Page images
PDF
EPUB

is suffering all manner of affliction. Her story is given at full length. Many misfortunes had befallen her since they parted; but through all the vicissitudes of her fate, she had remained true to the man by whom her virgin heart had been subdued. There is some pathos in the meeting with Shireen, but more in that with Selim. Selim is a prisoner, and condemned by Nader to death. Ismael exerts all his influence to procure his pardon, but in vain. Stung to madness by this, he determines to share the fate of his friend-beards Nader to his face, and bares his neck to the executioner. The heart of the great chieftain, albeit unused to the melting mood, softens at the sight of so much disin terested friendship. Selim is pardoned, and Ismael made happy by the hand of his first love.

Such is the termination of the third volume, but we rejoice to say, that should his first attempt be successful -of which we entertain no doubt the author intimates his intention of continuing his labours, and presenting us with a continuation of the life of the Kuzzilbash. In this we trust he will not disappoint us. We trust he will go on as he has begun, and introduce us to the hearths and homes of Khorasan; picturing, with the skill of which he has already given abundant specimens, all interesting particulars of the habits, modes of thought, and domestic life, of the various tribes which own the dominion of the Shah. Of the characters delineated in these volumes, we have said little; yet not because little deserved to be said. In truth, many of them are excellent. Nader, Ibrahim, Omer Khan, Foujee Allee, and several others whose names we cannot at this moment recall,

though their lineaments are imprinted on our memory, are drawn with skill, vigour, and effect. The besetting danger into which the author of a work like the present is most apt to be betrayed, is that of representing his characters as influenced by motives altogether alien to the whole habits of their mind. Orientals drawn by an European are always likely to have an unnatural tinge of Europeanism in their modes of thought and action. The poles are not more opposite than a Hindoo or Persian is, in the whole cast and structure of his mind, to an Englishman. They acknowledge no common principles of right and wrong. Their motives, their tone of sentiment, and consequently their actions, are altogether at variance, and must be judged of by a different standard. In a work of Eastern fiction, a writer cannot look into his own heart, to learn what feelings any given circumstances would excite in those whom he delineates. If he does, he will draw Europeans, not Asiatics.

In this respect, however, the vigilance of the author has been unceasing; and though in one or two instances we think he has not been eminently successful in avoiding the error we have mentioned, we do not hesitate to assert that his failures have both been fewer and more venial than those which are abundantly discernible both in Anastasius and Hajji Baba. We now bid farewell to the Kuzzilbash, a book we have read with greater interest than any which has recently issued from the press. We anticipate for it a wide popularity; but should we be deceived in this, we shall not hesitate to attribute our error rather to the obtuseness of the public, than to any want of merit in the work itself.

THE USURY LAWS.

THE Conviction is very generally entertained, and loudly uttered, that the House of Commons-speaking of it as it is for the time composed in respect of persons-has, in so far as knowledge and wisdom are concerned, greatly lost the confidence of the country. Never did any House of Commons exist, since this generation came into being, which was so much ridiculed on the score of ignorance and imbecility, and so much feared on that of pernicious principle and measure, as the present one. The conduct which this House has displayed touching the projected change of the Usury Laws, proves, that the character it has ac quired is by no means an undeserved one. Mr P. Thompson, the worthy parent of the change, feels, as he frankly owns, an intense longing for the total repeal of the laws in question; but being seized with a paroxysm of "conciliation" and "liberality," he throws out the weather-beaten flag of compromise, and proposes a measure which is to satisfy all sides. He will content himself with taking a part to satisfy himself and his friends; and he will generously leave a part to sa tisfy his opponents. How does the munificent man make his division? He actually seizes the lion's share he monopolizes the operation of the Usury Laws, and leaves to his opponents a name and mutilated form utterly worthless! He will abolish the laws in so far only as they vitiate contracts and impose penalties; that is, he will abolish them in so far only as they have material effect. In making the division, Mr Thompson commits absurdities truly indescribable. He will not punish usurers, whatever may be their extortions, but he will not suffer them to recover by law more than five per cent. He places a law in the Statute Book, the violation of which he not only exempts from all punishment, but declares to be highly meritorious. He states it to be an infallible principle, that all men have a clear and undoubted right to obtain as much interest for their money as possible, and yet he prohibits them from asserting this right by law. He, how ever, is careful that his absurdities shall do no injury to his object; while he refuses to usurers the aid of the

