Kitabı oku: «The Works of Samuel Johnson, LL.D. Volume 11», sayfa 11

HOUSE OF LORDS, MAY 20, 1742

ON THE SECURITY AND PROTECTION OF TRADE AND NAVIGATION

The same day that the lords read a first time the indemnification bill, they read also, for the first time, a bill sent from the commons, entitled, An Act for the better protecting and securing the trade and navigation of this kingdom in time of war. As this bill had a remarkable rise, passed the commons without a division, and the end proposed by it was so commendable, it may be proper to give some account of it before we proceed to the debate thereon in the house of lords.

It may be remembered, that we have mentioned great cause of complaint on account of the losses sustained by the British merchants from the enemy's privateers, who were not sufficiently checked. The merchants and traders of London, Bristol, and other cities, having applied to the administration in vain, presented petitions to both houses, setting forth, among other things, "that notwithstanding the growing insolence of the Spanish privateers, the applications of the suffering merchants for protection and redress, had been neglected; that numbers of his majesty's most useful subjects have been reduced to want and imprisonment, or, compelled by inhuman treatment, and despairing of a cartel for the exchange of prisoners, had enlisted in the service of Spain; that there had been various neglects and delays in the appointment of convoys, and some of the commanders of the few that had been granted, deserted the ships under their care at sea, and left them as a prey to the enemy," etc.

One petition farther says, "That the want of ships of force properly stationed, encouraged the enemy to increase the number of their privateers."

Another, "That most of the captures were almost on our coast, in the Channel and soundings, at a time when the naval force of Britain was greater than ever was known, a few ships of which might have ruined the enemy's privateers."

One set of the petitioners apprehend, "that most of the captures might have been prevented, had a few ships been properly stationed on this side cape Finisterre, and the commanders kept to the strictest duty."

Other petitioners "are not a little alarmed, not only at the increase and number of the Spanish privateers lately equipped, but at the unexpected great strength the enemy have lately shown in the Mediterranean, by which their trade must become more precarious than ever."

The last petition delivered in was from the mayor, aldermen, and commons of the city of London, setting forth, "that they had seen a powerful and well-provided fleet remain inactive in our own ports, or more ingloriously putting to sea, without the appearance of any enterprise in view; while our trading vessels were daily exposed to the privateers of an inconsiderable port, and a feeble enemy holds our naval power in derision, to the ruin of trade, the enriching the enemy, and the disgrace of the British name."

Their general request is, "that they may have regular convoys, and that the commanders be ordered not to desert their charge when in danger, that cruisers be properly stationed, subject to such inspection as shall best answer the end designed."

They all concluded with praying, "that the house would make such provision for the future security of the navigation and commerce of these kingdoms as they shall think fit."

The petitions were severally referred to the consideration of a committee of the whole house, and the following orders made for necessary papers to be laid before the house.

1. An account of his majesty's ships of war which have been employed since the beginning of last year, as cruisers for the protection of the trade of this kingdom on this side cape Finisterre, the stations of such ships, and how long ordered to continue thereupon, with the times of their going to sea, and their returning into port; when such ships were cleared, and which of them tallowed, and when respectively.

2. The journals of the commanders of such of his majesty's ships of war as have been employed since the commencement of the present war, as cruisers for the protection of trade on this side cape Finisterre.

3. An account of the ships of war built in any of his majesty's yards, which have been launched since July, 1739, the times when launched, when first put to sea, and on what services employed.

4. An account of the ships of war built in private yards for his majesty's service, in the said time; distinguishing the times when contracted for, when launched, when first put to sea, and on what services employed.

5. An account of the ships and vessels purchased for his majesty's service since the said time, distinguishing when purchased, when first put to sea, and what services employed in.

6. An account of the ships of war appointed as convoys to the trade of this kingdom to foreign parts, since the commencement of the present war, distinguishing the ships appointed, and the particular services, together with the notices given to the traders of the time prefixed for their sailing, and the times they sailed respectively.

7. That his majesty be addressed for the report of the commissioners for executing the office of lord high admiral to his majesty in council, upon the petition of the merchants, relating to their losses during the war, to be laid before the house.

8. That the schoolmaster and a mariner on board his majesty's ship, the Duke, do attend the said committee.

Six days after these orders passed, the said accounts and report were presented to the house by the secretary of the admiralty.

There were also laid before them copies of above one hundred letters, from and to the secretary of state, admirals, ambassadours, consuls, commanders of his majesty's ships, and trading vessels; from the commissioners of the sick and hurt seamen, with heads of a cartel for exchange of prisoners; and memorials and representations from merchants.

