eOUGMT FROM tUlUs SpncJ^tLh FiLYuL L Tlie collection of select economical Tracts reprinted by Lord Overstone, comprises the following articles, viz. : — Volume on Commerce. 1. Observations touching Trade and Commerce witli the Hollander and other Nations. Presented to King James by Su' Walter Raleigh, Knt. 2. Navigation and Commerce, their Original and Progi-ess, &c , in which his Majesty's title to the Dominion of the Sea is asserted against the Novel and later pretenders. By J. Evelyn, Esq., S.R.S. 1674. 3. Extracts from a Plan of the English Commerce, being a complete prospect of the trade of this nation, as well the home trade as the foreign. Humbly offered to the con- sideration of the King and Parliament. The second edi- tion. 1730. i. An Essay on the Causes of the Decline of the Fi reign Trade, consequently of the value of the land of Britain, and on the means to restore both. The second edition with addi- tions. 1750. 5. A brief Essay on the Advantages and Disadvantages which respectively attend France and Great Britain with regard to Trade. With some proposals for removing the principal Disadvantages of Great Britain, in a new method. By .Tosiah Tucker, M.A. The third edition, corrected with additions. 1753. G. Proposals made by the Prince of Orange, to the States General, and to the States of Holhind and West Freiz- land, for redressing and amending tlui Trado of tlio Republic. 7, A Vindication of Commerce and the Arts ; proving that they are the source of the greatness, power, riches, and populousness of a State By J— B — , M.D. 1758. 8. New and Old Principles of Trade compared ; or a Treatise on the Principles of Commerce between Nations. 1788. Volume on the National Debt and Sinking Fund. 1. An Essay iipon Puhlick Credit. 1710. 2. A Letter to a Friend, in which is shown the Inviolable Nature of Publick Securities. By a Lover of his Country. 1717. 3. An Essay on the Publick Debts of this Kingdom. In a Letter to a Member of the House of Commons. 1726. 4. A State of the National Debt, as it stood December the 24th, 1716, with tlie Payments made towards the Dis- charge of it out of the Sinking Fund, itc, compared with the Debt at Michaelmas, 1725. 5. A defence of an Essay on the Publick Debts of this King- dom, &c. By the Author of the Essay. 1727. 6. Representation of the House of Commons to His Majesty George II, &c. (Commons Journals, 8 April, 1728). 7. Of Public Credit, &c. By David Hume, Esq. Published in 1752. 8. Account of the National Debt, from Blackstone's Com- mentaries, Book 1, Cap. 8. 9. An Appeal to the Pul)lic on the subject of the National Debt. By Richard Price, D.D., F.R.S. 1774. 10. Extracts from a Tract entitled The Challenge ; or Patriotism put to the Test, in a letter to the Rev. Dr. Price. By Jos. Wimpey. 1772. 11. Note on the Sinking Fund established by Mr. Pitt, in 1786. 12. Considei'ations on the Annual Million Bill, and on the Real and Imaginary Properties of a Sinking Fund. 1787. 13. An luquiiy concerning the Rise. Pi'ogress, Redemption, 3 Present State, and Management of the National Debt of Great Britain iuid Ireland. By Robei-t Hamilton, LL.D., F.R.S.E. 1818. A'olume on Paper Currency and Banking. 1. A Discourse concerning the Currencies of the British Planta- tions in America, especially with regard to their Pjipcr Money. With a Postscrii)t thereto. 1740. 2. Banks and Paper Money, from Essays, Moral, Political, ifec. By David Hume, Esq. Published in 1752. 3. Essay on Paper Money and Banking, from Essays on the Public Debt, Frugality, &c. Published in 1755. ■4. Essay on Banks and Paper Credit, from Characteristics of the present state of Great Britain. Published in 1758. 5. Note on the Suspension of Cash Payments at the Bank of England, in 1797. 6. The Utility of Coixntry Banks, considered, ifec. 7. An Enquiry into the Nature and Effects of the Paper Credit of Great Britain. By Henry Thornton, Esq., M.P. 8. Note on the State of the Exchange between London and Dublin, from 1797 to 1804. 9. Remarks on Paper Currency ; from a Treatise on the Coins of the Realm. By the Earl of Liverpool. Published in 1805. 10. The High Price of Bullion, a Proof of the Depreciation of Bank Notes. By David Ricaa-do. The fouith edition corrected. 11. Report from the Select Committee of the House of Com- mons on the High Price of Gold Bullion. Ordered to be printed, 8 Jtme, 1810. 12. Observations on the Principles which regulate the Course of Exchange ; and on the present depreciated State of the Currency. By William Blake, Esq., F.R.S. 13. The Qufstion conceming the Depreciation of our Curr. ncv stated and examined. By W. Unskisson. Esq., M.P. Third edition corrected. Volume of Miscellaneous Tracts. 1. An Apology for the Builder ; or a Discourse shewing the Cause and Effects of the Increase of Building. 168-5. 2. Giving Alms no Charity, and Employing the Poor a Griev- ance to the Nation. Addressed to the Parliament of Eng- land. ITOTTT 3. A View of'the Greenland Trade and Whale-Fishery, &e. 1722. 4. An Apology for the Business of Pawn-Broking. By a Pawn- Broker. 1744. 5. Extracts from the Works of Dr. Franklin, on Population, Commerce, r the voyage. And when they return, it is the like; ith this addition, that the charge is so much greater, as leir casks are now filled with blubber; require to be irry'd to the cookery, and from thence to Amsterdam, r other places; which lighteridges, and workmanship, dotages, riding at anchor for several weeks, and keeping le sailors all that time in victuals and pay ; is a very reat charge for the owners, besides the spoiling, of the asks and lines, and the leakage, caused by being so often 3moved from one place to another. Whereas the situation of this river is so, that ships lay load and unload at the warehouses and cookery, with- ut paying any carriage, or lighters, or double workman- lip ; preserving thereby all the lines, casks and other materials, in a good condition, and prevent much leakage. i.nd after a ship is clear'd at Gravesend, a favourable wind rings her to sea the next tide after. And in these articles, alculating all the particulars, it is plain, that England ball save at least, every Greenland voyage, 50/. upon very ship, which the Dutch are obliged to pay. And ereby, I doubt not, is sufl&ciently proved, that we can et out ships, and carry on the whale-fishing trade easier, etter, and much cheaper than the Hollanders, But the greatest encouragement and advantage for the mdertakers, is the benefit of the custom which we enjoy y the importation; the train-oil being free imported, nd the whale-fins paying 52/. sterling per ton less than I'hen imported from other countries : So that the adven- urers have (when hereby is added the duty upon exporta- ion of the fins in Holland, the commission, brokeridge, reigh- money, freight, insurance, and other charges by oading and unloading them) a sure profit and addition in 35 the 9« A View of the price of every ton of fins, of about 701. sterling more than any nation beyond sea enjoys ; and is granted by the legislature, to no other purpose, than to encourage the inhabitants to this so advantageous trade. And what by the increase and iularging of this trade, for the future will be brought home more than this nation needs of train-oil and whale-fins, both very current and valuable commodities beyond sea. And being no duty at all upon train-oil, and all the three-pence per pound whale-fins being drawn back when exported, we can pro- vide all those parts of Europe, which now buy from the Hollanders, with these commodities cheaper than they are able to do. Hamburgh and Bremen, with all their ships, have not enough to supply Germany, but must buy many thousand puncheons of train-oil every year from Holland, Flanders, France, and parts of the Baltick Sea, buy quan- tities of oil and soap boil'd of the Greenland oil ; parti* cularly, Scotland buys and consumes much of this soap. And when the Greenland oil is imported directly, the soap-boiling trade must certainly increase hereby, and the North-Britons need not go to foreign markets, nor to buy whalebone of them : And this is in Ireland, Flanders, France, Portugal, Spain, Italy, Germany, and all other countries of Europe a wanted commodity. How could Holland set out else so great a number of ships, if all Europe did not pay them for this their industry, having but a small consumption themselves of all that they bring home? Though it is not easy to guess at a sum, yet it may not be improper to observe here, and there is no doubt of it. That we have paid to the Hollanders, in no more than half a century since we quitted that trade, some millions of money for those commodities, which our own men might have fished up out of the seas, aud which would have been so much in our pockets, and at this time clear gain to the publick stock. A treasure taken up out of the sea, is a 36 treasure the (jrcenland Trade, &r. 97 treasure gain'd : It must be so ; it caiuiot bu otherwise ! And hereby it appears, that we bring home from Greenland no goods, but such as we can sell to several mai'kets of Europe for money, or have such merchandize in exchange for it, as we should otherwise buy for money abroad : And any objection that might be moved that way, is removed. And to speak further upon the surety of the advantage, both to the adventurers as to the publick stock, and the increase of trade and navigation, and of the money the said trade may keep and bring into the nation ; it is cer- tain, that we not only carry out our own product, but indeed we carry out nothing of value but provisions for the men, which they might be supposed to consume at home, if they did not go at all, especially when our own people come to be wholly employed, and so without car- rying out any other produce, as above : The goods brought lome, are caught out of the sea, and is no more or less, 'han the sweat and labour of our people, and the blessing )f Almighty God ; and so all the oil and whalebone that s brought home, is clear gain, except only the charges of ;he voyage. No merchandize is given in the exchange for it, No bills of exchange paid for it, No money carried out to purchase it. The charges of the fitting out a ship and of the whole 'oyage, is expressed in two articles, called in the stile of )usine8s. Victuals and Wages, Ware and Tear. And these two will come for a ship with six shalloops, xcept what must be paid to the parteneer-officers, and teersmen, for their portions in the train-oil, and the 37 charges 98 A View oj charges of the cookery, by the return ; viz. for victuals and wages, about 4.20/. sterling, for ware and tear, I reckon 180/. sterling, being in all both outset and return, 600/. sterling. This is often repay'd by one whale, that yields 50 to 60 punchions of trail-oil, and 18 or 1900 lbs. weight of fins, or more. And a ship bringing home 5 or 6, 10 or 12 whales, or a full loading of blubber and fins, it is easy to calculate to what considerable profit such a voyage doth amount to. Much more might be said in commendation of this fishery and trade, but I doubt not this will satisfy any discerning reader ; and that no body can make any further objections, or be longer prepossessed with imaginary dis- couragement : I am confident, that if any society of men, with a good stock, and a careful prudent management, would undertake it, they would greatly find their account in it ; and the nation in general would reap so immense advantages by it, that it will naturally fall under the con- sideration of the legislature, to give all reasonable en- couragements that may be wanting to promote it. 38 APPENDIX. the Greenland Trade, S)C. 99 APPENDIX. IT cannot be supposed tliat I have said in the foregoing chapters, all that the subject of the Greenland fishery will afford; to mention all the particulars, would fill a large volume, this trade being extensive beyond what most men imagine ; I shall only, to what has been said, add some few remarks, which on second thoughts I could not omit. As to the first head; Hoiv the ivhale-fishery is per- forni'd ? I should have given the method of boiling the blubber, and how to purge the same, to make it neat and clear train-oil ; and also of cleaning the fins or whalebones to make them merchantable goods, after the return of the ships : But I think it sufficient at present to say, that the cookery of train-oil is done by the harpooneers, who know how to boil it to the most advantage; it being to their interest to do it well, because they are paid for the whole voyage, proportionably to the quantity of clear train-oil which they produce : The management of this cookery, and the particulars thereof, are too many to be set down here ; the curious can only be satisfied, by seeing the regular method in which it is performed. The cleaning of the fins, is a work rather of labour, than of art, and is what most of the seamen that have used these voyages, are well acquainted with. Belonging to the second head, viz. The advantages 39 v)hirh 100 A View of which the Greenland ti-ade hath been to the Dutch, and others : It would make a book by it self, to describe all the advantages in due form, and how the na^^gation of Holland is increased hereby, and what a number of ships they employ in consequence of it ; by bringing in all the materials necessary for the ships used in this fishery, being timber, planks, deals, masts, caskstaves ; hemp, pitch, tar, iron, corn, beef, butter, salt, stock-fish, ^r. voluminous and bulky goods ; and they, not having them of their own growth, the same are brought by sea to their ports : And again, by exporting the train-oil, and the whale-fins, to the several ports of Eio'ope, which they supply them with ; I say, what innumerable ships are hereby con- tinually kepi at sea, and what numbers of families are hence maintained, are obvious to any who employ their thoughts upon this subject. And this trade has been a fund of seamen on any emergency to the State, to furnish their fleets ; and it had been impossible for them to fit out their navy on several particular occasions, without the aid of these Greenland seamen, who being under emergencies of state, kept at home, and not sent to Greenland, their fleets, have been speedily mann'd, even to the surprize of the world ; and so they have often defended themselves against greater powers, who have not so many seamen at hand, whereby this fishery proves to be their great support, and con- tributes considerably to the maintenance of their state, liberty and safety : And they are so sensible of the con- sequence of this trade to them, that by order of the States in their daily publick prayers in all Churches, words to this eff'ect are inserted ; (viz) That God will be graciously- pleased to bless their land, and in particvdai', the great and small fisheries. As to the third head, and the causes of former miscar- 40 riages (lie Gremiland Trade, isr. 10 1 riages in the management of this trade : I think it is better to bury these tilings in a decent silence, than farther to enumerate past mistakes, and the disasters caused thereby. It will be sufficient that I have shewn, how the same may be certainly avoided for the future. To the fourth chapter I have to add, relating to the products of this fishery, viz. train-oyl and whale-fins; that it is a great mistake to say of the first, that we have oyl enough, and that there will beno'yeut for what is imported from Greenland ; when we know how many other parts of Europe want the train-oy], and the soap bci'.cd oi the same. And if our own markets should be over-stockM, and we send the oyl to foreign markets, we shall be able to sell as cheap, nay, even cheaper than the Dutch, and get more money by what we shall sell than they, accord- ing to the several before-mentioned reasons. Nor ought this trade to be merely for our own consumption, for that would but lessen the value and esteem of it, by reason that what will be consumed at home, will be but so much saved, and no addition to the publick stock : But the gain by exportations is what will increase our wealth and riches. As to the whale-fins, it appears by the Custom-house books, that there hath been imported in the port of Lon- don, from the year 1715, to 1721, one year with another, about 150 tons yearly, even when the price hath been very dear ; viz. 400/. per ton, little more or less, which is, one year with another, 60,000/. a year, over and above what is imported in all the other ports of Great Britain and Ireland; which may moderately be supposed to be 100 ton more. Then the sum paid for whalebone amounts to 100,000/. per annum, besides what probably may be run clandestinely : All which hath hitherto been clear loss to this nation, and clear gain to our neigh- bours. 41 But 102 A View of But Avhat an alteration will it be, and what may not such a trade come to in time ; when England shall not only import all this her self, but can supply other parts of Europe with the same as well as with train-oyl, whereby such a treasure as now is carry'd away to oui' neighbours, will be gotten and kept here at home ? What an infinite number of seamen, tradesmen, and labouring poor people, both at sea and on shore, will be employ' d and maintain'd, by tMs trade? "Which will afford and set to business the youth of our Ajharity-schools, and in few years make room for great -numbers of them; and if they prove docile and tractable lads, the-y may be brought up to be steersmen, harpooneers, captains and commanders : And by a succes- sion of such, this trade may be secured, never to be lost again. The number of seamen must increase continually, (much to the safety of oui* kingdom) because every year this fishery will take up boys ; that is to say, sturdy able youths, from fifteen to twenty years of age, and raw men who have never been at sea; they being necessary for mean and ordinary uses : All which after two or three years service, may become expert and able seamen ; then other boys and raw men will be employ'd in their room ; so that this trade will be a perpetual nursery of seamen. All our foreign commerce must be supported (whether in time of peace or war) at a great expence to the publick, by maintaining consuls, residents, ambassadors, governors and garisons, as well for correspondence and intelligence, as preservation and defence. But this trade and fishery is of a quite different nature ; it is carry'd on in the unin- habited parts of the world, in open and otherwise unfre- quented icy seas, at the sole cost of the undertakers, without the least charge, burthen or incumbrance to the publick : and therefore may justly claim more favour and encouragement than any other trade whatsoever, 42 How the Greenland Trade, ^c. 103 IIow apprehensive the legislature always has been of he value of the fishery, appears by the several Acts of ParHament made for the encouragement of the same : \.ud it is declared in the preamble of an Act, in the 14th i^ear Caroli II. " That the piiblick honour, wealth and ' safety of this realm, as ivell in the maintenance and sup- ' port of navigation, as in many other respects, doth in an ' high degree depend upon the improvement and encourage- ' ment of the fishery." And particularly, to re-establish ;his Greenland trade and fishery, I refer the reader to the !\.cts made in the 25th year Caroli II. in the 4th and 5th y^ear Gulielmi & MaricB ; in the 7th and 8th year Gidielmi [II. and in the first year of Queen Anne; and it is hardly n-edible, that so many beneficial Acts, and the good in- tention of the legislature, till now, should have proved to be of no effect. It remains yet to be said, that a further neglect of this tishery may be counted a dead loss to the nation, and is so far a weakning or a check to the growth of the strength 3f this kingdom : Nay, worse ; because our neighbours get that which we neglect and pay for ; growing in power and riches, when we sit still, and prove, by continuing so, as bad politicians as traders. FINIS. 