law, he gives them ample power to extort whatever they may wish without it. His measure annuls the Usury Laws in the most material parts of their operation. Well, separating his absurdities from what he seeks to accomplish, no individual has been found amidst his senatorial brethren to make an effort for protecting the reputation of the House from the disgrace and ridicule they must bring upon it. His opponents are gained. One has his objections wholly removed, another finds his scruples greatly weakened, and a third will say nothing. All seem to be delighted that a pretext is afforded them for ranging themselves with the "liberal and enlightened."

We are well aware, that a defence of the Usury Laws made by an angel from Heaven, would not have the smallest weight with the House of Commons, or certain of the Ministers; and we are not undertaking to write such a defence, in the hope that we can make any impression on either. We are free from all such folly. Mr Thompson's Bill, we imagine, will pass the House we have named, supported by Ministers, and without encountering anything worthy of being called opposition. A few Members will make long speeches in favour of it, consisting of assertions and assumptions, and evading the merits of the question-a few more will, following the example just set by Mr Goulburn, laud these speeches very extravagantly -a few more will renounce the errors and heresies they have so long cherished, and dilate on the transcendent wisdom they and their brethren are displaying-a few more will grumble a little-and then it will be sent in triumph to the Lords. We know not that it will have worse success with the latter. But we find nothing in this to scare us from our undertaking. Avast portion of the community knows, alas! from bitter experience, that in these days the sanction of both Ministry and Parliament is no evidence that a change of law is wise in principle, and will be salutary in operation; and it will listen impartially to both sides. If we can prove that the enemies of the Usury Laws are completely in error in their leading principles, and are in utter ignorance touch

ing various essentials of the question, we shall not write in vain, even though we create no impediments to their success. We shall strengthen those feelings, which, if we are not greatly mistaken, will speedily make mighty changes and innovations amidst seats in Parliament.

We derive much comfort from the knowledge, that if we err on this question, we err in reputable company. Saying nothing of various foreign names of the first eminence, we think as Bacon, Locke, Child, D'Avenant, Adam Smith, the late Lord Erskine, &c. thought. Here is an assemblage, which comprises philosophy, learning, talent, and practical knowledge, quite sufficient to shield us from disgrace. It may be very true, that no authorities on any subject ever existed, until these great living men were born, who call themselves the only authorities on all subjects; and that the names we have cited are below contempt, when compared with those of Bentham, M'Culloch, Thompson, Warburton, Brougham, &c. All this may be very true, but if we doubt it we shall be pardoned by those whose favour we

covet.

Mr Thompson proves that he is very poorly qualified for attempting to change the Usury Laws, by the ignorance he manifests touching their origin. He asserts, that they originated in superstition. It is, however, due to him to say, that he has been led into this error by the great teach ers of the school to which he belongs; he only repeats what they printed for the use of their pupils.

Laws against usury existed in the Roman empire many centuries before they were known in this country. They were re-considered, altered, extended, and enforced on public grounds, in the most enlightened days of the Empire, by the greatest of its children. From such an example they were introduced into this country. To what our Usury Laws owed their birth, is in truth of no moment, for their establishment was in reality for some time a mere matter of experiment. In 1545, the interest of money was fixed by statute at ten per cent. This statute continued in force for seven years, and was then repealed. Then for nineteen years the interest of money had no le gal limit. Then the statute of 1545 was restored by Queen Elizabeth on

this preamble-" That the repeal of the 37th Henry VIII. had not been attended with the hoped-for effects, but that usury had more and more abounded, to the utter undoing of many gentlemen, merchants, occupiers, and others, and to the hurt of the commonwealth."

