Part 43 (2/2)
Wherever it is possible to prevent the debasing the quality of an article, so as to hinder it answering the purpose, or gratifying the expectations of the purchaser, that ought to be done, for it has long been such a practice for English manufacturers to undersell each other, that they stick at no means of being able to do so.
A variety of qualities, according to price, is necessary. All persons cannot afford to buy the best sort of goods; but, when a reduction of price is carried so far as to be obtained by making an article that is useless, this is a means of losing the trade; and it would be very easy to prove that such examples are very numerous, and that various branches of trade have been lost by that means.
With regard to the extent of sea coast, the advantage that may be derived from the fisheries, and the benefit arising from that circ.u.mstance to commerce, they are natural advantages, and already perfectly understood. [end of page #275]
CHAP. VIII.
_Conclusion_.
After having gone through the subject of the Inquiry, according to the mode that appeared to be the best, in which there has been one invariable rule, never to oppose theory and reasoning to facts, but to take experience as the surest guide, a recapitulation can scarcely be very necessary; but a conclusion, applicable to the situation of this country, certainly may.
This, however, ought to be short, as the reader has all the materials for it in his own power, but it may save him trouble.
The great end of all human effort is, to improve upon the means which nature has furnished men with, for obtaining the objects of their wants and wishes, and to obviate, to counteract, or do away those inconveniencies =sic= and disadvantages which nature has thrown in the way of their enjoyment. {211}
With the mind, the same course should be used as with material bodies. It is impossible, in either case, to create; but we may turn the good to as profitable an advantage as we are able, and counteract the bad.
To attempt to hinder men from following their propensities, when in power, is always arduous, generally ineffectual, and frequently impracticable; besides, when it can be done coercively, it infringes too much on the liberty and the enjoyment of mankind. A controuling power should be employed as seldom as possible.
{211} Thus, in building a house, you form the stones, the clay, and other materials, which nature has furnished, in order to counteract the effect of heat or cold, moist or dry, as is most agreeable. Thus, men have learned to melt and vitrify the sand on the sea-sh.o.r.e, to make gla.s.s, grind it into a form, and make a microscope to view the most minute objects of nature, or to bring the most distant nearer, by the telescope: thus, rectifying the imperfection of human sight. Perhaps the burning of _coals_ to convert _water_ into _steam_, and, with that _steam_, raising _coals_ and _water_ from the mine is the most complete triumph of human skill over physical difficulties. How invention and discovery have improved the state of man since the time that the uses of corn and fire were unknown in Greece!!!
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To attempt to smother the pa.s.sions is vain, to controul them difficult; besides, it is from energy, arising from pa.s.sions or propensities, that all good, as well as all evil, arise. The business, then, will neither be to curb nor to crush, but to give a proper direction. This is to be done by good habits, when young, and a proper education, which cannot be obtained by individual exertion, without the a.s.sistance of government; an a.s.sistance that it is therefore bound to give.
The general tendency of wealth and power are to enervate people, to make them proud and indolent, and, after a certain time, they leave a country. Individuals have no means to counteract this tendency, unless the governing power of the country gives a general impulse to them, in cases where they can act, and acts itself, with care and attention, where individuals can do nothing.
In the case of education and manners, in the case of providing for children, individuals may do much, but government must not only give the means, but the impulse. In the case of the soil becoming insufficient for the inhabitants, and of taxes and national debt increasing, government may stop the progress; and in the cases of individual bodies trenching on the general weal, as well as in the tendency of inventions, capital, &c. to emigrate to other countries, the government may counteract, and, perhaps, totally prevent them all.
In all cases, individuals will and must follow their lawful propensities, both in the means of employing capital and expending revenue; that is, they must be left free, in a general way, and only interrupted and regulated in particular cases; but, sometimes, the means must be furnished them of going right, and in other cases the inducements to do so augmented. We shall take the subjects in the same order that they followed in the Second Book.
Though the manners of people, arrived at maturity, can only be regulated by their education, when young, if that is properly attended to, it will be sufficient; for though it will not prevent the generation that has attained wealth, from enjoying it according to the prevailing taste, it will prevent contamination being communicated with increased force, as it now is, to the children. The evils then will go on in a simple proportion; they now go on with a compound one, and the evils arising from the [end of page #277] luxury of each generation are doubled on that which follows after. If that is prevented, it will be all that probably is necessary; at all events it is probably all that is possible.
