»«£"«E ■^^^s^ J&S.K7 ,cs;C:. ■crc C3:c: ■ cc «: die ■-«^c«z:«rGC *^ - cc CCf cc d < «d_. cd dC'^c:. _: cc; cfcsd: c:- ccdc< * . v' THE LAW OF USURY. Mr. Ohatrman: The present state of the law in the District of Columbia on the subject of usury would seem at this juncture of our affairs to require reconsiueration and reform. Wiien, if at all, Congress will take action upon it is uncertain; but it has been thought piudent at this time to submit to you, as advisers of that body, some reflections in behalf of such reform. It is apprehended that innovation in that branch of our laws would not be effected without difficulty. To attempt it would be to war upon one of the strongest legal prejudices of the country. The existence of a statute in the Fedral Code prohibiting more than a fixed rate of interest for the loan or forbearance of mone.y, is a feacful testimony of that power by which the superstition of a dark age may transmit its errors from generation to generation. But that power exists, and we are compelled alike to admit it and to deplore it. Under its influence falsehood becomes so venerable that \ we (ear to approach into its presence and examine its founda- tions. It subordinates the understanding to the dogmas of antigaity, and makes a thousand years a stronger argument than a good reason. We see it in all the walks of life, from the erudite senator to the illiterate, peasant, and whenever we see it, its footsteps are directed to evil. Fortunately for the wellfare of our race, this species of tyranny is not wholly impi-egnable. Though still potent, it has been gradually •waning and disappearing before the growing light of truth. One by one its strong places have surrendered, and we have reason to hope that science and observation will continue to break down its bulwarks, until it shall either become ex- tinguished, or shall, at the least, be no longer formidable. The subject before us is the proper consideration for the use of money. We say that money is fairly to be regarded as a necessary of life. If we abolish the use of it, commerce must perish. But the wants of commerce are so far beyond tlic means of its agents that capital must be borrowed; and capital cannot beboiTO\ved unless a consideration is paid for its use. Payment of interest then for the use of money is as much a necessity as the use of capital- — for on that con- sideration only can capital be bad. Men will not and should not forego the use of their nioney and hazaid its loss without any consideration. To limit the measure of that consideration is a problem, a grave problem, one whose solution belongs, not to legislative bodies, but to those who, respectively, pa,y and receive that consideration, i'he practice of usury, or interest or compensation for the use of money, is very old. Its history reaches far back to a very remote period of the world. And the approving judgment of men of different ages and nations, ai'gues that It it reasonable and moral. It is probable that it has been piacticed in most, if not all civilized nations, ancient and modern. Under the law of Moses, the Jew was allowed to practice it upon strangers, though not upon his brethren, a distinction clearly political, and which argues the abstract morality of the practice, for if not moral, it probably would not have been allowed even upon strangers. It is said the Jews have been monej^ lendeis on interest, usurers, in all ages ; and as they have long been a bated people, it is probable that much of the odium of usury is attributable to the odium of that usurious race. By the laws of the Twelve Tables usuiy was allowed in Eome at the rate of oue-pejceut. pei' annum ; and more than one hundred years belore that period, Solon, the great Athenian legislator, estabhshed the rate of interest among the Athenians at twelve per cent, per annum. At the time of Grotius, iuterest in Holland v/as eight per cent, on common loans, and twelve per cent, on loans to merchants; and it was the wish of Lord Bacon to introduce that policy into England, but it was not done. In England the rate of iuteiest Ijas fluctuated. In the reign of Henry VIII, and of Elizabeth, it was limited to ten per cent. In the reign of James 1. it was I'educed to eight per cent. In the reign of Charles II. it was still further reduced to six per cent. And by the statute of 12 Anne it was again reduced to five per cent., which was the limit in the time of George III. In the year 185G, the British law of usury was abohshed. There is now, also, no law against usury in the American States of Colorado, California, Arkansas, Florida, Georgia, Maine, Massachusetts, Mississippi, Nevada, Rhode Island, South Caroli-na and Texas. In the different States of the American Union in which usury laws stih exist, the rate of interest is widely different. And according to the successive variations which may be expected in the financial and commercial interests of these States, and of foreign States, may we expect fluctuation from time to time in their respec4:lve rates of interest. Looking back at this experience of so many* enlightened nations, protracted through