Also a list of ships taken since the commencement of the war, and of the prisoners made by the enemy, also letters from several of them relating to their treatment, and from the captain-general of the province where the said seamen were imprisoned, relating to an exchange; several certificates and depositions, and a proposal by the lords of the admiralty for a general exchange of prisoners; also copies of the orders of the commissioners of admiralty to captains and commanders on the enemy's coast.

Petitions from the wives of seamen taken prisoners; letters to and from the principal officers of the enemy, prisoners in Britain, relating to the exchange.

Certificates of the discharge of several prisoners, by the enemy, on promise that a like number of the prisoners in Britain should be discharged.

The secretary of the Admiralty also laid before the house a book of the regulations and instructions relating to the sea-service, established by his majesty in council.

These requisites being laid before the house of commons, they went into a committee on the twenty-third day of their sitting, heard one of the petitioners, several witnesses, and desired to sit again.

In the mean time were presented to the house seventeen other letters concerning sea affairs, and an account when the East India company first applied, since the war began, for a convoy to St. Helena, and when they sailed, and what number of ships came under the said convoy, and on the twenty-fifth day of sitting the committee heard more witnesses.

Next day they proceeded, when an account was brought in of the Spanish prisoners released, by what orders, and on what conditions; also an account of the number of seamen employed the last year, distinguishing how many at home, and how many abroad, also of the number of ships and vessels of war, distinguishing the rates.

The secretary of the admiralty also presented a list of the names of the merchant ships, and the masters, as have behaved so negligently as to delay the convoys from whom they had taken sailing orders, or that have abandoned the same, or that have been any ways disobedient to the instructions established for good government, with the narration of the facts since the beginning of the war.

Also copies of the reasons given, in writing, by such commanders of his majesty's ships as have been appointed in this war as cruisers on this side cape Finisterre, for leaving their stations, or for coming into port, before the time required by their orders, which papers were sixty-one in number.

All which were referred to the said committee, and then they heard some other evidence, and after farther proceeding desired leave to sit again.

Next day the secretary of the admiralty presented copies of all applications for convoys for ships and cruisers, and what was done thereon, which papers were above forty, of which eight were petitions to get convoys for single ships.

All which papers and accounts were referred to the said committee, which was to proceed again on the twenty-eighth day, but the houses were desired to adjourn for fifteen days.

When the house met again, the said secretary presented copies of all complaints made since the war began, to the commissioners of the admiralty, against, or relating to commanders leaving the trade under their convoy, or their stations, or for impressing seamen out of outward-bound ships after clearance, or homeward-bound before they reached their port, or for other misbehaviour, or injury done by them to trade, with an account of what has been done thereupon.

These papers, including the complaints and the orders given thereupon, which are much the greater part, with justifications from the commanders, were in number forty; but we ought not to omit that amongst them there is a representation of the Portugal merchants in favour of one commander, captain Ambrose, who had taken several of the enemy's privateers.

On the thirty-third day of sitting were presented, from the office for the sick and wounded seamen, copies of the returns from such persons as have been empowered to pay his majesty's bounty to the British subjects, prisoners in the ports of Spain, distinguishing the number of men paid each month, and what ships they belonged to, and when taken.

Also an account of the number of men who have been put sick on shore from his majesty's ships, into the hospitals last year, distinguishing how many died, and how many were returned to the ships, or run away, or were otherwise disposed of.

Which papers were referred to the said committee, and the house went into it, heard farther evidence, and the chairman desired leave to sit again.

Accordingly they proceeded on this affair the thirty-fifth day, and heard farther evidence.

On the thirty-seventh day more papers were laid before the house, being three several orders issued by the admiralty to the commanders of his majesty's ships in the ports of Portugal, or such as shall have occasion to put into the said ports; also an estimate of the debt of the navy; which were referred to the said committee, and the house went into it, and came to several resolutions, which were reported the next day, and are as follow.

The first resolution was, that it appeared to the committee, that notwithstanding the repeated applications of the merchants for cruisers to be properly stationed for the protection of the trade of this nation from the privateers of Spain, the due and necessary care has not been taken to keep a proper number of his majesty's ships employed in that service, more especially in and near the Channel and soundings; for want of which, many ships had been taken by the enemy, some of them of considerable value, to the great loss of many of his majesty's subjects, the great advantage and encouragement of the enemy, and the dishonour of this nation. II. That the detention of the ships bound to Portugal for near twelve months, by the refusal of protections for some time, and the delay of convoys afterwards, gave our rivals in trade an opportunity of introducing new species of their woollen manufactures into Portugal, to the great detriment of this kingdom.

Upon this foundation, the house ordered that a bill be brought in for the better protecting and securing the trade and navigation of this kingdom in times of war; and that the lord mayor of London (since deceased) and sir John BARNARD, do prepare and bring in the same.

