They are of opinion, sir, that cruel and oppressive measures can never be justified, till all others have been tried without effect; they think that the law, when it was formerly passed, was unjust, and are convinced, by observing that it never was revived, and that it was by experience discovered to be useless.
Necessity, absolute necessity, is a formidable sound, and may terrify the weak and timorous into silence and compliance; but it will be found, upon reflection, to be often nothing but an idle feint, to amuse and to delude us, and that what is represented as necessary to the publick, is only something convenient to men in power.
Necessity, sir, has, heretofore, been produced as a plea for that which could be no otherwise defended. In the days of Charles the first, ship-money was declared to be legal, because it was necessary. Such was the reasoning of the lawyers, and the determination of the judges; but the senate, a senate of patriots! without fear, and without corruption, and influenced only by a sincere regard for the publick, were of a different opinion, and neither admitted the lawfulness nor necessity.
It will become us, on this occasion, to act with equal vigour, and convince our countrymen, that we proceed upon the same principles, and that the liberties of the people are our chief care.
I hope we shall unite in defeating any attempts that may impair the rights which every Briton boasts as his birthright, and reject a law which will be equally dreaded and detested with the inquisition of Spain.
Sir William YONGE spoke next, to this effect:—Sir, though many particular clauses of this bill have been disapproved and opposed, some with more, and some with less reason, yet the committee has hitherto agreed that a bill for this purpose is necessary in the present state of our affairs; upon this principle we have proceeded thus far, several gentlemen have proposed their opinions, contributed their observations, and laboured as in an affair universally admitted to be of high importance to the general prosperity.
But now, sir, when some of the difficulties are surmounted, some expedients luckily struck out, some objections removed, and the great design brought nearer to execution, we are on a sudden informed, that all our labour is superfluous, that we are amusing ourselves with useless consultations, providing against calamities that can never happen, and raising bulwarks without an enemy; that, therefore, the question before us is of no importance, and the bill ought, without farther examination, to be totally rejected.
I suppose, sir, I shall be readily believed, when I declare that I shall willingly admit any arguments that may evince our safety; but, in proportion as real freedom from danger is to be desired, a supine and indolent neglect of it is to be dreaded and avoided; and I cannot but fear that our enemies are more formidable, and more malicious, than the gentlemen that oppose this bill have represented them.