so long a range of time, we may well conclude, if experience is evidence, that there is in the commercial relations of the world a constant necessity for pecuniary loans, and that the obvious interest of both borrowers and lenders has required and justified, respectively, a compensation to the lender for the use of his money. No State can prosper without commerce; commerce cannot exist without credit ; and credit cannot exist without interest in some form. It is true that Aristotle, as well as the gi-eat Jewish lawgiver, is said to have condemned usury; the former on the ground that money is naturally barren, and that to make it breed mone}' is preposterous and a i)erver- sion of its object, whicli was to be a medium of exchange. But in answer to all this it may be said, first, that this passage of Aristotle has been suspected to be spurious; and secondly, that if genuine it is absurd, in as much as the like may be said of machinery, vessels, houses and other such things. Nevertiieless, it may be well briefly to inquire if it is not, in the nature of things, reasonable and just to take interest for the use of money. In this inquiry we premise that our money, like anything else that we own or possess, is by law and light our exclusive property; and being thus exclusively our property, we are thereby entitled to the exclusive use, disposition and enjoyment of it as of any other property, in every respect, manner and form in which it is susceptible of use, disposition and enjoyment. We may convert it into jewelry and use it for the ornament of our persons; or we may buy with it the necessaries of life for our sustenance, or we may employit in the purchase of property, to be resold at a profit. Take the last case. Suppose a man owing $10,000 of capital employs it for twelve months in the purchase and sale of merchandize, and thereby realizes a profit of $3,000. ISTow take the proper value of the persoual services of the proprietor of the money from the total profits of the year's opeiations, and the remainder will express tlie value of the capital during that time. Say the services would be worth $1,000, tiien the remainder of 12,000 would be the distinct and iseparate product of the money. Thus the nse of that capital for twelve months would be worth $2,000. That use is the property of the owner of the capital, and if so, he can rightly sell it as any-other propeity which he owns, the sale of the use being a mode ot enjoying the use which is his pioperty. This is as clear as that a man may take hire from another for the use of a hoise which he migiit have lidden himself. But the sale of sucli a use is only a loan on interest, and it follows that the payment of interest is strictly reasonable and right. We say further, that under different circumstances money is more or less valuable and is worth different rates of interest. These circumstances it is impossible to foresee. No man, no combination of men, can at any one period of time definitely foiesee the weight and character of the ciicumstances tliat will attend a transaction at another period afar off in the future. Legislative bodies have no propiietic sagacity beyond that of the individuals who compose them, and it is there- fore very plain that to fix by law the late of interest on a loan to be made in the distant future, and in advance of the unknown circumstances which should properly settle that Fcite, is an absurdity which ought now to be antiquated. We hold that where money is abundant its use should be cheaper than where it is scarce. This is tenable in theory as well as in practice. When the amount of money for loan is very great, and borrowers can use it to but little advantage, it is clear that the interest on it should be but little ; but when on the contrary there is but little money to be loaned, and much profit can be made by its use, it is then plain enough that the interest upon it should be higher. These fluctuations^ are ever occurring. They cannot be anticipated, and parties whose interest they involve, and who see and appreciate them when they occur, should be allowed to judge for themselves. It would be a ludicrous speculation for Congress, if it. had the power to do so, to undertake in the year 1876, to determine and fix the market pi ice of cotton and tobacco for the year 1880; and yet that body will fix tbe future rate of interest on money in the District of Columbia, although it is a subject alike beyond the range of its sagacity. In the State of Virginia at a recent period, when the contract rate of interest allowed by law was twelve per cent., the usual I'ate of interest at the First National Bank of Eichmond was not over nine per cent. It might be conceived in support of tiie present law that on establishing the rate of interest at any fixed per centum, there would be no occasion to change it at any time, by reason of an increase or decrease in the value of money ; because there would always be a rise or tall in the value of the interest proportioned to that of the principal, so that the iutei'est would, in effect, always be the same. But this is the merest