On the first day of April, being the fifty-ninth of their sitting, the lord mayor of London presented, according to order, a bill for the better protecting and securing the trade and navigation of this kingdom in time of war; and the same was received and read a first time, and ordered to be read a second time, and to be printed.

By reason of some omission, we do not find when the bill was read a second time; but, on the seventy-second sitting, a day was appointed to go into a committee on the seventy-ninth, when they did, and made several amendments, which were reported on the eighty-second day, and with amendments to one of them, were agreed to, and ordered to be engrossed. At their eighty-seventh sitting the bill was read a third time and passed, and the lord mayor of London was ordered to carry the bill to the lords, and desire their concurrence. And three days after it was read by their lordships a first time, and is as follows; the words within these marks [ ] showing how the blanks were filled up, and the amendments made in its progress through the house of commons, with notes of the words left out.

An Act for the better protecting and securing of the trade and navigation of this kingdom in times of war.

"Whereas it is necessary, in times of war, that a sufficient number of ships should be appointed, and kept constantly employed, as cruisers, in proper stations, for the protection and security of the trade and navigation of this kingdom; be it enacted by the king's most excellent majesty, by and with the advice and consent of both houses of the senate in this present council assembled, and by the authority of the same, that when and as often as this kingdom shall be engaged in war with any kingdom or state in Europe, (over and above the ships of war for the line of battle, and for convoys to remote parts,) such a number of ships of war as shall be sufficient for the protection and security of the merchant-ships, in their going out and returning home, shall be constantly employed as cruisers, or for convoys, in and near the British Channel and soundings, and in such other stations on this side cape Finisterre, as shall by the lord high admiral, or commissioners for executing the office of lord high admiral of Great Britain for the time being, be judged most proper for that purpose; the aforesaid ships of war to be careened at least [three] times in the year, or oftener, if there be occasion; and that the seamen on board any such cruisers shall not be turned over into any other ship or ships, but such only as shall be appointed for cruising, or home convoys, according to the tenour of this act.

(2.) "Provided always, and be it enacted by the authority aforesaid, that nothing herein contained shall restrain, or be construed to restrain, the lord high admiral or commissioners for executing the office of lord high admiral for the time being, from directing any of the ships which shall be appointed to be cruisers in pursuance of this act, to be employed in the line of battle, (in case of great necessity,) on this side cape Finisterre, without whose immediate direction, the said ships shall be always cruising, or employed as home convoys, except when they are careening or refitting.

(3.) "And be it enacted by the authority aforesaid, that the lord high admiral, or commissioners for executing the office of lord high admiral for the time being, shall, on or before the [first day of July next] authorize and appoint a commissioner of the navy, or some one or more person or persons, who shall constantly reside at such place or places as his majesty shall direct; by virtue of which appointment, such person or persons, in the place or places for which he or they shall be appointed, shall superintend or oversee every thing relating to the aforesaid cruisers; and shall take care that every thing necessary be immediately provided for all and every the aforesaid cruising ships of war, that shall come into any port by stress of weather, or to careen or refit; and as soon as they or any of them are refitted, shall order all or any of the said ships of war to put to sea again as soon as possible.

(4.) "And be it farther enacted by the authority aforesaid, that from and after the said [first day of July] if any captain, or other officer on board any of his majesty's ships of war, shall wilfully spring, carry away, or lose any mast or masts of any such ship [Footnote: Left out, or ships.], or shall make any false pretence or excuse for leaving the station on which such ship or ships shall be appointed to cruise, or shall return into port before the expiration of the term appointed for his cruise, without just and sufficient reason for so doing, every captain or officer offending in any of the aforesaid cases, [shall be punished by fine, imprisonment, or otherwise, as the offence by a court-martial shall be adjudged to deserve.]

(5.) "And to the intent that it may be the more easily known what service the aforesaid cruisers shall every year perform, be it enacted by the authority aforesaid, that the commissioner of the navy in each of the outports, or such person or persons as shall, for that purpose, be appointed by the lord high admiral, or commissioners for executing the office of lord high admiral for the time being, shall transmit to him or them, every [three months] a distinct and separate account digested into proper columns, of the time when any of the ships appointed to be cruisers, sailed out of port, when such ship came in, together with the number of days, cast up, that such ship was out upon duty, and the reasons of her putting into port, and the time and reasons of her stay there; with an account how often, and the times when each of the said ships have been careened every year; and that the lord high admiral, or commissioners for executing the office of lord high admiral, for the time being, shall cause copies of the said accounts to be laid before both houses of the senate within [eight days] after their meeting.

