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30 Aug 1812
Evidence Introd
Ch 15. Preappointed
'. Obstacles
Navy Office &c.
In cases of this sort the amount of the loss to the public is the true measure of the mischief, the amount of the gain to the individual is almost the only object whereby the jealousy in which the mischief finds almost its only preventive remedy is want to be excited.
Under the notion of improving the navigation suppose a work carried on by which the navigation instead of being improved is impared, and the quantity of the matter of wealth to the amount of a [...?] of money thus expended. Suppose but on this occasion no suspicion of sinister gain attaches itself any where; the whole of the money may then be best said all thewhile by those by whom in or out of authority the function of public guardians is taken in hand the matter shall scarcely be deemed worth a thought. On the other hand let but any such murmur be raised so that by the injuror under whose management the business has been conducted has gained some ten or twenty thousand pound more than he ought to have gained all these guardians ore less on arms and pages upon pages are filled with exclamation about job and peculation. Doubtless supposing the imputation just, here is a real mischief, for which restitution, with or without punishment, would be proper remedy. But supposing example out of the case a loss being on both [...?] the same, docs the profit made by the individual constitute an addition to the mischief? on the contrary it constitutes in some degree or [...?]-off to it, an alleviation of it. Better the whole worth of the materials should be sunk in the pocket of the Engineer, than the materials themselves sunk on the sea, [...?] suggesting that by their being so weak no other mischief is done.
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