sophistry, for whether the value of money remains constantly the same or not, a greater 2)er centum can be realized on its use at some times than at} others, and the rate of interest should of course vary accord- ingly. It is the value of the hazard of loss, and the temporary use of tbe money, and not the value of the money, that should regulate iuteiist, and the hazard is greater or less in different cases, just as the use is, according to.cirenmstances, more or less valuable. Tlie gieat benefit of the law limiting the rate of interest is supposed to lie in the protection of the borrower against the extortion and oppression of the lender. But in this District no such protection is necessaiy; and our usuiy law is in that regard a superfluous rule. It is no doubt true that many loans are negotiated on interest at 6 per cent which would have been made at a higher rate if this law were out of the way. But that does not pi'ove that to contract for a higher rate would be extortion or oppression. On the contrary the law may operate unjustly to the lender by compelling him to take a less rate of interest than his money is worth. On what principle is it determined that interest at the rate of eight or ten per cent, is extortion? It might result in great gain to the borrower. How can it be extortion when we see the borrower realize twenty per cent, on the use of the money? Extortion argues injury, how then can a clear piofit of twelve per cent, be extortion? But if a loan were> made at such a rate of interest, and under such circumstances as really to amount to extortion, still the enactment of a usuiy law is not necessary to give 6 relief. If the extortion is made to appear on that perfectly sufficient ground, and on that alone, the iniquitous contract may he avoided in a couit of equity. What amounts to imposition or extortion must depend upon the circumstances of each case, and so, what might under some circumstances be a case of extortion, might under others be a perfectly just and fair transaction. But by the enactment of a law of usury all regard to circumstances is proscribed. The Legislatui'e without knowing the fiicts, from which alone the just or unjust character of the transaction is determinable, decides arbitrarily and in advance of tlie case, what will be right and what will not. It has established a Procrastean rule, and its operation oftener plagues than profits tlie necessitous borrower. Under the law of the District it is allowable to buy and sell debts due by bond or note, at rates erf discount gi'eater than the legal rate of interest. A is indebted to B by bond with security in the sum of $1,000, payable twelve months after date. The debt is good ; but B liaving present need of money andbeing unable to awaitthe maturity of the bond, sells it to 0, for cash, at a discount of 20 per cent. This is a heavy loss ; but the transaction is legal and perfectly valid. Kow, in effect, what is tbe difference between this transaction and a loan of |800, on interest at the rate of twenty-five per cent, per annum. The borrower giving bond and good security for tlie payment of the money? In each case there is an advance- of $800; in each case the party advancing the money receives twelve months after date of the advance, $200 for the amount advanced ; in each case there is bond and security to pay the sum of ^1,000 at the maturity of the bond ; there is in each case an advance of money on credit; and in each case, it the bond is not paid exactly when it becomes due, it runs on -at interest at the rate of six per cent, per annum. What then is the diffei'ence in effect to the lender or to the borrower between the cases? There is no material difference, and yet, under the law, the one transaction is tolerated, while the other is condemned and made" void. As to the obligation of the assignee to prosecute the assigned debt according to law, that may be waived by the contract. It is true that the assignor of a bond is a surety only to the, amount of the purchase money paid for it and thus to the amount of the discount, the assignor is not a surety to tbe assignee. But notwithstanding this, the whole debt is supposed to be good withoiU this security; and tlius between a loan and an assignment there would be a difference of $152 in favor of tlie assignment; and this difference is supported by no adequate reason. Under tlie doctiine of the law the sum of |800, and the six per cent, upon it, would be all that the assignee should recover from the assignor, if there should be no recovery on the bond. Tliis would make the transaction equivalent to a loan at six per cent, without including the light to make the discount over and above the six per cent. |)y action on tlie bond. So the extra right to craim and receive' the discount, in addition to the money advanced and six per cent., is an advantage allowed by the law to the assignee, which is not allowed to the lendei, though the ccmsideration moving from the one is exactly equal to that moving from the other. This alone makes the inconsistency very plain. But there is another view of the matter. If A. lends