The Works of Samuel Johnson, LL.D. Volume 11

The bill now before us, my lords, will, indeed, by no means obstruct the moderate use, because it will give an unbounded license to the most luxurious excess; if, therefore, nothing more be intended in the committee, than to consider how far this bill will promote the reformation of the people, it is surely not necessary to engage in any farther inquiries.

It has appeared already, to those who do not obstinately shut their eyes, that there is in it no provision for the prevention of that abuse of spirits which universally prevails. It has appeared, that the cheapness of licenses will not hinder the present retailers from carrying on an illegal trade; that information will not now be more safe or more frequent than before, and that the duty, if not in part evaded, may yet be probably abated from the present profits of the sale.

It has appeared, my lords, that no effect can be produced by this bill but the promotion of debauchery, the increase of drunkenness, the subversion of order, and the decay of industry; the miseries of disease, and the rage of want.

But that this bill will not produce, at least for some time, a large addition to the publick revenues, has not yet been proved; and while it is allowed that it will raise money, I do not wonder to hear it steadily defended, because nothing more is expected from it. But as I have not yet conversed enough with statesmen to persuade myself that the government ought to be supported by means contrary to the end for which government is instituted, I am still convinced that this bill ought to be rejected with contempt, because it will lessen the wealth of the nation without any equivalent advantage, and will at once impoverish the people, and corrupt them.

Lord ISLAY then spoke to this effect:—My lords, I cannot but be of opinion that this debate has been carried on with a vehemence by no means necessary, and that the question has been perplexed by a mistaken zeal, that the effects of this bill have been exaggerated, perhaps, on both sides, and that the opinions which have been formed with relation to it, are not really so opposite as they appear.

Those who oppose the bill, think the duty upon spirits not so high as to hinder that debauchery which so much prevails among us; and those that vindicate it, declare that more violent restraints will not be borne. Both parties have reason, and the vindicators of the bill have, likewise, experience on their side.

But, my lords, though severe restraints suddenly opposed to the habits and inclinations of the people, operating in their full force, may be broken through by restless struggles and obstinate resistance, yet a diminution of those gratifications will be borne which cannot wholly be taken away, and the same laws, introduced by proper degrees, will be patiently obeyed; this, therefore, may be very properly considered as the first tax necessary to be laid, which, though it may produce no great effects in itself, may at least make way for a second that shall be more sensibly felt, till at length these fatal spirits shall be raised to a price at which few will be able, and none willing, to purchase one pleasure of drunkenness.

But it is not impossible that even this tax, with the other provisions in the bill, may produce the reformation which is unanimously desired; and as violence should never be used till gentle methods have been tried, this bill ought, in my opinion, to be passed, and, therefore, to be referred to a committee without farther debate; for it will be thought, both by our allies and our enemies, that a great part of this assembly is very indifferent about the success of the war, if we delay the supplies, by disputing in what manner they shall be raised.

[The question being then put, whether the bill shall be committed, it was carried in the affirmative. And the lords DELAWARE and HERVEY being appointed tellers, the numbers were, Contents 59, Proxies 23—82. Not contents 38, Proxies 16—54.

It was remarked on this occasion, that there being ten prelates in the house, they all divided against the question; upon which the earl of CHESTERFIELD seeing them come towards him, said, he doubted if he had not mistaken the side, not having had the honour of their company for many years.

Two days after, the same bill was considered by the house of lords in a committee to which all of them were summoned, and occasioned another very important and curious debate.]

FEBRUARY 23, 1742-3

The title of the bill on spirituous liquors being read, was postponed: then the preamble was read, importing, "that whereas great difficulties and inconveniencies had attended the putting the act 9 Geo. II. in execution, and the same had not been found effectual to answer the purposes intended," the commons being desirous to raise the necessary supplies in the easiest manner, do grant the rates on spirituous liquors, hereafter mentioned, and repeal the present rates.

Lord HERVEY spoke to the effect following:—My lords, notwithstanding the specious arguments which were used to influence the house to permit this bill to escape the censure it deserved, and be admitted to a farther examination in a committee, I am still confident that nothing can justly be offered in its defence; and am not afraid to declare my opinion, that it is not approved even by those who vindicate it; of whom I cannot but believe, from long experience of their judgment and their knowledge, that they consider it only as an easy manner of raising money, as an expedient rather necessary than eligible, and such as only the exigencies of the government could have prevailed upon them to propose; for nothing is more evident, than that it cannot answer the purposes of the former bill.

