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Id. Odyssey.

All your muse's softer art display; Let Carolina smooth the tuneful lay; Lull with Amelia's liquid name the Nine, And sweetly flow through all the royal line. Pope. The musick of that murmuring spring Is not so mournful as the strains you sing; Nor rivers winding through the vales below So sweetly warble, or so smoothly now. SMOTH'ER, v. a., v. n. & n. s. Sax. гmoɲan; Belg. smooren. To suffocate with smoke, or by exclusion of the air; suppress: to smoke without vent; be suppressed: a smoke; thick dust; state of suppression.

Id.

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Nothing makes a man suspect much, more than to know little; and therefore men should procure to know more, and not to keep their suspicions in smother. Id. Essays. Hay and straw have a very low degree of heat; but yet close and smothering, and which drieth not. ld. Natural History.

She was warmed with the graceful appearance of the hero: she smothered those sparkles out of decency but conversation blew them up into a flame.

Dryden's Eneid, Dedication.

Where yon disordered heap of ruin lies, Stones rent from stones, where clouds of dust arise Amid that smother Neptune holds his place.

Id. Æneid.

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the stroke.

None can breathe, nor see, nor hear at will, Through smouldry cloud of duskish stinking smoke, That the' only breath him daunts who hath escaped Faerie Queene. In some close pent room it crept along, And, smouldering as it went, in silence fed; Till the' infant monster, with devouring strong, Walked boldly upright with exalted head. Dryden. SMUG, adj. Belg. smucken, to dress. Nice; spruce; dressed with affectation of niceness.

There I have a bankrupt for a prodigal, who dares scarce shew his head on the Rialto; a beggar, that used to come so smug upon the mart.

Shakspeare. Merchant of Venice. My men,

In Circe's house, were all, in severall baine Studiously sweetened, smuged with oile, and decked With in and out weeds.

Chapman. He who can make your visage less horrid, and your person more smug, is worthy some good recep tion. Spectator.

Lilies and roses will quickly appear,
And her face will look wonderous smugly. Gay.
SMUGGLE, v. a. Belg, smockelen. To
SMUGGLER, n. s.
import or export goods

without paying the customs. See below. The smuggler is the nefarious actor in these exploits. SMUGGLING. The duties of customs were originally instituted in order to enable the king to afford protection to trade against pirates; they have since been continued as a branch of the public revenue. As duties imposed upon the importation of goods necessarily raise their price above what they might otherwise have been sold for, a temptation is presented to import the commodity clandestinely and to evade the duty. Many persons, prompted by the hopes of gain, and considering the violation of a positive law of this nature as in no respect criminal (an idea in which they have been encouraged by a great part of the community, who make no scruple to purchase smuggled goods), have engaged in this illicit trade. It was impossible that government could permit this practice, which is highly injurious to the fair trader, as the smuggler is enabled to undersell him, while at the same time he impairs the national revenue, and thus evades the end for which these duties were appointed. Such penalties are therefore inflicted as it was thought would prevent smuggling. Many laws have been made with this view. When we consider the nature, and still more the history, of mankind, we must allow that the enacting of severe laws is not always the way to prevent crimes. It were indeed much to be wished that there were no such thing as a political crime; for the generality of men, but especially the lower orders, not discerning the propriety or utility of such laws, consider them as oppressive and tyrannical, and never hesitate to violate them when they can do it with impunity. Instead therefore of punishing smugglers, it would be much better to remove the temptation. But the high duties which have been imposed upon the importation of many different sorts of foreign goods, to discourage their consumption in Great Britain, have in many cases served only to encourage smuggling; and in all cases have reduced the revenue of the customs below what more moderate duties would have afforded. The saying of Swift, that in the arithmetic of the customs two and two, instead of making four, make sometimes only one, holds perfectly true with regard to such heavy duties, which never could have been imposed, had not the mercantile system taught us, in many cases, to employ taxation as an instrument, not of revenue, but of monopoly. The bounties which are sometimes given upon the exportation of home produce and manufactures, and the drawbacks which are paid upon the reexportation of the greater part of foreign goods, have given occasion to many frauds, and to a species of smuggling more destructive of the public revenue than any other. To obtain the bounty or drawback, the goods, it is well known, are sometimes shipped and sent to sea, but soon afterwards clandestinely relanded in some other part of the country. Heavy duties being imposed upon almost all goods imported, our merchant importers smuggle as much, and make entry of as little as they can. Our merchant exporters, on the contrary, make entry of more than they export; sometimes out of vanity, and to pass for great dealers in goods which pay no duty;

and sometimes to gain a bounty or a drawback. Our exports, in consequence of these different frauds, appear upon the custom-house books greatly to overbalance our imports; to the unspeakable comfort of those politicians who measure the national prosperity by what they call the balance of trade.

