Mr. CAREW next spoke as follows:—Sir, the amendment now offered is not, in my opinion, so unreasonable or unequitable as to demand a warm and strenuous opposition, nor so complete as not to be subject to some objections; objections which, however, may be easily removed, and which would, perhaps, have been obviated, had they been foreseen by the gentleman who proposed it.
The allowance, sir, of small liquors proposed, I cannot but think more than sufficient; three quarts a-day are surely more than the demands of nature make necessary, and I know not why the legislature should promote, or confirm in the soldiery, a vice to which they are already too much inclined, the habit of tippling.
The innkeeper, sir, will be heavily burdened by the obligation to supply the soldier with so many of the necessaries of life without payment; and, therefore, it may be justly expected by him, that no superfluities should be enjoyed at his expense.
But there remains another objection, sir, of far more importance, and which must be removed before this clause can be reasonably passed into a law. It is not declared, or not with sufficient perspicuity, that it is to be left to the choice of the innkeeper, whether he will furnish the soldier with provisions at fourpence a-day, or with the necessaries enumerated in the clause for nothing. If it is to be left to the choice of the soldier, the victualler receives no relief from the amendment, to whose option, since he must suffer in either case, it ought to be referred, because he only can tell by which method he shall suffer least.
Mr. CORNWALL spoke in the manner following:—Sir, it is not without the greatest diffidence that I rise to oppose the gentleman who offered the amendment; for his abilities are so far superiour to mine, that I object without hope of being able to support my objection, and contend with an absolute certainty of being overcome. I know not whether it may be allowed me to observe, that the difference between our faculties is, with regard to strength and quickness, the same as between the cider of his county and that of mine, except that in one part of the parallel the advantage is on our side, and in the other on his.
The cider, sir, of our county is one of our most valuable commodities; so much esteemed in distant places, that our merchants often sell it by the bottle, for more than the soldier has to give for the provision of a day; and of such strength, that I, who am accustomed to the use of it, never was able to drink three quarts in any single day.
If, therefore, sir, the soldier is to have three quarts of this cider, when small beer is not easily to be procured, not only the innkeeper, but the army will be injured; for what greater harm can be done to any man, than to initiate him in a habit of intemperance? and what outrages and insolencies may not be expected from men trusted with swords, and kept, from day to day, and from month to month, in habitual drunkenness by a decree of the senate?
Sir William YONGE replied to this purpose:—Sir, I know not why the gentleman has thought this a proper opportunity for displaying his eloquence in the praise of his own cider. That he loves his own county cannot be wondered, for no passion is more universal, and few less to be censured;-but he is not to imagine that the produce of his native soil will be generally allowed to excel that of other counties, because early habits have endeared it to him, and familiarized it to his particular palate.
The natives of every place prefer their own fruits and their own liquor, and, therefore, no inference can be drawn from approbation so apparently partial. From this prejudice I am far from suspecting myself free, nor am desirous or industrious to overcome it: neither am I afraid of exposing myself to all the censure that so innocent a prepossession may bring upon me, by declaring that, in my opinion, the cider of my native county is of equal excellence with that which this gentleman has so liberally extolled.
Mr. CORNWALL answered to the following effect:—Sir, how little I expect victory in this controversy I have already declared, and I need not observe of how small importance it is what soil produces cider of the greatest excellence and value; since, if there be other places where the cider is equally esteemed, and purchased at the same rate, it is yet more necessary to provide, by some exception, that the soldier shall not be entitled to demand, of the victualler, liquor to more than thrice the value of his pay, nor be allowed to revel in continual drunkenness, and to corrupt his morals, and enervate his limbs by incessant debauchery.
But since, sir, the preference due to the cider of my county has been denied, in my opinion, with great partiality and injustice, I think myself obliged, by all the laws of honour and gratitude, to stand up once more to vindicate its superiority, and assert its value.
