Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
THERE is also another ill consequence attending high imports on
merchandize, not frequently considered, but indisputably certain; that
the earlier any tax is laid on a commodity, the heavier it falls upon
the consumer in the end: for every trader, through whose hands it
passes, must have a profit, not only upon the raw material and his own
labour and time in preparing it, but also upon the very tax itself,
which he advances to the government; otherwise he loses the use and
interest of the money which he so advances. To instance in the article
of foreign paper. The merchant pays a duty upon importation, which he
does not receive again till he sells the commodity, perhaps at the end
of three months. He is therefore equally entitled to a profit upon
that duty which he pays at the customhouse, as to a profit upon the
original price which he pays to the manufacturer abroad; and considers
it accordingly in the price he demands of the stationer. When the
stationer sells it again, he requires a profit of the printer or
bookseller upon the whole sum advanced by him to the merchant: and the
bookseller does not forget to charge the full proportion to the
student or ultimate consumer; who therefore does not only pay the
original duty, but the profits of these three intermediate traders,
who have successively advanced it for him. This might be carried much
farther in any mechanical, or more complicated, branch of trade.
II. DIRECTLY opposite in it's nature to this is the excise duty; which
is an inland imposition, paid sometimes upon the consumption of the
commodity, or frequently upon the retail sale, which is the last stage
before the consumption. This is doubtless, impartially speaking, the
most oeconomical way of taxing the subject: the charges of levying,
collecting, and managing the excise duties being considerably less in
proportion, than in any other branch of the revenue. It also renders
the commodity cheaper to the consumer, than charging it with customs
to the same amount would do; for the reason just now given, because
generally paid in a much later stage of it. But, at the same time, the
rigour and arbitrary proceedings of excise-laws seem hardly compatible
with the temper of a free nation. For the frauds that might be
committed in this branch of the revenue, unless a strict watch is
kept, make it necessary, wherever it is established, to give the
officers a power of entring and searching the houses of such as deal
in excisable commodities, at any hour of the day, and, in many cases,
of the night likewise. And the proceedings in case of transgressions
are so summary and sudden, that a man may be convicted in two days
time in the penalty of many thousand pounds by two commissioners or
justices of the peace; to the total exclusion of the trial by jury,
and disregard of the common law. For which reason, though lord
Clarendon tells us[g], that to his knowlege the earl of Bedford (who
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