e made
to the sailor's artless expostulation.

I know not why the sailors alone should serve their country to their
disadvantage, and be expected to encounter danger without the incitement
of a reward.

Nor will any part of the hardships of this clause be alleviated by the
expedient suggested by an honourable member, who spoke, some time ago,
of granting, or allowing, to a sailor, whose contract shall be void,
what our courts of law should adjudge him to deserve, a _quantum
meruit_: for, according to the general interpretation of our statutes,
it will be determined that he has forfeited his whole claim by illegal
contract. To instance, sir, the statute of usury. He that stipulates for
higher interest than is allowed, is not able to recover his legal
demand, but irrecoverably forfeits the whole.

Thus, sir, an unhappy sailor who shall innocently transgress this law,
must lose all the profit of his voyage, and have nothing to relieve him
after his fatigues; but when he has by his courage repelled the enemy,
and, by his skill, escaped storms and rocks, must suffer yet severer
hardships, in being subject to a forfeiture where he expected applause,
comfort, and recompense.

The ATTORNEY GENERAL spoke next, to this purport:--Sir, the clause
before us cannot, in my opinion, produce any such dreadful consequences
as the learned gentleman appears to imagine: however, to remove all
difficulties, I have drawn up an amendment, which I shall beg leave to
propose, that the contracts which may be affected as the clause now
stands, _shall be void only as to so much of the wages as shall exceed
the sum to which the house shall agree to reduce the seamen's pay;_ and,
as to the forfeitures, they are not to be levied upon the sailors, but
upon the merchants, or trading companies, who employ them, and who are
able to pay greater sums without being involved in poverty and distress.

With regard, sir, to the reasons for introducing this clause, they are,
in my judgment, valid and equitable. We have found it necessary to fix
the rate of money at interest, and the rate of labour in several cases,
and if we do not in this case, what will be the consequence?--a second
embargo on commerce, and, perhaps, a total stop to all military
preparations. Is it reasonable that any man should rate his labour
according to the immediate necessities of those that employ him? or that
he should raise his own fortune by the publick calamities? If this has
hi