This, however harsh it may appear, and however inconsistent with that delicacy with which the debates of this august assembly have generally been carried on, must surely be pardoned on this occasion, if for no other reason, at least for this, that it is not easy to forbear it, it is impossible wholly to suppress it in the mind; and to forbear to speak what cannot but be thought, is no part of the duty of a publick counsellor.

The conduct of those whose station subjects them to the resentment of the ministry, or who may be reasonably imagined to expect favours from them, has, throughout all our deliberations on this bill, been such as evidently discovers their only care to be the imposition of a new tax, and the establishment of a new fund. They do not seem to urge seriously any other argument than the necessity of raising money, or to oppose the objections that have been offered, for any other reason, than because they have a tendency to obstruct the supplies.

No other argument can, indeed, be urged in vindication of a bill which every principle of policy or justice must incite us to condemn; a bill by which the sense of morality and religion will be extinguished, and the restraints, of law made ineffectual; by which the labourer and manufacturer will be at once debilitated and corrupted, and by which the roads will be filled with thieves, and the streets with beggars.

It appears, my lords, from the papers on the table, that seven millions of gallons are every year distilled; and experience shows us, that the quality of the liquor is such, that a quarter of a pint is sufficient to intoxicate the brain. Upon this computation, my lords, it is reasonable to believe, that a twentieth part of the labouring hands of this nation are detained from their proper occupations by this kind of drunkenness; and, consequently, that a twentieth part of the trade is every year lost, or, perhaps, a twentieth part of our people every year hurried to the grave, or disabled from contributing to the publick good.

These, my lords, are no doubtful facts, or conjectural calculations, they are confirmed by the most incontestable evidence, and established by all the demonstration of arithmetick; and therefore your lordships are in no danger of errour from either ignorance or uncertainty, but must determine, if you approve this bill, in opposition to all the powers of conviction, and must set aside testimony and reason at the same time.

These facts, my lords, are so plain, that the warmest advocates for the bill have tacitly acknowledged them, by proposing that, if it be found ineffectual, it shall be amended in the next session. What effect this proposal may have upon others, I know not; but for my part, I shall never think it allowable to sport with the prosperity of the publick, or to try experiments by which, if they fail, the lives of thousands must be destroyed.

Such a scheme, my lords, very ill becomes those to whom their ancestors have transmitted the illustrious character of guardians of the people; for surely such cruelty was never practised by the utmost wantonness of tyranny, or the most savage rage of invasion. No man ever before conceived the design of scattering poison for a certain period of time among the people, only to try what havock it would make.

What will be the effects of unrestrained and licensed debauchery may be known, without the guilt of so dreadful an experiment, only by observing the present conduct of the people, even while they are hindered from the full enjoyment of their pleasures, by the terrours of a penal law. Whoever shall be so far touched with the interest of the publick, as to extend his inquiries to the lowest classes of the people, will find some diseased, and others vitiated; he will find some imprisoned by their creditors, and others starving their children; and if he traces all these calamities and crimes to their original cause, will find them all to proceed from the love of distilled liquors.

I know, my lords, that in answer to all these expostulations, and a thousand more, it will be urged by the ministers and their friends, that there is no other method to be found of raising the supplies, and that the demands of the government must be satisfied at whatever rate, and by whatever means.

Though I am very far from approving this assertion, I do not wonder at its prevalence among those who are enriched by every tax, and whose only claim to the preferments which they enjoy arises from their readiness to concur in every scheme for increasing the burdens of the publick; and, therefore, shall never expect their approbation of any proposal, by which a new tax may be retarded. Yet I cannot but declare that, in my opinion, we ought to suspend our proceedings, that the commons may discover what danger their negligence, precipitation, or blind compliance, has brought upon the nation; and that the people may, by so signal a proof of our disapprobation, be alarmed against any attempt of the same kind under any future administration.

This, my lords, will be considered, not only by posterity, but by all the wise and honest men of the present time, as a proof of our regard for virtue, and our attention to the publick welfare. This conduct will be secretly approved, even by those who may think themselves obliged to oppose it in publick; and, as it will be moderate and decent, may probably preserve the nation without irritating the other house.

