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

But without inquiry, whether they who oppose the bill will grant their opposition hypocritical, or their patriotism languid, I shall lay my opinion of this new regulation before your lordships with equal freedom, though with less luxuriance of imagination, and less gaiety of language.

Of this bill, notwithstanding the acuteness with which it has been examined, and the acrimony with which it has been censured, I am not afraid to affirm, that it is neither wicked nor absurd, that all its parts are consistent, and that the effects to be expected from it are sobriety and health. I cannot find, upon the closest examination, either that it will defeat its own end, or that the end proposed by it is different from that which is professed.

The charge of encouraging vice and tolerating drunkenness, with which the defenders of this bill have been so liberally aspersed, may be, in my opinion, more justly retorted upon those that oppose it; who, though they plead for the continuance of a law, rigorous, indeed, and well intended, own that it has, by the experience of several years, been found ineffectual.

What, my lords, can a drunkard or a profligate be supposed to wish, but that the law may still remain in its present state, that he may still be pursued in a track by which he knows how to escape, and opposed by restraints which he is able to break? What can he desire, but that the book of statutes should lie useless, and that no laws should be made against him, but such as cannot be put in execution?

The defects of the present law, are, indeed, very numerous; nor ought it to be continued, even though no other were to be substituted. It seems to suppose the use of distilled liquors absolutely unlawful, and, therefore, imposed upon licenses a duty so enormous, that only three were taken in the whole kingdom, and the people were therefore obliged to obtain by illegal methods, what they could not persuade themselves wholly to forbear.

The method of detecting offenders was likewise such as gave opportunity for villany to triumph over innocence, and for perjury to grow rich with the plunder of the poor. Even charity itself might be punished by it; and he that gave a glass of spirits to a man fainting under poverty, or sickness, or fatigue, might be punished as a retailer of spirits without a license.

These defects, which were not seen when the law was made, soon excited a dislike. No man enforced the execution of it, because every man knew that on some occasions he might himself break it; and they who suffered for the violation of it, were often pitied by those whose office obliged them to punish them. Thus the law, after having been executed a few months with rigour, was laid aside as impracticable, and appears now to be tacitly repealed; for it is apparently an empty form without effect.

If, therefore, the use of spirits be so destructive as is generally allowed, it is surely necessary, that the legislature should at last repair the defects of the former law, and the nation should not be vitiated and ruined, without some endeavours for its preservation; and, in my opinion, to lay a double duty upon these liquors, is very rational and prudent. An increase of the price must lessen the consumption.

To what degree the consumption will be diminished by this new duty, I am not able to foretel; but, undoubtedly, some diminution will be produced, and the least diminution will afford us this comfort, that the evil does not increase upon us, and that this law is, therefore, better than that which we have repealed.

For this reason, my lords, I approve the present bill, without inquiring whether it is perfect; it is sufficient for me, in the present exigence, that the nation will gain something by the change, and the people will be drawn nearer to sobriety, temperance, and industry.

Thus, my lords, without paying any regard to the determination of the other house, I think the bill sufficiently defensible by reason and policy; nor can I conceal my opinion, that those who oppose it are the real enemies of their country.

[The question, whether the house should be now resumed, was then put and determined in the negative by 56 against 85.

The other clauses were then read, and agreed to.

The course of their proceedings then required, that a day should be appointed for the third reading, and lord SANDWICH therefore rose, and spoke to the following effect:]

My lords, as the importance of the bill now before us justly demands the maturest consideration, it is not without unusual concern, that I observe the absence of many lords, for whose wisdom and experience I have the highest veneration, and whom I esteem equally for their penetration and their integrity. I should hope, that all those who feel in their hearts the love of their country, and are conscious of abilities to promote its happiness, would assemble on this great occasion, and that the collective wisdom of this house would be exerted, when the lives and fortunes, and, what is yet more worthy of regard, the virtue of the people is involved in the question.

As there can be no avocations which can possibly withhold a wise man from counsels of such moment to his country, to himself, and to his posterity; as there is no interest equivalent to the general happiness; I cannot suppose that either business or pleasure detain those who have not attended at the examination of this bill; and therefore imagine, that they are absent only because they have not been sufficiently informed of the importance of the question that was this day to be discussed.

It is therefore, my lords, necessary, in my opinion, that on the day of the third reading they be again summoned to attend, that the law which is allowed to be only an experiment, of which the event is absolutely uncertain, may be examined with the utmost care; that all its consequences may be known, so far as human wisdom is able to discover, and that we may at least be exempt from the imputation of being negligent of the welfare of our country, and of being desirous of avoiding information or inquiry, lest they should retard our measures or contradict our assertions.

