An Essay Upon Projects Part 15

"I am ashamed to talk with my very maids," says she, "for I don't know when they do right or wrong: I had more need go to school than be married."

I need not enlarge on the loss the defect of education is to the s.e.x, nor argue the benefit of the contrary practice; it is a thing will be more easily granted than remedied: this chapter is but an essay at the thing, and I refer the practice to those happy days, if ever they shall be, when men shall be wise enough to mend it.

OF A COURT MERCHANT.

I ask pardon of the learned gentlemen of the long robe if I do them any wrong in this chapter, having no design to affront them when I say that in matters of debate among merchants, when they come to be argued by lawyers at the bar, they are strangely handled. I myself have heard very famous lawyers make sorry work of a cause between the merchant and his factor; and when they come to argue about exchanges, discounts, protests, demurrages, charter-parties, freights, port-charges, a.s.surances, barratries, bottomries, accounts current, accounts in commission, and accounts in company, and the like, the solicitor has not been able to draw a brief, nor the counsel to understand it. Never was young parson more put to it to make out his text when he is got into the pulpit without his notes than I have seen a counsel at the bar when he would make out a cause between two merchants. And I remember a pretty history of a particular case, by way of instance, when two merchants, contending about a long factorage account, that had all the niceties of merchandising in it, and labouring on both sides to instruct their counsel, and to put them in when they were out, at last they found them make such ridiculous stuff of it that they both threw up the cause and agreed to a reference, which reference in one week, without any charge, ended all the dispute, which they had spent a great deal of money in before to no purpose.

Nay, the very judges themselves (no reflection upon their learning) have been very much at a loss in giving instructions to a jury, and juries much more to understand them; for, when all is done, juries, which are not always, nor often indeed, of the wisest men, are, to be sure, in umpires in causes so nice that the very lawyer and judge can hardly understand them.

The affairs of merchants are accompanied with such variety of circ.u.mstances, such new and unusual contingencies, which change and differ in every age, with a mult.i.tude of niceties and punctilios (and those, again, altering as the customs and usages of countries and states do alter), that it has been found impracticable to make any laws that could extend to all cases. And our law itself does tacitly acknowledge its own imperfection in this case, by allowing the custom of merchants to pa.s.s as a kind of law in cases of difficulty.

Wherefore it seems to me a most natural proceeding that such affairs should be heard before, and judged by, such as by known experience and long practice in the customs and usages of foreign negotiation are of course the most capable to determine the same.

Besides the reasonableness of the argument there are some cases in our laws in which it is impossible for a plaintiff to make out his case, or a defendant to make out his plea; as, in particular, when his proofs are beyond seas (for no protests, certifications, or procurations are allowed in our courts as evidence); and the damages are infinite and irretrievable by any of the proceedings of our laws.

For the answering all these circ.u.mstances, a court might be erected by authority of Parliament, to be composed of six judges commissioners, who should have power to hear and decide as a court of equity, under the t.i.tle of a "Court Merchant."

The proceedings of this court should be short, the trials speedy, the fees easy, that every man might have immediate remedy where wrong is done. For in trials at law about merchants' affairs the circ.u.mstances of the case are often such as the long proceedings of courts of equity are more pernicious than in other cases; because the matters to which they are generally relating are under greater contingencies than in other cases, as effects in hands abroad, which want orders, s.h.i.+ps, and seamen lying at demurrage and in pay, and the like.

These six judges should be chosen of the most eminent merchants of the kingdom, to reside in London, and to have power by commission to summon a council of merchants, who should decide all cases on the hearing, of both parties, with appeal to the said judges.

Also to delegate by commission petty councils of merchants in the most considerable ports of the kingdom for the same purpose.

The six judges themselves to be only judges of appeal; all trials to be heard before the council of merchants by methods and proceedings singular and concise.

The council to be sworn to do justice, and to be chosen annually out of the princ.i.p.al merchants of the city.

The proceedings here should be without delay; the plaintiff to exhibit his grievance by way of brief, and the defendant to give in his answer, and a time of hearing to be appointed immediately.

The defendant by motion shall have liberty to put off hearing upon showing good cause, not otherwise.

At hearing, every man to argue his own cause if he pleases, or introduce any person to do it for him.

Attestations and protests from foreign parts, regularly procured and authentically signified in due form, to pa.s.s in evidence; affidavits in due form likewise attested and done before proper magistrates within the king's dominions, to be allowed as evidence.

The party grieved may appeal to the six judges, before whom they shall plead by counsel, and from their judgment to have no appeal.

By this method infinite controversies would be avoided and disputes amicably ended, a mult.i.tude of present inconveniences avoided, and merchandising matters would in a merchant-like manner be decided by the known customs and methods of trade.

OF SEAMEN.

