Usury; Or, Interest, Premium and DiscountCrittenden, S. H. (Salmon Hodges)
Philosophy
Usury; Or, Interest, Premium and Discount
Crittenden, S. H. (Salmon Hodges)
Usury
But now his carefully cherished credit is in danger. He has been
disappointed in his expectations of a ready sale for some part of his
goods, or in obtaining money promised him for a debt, and finds himself
without the means to promptly meet an obligation falling due to-morrow.
His position is such in the matter of property as not to render it
worth anybody’s while to lend him at the legal rate; in short he
cannot raise money to meet this obligation at that rate, and must do
one of two things--either lose his credit, which will ruin utterly
his prospects of making a comfortable subsistence for his family; or
he must obtain the means of saving this cherished treasure intact, by
paying somewhat more for the use of the money. We can at once see what
_he_, who has every motive and means for judging rightly in the matter,
would decide to be the wisest course, and the one nearest the path of
rectitude. As a matter of course, if he could obtain the money at a low
rate, he would not pay the higher one. But now the legislator who knows
nothing of any of these circumstances, but whose heart overflows with
prudence, and loving kindness for the poor man, steps in, and says: “It
signifies nothing; you shall not have the money, for it would be doing
you a mischief to allow you to borrow on such terms.” There might be
worse cruelty, but not easily greater folly.
Next, in regard to the ignorant and simple, for whose protection from
imposition or fraud, these laws are enacted. First, could any degree
of simplicity or want of tact be greater or more evident than that
displayed in such a case as we have just spoken of; where a legislator
could confine a man under such circumstances, to a given rate of
Interest?
Second, suppose the wisdom of the legislator to be never so much
greater than that of the individual, no matter how weak that may be,
how useless is the exertion of it in this case only, while there
remains so many other occasions where the simplicity of the sufferer
would make him the victim of injustice, and where the legislator cannot
interpose to protect him. In every day affairs, in the matter of buying
and selling, whether with money, or on credit, such persons are liable
to be overreached; and yet none have thought that for this reason, a
legal price ought to be set upon all goods, of whatever description.
Nor, supposing that even this endless undertaking were accomplished by
the legislator, would it avail anything unless he also should regulate
the exact amount of each article which each man should buy.
When matters arrive at this point, we find the person in the position
of those for whom the law provides entirely, as not being fit to take
care of themselves: such are usually denominated _idiots_.
And now, as we have considered at some length the needlessness and
inefficiency of such legislation, let us for a few moments, look at
some of its evil results.
Public-domain text, read in full here on John Shaqi.
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