Memoir of the Life of John Quincy Adams.Quincy, Josiah
History
Memoir of the Life of John Quincy Adams.
Quincy, Josiah
Adams, John Quincy, 1767-1848
After commenting on this act of the British Parliament, he quotes
the words of Blackstone, who, after stating the nature of these
smuggling policies, and dwelling upon their immorality and
pernicious tendency, refers to the law above mentioned, which
enacts "that they shall be totally null and void, except as to
policies on privateers in the Spanish and Portuguese trade, _for
reasons sufficiently obvious_." (2 Blackstone, ch. XXX., p. 4, Sec.
1.) On this statement of Blackstone Mr. Adams remarks:
"It is an old maxim of the schools that frauds are always concealed
under generalities. What were these _obvious reasons_? Why were
they concealed? It is known to the committee that, in the
celebrated controversy of the man in the mask,--I mean Junius with
Blackstone,--he said, that for the defence of law, of justice, and
of truth, let any man consult the work of that great judge, his
Commentaries upon the laws of England; but, if a man wanted to
cheat his neighbor out of his estate, he should consult the doctor
himself. I go a little further than Junius, although I do it with
great reluctance, for I hold the book to be one of the best books
in the world. I say that the observation of Junius applies to the
book as much as to the judge, when, from reasons like those with
which scoundrels cover their consciences, that book evades telling
why the exception was made in regard to Spain and Portugal, and
what those reasons were which the judge declares to be
'_sufficiently obvious_.'
"This exception of the British law was _infectious_; it spread into
France, whose government adopted the same provision by way of
_reprisal_."
Mr. Adams then read from Emerigon, the principal authority of French
lawyers on insurance, who denies the principles of the English statute;
and M. Pothier, not a mere lawyer, but a philosopher and moralist, who
protests against this doctrine, and appeals to the eternal laws of
morality. He then cites the second volume _Term Reports_, p. 164, in
which Judge Buller states, "I have heard Lord Mansfield say that the
reason of that allowance was to favor the smuggling of bullion from
those countries." On which Mr. Adams remarks:
"This is the sum of the whole matter. Judge Buller heard Lord
Mansfield say that the object of the exception in regard to Spain
and Portugal was to encourage--yes, to _encourage_--the smuggling
trade. The object was that smugglers should not only escape the
effect of their villany, but should be actually encouraged by
government in its perpetration.
Public-domain text, read in full here on John Shaqi.
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