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ships better, and render them not so easy to be taken; they go also more under the protection of convoys.Thus, while the privateers to take them are multiplied, the vessels subject to be taken, and the chances of profit, are diminished so that many cruises are made, wherein the expences overgo the gains; and, as is the case in other lotteries, though particulars have got prizes, the mass of adventurers are losers, the whole expense of fitting out all the privateers during a war being much greater than the whole amount of goods taken.

Then there is the national loss of all the labour of so many men during the time they have been employed in robbing; who besides spend what they get in riot, drunkenness, and debauchery; lose their habits of industry; are rarely fit for any sober business after a peace, and serve only to increase the number of highwaymen and housebreakers. Even the undertakers who have been fortunate, are, by sudden wealth, led into expensive living, the habit of which continues when the means of supporting it cease, and finally ruins them: a just punishment for having wantonly and unfeelingly ruined many honest, innocent traders and their families, whose substance was employed in serving the common interest of mankind.

ON THE IMPRESS OF SEAMEN.

Notes copied from Dr. Franklin's writing in pencil on the margin of Judge Foster's celebrated Argument in favor of the Impressing of Seamen....published in the folio edition of his works.

JUDGE FOSTER, p. 158. "Every Man."—The conelusion here from the whole to a part, does not seem to be good logic. If the alphabet should say, Let us all fight for the defence of the whole; that is equal, and may therefore be just.

But if they should say, Let Ais

B, C and D go out and fight for us, while we stay at home and sleep in whole skins; that is not equal, and therefore cannot be just.

Ib. "Employ."-If you please. The word signifies engaging a man to work for me, by offering him such wages as are sufficient to induce him to prefer my service. This is very different from compelling him to work on such terms as I think proper.

Ib. “This service and employment, &c.”—These are false facts. His employments and services are not the same-Under the merchant he goes in an unarmed vessel, not obliged to fight, but to transport merchandize. In the king's service he is obliged to fight, and to hazard all the dangers of battle. Sickness on board. of king's ships is also more common and more mortal. The merchant's service, too, he can quit at the end of the voyage; not the king's. Also, the merchant's wages are much higher.

Ib. "I am very sensible, &c."-Here are two things put in comparison that are not comparable: viz. injury to seamen, and inconvenience to trade. Inconvenience. to the whole trade of a nation will not justify injustice to a single seaman. If the trade would suffer without his service, it is able and ought to be willing to offer him such wages as may induce him to afford his service voluntarily.

Page 159. "Private mischief must be borne with patience, for preventing a national calamity."-Where is this maxim in law and good policy to be found?— And how can that be a maxim which is not consistent with common sense? If the roaxim had been, that private mischiefs, which prevent a national calamity, ought to be generously compensated by the nation, one might understand it but that such private mischiefs are only to be borne with patience, is absurd!

Ib. The expedient. &c. And, &c." [Faragraphs 2 and 3) Twenty ineffectual or inconvenient schemes will not justify one that is unjust.

16. Upon the foot of, &c."-Your reasoning, in

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ships better, and rend
they go also more under
Thus, while the privatec.
the vessels subject to be
are diminished so that
in the expences overgo
in other lotteries, though,
the mass of adventurers a
of fitting out all the private
greater than the whole am

Then there is the nation
many men during the tim
in robbing; who besides sy
drunkenness, and debaucher
dustry; are rarely fit for any
peace, and serve only to incr
waymen and housebreakers.
who have been fortunate, are, by
to expensive living, the habit of
the means of supporting it cease,
a just punishment for having wor
ruined many honest, innocent trac
whose substance was employed in
interest of mankind.

ON THE IMPRESS OF

Notes copied from Dr. Fran pencil on the margin of Ju brated Argument in favor o of Seamen....published in the his works.

JUDGE FOSTER, p. 158.

"Every

elusion here from the whole to a part. be good logic. If the alphabet shour fight for the defence of the whole; t may therefore be just. But if they s

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olerable injustice as attends the impressing commoa ́
camen. In order to be better understood, I would
emise two things; First, that voluntary seamen may
had for the service, if they were sufficiently paid.
he proof is, that to serve in the same ship, and incur
e same dangers, you have no occasion to impress
aptains, lieutenants,` second lieutenants, midshipmen,
rsers, nor many other officers. Why, but that the
ofits of their places, or the emoluments expected, are
ficient inducements! The business then is, to find
ney, by impressing, sufficient to make the sailors all
unteers, as well as their officers; and this without
fresh burthen upon trade.-The second of my pre-
s is, that twenty-five shillings a month, with his
re of salt beef, pork, and pease-pudding, being
nd sufficient for the subsistence of a hard-working

an, it will certainly be so for a sedentary scholar rentleman. I would then propose to form a treasuout of which encouragements to seamen should be. 1. To fill this treasury, I would impress a number -ivil officers, who at present have great salaries, o

them to serve in their respective offices for twenty hillings a month with their shares of mess proviand throw the rest of their salaries into the seatreasury. If such a press-warrant were given execute, the first I would press should be a Rer of Bristol, or a Mr. Justice Foster, because I have need of his edifying example, to show how impressing ought to be borne with; for he would ly find, that though to be reduced to twenty-five s a month might be a private mischief, yet that, bly to his maxim of law and good policy, it ought rne with patience, for preventing a national ca

Then I would press the rest of the Judges: ening the red book, I would press every civil of government from 501. a year salary up to which would throw an immense sum into our : and these gentlemen could not complain, y would receive twenty-five shillings a month,

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and their rations; and this without being obliged to fight. Lastly, I think I would impress ***.

On the Criminal Laws, and the practice of
Privateering.

Letter to Benjamin Vaughan, Esq.

MY DEAR FRIEND,

MARCH 14th, 1785.

AMONG the pamphlets you lately sent me, was one, entitled Thoughts on Executive Justice. In return for that, I send you one on the same subject, Observations concernant l' Exécution de l' Article II. de la Decla. ration sur de Vol. They are both addressed to the Judges, and written, as you will different in a very see, spirit. The English author is for hanging all thieves. The Frenchman is for proportioning punishments to offences.

If we really believe, as we profess to believe, that the law of Moses was the law of God, the dictate of divine wisdom, infinitely superior to human; on what principles do we ordain death as the punishment of an offence, which, according to that law, was only to be punished by a restitution of fourfold ? To put a man to death for an offence which does not deserve death, is it not a murder? And, as the French writer says, Doiton punir un delit contre la societe par un crime contre la nature?

Superfluous property is the creature of society. Simple and mild laws were sufficient to guard the property that was merely necessary. The savage's bow, his hatchet, and his coat of skins, were sufficiently secured, without law, by the fear of personal resentment and retaliation. When, by virtue of the first laws, part of the society accumulated wealth and grew powerful, they enacted others more severe, and would protect their

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