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

This interpretation was, as I suppose, from its apparent consonance to reason, universally allowed, till the inhabitants of Ledbury, whither soldiers had been sent to suppress a riot and enforce the laws, found their apprehensions so sharpened by their malice, that they discovered in the act an ambiguity, which had, till that time, escaped the penetration of the most sagacious, and, upon comparison of one circumstance with another, found themselves under no obligation to give any assistance to the soldiers.

They therefore, sir, not only refused to afford them victuals at the accustomed rates, but proceeding from one latitude of interpretation to another, at length denied them not only the privilege of diet, but the use of kitchen utensils, to dress the provisions which they bought for themselves, and at last denied their claim to the fire itself.

The soldiers, exasperated not only at the breach of their established and uncontested privileges, but at the privation of the necessaries of life, began to think of methods more speedy and efficacious than those of arguments and remonstrances, and to form resolutions of procuring by force, what, in their opinions, was only by force withheld from them.

What might have been the event of this controversy, to what extremities a contest about things so necessary might have been carried, how wide the contest might have spread, or how long it might have lasted, we may imagine, but cannot determine; had not a speedy decision been procured, its consequences might have been fatal to multitudes, and a great part of the nation been thrown into confusion.

Having received an account of the affair from the officers who commanded at that place, I consulted the attorney-general what was the design of the law, and the extent of the obligation enforced by it, and was answered by him, that the sums which were to be paid for the diet of the men, and the hay and straw for the horses, being specified, it must necessarily be intended, by the legislature, that no higher rates should be demanded;—that the power granted to the justices of peace was wholly in favour of the soldier, and that they might lessen the payment at discretion in places of uncommon cheapness, or years of extraordinary plenty, but could not increase it on any occasion.

Another dispute, sir, of the like nature was occasioned by the late scarcity at Wakefield, where the justices, upon the application of the innkeepers, made use of the authority which they supposed to have been reposed in them by the act, and raised the price of hay and straw to eight-pence, which the soldiers were not able to pay, without suffering for want of victuals.

On this occasion, likewise, I was applied to, and upon consulting the present attorney-general, received the same answer as before; and transmitting his opinion to the place from whence I received the complaint, it had so much regard paid to it, that the additional demand was thence-forward remitted.

The letters which those two learned lawyers sent to me on this subject I have now in my hand; and hope their opinion will be thought sufficient authority for the interpretation of an act of the senate.

Nor is their authority, sir, however great, so strong a proof of the justness of this interpretation, as the reasonableness, or rather necessity of admitting it. The only argument that can be produced against it, is the hardship imposed by it on the innholder, who, as it is objected, must be obliged by the law, so understood, to furnish the soldiers with provisions for a price at which he cannot afford them.

But let it be considered, how much more easily the landlord can furnish them at this price, than they can provide for themselves, and the difficulty will immediately vanish. If soldiers are necessary, they must necessarily be supported, and it appears, upon reflection, that their pay will not support them by any other method. If they are obliged to buy their victuals, they must likewise buy fire and implements to dress them; and what is still a greater hardship, they must sell them, and buy new, at every change of their quarters; if this is impossible, it will be allowed not to be the meaning of the senate, upon whose wisdom it would be a censure too severe to suppose them capable of enacting impossibilities.

But to the innholder, sir, whose utensils are always in use, and whose fire is always burning, the diet of a soldier costs only the original price paid to the butcher; and, in years of common plenty, may be afforded, without loss, at the price mentioned in the act. It cannot, indeed, be denied, that, at present, every soldier is a burden to the family on which he is quartered, in many parts of the kingdom; but, it may be reasonably hoped, that the present scarcity will quickly cease, and that provisions will fall back to their former value; and even, amidst all the complaints with which the severity and irregularity of the late seasons have filled the nation, there are many places where soldiers may be maintained at the stated rates, with very little hardship to their landlords.

However, sir, as this interpretation of the act, though thus supported, both by authority and reason, has been disputed and denied; as some lawyers may be of a different opinion from those whom I have consulted; and as it is not likely that the practice, thus interrupted, will now be complied with as a prescription; I think it necessary to propose, that the price of a soldier's diet be more explicitly ascertained, that no room may remain for future controversies.

Mr. SANDYS then rose, and spoke as follows:—Sir, I am very far from thinking the authority of these learned gentlemen, whose letters are produced, incontrovertible proof of the justness of an interpretation of an act of the senate, where that interpretation is not in itself warranted by reason, nor consistent with the preservation or enjoyment of property. Much less shall I agree to support their interpretation by a new law; or establish, by an act of the legislature, a kind of oppression, for which, however tacitly submitted to, nothing could be pleaded hitherto but custom.