43 i AN APOLOGY FOR THE BUSINESS OF P AW N-B RO KING By a F AWN-BROKER. Can there any Good "Thing come out of Nazareth ? LONDON: Printed in the Year M.DCC.XLIV. THE BUSINESS OF PAM^N-BROKING Stated and Defended. SECT. I. SELF-DEFENCE is the first principle of the law of nature, the right of every man, and extends itself to every thing that is dear and valuable to a man. And of all that is thus sacred and inviolate, moral character justly challenges the next place to conscious virtue and innocence. An attack upon moral character is always found to awaken the utmost attention, and to excite the keenest grief and resentment ; insomuch that a meek and tame submission to attacks of this kind is naturally and universally construed to be a symptom of guilt, or of a most abject and cowardly spirit : This con- sideration, it is humbly hoped, is a sufficient apology for the present publication of the following sheets. If we may for the present only suppose, that it is no impossibility in nature, for a pawn-broker to be an honest and virtuous man, the reader may judge what grief and concern must seize him, upon reading tlie followmg 3 printed 108 An Apology for the printed vote; viz. That leave be given to bring in a Bill for more effectually preventing the receiving stolen goods, by regulating the pawn- brokers ; which may be thought to imply that patvn-brokers are the cliief and principal re- ceivers of stolen goods. A receiver of stolen goods, knowing or suspecting them to be suchj is a character so vile and detestable, that words cannot aggravate, nor can any punishment well exceed its demerit. But the more black and heinous, and the more exten- sive any charge is, the more solid, clear, and convincing, ouglit to be the proofs upon which it is supported. As I intend this for a general vindication of the busi- ness of puivn-broking, I shall consider this important objection in its proper place, amongst other the most material objections that have, or can be, raised against the business or profession. Before I proceed to the argu- ment, I would premise, 1. That I do not pretend to vindicate the practices of all who call themselves pawn-brokers ; for there are many ranked under the general name, whom we know nothing of and utterly disclaim : INIany, who, thinking our busi- ness prodigiously gainful, if they have but a little money, take in pledges ; and, for want of caution and experience, commit many oversights and indiscretions; the reproach whereof terminates upon the whole business. Nor will I undertake to vindicate the practices of all who were regu- larly initiated into business, by serving an apprenticeship to it : And herein we are but upon a level with all other professions ; for, I believe, there is no man so partial to his own business, as not to see and condemn the raal practices of some of his own profession. It is therefore, for this and many other reasons, greatly to be wished, that a cool, sedate, and impartial inquiry should be made ; and a wholesome, rational, and salutary regulation of this business should take place, by which it might be render'd 4 more Business oj Paum-hrohiny. 109 more ssife and honourable to those that follow it^ and more useful and beneficial to the public. The pawn- brokers desire nothing so much ; and, if they may but hope to be heard without passion and prejudice, may perhaps be the most able to give light into a design or scheme of such a nature. 2. That as some parts of the following argument do admit of proof by figures, we shall, in those places, appeal to our reader's skill in arithmetic ; which, surely, no force of prejudice (unless it should rise up to phrensy, or fanaticism) will be able to destroy : But, as to those par- ticulars, that do not admit of figurative or mathematical demonstration, our reader must be content with argu- ments drawn from facts, probability, and analogy ; and these will satisfy every judicious and honest inquirer as to those tilings, which do not in their own nature admit of any other medium of proof. S E C T. II. WE begin this Section with the following posiii- late. That it is no crime or immorality, nor any offence against the laws of the land, to receive a pledge or pawn (as a security for money lent) from the lawful owner, or from one deputed by the lawful owner ; or, to the best of our knowledge, from such person; to restore it undi- minish'd, and, to the utmost of our power, undamaged, upon the demand of such proprietor, or the person who had been deputed by such proprietor to pledge the same, upon re-payment of the money, for the security whereof such pledge or pawn was deposited : And further, that it is not unreasonable or unfit to receive some premium or profit, 5 for 110 An Apology for the for having supplied a person ivith money at all reasonable hours, and in such proportion as his necessity might require. As no reasoning creature can refuse this postulate, we take it for granted ; and shall proceed next to inquire, what the lowest premium (in the nature and reason of things) may be, which a pawn-broker must and ought to receive for the time, labour, expence, skill, and fortune, which his business requires. For this pnrpose, 1 shall humbly submit the following propositions to consideration : I. That to lend one hundred, or one hundred and fifty pounds upon four hundred or five hundred distinct and different pledges, ivill take up four hundred times the quan- tity of time and trouble, that ivill be required to lend the same sum upon one single pledge. Supposing therefore it may take a broker but ten minutes to examine the nature of the commodity , and to inquire as to property, &c. / believe that it ivill be found, that a week's time ivill be pretty well employed in lending money iijjon four or five hundred different pledges, allowing him to attend business fifteen hours in the day ; for he will not, in the whole week, (Sun- days excepted) have above twenty hours to spare for the common offices of life. But, supposing he should have very near as many pledges to re-deliver, besides keeping books for regular ent?'ies ; folding goods in such a manner, as may best preserve them, placing them in such order in his warehouses, that they may be found at a minute's warning, and keeping those warehouses in order, will require more hands than his own to execute. It may therefore be reasonably supposed, II. That such a person cannot perform his business as it ought to be done, without the help of two servants at least ; and, if these are, one or both, journeymen, wages must be 6 paid Business of Pawn-hroking. 1 1 1 jmid as ivell as they boarded ; and, if both apprentices, the latter is of course. III. Sitpposiuff a person thus employed from week to week tlirovghout the year, it will follow, that he cannot be at leisure to attend any other business for the support of himself and family. lY. If this should prove a pretty near calculation of the number of pledges, which are fin common) received for the sum mentioned ; it is easy to conceive, that much ware- house-room is required, a house larger than ordinary abso- lutely necessary ; and, I suppose, proportional rent and taxes will be thought as necessary : It alsofolloivs, that the pawn-brokers really do, what the Charitable Corporation only pretended to ; (viz.) Supply the poor with small sums ; for, if four or five hundred diffe^'ent pledges are received for the sum of one hundred or one hundred and fifty pounds, the sums cannot be very large. Y. If a man of this business is single, he cannot possibly do without a maid-servant to do the business of the house ; and such servant must have board and wages. YI. He may find it convenient or necessary to marry ; and, I take it for granted, may lay claim to the common and undeniable right of every man. I suppose, he and his family can no more live without food, raiment, and physic, than other people. YII. If he has children, they must be fed, cloathed, educated, and put out into the world, as well as those of other men : And a pawn-broker is as much obliged as any other man, by the law of nature, and of his country, to perform this indispensible duty. YIII. Lastly, He is obliged to contribute his proportion towards the support of Government, and the public expence. 7 These 112 An Apoloyyfor the These propositions are most, if not all of them, self- evident ; to attempt a proof of them would be an affront to my reader's understanding : I shall therefore draw a few corollaries, which necessarily follow from them : As, First, That a pawn-broker must, at least, be allowed to make such advantages by his business, as may enable him to perform what is mentioned in the foregoing propositions. We have seen already, that he cannot attend any other business for the support of himself and family ; and if his whole time, thought, labour, skill, and fortune, is hereby ingrossed, he may reasonably expect sustenance from it ; it being the ordinance and appointment of God, that man should live by his labour. Secondly, I infer, that those persons must be guilty of most flagrant injustice and oppression, who (by taking advantage of some laws hereafter to be mention'd) borrow money of a pawn-broker , and, upon repayment thereof, will not allow him such ^profit ov premium, as we shall presently prove indispensibly necessary, to enable him to discharge the obligations mentioned in the foregoing propositions. This must needs be a complicated crime ; for, if it be a sin or vice, by our words, actions ; or omissions, to act, or speak ; to contradict or counteract the truth of any known proposition whatever ; or, in other words, to act a lye*, in which the very formal nature of vice consists; what an aggravated offence must it be, to counteract the truth of so many self-evident propositions ! Let persons, thus acting, place themselves in our stead ; sensible of the constant unavoidable charge we are at for rent, servants, and perhaps, a growing family ; willing, by om- labour and industry, to make some small provision against old age, and to put our helpless children (who may have no other resource) into some tolerable 8 way * Vide Rel. of Nature delineated. Sect. I. Propositions 3, -J, ,(-c. Business of Pawn-broking. 113 way of beginning the world : Would not such persons think themselves cruelly treated, to be obliged to accept such a reward for their labour, as would not go above one third, or half-way, towards defraying their necessary charge? Again, if it is right and fit for any one man to treat us in this manner, it is right and fit for every man to do so : And what must be the consequence, but that we must necessarily wrong our creditors, not pay our rent, and other just demands mankind may have upon us, com- oacnce bankrupts, and throw our families upon the parish ? Certainly our most inveterate enemies will not say this is right and fit ! Thirdly, What monsters of iniquity must those be, who (under the authority and colour of the law) lay snares to oppress and plunder one of this business, for only getting such a profit by his business, as may enable him to discharge the obligations mentioned in the foregoing propositions ! We go on to the main point, {viz.) To find out (if pos- sible) what premium or profit may, in the natm'e and rea- son of things, be suitable and fit for a pawn-broker to receive, in consideration of his labour, time, skill, and fortune. And here it will be necessary to state and vin- dicate the terms upon which we follow business at present : For this purpose I shall transcribe a passage from a public* paper, published about fourteen years ago, in which \\xQ pawn-brokers fairly and justly vindicated them- selves from the false and vile aspersions, cast upon them by the then Charitable Coi'poration, who were, at that time, endeavouiing to establish themselves upon oui* ruins : but were shamefully defeated, and afterwards fulfilled and accomplished, to the hurt and ruin of many families, what the pawn-brokers had predicted: But it has happened 9 to * Vide Daily Post-Boy, April 2fi, 1731. 114 An Apoloyy far the to the pawn-brokers, as the wise Solomon long ago ob- served, Eccles. ix. 14, 15, 16. There was a little city, and few men within it ; and there came a great king against it, and besieged it, and built great bulwarks against it : Now there was found in it a poor wise man, and he by his wisdom delivered the city ; yet no man remembered that same poor man. Then said I, wisdom is better than strength : never- theless (or althd') the poor man's wisdom is despised, and his words are not heard. The passage is as follows ; {vizi) " I shall only pro- " pose the two following questions : " First, Whether my time and labour does not intitle " me to as good a reward as other men receive ? " Secondly, Whether my having been subjected to the " will and profit of another, for the term of seven years, *' may not deserve some consideration, as well as the ser- " vitude of other men ? " I humbly conceive, these two are the principal moral " grounds upon which a tradesman thinks he has a right " to make considerable advantages of his money in trade, " above what he can make of it by putting it out to " interest. Now if it has been generally allowed, that " this is an equitable way of judging, in relation to trade " in general ; it remains, that a reason be given, why I may " not lay claim to a benefit, which all the rest of man- " kind esteem their just right ? Perhaps some profound " reasoner will reply ; But I am a fair trader, and you are " not : I hope his stiling himself fair, and me unfair, will " pass for nothing, till our actions are compared, and an im- " partial judgment formed from them, and not from words. '' For which end, suppose I lend a person twenty *' shillings upon a pledge this day ; this person redeems " his goods to-morrow (or he may let them lie a month, " if he pleases) ; I expect six-pence profit for my time, " trouble and laying out my money ; for this I am charged " with getting 800 per cent, profit per annum : Now a fair 10 " trader Business of Pawn-hrohiny . 115 " trader lays out twenty sliilliiigs, sells his goods again for " ready money, (it may be the same day) gets one shil- " ling, and says he gets but five joer cent.; whereas reckon " his profits j9er annum, and they wiU amount to 1600 joer " cent. : My judgement is required as much to examine " what I lend my money upon, as his is to inquire the '' worth of the commodity he buys ; my money is as truly " disbursed as his ; and it takes me up as much thought " and time to lend twenty shillings, as it does him to lay " out twenty shillings. " K any tradesman in London buys goods with ready " money to-day, and sells them for ready money to- " morrow, I ask, whether it would trouble his conscience, " if he got sixpence j9er pound profit, which he calls 2^ per " cent. If any such person is to be found, let him cast the " first stone ; in this case he has security in his hands, as " well as I. But here the fair trader objects. You never " make bad debts ; you have always more than double " security in your hands ; I am exposed to contract bad " debts, and meet with losses, which you are not liable to. " In answer to this, I say, you do not know what losses I " am liable to ; nor is it proper to acquaint every one with '' them, unless I had a mind to increase them. " But more particularly to answer this objection — I " allow, you meet with many losses in trade, and it is un- " certain Avhat a person may lose in a yearns trading : But '' persons may, from a course of years, come to a general " calculation of their losses, one year with another; and, '^ I believe, it is a general rule with tradesmen, to allow " so much a year for bad debts : Now, let any tradesman " subtract this from his profits, and I will venture to " compare profits with him ; supposing us to have an " equal sum of money in trade, and to return our stock as " often. " Now I will ingenuously sliow you what my profits in ■' general are : 1 have three thousand pounds capital 11 " stock 116 All Apology for the " stock in trade ; I return this twice in a year^ which " amounts to six thousand pounds a year returns; I " can make appear by my books, where I set down daily " my returns, and the profit that day's return yields me, " that at an average I do not make above nine per cent. " profit of all my returns, by deliveries and sales : To " explain this a little more particularly ; I deliver, it may " be, in a day, some things that have lain but one month " in my hands ; here is but two and a half j9er cent, profit. " or, in sums, not quite two per cent. ; others, that have " been three, four, five, six, or twelve months, Sfc. Con- " sequently, I sometimes do not get twelve-pence in the " pound, sometimes eighteen-pence, and perhaps (tho^ " rarely) two shillings ; but, take one day Avitli another, one " month with another I will prove (by my boOKS, or upon " oath) the truth of what I have just now asserted, viz. " That I do not at most make above nine per cent, profit, " upon all the retm-ns I make in a year : The amount " whereof is five hundred and forty pounds per annum, " upon three thousand pounds capital stock in trade : Out " of this is to be deducted my losses, the interest my " money would produce out of trade, and the expences I " must necessarily be at in negociating business ; and as " to these, let it be consider'd, that two-thirds, at least, of " the monies I return, is in sums under twenty shillings, " and any one may easily perceive the numbers of parcels " and persons I must have to do Avith. ]\Iust not this " require several servants, constant attendance, and daily " care and fatigue? " Now, deduct one hundred and fifty pounds for the " interest of my money ; and 1 am certain no considerate " person can allow much less than one hundred and fifty " pounds more for the necessaiy charges I am at in nego- " tiating business ; there remains but two hundred and " forty pounds to answer all losses, to keep myself, and " those of my family that are not concerned in business, 12 " and Btisiness of Paivn-hroking . 