to B. a sura of money, and B. executes to him his bond payable twelve months thereafter for the amount loaned, with legal interest, the effect of the transaction is that for the sum loaned, the loanee conveys to the lender a cliose in action of" a given amount, payable as aforesaid. Now if on the other hand B. assigns to A. for a sum of money equal to that borrowed in the other case, a bond of 0., payable at the same time, but which" with interest amounts to ten per cent, more at maturity than the bond for the borrowed money with legal interest, there the effect of the transaction is as in the other case, that in consideration of the payment by the assignee to the assignor of a certain sura equal to the amount of the money borrowed in the other case, the , assignor conveys to the aasiguee a a chose in action.; but in this case the chose is of much greater value than in the other. The difference is obvious ; the consideration paid in the two cases being eciual, but the choses in action bought being of very unequal value. Yet the one'^s tolerated by law, and the other is not. The fact that the debt assigned is the debt of a third person makes nob the least difference, for the transaction is upon credit in both cases, and the assigned bond may be better than that of the assignor would be if executed by him for a loan. Another consideration which weighs against the law of usury is the fact that it isopposed to ihe genius and ^ ot^.y^CJ.uj^^'/^t^ ^"sc^^-^ ^^yC - ^ ■ < < , * ^ 8 policy of the great principle of free-trade. It is one of tbe great political theories of this age that trade ought to be free. The levy of customs for revenue is no exception to the principle. It is a theory whose operation has pleased the country. It is founded in justice and good sense, and it deserves to be popular. But the least reflec- tion will show us that a nsury law, such as that under consideration, is directly opposed to tliis principle and is in fact behind the age. Free trade proclaims to the borrower and to the lender: Make your own contracts; demand and pay, I'espectively, such interest for the use of money as you may judge to be right and proper — only taking care in this as in all otiier transactions, to deal honestly. And what more than this is necessary? For if men deal not honestly in contracting loans of money their fraudulent conduct therein can be corrected as well as their fraudulent dealings in other contracts. Why should a man be more protected against tlie fraud or imposition of a money lender than that of a merchant or mechanic? Yet plainly without reason, and against reason, the distinction is made by the law, and men are told that they shall not lend their money at more than ten per cent, per annum, aUhougii a gieater rate may be reasonable and fair. If the usury laws were abolished and men were allowed under the usual checks to loan their money at such rates of interest as they might deem right, it is probable that the rate of discount on assigned debts would be reduced much below tlie present average. More money also would be found seeking invest- ment in loans, and this would keep down the rates of interest and discount on loans and transfers of debt. Capitalists now make large investments in stocks, which do not always, pay as much as six per cent., whereas if they could lend their money at rates ranging from eight to fifteen per cent., more or less, according to circumstances, they would willingly do so, to the commqn advantage of both borrower and lender. It would turn the current of private capital. Some over cautious persons might think it expedient if the present usuiy laws should be repealed, to retain some limit of the rate of interest. But that would be found to be unnecessary. The rate of inteiest on money would be found to regulate itself as do other articles of commerce and by virtue of the general law. It is a general rule, as true in one case as iu 9 another, that the usual or the market price of an article is its value. If this is so what possible ground is there to except the use of money? And if tlie use of money is worth a given per cent, per annum, ought nut the borrower to pay it? It might be supposed also that the repeal of the law of usuiy would be burdensome to the indebted portion of the people by compelling payment or by increasing the interest on their debts, but it w^ould not be so. The enlarged competition of capitalists seeking to invest their money in loans would operate to prevent such a result. But if these laws should be repealed, how, it may be inqured, would it etfect the progress of our internal improvements t Would not the power to lend money at higher rates of interest divert the private capital of the country from these improvements into more lucrative investments? This in some degree might be an effect of the change ; but it would not probably have so much effect as to prevent or greatly to impede any truly valuable public improvement. The utility of such works would reasonably promise the equivalent of a high interest, and in respect of such there would seem to be.no need of fear. As to those worse