The laws of honour, sir, require this from me, as they oblige every man to stand forth a vindicator of merit slighted and oppressed; and gratitude calls loudly upon me to exert myself in the protection of that to which I have been often indebted for a pleasing suspense of care, and a welcome flow of spirit and gaiety.
The cider, sir, which I am now rescuing from contemptuous comparisons, has often exhilarated my social hours, enlivened the freedom of conversation, and improved the tenderness of friendship, and shall not, therefore, now want a panegyrist. It is one of those few subjects on which an encomiast may expatiate without deviating from the truth.
Would the honourable gentleman, sir, who has thus vilified this wonder-working nectar, but honour my table with his company, he would quickly be forced to retract his censures; and, as many of his countrymen have done, confess that nothing equal to it is produced in any other part of the globe; nor will this confession be the effect of his regard to politeness, but of his adherence to truth.
Of liquor like this, sir, two quarts is, undoubtedly, sufficient for a daily allowance, in the lieu of small beer; nor ought even that to be determined by the choice of the soldier, but of the innkeeper, for whose benefit this clause is said to be inserted, and from whose grievances I hope we shall not suffer our attention to be diverted by any incidental questions, or ludicrous disputes.
Mr. GORE then spoke to the following effect:—Sir, that the allowance of two quarts a-day is sufficient, and that to demand more is a wanton indulgence of appetite, is experimentally known, and, therefore, no more ought to be imposed upon the innkeeper.
Nor is this, sir, the only part of the clause that requires our consideration; for some of the other particulars to be provided by the victualler, may easily furnish perverse tempers with an opportunity of wrangling: vinegar is not to be had in every part, of the kingdom, and, where it cannot be procured, ought not to be required; for neither reason nor experience will inform us that vinegar ought to be ranked among the necessaries of life.
Sir William YONGE made the following reply:—Sir, by the alteration now made in the clause, the innkeepers are effectually relieved from a great part of the burden which, in my opinion, this act has hitherto laid upon them; the necessity of furnishing the soldiers quartered upon them, with provisions at the stated price, whatever might be the scarcity of the season or of the country. That this was the intention of the act, is asserted by those whose reputation and promotion are sufficient evidences of their ability in the interpretation of our laws.
The innkeeper may now either accept or refuse the limited price, as it shall appear to him most consistent with his interest; nor will there be, for the future, any room for murmuring at unreasonable demands, since he may oblige that soldier whom he cannot satisfy, to please himself better at his own expense.
The choice of the liquor is, likewise, wholly referred to the innkeeper; for the words in the clause requiring that he shall furnish three quarts of small beer or cider, he complies, indisputably, with the law by supplying either; and, therefore, the value of cider in any particular county is not of much importance in the question before us; if cider be more valuable than small beer, it may be withheld; if it be cheaper, it may be substituted in its place; so that the innkeeper has nothing to consult but his own interest.
That this is the meaning of the clause, is, I suppose, obvious to every man that hears it read; and, therefore, I see no reason for any alterations, because I know not any effect which they can possibly have, except that of obscuring the sense which is now too clear to be mistaken.
Sir John BARNARD spoke next, to the effect following:—Sir, though it should be granted, that the clause before us is intelligible to every member of this assembly, it will not certainly follow, that there is no necessity of farther elucidations; for a law very easily understood by those who make it, may be obscure to others who are less acquainted with our general intention, less skilled in the niceties of language, or less accustomed to the style of laws.
It is to be considered, that this law will chiefly affect a class of men very little instructed in literature, and very unable to draw inferences; men to whom we often find it necessary, in common cases, to use long explanations, and familiar illustrations, and of whom it maybe not unreasonably suspected, that the same want of education, which makes them ignorant, may make them petulant, and at once incline them to wrangle, and deprive them of the means of deciding their controversies.
That both innholders and soldiers are, for the greatest part, of this rank and temper, I suppose, sir, every gentleman knows, from daily observation; and, therefore, it will, I hope, be thought necessary to descend to their understandings, and to give them laws in terms of which they will know the meaning; we shall, otherwise, more consult the interest of the lawyers than the innholders, and only, by one alteration, produce a necessity of another.
