Mr. DIGBY spoke thus:—Sir, if this authority, lodged in the hands of those who are proposed in the clause to be intrusted with it, be in danger of being executed, without due regard to the end for which it is granted, let it be placed where there is neither temptation nor opportunity to abuse it. Let the admiralty alone have the power of granting such certificates, the officers of which will be able to judge whether the sailor is really unfit for the service, and deliver those whom age or accidents have disabled from the terrour of impresses; for surely, he that is fit to serve, when taken by violence, is no less qualified when he enters voluntarily, and he who could not be admitted when he tendered himself, ought not to be dragged away, when, perhaps, he has contracted for another voyage.
Mr. WAGER replied:—Sir, it is, doubtless, more proper to place such authority in the officers of the admiralty, than in any other; but it does not appear that the benefit which the sailors may receive from it, to whatever hands it is intrusted, will not be overbalanced by the injury which the publick will probably suffer.
Sailors are frequently levied in remote parts of the kingdom; in ports where the admiralty cannot speedily be informed of the reasons for which those that may petition for certificates have been refused, and therefore cannot grant them without danger of being deceived by fraudulent accounts.
The grievance for which the remedy is proposed cannot frequently occur; for it is not probable that in a time of naval preparations, any man qualified for the service should be rejected, since the officers gain nothing by their refusal.
Mr. HAY spoke as follows:—Sir, it is very possible that those instances which may be produced of men, who have been impressed by one officer, after they have been rejected by another, may be only the consequences of the high value which every man is ready to set upon his own abilities: for he that offers himself, no doubt, demands the highest premium, though he be not an able sailor; and, if rejected, and afterwards impressed as a novice, thinks himself at liberty to complain, with the most importunate vehemence, of fraud, partiality, and oppression.
[The question being put was resolved in the negative, almost unanimously.]
Mr. SOUTHWELL offered a clause, importing, “That all sailors who should take advance-money of the merchants, should be obliged to perform their agreements, or be liable to be taken up by any magistrate or justice of the peace, and deemed deserters, except they were in his majesty’s ships of war.”
He was seconded by lord GAGE:—Sir, as this clause has no other tendency than to promote the interest of the merchants, without obstructing the publick preparations; as it tends only to confirm legal contracts, and facilitate that commerce from whence the wealth and power of this nation arises, I hope it will readily be admitted; as we may, by adding this sanction to the contracts made between the merchants and sailors, in some degree balance the obstructions wherewith we have embarrassed trade by the other clauses.