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SMUGGLING. Specimen of INDIRECT LEGISLATION against it.
The most effectual method to prevent
smuggling, where in the instances, if any where, it is practicable,
is doubtless to take the impost tax
off the commodity, & impose it in respect of that <add>commodity</add> upon
the consumer; thus taking away at once
the object + + viz the real object in contradistinction to the personal. and the motive to the offence.transgression
Another meansexpedient however,[+] [+] belonging to the Law [coming under the idea of Indirect Legislation
might be of
some use, as a means to diminish keep under the
smuggling & through a ristraint of importation.
There is a certain size portion of the scale of sizes in vessels peculiarly
adapted to the purposes of this illicit
traffic; that is there is a size, above
which vessels would not be able to make
their way in those places whither the
occasions of it call them: & below which
they would not be able to live in the sea or
to carry as much at a time as would make it worth
their while to venture
In vessels of this size, as of every other, there
is a certain form & method of equipment,
adapted to the giving them the equipment
of celerity.
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This maximum, tho' to a certain degree
convenient, is not necessary, nor indeed is
it usual in practise to be obtained by
vessels employed in lawful traffic.
Let therefore this form & method of
equipment adapted to it's production,
be exclusively appropriated to those of the King's
ships which are employ'd in the pursuit
of smugglers; & at the same time, let
all other vessels within these limits in respect of size
be debarred from of it, such
a form & mode of equipment [+] + if such there be being
prescribed to all such vessels, in
as shall
give a sufficient advantage in point
of celerity to the pursuers, at the same
time that it exposes not vessels imbarkd employ'd
in lawful trade to any dis-advantage:[+] [+] at least to any disadvantage adequate &c adequate
to the advantage gained by the suppressing cramping
of the illicit trade to that degree and which
their expedient may be a means of cramping
it.
it may be done by this means
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At the same time, if thought necessary, power
might be given to the proper persons offices to
grant licence [+] [+] under such restrictions as shall be thought necessary to a few particular persons
to employ adopt the construction so appropriated construction
upon condition of entering into a recognizance
with a certain number of sureties, to a
certain large sum, forfeitable upon proof
of the licensed vessel having been employd tho' without
proof of the owner's special assent+ + the various consent being to be declared -ipso facto preferable unless the contrary appear, in
any illicit traffic.
---page break---
Among the Greeks the Ship of Burthen
were heavier than their ships of war.
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smuggling. specimen of indirect legislation against it |
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