I am therefore desirous, sir, that all the difficulties which have been mentioned by every gentleman on this occasion, should be removed by clear, familiar, and determinate expressions; for what they have found difficult, may easily be, to an innholder or soldier, absolutely inexplicable.
I cannot but declare, while I am speaking on this subject, that in my opinion, two quarts of liquor will be a sufficient allowance. If we consider the demands of nature, more cannot be required; if we examine the expense of the innholder, he ought not to supply soldiers with a greater quantity for nothing. It is to be remembered, that small beer, like other liquors, is charged with an excise in publick-houses; and that two quarts will probably cost the landlord a penny, and as we cannot suppose that fire, candles, vinegar, salt, pepper, and the use of utensils, and lodging, can be furnished for less than threepence a-day, every soldier that is quartered upon a publick-house, may be considered as a tax of six pounds a-year—a heavy burden, which surely ought not to be aggravated by unnecessary impositions.
[The committee having gone through the bill, and settled the amendments, the chairman was ordered to make his report the next day.]
HOUSE OF COMMONS, MARCH 16, 1740-1
The report was read, and the amendments to the clauses in debate, which then ran thus:—
That the officers and soldiers to be quartered and billeted as aforesaid, shall be received, and furnished with diet and small beer by the owners of the inns, livery stables, alehouses, victualling-houses, etc. paying and allowing for the same the several rates mentioned.
Provided, that in case the innholder on whom any non-commission officers or soldiers shall be quartered, by virtue of this act, (except on a march,) shall be desirous to furnish such officers or soldiers with candles, vinegar, and salt, and with either small beer or cider, not ex-ceeding three quarts for each man a-day gratis, and to allow them the use of fire, and the necessary utensils for dressing and eating their meat, and shall give notice of such his desire to the commanding officers, and shall furnish and allow them the same accordingly; then, and in such case, the non-commission officers and soldiers so quartered shall provide their own victuals; and the officer to whom it belongs to receive, or that does actually receive the pay and subsistence of such non-commission officers and soldiers, shall pay the several sums, payable out of the subsistence-money for diet and small beer, to the non-commission officers and soldiers aforesaid, and not to the innholder or other person on whom such non-commission officers or soldiers are quartered.
The question being put whether this clause should stand thus,
Mr. CAREW spoke to this effect:—Sir, though it may, perhaps, be allowed, that the circumstances of our present situation oblige us to support a more numerous army than in former years, surely no argument can be drawn from them that can show the necessity of a profuse allowance to our soldiers, or of gratifying their desires by the oppression of the innholders.
If, sir, the designs of our enemies are so malicious, and their power so formidable, as to demand augmentations of our troops, and additions to our natural securities, they ought, surely, to impress upon us the necessity of frugal measures, that no useless burdens may be imposed upon the people.
To furnish two quarts of beer, sir, every day for nothing, is, undoubtedly, an imposition sufficiently grievous; and I can, therefore, discover no reason for which an allowance of three should be established; a proposal injurious to the victualler, because it exacts more than he can afford to allow, and of no benefit to the soldier, because it offers him more than he can want.
Sir William YONGE spoke next, to this purpose:—Sir, if it is an instance of misconduct to spend upon any affair more time than the importance of it deserves, I am afraid that the clause, to which our attention is now recalled, may expose us to censure, and that we may be charged with neglecting weighty controversies, and national questions, to debate upon trifles; of wasting our spirits upon subjects unworthy of contention; of defeating the expectations of the publick, and diverting our enemies rather than opposing them.
But, sir, as nothing has a more immediate tendency to the security of the nation than a proper establishment of our forces, and the regulation of their quarters is one of the most necessary and difficult parts of the establishment; it is requisite that we think no question of this kind too trivial for our consideration, since very dangerous disturbances have often been produced by petty disputes.