(6.) "And be it farther enacted by the authority aforesaid, that the lord high admiral, or commissioners for executing the office of lord high admiral, for the time being, shall, on or before the said [first day of July] nominate and appoint such a number of the ships of war, as shall be sufficient for the purposes aforementioned, to be cruisers or convoys on this side cape Finisterre for the current year; and shall afterwards yearly, and every year, during the present or any future war, between the [first day of November] and the [first day of December] nominate and appoint a sufficient number of ships of war to be cruisers or convoys on this side cape Finisterre for the year ensuing; and as often as any of them shall happen to be taken or lost, shall, as soon as may be, appoint others in the room of every ship so taken or lost.

(7.) "And whereas it is of the utmost importance to the trade of this nation, that the captains or commanders of his majesty's ships of war appointed for convoys to and from remote parts, should take due care of the merchant ships committed to their charge; be it, therefore, enacted by the authority aforesaid, that every captain or commander of any of his majesty's ships of war, who, on or after the bill shall commence, shall be appointed convoy or guard to any merchant ships or vessels, or who shall have any merchant ships or vessels under his charge, do and shall diligently attend upon such charge without delay, and in and during the course of the voyage take the utmost care of such merchant ships and vessels, and do and shall every evening see that the whole number of the said merchant ships and vessels under his convoy be in company with him; and in case he shall be obliged in the night time to Jack, or alter his course, or lie-to, that he do and shall make the proper signals, to give the merchant ships and vessels, under his convoy, notice thereof; and if in the morning he shall find any of the said merchant ships and vessels to be missing, he shall use his utmost endeavours to rejoin them, and shall not willingly or negligently sail away from, leave, or forsake such merchant ships or vessels, until he has seen them safe, so far as he shall be directed to convoy them; and in case any of the said merchant ships or vessels shall be in distress, he shall give them all proper and necessary relief and assistance, as far as he is able; and in case any such captain or commanding officer shall refuse or neglect to do all or any of the matters aforesaid, every such captain or commanding officer shall [be condemned to make reparation of the damage to the merchants, owners, and others, as the court of admiralty shall adjudge; and also be punished according to the quality of his offence, as shall be adjudged fit by a court-martial.]

(8.) "And whereas it is of the utmost importance to our settlements in America, and the trade thereof [Footnote: Left out, "in time of war."], that the commanders of the ships stationed there, should use their best endeavours for the protection and security of such trade, [and the colonies there;] be it farther enacted by the authority aforesaid, that [Footnote: Left out, "during the continuance of any such war."] none of his majesty's ships, which shall be stationed at any of the said settlements, shall quit or leave their stations under pretence of going to careen or refit, or under any other pretence whatsoever, without an especial order from the lord high admiral, or commissioners for executing the office of lord high admiral, (or the commander in chief of his majesty's ships of war in those seas, or in America, [Footnote: These words were added.]) for the time being. [Footnote: Left out, "or unless the commander or commanders of such ship or ships shall be ordered off their station, to be employed in the line of battle in the American seas, which shall not be done, but in cases of the greatest necessity."]

(9.) "And to the end that it may appear what service the ships so stationed shall perform, be it enacted by the authority aforesaid, that the captain or commanding officer on board every such ship or vessel, shall keep a distinct and separate account, digested into proper columns, of the times when the said ship or vessel sailed out of port, when such ship or vessel came in, the service she was upon, together with the number of days cast up, that such ship or vessel was out upon such duty, and shall cause the same to be fairly entered in one or more book or books, to be kept for that purpose; such entries to be digested in proper columns, and to be [every six months] transmitted [Footnote: Left out, "together with the duplicates thereof."] to the captain or commanding officer of every such station ship, to the lord high admiral, or commissioners for executing the office of lord high admiral for the time being, and shall also send duplicates of the said accounts at the first opportunity.

(10.) [Footnote: This clause was added in the committee.] "And be it farther enacted by the authority aforesaid, that the commanders of his majesty's ships of war, on their arrival at any of the said settlements, shall deliver a copy of the orders they shall have received from the lord high admiral, or commissioners for executing the office of lord high admiral of Britain for the time being, so far as they relate to the protection of the said colonies, and of the trade of the said colonies, to the governour and council of the respective colony or plantation where they shall be stationed; which orders shall be entered into the council books of such colony or plantation respectively; and the said governour and council are hereby authorized and empowered to give such directions in writing to the captains and commanders of such stationed ships, as they shall think will be most for the protection and security of their trade: and the said captains and commanders are hereby required to conform to, and observe the same, provided the same do not contradict the instructions they shall have received from the said lord high admiral, or commissioners for executing the office of lord high admiral for the time being."