117 " and to lay up for posterity. Monstrous accumulation ! *' supposing I had but one thousand pounds in trade, my " profit would hardly amount to one hundred and eighty " pounds per ami. ; and what that will do, as to the " charges of business, and keeping a family in the city " of London, every one knows : But it is manifest " there are multitudes of tradesmen in London, whose " stocks do not exceed, if amount to, one thousand " pounds, who live genteelly, and lay up money : Can " they do this with one hundred and eighty pounds /)er " ami. ? If they cannot, whose profits must be largest ? " It will suffice to answer a seeming paradox in what " I have asserted, that one thousand pounds in trade " (allowing us to gain after the rate of thirty per cent. *' per ami. for small, and twenty per cent, per a nn. for " large sums) will not produce above one hundred and " eighty pounds per ann. ; if it be but considered, that " one third part of our stock in trade, namely what " has lain above twelve or fiifteen months, pays no interest "at all; for e\evj pawn-broker knows, that not one " parcel in ten is redeem^ after it has been so long time " on our hands : and I shall give a demonstration by-and- " by, that even plate, the most certain commodity we ^' deal in, will not pay us twelve per cent, per ann. for the " time we keep it ; which is two years at least." Here it is granted, that, upon the present scheme of our business, it is usual for small pledges to take after the rate of thirty per cent, per ann. ; and the reason why a broker can't do it for less, and get a living profit by his business, is this — we, having no limited time for selling pawns, are obliged (for fear of law-suits) to keep large and perishing stocks by us ; which dead part of our stocks eat up and devour a considerable part of the profit arising from the live part of our stock : And it is a common and notorious practice for knavish and designing people, to let their goods lie three, four, or five years, without ever 13 coming 118 An Apology for the coming to make a demand of them ; on purpose, that the paivn-broker should (upon a presumption that the pledger is either dead, or has no thoughts of redeeming them) ven- ture to sell them ; and so to have an opportunity of suing him, and recover whatever extravagant value they please to set upon them : This is almost daily practised, and not a little encourag'd_, in the courts of law ; and there have been some people so artfully wicked, as to forswear their pro- perty in their own goods, so becoming evidences for them- selves, and escaping payment of costs, if they are cast. But if litigious people are not universally so dex- terously wicked as this, they are frequently such worthless wretches, that a paivn-hroher , if (by great good luck) he gets his cause, can have no other satisfaction for his costs of suit, than (if they don't run their country) to throw them into gaol; which it is hardly worth his while to do. The lawyers very well know, that if a motion was made in court for security to be given by the plaintiff for costs of suit, in case he should be cast, it would not be regarded. It is this vile and profligate part of mankind, aided and abetted by pettifogging attorneys, solicitors, bailiffs, and their followers, that are the people whom (for the most part) the paivn-broker is so unfortunate as to be engag'd against in law-suits : These wretches, having no scruples as to what they say or sweai', provided it may help them to gain their cause ; and being plaintiffs ; have the opportunity of representing their cause in what light soever they please ; abuse the ear of the court, inflame juries, and carry their cause in triumph; whilst the poor pawn-broker not only loses his cause, but incurs infamy. Now was this difficulty removed, and was a pawn- broker allowed by law to dispose of, and appropriate to his own benefit, any pledge, after he had kept it a rea- sonably limited time ; as, upon this consideration, he would not be obliged to keep so large a dead stock upon his hands, nor be liable to expensive and vexatious law- 14 suits. Business of Pavm-h roldng. 119 suits^ I think he may afford to lend small sums one-third cheaper than is now usually done, provided he is allow'd to take after the same rate, or whatever he and the pledger can agree upon, (not exceeding the same rate) for larger sums ; and be allow'd one month's profit certain, tho' the pledge should happen to be redeem' d that day, or the next ; which is not two j^er cent, upon the return, and cannot be thought unreasonable, because the chief labour and trouble is at the first taking of the pledge. This reduction of the charge of borrowing small sums would be a great relief to the honest and industrious poor ; who (as things are now situated) are obliged to pay dearer, on account of the wicked and designing pari of mankind. That a pawn-hrolier cannot do his business upon lower terms than those proposed, shall be next demonstrated. We will suppose one of this profession married ; and, with his own and his wife's fortune together, able to put two thousand pounds clear into trade ; which, surely, is no contemptible beginning in almost any branch of business. Now every one knows, that two thousand pounds, after the rate of twenty per cent, will produce no more than four hundred pounds per annum, was it to be put out at once, and the interest to run on, with out interruption, from the beginning to the end of the year. But it so happens in this business, that I may lend a person ten, twenty, or thirty pounds; which, in a month or two, he repays without any warning; by which means it may lie useless by me for another month or two. This must frequently happen of course : As an equivalent for which, we must suppose a broker cannot keep less than two hundred pounds running cash by him ; consequently has but the net improvement of one thou- sand eight hundred pounds, which will amount but to three hundred and sixty pounds; from whence likewise must be deducted whatever he makes less than twenty 15 per 120 An Apology for the per cent, per annum, profit upon tlie goods he may have to sell, as well as what losses he may be liable to, from the various causes hereafter to be mentioned. For the present, I will only suppose forty pounds to be deducted from three hundred and sixty pounds; it will then be reduced to three hundred and twenty pounds. What this will do towards the support of a family, and laying up for posterity, we shall see presently : For which purpose I will lay before my reader the following Table of Calcula- tion, made by the ingenious* Mr. Vanderlint, of the necessary charges of a middling tradesman's family, in the city of London. I will transcribe a passage from this author, which immediately precedes the Table itself: Says he; " Another point, from whence I argue, that our trade " is in a much worse state than it formerly was, shall be " the following estimate of the necessary charge of a " family in the middling station of life, consisting of a " man, his wife, four children, and a maid-servant ; so as, " 1 think, a person that has such a family, and employs " one thousand pounds of his own money in trade, ought " to live. For, if such families must not have neces- " saries enough, and I believe it will appear I have allowed " no superfluities, I think we ought to give up trade, and " find some other way to live. For trade terminates " ultimately in the consumption of things ; to which end " alone trade is carried on : Therefore if those that employ " in trade one thousand pounds of their own money shall " not be able to supply such a middling family with need- " ful and common things, what then becomes of the con- " sumption of things ? Or, in other words, what becomes " of trade ? For, to be sure, not one person in a good " many is the real owner of such a sum. If therefore 16 " such * A Wainscot Merchant. Vide his Essay on Trade. Business of Paivn-hroling, 121 " such families must retrench and abridge themselves of " common needful things, those in trade below them, in '' this respect, must much more do so, if they have " families." SECT. III. An Estimate of the necessary charge of a family in the middling station of life, consisting of a man, his wife, four children, and one maid-servant. BREAD for seven persons per bead per day - - . Butter .... Cheese - - - . Fish and flesh-meat Roots and herbs, salt, vinegar, muS' tard, pickles, spices, and grocery, ex cept tea and sugar Tea and sugar - - - - Soap for the family occasions, and washing all manner of things, both abroad and at home - Threads, needles, pins, tapes, worsteds, bindings, and all sorts of haberdashery Milk one day with another Candles about two pounds \ per week the year round Sand, fuller' s-earth, whiting, smallcoal, brickdust . . . - Ten-shilling small-beer, a firkin and a quarter per week Ale for the family and friends - Coals, between four and five chaldron per annum, may be estimated at Repairs of household goods, aa table- Unen, bedding, sheets, and every utensil, for household occasion Six shillings and two-pence weekly for seven persons amount to near 17 Daily Expence Weekly Expence Yearly Expence d. s. d. /. s. d. n 4 5i n 1 54 3 Of 3 Of 1 Of 10 24 1 3,1 7 9 01 4 1 n 104 6 1' 01 34 1 2 - - 1 3 " - W - - 2 6 - - 1 G 2 3 14 112 10 Cloath.- 122 An Apology f 07' the I. a. d. Brought over 112 10 Cloaths of all kinds for the master of the family - - 16 Cloaths for wife, who can't wear much, nor very fine laces, with ....... 16 Extraordinary expence attending every lying-in, 10/. sup- posed to be about once in two years - - - 5 Cloaths for four children, at 71. per ann. for each child - 28 Schooling for four children, including every charge thereunto relating supposed to be equal, at least, to 10s. per quarter for each child ..... 8 The maid's wages may be - - - - - 4 10 Pocket expenses for the master of the family, suppo.?ed to be about 4.?. per week - - - - - 1 8 For the mistress of the family, and for the four children, to buy fruit, toys, thcr traders ; and is, therefore, the more in danger of )eing imposed upon. 1 believe it will be found, that, nstead of being even accidental encouragers of thieves, ve are both accidentally and voluntarily the greatest detec- ors of them in the whole nation, and the greatest suf- crers by them in every respect. How many persons, ipou only advertising their goods, have had them restored, 27 and 132 A)i Apology for the and been deliver'd from a private and dangerous thief, by means of i\\e pawn-brokers making a voluntary discovery of them ! For which we may have sometimes (formerly) receiv'd the thanks of the court ; but have generally found mankind so ungenerous and ungrateful, as to make us lose the money lent ; unless they have been compelPd to the contrary, by their own advertisement ; and even then not always, nor frequently without some litigation. Again, the pawn-broker frequently stops suspicious persons and things ; and even, when he is so unhappy as to be imposed on, and receive a thing that is stolen, he is the chief sufferer : The owner has indeed the trouble of a pro- secution, but has his goods again for nothing ; so that the pawn-broker is in truth the person robbed, and the thief is detected and punish'd. What mighty encouragement do parvn-brokers give to thieves, or thieves xo p)awn- brokers ! Again, if any person will carefully peruse the sessions papers, he will find, that the goods, which any of us are concerned about, are most commonly of such a trifling value, that no man can possibly think it worth his while to run any hazard, could he have had them for nothing. Strange that these trifles should come to light, when more valuable things cannot be discover'd ! What then becomes of them ? I answer, I know not ; nor am under any more obligation to account for them, than any trades- man, who, at any time, buys goods in his shop. But this I know, that for upwards of twenty years I have been in the business, I never had six things ofi'er'd to me, which have been advertis'd either at Goldsmiths-Hall, or in the public papers. But there is one reason to be given, why we are not so liable to be impos'd upon in things of value, as in trifles ; and that is, because it is usual to send home with strangers, who bring things of value ; but which cannot be done for every trifling pledge of two or three shillings. It may perhaps be alleg'd, that if pawn-brokers would 28 use Btisinesf! of Paum-hrohng, 133 use more care and caution than they do, and more fre- 'juenlly stop suspicious persons and tilings, they might ietect more thieves. I answer, as to care and caution, it more behoves a oawn-broker to exercise it, than any other man in the nholc nation : And can it be thought Ave arc so blind to our Dwn safety and interests, as not to guard all in our power igainst the loss of our money lent ; the being oblig'd to ittend the sessions, and sometimes to be catechizM in 3pen court, besides the danger of a malicious indictment ; md this sometimes for refusing to part with the goods ivithout a prosecution? Every one knows how easy a matter it is to find a bill before a grand jury ; and tho' I man is ever so honoui-ably acquitted, yet it leaves a last- ng reproach upon him to have been ever arraign'd, and 3ut upon a proof of his innocence, as to such flagrant 3rimes as those under consideration. And, as to dectect- ng more thieves than we do, I should be very glad to fnow, who will protect me from indictments, actions of Wover, and for false imprisonment ; in case I should lappen to be too sanguine, and stop a person or goods jpon a mistaken suspicion ? Perhaps our adversaries lever dreamt of these things amidst all tlieir visionary dumberings. I have heard it suggested, that loe make orivate sales of goods, and so conceal stolen goods. I mswer, that we do generally sell wearing apparel, linen, ifc. in large quantities ; it may be, fifty, sixty, eighty, or )ne hundred pounds- worth at a time : But those that buy ;hem are public dealers, who sell and distribute them to ;he dealers in Monmouth-street, and other public places ; 50 that it is not for the sake of concealing goods, that we sell them in this manner, but because it is the only way Df vending them for despatch ; tho' most of the business retail publicly in their own shops ; and we all sell jewels, natchcs, and plate, in this manner. Once more, it may perhaps be urged, that it is expressly said, [in the Act of 29 Parliament 134 An Apology for the Parliament made in the first year of King James I.) that V)e are harbourers and encouragers of thieves, and dishonest pei'sons. To this it may be answered, that our ancestors, at that time, were greatly inclinM to see invisible sights, and to believe impossible facts ; for, in the very same session of Parliament, there was an Act made against conjuration, vntchcraft, and dealing with evil and wicked spirits; by which it was made felony to consult, covenant with, en- tertain, employ, feed, or reward, any evil and wicked spirit, &c. Now it is indisputable, that many hundreds, if not thousands, of poor superannuated women liave been legally convicted, and suffer' d death, by virtue of this Act, for crimes impossible in nature to be committed : Yet never have three pawn-brokers been convicted of the crimes alleg'd against them in the other Act, tho' nothing, in the nature of things, renders such practices impossible, nor a discovery of them impervious. It is worth remark- ing, how different their fates ! The one has had the sacrifice of hundreds, if not thousands, of lives, in confir- mation of the suspicion our ancestors had of witches, conjurers, and the like ; and yet so sceptical are we moderns, in these respects, that our legislature has, within these few years, repealed the Act as far as it extends to sorcery or witchcraft ; if it had been possible in nature. But as to the other Act concerning pawn-brokers, or, as the Act calls them, fripperers, tho' there have never been three fripperers convicted upon this Act from that day to this, in confirmation of the suspicion our ancestors had of these men ; yet it is as firmly believed by us moderns, thai pawn-brokers, alias fripperers, are receivers of stolen goods, as tho' scores or hundreds of them had been con- victed, or confess'd themselves guilty of such practices. It is well if we don't derive from our ancestors, and still retain, the happy faculty of seeing invisibles, and believ- 30 ing Ihisiness of Pawn-broking. J 35 ing incredibles ! For my part, as I have not the gift of second sight, like the good people of the Orcadcs, it appears to me, at first sight, that if huudreds of pawn- brokers have been constantly harbouring and encouraging thieves and rogues for these hundred and fifty years last past ; and this without being detected and punish'd ; that they are an overmatch for the Devil. Till now, I never so much as suspected them to be conjurers; but begin to be in bodily fear, lest I should have been, for the greatest part of my life, a conjurer, without knowing any thing of tlie matter. I heartily beg my reader's pardon, and hope he will excuse my prolixity upon this head at this time ; w liich, at any otlier, would have been very impertinent ; but as the principal present complaint against us is upon this topic, it was necessary to offer all that I think may be said, having the hard and almost impossible task of proving a negative ! How far I have succeeded, must be left to consideration ; and now I proceed to another objection. Objection 2. This business is rather jjrejudicial than serviceable to the public. Ansiver. I humbly conceive this to be a gross mistake, and to arise from the objector's ignorance of the sudden and unexpected disappointments and embarassments, which not only people of the lower rank, but even those of a higher station, are liable to. Can any one, who knows any thing of the world, be insensible of the many difficulties master-workmen of all sorts are plunged into, by ])eing disappointed of their monies when due; and having, at the same time, journeymen to pay, who cannot be put off without their wages, or perhaps the want of a present supply for their family occasions? Can any one be ignorant of the distress which working people are expos'd to, from unforeseen accidents, sickness, and the like ? How often from such causes, their goods 31 are 136 An Apology for the are liable to be seized for rent, by a needy or merciless landlord ; or their persons, by an impatient creditor ? HoAv often are even gentlemen disappointed of their rents when due ? Sometimes engag'd in tedious and expensive law or chancery-suits (where nothing can be done without the ready penny) ; yet in such streights do not care to expose their necesi?ities to their friends or acquaintance, lest it should be to no purpose ; or perhaps, lest (in grati- tude) they should be oblig'd to return the favour at another time ; and so run the hazard it may be, of losing the money lent. But to put this matter out of dispute, we will only suppose two eases : The first shall be, a person of higher rank, who may have a sudden occasion for twenty pounds (there being no business of this nature) ; he is oblig'd to sell a parcel of plate, or any jewels : Will not this be a far greater damage to him, than paying after the rate of twenty per cent, per ann. one, two, three, or six months for the loan of such a sum (I choose to instance in plate, because every one justly thinks this to be attended with as little loss as any thing) ? I say, supposing a gentleman selling seventy-three ounces of plate, he will lose, at least, six- pence per ounce in the fashion, and the six-pence per ounce duty (which all new plate pays to the king) ; which together will amount to one shilling per ounce at least : This loss will therefore come to three pounds thirteen shillings. And as to more curiously wrought plate, his loss in this will be far more in proportion, considering what he must have paid for the fashion of any plate, where the workmanship is something extraordinary. Or if he should be oblig'd to sell a gold watch (not at all damagM by wearing), which cost him twenty-five pounds; the very maker or seller of that watch, could not allow him above seventeen or eighteen pounds for it, if so much : I need not calculate what this loss will amount to. 32 Now, Business of Paivu -broking. 