I therefore move, my lords, that instead of proceeding in the superfluous forms of a committee, we should resume the house, and endeavour to obtain farther information.

After a short silence, lord CHOLMONDELEY spoke to this effect:—My lords, the observations which, though sufficiently explained and enforced in the late debate, the noble lord has been pleased to repeat on this occasion, are in themselves, indeed, sufficiently pertinent, and have been urged by his lordship with uncommon spirit and elegance; but he ought to have reflected, that general declamations are improper in a committee, where the particular clauses of the bill are to be separately considered.

I propose, therefore, that instead of wasting that time, of which the exigencies of the publick now require an uncommon frugality, in useless rhetorick, and untimely vehemence, we should proceed to examine in order the distinct paragraphs of this bill, by which it may more easily appear, whether it ought to be rejected or approved.

It cannot, indeed, be proposed, that any of the clauses shall be amended in this committee; for the claims of the commons, and the obstinacy with which they have always adhered to them, on whatever they are founded, is well known. I am old enough to remember the animosities which have arisen between the two houses, from attempts to adjust this part of their pretensions; animosities which at this time may be not only dangerous to ourselves, but fatal to a great part of mankind, and which it ought, therefore, to be our utmost care not to excite.

Lord AYLESFORD:—My lords, though the consideration of the distinct paragraphs of the bill be, as the noble lord has very justly observed, the proper business of the committee; yet since, as he has likewise observed, the present state of our affairs requires unusual expedition, I think we may very properly spare ourselves the trouble of considering paragraphs which we cannot amend; and which are in themselves so clear and so obvious, that they may be understood in their full extent upon a cursory perusal.

But, my lords, though I think it not proper to follow our usual method of considering the paragraphs distinctly, which can only drive the bill forward towards the third reading, as it has already been forced into the committee; yet I think it not necessary to irritate the other house, alarm our allies, or encourage our enemies, by rejecting that bill by which it is intended that the supplies shall be raised. There is an easy and moderate method, by which the same end may be attained without any disturbance of the publick, any impediment of the schemes of the government, or any just offence to the commons.

Instead of passing or rejecting this bill, of which the first is absolutely criminal, and the second perhaps improper, let us only delay it, by which we shall give the commons time to reflect upon it, to reexamine it, and discover, what they, perhaps, have not hitherto suspected, its destructive tendency. Nor can it be doubted, but the observations which will arise from the necessity of inquiring into the reasons of our conduct, will soon induce them to form another bill, not liable to the same objections; I, therefore, second the noble lord's motion to resume the house.

Lord ISLAY:—My lords, if we consider the pretensions of the commons, and the stubbornness with which they have hitherto adhered to them, we shall easily find the impropriety of the noble lord's motion, and foresee the inefficacy of the methods which he so warmly recommends.

The alarm which he supposes us to give the commons by postponing the bill before us, the observations which they will make upon our conduct, the new informations which they will receive, and the new bill which they will send, are merely imaginary. They will not consider themselves as concerned in the delay or expedition of our procedure, but will suppose us to act upon our own reasons, which it is not necessary for them to examine, and will by no means send another bill for supplies, till they are informed that this is rejected.

Thus, my lords, we shall only retard the supplies, without altering, or being able to alter, the method of raising them; and at last pass that bill, without examination, which we now neglect to examine, lest we should pass it; or, perhaps, irritate the commons by the novelty of our conduct, which, if they should resolve to consider it, they will probably consider only to censure.

Lord AYLESPORD:—My lords, I am no stranger to the claims of the commons to the sole and independent right of forming money bills, nor to the heat with which that claim has been asserted, or the firmness with which it has always been maintained in late senates. Nor am I ignorant, that by contesting this claim, we have sometimes excited disputes, which nothing but a prorogation of the senate could appease.

I know, my lords, and allow, that by acting in any unusual manner with regard to bills of this kind, we may excite the resentment of the commons, and that some interruption of the publick business may, for want of candour and moderation, possibly ensue.

But, my lords, I cannot think the possibility of an ill consequence an argument sufficient to show the unreasonableness of my proposal; for the inconveniencies that may arise from postponing the bill, are only possible, but the calamities that we shall bring upon our country by passing it are certain.

