This clause, my lords, rightly understood, is only a declaration of confidence in his majesty’s officers, an evident confession of their abilities to discern the interest of the publick, and of their zeal for the prosecution of it.
With as little reason, my lords, can it be objected, that the ships are required to be careened three times a-year. The necessity of careening frequently those ships, of which the chief use arises from their celerity, every sailor can declare to your lordships; nor will any man whom his employments or his amusements have made acquainted with navigation, allege that any thing is proposed in the bill, which it would not be detrimental to the publick service to neglect.
It has been objected by the noble lord, that they are directed to be careened oftener, if there be occasion; terms by which a discretionary power is implied, of which yet it does not appear in whose hands it is lodged. Let us consider, my lords, what inconvenience can arise from the clause as it now stands, and what corruption or negligence can be encouraged by it.
The discretionary right of bringing the ship into the ports to be careened oftener than thrice a-year, must be, without controversy, placed in the captain; for none but those that are in the ship can discover the necessity of careening it, or know the inconveniencies that are produced by the adhesion of extraneous substances to its sides and bottom.
I own, my lords, it may be objected, that every captain will, by this clause, be furnished with an excuse for deserting his station at pleasure; that under pretence of uncommon ardour to pursue the enemy, he may waste his time in endless preparations for expedition; that he may loiter in the port to careen his ship; that before it is foul he may bring it back again, and employ the crew in the same operation; and that our merchants may be taken at the mouth of the harbours in which our ships of war lie to be careened.
But, my lords, it is to be remembered, that in the third clause a commissioner is appointed, by whom accounts are regularly to be transmitted to the admiralty, of the arrival and departure of every ship, and by whom the conduct of every captain is to be inspected; and that he may easily detect such truant commanders, as shall careen their ships only for the sake of deserting their stations.
Nor can the merchants suffer by any negligence or corruption of the captains, because it is intended that the place of every ship returning into port shall be supplied by another; and that the same number shall be always in the same station, unless more important service makes them more necessary in another place.
This proviso, my lords, a proviso undoubtedly reasonable, is established in the second clause, but has not had the good fortune to escape the censure of the noble lord, who has inquired, what must be the conduct of the commanders of cruising vessels, if a seafight should happen beyond the cape, which they are in this clause forbidden to pass?