omission of it will defeat all the
methods that can be suggested. How shall a law be executed, or a penalty
inflicted, when the magistrate has no certain marks whereby he may
distinguish a criminal? and when even the man that is prosecuted may not
be conscious of guilt, or know that the law extended to him, which he is
charged with having offended.

If, in defining a seaman on the present occasion, it be thought proper
to have any regard to the example of our predecessors, whose wisdom has,
in this debate, been so much magnified; it may be observed, that a
seaman has been formerly defined, a man who haunts the seas; a
definition which seems to imply habit and continuance, and not to
comprehend a man who has, perhaps, never gone more than a single voyage.

But though this definition, sir, should be added to the amendments
already proposed, and the bill thereby be brought somewhat nearer to the
constitutional principles of our government; I cannot yet think it so
much rectified, as that the hardships will not outweigh the benefits,
and, therefore, shall continue to oppose the bill, though to some
particular clauses I have no objection.

[The term _seafaring man_ was left out, and the several amendments were
admitted in the committee, but the clauses themselves, to the number of
eleven, were given up on the report.]

HOUSE OF COMMONS, MARCH 10, 1740-1.

The commons resolved their house into a committee, to consider the bill
for the encouragement of sailors, when admiral WAGER offered a clause,
by which it was to be enacted, "That no merchants, or bodies corporate
or politick, shall hire sailors at higher wages than thirty-five
shillings for the month, on pain of forfeiting the treble value of the
sum so agreed for;" which law was to commence after fifteen days, and
continue for a time to be agreed on by the house: and then spoke to the
following purpose:--

Sir, the necessity of this clause must be so apparent to every gentleman
acquainted with naval and commercial affairs, that as no opposition can
be apprehended, very few arguments will be requisite to introduce it.

How much the publick calamities of war are improved by the sailors to
their own private advantage; how generally they shun the publick
service, in hopes of receiving exorbitant wages from the merchants; and
how much they extort from the merchants, by threatening to leave their
service for that of the crown, is universally known to every officer of