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cover
The Complete Works of Montesquieu. Electronic Edition.
cover
Volume I.
Body
BOOK XIII.: OF THE RELATION WHICH THE LEVYING OF TAXES AND THE GREATNESS OF THE PUBLIC REVENUES HAVE TO LIBERTY.
CHAP. XI.: Of Confiscations.

CHAP. XI.: Of Confiscations.

WITH respect to confiscations, there is one thing very particular, that, contrary to the general

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custom, they are more severe in Europe than in Asia. In Europe not only the merchandizes, but even sometimes the ships and carriages are confiscated; which is never practised in Asia. This is because in Europe the merchant can have recourse to magistrates, who are able to shelter him from oppression; in Asia the magistrates themselves would be the greatest oppressors. What remedy could a merchant have against a bashaw, who was determined to confiscate his goods?

The prince therefore checks his own power, finding himself under a necessity of acting with some kind of lenity. In Turkey they raise only a single duty for the importation of goods, and afterwards the whole country is open to the merchant. Smuggling is not attended with confiscation or increate of duty. In China†478 they never look into the baggage of those who are not merchants. Defrauding the customs in the territory of the Mogul is not punished with confiscation, but with doubling the duty. The Princes of†479 Tartary, who reside in towns, impose scarce any duty at all on the goods that pass through their country. In Japan, it is true, to cheat the customs is a capital crime; but this is because they have particular reasons for prohibiting all communication with foreigners; hence the fraud†480 is rather a contravention of the laws made for the security of the government than of those of commerce.

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