Page:Essay on Crimes and Punishments (1775).djvu/152

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so slowly, and with so much difficulty produced, and for the establishment of which such sublime motives, and such an apparatus of ceremonies were thought necessary.

This crime is owing to the laws themselves; for the higher the duties, the greater is the advantage, and consequently, the temptation; which temptation is increased by the facility of perpetration, when the circumference that is guarded is of great extent, and the merchandise prohibited is small in bulk. The seizure and loss of the goods attempted to be smuggled, together with those that are found along with them, is just; but it would be better to lessen the duty, because men risk only in proportion to the advantage expected.

This crime being a theft of what belongs to the prince, and consequently to the nation, why is it not attended with infamy? I answer, that crimes, which men consider as productive of no bad con-