the other house, alarm our allies, or encourage our enemies, by rejecting that bill by which it is intended that the supplies shall be raised. There is an easy and moderate method, by which the same end may be attained without any disturbance of the publick, any impediment of the schemes of the government, or any just offence to the commons.
Instead of passing or rejecting this bill, of which the first is absolutely criminal, and the second perhaps improper, let us only delay it, by which we shall give the commons time to reflect upon it, to reexamine it, and discover, what they, perhaps, have not hitherto suspected, its destructive tendency. Nor can it be doubted, but the observations which will arise from the necessity of inquiring into the reasons of our conduct, will soon induce them to form another bill, not liable to the same objections; I, therefore, second the noble lord’s motion to resume the house.
Lord ISLAY: — My lords, if we consider the pretensions of the commons, and the stubbornness with which they have hitherto adhered to them, we shall easily find the impropriety of the noble lord’s motion, and foresee the inefficacy of the methods which he so warmly recommends.
The alarm which he supposes us to give the commons by postponing the bill before us, the observations which they will make upon our conduct, the new informations which they will receive, and the new bill which they will send, are merely imaginary. They will not consider themselves as concerned in the delay or expedition of our procedure, but will suppose us to act upon our own reasons, which it is not necessary for them to examine, and will by no means send another bill for supplies, till they are informed that this is rejected.
Thus, my lords, we shall only retard the supplies, without altering, or being able to alter, the method of raising them; and at last pass that bill, without examination, which we now neglect to examine, lest we should pass it; or, perhaps, irritate the commons by the novelty of our conduct, which, if they should resolve to consider it, they will probably consider only to censure.
Lord AYLESPORD: — My lords, I am no stranger to the claims of the commons to the sole and independent right of forming money bills, nor to the heat with which that claim has been asserted, or the firmness with which it has always been maintained in late senates. Nor am I ignorant, that by contesting this claim, we have sometimes excited disputes, which nothing but a prorogation of the senate could appease.
I know, my lords, and allow, that by acting in any unusual manner with regard to bills of this kind, we may excite the resentment of the commons, and that some interruption of the publick business may, for want of candour and moderation, possibly ensue.
But, my lords, I cannot think the possibility of an ill conseque
nce an argument sufficient to show the unreasonableness of my proposal; for the inconveniencies that may arise from postponing the bill, are only possible, but the calamities that we shall bring upon our country by passing it are certain.
But we are likewise to consider, my lords, that these events, of which it can only be said that they may happen, may also not happen. When I reflect that the house of commons is an assembly of reasonable beings, that it is filled by the representatives of the British people, by men who will share the calamities of the publick, and whose interest it is, equally with ours, to prevent the destruction of our commerce, the decay of our manufactures, the corruption of the present age, and the ruin of posterity, I cannot but hope that they will apply themselves to a candid review of the bill which they have sent, and without heat, jealousy, or disputes, explain it as they may do by another, which will be no deviation from the rules which they have established for themselves, and by which they may secure the happiness of their country without receding from their own pretensions.
The duke of BEDFORD: — My lords, the proposal made by the noble lord appears to me so prudent and equitable, so moderate and so seasonable, and, in my opinion, suggests so easy a method of reconciling the pretensions of the commons with the necessity of amending the bill, that I cannot but think it worthy of the unanimous approbation of your lordships.
I am very far from conceiving the commons to be an assembly of men deaf to reason, or imagining them so void of all regard for the happiness of the publick, as that they will sacrifice it to an obstinate adherence to claims which they cannot but know to be in themselves disputable, and of which they must at least allow that they are only so far just as they contribute to the great end of government, the general good.
But lest they should, by any perverse and unseasonable obstinacy, attend more to the preservation of their own power than to the promotion of the happiness of their constituents, a method is now proposed, by which the errours of this bill may be corrected, without any concession of either house. The commons may easily be informed of the dangers which are justly dreaded from this bill; and may, therefore, prepare another, by which a tax of the same kind may be laid, without a general license of drunkenness; or if a method of laying a duty upon these liquors, which may at once hinder their excessive use, and increase the revenue of the government, cannot be discovered, they may raise the supplies for the year by some other scheme.
Lord CARTERET: — My lords, as the expedient proposed by these noble lords, however it may be recommended, as being at once moderate and efficacious, has, in reality, no other tendency than to procure an absolute rejection of this bill, it is proper to consider the consequences which may be reasonably expected from the measures which they have hitherto proposed.
In order to the effectual restraint of the common people from the use of these pernicious liquors, they assert the necessity of imposing a very large duty to be paid by the distiller, which might, indeed, produce, in some degree, the effect which they expect from it, but would produce it by giving rise to innumerable frauds and inconveniencies.
The immediate consequence of a heavy duty would be the ruin of our distillery, which is now a very extensive and profitable trade, in which great multitudes are employed, who must instantly, upon the cessation of it, sink into poverty. Our stills, my lords, not only supply our natives with liquors, which they used formerly to purchase from foreign countries, and therefore increase, or at least preserve the wealth of our country; but they likewise furnish large quantities for exportation to Guernsey, Jersey, and other places. But no sooner will the duty proposed to be laid upon this liquor take place, than all this trade will be at an end, and those who now follow it will be reduced to support themselves by other employments; and those countries in which our spirits are now drank will be soon supplied from other nations with liquors at once cheaper and more pleasant.
