Essays: Scientific, Political, & Speculative; Vol. 3 of 3: Library Edition (1891), Containing Seven Essays not before Republished, and Various other Additions.Spencer, Herbert
Philosophy
Essays: Scientific, Political, & Speculative; Vol. 3 of 3: Library Edition (1891), Containing Seven Essays not before Republished, and Various other Additions.
Spencer, Herbert
Philosophy; Political science; Science
Though a man who speculates with other people’s
money is not chargeable with direct robbery, he is chargeable with
robbery one degree removed: he deliberately stakes his neighbour’s
property, intending to appropriate the gain, if any, and to let his
neighbour suffer the loss, if any: his crime is that of contingent
robbery. And hence any one who, standing like a bank-director in the
position of trustee, puts the money with which he is entrusted into a
speculator’s hands, must be called an accessory to contingent robbery.
If so grave a condemnation is to be passed on those who lend
trust-money to speculators, as well as on the speculators who borrow
it, what shall we say of the still more delinquent class who obtain
loans by fraud—who not only pawn other men’s property when obtained,
but obtain it under false pretences? For how else than thus must we
describe the doings of those who raise money by accommodation-bills?
When A and B agree, the one to draw and the other to accept a bill
of £1000 for “value received;” while in truth there has been no sale
of goods between them, or no value received; the transaction is not
simply an embodied lie, but it becomes thereafter a living and active
lie. Whoever discounts the bill, does so in the {134} belief that B,
having become possessed of £1000 worth of goods, will, when the bill
falls due, have either the £1000 worth of goods or some equivalent,
with which to meet it. Did he know that there were no such goods in the
hands of either A or B, and no other property available for liquidating
the bill, he would not discount it—he would not lend money to a man of
straw without security. Had A taken to the bank a forged mortgage-deed,
and obtained a loan upon it, he would not have committed a greater
wrong. Practically, an accommodation-bill is a forgery. It is an error
to suppose that forgery is limited to the production of documents
that are _physically_ false—that contain signatures or other symbols
which are not what they appear to be: forgery, properly understood,
equally includes the production of documents that are _morally_ false.
What constitutes the crime committed in forging a bank-note? Not the
mere mechanical imitation. This is but a means to the end; and, taken
alone, is no crime at all. The crime consists in deluding others into
the acceptance of what seems to be a representative of so much money,
but which actually represents nothing. It matters not whether the
delusion is effected by copying the forms of the letters and figures,
as in a forged bank-note, or by copying the form of expression, as in
an accommodation-bill. In either case a semblance of value is given to
that which has no value; and it is in giving this false appearance of
value that the crime consists. It is true that generally, the acceptor
of an accommodation-bill hopes to be able to meet it when due. But if
those who think this exonerates him, will remember the many cases in
Public-domain text, read in full here on John Shaqi.
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