74 On Commerce., 



nature, whether by reading or from his own observations \vl 

 the world, but will admit the wisdom and utility of this 

 maxim. 



I cannot here omit mentioning the great penetration and 

 humanity of our ancestors in framing many of our laws. 



The law is positive, " Thou shalt not steal •/' but very 

 great' difference is made between the crime of breaking locks 

 and -bars to commit theft, and when cash or other valuables 

 are placed in very open exposed situations ; and for this very 

 plain and humane reason, — the temptation is supposed to be 

 much more strong in the one case than the other. Com- 

 pare, this with our present system of excise laws, which are 

 of a modern date : in these no allowance is made for the 

 weakness of human nature placed under the strongest temp- 

 tations, sometimes of poverty ; at other times the loss of 

 business, by being undersold by some neighbour who is 

 Jess scrupulous as to illicit connexions : — even that invaluable 

 privilege, trial by jury, is denied to the great bulk of the 

 people connected with the excise. I have often contem- 

 plated with astonishment, that the greatest crimes which 

 can disgrace human creatures are suffered to be tried by a 

 jury the nearest to the place where the crime is connected 5 

 but this is denied to every offender against the excise laws, 

 unless he is able, and will submit to the enormous expense, 

 of having the cause tried in the Court of Exchequer at Lon- 

 don. I could here adduce a great variety of arguments in 

 •support of this proposition. I wish to prove, as well as re- 

 late, some circumstances, the unavoidable consequence of 

 the present system, which would astonish some, and excite 

 feelings of pity in the breast of the most obdurate ; — but i 

 forbear this. 



Lest, however, some may think that I plead too much 

 for the weakness of humanity, I will only beg leave to men- 

 tion two cases, which, I think, -are in point. If the good 

 and pious Agur so earnestly prayed against poverty, lest he 

 should put forth his hands to steal, How necessary then to 

 place, as for as possible, temptation from those whose minds 

 are often little fortified- either by piety or morality ] If he 



wbe 



