not be detrimental to the publick service to neglect.

It has been objected by the noble lord, that they are directed to be
careened _oftener, if there be occasion_; terms by which a discretionary
power is implied, of which yet it does not appear in whose hands it is
lodged. Let us consider, my lords, what inconvenience can arise from the
clause as it now stands, and what corruption or negligence can be
encouraged by it.

The discretionary right of bringing the ship into the ports to be
careened oftener than thrice a-year, must be, without controversy,
placed in the captain; for none but those that are in the ship can
discover the necessity of careening it, or know the inconveniencies that
are produced by the adhesion of extraneous substances to its sides and
bottom.

I own, my lords, it may be objected, that every captain will, by this
clause, be furnished with an excuse for deserting his station at
pleasure; that under pretence of uncommon ardour to pursue the enemy, he
may waste his time in endless preparations for expedition; that he may
loiter in the port to careen his ship; that before it is foul he may
bring it back again, and employ the crew in the same operation; and that
our merchants may be taken at the mouth of the harbours in which our
ships of war lie to be careened.

But, my lords, it is to be remembered, that in the third clause a
commissioner is appointed, by whom accounts are regularly to be
transmitted to the admiralty, of the arrival and departure of every
ship, and by whom the conduct of every captain is to be inspected; and
that he may easily detect such truant commanders, as shall careen their
ships only for the sake of deserting their stations.

Nor can the merchants suffer by any negligence or corruption of the
captains, because it is intended that the place of every ship returning
into port shall be supplied by another; and that the same number shall
be always in the same station, unless more important service makes them
more necessary in another place.

This proviso, my lords, a proviso undoubtedly reasonable, is established
in the second clause, but has not had the good fortune to escape the
censure of the noble lord, who has inquired, what must be the conduct of
the commanders of cruising vessels, if a seafight should happen beyond
the cape, which they are in this clause forbidden to pass?

That the clause may admit of expressions not only more proper, but more
agreeable to the inte