But since it is reasonable to believe, my lords, that many of those, who might assist us in this difficult inquiry, are now in the country, it is necessary, that our summons may have the effect which is desired, to defer the reading for some time. For to what purpose will it be to require their presence at a time at which we know it is impossible for them to comply with our orders? To direct what cannot be done is surely in its own nature absurd and contemptible, and on this occasion will expose not only our understanding but our honesty to doubts; for it will be imagined, that we are only endeavouring to make false shows of caution and accuracy, and that we in reality desire to determine without the concurrence of those whose presence we publickly require.

I therefore move, that the third reading of this bill may be delayed five days, and that immediate summons be issued for all lords to attend.

Lord CARTERET spoke next in substance as follows:—My lords, if it is the intention of the noble lords to debate once more the usefulness or expedience of this bill, if they have any new argument to produce, or are desirous of another opportunity to repeat those which have been already heard, I hope they will not long withhold, either from themselves or their opponents, that satisfaction.

Your lordships are so well acquainted with the state of the publick, and know so well the danger of the liberties of the continent, the power of the enemies whom we are to oppose, the dreadful consequences of an unsuccessful opposition, and the necessity of vigour and expedition to procure success, that it cannot be necessary to urge the impropriety of delaying the bill from which the supplies are to be expected.

The convenience of deferring this bill, however plausibly represented by the noble lord who made the motion, is overbalanced by the necessity of considering it to-morrow. Necessity is an argument which 110 acuteness can overthrow, and against which eloquence will be employed to little purpose. I therefore, my lords, oppose the motion, not that it is unreasonable in itself, but because it cannot be admitted; I recommend despatch on this occasion, not because it is barely right, but because it is absolutely necessary.

Lord HERVEY then rose up and spoke to the following effect:—My lords, it is always the last resource of ministers to call those measures necessary which they cannot show to be just; and when they have tried all the arts of fallacy and illusion, and found them all baffled, to stand at bay, because they can fly no longer, look their opponents boldly in the face, and stun them with the formidable sound of necessity.

But it is generally the fortune of ministers to discover necessity much sooner than they whose eyes are not sharpened by employments; they frequently call that necessity, on which no other man would bestow the title of expediency; and that is seldom necessary to be done, which others do not think necessary to be avoided.

At present, my lords, I see nothing necessary but what is equally necessary at all times, that we do our duty to our country, and discharge our trust, without suffering ourselves to be terrified with imaginary dangers or allured by imaginary benefits. The war which is said to produce the necessity of this bill, is, in my opinion, not necessary in itself: and, if your lordships differ from me in that sentiment, it must yet be allowed, that there is time sufficient to provide supplies by new methods.

But, my lords, if the motion, in which I concur, be overruled on a pretence of necessity, it will show an eager desire to hasten a bill, which, if referred to any twelve men, not of either house of the senate, their examination would terminate in this, that they bring it in guilty of wilful murder.

Lord CHOLMONDELEY spoke next, in substance as follows:—My lords, as there is no doubt but particular measures may be sometimes necessary, I discover no reason that ought to hinder the mention of that necessity; for surely where it can be asserted with truth, it is the most powerful of all arguments, and cannot be wisely or honestly neglected.

In the present case, my lords, I can discover no impropriety in mentioning it; for I suppose that noble lord did not intend to restrain it to the most rigorous sense; he did not mean, that there is the same necessity of reading this bill to-morrow for the success of the war, as of extinguishing a fire for the preservation of a town; but that the reasons for despatch absolutely overbalanced all the pleas that could be offered for delays.

This necessity, my lords, I am not ashamed to assert after him; nor can I think it consistent with common prudence, in the present situation of our affairs, to defer the third reading beyond to-morrow; for the supplies which this bill must produce, are to be employed in attempts of the utmost importance, and which cannot fail without the ruin of a great part of mankind, and an irreparable injury to this nation.

I cannot, therefore, but confess my surprise at the vehemence with which this bill is opposed; vehemence so turbulent and fierce, that some lords have been transported beyond that decency which it is our duty and our interest to preserve in our deliberations; nor have restrained themselves from expressions, which, upon reflection, I believe they will not think defensible; from among which I cannot but particularize the horrid and opprobrious term of murder.

The reverend prelates, who have spoken against the bill, may be easily believed to be as zealous for virtue as those who have indulged themselves in this violence of language; yet they have never charged those who defend the measures now proposed with the guilt of murder, but have decently delivered their own opinions, without, reproaching those who differ from them.

For my part, my lords, as I cannot think the motion for farther delay, seasonable or proper, or necessary to the discovery of truth, or consistent with the welfare of the nation, it is my resolution to vote against it.

The duke of BEDFORD spoke next, in substance as follows:—My lords, the ardour with which the noble lord appears to resent the indignity offered to the bill, shows only that he himself approves it, but not that it deserves the approbation of the house.