than idle efforts at improvement that are sometimes pressed upon the country, we should have no sympathy with them. But whatever might be the effect of such a measure upon any class of public improvements, still if it were the result of justice to the private rights of the people, let the result come. A virtuous people should never fear the consequences of justice. The truly patriotic will not seek tlie public good through private wrong; and were they to do so they would not find it. Again, there have been other serious objections alledged against the repeal of this law. It has been said tliat money was created by legislation for the convenience of the people and should not be allowed to be perverted from its uses as a medium and standard of value, to their oppressioii. The proposition may be strictly correct and at the same time it does not follow that there is any necessity for a law to limit the rate of interest on money. As before said, our law, apart from any special law of usury, will prevent or remedy > such oppression if it should occur; and if so, wherefore a law of usury? The theory of Whipple of Rhode Island has been referred to and has been relied on as an argument 10 in support of usury laws. But judging it by the best lights before us, it seems to lend but inadequate aid to such a defence. The show of ingenuity which he exhibits appears to us to be fallacious, and he has drawn distinctions which seem to give but little if any support to liis doctiine. He holds that if money were merchandize as money, that a yard-stick wrtuld be merchandise as a measure ; and that the cloth would measure the yard-stick as much as the yard- stick the cloth. Well, the yard-stick may be merchandize as a measure. It is as fair and proper an article of commerce as any other. One will pay for the increased value of the stick, as a measure, as certainly as for the original value when not a measure. It may have been propcTly merchandize when not a measure, and it is but the more valuable when it becomes a measure. It is then worth the total of these two values, and in respect of both, it is merchandize. But the argument that if the. yard-stick were merchandize the cloth would measure it as much as it would measure the cloth is a refinement in logic too subtle for the ordinary understanding. How a yard-stick in measuring cloth is as much measured as it measures, it certainly is not easy to see. The cloth is no measure, and yet he says it measures. Common sense would certainly say that it is only the measure that measures. But why may not money be mei'chandize ? What reason or authority is there to say that it is not in fact merchandize 1 That it is intrinsically valuable is beyond question ; and its use as a medium of exchange only makes it the more valuable. It could not be such a medium if it were valueless. Tlie total of these two values is the total value of the money, and it may be bought or sold or ex- changed for either one of these values as certainly and as reasonably as in respect of the other. For what do we purchase any article? Is it not for its uses! And do we .Dot limit the price we pay for an article by the number and magnitude of those uses! On what principle then, if we buy an article which is susceptible of several uses, can we be said to pay for it in respect of one of those uses and not the other? Such a doctrine does not hold good as to any other article, and it should not as to the uses of money. The doctrine is plainly absurd. This author further says, that money is the creation of government, while merchandize is that of individual industry 11 and that their origin is therefore different. Now suppose all this to be true, wliat follows ? Does this remotely prove that property in money is not as absoUite as in nny other article f If one man acquires money from anotiier or from tiie government, is not tliat money as perfectly and uncon- ditionally his property, to all intents and purposes, as lands or any other property bought in like manner? When a man receives money from the government in payment of debts or otherwise, does he take it subject to any condition or qualitication whatever? If not, then he may use it and dispose of it on the same principles and to the same extent as an}^ other property; for if he cannot do so, then lie must have received the money subject to some condition or limitation ; and this, neither the Government nor the people ever remotely contemplated. If it should be conjectured that the law against usury is an evidence that the Govern- ment, by implication, puts a condition on money, it may be answered that the like argument would apply to ordinary merchandize, tlie sale of which is taxed by law. But apart from all tliis tlie matter is on principle, distinct and clear. When the Government transfers its money in payment of its debts to an individual, it is understood to be a transfer of the whole interest of tlie Government in the money to the party to whom it is paid. The payee is supposed to have rendered to the Government a consideration equivalent to the money paid. But the value of the money consists, in