In 1625, the rate of interest was reduced by law to eight per cent; the preamble of the Act assigns these as the reasons." Whereas there is at this time a very great abatement in the value of land, and in the merchandizes, wares, and commodities of the kingdom, both at home and also in foreign parts, whither they are transported; and whereas divers subjects of the kingdom, as well the gentry as merchants, farmers, and tradesmen, both for their necessary occasions, for the following of their trades, maintenance of their stocks, and employments, have borrowed, and do borrow, diverse sums of money, wares, merchandizes, and other commodities, but by reason of the said general fall and abatement of the value of land, and the prices of the said merchandizes, wares, and commodities, and interest on loan continuing at so high a rate as ten pounds in the hundred pounds for a year, doth not only make men unable to pay their debts, and continue the maintenance of trade, but their debts daily increasing, they are forced to sell their lands and stocks at very low rates, to forsake the use of merchandize and trade, and to give over their leases and farms, and so become unprofitable members of the commonwealth, to the great hurt and hinderance of the same.”

Now for the effects which were be lieved to flow from this reduction of interest. Sir Thomas Culpepper, in a treatise written some years afterwards, states," This good success doth call upon us not to rest here, but that we bring the use for money to a lower rate, which now, I suppose, will find no opposition, for all opposition which before the statute was made against it, is now answered by the success; and most certainly the benefit will be much greater to the commonwealth, by calling the use for money down from eight to six, or even five per cent, than it was from calling it down from ten to eight per cent."

Sir Josiah Child, an eminent merchant, writes,-" In 1635, within ten

years after interest was brought down to 8 per cent, there were more merchants to be found upon exchange worth each a thousand pounds and upwards, than were formerly, that is before 1600, to be found worth one hundred pounds each. That in 1621, before the reduction of interest, the current value of land was twelve years purchase, which soon after rose considerably higher."

Cromwell reduced the rate of interest from 8 to 6 per cent in 1651, and the reduction was confirmed, after the Restoration, on these grounds,"Forasmuch as the abatement of interest, from ten in the hundred, in former times, hath been found, by notable experience, beneficial for the advancement of trade, and improvement of lands by good husbandry, with many other considerable advantages to the nation,” — —

"and

whereas, in fresh and recent memory, the like fall, from eight to six per cent, hath found the like success to the general contentment of the nation, as is visible by several improvements," &c. &c.

Touching the effects of this reduc tion, Sir Josiah Child thus speaks,"Now, since interest has been for twenty years at six per cent, notwithstanding our long civil wars, and the great complaint of the dulness of trade, there are more men to be found upon the Exchange now worth ten thousand pounds, than were then of one thousand pounds.

"Which ever way we take our measures, to me it seems evident, that since our first abatement of interest, the riches and splendour of this kingdom are increased above four (I may say above six) times as much as they were. Our customs are much improved, I believe above the proportion of six to one, which is not so much an advance of the rate of goods, as by the increase of the bulk of trade. If we look into the country, we shall find lands as much improved since the abatement of interest as trade in cities. I, and those I converse with do perfectly remember, that rents did generally rise after the late abatement of interest."

In 1714 the rate of interest was finally reduced to five per cent, on the ground that" the reducing of interest to ten, and from thence to eight, and thence to six in the hundred, hath

from time to time, by experience, been found very beneficial to the advancement of trade, and improvement of lands," &c. &c.

We have said abundantly sufficient to prove, 1. That the Usury Laws had their origin in public necessity; they were enacted to remove great and manifest evils.

2. That they were re-enacted, after having been for some time abolished, because it was believed their abolition had been prolific of individual and national injury.

And, 3. That they have been again and again, at distant intervals, discussed, revised, and confirmed by the greatest men of different periods, solely upon principles of individual and public benefit, and without any reference to superstition and prejudice.

And now, what are we to think of that Member of the House of Commons, who attempts to destroy these laws, on the ground that they are the offspring of superstition and prejudice; and what are we to think of his law-making brethren who support him? In this House intellect marches in a very odd manner, and knowledge displays itself in a manner equally odd.

The

We have said this much of the origin of the Usury Laws, because assertions like this of Mr Thompson have, in these distempered times, infinitely more weight than valid evidence of pernicious nature and effect. capacity of our present race of lawdestroyers is capable of very little, beyond heaping slanders on the laws they wish to destroy; and the conviction of those, by whose aid they work, can scarcely comprehend anything save such slanders.

