Lord TYRCONNEL made a motion for bringing in a bill for the better cleansing and paving the streets of Westminster, and the liberties thereof; in support of which motion he spoke to the following purpose:—

Sir, though the grievance which I am about to lay before the house is not of the most formidable or dangerous kind, yet as it is such as grows every day greater, and such as every day endangers the lives of thousands, I hope it will not be thought useless or improper to propose it to the consideration of this assembly, to offer my thoughts on the methods by which it may be most easily removed, and to endeavour to incite others to the same considerations.

It is impossible, sir, to come to this assembly, or to return from it without observations on the present condition of the streets of Westminster; observations forced upon every man, however inattentive, or however engrossed by reflections of a different kind.

The warmest zeal for publick happiness, the most anxious vigilance against general dangers, must, I believe, sometimes give way to objects of immediate, though of less importance, nor will the most publick-spirited senators deny, that they have often been in the streets alarmed with obstructions, or shocked with nuisances.

The filth, sir, of some parts of the town, and the inequality and ruggedness of others, cannot but in the eyes of foreigners disgrace our nation, and incline them to imagine us a people, not only without delicacy, but without government, a herd of barbarians, or a colony of hottentots.

The most disgusting part of the character given by travellers, of the most savage nations, is their neglect of cleanliness, of which, perhaps, no part of the world affords more proofs, than the streets of the British capital; a city famous for wealth, and commerce, and plenty, and for every other kind of civility and politeness, but which abounds with such heaps of filth, as a savage would look on with amazement.

If that be allowed which is generally believed, that putrefaction and stench are the causes of pestilential distempers, the removal of this grievance may be pressed from motives of far greater weight than those of delicacy and pleasure; and I might solicit the timely care of this assembly for the preservation of inuumerable multitudes, and intreat those, who are watching against slight misfortunes, to unite their endeavours with mine, to avert the greatest and most dreadful of calamities.

Not to dwell, sir, upon dangers, which may, perhaps, be thought only imaginary, I hope that it will be at least considered, how much the present neglect of the pavement is detrimental to every carriage, whether of trade, or pleasure, or convenience, and that those who have allowed so much of their attention to petitions, relating to the roads of the kingdom, the repair of some of which is almost every session thought of importance sufficient to produce debates in this house, will not think the streets of the capital alone unworthy of their regard.

That the present neglect of cleansing and paving the streets is such as ought not to be borne, that the passenger is every where either surprised and endangered by unexpected chasms, or offended or obstructed by mountains of filth, is well known to every one that has passed a single day in this great city; and that this grievance is without remedy is a sufficient proof that no magistrate has, at present power to remove it; for every man's private regard to his own ease and safety, would incite him to exert his authority on this occasion.

I humbly propose, therefore, that a bill may be brought into the house, to enable his majesty's justices of peace for the liberties of Westminster, to inspect the publick ways of this city, and punish the neglect of cleansing and paving them; or that a new officer be appointed, and vested with full authority for the same purpose.

Mr. SANDYS spoke next, to this effect:—Sir, I believe the grievance, so much complained of by the right honourable member, is not difficult to be removed without a new act of the legislature, being, perhaps, more properly to be imputed to the negligence of the justices, than a defect of their authority; for they have already sufficient power to regulate this disorder: and I may be allowed to hope, sir, that they do not want leisure to observe it, for their number is so great, that if we suppose them to be wholly engaged by the common business of their office, a foreigner would have occasion of reproaching us with defects more important than want of delicacy, and might justly censure us as a people corrupt beyond the common rate of human wickedness, a nation divided only into two classes, magistrates and criminals.

But they, in reality, abound so much among us, that most of them are only nominal magistrates, vested with authority which they never exert, or exert to bad purposes, and which it were well if they were obliged to employ in the real service of their country, by superintending the paviers and the scavengers.

For this reason it is unnecessary to erect a new officer, as an inspector of our streets, since every office that is not necessary is pernicious. Were the consequences of this grievance such as they have been represented, I should, perhaps, willingly erect a new office, though I should not be surprised to hear the wisest man declare rather for a pestilence than an increase of officers.

As I neither think the grievance insupportable, nor the methods proposed for removing it necessary or proper, I declare myself against the motion.

Lord GAGE spoke in the following manner:—Sir, as the grievance cannot be denied to be real, and the motion, therefore, may reasonably be imagined to have been made without any other intention than of benefiting the publick by an useful law, I cannot discover any sufficient reason for a rejection so peremptory and contemptuous.

That every man is disgusted, and almost every man daily endangered in our streets, has not been denied; nor will any man, I suppose, question what, if he has not yet experienced it, he may, perhaps, be fully convinced of, in his next visit or excursion.

