It has been objected by the noble lord, that they are directed to be
careened _oftener, if there be occasion_; terms by which a discretionary
power is implied, of which yet it does not appear in whose hands it is
lodged. Let us consider, my lords, what inconvenience can arise from the
clause as it now stands, and what corruption or negligence can be
encouraged by it.
The discretionary right of bringing the ship into the ports to be
careened oftener than thrice a-year, must be, without controversy,
placed in the captain; for none but those that are in the ship can
discover the necessity of careening it, or know the inconveniencies that
are produced by the adhesion of extraneous substances to its sides and
bottom.
I own, my lords, it may be objected, that every captain will, by this
clause, be furnished with an excuse for deserting his station at
pleasure; that under pretence of uncommon ardour to pursue the enemy, he
may waste his time in endless preparations for expedition; that he may
loiter in the port to careen his ship; that before it is foul he may
bring it back again, and employ the crew in the same operation; and that
our merchants may be taken at the mouth of the harbours in which our
ships of war lie to be careened.
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