The smuggling bill of 1826 contains the principal provisions now in force in Great Britain and its dependencies.

OF SMUGGLING GENERALLY.

From and after the 5th of January, 1826, this act, and all the provisions therein contained, shall have effect and come into and be and continue in full force and operation, for the prevention of smuggling, and shall extend to any law in force, or hereafter to be made, relating to the revenue or management of the customs.

If any vessel or boat belonging in the whole or in part to his majesty's subjects, or whereof one-half of the persons on board or discovered to have been on board the vessel or boat be subjects of his majesty, be found within four leagues of the coast of that part of the united kingdom which is between the North Foreland on the coast of Kent and Beachy Head on the coast of Sussex, or within eight leagues of the coast of any other part of the united kingdom, or shall be discovered to have been within the said distances, not proceeding on her voyage, wind and weather permitting, having on board or in any manner attached or affixed thereto, or having had on board or in any manner attached or affixed thereto, or conveying or having conveyed in any manner any goods whatsoever liable to forfeiture by this or any other act relating to the revenue of customs upon being imported into the united kingdom, then not only all such goods, together with their packages, and all goods contained therein, but also the vessel or boat, together with all her guns, furniture, ammunition, tackle, and apparel, shall be forfeited: provided that such distance of eight leagues shall be measured in any direction between the southward and eastward of Beachy Head; and the provisions of this act shall extend to such distance of eight leagues in every direction from Beachy Head, although any part of such limits may exceed the distance of four leagues from any part of the coast of Great Britain to the eastward of Beachy Head aforesaid. § 2.

If any vessel or boat, not being square-rigged, belonging in the whole or in part to his majesty's subjects, or whereof one-half of the persons on board or discovered to have been on board the vessel or boat be subjects of his majesty, be found in any part of the British or Irish channels, or elsewhere on the high seas, within 100 leagues of any part of the coasts of the united kingdom, or be discovered to have been within the said limits or distances, having on board or in any manner attached or affixed thereto, or having had on board or in any manner attached or affixed thereto, or conveying or having conveyed in any manner, any brandy or other spirits in any cask or package of less size or content than four gallons (excepting only for the use of the seamen then belonging to and on board such vessel or

boat, not exceeding two gallons for each seaman,) or any tea exceeding six pounds in the whole, or any tobacco or snuff in any cask or package whatever, containing less than 450 lbs. or packed separately in any manner within any such cask or package (except loose tobacco for the use of the seamen, not exceeding five pounds for each seaman), or any cordage or other article adapted and prepared for slinging small casks, or any casks or other vessels whatsoever capable of containing liquids, of less size or content than forty gallons, of the sort or description used or intended to be used or fit or adapted for the smuggling of spirits, or any materials for the forming, making, or constructing such casks or vessels, or any syphon, tube, hose, or implements whatsoever, for the broaching or drawing any fluid, or any articles or implements or materials adapted for the repacking tobacco or snuff (unless the cordage or other articles as aforesaid are really necessary for the use of the vessel or boat, or are a part of the cargo of the vessel or boat, and included in the regular official documents of the vessel or boat), in such case the spirits, tea, tobacco, or snuff, together with the casks or packages containing the same, and the cordage or other articles, and also the vessel or boat, with all her guns, furniture, ammunition, tackle, and apparel therein, shall be forfeited.-§ 3.

If any foreign vessel or boat (not being squarerigged), in which there shall be one or more subjects of his majesty, be found within four leagues of that part of the United Kingdom which is between the north Foreland on the coast of Kent and Beachy Head on the coast of Sussex, or within eight leagues of any other part of the coast of the United Kingdom, to be measured as aforesaid, or shall be discovered to have been within the said distances, not proceeding on her voyage, wind and weather permitting, having on board or in any manner attached or affixed thereto, or having had on board or in any manner attached or affixed thereto, or conveying or having conveyed in any manner, any brandy or other spirits, in any cask or package of less size or content than forty gallons (except only for the use of the seamen belonging to and on board such vessel, not exceeding two gallons for each seaman), or any tea, exceeding six pounds in the whole, or any tobacco or snuff in any cask or package whatsoever containing less than 450 lbs. or packed separately in any manner within such cask or package (except loose tobacco for the use of the seamen, not exceeding five pounds for ench seaman on board such vessel), then such vessel or boat, with all her guns, furniture, ammunition, tackle, and apparel, shall be forfeited. And if any foreign vessel whatsoever be found within one league of the coast of the United Kingdom, not proceeding on her voyage, wind and weather permitting, having on board or in any manner attached or affixed thereto, or having had on board or in any manner attached or affixed thereto, or conveying or having conveyed in any manner, within such distance, any goods whatsoever, liable to forfeiture by this or any other act relating to the revenue of customs, upon being imported into the United Kingdom, in such case the vessel, together with her guns,

