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at last come to an open war, berauSe,
I hope, we shall be able to confine
it to a maritime and American war;
but Surely, we ought to prevent, if
possible, our enemy's having any allies
in the war, and consequently we
ought to avoid giving them any plausible
pretence to call for the assistance
oS thofe powers that are actually engaged
with them in a deSensive alliance.
And it is certain, that his majesty
is not only the best, but the only
judge what measures are most proper
for preventing its being in the
power of' France to persuade any court
in Furope that we have been the aggressors
in the war. It is, indeed, an
affair which we cannot any way pretend
to ^udge of becaufe we know
nothing of the prefent state oS the
negotiation, or how the other powers
of Europe stand affected with regard
to the present disputes betyveen France
and us in America ; and even Supposing
we did, we ought not allow
the bringing in oS Such a bill as this,
hecauSe it would be, in my opinion,
a parliamentary declaration of war,
which is absolutely inconsistent with
our constitution, and would be an encroachment
upon one of the most undoubted
and most necessary prerogatives
of the crown.
This incroachment, Sir, would, in
the prefent cafe, be the more flagrant,
as there is not the least occasion for it t
^very British seaman, at least every
t^ne of thera that has ever read or
heard of the act passed in i739,must
^ow, that they have the sole right to
all prizes which they shall have a concern
in taking when employed in his
majesty's ships of war, after war has
^een once declared by his maiesty ;
^d even with regard to ptivateers
tliey know, that the owners and the
Seamen on hoard of such privateers,
^ave> by the same act, the sole right
^ all prizes that shall be taken by
ttich privateers after they have receiv-
^ their commissions ; and that as soon
^ ^ar is declared, the lords commif-
^nerS of the Admiralty are obliged
a D
J A N U A R Y. 1 ^ . ' ^
to issue commissions to all such as shall
apply for them in the proper and
usual manner. This sole right, they
know, • is already vested in ihem by
act of parliament, and that without
any deduction, except the fees of the
Admiralty court where the prize is
condemned, and thole fees, in his
majesty's plantations or dominions abroad,
not to exceed lo 1. for a prize
under ioo tons burthen, nor E ^1- for
a prize of loo tons, or any greater
burthen : Therefore no Seamen can,
from what is noyv proposed, have any
greater temptation to enter into his
majesty's service, than what he has
from the law as it now stands ; nor
can our bringing in such a bill, or
even our palling it into a law, encourage
any one seaman to enter
voluntarily into his majesty's service,
who is not already inclined to do so
as soon as he can find an opportunity.
Perhaps it may be true, Sir, that
the law whic'l was passed in 1739,
may stand in need of some explanations
and amendments, but no explanation
or amendment can give the Seamen
a better or a more extensive right
to their share in the prizes, than they
have by that law as it now Stands ;
and if methnds can be found for
making the recovery os that right
more expeditious, or lesa expensive,
shall we not have time enough to contrive
proper methods for this purpose
after the declaration of war ? For if
we should be obliged at last eo come
to that extremity, it is highly probable
the case will happen before the
end of this session ; and if the case
should happen, l hope we shall have
the assistance of the noble lord and
the Hon. gentleman who have made
and seconded this motion ; for tho' a
negative should now he put upon their
motion, 1 am persuaded, they will
join heartily and sincerely in every
method that can he thought of for encouraging
our brave seamen, and for
preventing, as much as possible, tho
necessity of pressing ; which l must allow
is often attended with ^rcat bard-