neral what was the design of
the law, and the extent of the obligation enforced by it, and was
answered by him, that the sums which were to be paid for the diet of the
men, and the hay and straw for the horses, being specified, it must
necessarily be intended, by the legislature, that no higher rates should
be demanded;--that the power granted to the justices of peace was wholly
in favour of the soldier, and that they might lessen the payment at
discretion in places of uncommon cheapness, or years of extraordinary
plenty, but could not increase it on any occasion.
Another dispute, sir, of the like nature was occasioned by the late
scarcity at Wakefield, where the justices, upon the application of the
innkeepers, made use of the authority which they supposed to have been
reposed in them by the act, and raised the price of hay and straw to
eight-pence, which the soldiers were not able to pay, without suffering
for want of victuals.
On this occasion, likewise, I was applied to, and upon consulting the
present attorney-general, received the same answer as before; and
transmitting his opinion to the place from whence I received the
complaint, it had so much regard paid to it, that the additional demand
was thence-forward remitted.
The letters which those two learned lawyers sent to me on this subject I
have now in my hand; and hope their opinion will be thought sufficient
authority for the interpretation of an act of the senate.
Nor is their authority, sir, however great, so strong a proof of the
justness of this interpretation, as the reasonableness, or rather
necessity of admitting it. The only argument that can be produced
against it, is the hardship imposed by it on the innholder, who, as it
is objected, must be obliged by the law, so understood, to furnish the
soldiers with provisions for a price at which he cannot afford them.
But let it be considered, how much more easily the landlord can furnish
them at this price, than they can provide for themselves, and the
difficulty will immediately vanish. If soldiers are necessary, they must
necessarily be supported, and it appears, upon reflection, that their
pay will not support them by any other method. If they are obliged to
buy their victuals, they must likewise buy fire and implements to dress
them; and what is still a greater hardship, they must sell them, and buy
new, at every change of their quarters; if this is impossible, it will
be allowed not to be the m
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