[Footnote 194-1: In 1787, Joseph II. abolished the penalties for usury, but allowed the provisions denying a legal remedy, in cases of usurious demand of over 4 per cent. for hypothecations, 6 per cent. for bills and 5 per cent. for other loans, to remain. Compare the prize essay by _Günther_, Versuch einer vollständigen Untersuchung über Wucher und Wuchergesetze, 1790; _v. Kees_, über die Aufhebung der Wuchergesetze, 1791; _Vasco_, Usura libera, 1792. The opposite view represented by _Ortes_, E. N., II, 24, and _v. Sonnenfels_, Ueber Wucher und Wuchergesetze, 1789, and zu Herrn _von Kees_, Abhandlung, etc., 1791. The debates on the repeal of the usury laws in the French Chamber of Deputies, after which _Lherbette's_ motion in favor of their repeal was rejected. In France they were, during the assignat-period of bewilderment virtually, and in 1804-1807 expressly (C. C., Art. 1907), but only provisionally repealed. In Würtemberg, all those having the right to draw bills of exchange were exempted from them in 1839. Since the law of 1848, governing bills of exchange, gave all persons capable of contracting, the right to draw bills of exchange, the usury laws have ceased to have any existence; without much noise before and without much complaint after. (A. Allgem. Ztg., 24 März, 1857.) Recent complete or partial repeal of the usury laws: in England, in 1854; in Denmark, in 1855; in Spain, in 1856; Sardinia, Holland, Norway and Geneva, 1857; Oldenburg, 1858; Bremen, 1859; in the kingdoms of Saxony and Sweden, in 1864; Belgium, 1865; Prussia, the North German Confederation, and to some extent Austria, in 1867.] [Footnote 194-2: Compare _F. X. Funck_, Zins und Wucher, 1868, a moral theological treatise which rightly demands a more rigid popular morality in relation to real usury, after the repeal of the usury laws. The recent cases in which courts have juridically acquitted usurers because they could not do otherwise, but have branded them morally, are of very questionable propriety, in view of the facility with which high and usurious rates of interest may be confounded. _R. Meyer_, Emancipationskampf, I, 78, advises that the capitalist be allowed to ask whatever interest he wishes, but that the state, as judge and executor of the laws, should enforce payment only at a certain rate determined by law.]