The burden, sir, of a standing army, is already too heavy to be much longer supported, nor ought we to add weight to it by new impositions; it surely much better becomes the representatives of the nation to attend to the complaints of their constituents; and where they are found to arise from real grievances, to contrive some expedient for alleviating their calamities.

A heavy and dreadful calamity, sir, lies now, in a particular manner, upon the people; the calamity of famine, one of the severest scourges of providence, has filled the whole land with misery and lamentation; and, surely, nothing can be more inhuman than to choose out this season of horrour for new encroachments on their privileges, and new invasions of the rights of nature, the dominion of their own houses, and the regulation of their own tables.

The honourable gentleman, sir, has mentioned places where provisions, as he says, are still to be bought at easy rates. For my part, I am fixed in no such happy corner of the kingdom; I see nothing but scarcity, and hear nothing but complaints; and shall, therefore, be very far from admitting now such methods of supporting the army, as were thought too burdensome in times of plenty; nor will combine in laying a new tax upon any class of my countrymen, when they are sinking under an enormous load of imposts, and in want of the necessaries of life.

Sir William YONGE replied, in the manner following:—Sir, nothing is more easy than outcry and exaggeration; nor any thing less useful for the discovery of truth, or the establishment of right. The most necessary measures may often admit of very florid exclamations against them, and may furnish very fruitful topicks of invective.

When our liberties, sir, are endangered, or our country invaded, it may be very easy, when it is proposed that we should have recourse to our swords for security, to bewail, in pathetick language, the miseries of war, to describe the desolation of cities, the waste of kingdoms, the insolence of victory, and the cruelty of power inflamed by hostilities. Yet to what will those representations contribute, but to make that difficult which yet cannot be avoided, and embarrass measures which must, however, be pursued.

Such, sir, appear to me to be the objections made to the methods now proposed of providing necessaries for the soldiers; methods not eligible for their own sake, but which ought not to be too loudly condemned, till some better can be substituted; for why should the publick be alarmed with groundless apprehensions? or why should we make those laws which our affairs oblige us to enact, less agreeable to the people by partial representations?

In the discussion of this question, sir, is to be considered whether soldiers are to be supported, and whether it will be more proper to maintain them by the method of ascertaining the rates at which they are to be supplied, or by increasing their pay.

One of these two ways it is necessary to take; the provisions are already fixed at as high a price as their pay will allow; if, therefore, they are expected to pay more, their wages must be increased.

For my part, I shall comply with either method; though I cannot but think it my duty to declare, that, in my opinion, it is safer to fix the price of provisions, which must sink in their value, than to raise the pay of the army, which may never afterwards be reduced.

Mr. GYBBON then spoke, to this effect:—Sir, I agree with the honourable gentleman, that if soldiers are necessary, we must make provision for their support. This is indisputably certain; but it is no less certain, that where soldiers are necessary, restraints and regulations are necessary likewise, to preserve those from being insulted and plundered by them, who maintain them for the sake of protection.

The usefulness, sir, of this caution seems not to be known, or not regarded, by the gentleman whose proposal gave occasion to this debate; for, by enacting laws in general terms, as he seems to advise, we should leave the unhappy innkeeper wholly at the mercy of his guests, who might plunder and insult him under the protection of the legislature, might riot, as in a conquered country, and say, "To this treatment you are subjected by the determination of the senate."

The unhappy man, sir, could have no prospect, either of quiet or safety, but by gratifying all the expectations of his masters; returning civilities for insolence, and receiving their commands with the same submission that is paid in capitulating towns to the new garrison.

If it be necessary to ascertain the price, is it not necessary, at the same time, to ascertain the species and quantity of provisions to be allowed for it? Is a soldier to fatten on delicacies, and to revel in superfluities, for fourpence a-day? Ought not some limits to be set to his expectations, and some restraints prescribed to his appetite? Is he to change his fare, with all the capriciousness of luxury, and relieve, by variety, the squeamishness of excess?

Such demands as these, sir, may be thought ludicrous and trifling, by those who do not reflect on the insolence of slaves in authority, who do not consider that the license of a military life is the chief inducement that brings volunteers into the army; an inducement which would, indeed, make all impresses superfluous, were this proposal to be adopted: for how readily would all the lazy and voluptuous engage in a state of life which would qualify them to live upon the labour of others, and to be profuse without expense?

Our army may, by this method, be increased; but the number of those by whom they are to be maintained, must quickly diminish: for, by exaction and oppression, the poorer innkeepers must quickly become bankrupts; and the soldiers that lose their quarters, must be added to the dividend allotted to the more wealthy, who, by this additional burden will soon be reduced to the same state, and then our army must subsist upon their pay, because they will no longer have it in their power to increase it by plunder.

It will then be inevitably necessary to divide the army from the rest of the community, and to build barracks for their reception; an expedient which, though it may afford present ease to the nation, cannot be put in practice without danger to our liberties.

