can be too watchful against, or too severely punish.

It has been affirmed by the noble lord, that it is not equitable to
subject the commanders of convoys to penalties for the loss of the
trading vessels, which may, perhaps, either rashly or negligently quit
their protection. That it is not reasonable to subject them to
penalties, is undoubtedly true; but, my lords, it is far from being
equally certain, that it is not just to expose them to a trial, in a
case in which it must be almost impossible to determine falsely; in a
case where the crews of, perhaps, twenty ships may be called as
witnesses of their conduct, and where none, but those whose ship is
lost, can be under the least temptation to offer a false testimony
against them.

On this occasion, my lords, it may not be improper to obviate the
objection produced by the seeming omission of penal sanctions, which is
only another proof of implicit confidence in the officers of the
admiralty, who have already the power, allowed to military courts, of
proceeding against those who shall deviate from their orders. This
power, which is in a great degree discretionary, it was thought improper
to limit, by ascertaining the punishment of crimes, which so many
circumstances may aggravate or diminish; and, therefore, in my opinion,
this clause is far from being so defective as the noble lord represented
it.

The last three clauses, by which the ships in America are prohibited to
leave their station, by which it is required that accounts should be
once in six months transmitted to the admiralty, and by which the
captains are subjected to the command of the governours of our colonies,
are, in my opinion, justly to be censured. The first is impossible to be
observed, the second is unnecessary, and the third will probably produce
more inconveniencies than benefits.

Thus, my lords, I have endeavoured to show, that this bill, though not
perfect, is yet such as, with some emendations, may produce great
advantages to the traders of this empire. For, though it is undoubtedly
a just observation, that the success of military attempts cannot be
promoted by rigid restrictions and minute regulations, yet it is equally
certain that no nation has yet been so fortunate as to be served by men
of integrity superiour to laws, or of wisdom superiour to instructions;
and every government has found it necessary to direct the conduct of its
officers by general rules, though they have been allowed