On this occasion, my lords, it may not be improper to obviate the
objection produced by the seeming omission of penal sanctions, which is
only another proof of implicit confidence in the officers of the
admiralty, who have already the power, allowed to military courts, of
proceeding against those who shall deviate from their orders. This
power, which is in a great degree discretionary, it was thought improper
to limit, by ascertaining the punishment of crimes, which so many
circumstances may aggravate or diminish; and, therefore, in my opinion,
this clause is far from being so defective as the noble lord represented
it.
The last three clauses, by which the ships in America are prohibited to
leave their station, by which it is required that accounts should be
once in six months transmitted to the admiralty, and by which the
captains are subjected to the command of the governours of our colonies,
are, in my opinion, justly to be censured. The first is impossible to be
observed, the second is unnecessary, and the third will probably produce
more inconveniencies than benefits.
Thus, my lords, I have endeavoured to show, that this bill, though not
perfect, is yet such as, with some emendations, may produce great
advantages to the traders of this empire.
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