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the spirit of laws-第106章

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ty; passion; loss of time; and even of life and fortune; are concealed from their view。

7。 The Spirit of England with respect to Commerce。 The tariff or customs of England are very unsettled with respect to other nations; they are changed; in some measure; with every parliament; either by taking off particular duties; or by imposing new ones。 They endeavour by these means still to preserve their independence。 Supremely jealous with respect to trade; they bind themselves but little by treaties; and depend only on their own laws。

Other nations have made the interests of commerce yield to those of politics; the English; on the contrary; have ever made their political interests give way to those of commerce。 They know better than any other people upon earth how to value; at the same time; these three great advantages  religion; commerce; and liberty。

8。 In what Manner economical Commerce has been sometimes restrained。 In several kingdoms laws have been made extremely proper to humble the states that have entered into economical commerce。 They have forbidden their importing any merchandise; except the product of their respective countries; and have permitted them to traffic only in vessels built in the kingdom to which they brought their commodities。

It is necessary that the kingdom which imposes these laws should itself be able easily to engage in commerce; otherwise it will; at least; be an equal sufferer。 It is much more advantageous to trade with a commercial nation; whose profits are moderate; and who are rendered in some sort dependent by the affairs of commerce; with a nation whose larger views and whose extended trade enables them to dispose of their superfluous merchandise; with a wealthy nation; who can take off many of their commodities; and make them a quicker return in specie; with a nation under a kind of necessity to be faithful; pacific from principle; and that seeks to gain; and not to conquer: it is much better; I say; to trade with such a notion than with others; their constant rivals; who will never grant such great advantages。

9。 Of the Prohibition of Commerce。 It is a true maxim that one nation should never exclude another from trading with it; except for very great reasons。 The Japanese trade only with two nations; the Chinese and the Dutch。 The Chinese'7' gain a thousand per cent upon sugars; and sometimes as much by the goods they take in exchange。 The Dutch make nearly the same profits。 Every nation that acts upon Japanese principles must necessarily be deceived; for it is competition which sets a just value on merchandise; and establishes the relation between them。

Much less ought a state to lay itself under an obligation of selling its manufactures only to a single nation; under a pretence of their taking all at a certain price。 The Poles; in this manner; dispose of their corn to the city of Danzig; and several Indian princes have made a like contract for their spices with the Dutch。'8' These agreements are proper only for a poor nation; whose inhabitants are satisfied to forego the hopes of enriching themselves; provided they can be secure of a certain subsistence; or for nations whose slavery consists either in renouncing the use of those things which nature has given them; or in being obliged to submit to a disadvantageous commerce。

10。 An Institution adapted to economical Commerce。 In states that carry on an economical commerce; they have luckily established banks; which by their credit have formed a new species of wealth: but it would be quite wrong to introduce them into governments whose commerce is founded only on luxury。 The erecting of banks in countries governed by an absolute monarch supposes money on the one side; and on the other power: that is; on the one hand; the means of procuring everything; without any power; and on the other; the power; without any means of procuring at all。 In a government of this kind; none but the prince ever had; or can have; a treasure; and wherever there is one; it no sooner becomes great than it becomes the treasure of the prince。

For the same reason; all associations of merchants; in order to carry on a particular commerce; are seldom proper in absolute governments。 The design of these companies is to give to the wealth of private persons the weight of public riches。 But in those governments this weight can be found only in the prince。 Nay; they are not even always proper in states engaged in economical commerce; for; if the trade be not so great as to surpass the management of particular persons; it is much better to leave it open than; by exclusive privileges; to restrain the liberty of commerce。

11。 The same Subject continued。 A free port may be established in the dominions of states whose commerce is economical。 That economy in the government which always attends the frugality of individuals is; if I may so express myself; the soul of its economical commerce。 The loss it sustains with respect to customs it can repair by drawing from the wealth and industry of the republic。 But in a monarchy a step of this kind must be opposite to reason; for it could have no other effect than to ease luxury of the weight of taxes。 This would be depriving itself of the only advantage that luxury can procure; and of the only curb which; in a constitution like this; it is capable of receiving。

12。 Of the Freedom of Commerce。 The freedom of commerce is not a power granted to the merchants to do what they please: this would be more properly its slavery。 The constraint of the merchant is not the constraint of commerce。 It is in the freest countries that the merchant finds innumerable obstacles; and he is never less crossed by laws than in a country of slaves。

England prohibits the exportation of her wool; coals must be brought by sea to the capital; no horses; except geldings; are allowed to be exported; and the vessels of her colonies trading to Europe must take in water in England。'9' The English constrain the merchant; but it is in favour of commerce。

13。 What it is that destroys this Liberty。 Wherever commerce subsists; customs are established。 Commerce is the exportation and importation of merchandise; with a view to the advantage of the state: customs are a certain right over this same exportation and importation; founded also on the advantage of the state。 Hence it becomes necessary that the state should be neutral between its customs and its commerce; that neither of these two interfere with each other; and then the inhabitants enjoy a free commerce。

The farming of the customs destroys commerce by its injustice and vexations; as well as by the excess of the imposts: but independent of this; it destroys it even more by the difficulties that arise from it; and by the formalities it exacts。 In England; where the customs are managed by the king's officers; business is negotiated with a singular dexterity: one word of writing accomplishes the greatest affairs。 The merchant needs not lose an infinite deal of time; he has no occasion for a particular commissioner; either to obviate all the difficulties of the farmers; or to submit to them。

14。 The Laws of Commerce concerning the Confiscation of Merchandise。 The Magna Charta of England forb
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