137 Now, if he can pledge ciglity ounces of plate for igliteen pounds, and redeem the pledge in a month's xme, it will be but six shillings loss to him ; or, if he annot redeem it in less than six months' time, it will be »ut one pound sixteen shillings loss to him, or should le be, at last, oblig'd to dispose of it, he is at liberty to Lo this whenever he pleases : For none of us would refuse L goldsmith's buying it, even in our own shops. But, if we take an instance from lower life, where here can be little or no opportunity to provide against ludden and unexpected accidents, which people of this ;lass are more frequently exposed to ; and suppose an nferior tradesman distress^ for want of such a sum IS twenty or forty shillings to pay his journeymen or 'ent; or to support himself or family in sickness; or to go ;o market with for materials to work upon : Was there no «uch business as we are pleading for, what a happiness rt'ould such a man account it, that he could any where borrow such a sum as forty shillings, and traffick with it for three months together, for so small a charge as two shillings, and not be oblig'd to sell his own or wife's apparel, or household-goods, for it may be not one half of what they cost him? And would any impartial by- stander call him, that got the two shillings, an extortioner or oppressor; or would he not more justly deem them to be fools, or knaves, that so unjustly vilify'd their neighbour ? These two cases are supposed to arise from mere neces- sity; but I humbly apprehehend it may be made appear to be the interest of the small trafficker, sometimes to pledge his goods, tho' not driven thereto by mere necessity : By considering how much such a person may save by going to market with ready money, buying advantageous bar- gains unexpectedly, and the like. Suppose a man should save but ten per cent, in the purchase of any commodity, by going to market with ready money ; if he lias a pro- 33 bable 138 An Apology for the bable prospect of coming into his money in a reasonable time, it will be worth his while to pledge any goods he can spare, and to pay even after the rate of 20 per cent, per ana. for the loan : for, supposing him to lay out ten pounds, it saves him twenty shillings in the purchase ; if he comes into his money, and redeems his goods in three months time, it is ten shillings clear in his pocket ; and if he should not come into his money under six months time, he has had the chance of making a return or two of his money for nothing : For when he has redeemed his goods, and paid for the loan of the money, he is but where he was, had he gone to market upon credit. It may likewise deserve consideration, whether some Acts of Parliament, made of late years, may not have so affected small credit, as to increase the necessity of this business. For, if small credit should happen to be thereby rendered so precarious, that the creditor should have very little better security for his debts than the honesty of the debtor, he will be apt to think it too dan- gerous and leaky a bottom to venture his property upon. And if the small trader cannot obtain credit, he must either go to market with ready money, or his business be at a stand ; and, if he has not ready money of his own, will be under a strong temptation to apply to the pawn- broker. This consequence, I will be bold to say, is what our Legislature never once designed. The truth is, every man is at liberty, whether he will come to our shops, or no. No one would come there, did he not find his account in it, or, at least, imagine he did so ; since no man chuses an evil as such : And if, upon experiment, he finds himself mistaken, would he ever do so again? Methinks our enemies would do well, to give some substantial reason, whence it comes to pass, that such mon- sters and oppressors of mankind should ever have any busi- ness to do : Yet so it is, that this business has found em- 34 ployment Business of Pawn-hrol-imj. 139 )loymcnt foi* its followers ever since comiiicrce and trade )egan to lift up its head, and flourish in the nation. Again, low happens it, that people should, for years together, hink it better to pledge their goods as their occasions may equire, and to pay such terrible interest for the loan, than 't once to sell their goods, and buy others, ivhen they had 'ot money so to do ? Should it be said, their pressing lecessities put them upon it ; I answer, that necessity, he more pressing it is, the more sharp sighted ; it being )rovcrbially called, the mother of invention. This tempts ne to think, that people have tried other experiments, )ut find none more eligible; nay, perhaps, have ex- )crienced, that no people will buy and sell with them for uch a profit as we make of them. If a poor man (thro' necessity) should be obliged to ell his coat for five or ten shillings ; it cannot be sup- )Osed he could put another in the room of it for so little OSS as one shilling; because the buyer of the one, and he seller of the other, would both get a profit out of him ; vhereas he may pawn his coat for five or ten shillings, let t lie a month or two, and redeem it again for three half- jcncc, three-pence, or, at most, six-pence loss ; tho' the ingodly and extorting pawn-broker has got after the rate )f thirty j:;er cent, per annum for the loan. Objection 3. If pawn-brokers are allowed to sell goods pledged in any reasonably -limited time, and not to be iccountable for the overplus that may remain, they will nake vast advantages by ivhat they may have forfeited for want of redemption ; and the pledger ivill be most grie- vously oppressed. Ansiver. The pledger is at liberty to redeem his goods during the time limited ; or, if he cannot, may be able to procure a friend to redeem them, and so have an oppor- tunity of disposing of tiicm as he thinks proper : Or, if not, may bring other tradesmen to buy them ; who, upon 35 payment 140 An Apology f 07' the payment of the charge due upon the loan, may have op- portunity of buying them in our shops, which none of us at this time refuse, where we have no apprehensions of a snare laid for us by wicked and designing people ; either of forcing the goods from us, without allowing us a rea- sonable and living profit by our business, or furnishing themselves with evidence to support an action of trover, should we venture to sell them ; whilst they (if perishable goods) retain any of the least value ; and so recover against us, by dint of swearing, a far greater value (besides costs of suit) than ever their goods cost them. I have known persons who have made it their business to go to Monmouth-street, and buy up for a very trifle, old- fashioned and scoured brocade-silk gowns, old-fashioned broad laces, or any thing that has an high-sounding name in a court, and pawn them, let them lie three or four years, and then sue the pavm-broker, if he refuses to pay them ten times the value of the goods, or even of what they cost them. I presume, the reader will easily perceive how careful and cautious we are obliged to be in the present situation; which care and wariness is no more than innocent self-defence, tho' it may have the appear- ance of artifice or cunning. But, to give a further answer to this objection by a quotation from the public ^paper already mentioned, it is in answer to the objection, '' That ive lend so little upon '' goods, that what loe sell we gain immensely by.'' The reasons of this general mistake are ; " First, the considerable disparity between the price of " goods at the first hand, and the price of the same goods " when they come to be sold to the immediate wearer : " Commonly two or three profits are got out of them before " that comes to be the case. For instance : A weaver, 36 " perhaps, * Daily Post-Boy, April 26, 1731. Business q/' Pawn-broking. 141 " perhaps, sells f advance-guard, or out-work, which must be first lemolishM, before the common enemy can make his ipproachcs. 55 :!. I lie 160 An Apology, Sfc. 2. The private paivn-brokers do cause, perhaps, a million of money to circulate in the channels of trade ; which, otherwise, would be locked up in the public funds ; or, what may be much worse, fall into the hands of a charitable corporatio)i. AVhether small credit bears, at this time of the day, the most agreeable aspect? whether the ready money trade is so very considerable, as to bear the lopping-off so considerable a branch ? or, whether there is too much ready money circulating in trade at this time ? must be left to your consideration. 3. Whether, if the private paivn-broker , who is a sort of mountaineer, and, at present, possess'd of an important pass (tho' situated on a bleak, barren, and ingrateful soil) should be driven from thence, he may not retreat to the more warm and fertile plain, where there is already com- plaint for want of elbow room ? And as he has, by thin diet, and frequent incm'sions upon him, been inur'd to hardship and fatigue, (whereby he may have acquir'd a robust and athletic constitution) may not prove a troublesome neighbour, and disturb their long and happy repose? 4. If the ^v\\2±e paion-brokers should be so regulated, as to be oblig^l to quit their posts of a sudden, one or other of these must be the consequence ; either the com- mon enemy, if prepared, will immediately get into posses- sion ; or, for want of such supplement, the suddenly distress^ and ungovernable multitude may possibly take it into their heads to be their own carvers : And, as they are not given to make the most nice, just, and accurate distinction as to person or property ; the consequences may be as fatal one way as the other. These hints may be enlarged in their own meditations : A word to the ivise is enough. ' FINIS. EXTRACTS FROM THi- WORKS OF Dr. FRANKLIN, ON Population, Commerce, CONTENTS. Page Observations couceruiug the Increase of Mankind, Peo- pling of Countries, the money among them? Or, do they employ these ypur darling manufacturers, and so scatter it again all over the nation ? The wool would produce me a better price, if it were suffered to go to foreign markets ; but that. Messieurs the PubKc, your laws will not permit. It must be kept all at home, that our dear manufacturers may have it the cheaper. And then, having yourselves thus lessened our encouragement for raising sheep, you curse us for the scarcity of mutton ! I have heard my grandfather say, that the farmers submitted to the prohibition on the exportation of wool, being made to expect and believe that when the manufac- turer bouglit his wool cheaper, they should also have their cloth cheaper. But the deuce a bit. It has been growing dearer and dearer from that day to this. How so ? Why, truly, the cloth is exported ; and that keeps up the price. Now, if it be a good principle, tliat the exportation of a commodity is to be restrained, that so our jjcople at 23 home 184 Franklin on home may have it the cheaper, stick to that principle, and go thorough stitch -with it. Prohibit the exportation of your cloth, your leather, and shoes, your iron ware, and your manufactures of aU sorts, to make them all cheaper at home. And cheap enough they will be, I will warrant you — till people leave off making them. Some folks seem to think they ought never to be easy till England becomes another Lubberland, where it is fancied the streets are paved with penny rolls, the houses tiled with pancakes, and chickens, ready roasted, cry, Come eat me ! I say, when you are sure you have got a good principle, stick to it, and carry it thorough. I hear it is said, that though it was necessary and right for the ministry to advise a prohibition of the exportation of com, yet it was contrarij to law ; and also, that though it was contrary to laiv for the mob to obstruct waggons, yet it was necessary and right. Just the same thing to a tittle. Now they tell me, an act of indemnity ought to pass in favor of the ministry, to secure them from the consequences of having acted illegally. If so, pass another in favor of the mob. Others say, some of the mob ought to be hanged, by way of example. If so, — ^but I say no more than I have said before, tvhen you are sicre that you have got a good principle, go thorough with it. You say, poor laborers cannot afford to buy bread at a high price, unless they had higher wages. Possibly. But how shall we farmers be able to afford our laborers higher wages, if you wiU not allow us to get, when we might have it, a higher price for our corn ? By all that I can learn, we should at least have had a guinea a quarter more, if the exportation had been al- lowed. And this money England would have got from foreigners. But, it seems, we farmers must take so much less, that the poor may have it so much cheaper. 24 This Population, Commerce, ^c. 185 This operates then as a tax for the maintenance of the poor. A very good thing, you will say. But I ask, why a partial tax ? Why laid on us farmers only ? If it be a good thing, pi'ay, Messieurs the Public, take your share of it, by indemnifying us a httle out of your public treasury. In doing a good thing, there is both honor and pleasure ; — you are welcome to your share of both. For my own part, I am not so well satisfied of the goodness of this thing. I am for doing good to the poor, but I diflFer in opinion about the means. I think the best way of doing good to the poor, is not making them easy in poverty, but leading or driving them out of it. In my youth I travelled mucli, and I observed in different coun- tries, that the more public provisions were made for the poor, the less they provided for themselves, and of course became poorer. And, on the contrary, the less was done for them, the more they did for themselves, and became richer. There is no country in the world where so many provisions are established for them ; so many hospitals to receive them when they are sick or lame, founded and maintained by voluntary charities ; so many alms-houses for the aged of both sexes; together with a solemii general law, made by the rich, to subject their estates to a heavy tax for the support of the poor. Under all these obliga- tions, are our poor modest, humble, and thankful ? and do they use their best endeavours to maintain themselves, and lighten our shoulders of this burthen ? On the contrary, I aflBrm that there is no country in the world in which the poor are more idle, dissolute, drunken, and insolent. The day you passed that act, you took away from before their eyes the greatest of all inducements to industry, frugality, and sobriety, by giving them a dcpcudeuce on somewhat else than a careful accumulation during youth and health, for support in age or sickness. In short, you offered a premium for the encouragement of idleness, and you should not now wonder that it has had its efiect in the in- 25 crease 186 Franklin on crease of poverty. Repeal that law, and j^oli will soon see a change in their manners — Saint Monday and Saint I'ues- day will soon cease to be holidays. Six days shalt thou labor, though one of the old commandments, long treated as out of date, will again be looked upon as a respectable precept ; industry will increase, and with it plenty among the lower people; their circumstances will mend, and more will be done for their happiness by inuring them to provide for themselves, than could be done by dividing all your estates among them. Excuse me, Messieurs the Public, if upon this interest- ing subject I put you to the trouble of reading a little of my nonsense : I am sure I have lately read a great deal of yours ; and therefore from you (at least from those of you who are writers) I deserve a little indulgence. I am yours, &c. Arator. On Smuggling, and its various Species. Sir, There are many people that would be thought, and even think themselves, honest men, who fail nevertheless in particular jjoints of honesty ; deviating from that character sometimes by the prevalence of mode or custom, and sometimes through mere inattention ; so that their honesty is partial only, and not general or universal. Thus, one who would scorn to over-reach you in a bargain, shall make no scruple of tricking you a little now and then at cards; another that plays with the utmost fairness, shall with great freedom cheat you in the sale of a horse. But there is no kind of dishonesty, into which otherwise good people more easily and frequently fall, than that of defrauding government of its revenues by smuggling 26 when Population, CorMiierce, Sjc. 187 when they have an opportunity, or eucoiiraging smugglers by buying their goods. I fell into these reflections the other day, on hearing two gentlemen of reputation discoursing about a small estate, which one of them was inclined to sell, and the other to buy ; when the seller, in recommending the place, remarked, that its situation was very advantageous on this account, that being on the sea-coast in a smuggling country, one had frequent opportunities of buying many of the expensive articles used in a family, (such as tea, coffee, chocolate, brandy, w-ines cambrics, Brussels laces, French silks, and all kinds of India goods,) 20, 30, and in some articles 50 ^jer cent, cheaper than they could be had in the more interior parts, of traders that paid duty. The other honest gentleman allowed all this to be an advantage, but insisted that the seller, in the advanced price he de- manded on that account, rated the advantage much above its value. And neither of them seemed to think dealing with smugglers, a practice that an honest man (provided he got his goods cheap) had the least reason to be ashamed of. At a time when the load of our public debt, and the heavy expense of maintaining our fleets and armies to be ready for our defence on occasion, makes it necessary not only to continue old taxes, but often to look out for new ones ; perhaps it may not be unuseful to state this matter in a light that few seem to have considered it in. The people of Great Britain, under the happy consti- tution of this country, have a privilege few other countries enjoy, that of choosing the third branch of the legislature ; which branch has alone the power of regulating their taxes. Now whenever the government finds it necessary for the common ])enefit, advantage, and safety of the nation, for the security of our liberties, property, religion, and every thing that is dear to us, that certain sums shall be yearly raised by taxes, duties, &c. and paid into the public 27 tieasurv, 188 Franklin 07i treasury, tlience to be dispensed by government for those purposes, ougbt not every honest man freely and willingly to pay his just proportion of this necessary expense ? Can he possibly preserve a right to that character, if by any fraud, stratagem, or contrivance, he avoids that payment in whole or in part ? What should we think of a companion, Avho having supped with his friends at a tavern, and partaken equally of the joys of the evening with the rest of us, would nevertheless contrive, by some artifice, to shift his share of the reckoning upon others, in order to go off scot-free ? If a man who practised this, would, when detected, be deemed and called a scoundrel, what ought he to be called, who can enjoy all the inestimable benefits of public society, and yet by smuggling, or dealing with smugglers, contrive to evade paying his just share of the expense, as settled by his own representatives in parliament ; and wrongfully throw it upon his honester and perhaps much poorer neighbours? He will perhaps be ready to tell me, that he does not wrong his neighbours; he scorns the imputation ; he only cheats the king a little, who is very able to bear it. This however is a mistake. The public treasure is the treasure of the nation, to be applied to national purposes. And when a duty is laid for a particu- lar public and necessary purpose, if through smuggling that duty falls short of raising the sum required, and other duties must therefore be laid to make up the defi- ciency; all the additional sum laid by the new duties and paid by other people, though it should amount to no more than a halfpenny or a