part, in its character as money; and therefore the payee has rendered a consideration, as well for the peculiar value of the money, as money, as for the natural value of the metal of which it consists, and so the payee is entitled to the money absolutely. . And furthermore, was it ever known that a legislative body asserted its power to limit the rate of interest, on the ground that such supposed property of the Government in money follows it into the hands of private individuals receiving it as aforesaid? Whipple holds that if raone}^ were put, on a level, in all i-espects, with merchandize or other property, no rational objection could be made to a change of the law ; but that equality of function and power is not proposed. Now we ask, wherein is money on any higher level than any other property? Is it because it has a special value, as moneij, over and above the natural value of its material f That 12 cannot be, for many natural productions are fashioned by the liand of art into forms which give them a far greater vahie tlian they have in their natural state. AVhen thus modified they are sold in the market and bring not only their natural value, but; also the acquired value which is put upon them by the hand of art; and still these articles, thus increased in value by the skill of the artist, are not supposed to be on any higher commercial level than the crude products of nature from which they were formed, that is to say, no arbitraiy advantage or preference is given to them. It is unreasonable to say that one article is privileged over another, or is put on a higher level, when each is left free to bring its true and proper value. But it may be said there is this difference between the cases, viz: that in the one the skill of the artist is employed on his own mate-rial, and the skill and the material being both his own, he may properly receive the value of both ; whereas in the other the crude material is invested with the skill of workmanship and power of the Government. Grant it all; and yet it is true that this whole investment of the Govern- ment is worth only its market value, just as is the skill of the individual expended on his own material; and whoever acquires the money thus fashioned and endowed by the Government, pays for it tlie full amount of its value. He does the same where he buys any merchandize. In each case the article is worth its market value, and that is what it brings and all it brings. And in each case the whole property purchased is divested out of the vendor and vested in the vendee, and it is thus placed entirely beyond the use, enjoyment and control of the vendor. In each case the Government gets the value of the crude material fashioned by it into coin ; in the other the private individual gets the worth of his personal skill expended on his crude material. If on the crude material no art is expended, it is worth so much the less, and accordingly sells for less. What then is the difference between the level of money and that of other property! The power and form of money, communicated to it by the Government, are not at all arbitrary or unreal. All the value which the Government communicates to money is real and substantial. There is no legerdemain in the operation. The value of money consists piimarily in the metal of which it is constituted; and secondarily in its form, 13 Its privilege and the guarantee of the Government stamped upon it to insure it to be what it professes to be. The precious metal thus modified goes forth with increased value. This increment of value it receives from, the Government, and for it the Government receives a fair equivalent from him who receives the money. Metal so constituted, fashioned and stamped is money exclusively. The Government for public convenience has chosen certain metals which alone it converts into money. The mere metal of which it is constituted is worth no more after than before it is coined. The whole difference in its value consists in what the Government has expended upon it. It is a great matter to have a fit and convenient medium of exchange and to have that well certified to us; and such a medium the Goverhment gives us and assures it to be genuine. Adequate pecuniary compensation for this service is all that the Government ought to receive or does receive; and this compensation being received and the money paid away, the power of the Government over it is entirely gone. After that the Government has no more control over the money than it has over the property of an individual in a patent right. Furthermore, by so endowing certain metals only, the government does not raise or lessen the value of other metals or other kinds of property. The greater fitness of the metals selected for coin is a part of their intrinsic value. It is no injury to the real value of the oak that the pine is a more beautiful wood, fitter for certain uses, and therefore wrought by the mechanic into forms which give it a value far beyond its natural worth. The artificial value which is given to it is a real addition to its natural value. If then, the owner of the improved