It may be proposed, as an expedient for the preservation of our foreign trade, that the duty shall be repaid upon exportation; but the event of this provision, my lords, will be, that great quantities will be sent to sea for the sake of obtaining a repayment of the duty, which, instead of being sold to foreigners, will be privately landed again upon our own coasts.
Thus, my lords, will the duty be collected, and afterwards repaid; and the government will suffer the odium of imposing a severe tax, and incur the expense of employing a great number of officers, without any advantage to the publick. Spirits will, in many parts of the kingdom, be very little dearer than at present, and drunkenness and debauchery will still prevail.
That these arts, and a thousand others, will be practised by the people to obtain this infatuating liquor, cannot be doubted. It cannot be imagined that they will forbear frauds, who have had recourse to violence, or that those will not endeavour to elude the government, who have already defied it.
Every rigorous law will be either secretly evaded, or openly violated; every severe restraint will be shaken off, either by artifice or vice; nor can this vice, however dangerous or prevalent, be corrected but by slow degrees, by straitening the reins of government imperceptibly, and by superadding a second slight restraint, after the nation has been for some time habituated to the first.
That the government proceeds by these easy and gentle methods of reformation, ought not to be imputed to negligence, but necessity; for so far has the government been from any connivance at this vice, that an armed force was necessary to support the laws which were made to restrain it, and secure the chief persons of the state from the insults of the populace, whom they had only provoked by denying them this pernicious liquor.
Since, therefore, my lords, all opposition to this predominant inclination has appeared without effect, since the government evidently wants power to conquer the united and incessant struggles for the liberty of drunkenness, what remains but that this vice should produce some advantage to the publick, in return for the innumerable evils which arise from it, and that the government should snatch the first opportunity of taxing that vice which cannot be reformed?
This duty arises, indeed, from a concurrence of different causes, of just designs in the government, and of bad inclinations in the people. The tax is just, and well meant; but it can be made sufficient to support the expenses to which it is appropriated, only by the resolution of the populace to continue, in some degree, their usual luxury.
I am far, my lords, from thinking this method of raising money eligible for its own sake, or justifiable by any other plea than that of necessity. If it were possible at once to extinguish the thirst of spirits, no man who had any regard for virtue, or for happiness, would propose to augment the revenue by a tax upon them.
But, my lords, rigour has been already tried, and found to be vain; it has been found equally fruitless to forbid the people to use spirits, as to forbid a man in a dropsy to drink. The force of appetite long indulged, and by indulgence made superiour to the control of reason, is not to be overcome at once; it cannot be subdued by a single effort, but may be weakened; new habits of a more innocent kind may in time be superinduced, and one desire may counterbalance another.
We must endeavour, my lords, by just degrees, to withdraw their affections from this pernicious enjoyment, by making the attainment of it every year somewhat more difficult: but we must not quicken their wishes, and exasperate their resentment, by depriving them at once of their whole felicity. By this method, my lords, I doubt not but we shall obtain what we have hitherto endeavoured with so little success; and I believe that though, in open defiance of a severe law, spirits are now sold in every street of this city, a gentle restraint will, in a short time, divert the minds of the people to other entertainments, and the vice of drinking spirits will be forgotten among us.
Lord HERVEY then rose up again, and spoke to the effect following: — My lords, though I have always considered this bill as at once wicked and absurd, I imagined till now that the projectors of it would have been able to have argued, at least, speciously, though not s
olidly, in defence of it; nor did I imagine it to have been wholly indefensible, till I discovered how little the extensive knowledge, the long experience, and the penetrating foresight of the noble lord who spoke last, enabled him to produce in vindication of it.
His lordship’s argument is reducible to this single assertion, that the drinking distilled liquors cannot be prevented; and from thence he drew this inference, that since it is a point of wisdom to turn misfortunes to advantage, we ought to contrive methods by which the debauchery of the people may enrich the government.
Though we should suppose the assertion true in any sense below that of absolute physical impossibility, the inference is by no means just; since it is the duty of governours to struggle against vice, and promote virtue with incessant assiduity, notwithstanding the difficulties that may for a time hinder the wisest and most rigorous measures from success. That governour who desists from his endeavours of reformation, because they have been once baffled, in reality abandons his station and deserts his charge, nor deserves any other character than that of laziness, negligence, or cowardice.
The preservation of virtue where it subsists, and the recovery of it where it is lost, are the only valuable purposes of government. Laws which do not promote these ends are useless, and those that obviate them are pernicious. The government that takes advantage of wicked inclinations, by accident predominant in the people, and, for any temporary convenience, instead of leading them back to virtue, plunges them deeper into vice, is no longer a sacred institution, because it is no longer a benefit to society. It is from that time a system of wickedness, in which bad ends are promoted by bad means, and one crime operates in subordination to another.
Complete Works of Samuel Johnson Page 303