or is discovered to be unanswerable.
But what, sir, have those urged in defence of their own opinions, who so
freely animadvert upon the reasonings of others? What proofs, sir, have
they given of the superiority of their own abilities, of the depth of
their researches, or the acuteness of their penetration?
They have not produced one argument in favour of their motion, but that
it is founded on custom; they have not discovered, however wise and
sagacious, that it is always necessary to inquire whether a custom be
good or bad; for surely without such inquiry no custom ought to be
confirmed. The motion which they would support, is, indeed, useless in
either case, for a good custom will continue of itself, and one that is
bad ought not to be continued. It is the business of the legislature to
reform abuses, and eradicate corruptions, not to give them new strength
by the sanction of a law.
It has been urged, sir, that the law in reality exists already in that
the act has been interpreted in this sense by the attorney general; and
that his interpretation is generally received. This is then the state of
the question: if the practice, founded upon this sense of the act,
generally prevails, there is no need of a new clause to enforce what is
already complied with; if it does not prevail, all that has been urged
in defence of the motion falls to the ground.
I do not doubt, sir, that this custom has been received without many
exceptions, and therefore think it ought still to remain a custom,
rather than be changed into a law; because it will be complied with as a
custom, where there are no obstacles to the observation of it; and it
ought not to be enforced by law, where it is inconvenient and
oppressive.
While the soldier, sir, is moderate in his demands, and peaceable and
modest in his behaviour, the innkeeper will cheerfully furnish him even
more than he can afford at the stated price; and certainly, rudeness,
insolence, and unreasonable expectations, may justly be punished by the
forfeiture of some conveniencies. Thus, sir, the innkeeper will preserve
some degree of authority in his own house, a place where the laws of
nature give every man dominion, and the soldier will continue a regular
and inoffensive member of civil society.
The absurdity of leaving the soldier at large in his demands, and
limiting the price which the innkeeper is to require, has been already
exposed beyond the possibility of reply; nor, indee
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