Those evils, which every man feels, though slight, are worthy of the attention of the legislature; and that danger that threatens multitudes, though distant, ought to be averted: for a small disorder, like a small expense, when it extends to multitudes, becomes a national affair.

But though this motion may, perhaps, be liable to some objections, there is, certainly, no such absurdity to be found in it, as may justify us in rejecting it without examination; to reject a motion when it is first offered, is a proof of prejudice, next to that of rejecting it unheard; it is to determine a question, before it is discussed, or can be fully understood.

Mr. SANDYS replied, in substance as follows:—Sir, I cannot but differ very widely in opinion from the right honourable member that spoke last, with regard to the propriety of opposing a motion when it is first made; a practice, which I can by no means think inconsistent with either decency or prudence, and which would, perhaps, be of use to the publick, if it was more frequent.

When any motion is made, it is subjected to the consideration of this assembly, and every member is at full liberty to examine and discuss it. If it appears to deserve farther attention, it may be admitted, but if the subject be either improper or unseasonable, or the measures proposed injudicious or dangerous, it is then to be rejected; and if it is at last to be rejected, it is apparent that no time ought to be thrown away upon it.

The hours, and days, and weeks, that have been improfitably spent upon bills which after all our endeavours could not be passed; the delays of real benefits to the publick, which have been produced by long pursuits of shadowy advantages, have inclined me to a more expeditious method of proceeding, and determined me speedily to reject what I cannot hope to amend.

[The question being put, passed in the negative, 142 against 109.]

HOUSE OF COMMONS, FEB. 27, 1740-1

DEBATE ON THE SECOND READING OF A BILL TO PREVENT

INCONVENIENCIES ARISING FROM INSURANCE OF SHIPS

The bill being read, sir John BARNARD spoke thus:—Sir, there cannot be brought before this house any questions more difficult in themselves, more entangled with a multiplicity of relations, or more perplexed with an endless diversity of circumstances, than those which relate to commercial affairs; affairs on which the most experienced often disagree, and on which the most sagacious may deceive themselves with erroneous conjectures.

There are no questions, sir, which require so much personal knowledge of the subject to which they relate, nor is there any subject with which so few gentlemen in this house have had opportunities of being acquainted. There are no questions, sir, which their variety of relations to different persons exposes to be so easily misrepresented without detection, nor any in which the opposition of particular interests so much incites a false representation. In all these cases, deceit is easy, and there is a strong temptation to deceive.

Nor are these questions, sir, always perplexed by intentional fraud, or false assertions, of which they that utter them are themselves conscious.

Those who deceive us, do not always suppress any truth of which they are convinced, nor set facts before us in any other light, than that in which themselves behold them; they for the most part err with an honest intention, and propagate no mistakes but those which they have themselves admitted.

Of this kind, sir, are, doubtless, the measures proposed in the bill before us, which those by whom they are promoted may easily think to be of benefit to the publick, but which, I believe, will appear the result of imperfect views, and partial consideration.

The great and fundamental errour, sir, of the patrons of this bill, seems to be an opinion that the practice of insuring is not known to other nations, nor can be carried on in any other place; and from this principle they deduce consequences, which, if they were inevitably certain, might easily influence us to an immediate approbation of the bill, as necessary to secure our commerce, and distress our enemies.

They conclude, sir, with sufficient justness, that very few merchants would hazard their fortunes in long voyages or distant commerce, or expose themselves to the dangers of war, without the security which insurances afford them; and having persuaded themselves that such security is to be obtained from no other nation, they imagine that we might, by prohibiting it, confine all the foreign vessels in their ports, and destroy, by one resolution, the trade of both our rivals and our enemies.

That our East India company may desire the ratification of this bill, I cannot deny, because they might, perhaps, receive from it some temporary advantage by the short inconveniencies which those whom they consider as the enemies of their commerce would feel from it. They may desire it, because the experiment, if it fails, as it must, cannot injure them; and if it succeeds, may produce great advantages to them: they may wish it, because they will feel the immediate benefit, and the detriment will fall upon others.

I shall not inquire whether our merchants are inclined to look with malevolence on all those who cultivate the same branches of commerce with themselves, though they have neither the violation of natural rights, nor the infringement of national treaties, to complain of. I should be unwilling to suspect a British merchant, whose acquaintance with the constitution of his own country ought to show him the value of liberty, who ought to be above narrow schemes, by the knowledge which his profession enables him to gain, of a desire to encroach upon the rights of others, or to engross the general benefits of nature; and shall only observe, that several other nations can plead a claim to the East India trade, a claim of equal validity with our own; that the Danes have their settlement there, and that the Portuguese discovered the way to those regions of wealth, from which some, perhaps, are inclined to exclude them.