In taxation, the government should study to do away what is obnoxious in its mode of collection, for that does more injury to the subject, in many cases, than an equal sum would do levied in another manner; and when payments are to be made, the mode should be rendered as easy as possible. Every unnecessary trouble should be avoided in collecting a tax. In the tax on receipts and bills, why should the sums to which they extend not be printed on them, so as to prevent error, which is sometimes attended with great loss, and always with inconvenience? If this had been done, how many law-suits, how many nefarious tricks, would have been prevented? But not to speak of those inconveniences only, how much useless trouble, uneasiness, and uncertainty, would have been saved in the common way of transacting business? In most cases, the subject is treated as if neither his time, nor his conveniency, nor his feelings, were worth attending to. This is equally impolitic and unjust: there is, perhaps, no country where people are more careful to keep within the pale of the law, than in England; but when they are within it, and have power, no people use it with a more insulting rigour; and for this there is no redress.
In many cases, this would be entirely prevented by proper attention in first laying on the tax. There should be a board of taxation, to receive, digest, and examine, the suggestions of others. In short, pains should be taken to bring to perfection the system. At present, it is left to chance; that is to say, it is left for those to do who have not time to do it, and, of consequence, the blunders committed are seen by all the world. {212}
{212} An act of parliament for a new tax is seldom ever right till it has been evaded a number of times, and even then in perfectioning =sic= it, an increase of revenue is the only object attended to; the conveniency of the subject is scarcely ever thought of. Taxes are laid on, that experience proves to be unproductive and oppressive, and sometimes are, and oftener ought, to be repealed; thousands of persons are sometimes ruined for a mere experiment. As the public pays for it, they, at least, might be indulged with a little attention; nothing costs less than civility. If half the attention were paid to preventing unnecessary trouble to the subject, [end of page #278] in cases of taxation, that is paid to the preservation of partridges, we should have the thing very differently managed. There should also be a public office, to hear just complaints against those who give unnecessary trouble, as there is for hackney coachmen. Men in all situations require to be under some controul, where they have power. Most of those who _drive_ others, go wrong sometimes, unless held in check by some authority.
The encroachments of separate bodies on the public, it is entirely in the power of the state to prevent. It is owing to weakness or carelessness, or ignorance, that governments admit of such encroachments, and they are easily to be prevented, partly, as has been shewn, by positive regulation, and partly by counteracting them, whenever they appear to be proceeding in a direction any way doubtful. When they do so, the conclusion may be, that they are working for themselves; and, in that case, they ought to be very minutely examined into; and, as all public bodies, and men belonging to a cla.s.s that has a particular interest generally derive their means of trenching on the public from government, it may very easily controul their action, or counteract the effect.
As lawyers have the administration of justice amongst themselves; as the executive part is in their hand, the law-makers should be particularly careful to make them amenable by law for bad conduct; it ought not to be left in the bosom of a court, to strike off, or keep on, an improper man. It is not right, on the one hand, that attorneys, or any set of men, should be subject to an arbitrary exertion of power; and it is equally unfair for them to be protected, by having those who are to judge between them and the public, always belonging to their own body. In defence of this, it is said, that attornies are servants of the court, and that the business of the court being to do justice, their correction cannot be in better hands. This is a tolerably ingenious a.s.sertion, if it were strictly true; but the court consists both of judge and jury; whereas, in this case, the judge a.s.sumes all the power; that is to say, when a case is to be determined relative to the conduct of a lawyer, a lawyer is to be the sole judge, and the jury, who represent the public, are to have their power set aside; thus, when their opinion is most wanted, it is not allowed to be given. Under such regulation, what real redress can be expected? As for the taxing costs by a master, it is [end of page #279] rarely that a client, from prudential motives, dares appeal; and, when he does, the remedy is frequently worse than the disease; and, even in this case a lawyer judges a lawyer. Without saying any thing against the judgments, it will be allowed, that in neither case is the principle of Magna Carta adhered to, of a man being judged by his peers; besides, in every other fraud there is punishment proportioned to the crime. In this case there is no punishment, unless the extortion is exorbitant, and then the punishment is too great. It ought to be proportioned to the offence, as in cases of usury, and then it would be effectual; but to let small misdemeanors go free and to punish great ones beyond measure is the way to elude punishment in all cases. A man ought to pay his bill; let the attorney take the money at his peril, and let there be a court to judge fairly, at little expense, and with prompt.i.tude, and punish the extortion by a treble fine. This would answer; but all regulations, relative to law, are left to the lawyers themselves; and the fable of the Man, the Lion, and the Picture, was never so well exemplified, Never, in any case, was redress more wanted; perhaps, never was it less likely to be had.
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