The reason, for which so many nations have been enslaved by standing armies, is nothing more than the difference of a soldier's condition from that of other men. Soldiers are governed by particular laws, and subject to particular authority; authority which, in the manner of its operation, has scarcely any resemblance of the civil power. Thus, they soon learn to think themselves exempt from all other laws; of which they either do not discover the use, and, therefore, easily consent to abolish them; or envy the happiness of those who are protected by them, and so prevail upon themselves to destroy those privileges which have no other effect, with regard to them, but to aggravate their own dependence.

These, sir, are the natural consequences of a military subjection; and if these consequences are not always speedily produced by it, they must be retarded by that tenderness which constant intercourse with the rest of the nation produces, by the exchange of reciprocal acts of kindness, and by the frequent inculcation of the wickedness of contributing to the propagation of slavery, and the subversion of the rights of nature; inculcations which cannot be avoided by men who live in constant fellowship with their countrymen.

But soldiers, shut up in a barrack, excluded from all conversation with such as are wiser and honester than themselves, and taught that nothing is a virtue but implicit obedience to the commands of their officer, will soon become foreigners in their own country, and march against the defenders of their constitution, with the same alacrity as against an army of invaders ravaging the coasts; they will lose all sense of social duty, and of social happiness, and think nothing illustrious but to enslave and destroy.

So fatal, sir, will be the effects of an establishment of barracks, or petty garrisons, in this kingdom; and, therefore, as barracks must be built when innkeepers are ruined, and our concurrence with this proposal must produce their ruin, I hope it-will not be necessary to prove by any other argument, that the motion ought to be rejected.

Mr. PELHAM spoke next, in terms to this purpose:—Sir, though I am not inclined, by loud exaggerations and affected expressions of tenderness, to depress the courage or inflame the suspicions of the people, to teach them to complain of miseries which they do not feel, or ward against ill designs, which were never formed, yet no man is more really solicitous for their happiness, or more desirous of removing every real cause of fear and occasion of hardships.

This affection to the people, an affection steady, regular, and unshaken, has always prompted me to prefer their real to their seeming interest, and rather to consult the security of their privileges than the gratification of their passions; it has hitherto determined me to vote for such a body of troops, as may defend us against sudden inroads and wanton insults, and now incites me to propose that some efficacious method may be struck out for their support, without exasperating either the soldiers or their landlords by perpetual wrangles, or adding to the burden of a military establishment the necessity of contentions in courts of law.

I know not with what view those have spoken, by whom the proposal first made has been opposed; they have, indeed, produced objections, some of which are such as may be easily removed, and others such as arise from the nature of things, and ought not, therefore, to be mentioned, because they have no other tendency than to inflame the minds of those that hear them against an army, at a time when it is allowed to be necessary, and prove only what was never denied, that no human measures are absolutely perfect, and that it is often impossible to avoid a greater evil, but by suffering a less.

The question before us, sir, is in its own nature so simple, so little connected with circumstances that may distract our attention, or induce different men to different considerations, that when I reflect upon it, I cannot easily conceive by what art it can be made the subject of long harangues, or how the most fruitful imagination can expatiate upon it.

It is already admitted that an army is necessary; the pay of that army is already established; the accidental scarcity of forage and victuals is such, that the pay is not sufficient to maintain them; how then must the deficiency be supplied? It has been proposed, either to fix the price of provisions with respect to them, or to advance their wages in some proportion to the price of provisions. Both these methods seem to meet with disapprobation, and yet the army is to be supported.

Those who reason thus, do surely not expect to be answered, or at least expect from a reply no other satisfaction than that of seeing the time of the session wasted, and the administration harassed with trivial delays; for what can be urged with any hope of success to him who will openly deny contradictory propositions, who will neither move nor stand still, who will neither disband an army nor support it?

Whether these gentlemen conceive that an army may subsist without victuals till the time of scarcity is over, or whether they have raised those forces only to starve them, I am not sagacious enough to conjecture, but shall venture to observe, that if they have such a confidence in the moderation and regularity of the soldiers, as to imagine that they will starve with weapons in their hands, that they will live within the sight of full tables, and languish with hunger, and perish for want of necessaries, rather than diminish the superfluities of others, they ought for ever to cease their outcries about the licentiousness, insolence, and danger of a standing army.

But, not to sink into levity unworthy of this assembly, may I be permitted to hint that these arts of protracting our debates, are by no means consistent with the reasons for which we are assembled, and that it is a much better proof, both of ability and integrity, to remove objections, than to raise them, and to facilitate, than to retard, the business of the publick.

The proposal made at first was only to elucidate a law which had been regularly observed for fifty years, and to remove such ambiguities as tended only to embarrass the innholders, not to relieve them.

