JB/035/278/001

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8 June 1808

There are two descriptions of persons to whom the
transgression of the smuggler is injurious: the people
in general in their character of forced contributors to the
exigencies of the State; the people in general and the fair trader in particular.
To the people in general – to the public purse
the injury, so far as concerns the mischief of the first order is the same as would be that of a theft
to the an amount equal to that of the tax which the smuggler saves:
the alarm or general sense of insecurity which is produced by
acts of theft, has here indeed no place: and it is for
this reason only and this reason only, that the punishment
of smuggling ought not to be so great as that of
theft.

Unfortunately in the conception to the class of persons members of the class out of whom which
Jurymen are drawn the mischief produced by smuggling
can not always be impressed in colours
strong enough to engage them to do their parts towards
the infliction of the punishment so justly due: the
particular advantage which he may himself and his friends may
make by dealing with the smuggler, being so much
nearer, subtends in his eye a so much larger angle
as to eclipse the distinct mischief in which his own
is but no more than an impalpable share. Hence
while the common thief by whose depredation if committed on the
public stores a quantity of brandy the property of government
should be lost would be consigned by them
to punishment even to capital punishment without scruple, the smuggler
by whose transgression sale of brandy imported without
duty a sum to equal amount has been lost, is
in their eyes an innocent person, and as such an object of sympathy, on the acquittal if
when they do no more than comply with that of
rule of natural justice which forbids infliction annihilation of punishment to innocence the of the innocent.

Identifier: | JB/035/278/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-08	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	278	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e8
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10871
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