furniture, ammunition, tackle, and apparel, and all such goods laden therein, shall be forfeited. -$5.

When any vessel or boat belonging in the whole or in part to his majesty's subjects, or whereof one half of the persons on board are subjects of his majesty, shall be found within four or eight leagues of the coast of the United Kingdom as aforesaid, or be found as aforesaid in the British or Irish channels, or elsewhere within 100 leagues of the coast of this kingdom, and chase shall be given, or signal made by any vessel in his majesty's service or in the service of the revenue, hoisting the proper pendant and ensign as hereinafter mentioned, in order to bring such vessel, or boat to, if any person on board such vessel or boat shall, during the chase, or before such vessel or boat shall bring to, throw overboard the cargo or any part of the same (unless through unavoidable necessity or for the preservation of such vessel or boat, the vessel or boat having a legal cargo on board), or shall stave or destroy any part of the cargo to prevent seizure thereof, in such case the vessel or boat, with all her guns, furniture, ammunition, tackle, and apparel, shall be forfeited.-§ 6.

If any vessel (not being square-rigged, nor a galliott of not less than fifty tons burden) or any boat coming from Brest on the coast of France, or from any place between Brest on the coast of France and Cape Finisterre on the coast of Spain, including all islands on the coast of France and Spain between those places, or coming from any place between the Helder Point on the coast of Holland and North Bergen on the coast of Norway, or from any place as far up the Cattegat as Gottenburgh, including all the islands on the coasts between those places, shall arrive in any of the ports of the United Kingdom, or shall be found at anchor or hovering within the limits of any of the ports thereof, and not proceeding on her voyage, wind and weather permitting, having on board, for the use of the seamen then belonging to and on board such vessel or boat, any spirits exceeding one half gallon for each seaman, or having on board any tea, exceeding four pounds in the whole, or having on board any tobacco (excepting loose tobacco, not exceeding two pounds for each seaman), then not only all such goods, but also the vessel or boat, with all her materials, shall be forfeited.—§ 7.

If any vessel (not being square-rigged, nor a galliott of not less than fifty tons burden), or any boat coming from any place between Brest on the coast of France and the Helder Point on the coast of Holland, including the Texel Isle, and all places on the Zuyder Zee, and all islands on the coasts of France, the Netherlands, and Holland, between Brest and the Texel, shall arrive in any of the ports of the United Kingdom, or be found at anchor or hovering within the limits of any of the ports thereof, and not proceeding on her voyage, wind and weather permitting, having on board, for the use of the seamen then belonging to and on board such vessel or boat, any spirits exceeding one-half gallon for each seaman, or having on board any tea exceeding two pounds in the whole, or having on board any tobacco, except loose tobacco, not exceed

ing one pound for each seaman, then not only all such goods, but also the vessel or boat, with all her materials, shall be forfeited.—§.8.

Vessels within certain distances of Guernsey, &c., having on board contraband goods, or sailing thence with an improper number of men; or taking on board implements for smuggling, or without a clearance, are to be forfeited.

If any vessel or boat whatever be found within the limits of any port of the United Kingdom with a cargo on board, and such vessel shall afterwards be found light or in ballast, and the master is unable to give a due account of the place within the United Kingdom where such vessel shall have legally discharged her cargo, such vessel or boat, with her guns, furniture, ammunition, tackle, and apparel, shall be forfeited.--§ 13.