To this many objections have been made, and much declamation has been employed to display the hardships of maintaining soldiers, but no better method has been yet discovered, nor do I expect that any will be started not attended with greater difficulties.

In all political questions, questions too extensive to be fully comprehended by speculative reason, experience is the guide which a wise man will follow with the least distrust, and it is no trivial recommendation of the present method, that it has been so long pursued without any formidable inconvenience or loud complaints.

Hardships, even when real, are alleviated by long custom; we bear any present uneasiness with less regret, as we less remember the time in which we were more happy: at least, by long acquaintance with any grievance we gain this advantage, that we know it in its whole extent, that it cannot be aggravated by our imagination, and that there is no room for suspecting that any misery is yet behind more heavy than that which we have already borne.

Such is the present state of the practice now recommended to this assembly, a practice to which the innkeepers have long submitted, and found it at least tolerable, to which they knew themselves exposed when they took out a license for the exercise of that profession, and which they consider as a tax upon them, to be balanced against the advantages which they expect from their employment.

This tax cannot be denied at present to be burdensome in a very uncommon degree, but this weight has not been of long continuance, and it may be reasonably hoped that it will now be made every day lighter. It is, indeed, true, that no unnecessary impositions ought to be laid upon the nation even for a day; and if any gentleman can propose a method by which this may be taken off or alleviated, I shall readily comply with his proposal, and concur in the establishment of new regulations.

With regard to barracks, I cannot deny that they are justly names of terrour to a free nation, that they tend to make an army seem part of our constitution, and may contribute to infuse into the soldiers a disregard of their fellow-subjects, and an indifference about the liberties of their country; but I cannot discover any connexion between a provision for the support of soldiers in publick-houses, in a state of constant familiarity with their countrymen, and the erection of barracks, by which they will be, perhaps for ever, separated from them, nor can discover any thing in the method of supporting them now recommended that does not tend rather to the promotion of mutual good offices, and the confirmation of friendship and benevolence.

The advocate CAMPBELL next spoke, in substance as follows:—Sir, whence the impropriety of raising objections to any measures that are proposed is imagined to arise I am unable to discover, having hitherto admitted as an incontrovertible opinion, that it is the duty of every member of this assembly to deliver, without reserve, his sentiments upon any question which is brought before him, and to approve or censure, according to his conviction.

If it be his duty, sir, to condemn what he thinks dangerous or inconvenient, it seems by no means contrary to his duty, to show the reason of his censure, or to lay before the house those objections which he cannot surmount by his own reflection. It certainly is not necessary to admit implicitly all that is asserted; and to deny, or disapprove without reason, can he no proof of duty, or of wisdom; and how shall it be known, that he who produces no objections, acts from any other motives, than private malevolence, discontent, or caprice?

Nor is it, sir, to be imputed as a just reason for censure to those who have opposed the motion, that no other measures have been offered by them to the consideration of the committee. It is necessary to demolish a useless or shattered edifice, before a firm and habitable building can be erected in its place: the first step to the amendment of a law is to show its defects; for why should any alteration be made where no inconveniency is discovered?

To the chief objection that was offered, no answer has yet been made, nor has the assembly been informed how the innkeeper shall be able to discover when he has paid the tax which this law lays upon him. This is, indeed, a tax of a very particular kind, a tax without limits, and to be levied at the discretion of him for whose benefit it is paid. Soldiers quartered upon these terms, are more properly raising contributions in an enemy's country, than receiving wages in their own.

Is it intended, by this motion, that the innkeepers shall judge what ought to be allowed the soldier for his money? I do not see, then, that any alteration is proposed in the present condition of our army; for who has ever refused to sell them food for their money at the common price, or what necessity is there for a law to enforce a practice equally to the advantage of all parties? If it be proposed that the soldier shall judge for himself, that he shall set what value he shall think fit on his own money, and that he shall be at once the interpreter and executioner of this new law, the condition of the innkeeper will then be such as no slave in the mines of America can envy, and such as he will gladly quit for better treatment under the most arbitrary and oppressive government.

Nor will the insolence of the soldier, thus invested with unlimited authority, thus entitled to implicit obedience, and exalted above the rest of mankind, by seeing his claim only bounded by his own moderation, be confined to his unhappy landlord. Every guest will become subject to his intrusion, and the passenger must be content to want his dinner, whenever the lord of the inn shall like it better than his own.

That these apprehensions, sir, are not groundless, may be proved from the conduct of these men, even when the law was not so favourable to their designs; some of them have already claimed the sole dominion of the houses in which they have been quartered, and insulted persons of very high rank, and whom our ancient laws had intended to set above the insults of a turbulent soldier. They have seen the provisions which they had ordered taken away by force, partly, perhaps, to please the appetite of the invader, and partly to gratify his insolence, and give him an opportunity of boasting among his comrades, how successfully he blustered.