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go 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 forbids the seizing and confiscating； in case of war； the effects of foreign merchants； except by way of reprisals。 It is an honour to the English nation that they have made this one of the articles of their liberty。
In the late war between Spain and England； the former made a law which punished with death those who brought English merchandise into the dominions of Spain； and the same penalty on those who carried Spanish merchandise into England。＇10＇ An ordinance like this cannot； I believe； find a precedent in any laws but those of Japan。 It equally shocks humanity； the spirit of commerce； and the harmony which ought to subsist in the proportion of penalties； it confounds all our ideas； making that a crime against the state which is only a violation of civil polity。
15。 Of seizing the Persons of Merchants。 Solon made a law that the Athenians should no longer seize the body for civil debts。＇11＇ This law he received from Egypt。 It had been made by Boccoris； and renewed by Sesostris。＇12＇
This law is extremely good with respect to the generality of civil affairs； but there is sufficient reason for its not being observed in those of commerce。＇13＇ For as merchants are obliged to entrust large sums； frequently for a very short time； and to pay money as well as to receive it； there is a necessity that the debtor should constantly fulfil his engagements at the time prefixed； and hence it becomes necessary to lay a constraint on his person。
In affairs relating to common civil contracts； the law ought not to permit the seizure of the person； because the liberty of one citizen is of greater importance to the public than the ease or prosperity of another。 But in conventions derived from commerce； the law ought to consider the public prosperity as of greater importance than the liberty of a citizen； which； however； does not hinder the restrictions and limitations that humanity and good policy demand。
16。 An excellent Law。 Admirable is that law of Geneva which excludes from the magistracy； and even from the admittance into the great council； the children of those who have lived or died insolvent； except they have discharged their father's debts。 It has this effect： it creates a confidence in the merchants； in the magistrates； and in the city itself。 There the credit of the individual has still all the weight of public credit。
17。 A Law of Rhodes。＇14＇ The inhabitants of Rhodes went further。 Sextus Empiricus observes that among those people a son could not be excused from paying his father's debts by renouncing the succession。 This law of Rhodes was calculated for a republic founded on commerce。 Now I am inclined to think that reasons drawn from commerce itself should make this limitation； that the debts contracted by the father since the son's entering into commerce should not affect the estate or property acquired by the latter。 A merchant ought always to know his obligations； and to square his conduct by his circumstances and present fortune。
18。 Of the Judges of Commerce。 Xenophon； in his book of Revenues； would have rewards given to those overseers of commerce who despatched the causes brought before them with the greatest expedition。 He was sensible of the need of our modern jurisdiction of a consul。
The affairs of commerce are but little susceptible of formalities。 They are the actions of a day； and are every day followed by others of the same nature。 Hence it becomes necessary that every day they should be decided。 It is otherwise with those actions of life which have a principal influence on futurity； but rarely happen。 We seldom marry more than once； deeds and wills are not the work of every day； we are but once of age。
Plato＇15＇ says that in a city where there is no maritime commerce there ought not to be above half the number of civil laws： this is very true。 Commerce brings into the same country different kinds of people； it introduces also a great number of contracts and species of wealth； with various ways of acquiring it。
Thus in a trading city there are fewer judges； and more laws。
19。 That a Prince ought not to engage himself in Commerce。 Theophilus；＇16＇ seeing a vessel laden with merchandise for his wife Theodora； ordered it to be burned。 〃I am emperor；〃 said he； 〃and you make me the master of a galley。 By what means shall these poor men gain a livelihood if we take their trade out of their hands？〃 He might have added。 Who shall set bounds to us if we monopolise all ourselves？ Who shall oblige us to fulfil our engagements？ Our courtiers will follow our example； they will be more greedy and more unjust than we： the people have some confidence in our justice； they will have none in our opulence： all these numerous duties； the cause of their wants； are certain proofs of ours。
20。 The same Subject continued。 When the Portuguese and Castilians bore sway in the East Indies； commerce had such opulent branches that their princes did not fail to seize them。 This ruined their settlements in those parts of the world。
The viceroy of Goa granted exclusive privileges to particular persons。 The people