But nothing is more vain than to attempt to exclude them by refusing to ensure their ships, because the opinion that they can be insured by no other nation is entirely without foundation. There are at this time offices of insurance along the whole coasts of the midland sea, among the Dutch, and even among the French. Nothing can debar any nation from the trade of insurance but the want of money; and that money is not wanted by foreigners for this purpose, appears from the great sums which they have deposited in our funds.

That this trade is now carried on chiefly by this nation, though not solely, is incontestable; but what can be inferred from that, but that we ought not to obstruct our own gain; that we ought not to make a law to deprive ourselves of that advantage of which either favourable accidents or our own sagacity have put us in possession.

For this reason it appears that it would not contribute to the wealth of the publick to debar us from insuring the ships even of those with whom we are at war, for it is always to be remembered that they will receive no detriment from such prohibitions, nor will feel any other consequence from them than a necessity of transferring to some other nation the profit which we receive from it.

What the profit is which arises to the nation from the trade of insurance it is not possible exactly to determine, but that the trade is really advantageous may be reasonably conceived, because after many years' experience it is diligently followed, and a law was never necessary to prohibit the pursuit of a business by which nothing was to be gained. But could the gain of the insurer be a doubtful point, there is a certain advantage to the nation by the money paid for commission, brokerage, stamps, and the credit of the premium deposited here.

I might add, sir, another considerable sum yearly arising to the government from the additional letters, occasioned by this trade, which increase the revenues of the post-office, without any deduction for additional charge.

That the loss of this profit, and the gain of insuring, will ensue upon the ratification of this bill, cannot be denied; nor does it appear, that this loss will be counterbalanced by any advantage that will be gained over our rivals or our enemies.

Whether this bill, sir, would produce to the merchants of that city by which it is promoted, the advantages which they expect from it, or remove any of the grievances of which they complain, I am not able positively to determine; but know, that it is not uncommon for merchants, as well as other men, to confound private with publick grievances, and to imagine their own interest the interest of the nation.

With regard, sir, to the practice of insuring, interest or no interest, as the term is, when an imaginary value is put upon the ship or cargo, often much above its real worth, it cannot be denied, that some opportunities may be given by it for wicked practices. But there will always be circumstances in which there can be no security against frauds, but common faith; nor do I see how we can secure the insurers against the possibility of being defrauded.

I cannot, indeed, discover, sir, how this method of insuring can be prevented; for how can the value of a cargo be estimated, which is to be collected in a long voyage, at different ports, and where the success of the adventurers often depends upon lucky accidents, which are, indeed, always hoped for, but seldom happen. An imaginary value must, therefore, be fixed upon, when the ship leaves the port; because the success of that voyage cannot be foreknown, and the contracting parties may be safely trusted to set that value, without any law to direct or restrain them.

If the merchants are oppressed by any peculiar inconveniencies, and can find means of redressing them without injuring the publick commerce, any proposal for that purpose ought to be favourably received; but as the bill now before us proposes general restraints, and proposes to remove grievances which are not felt, by remedies, which those upon whom they are to operate, do not approve, I think it ought not to be referred to a committee, but rejected.

Mr. SOUTHWELL spoke next, in terms to this purpose:—Sir, when I first proposed this bill to the house, I lamented the absence of that honourable gentleman, from whose discussions and arguments I expected great information; and for whose judgment, in all commercial questions, I have the highest esteem, as his penetration not only enables him to discover the consequences of methods which have not yet been tried, but as his extensive acquaintance with many branches of trade, cannot but have informed him of the success of many expedients tried, as well in other nations as our own, for the advancement of it.

Trade, sir, is a subject, of which it has been justly observed, that very few gentlemen have attained knowledge sufficient to qualify themselves to judge of the propriety of any new regulation; and I cannot but confess, that I have no uncommon skill in these questions. What I have to offer on this occasion, has been suggested to me, not so much by my own observations, as by the intelligence which I have very industriously sought, and by which, as I endeavoured to inquire of those whose opinion was least likely to be perverted by their interest, I hope I have not been misled.

The merchants, sir, to whom it has been my fortune to apply, have generally concurred in the opinion that the present practice of insuring is prejudicial to our commerce, nor have I found any disagreement between my constituents and the traders of this great metropolis.