When vessels not bringing to during chase may be fired at.-In case any vessel or boat, liable to seizure or examination under any act or law for the prevention of smuggling, shall not bring to on being required so to do, on being chased by any vessel in his majesty's navy, having the proper pendant ensign of his majesty's ships hoisted, or by any vessel employed for the prevention of smuggling under the authority of the lords commissioners of the admiralty, or the commissioners of customs, having a pendant and ensign hoisted, of such description as his majesty, by any order in council, or by his royal proclamation under the great seal of the United Kingdom, shall have directed, or shall from time to time in that behalf direct, it shall be lawful for the captain, master, or other person having the command of such vessel in his majesty's navy, or employed as aforesaid (first causing a gun to be fired as a signal), to fire at or into such vessel or boat; and such captain, &c., is hereby indemnified and discharged from any indictment, penalty, or action for damages for so doing; and in case any person be wounded, maimed, or killed by any such firing, and the captain, &c., be sued, molested, or prosecuted, or be brought before any of his majesty's justices of the peace or other justices, or persons having competent authority, for such firing, wounding, maiming or killing, every such justice, or person, is hereby authorised and required, to admit every such captain &c., to bail.

Hoisting flags in imitation of those of the navy. -If any person shall, from 5th July 1825, wear, carry, or hoist in or on board any ship or boat whatever belonging to any of his majesty's subjects, whether the same be merchant or otherwise, without particular warrant for so doing from his majesty or his high admiral of Great Britain, or the commissioners for executing the office of high admiral of Great Britain, his majesty's jack commonly called the union jack, or any pendant,ensign, or colors usually worn by his majesty's ships, or any flag, jack, pendant, ensign, or colors, resembling those of his majesty, or those used on board his majesty's ships, or any other ensign or colors than the ensign or colors by any proclamation of his majesty now in force or hereafter to be issued prescribed to be worn, in every such case the master or the owners being on board the same, and every other person so offending shall forfeit £50, which

shall and may be recovered with costs of suit, and it shall be lawful for any officer of his majesty's navy, customs, or excise, to enter on board any such ship or boat, and to seize and take away any such prohibited flag, jack, pendant, ensign, or colors, and the same shall thereupon become forfeited to his majesty's use.-§ 15.

Shipped prohibited goods, or those brought to quay.-If any goods which are or may be prohibited to be exported, be put on board any vessel or boat with intent to be laden or shipped for exportation, or shall be brought to any quay, wharf, or other place in the United Kingdom, in order to be put on board any vessel or boat, for the purpose of being exported; or if any goods, which are prohibited to be exported, be found in any package produced to the officers of the customs, as containing goods not so prohibited, then not only all such prohibited goods, but also all other goods packed therewith, shall be forfeited. -§ 33.

OF SEIZURES.

All vessels and boats, and all goods whatsoever liable to forfeiture, under this or any other act relating to the revenue of customs, shall and may be seized in any place either upon land or water, by any officer of his majesty's army, navy, or marines, duly authorised and on full pay, or officer of customs or excise, or any person having authority to seize from the commissioners of customs or excise; and all vessels, boats, and goods so seized shall, as soon as conveniently may be, be delivered into the care of the proper officer appointed to receive the same.-§ 34. And it shall be lawful for any officer of the army, navy, or marines, duly authorised and on full pay, or for any officer of customs, producing his warrant or deputation (if required) to go on board any vessel which shall be within the limits of any of the ports of this kingdom, and to rummage and to search the cabin and all other parts of such vessel for prohibited and uncustomed goods, and to remain on board such vessel during the whole time that the same shall continue within the limits of such port; and also to search any person either on board, or who shall have landed from any vessel; provided such officer shall have good reason to suppose that such person hath any uncustomed or prohibited goods secreted about his person; and if any person obstruct, oppose, or molest any such officer in going or remaining on board, or in entering or searching such vessel or person, every such person shall forfeit £100.-§ 36.

Of searching persons.-Before any person shall be searched, by any such officer as aforesaid, it shall be lawful for such person to require such officer to take him or her before any justice of the peace, or before the collector, controller, or other superior officer of customs, who shall determine whether there is reasonable ground to suppose that such person has any uncustomed or prohibited goods about his or her person; and if it appear to such justice, or superior officer of customs, that there is reasonable ground to suppose that such person has any uncustomed or prohibibited goods about his or her person, then such justice cr officer shall direct such person to be

searched in such manner as he shall think fit; but, if it appear to such justice or officer that there is not reasonable ground to suppose that sach person has any uncustomed or prohibited goods about his or her person, then such justice or officer shall forthwith discharge such person, who shall not in such case be liable to be searched; and every such officer is hereby authorised and required to take such person, upon demand, before any such justice or officer, detaining him or her in the meantime: provided that no person, being a female, so directed to be searched, shall be searched by any other person than a female, duly authorised for that purpose by the commissioners of customs.-§ 37.

