322 Mr. 'Turner on Crimes and Punijhmsnts, 



exception even of murder, immediately atTed^ 

 individuals only ; whereas, in this cafe, an im- 

 mediate, open, and violent attack is made upon 

 the property of the whole community, by en- 

 deavouring to defraud the ftate of thofe duties, 

 which make a part of its jufl: revenues. One 

 Ihould therefore expefl, that even the feverefl 

 punifhment would be provided againft a crime, 

 of this nature : whereas we find, that all the 

 \\\ confequence that generally arifes to the offen- 

 der, is the feizure of thofe goods, the duty upon 

 ■which he thus illegally avoids the payment of j* 

 and, in fome cafes, a fmall pecuniary fine. Now 

 if it be a chance of fix, or ten to one, that fuch 

 a feizure will not be made, is this fufficient to 

 deter, nay is it not enough to encourage the fmug- 



• This Judge Blackftone aflerts (I. p. 317.) is the only 

 natural and reafonable punifliment for fmuggling; but 

 at the fame time laments its inefficacy, and the neceffity 

 of greater feverity, in order to the reftraint of a crime, 

 •' which, fays he, is no natural, but merely z, pofitive 

 offence." But if this were a fufficient reafon for lenity 

 in the cak of /mugg^ing, it would be fo likewile ior high- 

 treafon. This admirable writer feems not to have attended 

 to the diftinftion between moral and political enornlity. 



If it be objefted, that 2Li\ forcible afls of fmuggling, refift-' 

 ance to cuftom-houfe officers, &c. are declared by 19th 

 Geo. II. C. 34. to be felony, it may be replied, that 

 other crimes are here involved with fmuggling; of which 

 JJjooting at, or murdering, any one, is felony by itfelf j and 

 refinance to the officers appointed to execute the laws, is 

 a kind of treaibn. So that it is not fmuggling, but murder 

 and /rf«/c«, that are punifhed by this ftatute. 



gler 