I think it of use, notwithstanding the plausible pleas of decency or politeness, that every thing should in this house be called by its right name, that we may not dispute for one thing, and vote for another; and since the bill will certainly destroy multitudes, if it promotes the sale of distilled spirits, and it has been proved that it will promote it, I know not by what appellation to denominate its effects, if that be denied me, which has been already used.

[The speaker then put the question in form, "Is it your lordships' pleasure, that the third reading of the bill be put off for five days?" It was resolved in the negative by 52 to 29.

It was then ordered, that the bill should be read the third time on the day following, and that the lords should be summoned to attend.

On the next day, the house, according to the order, met, and another debate ensued, which was begun by lord HERVEY, who spoke in substance as follows:]

My lords, the tendency of the bill, which we are now to approve or reject, is so apparently destructive to the ends of government, so apparently dangerous to publick happiness, and so contrary to the institutions of the most celebrated lawgivers, and the policy of the most flourishing nations, that I still continue to think it my duty to struggle against it.

Almost every legislator of the world, my lords, from whatever original he derived his authority, has exerted it in the prohibition of such foods as tended to injure the health, and destroy the vigour of the people for whom he designed his institutions.

The great instructor of the jews, who delivered his laws by divine authority, prohibited the use of swine's flesh, for no other cause, so far as human reason is able to discover, than that it corrupted the blood, and produced loathsome diseases and maladies which descended to posterity; and, therefore, in prohibiting, after this example, the use of liquors which produce the same effects, we shall follow the authority of the great governour of the universe.

The author of another religion, a religion founded, indeed, on superstition and credulity, but which prevails over a very great part of the earth, has laid his followers under restraints still more severe; he has forbidden them to dispel their cares, or exalt their pleasures, with wine, has banished from their banquets that useful opponent of troublesome reflection, and doomed all those who receive his law, not to sobriety only, but to abstinence.

The authority of this man, my lords, cannot indeed be urged as unexceptionable and decisive; but the reception of his imposture shows at least, that he was not unacquainted with human nature, and that he knew how to adapt his forgeries to the nations among which he vented them; nor can it be denied, but the prohibition of wine was found generally useful, since it obtained so ready a compliance.

All nations in the world, my lords, in every age of which there remain any historical accounts, have agreed in the necessity of laying restraint upon appetite, and setting bounds to the wantonness of luxury; every legislature has claimed and practised the right of withholding those pleasures which the people have appeared inclined to use to excess, and preferring the safety of multitudes whom liberty would destroy, to the convenience of those who would have enjoyed it within the limits of reason and of virtue.

The welfare of the publick, my lords, has always been allowed the supreme law; and when any governours sacrifice the general good either to private views, or temporary convenience, they deviate at once from integrity and policy, they betray their trust, and neglect their interest.

The prohibition of those commodities which are instrumental to vice, is not only dictated by policy but nature; nor does it, indeed, require much sagacity, when the evil is known, to find the proper remedy; for even the Indians, who have not yet reduced the art of government to a science, nor learned to make long harangues upon the different interests of foreign powers, the necessity of raising supplies or the importance and extent of manufactures, have yet been able to discover, that distilled spirits are pernicious to society, and that the use of them can only be hindered by prohibiting the sale.

For this reason, my lords, they have petitioned, that none of this delicious poison should be imported from. Britain; they have desired us to confine this fountain of wickedness and misery to stream in our own country, without pouring upon them those inundations of debauchery, by which we are ourselves overflowed.

When we may be sent with justice to learn from the rude and ignorant Indians the first elements of civil wisdom, we have surely not much right to boast of our foresight and knowledge; we must surely confess, that we have hitherto valued ourselves upon our arts with very little reason, since we have not learned how to preserve either wealth or virtue, either peace or commerce.

The maxims of our politicians, my lords, differ widely from those of the Indian savages, as they are the effects of longer consideration, and reasonings formed upon more extensive views. What Indian, my lords, would have contrived to hinder his countrymen from drunkenness, by placing that liquor in their houses which tempted them to excess; or would have discovered, that prohibition only were the cause of boundless excesses; that to subdue the appetite nothing was necessary but to solicit it; and that what was always offered would never be received? The Indians, in the simplicity of men unacquainted with European and British refinements, imagined, that to put an end to the use of any thing, it was only necessary to take it away; and conceived, that they could not promote sobriety more effectually, than by allowing the people nothing with which they could be drunk.

But if our politicians should send missionaries to teach them the art of government, they would quickly be shown, that if they would accomplish their design, they must appoint every tenth man among them to distribute spirits to the nine, and to drink them himself in what quantity they shall desire, and that then the peace of their country will be no longer disturbed by the quarrels of debauchery.

It is, indeed, not without amazement, that I hear this bill seriously defended as a scheme for suppressing drunkenness, and find some lords, who admit that fifty thousand houses will be opened for the publick sale of spirits, assert that a less quantity of spirits will be sold.