material does not receive the total of both these values, he sustains an actual loss. And so it is as to money. If the Government or individuals do not receive the total value of the money which they pay, they sustain loss. Platinum and zinc cannot complain that they are not coined, for there is no obligation on the Gov- ernment to coin either. And on the other hand gold and silver cannot boast that they are coined, in as much as all the peculiarities of money are separate and distinct from their intrinsic value. So money has no undue or arbitrary advantage over any other property. Another point of the argument for the law of usury is, that 14 if money should bave all tbe piivileges of mercliandize, tlien merchandize should iiave all the privileges of niuney ; and a debtor should be at liberty to pay his debt in goods as Avell as in money. But to attempt to give to merchandize by legislation tlie privileges of money would present a solecism. It might as well be attempted to equalize trans- portation by wheel-baiTOWs with that by lailroads and canal. The thing is impossil:)le. If merchandize in general were fit and convenient to become a medium of exchange as money is the Government would make it so. But why tax the Government to do a vain thing? And if money is peculiarly fit and convenient to be such a medinm, as it is, then it has a peculiar value, which it would be useless to deny, or to attempt to take from it. As to a debtor's being allowed to pay his debt in goods as well as in money, that is alike absurd, for a debt is money. In the language of Judge Blackstone, "a debt is a sum of money due by certain and express agreement;" and therefore to pay a debt it is necessary to pay money. If A. contracts to pay B. |1(J0, he cannot discharge the contract by deliveiing him a horse of any value whatever. That is not the agreement. It is said also that as tbe law confers gi'cater privileges on money than on merchandize; it should therefore impose on it greater restraints. But it is not true that the law gives such advantage to money. This dictum wants support. If money is more privileged than merchandize, still it does not follow that it should be more restrained. The idea seems to involve the inconsistency of punishing for merit, as merit must be supposed to be the ground of the privilege. It is said also tliat money exists only as a relative agent to measure the value of other things; l3ut that merchandize is piized for what it is in itself. But this is an error. As before stated, money is intrinsically valuable and may be applied to vaiions uses. It is as certainly worthy to be piized for what it is in itself as any other merchandize ; though its character and special value as money would be lost it it should be converted into other forms and applied to other uses. The distinction is not just. It has been said also that several States of the Union have abolished the law of usury and have been obliged to letnrn to it. It is no doubt true that several States have abolished it and afterwards restored it. But the renewal 15 of the law docs not prove that there were abuses of the right of dealing in money. Nor is it shown that adequate time was allowed to test the effect of the repeal, or that the renewal of the law did not result more from old prejudices* than from any evils in the monetary dealings of the people. Again, it is asked, first, whether or not on the supposition that men deal honestly, it would be better to repeal the law of usury ; and secondly, whether in the absence of a law of usury, bargains in monetary transactions are usually as fair as those in regard to merchandize, To the first it may be answered, that in the business affairs of life generally, it would seem most piobable that the parties to the trans- actions would know better than others what would most promote their interest ; and to the second, that there seems to be no good reason to believe that the dealings of men in money are conducted less fairly and honestly than those in- relation to merchandize. On what sound principle can a difference be supposed? In circumstances of distress, men will sometimes pay too much for the use of money; and under hke circumstances they will sometimes pay too much for other kinds of property. The principle appears to be the same in every case. Lastly, as to banks. On principle, there should be no difference between them and natural persons ; but as cor- porations are creatures of the law, and of course are created as to the law seems good, they cannot complain a^ natural persons, if conditions are imposed upon them in their incor- poration. As to banks, tlie law is umeasonable; but in respect to natural persons, it is both unreasonable and unjust. In conformity with these views, it is proposed to let interest remain as at present, where there is no contract ; bikt' to leave the people as free to contract upon the rate of interest upon money, as they are in regard to ail other rights of property. <3.c =">c V ^' ■^<^L c<:.:c:d_c^. c «^:^5^;^ c^;.: <23c:<^ r cc: OCT ccT' <#: <^ cc:<: ■^ <:: <:- c -^^:'< ^' ^<:r' ■«^'' ^-^ ^ "^^ '^'^ ,^^- >v^