The Works of Samuel Johnson, LL.D. Volume 10: Parlimentary Debates IJohnson, Samuel
History
The Works of Samuel Johnson, LL.D. Volume 10: Parlimentary Debates I
Johnson, Samuel
Great Britain. Parliament. House of Commons -- History -- 18th century
It is not denied, sir, that the merchants are betrayed by that regard to
private interest which prevails too frequently over nobler views, to
bribe away from the service of the crown, by large rewards, those
sailors whose assistance is now so necessary to the publick; and,
therefore, it is not to be imagined that they will not employ their
utmost diligence to improve the interval which the bill allows in making
contracts for the ensuing, year, and that the sailors will not eagerly
engage themselves before this law shall preclude their prospects of
advantage.
As, therefore, to make no law, and to make a law that will not be
observed, is in consequence the same; and the time allowed by the
clause, as it now stands, may make the whole provision ineffectual; it
is my opinion, that either it ought to begin to operate to-morrow, or
that we ought to leave the whole affair in its present state.
Then sir Robert WALPOLE spoke as follows:--Sir, nothing has a greater
appearance of injustice, than to punish men by virtue of laws, with
which they were not acquainted; the law, therefore, is always supposed
to be known by those who have offended it, because it is the duty of
every man to know it; and certainly it ought to be the care of the
legislature, that those whom a law will affect, may have a possibility
of knowing it, and that those may not be punished for failing in their
duty, whom nothing but inevitable ignorance has betrayed into offence.
But if the operation of this law should commence to-morrow, what numbers
may break it, and suffer by the breach of it involuntarily, and without
design; and how shall we vindicate ourselves from having been accessory
to the crime which we censure and punish?
Mr. FOX replied:--Sir, I shall not urge in defence of my motion what is
generally known, and has been frequently inculcated in all debates upon
this bill, that private considerations ought always to give way to the
necessities of the publick; for I think it sufficient to observe, that
there is a distinction to be made between punishments and restraints,
and that we never can be too early in the prevention of pernicious
practices, though we may sometimes delay to punish them.
The law will be known to-morrow, to far the greatest number of those who
may be tempted to defeat it; and if there be others that break it
ignorantly, how will they find themselves injured by being only obliged
to pay less than they promised, which is all that I should propose
without longer warning. The debate upon this particular, will be at
length reduced to a question, whether a law for this purpose is just and
expedient? If a law be necessary, it is necessary that it should be
executed; and it can be executed only by commencing to-morrow.
Lord BALTIMORE spoke thus:--Sir, it appears to me of no great importance
how soon the operation of the law commences, or how long it is delayed,
because I see no reason for imagining that it will at any time produce
the effects proposed by it.
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