The following are the great objects of the Usury Laws. To keep the price of the loan of money at the lowest rate, compatible with the just rights of the lender-to make it the same to all borrowers, the poor as well as the rich, and thereby to protect the mass of the community from scarcity of loans-to keep it from sudden and violent fluctuations, and make it, as far as possible, the same in all times and circumstances-and to prevent lenders of money from taking unjust and ruinous advantages of borrowers, and place both on an equality.

Of course, to prove that these laws are erroneous in principle, the usurers

ought to prove, that what they are intended to do ought not to be done. They ought to prove that scarcity of loans to the mass of the community sudden and violent fluctuations in the rate of interest-a high rate of interest -a rate of interest varying according to person, favouring the rich, and ruinously high to the less wealthy, are things highly beneficial, or at the least, not pernicious. They ought to prove that lenders of money should possess baleful advantages over borrowers. Do they prove this? They do not attempt it; on the contrary, they own that the state of things, which the laws are intended to prevent, ought not to be.

At any rate, the usurers ought to prove, not by assertions of their own, but by evidence tendered by the community at large, that these laws operate perniciously. Do they cite such evidence? No. A Parliamentary committee examined witnesses, and reported on the Usury Laws in 1818; and not one of the witnesses, even of those who were hostile to the laws, had ever heard it remarked, that this country, as a great commercial one, was subject to inconvenience in consequence of their existence. Previously to the last few years, not a complaint was made against these laws by the community, but, on the contrary, the belief that they were highly beneficial was universally entertained. In late years, a very few petitions were presented to Parliament against them; but they were manifestly dictated by other things than practical suffering. Up to the present hour, the community at large has never made the least complaint, and this forms the most decisive proof imaginable, that the Usury Laws, at any rate, have not operated injuriously. To abolish laws of such gigantic and incessant operation, in the teeth of a proof like this, is, in our poor judgment, what would be proposed only by the most crazy theorist, and what would be attempted only by a government regardless alike of its duty and its reputation.

As the usurers cannot plead any of the rational and valid reasons, which alone can justify the abolition of laws of great operation, what do they plead? They naturally take their stand chiefly upon abstract principle. Casting practical effects to the winds, they affirm that money is a commodity, similar to

commodities of trade: taking this as their fact, their inference is, that money ought to be treated by law like such commodities. Their strength lies principally here. This fact and inference are with them irresistible evidence, that the Usury Laws ought to be abolished, independently of other

reasons.

Now, is it a fact in reality, or is it a fiction miscalled a fact, that money is a commodity similar to other com modities? If the fact be demolished, nothing, of course, can save the poor inference. Men of common sense are well aware, that in regard to this question, money employed as trading capital is a perfectly different thing from money employed in making loans. Money employed in buying and selling land, merchandize, manufactures, &c. is a commodity like other com modities, and so the law treats it. When so employed, it is exempted from the operation of the Usury Laws, and its owner may charge any rate of interest whatever.

But money as a loan differs wholly from commodities of trade, in both nature and circumstances. Speaking generally, the price of the commodity is regulated by the intrinsic value, and it is the same to all; but the price of the loan of money is regufated by the credit of the borrower, and to almost every borrower it varies. The poor can buy the commodity as easily and cheaply as the rich; but the difficulty of procuring the loan is increased, and its price is raised, in proportion to the poverty of the bor rower. The commodity is an article of barter, and all who traffic in it can obtain about the same rate of profit, and can proportion their selling to their buying price, so as to make it commonly yield them a profit; but the loan is a thing which is only lent to be returned-borrowers can only gain about the same rate of profit from employing it, while each has to pay, for the use of it, a different price from what is paid by the others. They cannot alter their rate of profit, as the price for the use of it is raised to them. The profit derived from trafficking with the commodity is often the greatest when the price is the highest; the profits derived from the loan com monly fall as its price rises.

But it is with reference to its effects amidst the community that we must

« PreviousContinue »