The Works of Samuel Johnson, LL.D. Volume 10. Samuel Johnson

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СКАЧАТЬ been proper to treat with lenity a delinquent neither obstinate nor malicious.

      But how, sir, can this plea be urged in favour of a man, whose daily employment it has been, for these two years past, to misrepresent the public measures, to disperse scandal, and excite rebellion, who has industriously propagated every murmur of discontent, and preserved every whisper of malevolence from perishing in the birth.

      The proper judge, sir, of this affair, is his majesty's attorney general, who is not now in the house. I am, therefore, for detaining him in custody, and for referring the consideration of farther proceedings against him to that gentleman, whose proper province it is to prosecute for the crown.

      Mr. WALLER spoke next, to the following purpose:—Sir, it is undoubtedly the duty of every man to oppose the introduction of new laws, and methods of oppression and severity, which our constitution does not admit; and what else is the mention of a prisoner's character as an aggravation of his present offence?

      It is well known, and has been already asserted, upon this occasion, that in the lower courts of justice, though the prisoner may plead his character, in his own defence, his prosecutor is not at liberty to produce it to his disadvantage. Even those who are cited to the bar for murder or for treason, are tried only by the evidence of that crime for which they are indicted.

      That this house is not bound to strict forms, and is not accountable for the exercise of its power, is easily granted; but authority cannot change the nature of things, and what is unjust in a lower court, would be in us not less unjust, though it may not be punishable.

      It was replied that this question had been before sufficiently discussed.

      The attorney general not being present, the debate was adjourned to the next sitting.

      On the next day of the session, the lord BARRINGTON proposed, that the adjourned debate might be resumed, and several members interceded for the petitioner, that he might be released; to which it was objected, that it was not proper to release him, unless an information was lodged against him, without which he could not be held to bail; and the question being put, whether he should be released, was determined in the negative.

      At the sixth sitting, the author of the libel, who was committed to the common prison of Middlesex, petitioned the house to permit him to implore pardon on his knees, and promising, by the strongest and most solemn assurances, not to offend again, was ordered to be discharged the next day, paying his fees.

      On the forty-seventh sitting, the printer of the daily paper again petitioned the house, representing, that he most heartily bewailed his offence, that he was miserably reduced by his confinement, having borrowed money of all his friends to support himself, his wife, and children, and praying the mercy of the house. He was then ordered to be discharged, paying his fees, and giving security for his appearance to answer the prosecution.

      On the eighty-fifth day, Mr. George Heathcote offered another petition for the said printer, and represented, that the fees amounting to one hundred and twenty-one pounds, he was not able to pay them, that, therefore, he hoped the house would consider his case; but the petition was not allowed to be brought up. On which he remained in custody fourteen days longer, till the end of the session, and, the authority of the senate ceasing, had his liberty without paying any fees.

      HOUSE OF COMMONS, DEC. 4-11, 1740

ON INCORPORATING THE NEW-RAISED MEN INTO THE STANDING REGIMENTS

      On the 4th of December, sir William YONGE, secretary at war, having presented to the house of commons an estimate of the expense of raising ten thousand men, the same was taken into consideration in a committee on the supply, and after debate agreed to. At the report of this proceeding, on the 11th, another debate happened on a motion that the new-raised men should be incorporated into the standing regiments, etc.

      As in these two debates the arguments were the same, they are thrown into one, to prevent unnecessary repetitions.

      Sir William YONGE opened the debate with respect to what he had delivered in the estimate, after the manner following:—Sir, as this estimate has been drawn up after very accurate calculations and careful inquiries, I hope that no objections will be raised against it, and that the sum necessary for raising the new regiments will be very readily granted by that house, which voted the war necessary for which they are designed.

      I hope it will be admitted as some proof of frugality, that this estimate requires less money than one that was laid before the senate in the reign of king William; for if it be considered, that since that time, the necessaries of life are become dearer, and that, therefore, all expenses are increased, it will appear to be the effect of the exactest economy, that the sum required for the same service is less.

      I have heard, indeed, sir, that in conversation, the method of raising troops on this occasion has been censured as improper, and that in the opinion of some, whose judgment cannot be entirely disregarded, it would be more reasonable to add more men to our regiments already established, than to raise new regiments with new officers.

      The chief argument, sir, produced in support of their method of augmentation, is drawn from the necessity of publick frugality, a very popular topick, which never fails to produce favour and attention; for every man is naturally inclined to hear his friend, and to consider that man as performing the office of friendship, who proposes methods of alleviating his taxes.

      Frugality is undoubtedly a virtue very necessary to the happiness of the nation, and such as there occur frequent occasions of inculcating to those who are intrusted with the superintendence of publick disbursements, but I am far from thinking that this estimate affords any opportunity for declamations of this kind, and am of opinion that the addition of new soldiers to each regiment, would, in reality, be more expensive.

      It cannot be denied, sir, that by augmenting the regiments, there would be immediately saved to the publick the expense of the officers which are necessary in the method now proposed; but it is to be considered how much the number of officers contributes to the regularity and discipline of the troops, and how much discipline and order promote their success. It is to be considered, sir, that the most successful method of making war is undoubtedly the cheapest, and that nothing is more expensive than defeats.

      If by raising the same number of men under fewer officers, we should give our enemies any advantage, if a single party should be cut off, a garrison forced, an expedition rendered fruitless, or the war protracted but a few months, where will be the advantage of this admired frugality? What would be the consequence, but the same or a greater expense, not to gain advantages, but to repair losses, and obviate the effects of our former parsimony?

      In private life, sir, it is common for men to involve themselves in expense, only by avoiding it; to repair houses at greater charges than new ones might be built, and to pay interest, rather than the debt. Weak minds are frighted at the mention of extraordinary efforts, and decline large expenses, though security and future affluence may be purchased by them; as tender bodies shrink from severe operations, though they are the certain methods of restoring health and vigour. The effects of this timidity are the same in both cases, the estate is impaired insensibly, and the body languishes by degrees, till no remedy can be applied.

      Such examples, sir, are frequent, and the folly of imitating them is therefore greater, for who would pursue that track by which he has seen others led to destruction? Nor need we search for remote illustrations to discover the destructive tendency of unseasonable tenderness for the publick, for I believe the whole history of the wars of king William will prove, that too close an attention to parsimony is inconsistent with great achievements.

      It may be expected that I, who cannot claim any regard in this disquisition, from my own experience, should produce some decisive evidence in favour of the method which I have taken upon me to defend; this expectation СКАЧАТЬ