The quantity, sir, of small beer to be allowed by the victualler to those soldiers who shall provide their own victuals, was disputed yesterday, and, as I thought, agreed upon; but since this question is revived, I must take the opportunity to declare, that we ought not to assign less than three quarts a-day to each man; for it is to be remembered by those who estimate the demands by their own, how much their way of life is different from that of a common soldier, and how little he can be charged with wantonness and superfluity, for drinking more small liquor than themselves.
There are few members of this house, who do not, more than once a-day, drink tea, coffee, chocolate, or some other cooling and diluting infusion; delicacies which the soldier cannot purchase; to which he is entirely a stranger, and of which the place must be supplied by some other cheap and wholesome liquors.
If, sir, those gentlemen whose close attention to the interest of the innholder has, perhaps, abstracted them, in some degree, from any regard to the necessities of a soldier, will consent to allow him five pints a-day, I shall contend no longer; for though I cannot agree that it is a sufficient provision, yet, as other gentlemen, equally able to judge in this subject with myself, are of a different opinion, I shall show my regard for their sentiments by desisting from opposition.
Lord BALTIMORE spoke in substance as follows:—Sir, I am not able to discover any necessity of compromising this debate, by taking the mean between the two different opinions, or for denying to the soldiers what every labourer or serving-man would murmur to be refused for a single day.
I believe, sir, every gentleman, who examines the expense of his family, will find that each of his servants consumes daily at least three quarts of small beer, and surely it is not to be required that a soldier should live in a perpetual state of war with his constitution, and a constant inability to comply with the calls of nature.
General HANDASYD spoke to the following purpose:—Sir, the inclination shown by several gentlemen for a penurious and scanty provision for the soldiers, must, in my opinion, proceed from an inattentive consideration of their pay, and will, therefore, be removed, by laying before them an account of his condition, and comparing his daily pay with his daily expenses.
The whole pay of a foot soldier, sir, is sixpence a-day, of which he is to pay fourpence to his landlord for his diet, or, what is very nearly the same, to carry fourpence daily to the market, for which how small a supply of provisions he can bring to his quarters, especially in time of scarcity, I need not mention.
There remain then only twopence, sir, to be disbursed for things not immediately necessary for the preservation of life, but which no man can want without being despicable to others and burdensome to himself. Twopence a-day is all that a soldier has to lay out upon cleanliness and decency, and with which he is likewise to keep his arms in order, and to supply himself with some part of his clothing. If, sir, after these deductions, he can, from twopence a-day, procure himself the means of enjoying a few happy moments in the year with his companions over a cup of ale, is not his economy much more to be envied than his luxury? Or can it be charged upon him that he enjoys more than his share of the felicities of life? Is he to be burdened with new expenses lest he should hoard up the publick money, stop the circulation of coin, and turn broker or usurer with twopence a-day?
I have been so long acquainted, sir, with the soldier's character, that I will adventure to secure him from the charge of avarice, and to promise that whatever he shall possess not necessary to life, he will enjoy to the advantage of his landlord.
Then the advocate CAMPBELL spoke in substance as follows:—Sir, I am far from intending to oppose this proposal of five pints, though, upon a rigorous examination, it might appear more than the mere wants of nature require; for I cannot but declare that this question has too long engaged the attention of the house, and that the representatives of a mighty nation beset with enemies, and encumbered with difficulties, seem to forget their importance and their dignity, by wrangling from day to day upon a pint of small beer.
I conceive the bill, which we are now considering, sir, not as a perpetual and standing law, to be interwoven with our constitution, or added to the principles of our government, but as a temporary establishment for the present year; an expedient to be laid aside when our affairs cease to require it; an experimental essay of a new practice, which may be changed or continued according to its success.
To allow, sir, five pints of small beer a-day to our soldiers, for a single year, can produce no formidable inconveniency, and may, though it should not be entirely approved, be of less disadvantage to the publick, than the waste of another day.
[An alteration was made to five pints, instead of three quarts; and the bill, thus amended, was ordered to be engrossed, and a few days afterwards, being read a third time, was passed, and ordered to the lords, where it occasioned no debate.]