farthing per head, is so much actually picked out of the pockets of those other people by the smugglers and their abettors and encouragers. Are they then any better or other than pickpockets ? and what mean, low, rascally pickpockets must those be, that can pick pockets for halfpence and for farthings ? I would not however be supposed to allow in what I 28 have Popiilation, Commerce, ^c. 189 liave just said, that cheating the king is a less offence against honesty, than cheating the public. The king and the public in this case are different names for the same thing ; but if we consider the king distinctly, it will not lessen the crime : it is no justification of a robbery, that the person robbed was rich and able to bear it. The king has as much right to justice as the meanest of his subjects ; and as he is truly the common father of his people, those that rob him fall under the scripture woe, pronounced against the sou tliat robbeth his father, and saith it is no sin. Mean as this practice is, do we not daily see people of character and fortune engaged in it for trifling advantages to themselves ? Is any lady ashamed to request of a gentleman of her acquaintance, that when he returns from abroad, he would smuggle her home a piece of silk or lace from France or Flanders? T> rmy gentleman ashamed to undertake and execute the commission ? Not in the least. They will talk of it freely, even before others whose pockets they are thus contriving to pick by this piece of knavery. Among other branches of the revenue, that of the post-office is, by a late law, appropriated to the discharge of our public debt, to defray the expenses of the state. None but members of parliament, and a few public officers, have now a right to avoid, by a frank, the payment of postage. AVhen any letter not written by them or on their business, is franked by any of them, it is a hurt to the revenue ; an injury which they must now take the pains to conceal by writing the whole superscription them- selves. And yet such is our insensibility to justice in this particular, that nothing is more common than to see, even in a reputable company, a very honest gentleman or lady declare, liis or her intention to cheat the nation of three- pence by a frank ; and, without blushing, apply to one of the very legislators themselves, with a modest request, that 29 he 190 FranUin on he would be pleased to become an accomplice in the crime, and assist in the perpetration. There are those who by these practices take a great deal in a year out of the public purse, and put the money into their own private pockets. If, passing through a room where public treasure is deposited, a man takes the opportunity of clandestinely pocketing and carrying off a guinea, is he not truly and properly a thief? And if another evades paying into the treasury a guinea he ought to pay in, and applies it to his own use, when he knows it belongs to the public as much as that which has been paid in, what difference is there in the nature of the crime, or the baseness of committing it ? Some laws make the receiving of stolen goods equally penal with stealing, and upon this principle, that if there were no receivers there would be few thieves. Our pro- verb too, says truly, that the receiver is as bad as the thief. By the same reasoning, as there would be few smugglers, if there were none who knowingly encouraged them by buying their goods, we may say that the encouragers of smuggling are as bad as the smugglers ; and that as smugglers are a kind of thieves, both equally deserve the punishments of thievery. In this view of wronging the revenue, what must we think of those who can evade paying for their wheels and their plate, in defiance of law and justice, and yet declaim against corruption and peculation, as if their own hands and hearts were pure and unsullied? The Americans offend us grievously, when, contrary to our laws, they smuggle goods into their own country ; and yet they had no hand in making those laws. I do not however pretend from thence to justify them : but I think the offence much greater in those who either directly or indirectly have been concerned in making the very laws they break. And when I hear them exclaiming against the Americans, and for every little infringement of the acts of trade, or ob- 30 struction Population, Commerce, ^c. 191 struction given by a petty mob to an officer of onr customs in that country, calling for vengeance against the whole people as rebels and traitors, I cannot help thinking there are still those in the world who can see a mote in their brother's eye, ivhilethey do not discern a beam in their own; and that the old saying is as true now as ever it was, one man may better steal a horse, than another look over the hedge. B. F. / Observations on War. By the original law of nations, war and extirpation were the punishment of injury. Humanising by degrees, it admitted slavery instead of death ; a farther step was, the exchange of prisoners instead of slavery ; another, to respect more the property of private persons under con- quest, and be content with acquired dominion. Why should not this law of nations go on improving? Ages have intervened between its several steps ; but as know- ledge of late increases rapidly, why should not those steps be quickened? Why should it not be agreed to, as the future law of nations, that in any war hereafter the fol- lowing description of men should be undisturbed, have the protection of both sides, and be permitted to follow their employments in security ? viz. 1 . Cultivators of the earth, because they labor for the subsistence of mankind. 2. Fishermen, for the same reason. 3. Merchants and traders in unarmed ships, who accommodate different nations by communicating and exchanging the necessaries and conveniences of life. 4. Artists and mechanics, inhabiting and working in open towns. It is hardly necessary to add, that the hospitals of enemies should be unmolested — they ought to be assisted. 31 ' It 192 Franklin on It is for the interest of humanity in general, that the occasions of war, and the inducements to it, should be diminished. If rapine be abolished, one of the encourage- ments to war is taken away ; and peace therefore more likely to continue and be lasting. The practice of robbing merchants on the high seas — a remnant of the ancient piracy — though it may be acci- dentally beneficial to particular persons, is far from being profitable to all engaged in it, or to the nation that autho- rises it. In the beginning of a war some rich ships are surprised and taken. This encourages the first adventurers to fit out more armed vessels ; and many others to do the same. But the enemy at the same time become more careful ; arm their merchaut ships better, and render them not so easy to be taken: they go also more under the protection of convoys. Thus, while the privateers to take them are multiplied, the vessels subject to be taken, and the chances of profit, are diminished ; so that many cruises are made wherein the expenses overgo the gains ; and, as is the case in other lotteries, though particulars have got prizes, the mass of adventurers are losers, the whole ex- pense of fitting out all the privateers during a war, being much greater than the whole amount of goods taken. Then there is the national loss of all the labor of so many men dm'ing the time they have been employed in robbing ; who besides spend what they get in riot, drun- kenness, and debauchery ; lose their habits of industry ; are rarely fit for any sober business after a peace, and serve only to increase the number of highwaymen and house-breakers. Even the undertakers who have been fortunate, are, by sudden wealth, led into expensive living, the habit of which continues when the means of support- ing it cease, and finally ruins them ; a just punishment for their having wantonly and unfeelingly ruined many honest, innocent traders and their families, whose substance was employed in serving the common interest of mankind. 32 On Population, Commerce, Sjc. 193 On the Laboring Poor. To the Editor of ^ * * April, 1768. Sir, I have met with much invective in the papers for these two years past, ag^ainst the hard-heartedness of the rich, and much complaint of the great oppressions suffered in this country by the laboring poor. Will you admit a word or two on the other side of the question ? I do not propose to be an advocate for oppression or oppressors. But when I see that the poor are, by such writings, exasperated against the rich, and excited to insurrections, by which much mischief is done, and some forfeit their lives, I could wish the true state of things were better understood, the poor not made by these busy writers more uneasy and unhappy than their situation subjects them to be, and the nation not brought into disrepute among foreigners, by public groundless accusations of ourselves, as if the rich in England had no compassion for the poor, and Englishmen wanted common humanity. In justice, then, to this country, give me leave to remark, that the condition of the poor here is, by far, the best in Europe; for that, except in England and her American colonies, there is not in any country of the known world, not even in Scotland or Ireland, a pro- vision by law to enforce a support of the poor. Every- where else necessity reduces to beggary. This law was not made by the poor. The legislators were men of for- tune. By that act they voluntarily subjected their own estates, and the estates of all others, to the payment of a tax, for the maintenance of the poor, incumbering those estates with a kind of rent charge for that purpose, whereby the poor are vested with an inheritance, as it were, in all the estates of the rich. I wish they were benefitted by this generoiis provision, in any degree equal 33 * to 194 Franklin on to the good intention with which it was made, and is con- tinued. But I fear the giving mankind a dependance on any thing for support, in age or sickness, besides industry and frugality during youth and health, tends to flatter our natural indolence, to encourage idleness and prodigality, and thereby to promote and increase poverty, the very evil it was intended to cure ; thus multiplying beggars instead of diminishing them. Besides this tax, which the rich in England have sub- jected themselves to in behalf of the poor, amounting in some places to live or six shillings in the pound, of the annual income, they have, by donations and subscriptions, erected numerous schools in various parts of the kingdom, for educating, gratis, the children of the poor, in reading and Avriting ; and in many of those schools the children are also fed and clothed. They have erected hospitals at an immense expense, for the reception and cure of the sick, the lame, the wounded, and the insane poor, for lying-in women, and deserted children. They are also continually contributing towards making up losses occa- sioned by fire, by storms, or by floods, and to relieve the poor in severe seasons of frost, in times of scarcity, &c. in which benevolent and charitable contributions no nation exceeds us. — Surely, there is some gratitude due for so many instances of goodness. Add to this all the laws made to discourage foreign manufactures, by laying heavy duties on them, or totally prohibiting them, whereby the rich are obliged to pay much higher prices for what they wear and consume, than if the trade was open. These are so many laws for the support of our laboring poor, made by the rich, and con- tinued at tbeir expense : all the difference of price between our own and foreign commodities, being so much given by our rich to oiu' poor ; who would indeed be enabled by it to get by degrees above poverty, if they did not, as too generally they do, consider every increase of wages, onW 34 as Poiyidation, Commerce, &^c. 195 as something that enables them to drink more and work less ; so that their distress in sickness, age, or times of scarcity, continues to be the same as if such laws had never been made in their favor. Much malignant censure have some writers bestowed upon the rich for their luxury and expensive living, while the poor are starving, &c. ; not considering that what the rich expend, the laboring poor receive in payment for their labor. It may seem a paradox if I should assert, that our laboring poor do in every year receive the ivhole revenue of the natron ; I mean not only the public revenue, but also the revenue or clear income of all private estates, or a sum equivalent to the whole. — In support of this position I reason thus : the rich do not work for one another. Their habitations, furniture, clothing, carriages, food, ornaments, and every thing, in short, that they or their families use and consume, is the work or produce of the laboring poor, who are and must be continually paid for their labor in producing the same. In these payments the revenues of private estates are expended, for most people live up to their incomes. In clothing or provision for troops, in arms, ammunition, ships, tents, carriages, &c. &c. (every particular the produce of labor), much of the public revenue is expended. The pay of officers, civil and military, and of the private soldiers and sailors, requires the rest ; and they spend that also in paying for what is produced by the laboring poor. I allow that some estates may increase by the owners spending less than their income ; but then I conceive that other estates do at the same time diminish, by the owners spending more than their income, so that when the enriched want to buy more land, they easily find lands in the hands of the impo- verished, whose necessities oblige them to sell ; apd thus this difference is equalled. I allow also that part of the expense of the rich is in foreign produce or manufactures, for producing which the laboring poor of other nations 35 must 196 Franklin on must be paid ; but then I say, we must first pay our own laboring poor for an equal quantity of our manufactures or produce to excliauge for those foreign productions, or we must pay for them in money, which money not being the natiu'al produce of our country, must first be purchased from abroad, by sending out its value in the produce or manufactures of this country, for which manufactures our laboring poor are to be paid. And indeed if we did not export more than we import, we could have no money at all. I allow farther, that there are middle men, who make a profit, and even get estates, by purchasing the labor of the poor, and selling it at advanced prices to the rich ; but then they cannot enjoy that profit, or the incomes of estates, but by spending them in employing and paying our laboring poor, in some shape or other, for the products of industry. — Even beggars, pensioners, hospitals, anrl all that are supported b}^ charity, spend their incomes in the same manner. So that finally, as I said at first, our labor- ing poor receive annually the ivhole of the clear revenues qf the nation, and from us they can have no more. If it be said that their wages are too low, and that they ought to be better paid for their labor, I heartily wish that any means could be fallen upon to do it consistent with their interest and happiness ; but as the cheapness of other things is owing to the plenty of those things, so the cheapness of labor is in most cases owing to the multitude of laborers, and to their under-working one another in order to obtain employment. How is this to be remedied? A law might be made to raise their wages ; but if our manufactures are too dear, they will not vend abroad, and all that part of employment will fail, unless by fighting and .conquering, we compel other nations to buy om* goods whether they will or no, which some have been mad enough at times to propose. Among ourselves, unless we give our working people less employment, how can Are for what they do pay them higher than we do? Out of what 36 fund Poimlalion, Commerce, S)C. \i)7 fund is the additional price of labor to be paid, when all our present incomes are, as it were, mortgaged to them ? Should they get higher wages, would that make them less poor, if in consequence they worked fewer days of the week proportionably ? I have said a law might be made to raise their wages ; but I doubt much whether it could be executed to any purpose, unless another law, now indeed almost obsolete, could at the same time be revived and enforced ; a law, I mean, that many have often heard and repeated, but few have ever duly considered. Six dai/s s/ialt thou labor. This is as positive a part of tlie commandment, as that which says, the Seventh day thou shult rest ; but w^e remember well to observe the indulgent part, and never think of the other. jnil((fiou, Commerce, S^c. 227 Avhcncver the kind liiuul of Providence should he pleased to grant a superfluity. 44. It never can be presumed that the encouragement by the bounty insures to the community an uninterrupted c(mstant plenty ; yet, when the grower of grain knows he may, by such bounty, have a chance of a foreign market for any excess he may have, more than the usual home consumption, he the more willingly labors and improves his land, upon the presumption of having a vent for his superfluity, by a demand in foreign countries; so that he will not probably be distressed by abundance ; which, strange as it may seem to some, might be the case by his want of sale, and his great charges of gathering in his crop. 45. As there are no public granaries in this kingdom, the legislature could devise no better means than to fix stated prices under which the bounty or encouragement from the public purse should be allowed. \V hcnever the current prices exceeded those stipulated, then such bounty should cease. 46. Few consider, or are affected, but by what is present. They see grain, by reason of scanty crops, dear ; therefore all the doors for gain, to the cultivators of it, must always be kept shut. The common outcry is, that the exporting our wheat furnishes bread to our neighbors cheaper than it can be afforded to our poor at home ; which affects our manufacturers, as they can thereby work cheaper. To this last allegation we must refer to what we have said, section 26 ; though the former, that wheat is, by the bounty, afforded to our neighbours cheaper than to us at home, must in general be without foundation, from the several items of (charge attending the exportation of grain, such as carriage, factorage, commission, porterage, &c. The freight paid to our own shipping, to which alone the bounty is restrained, must, when duly considered, very sufficiently counterbalance the bounty ; so that more than what is given out of the public purse is put into the 67 pockets, 228 Franklin on pockets of individuals for the carriage, &c. : therefore we think we may well presume that, in general, grain ex- ported comes dearer to the foreigner than to the consumer in Great Britain. 47. Nothing can be more evident, we apprehend, than that the superfluity of our grain being exported, is a clear profit to the kingdom, as much as any other produce of our labor, in manufactures, in tin, or any commodities whatsoever. 48. It behoves us, however, indubitably, to have an eye towards hav-ing a sufficiency of grain for food in this country, as we have laid down^ section 26 : and were the legislature to enact, that the justices of the peace, at the Christmas quarter session, should have power to summon all growers of grain, or dealers therein, and upon oath to examine them as to the quantity then remaining ; returns of which quantities should be made to the lords of the treasury, to be laid before parliament ; the legislature Avould, upon such returns, be able to judge whether it would be necessary to enable his majesty, with the advice of his council, to put a stop to any farther exportation at such times as might be thought proper. 