I am unwilling to imagine that there can be any evil for which the wisdom of this assembly cannot discover a remedy, and am, therefore, of opinion, that if the grievance is real, some expedient may be discovered for removing it; and that it is real, I cannot but be convinced by the declarations of so many men, who can have no interest in complaining when they suffer nothing, and whose known abilities exempt them from the suspicion of imputing any part of their uneasiness to a cause which cannot produce it.

The bill before us, sir, requires, in my opinion, some amendments, and in its present state might, perhaps, produce more detriment than advantage; but since it is necessary at least to attempt something for the relief of men so useful to this nation, it appears to me necessary to form a committee, and to deliberate on this subject with more attention.

Mr. LOCKWOOD spoke next, to the following effect:—Sir, though I am not of opinion that the bill in its present state ought to be passed into a law, yet I am far from thinking it so imperfect as not easily to be amended, and, therefore, am desirous that it should be considered in a committee.

I have not, indeed, sir, often observed, that bills injudiciously drawn up at first have received great improvements from a second consideration, and have found it more easy to form a new bill, than to make alterations in one that is laid before us; for some original errour will commonly remain, and the sentiments of different men, pursuing different views, can seldom be modelled into one consistent scheme. But I am far from considering this bill as one of those that cannot be amended, for I can discover but few objections to the regulations proposed in it, and those not relating to any of the essential parts, but slight and circumstantial, such as will easily be removed, or, perhaps, answered.

The grievance, sir, for which this bill proposes a remedy, is so generally known, and so universally lamented, that, I believe, there is not any thing more worthy of the attention of the legislature than an inquiry into the cause of it, and the proper method of redressing it.

In our inquiry into the causes of this obstruction of trade, I am of opinion, sir, that the practice of insuring, interest or no interest, will appear to be the foundation of this general uneasiness; it will be found a practice of so natural a tendency to fraud, and so easily susceptible of dishonest artifices, that I believe every member of this house will desire its suppression.

To confirm my assertion, sir, and illustrate the question before us, I shall mention some particular instances of fraud to which this custom has given occasion; of fraud so evident and so detestable that it cannot be related without indignation.

The Royal George was a large ship belonging to the South sea company, which, having been a voyage to Vera Cruz, put in at Jamaica in her return; and being there refitted to proceed on her voyage homewards, set sail, and came within a week's sailing of the port, when, upon a sudden, the officers entered into a consultation, and determined to go back a month's voyage to Antigua; for what reason, sir, may easily be guessed, when it was told that a ship was insured upon a supposed value of sixty thousand pounds.

This resolution, sir, was no sooner formed, than orders were given to change the course and steer to Antigua, in opposition to all the remonstrances of the carpenter, who is the proper judge of the condition of a vessel, and who declared, with honesty and resolution, against their whole procedure. But they pursued their new scheme without any regard to his murmurs or assertions; and when they arrived at Antigua, found some method of influencing the officers of that island to declare the ship unfit for the prosecution of the voyage.

Their design, sir, was now happily completed. To confirm the determination which had been pronounced in their favour, they stranded the ship upon a bank of sand, forced out the iron that grapples the timber together, and having first taken away the masts and rigging, and whatever else could be used or sold, threw the ballast to each end, and so broke the vessel in the middle.

By this well-contrived shipwreck, having, as they imagined, raised their fortunes, they came home triumphantly from their prosperous voyage, and claimed the money for which the ship was insured. The insurers, startled at a demand so unexpected, inquired into the affair with all the industry which its importance might naturally incite, and, after some consultation, determined to try whether the ship might not be refitted and brought to Britain.

In pursuance of this resolution, they sent workmen and materials, and, without much expense, or any difficulty, brought it hither.

I believe, sir, this relation is sufficient at once to prove the practice, and explain the nature of the frauds to which this method of insurance gives occasion; but as the frequency of them is such, that many instances may be produced, I shall offer another short narrative of the same kind.

A ship that belonged to the East India company, insured after this method, was run ashore by the captain, in such a manner that he imagined none but himself able to recover it, and therefore, though it cost five thousand pounds, sold it for five hundred; but the purchaser, no less expert than the captain, found means very speedily to disengage it, to restore it to a proper condition with little expense, and was much enriched by his fortunate bargain.

I cannot but observe, sir, that this kind of fraud is more formidable, as it may be practised without a possibility of detection: had the captain, instead of stranding, destroyed his vessel, how could his wickedness ever have been discovered; or how could the South sea company's ship have been brought home, had it been sunk in some distant corner of the world.

This practice, sir, and the frauds which it has occasioned, and the suspicions which the easy practice of frauds always creates, have produced so many trials, and filled the courts of justice with such intricate contentions, that the judges, who know, perhaps, nothing of this practice but from its effects, have often declared it to be so pregnant with contests and cheats, that it ought not to be suffered, and that a law for suppressing it would much contribute to the establishment of peace, and the security of property.