But we are likewise to consider, my lords, that these events, of which it can only be said that they may happen, may also not happen. When I reflect that the house of commons is an assembly of reasonable beings, that it is filled by the representatives of the British people, by men who will share the calamities of the publick, and whose interest it is, equally with ours, to prevent the destruction of our commerce, the decay of our manufactures, the corruption of the present age, and the ruin of posterity, I cannot but hope that they will apply themselves to a candid review of the bill which they have sent, and without heat, jealousy, or disputes, explain it as they may do by another, which will be no deviation from the rules which they have established for themselves, and by which they may secure the happiness of their country without receding from their own pretensions.

The duke of BEDFORD:—My lords, the proposal made by the noble lord appears to me so prudent and equitable, so moderate and so seasonable, and, in my opinion, suggests so easy a method of reconciling the pretensions of the commons with the necessity of amending the bill, that I cannot but think it worthy of the unanimous approbation of your lordships.

I am very far from conceiving the commons to be an assembly of men deaf to reason, or imagining them so void of all regard for the happiness of the publick, as that they will sacrifice it to an obstinate adherence to claims which they cannot but know to be in themselves disputable, and of which they must at least allow that they are only so far just as they contribute to the great end of government, the general good.

But lest they should, by any perverse and unseasonable obstinacy, attend more to the preservation of their own power than to the promotion of the happiness of their constituents, a method is now proposed, by which the errours of this bill may be corrected, without any concession of either house. The commons may easily be informed of the dangers which are justly dreaded from this bill; and may, therefore, prepare another, by which a tax of the same kind may be laid, without a general license of drunkenness; or if a method of laying a duty upon these liquors, which may at once hinder their excessive use, and increase the revenue of the government, cannot be discovered, they may raise the supplies for the year by some other scheme.

Lord CARTERET:—My lords, as the expedient proposed by these noble lords, however it may be recommended, as being at once moderate and efficacious, has, in reality, no other tendency than to procure an absolute rejection of this bill, it is proper to consider the consequences which may be reasonably expected from the measures which they have hitherto proposed.

In order to the effectual restraint of the common people from the use of these pernicious liquors, they assert the necessity of imposing a very large duty to be paid by the distiller, which might, indeed, produce, in some degree, the effect which they expect from it, but would produce it by giving rise to innumerable frauds and inconveniencies.

The immediate consequence of a heavy duty would be the ruin of our distillery, which is now a very extensive and profitable trade, in which great multitudes are employed, who must instantly, upon the cessation of it, sink into poverty. Our stills, my lords, not only supply our natives with liquors, which they used formerly to purchase from foreign countries, and therefore increase, or at least preserve the wealth of our country; but they likewise furnish large quantities for exportation to Guernsey, Jersey, and other places. But no sooner will the duty proposed to be laid upon this liquor take place, than all this trade will be at an end, and those who now follow it will be reduced to support themselves by other employments; and those countries in which our spirits are now drank will be soon supplied from other nations with liquors at once cheaper and more pleasant.

It may be proposed, as an expedient for the preservation of our foreign trade, that the duty shall be repaid upon exportation; but the event of this provision, my lords, will be, that great quantities will be sent to sea for the sake of obtaining a repayment of the duty, which, instead of being sold to foreigners, will be privately landed again upon our own coasts.

Thus, my lords, will the duty be collected, and afterwards repaid; and the government will suffer the odium of imposing a severe tax, and incur the expense of employing a great number of officers, without any advantage to the publick. Spirits will, in many parts of the kingdom, be very little dearer than at present, and drunkenness and debauchery will still prevail.

That these arts, and a thousand others, will be practised by the people to obtain this infatuating liquor, cannot be doubted. It cannot be imagined that they will forbear frauds, who have had recourse to violence, or that those will not endeavour to elude the government, who have already defied it.

Every rigorous law will be either secretly evaded, or openly violated; every severe restraint will be shaken off, either by artifice or vice; nor can this vice, however dangerous or prevalent, be corrected but by slow degrees, by straitening the reins of government imperceptibly, and by superadding a second slight restraint, after the nation has been for some time habituated to the first.

That the government proceeds by these easy and gentle methods of reformation, ought not to be imputed to negligence, but necessity; for so far has the government been from any connivance at this vice, that an armed force was necessary to support the laws which were made to restrain it, and secure the chief persons of the state from the insults of the populace, whom they had only provoked by denying them this pernicious liquor.