49. Or, it is submitted, whether the legislature would not act more consistent with the principle of granting bounties, by repealing the act allowing the present bounty on the several sorts of grain at the now fixed prices, and reduce these prices as follow : — On wheat from forty-eight to thirty-six or thirty-two shillings. On barley from twenty-fciur to eighteen or sixteen a quarter; and so in proportion for any other grain. In short, diminish the present standard prices, under which the bounty is granted, one quarter or one third. 50. In our humble opinion, this last method would be by much the most simple and eligible, as consistent with our grand principle of freedom in trade, which wouhl be 68 cramped Population, Commerce, ^c, 229 cramped if dependent annually on parliamentary deli- beration. 51. The advocates for not lowering the present stipu- lated prices that command the bounties from the public purse may allege, that our ancestors deemed them necessary, on the principle of granting any bounty at all, which we have above hinted, section 43. We do not controvert the wisdom of the principle for granting a bounty ; for it must have been, and ever will be, an encouragement to cultivation; and consequently it would be highly improper wholly to discontinue it ; nevertheless, if it has answered oue great end proposed, which was cultivation and im- provement, and that it is incontrovertible the cultivator has, by the improvements made by the encouragement of the bounty, a living profit at the reduced prices of thirty- two or thirty-six shillings, sixteen or eighteen, Sec. as above, which probably, when our ancestors enacted the law for granting the bounty, they understood the culti- vators could not have ; it seems clear, that there ought to l:»c the proposed change and reduction of the bounty prices, as above mentioned. 5.2. The French, intent on trade, have a few years since rectified a very gross mistake they labored under, in regard to their commerce in grain. One county or pro- vince in France should abound, and the neighboring one, though almost starving, should not be permitted to get trrain from the plentiful province, without particular license from court, which cost no small trouble and ex- pense. In sea-port towns wheat should be imported ; and soon after, without leave of the magistrates, the owner should only have liberty to export one quarter or one third of it. They are now wiser; and through all the kingdom the corn trade is quite free ; and what is more, all sorts of grain may be exported upon French bottoms only, for their encouragement; copying, we presume our law, whenever the market prices for three following days 09 shall 230 Franklin on shall not exceed above forty-five sliilliugs sterling for a quarter of wheat : our reason for mentioning this is only to show that other nations are changing their destructive measures, and that it behoves us to be careful that we pay the greatest attention to our essential interests. In inland high countries, remote from the sea, and whose rivers are small, running from the country, not to it, as is the case of Switzerland, great distress may arise from a course of bad harvests, if public granaries are not provided, and kept well stored. Anciently, too, before navigation was so general, ships so plenty, and commer- cial connexions so well established, even maritime countries might be occasionally distressed by bad crops. But such is now the facility of communication between those coun- tries, that an unrestrained commerce can scarce ever fail of procuring a sufficiency for any of them. If, indeed, any government is so imprudent as to lay its hands on imported corn, forbid its exportation, or compel its sale at limited prices, there the people may suflfer some famine from merchants avoiding their ports. But wherever com- merce is known to be always free, and the merchant absolute master of his commodity, as in Holland, there will always be a reasonable supply. When an exportation of corn takes place, occasioned by a higher price in some foreign country, it is common to raise a clamor, on the supposition that we shall thereby ju'oduce a domestic famine. Then follows a prohibition, founded on the imaginary distress of the poor. The poor, to be sure, if in distress, should be relieved ; but if the farmer could have a high price for his corn, from the foreign demand, must he, by a prohibition of exportation, be compelled to take a low price, not of the poor only, but of every one that eats bread, even the richest ? The duty of relieving the poor is incumbent on the rich ; but, by this operation, the whole burden of it is laid on the farmer, who is to relieve the rich at the same time. Of 70 the Population, Commerce, ^c. 231 the poor, too, those who are maintained by the parishes have no right to claim this sacrifice of the farmer ; as, while they have their allowance, it makes no difference to them whether bread be cheap or dear. Those working poor who now mind business five or four days in the week, if bread should be so dear as to oblige them to work the whole six, required by the commandment, do not seem to be aggrieved so as to have a right to public redress. There will then remain, comparatively, only a few families in every district ; who, from sickness or a great number of children, will be so distressed by a high price of corn, as to need relief ; and these should be taken care of, by parti- cular benefactions, without restraining the farmer's profit. Those who fear that exportation may so far drain the country of corn, as to starve ourselves, fear what never did nor ever can happen. They may as well when they view the tide ebbing towards the sea, fear that all the water will leave the river. The price of corn, like water, will find its own level. The more we export, the dearer it becomes at home. The more is received abroad, the cheaper it becomes there ; and as soon as these prices are equal, the exportation stops of course. As the seasons vary in different countries, the calamity of a bad harvest is never universal. If then all ports were always open, and all commerce free, every maritime country would generally eat bread at the medium price, or average of all the different harvests; which would probably be more equal than we can make it by our artificial regulations, and therefore a more steady encouragement to agriculture. The nations would all have bread at this middle price ; and that nation which at any time inhumanly refuses to relieve the distresses of another nation, deserves no com- passion when in distress itself. We shall here end these reflections, with our most ardent wishes for the prosperity of our country, and our hopes that the doctrine we have endeavored to inculcate 71 as 232 Franklin on as to the necessity of protection and freedom, in order to insure success in trade, will be ever attended to by the legislature in forming their resolutions relating to the commerce of these kingdoms. PREFACE TO THE APPENDIX. The clamor made of the great inconveniences suffered by the community in regard to the coin of this kingdom, prompted me in the beginning of his majesty's reign to give the public some reflections on coin in general ; on gold and silver as merchandize ; and I added my thoughts on paper passing as money. As I trust the principles then laid down are founded in truth, and will serve now as well as then, though made fourteen years ago, to change any calculation would be of little use. Some sections in the foregoing essay of principles of trade, which might in this appendix appear like a repeti- tion, have been omitted. I always resolved not to enter into any particular deduction from laws relating to coin ; or into any minutiae, as to accurate nicety in weights. My intention was, and still is, no more than to endeavor to show, as briefly as possible, that what relates to coin, is not of such a com- plex, abstruse nature as it is generally made ; and that no more than common justice with common sense are required in all regulations concerning it. Perhaps more weighty concerns may have prevented government doing more in regard to coin, than ordering quarter guineas to be made ; which till this reign had not been done. But as I now judge by the late act relating to gold coin, that the legislature is roused, possibly they may consider still more of that, as well as of silver coin. Should these reflections prove of any public utility, my iind will be answered. 72 KEELECTIOXS Pojnilation, Commerce, Sfc. %V.^ REFLECTIONS ON COIN IN GENERAL. 1. Coins are pieces of metal, on which an impression is struck ; which impression is understood by the legisla- ture to ascertain the weight and the intrinsic value, or worth of each piece. 2 The real value of coins depends not on a piece; being called a guinea, a crown, or a shilling; but the true worth of any particular piece of gold or silver, is what such piece contains of fine or pure gold or silver. 3. Silver and copper being mixed with gold, and cop- per with silver, are generally understood to render those metals more durable when circulating in coins; yet air and moisture evidently affect copper, whether by itself or mixed with other metal ; whereas pure gold or silver are much less affected or corroded thereby. 4. The quantity of silver and copper so mixed by way of alloy, is fixed by the legislature. When melted with pure metal, or added or extracted to make a lawful pro- portion, both gold and silver are brought to what is called standard. This alloy of silver and copper is never reckoned of any value. The standard once fixed, should ever be invariable ; since any alteration would be followed by gi'cat confusion and detriment to the state. 5. It is for public convenience, and for facilitating the bartering between mankind for their respective wants, that coins were invented and made; for were there no coins, gold and silver might be made, or left pure ; and what we now call a guinea's worth of any thing, might be cut off from gold, and a crown's worth from silver, and might serve, though not so commodiously as coin. 6. Hence it is evident that in whatever shape, form, or quality, these metals are, they are brought to be the most common measure between man and man, as serving to barter against or exchange for all kinds of commodities ; and consequently arc no more than an universal accepted mcr- 73 chandise ; 234 Franklin on chandise; for gold and silver in bullion, that is to say, in an uncoined mass, and gold or silver in coin, being of equal weight, purity, and fineness, must be of equal value, the one to the other ; for the stamp on either of these metals, duly proportioned, neither adds to, nor takes from their intrinsic value. 7. The prices of gold and silver as merchandise, must in all countries, like other commodities, fluctuate and vary according to the demand ; and no detriment can arise therefrom, more than from the rise and fall of any other merchandise. But if, when coined, a due proportion of these metals the one to the other, be not established, the disproportion will be felt and proved ; and that metal wherein the excess in the proportion is allowed, will pre- ferably be made use of, either in exportation or in manu- facture ; as is the case now, in this kingdom, in regard to silver coin, and which in some measure is the occasion of its scarcity. For so long as 15 ounces and about one-fifth of pure silver in Great Britain are ordained and deemed to be equal to one ounce of pure gold, whilst in neighboring- states, as France and Holland, the proportion is fixed only 14 and a half ounces of pure silver, to one ounce of pm'e gold, it is very evident that our silver, when coined, will always be the most acceptable merchandise, by near five in the hundred, and consequently more liable to be taken away or melted down, than before it received the impres- sion at the mint. 8. Sixty-two shillings only are ordained by law to be coined from 12 ounces of standard silver ; now, following the proportion above mentioned, of 15-1- to '4^, no regard being necessary as to alloy, 65 shillings should be the quantity cut out of those 13 ounces, 9. No everlasting invariable fixation for coining can be made from a medium of the market price of gold and silver, though that medium might with ease be ascertained 74 so Population, Commerce^ '^c. 2t^C) so as to hinder either coined gold or silver from becoming a merchandise ; for whenever the price shall rise above tliat medium, so as to give a profit, whatever is coined will be made a merchandise. This in the nature of things, must come from the general exchangings, circulation, and fluctuation in trade, and cannot be hindered; but assu- redly the false proportions may be amended by the legis- latiu'e, and settled as the proportion between gold and silver is in other nations ; so as not to make, as now is the case, our coined silver a merchandise, so much to be preferred to the same silver uncoined. 10. What has been said seems to be self-evident ; but the following calculations made on the present current price of silver and gold, may serve to prove beyond all doubt, that the proportion now fixed between gold and silver should be altered and fixed as in other countries. By law, 62 shillings are to be coined out of one pound, or 12 ounces of standard silver. This is 62 pence an ounce. Melt these 62 shillings, and in a bar, this pound weight at market will fetch 68 pence an ounce, or 68 shillings the pound. The difference therefore between coined and uncoined silver in Great Britain is now nine and two-thirds per cent. Out of a pound or 12 ounces of standard gold, 44 guineas and a half are ordained to be coined. This is 3/. 175. lO^d. an ounce. Now the current market price of standard gold is 3/. 19*. an ounce, which makes not quite 1^ per cent, difference between the coined and uncoined gold. The state, out of duties imposed, pays for the charge of coining, as indeed it ought; for it is for public con- venience, as already said, that coins are made. It is the current market price of gold and silver that must gover)i the carrying it to the mint. It is absurd to think any one should send gold to be coined tliat should cost more than 3/. 176'. \i)hd. an ounce, or silver more than 62 pence 75 the 236 Franklin on the ounce ; and as absnrd would it be to pretend^ that those prices only shall be the constant invariable prices. It is contended that there is not a proper proportion fixed in the value of one metal to another, and this requires alteration. 11. It may be urged, that should the legislature fix the proportion of silver to gold as in other countries, by ordering 65 shillings instead of 62 to be cut out of a pound of standard silver, yet still there would be 4f per cent, difference between coined and uncoined silver ; whereas there is but about 1^ per cent, difference in gold. On this we shall observe that the course of trade, not to mention extraordinary accidents, will make one metal more in request at one time than another ; and the legis- lature in no one particular country, can bias or prescribe rules or laws to influence such demand ; which ever must depend on the great chain of things, in which all the operations of this world are linked. Freedom and se- curity only are wanted in trade ; nor does coin require more, if a just proportion in the metals be settled. 12. To return to gold : it is matter of surprise, that the division of the piece called a guinea, has not been made smaller than just one half as it now is ; that is, into quarters, thirds, and two-thirds. Hereby the want of silver coin might be greatly provided for ; and those pieces, together with the light silver coin, which can only now remain with us, would sufficiently serve the uses in circulation. In Portugal, where almost all their coin is gold, there are divisions of the moedas, or 27 shilling pieces, into tenths, sixths, quarters, thirds, halves, and two-thirds. Of the moeda and one- third, or 36 shilling piece, into eighths, quarters, and halves. 13. That to the lightness of the silver coin now re- maining in Great Britain we owe all the silver coin we now have, any person with weights and scales may prove ; 76 as Population, Commerce, ^c. 237 as upwards of 70 shillings coined in the reign of king- William, or dexterously counterfeited by false coiners, will scarce weigh 12 ounces, or a pound troy. 14. All the art of man can never hinder a constant exportation and importation of gold and silver, to make up for the different calls and balances that may happen in trade ; for were silver to be coined as above, 65 shillings out of a pound troy weight of standard silver ; if those 65 shillings would sell at a price that makes it worth while to melt or export them, they must and will be considered and used as a merchandise ; and the same will hold as to gold. Though the proportion of about 14^ of pure silver to one of pure gold, in neighboring states be now fixed, in regard to their coin, and it is submitted such proportion sliould be attended to in this kingdom, yet that proportion may be subject to alteration; for this plain reason, that sliould the silver mines produce a quantity of that metal so as to make it greatly abound more in proportion than it noAv does, and the gold mines produce no more than now they do, more silver must be requisite to purchase gold. 15. That the w^elfare of any state depends on its keep- ing all its gold and silver, either in bullion or in coin, is a very narrow principle ; all the republics we know of, wisely think otherwise. It is an utter impossibility ; nor sliould it ever be aimed at; for gold and silver are as clearly a merchandise as lead and tin ; and consequently should liave a perfect freedom and liberty, coined and uncoined, to go and to come, pass and repass, from one country to another, in the general circulation and fluctuation of commerce, which will ever carry a general balance witli it : for we should as soon give our lead, our tin, or any other product of our land or industry, to those who want them, without an equivalent in some shape or other, as we should gold or silver ; which it would be absurd to imagine can ever be done by our nation, or by any nation upon earth. 77 16. From 238 Franklin on 16. From Spain and Portugal come the greatest part of gold and silver : and the Spanish court very wisely permits the exportation of it on paying a duty, as in Great Britain lead and tin do, -when exported ; Avhcreas hereto- fore, and as it still continues in Portugal, penal laws were enacted against the sending it out of the country. Surely l)rinces by enacting such laws, could not think they had it in their power to decree and establish, that their subjects, or themselves, should not give an equivalent for what was furnished to them ! 17. It is not our intention to descend into, or to discuss minutely, particular notions or systems, such as, " That silver, and not gold, should he the standard money or coin." " That copper is an unfit material for money." And " That paper circulating as, and called artificial money, is detrimental" Yet as these doctrines seem to proceed from consider- ing bullion, and money, or coin, in a difierent light from what we apprehend and have laid down, we will observe, 18. That it matters not whether silver or gold be called standard money ; but it seems most rational, that the most scarce and precious metal should be the unit or standard. 