I am not insensible, sir, of the force of the argument made use of by the honourable gentleman who spoke in favour of this practice, and cannot but allow it that regard which his reasonings always deserve; it is the strongest, and perhaps the only argument that can be produced. His assertion of the impossibility of estimating the real value of a ship, or of foreknowing the success of a voyage, is incontestable: but perhaps it will follow from thence, not that an imaginary value ought to be admitted, but that no insurance ought to be allowed, where there is no rational method of ascertaining it; or, at least, that all such insurance ought to be rather below the probable value than above it.

If the grievance complained of has been proved not to be imaginary, we ought, doubtless, to consult how it may be remedied; nor do I believe that our consultations will be ineffectual, if we engage in them, not with an intention to perplex, but to inform each other. I am of opinion, sir, that the importance of the question requires a committee; nor can I discover any essential defect in the bill, which should hinder it from passing into a law.

Mr. BURRELL spoke to this effect:—Sir, I am convinced by experience, as well as reason, that so many inconveniencies arise from this method of insurance, that it affords so many opportunities of fraud, and gives such encouragement to negligence, that I shall willingly concur in any measures that may effectually suppress it.

It is, sir, too well known to require proof, that interest is the parent of diligence, and that men attend to the performance of their duty, in proportion as they must suffer by the neglect of it; and, therefore, every practice that deprives honesty of its reward is injurious to the publick.

But that this is the consequence of estimating ships at an imaginary value in the offices of insurance, is, to the highest degree, evident. When a ship is estimated above its real value, how will the commander suffer by a wreck, or what shall restrain him from destroying his vessel, when it may be done with security to himself, except that integrity, which, indeed, ought to be generally diffused, but which is not always to be found, and to which few men think it safe to trust upon occasions of far less importance.

To show, sir, that I do not indulge groundless suspicions, or magnify the bare possibility of fraud into reality; that I do not blacken human nature, or propose laws against wickedness that has not yet existed; it may be proper to mention some letters, in which I have been informed, by my correspondent at Leghorn, of the state of the ships which have arrived there; ships so weakly manned, and so penuriously or negligently stored, so much decayed in the bottoms, and so ill fitted with rigging, that he declares his astonishment at their arrival.

It may deserve our consideration, sir, whether the success of the Spanish privateers may not be, in great part, attributed to this pernicious practice; whether captains, when their vessels are insured for more than their value, do not rashly venture into known danger? whether they do not wilfully miss the security of convoys? whether they do not direct their courses where privateers may most securely cruise? whether they do not surrender with less resistance than interest would excite? and whether they do not raise clamours against the government for their ill success, to avoid the suspicion of negligence or fraud?

That other frauds are committed in the practice of insuring, is well known to the honourable gentleman: it is a common practice to take money upon bottomry, by way of pledge, for the captain's fidelity, and to destroy this security by insuring above the real value; so that the captain may gain by neglecting the care of his vessel, or, at least, secure himself from loss, and indulge his ease or his pleasure without any interruption from the fear of diminishing his fortune.

The whole practice of insurance, sir, is, in its present state, I believe, so perplexed with frauds, and of such manifest tendency to the obstruction of commerce, that it absolutely requires some legal regulations.

Sir John BARNARD then spoke to this purpose:—Of frauds in the practice of insurance, with regard to which the honourable gentleman has appealed to me, I can confidently affirm that I am totally ignorant: I know not of any fraudulent practices openly carried on, or established by custom, which I suppose are meant: for with regard to single acts of fraud, committed by particular men, it is not to be supposed but that they have been detected in this, as in all other branches of traffick: nor can I conceive that any argument can be drawn from them against the practice; for if every part of commerce is to be prohibited, which has furnished villains with opportunities of deceit, we shall contract trade into a narrow compass.

With regard, sir, to the instance of the Royal George, though the proceedings of the officers are not wholly to be vindicated, yet part of their conduct is less inexplicable than it has been represented. Their return to Antigua, when they were bound for Britain, and were within a week's sailing of their port, is easily to be defended, if the wind was contrary to their intended course; for it is not difficult to conceive that they might reach a distant port, with a favourable wind, much sooner than one much nearer, with the wind against them.

I have always observed, sir, that the gentlemen engaged in the trade to the East Indies, assume an air of superiority, to which I know not what claim they can produce, and seem to imagine, that their charter gives them more extensive knowledge, and more acute sagacity, than falls to the lot of men not combined in their association.