If any passenger or other person on board any vessel or boat shall, upon being questioned by any officer of customs, whether he has any foreign goods upon his person, or in his possession, deny the same, and any such goods shall, after such denial, be discovered upon his person, or in his possession, such goods shall be forfeited, and such person shall forfeit treble the value of such goods. 39. And it shall be lawful for any officer of customs, or person acting under the direction of the commissioners of customs, authorised by writ of assistance under the seal of his majesty's court of exchequer, to take a constable, headborough, or other public officer inhabiting near the place, and in the day time to enter into any house, shop, cellar, warehouse, room, or other place, and in case of resistance to break open doors, chests, trunks, and other packages, there to seize and thence to bring any uncustomed or prohibited goods, and to put and secure the same in the custom-house warehouse in the port next to the place whence such goods shall be so taken provided that for the purposes of this act any such constable, head borough, or other public officer duly sworn as such, may act as well without the limits of any parish, ville, or other place for which he shall be so sworn, as within such limits.-§ 40. All writs of assistance so issued from the court of exchequer shall continue in force during the whole of the reign in which such writs shall have been granted, and for six months from the conclusion of such reign. -§ 41.

Police officers seizing goods.-If any goods iiable to forfeiture under this or any other act relating to the revenue of customs, be stopped or taken by any police officer, or other person acting by virtue of any act of parliament, or otherwise duly authorised, such goods shall be carried to the custom-house warehouse next to the place where the goods were stopped or taken, and there delivered to the proper officer appointed to receive the same, within forty-eight hours after the said goods were stopped and taken.-§ 42. If any such goods be stopped or taken by such police-officer, on suspicion that the same have been feloniously stolen, it shall be lawful for the said officer to carry the same to the police-office to which the offender is taken, there to remain in order to be produced at the trial of the offender; and in such case the officer is required to give notice in writing to the commissioners of customs of his having so detained the goods, with the particulars of the same, and immediately after the trial all such goods are to be conveyed

and deposited in the custom-house warehouse as aforesaid, to be proceeded against according to law; and in case any police-officer, making detention of any such goods, neglect to convey the same to such warehouse, or to give the notice of having stopped the same as before described, such officer shall forfeit £20.-—§ 43.

Of harbouring prohibited or uncustomed goods.— Every person not arrested and detained, as hereinafter mentioned, who shall, either in the United Kingdom or the Isle of Man, assist or be otherwise concerned in the unshipping of any goods which are prohibited, or the duties for which have not been paid or secured, or who shall knowingly harbour, keep, or conceal, or shall knowingly permit or suffer to be harboured, kept, or concealed, any goods which have been illegally unshipped without payment of duties, or which have been illegally removed without payment of the same, from any warehouse or place of security in which they may have been originally deposited, or shall knowingly harbour, keep, or conceal, or permit or suffer to be harboured, kept, or concealed, any goods prohibited to be imported, or to be used or consumed in the United Kingdom, or in the Isle of Man: and every person, either in the United Kingdom or the Isle of Man, to whose hands and possession any such uncustomed or prohibited goods shall knowingly come, shall forfeit either the treble value thereof, or the penalty of £100, at the election of the commissioners of his majesty's customs.- 45. If any goods, upon which there is a drawback or bounty, be shipped to be exported into parts beyond the seas, and afterwards be unshipped with intention to be relanded in the United Kingdom (unless in case of distress, to save the goods from perishing), then the goods shall be forfeited, and the master of the vessel from which they shall be unshipped, and every person concerned in the unshipping, and the person to whose hands the same shall knowingly come, or who shall knowingly harbour, keep, or conceal, or suffer to be harboured, kept, or concealed, such goods, shall for every such offence forfeit the treble value of the goods, or £100, at the election of the commissioners of customs.§ 46. And every person who, by way of insurance or otherwise, shall undertake or agree to deliver any goods to be imported from beyond the seas, at any place in the United Kingdom, without paying the duties due on such importation, or any prohibited goods; or in pursuance of such insurance, or otherwise, shall deliver or cause to be delivered any uncustomed or prohibited goods, every such person, and every aider or abettor thereof, shall for such offence forfeit £500, over and above any other penalty to which by law he may be liable; and every person who shall agree to pay any money for the insurance or conveyance of such goods, or shall receive or take such goods into his custody or possession, or suffer the same to be so received or taken, shall also forfeit £500, over and above any penalty to which by law he may be liable on account of such goods.—§ 47.

Every person, being a subject of his majesty, who shall be found or discovered to have been on board any vessel or boat liable to forfeiture, under this or any other act relating to the revenue

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