19. That as to copper, it is as fit for money or a counter, as gold and silver, provided it be coined of a proper weight and fineness : and just so much will be useful, as will serve to make up small parts in exchanges between man and man. 20. That as to paper money, it is far from being de- trimental ; on the contrary, it is highly profitable, as its quick passing between mankind, instead of telling over, or weighing metal in coin, or bullion, is a gain of what is most precious in life, which is time. And there is nothing clearer than that those who must be concerned in counting and Meighing, being at liberty to employ themselves on other purposes, are an addition of hands in the comrnuuity. 78 The Population, Commerce, ^c. 239 The idea of the too great extension of credit, by the circulation of paper for money, is evidently as erroneous as the doctrine of the non-exportation of gold and silver in bullion or coin : for were it not certain, that paper could command the equivalent of its agreed-for value, or that gold and silver in bullion or coin exported, would be retm-ned in the course of trade in some other merchandise, neither paper would be used or the metals exported. It is by means of the produce of the land, and the happy situation of this island, joined to the industry of its in- habitants, that those much-adored metals, gold and silver, have been procured : and so long as the sea does not overflow the land, and industry continues, so long will those metals not be wanting. And paper in the general chain of credit and commerce, is as useful as they are, since the issuers or coiners of that paper are understood to have some equivalent to answer for what the paper is valued at : and no metal or coin can do more than find its value. Moreover, as incontestable advantages of paper, we must add, that the charge of coining or making it, is by no means proportionate to thai of coining of metals ; nor is it subject to waste by long use, or impaired by adultera- tion, sweating, or filing, as coins may. A Thought concerning the Sugar Islands. Should it be agreed, and become a part of the law ot nations, that the cultivators of the earth are not to be molested or interrupted in their peaceable and useful employment, the. inhabitants of the sugar islands would come under the protection of such a regulation, which would be a great advantage to the nations who at present hold those islands, siuce the cost of sugar to the consumer in those nations consists not only in the price he pays for it by tiie pound, but in the accumulated charge of all the taxes he pays in every war to fit out fleets and maintaiu 7M troops 240 Franklin ^c. tj'oops for the defence of the islands that raise the sugar^ and the ships that bring it home. But the expense of treasure is not all. A celebrated philosophical writer re- marks^ that when he considered the wars made in Africa for prisoners to raise sugar in America, the numbers slain in those wars, the numbers that, being crowded in ships, perish in the transportation, and the numbers that die under the severities of slavery, he could scarce look on a morsel of sugar without conceiving it spotted with liuman blood. If he had considered alsothe blood of one another, which the white natives shed in fighting for those islands, he would have imagined his sugar not as spotted only, but as thoroughly dyed red. On these accounts I am persuaded that the subjects of the Emperor of Ger- many, and the Empress of Russia, Avho have no sugar islands, consume sugar cheaper at \'ienna and Moscow, with all the charge of transporting it, after its arrival in Europe, than the citizens of Loudon and Paris. And I sincerely believe, that if France and England were to decide by throwing dice, which should have the whole of their sugar islands, the loser in the throw would be the gainer. The future expense of defending them would be saved : the sugars would be bought cheaper by all Europe if the inhabitants might make it without interruption ; and whoever imported the sugar, the same revenue might be raised by duties at the custom-house of the nation that consumed it. And on the whole, I conceive it would be better for the nations now possessing sugar colonies, to give up their claim to them, let them govern themselves, and put them under the protection of ^11 the powers of Europe as neutral countries open to the commerce of all, the profit of the present monopolies being by no meaus equivalent to the expense of maintaining them. REFLECTIONS FORMATION AND DISTRIBUTION WEALTH. BT M. TURCOT, COMPTROLLER GENERAL OF THE FINANCES OF FRANCE, In 1774, 1775, and 1776. TRANSLATKD FROM THE FRENCH. THIS ESSAY MAY BE CONSIDERED AS THE GERM OF THE TREATISE ON " THE WEALTH OF NATIONS, WRITTEN BT THE CELEBRATED SMITH." Condorcel's Life of Turgot. LOXDON : PRINTED BY E. SPRAGG, FOR J. GOOD, BOOKSKLLER, NO. 159, NEW BOND STREET; JOHN ANDERSON, NO. 62, HOLBORN HILL; and W. RICHARDSON, ROYAL EXCHANCE. 793 "i^ REFLECTIONS FORMATION AND DISTRIBUTION WEALTH. Ostendent terris hunc tantilm, fata. S.'s. 6. § 1. The impossibility of the existence of Commerce upon the supposition of an equal division of lands, where every man should possess only v^hat is necessar'y for his own support. IF the land was divided among all the inhabitants of a country, so that each of tliem possessed precisely the quantity necessary for his support, and nothing more ; it is evident that all of them being equal, no one would work for another. Neither would any of them possess wherewith to pay another for his labour, for each person having only such a quantity of land as was neces- sary to produce a subsistence, would consume all he should gather, and would not have any thing to give in exchange for the labour of others. §. 2. The above hypothesis neither has existed nor could continue. The diversity of soils and multiplicity of wants, compel an exchange of the j^i'oductions of the earth, against other productions. This hypothesis never can have existed, because the earth has been cultivated before it has been divided ; the 3 cultivation 244 Reflections oti the Formation cultivation itself having been the only motive for a divi- sion, and for that law which secures to every one his property. For the first persons who have employed them- selves in cultivation, have probably worked as much land as their strength would permit, and, consequently, more than was necessary for their own nourishment. If this state could have existed, it could not possibly be durable ; each one gathering from his field only a sub- sistence, and not having wherewith to pay others for their labour, would not be enabled to supply his other wants of lodging, cloathing, &c. &c., except by the labour of his hands, which would be nearly impossible, as every soil does not produce every material. The man whose land was only fit to produce grain, and would neither bring forth cotton or flax, would want linen to cloath him. Another would have ground proper for cotton, which would not yield grain. One would want wood for his fire, and another be destitute of corn to support him. Experience would soon teach every one what species of productions his land was best adapted to, and he would confine himself to the cultivation of it ; in order to procure himself tliose things he stood in need of, by an exchange with his neighbours, who, having on their part acquired the same experience, would have cul- tivated those productions which were best suited to their fields, and would have abandoned the cultivation of any other. §. 3. The productions of the earth require long and difficult preparations, before they are rendered fit to supply the wants of men. The productions which the earth supplies to satisfy the different wants of man, will not, for the most part, admi- nister to those wants, in the state nature afibrds them ; it is necessary they should undergo different operations, 4 and and Distribution of Wealth. 245 and be prepared by art. Wheat must be converted into flour^ then into bread ; hides must be dressed or tanned ; wool and cotton must be spun ; silk must be taken from the cod; hemp and flax must be soaked, peeled, spun, and Avove .into different textures; then cut and sewed together again to make garments, &c. If the same man who cultivates on his own land these different articles, and who raises, them to supply his wants, was obliged to per- form all the intermediate operations himself, it is certain he would succeed very badly. The greater part of these preparations require care, attention, and a long expe- rience; all which are only to be acquired by progressive labour, and that on a great quantity of materials. Let us refer, for example, to the preparation of hides : what labourer can pursue all the particular things neces- sary .to'those operations, which continue several months, sometimes several years? If he is able to do it, can he do it withra/single hide ? What a loss of time, of room, and of materials, which might be employed, either at the same time or successively, to tan a large quantity of skins ! But should he even succeed in tanning a single skin, and wants one pair of shoes, what will he do with the re- mainder? Will he kill an ox to make this pair of shoes? Will he cut down a tree to make a pair of wooden shoes ? We may say the same thing of every other want of every other man, who, if he was reduced to his field, and the labour of his own hands, would waste much time, take much trouble, be very badly equipped in every respect, and would also cultivate his lands verv ill. § 4. The necessity of these preparations, bring on the exchange oj productions for labour. The same motive which has established the exchange of commodity for commodity, between the cultivators of 5 lands 246 Reflect iO)i8 on tha Formation lands of different natures, has also necessarily brought on the exchange of commodities for labour, between the cul- tivators and another portion of society, who shall have preferred the occupation of preparing and completing the productions of the earth, to the cultivation of it. Every one profits by this arrangement, for every one attaching himself to a peculiar species of labour, succeeds much better therein. The husbandman draws from his field the greatest quantity it is able to produce, and procures to himself, with greater facility, all the other objects of his wants, by an exchange of his superflux, than he could have done by his own labour. The shoemaker, by making shoes for the husbandman, secures to himself a portion of the harvest of the latter. Every workman labours for the wants of the workmen of every other trade, who_, on their side, toil also for him. § 5. Pre-eminence of the husbandman iv ho produces, over the artificer who prepares. The husbandman is the first mover in the circulation of labour ; it is he who causes the earth to produce the wages of every artificer. It must, however, be observed that the husbandman, furnishing every one with the most important and the most considerable objects of their consumption (I mean their food, and the materials of almost all manufactures) has the advantage of a greater degree of independence. His labour, among the different species of labour, appro- priated to the different members of society, supports the same pre-eminence and priority, as the procuring of food did among the different works he was obliged, in his soli- tary state, to employ himself in, in order to minister to iiis wants of every kind. This is not a pre-eminence of honour or of dignity, but of physical necessity. The husbandman can, generally speaking, subsist without the labour of other workmen; but no other workmen can 6 labour and Distribution of Wealth. 247 labour, if the husbandman does not provide him where- ^ with to exist. ^ It is this circulation, which, by a reci- procal exchange of wants, renders mankind necessary to each other, and which forms the bond of society : it is therefore the labour of the husbandman which gives the first movement. What his industry causes the earth to produce beyond his personal wants, is the only fund for the wages, which all the other members of society receive in recompence for their toil. The latter, by availing themselves of the produce of this exchange, to purchase in their turn the commodities of the husbandman, only return to him precisely what they have received. There is here a very essential difference between these two y species of labour, on which it is necessary to reflect, and to be well assured of the ground on which they stand, before we trust to the innumerable consequences which flow from them. T § 6. The wages of the workman is limited by the competi- tion among those who work for a subsistence. He only gains a livelihood. The mere workman, who depends only on his hands and his industry, has nothing but such part of his labour as he is able to dispose of to others. He sells it at a cheaper or a dearer price ; but this high or low price does not depend on himself alone; it results from the agree- ment he has made with the person who employs him. The latter pays him as little as he can help, and as he has the choice from among a great number of workmen, he pre- fers the person who works cheapest. The workmen are therefore obliged to lower their price in opposition to each other. :_ In every species of laljour it must, and, in effect, /^ it docs happen, that the wages of the workman is confined merely to what is necessary to procure him a ^>^ subsistence, zi . 7 § 7. The 248 Refiections on the Formation § 7. The husbandman is the only one whose industry produces more than the wages of his labour. He, therefore, is the only source of all Wealth. The situation of tlie husbandman is materially different. The soil, independent of any other man, or of any agree- ment, pays him immediately the price of his toil. Nature does not bargain with him, or compel him to content him- self with what is absolutely necessary. What she grants is neither limited to his wants, nor to a conditional valua- tion of the price of his day's work. It is a physical con- sequence of the fertility of the soil, and of justice, rather than of the difficulty of the means, which he has employed to render the soil fruitful. As soon as the labour of the husbandman produces more than sufficient for his neces- sities, he can, with the excess which nature affords him of pure freewill beyond the wages of his toil, purchase the labour of other members of society. The latter, in selling to him, only procures a livelihood ; but the hus- bandman, besides his subsistence, collects an independent wealth at his disposal, which he has not purchased, but which he can sell. He is, therefore, the only source of all those riches which, by their circulation, animates the labours of society : because he is the only one whose labour produces more than the wages of his toil. § 8. First division of society into two classes, the one productive, or the cultivators, the other stipendiary, or the artificer's. Here then is the whole society divided, by a necessity founded on the nature of things, into two classes, both industrious, one of which, by its labour, produces, or rather draws from the earth, riches continually renewing, 8 which and Distribution of Wealth. 249 which supply the whole society with subsistence, and with materials for all its wants; while the other is employed in giving to the said materials such preparations and forms as render them proper for the use of man, sells his labour to the first, and receives in return a subsistence. The first may be called the productive, the latter the stipendiary class. § 9. In the first ages of society, the p?'op)'ietors could not be distinguished from the cultivators. Hitherto we ha\e not distinguished the husbandman from the proprietor of the land ; and in the first origin they were uot in fact so distinguished. It is by the labour of those who have first cultivated the fields, and who have inclosed them to secure their harvest, that all land has ceased to be common, and that a property in the soil has been established. Until societies have been formed, and until the public strength, or the laws, becoming superior to the force of individuals, have been able to guarantee to every one the tranquil possession of his property, against all invasion from without ; the property in a field could only be secured as it had been acquired, by continuing to cultivate it ; the proprietor could not be assured of having his field cultivated by the help of another ; and that person taking all the trouble, could not easily have com- prehended that the whole harvest did not belong to him. On .the other hand, in this early age, when every indus- . trious man would find as much land as he wauled, he would not be tempted to labour for another. ' .It^ najes- sarily follows, that every proprietor must cultivate his own field or abandon it entirely. § 10. Progress of society ; all lands have an owner. But the land begins to people, and to be cleared more and more. The best lands are in process of time fully •9-- one species of provision was bartered for another, or for labour.^ lu ^ exchanging, it is necessary that each party is convinced of the quality and quantity of every thing exchanged. In I this agreement it is natural that every one should desire ^ r I to receive as much as be can, and to give as little ; and Xy^ ' both being equally masters of what they have to barter, ^J^ ^ A it is in a man's own breast to balance the attachment he Y^ >y'^ ^bas to the thing he gives, with the desire he feels to pos- A- sess that Avhich he is willing to receive, and consequently ' y^^ to fix the quantity of each of the exchanged things.^ If t' -. ^the two persons do not agree, they must relax a little on one side or the other, either by offering more or being \ \t\ content with less. I will suppose that one is want of corn \/ and the other of wine ; and that they agree to exchange \ a bushel of corn for six pints of wine. It is evident that by both of them, one bushel of corn and six pints of wine are looked upon as exactly equivalent, and that in this particular exchange, the price of a bushel of corn is six pints of wine, and the price of six pints of wine is one bushel of corn. But in another exchange between other men, this price will be different, accordingly as one or the other of them shall have a more or less pressing want of one commodity or the other; and a bushel of corn may be exchanged against eight pints of wine, while another bushel shall be bartered for four pints only. Now it is evident, that not one of these three prices can be looked on as the true price of a bushel of corn, rather than the . . others ; to each of the dealers, the wine he has received '; was equivalent to the corn he had given. In a word, so I long as we consider each exchange independent of any 22 otlirr and Distrihatioit of Wealth. 