It is observable that whenever this kingdom is engaged in a war with any of its neighbours two great inconveniences constantly follow: one to the king and one to trade.

1. That to the king is, that he is forced to press seamen for the manning of his navy, and force them involuntarily into the service: which way of violently dragging men into the fleet is attended with sundry ill circ.u.mstances, as:

(1.) Our naval preparations are r.e.t.a.r.ded, and our fleets always late for want of men, which has exposed them not a little, and been the ruin of many a good and well-laid expedition.

(2.) Several irregularities follow, as the officers taking money to dismiss able seamen, and filling up their complement with raw and improper persons.

(3.) Oppressions, quarrellings, and oftentimes murders, by the rashness of press-masters and the obstinacy of some unwilling to go.

(4.) A secret aversion to the service from a natural principle, common to the English nation, to hate compulsion.

(5.) Kidnapping people out of the kingdom, robbing houses, and picking pockets, frequently practised under pretence of pressing, as has been very much used of late.

With various abuses of the like nature, some to the king, and some to the subject.

2. To trade. By the extravagant price set on wages for seamen, which they impose on the merchant with a sort of authority, and he is obliged to give by reason of the scarcity of men, and that not from a real want of men (for in the height of a press, if a merchant-man wanted men, and could get a protection for them, he might have any number immediately, and none without it, so shy were they of the public service).

The first of these things has cost the king above three millions sterling since the war, in these three particulars:

1. Charge of pressing on sea and on sh.o.r.e, and in small craft employed for that purpose.

2. s.h.i.+ps lying in harbour for want of men, at a vast charge of pay and victuals for those they had.

3. Keeping the whole navy in constant pay and provisions all the winter, for fear of losing the men against summer, which has now been done several years, besides bounty money and other expenses to court and oblige the seamen.

The second of these (viz., the great wages paid by the merchant) has cost trade, since the war, above twenty millions sterling. The coal trade gives a specimen of it, who for the first three years of the war gave 9 pounds a voyage to common seamen, who before sailed for 36s.; which, computing the number of s.h.i.+ps and men used in the coal trade, and of voyages made, at eight hands to a vessel, does, modestly accounting, make 89,600 pounds difference in one year in wages to seamen in the coal trade only.

For other voyages the difference of sailors' wages is 50s, per month and 55s. per month to foremast-men, who before went for 26s. per month; besides subjecting the merchant to the insolence of the seamen, who are not now to be pleased with any provisions, will admit no half-pay, and command of the captains even what they please; nay, the king himself can hardly please them.

For cure of these inconveniences it is the following project is proposed, with which the seamen can have no reason to be dissatisfied, nor are not at all injured; and yet the damage sustained will be prevented, and an immense sum of money spared, which is now squandered away by the profuseness and luxury of the seamen. For if prodigality weakens the public wealth of the kingdom in general, then are the seamen but ill commonwealths-men, who are not visibly the richer for the prodigious sums of money paid them either by the king or the merchant.

The project is this: that by an Act of Parliament an office or court be erected, within the jurisdiction of the Court of Admiralty, and subject to the Lord High Admiral, or otherwise independent, and subject only to a parliamentary authority, as the commission for taking and stating the public accounts.

In this court or office, or the several branches of it (which, to that end, shall be subdivided and placed in every sea-port in the kingdom), shall be listed and entered into immediate pay all the seamen in the kingdom, who shall be divided into colleges or chambers of sundry degrees, suitable to their several capacities, with pay in proportion to their qualities; as boys, youths, servants, men able and raw, mids.h.i.+pmen, officers, pilots, old men, and pensioners.

The circ.u.mstantials of this office:

1. No captain or master of any s.h.i.+p or vessel should dare to hire or carry to sea with him any seamen but such as he shall receive from the office aforesaid.

2. No man whatsoever, seaman or other, but applying himself to the said office to be employed as a sailor, should immediately enter into pay, and receive for every able seaman 24s. per month, and juniors in proportion; to receive half-pay while unemployed, and liberty to work for themselves: only to be at call of the office, and leave an account where to be found.

3. No sailor could desert, because no employment would be to be had elsewhere.

4. All s.h.i.+ps at their clearing at the Custom House should receive a ticket to the office for men, where would be always choice rather than scarcity, who should be delivered over by the office to the captain or master without any trouble or delay; all liberty of choice to be allowed both to master and men, only so as to give up all disputes to the officers appointed to decide.

Note.--By this would be avoided the great charge captains and owners are at to keep men on board before they are ready to go; whereas now the care of getting men will be over, and all come on board in one day: for, the captain carrying the ticket to the office, he may go and choose his men if he will; otherwise they will be sent on board to him, by tickets sent to their dwellings to repair on board such a s.h.i.+p.

5. For all these men that the captain or master of the s.h.i.+p takes he shall pay the office, not the seamen, 28s. per month (which 4s.