263 other, the vahie of each thing exchanged has no other measure than the wants or desires of one party weighed with those of the other, and is fixed only, by their affreement. § 32. Hoio the current value of the exchange of mer- chandize is established. JSIeautime it happens that many individuals have wine to dispose of to those who possess corn. If one is not willing to give more than four pints for a bushel, the proprietor of the corn will not exchange with him, when he shall know that another will give six or eight pints for the same bushel. If the former is determined to have the corn, he will be obliged to raise his price equal to what is offered by others. The sellers of wine profit on their side by the competition among the sellers of corn. No one resolves to part with his property, before he has com- pared the different offers which are made to him, of the commodity he stands in need of, and then he accepts of the best ofter. The value of the wine and corn is not fixed by the two proprietors with respect to their own wants and reciprocal abilities, but by a general balance of the wants of all the sellers of corn, Avith those of all the sellers of wine. For those who will Avillingly give eiyht pints of wine for a bushel of corn, will give but four when they shall know that a proprietor of corn is willing to give two bushels for eight pints. The medium price be- tween the different offers and the different demands, will become the current price to which all the buyers and sellers will conform in their exchanges ; and it will be true if we say, that six pints of wine will be to every one the equivalent for a bushel of corn, that is, the medium price, until a diminution of supply on one side, or of (k-- mand on the other, causes a variation. 2."3 § S.'J. CoiHiticrcc 264 Reflections on the Formation § 33. Commerce gives to all merchandize a current value with respect to any other merchandize ; from ivhence it follows that all merchandize is the equivalent for a certain quantity of any other merchandize, and may be looked on as a pledge to represent it. Corn is not only exchanged for wine, but also for any object which the proprietors of the corn may stand in need of; as wood, leather, woollen, cotton, &c. it is the same with wine and every other particular species. If a bushel of corn is equivalent to six pints of Avine, and a sheep is equivalent to three bushels of corn, the same sheep will be equivalent to eighteen pints of wine. He who having the corn, wants the wine, may, without inconve- nience, exchange his corn for a sheep, in order afterwards to exchange the sheep for the wine he stands in need of. § 34. Every merchandize may serve as a scale or common measure, by which to compare the value of any other. It follows from hence, that in a country where the commerce is veiy brisk, where there are many productions and much consumption, where there are great supplies and a great demand for all sorts of commodities, every sort will have a current price, having relation to every other species ; that is to say, that a certain quantity of one will be of equal value to a certain quantity of any others. Thus the same quantity of com which is worth eighteen pints of wine, is also the value of a sheep, a piece of leather, or a certain quantity of iron; and all these things have, in the transactions of trade an equal value. To express or make known the value of any particular thing, it is evident, that it is sufficient to announce the quantity of any other known production, which will be looked on as an equivalent for it. Thus, to make known what a piece of leather of a certain size is worth, we may 24 sav /^ and Distribution of Wealth. 265 say indifferently, that it is worth three bushels of corn, or eighteen pints of wine. "We may by the same method express the vahie of a certain quantity of wine, by the number of sheep, or bushels of corn it will bring in trade. We see by this, that every species of commodity that can be an object of commerce, may be measured, as I may say, by each other, that every one may serve as a common measure, or scale of comparison to describe the value of every other species, and in like manner every merchandize becomes in the hands of him w4io possesses it, a means to procure all others — a sort of universal pledge. § 35. Every species of merchandize does not present a scale equally commodious. It is proper to prefer the use of such as are not susceptible of any great alteration in quality, and have a value principally relative to the number and quantity. But although all merchandize has essentially this pro- perty of representing any other, is able to serve as a common measure, to express its value, and to become a universal pledge to procure any of them by way of exchange, yet all cannot be employed with the same degree of facility for these two uses. The more susceptible any merchan- dize is to change its value by an alteration in its quality, the more difficult it is to make it a scale of reference for the value of others. For example, if eighteen pints of wine of Anjou are equivalent in value to a sheep, eighteen pints of Cape wine may be equivalent to eighteen sheep. Thus he who to express the value of a sheep, would say it is worth eighteen pints of wine, would employ an equivocal language, and would not communicate any precise idea, at least until he added some explanation, wliicii would be very inconvenient. "We are, therefore, obliged to choose for a scale of comparison, such commodities as being more commonly in use, and consequently of a value more gcne- "Zo rallv 266 Rejiections on the Formation rally known, are more like each other, and of which con- sequently the value has more relation to the quantity than the quality. § 36. For want of an exact correspondence between the value and the number or quantity, it is supplied by a meaJLVXiluation, which becomes a species of real money. In a country where there are only one race of sheep, we may easily take the value of a fleece or of a sheep by the common method of valuation, and we may say that a barrel of wine, or a piece of stuif, is worth a certain number of fleeces or of sheep. There is in reality some inequality in sheep, but when we want to sell them, we take care to estimate tbat inequality, and to reckon (for example) two lambs for one sheep. When it is necessary to treat of the relative value of other merchandize, we fix the common value of a sheep of middling age and quality, as the symbol of unity. In this view the enunciation of the value of sheep, becomes an agreed language, and this word one sheep, in the language of commerce, signifies only a cer- "Tam value, which, in the mind of him who understands it, carries the idea not only of a sheep, but as a certain quan- tity of every other commodity, which is esteemed equiva- lent thereto, and this expression is more applicable to a fictitious .and abstract value, than to the value of a real sheep ; that if by chance a mortality happens among the sheep, and that to purchase one of them, you must give double the quantity of corn or wine that was formerly given, we shall rather say, that one sheep is worth two ] sheep, than change the expression we have been accus- tomed to for all other valuations. § 37. Example of those mean valuations which become an ideal expression for value. There exists, in the commerce of every nation, many 26 examples and Distrihution of Wealth. 267 examples of fictitious valuatious of merchandize, which are, as we may say, only a conventional language to ex- press their value. Thus the cooks of Paris, and the fish- mongers who furnish great houses, generally sell by the ^iece. A fat pullet is esteemed one piece, a chicken half a piece, more or less, according to the season : and so of the rest. In the negro trade in the American colonies, they sell a_car^o of negroes at the rate of so-jimdijier negro, an^Lidian 2>icce. The women and children are valued, so that, for example, three children, or one woman \ and two children are reckoned as one head of negro. ' They increase or diminish the value on account of the strength or other quality of the slaves, so that certain slaves are reckoned as two heads of negroes. The Mandingo negroes, who carry on a trade for gold dust with the Arabian merchants, bring all their commodities to a fictitious scale, which both parties cal). macutes, so that they tell the merchants they will give so many macutes in gold. They value thus in macutes the merchandize they receive ; and bargain with the mer- chants upon that valuation. Thus in Holland they reckon by bai)Ji^j[lorins, which is onh'^ a fictitious money, and which in commerce is sometimes of a greater, some- times of a less value than the coin which is denomi- nated a florin. § 38. All merchandize is a representative j^ledffe of every object of commerce, but more or less commodious for use, as it po.ssesses a greater or less facility to be transported, and to be preserved without alteration. The variation in the quality of merchandize, and in the different prices in proportion to that quality, which renders them more or less proper than others to serve as a couimon measure, is also more or less an impediment to their being a rc|)resoiitativo pledge of cvo-y other mer- 27 cliandize 268 Reflections on the Formation chandize of equal value. Nevertheless there is also, as to this last property, a very essential difference between the diflFerent species of merchandize. It is (for example) evident, that a man who possesses a piece of linen, is more certain of procuring^ for itj when he pleases, a certain qifaii'tity of corn^ than if he had a barrel of wine of equal value : the wine being subject to a variety of accidents, which may in a moment deprive him of the whole property. § 39. All irmyhandize has tji^^o e&s&fitial properties of money, m^measure and to'represent all value : and in this sense all merchandize is money. These two properties of serving as a cornmon measure of all .value, aud of being a representative pledge of all otjier commodities of equal value, comprehend all that constitute the essence and use of what is called money : and it follows from the details which I have just now given, that all merchandize is^ in some respect, money ; and participates more or less, according to its particular nature, of these two essential properties. All is more or less pro per to serve as a common measure, in proportion as it is more or less in general use, of a more similar quality, and more easy to be divided into aliquot parts. All is more or less applicable for the purpose of a general ^pledge of exchange, in proportion as it is less susceptible of decay or alteration in quantity or quality. § 40. Reciprocally all money is essentially merchandize. We can take only that which has a value for a com- mon measure of value, that which is received in commerce in exchange for other properties; and there is no uni- versal representative pledge of value, but something of equal value. A money of convention is therefore a thing impossible. 28 § 41. Different and Distribution of Wealtli. 269 § 41. Different matters are able to serve and have served for current money. IMany nations have adopted in their language and in their trade, as a common measure of value, different matters more or less precious. There are at this day, some barbarous nations, who make use of a species of little shells, called^ ^cowries. . I remember to have seen when at college, some apric ot stones,eAchanged and passed as a species of money among the scholars, who made use of them at certain games. I have already spoken of a valuation by heads of_cattle; some of these are to be found in the vestiges of the laws of the ancient German nations, who over-ran the Roman empire. The first Romans, or at least the Latins, their ancestors, made use of them also. It is pretended that the first money they struck in brass, represented the value of a sheep, and bore the image of that animal, and that the name of pecunia has obtained from pecus. This conjecture carries with it a great probability. § 42. Metals, and p)articularly gold and silver, are the most proper for that purpose, and why. We are now arrived at the introduction of the pre- cious metals into trade. All metals, as they have been discovered, have been admitted into exchange, on account of their real utility. Their splendor has caused them to be sought for, to serve as ornaments ; their ductility and their solidity have rendered them proper for utensils, more durable and lighter than those of clay. But these sub- stances cannot be brought into commerce without becom- ing almost immediately a universal money. A piece of any metal, of whatever sort, has exactly the same quali- ties as another piece of the same metal provided they are 29 both 270 Refiections on the Formation both equally pure. Now the ease with which we can separate, by different chemical operations, a metal from other metals with which it is incorporated, enables us to bring it to a degree of purity, or, as they call it, to what standard we please ; then the value of metal differs only as to its weight. In expressing, therefore, the value of any merchandize by the weight of metal which may be had in exchange, we shall then have the clearest, the most commodious, and most precise' expression of value; and hence it is impossible but it must be preferred in practice to all other things. Nor are metals less proper than other merchandize for becoming the universal token of all value that can be measured : as they are susceptible of <^ all imaginable divisions, there is not any object of com- merce, great or small, whose value cannot be exactly paid by a certain quantity of metal. To this advantage of accommodating itself to every species of division, they Kj^:-'' join that of being unalterable, and those which are scarce, as gold and silver, have a great value, although of a weight and size little considerable. These two metals are then, of all merchandize, the most easy to ascertain their quality, to divide their quan- tity, and to convey' to all places at the easiest expence. Every one, therefore, who has a superfluity, and who is not at the time in want of another useful commodity, will hasten to exchange it for silver, with which he is more certain, than with any thing else, to procure him- self the commodity he shall wish for at the time he is in want. § 43. Gold and silver are constituted, by the nature of things, money, and universal money, independent of all convention, and of all laws. Here then is gold and silver constituted money, and universal money, and that without any arbitrary agreement 30 among and Distribution of Wealth. 271 among men;, without the intervention of any law, but only by the nature of things. They are not, as many people imagine, sign s of value; they havo ;m intrinsic value in themselves, if they are capable of being the measure and the token of other values. This property they have in common with all other commodities which have a value in commerce. They only diffeiLJii being at the same time more divisible, more unchangeable, and of more easy con- veyance than other merchandize, by which they are more commodiously employed to measure and represent the value of others. § 44. Other metals are only employed for these uses, in a secondary manner. All metals are capable of being employed as money. But those which are tocLCommen. have too little value in. a large bulk to be employed in the current uses of com- merce. Copper, silver, and gold, are the only ones which have been brought into constant use. And even copper, except among people to whom neither mines nor commerce have supplied a sufficient quantity of gold or silver, has never been used but in exchanges of small value. § 4.5. The use of gold and silver, as money, has augmented their value as materials. It is not possible, but the eagerness with which every one has sought to exchange their superfluous commodities for gold and silver, rather than for any other commodity, must have augmented the value of these two materials in commerce. These are only thereby rendered more com- modious for their employment as tokens, or common measure. § 46. Variations in the value of gold and silver, compared with the other objects of commerce, and ivith each other. This va lue is susceptib le of change, and in truth is 31 continuallv 272 Refiectioiis on the Formation continually changing ; so that the same quantity of metal which answered to a certain quantity of such or such a commodity, becomes no longer equal thereto, and it requires a greater or less quantity of silver to represent the same commodity. When it requires more, it is said the commoditj^ is dearer; when it requires less^ that it is become cheaper ; but they may as well say, that the silver is in the first case become cheaper, and in the latter dearer. Silver and gold not only vary in price, compared with all other commodities, but they vary also with each other, in proportion as they are more or less abundant. It is notorious, that we now give in Europe from fourteen to fifteen ounces of silver for one ounce of gold ; and that in former times we gave only ten or eleven ounces. Again, that at present in China, they do not give more than twelve ounces of silver for one ounce of gold, so that there is a very great advantage in carrying silver to China, to exchange for gold, to bring back to Europe. It is visible, that, in process of time, this commerce will make gold more common in Europe, and less common in China, and that the value of these two materials must finally come in both places to the same proportion. A thousand different causes concur, to fix and to change incessantly the comparative value of commodities, either with respect to each other, or with respect to silver. The same causes conspire to fix and vary the comparative value, whether in respect to the value of each commodity in particular, or with respect to tUe totality of the other values Avhicli are actually in commerce. It is not possible to investigate these different causes, or to unfold their effects, without entering into very extensive and very difficult details, which I shall decline in this discussion. 32 § 47. T/it and Distribution of Wealth. 273 § 47. The use of payments in money, has given room for the distinction of seller and buyer. In proportion as mankind became familiarized to the custom of valuing all things in silver, of exchanging all their superfluous commodities for silver, and of not part- ing with that money but for things which are useful or agreeable to them at the moment, they become accus- tomed to consider the exchanges of commerce in a dif- ferent point of new. They have made a distinction of j two persons, the buyer and the seller : the seller is him ^ who gives commodities for money ; and the buyer is him who gives money for commodities. § 48. The use of money has much facilitated the sepa- ration of different labours among the different orders of society. The more money becomes a universal medium, the more every one is enal)led, by devoting himself solely to that species of cultivation and industry, of which he has made choice, to divest himself entirely of every thought for his other wants, and only to think of providing the most money he can, by the sale of his fruits or his labour, being sure with that money to possess all the rest. It is thus, that the use of money has prodigiously hastened the progress of society. § 49. Of the excess of annual produce accumulated to form capitals. As soon as men are found, whose property in land assures them an annual revenue more than sufficient, to satisfy all their wants, among«,them there are some, who, either uneasy re8pect;jng Sie fufure, or, perhaps, only provi- 33 dent, 274 Reflections on the Foy'mation dent, lay by a portion of what they gather every year, either with a view to guard against possible accidents, or to aug- ment their enjoyments. When the commodities they have gathered are difficult to preserve, they ought to procure themselves in exchange, such objects of a more durable nature, and such as will not decrease in their value by time, or those that may be employed in such a manner, as to procure such profits as will make good the decrease with advantage. § 50. Personal property, accumulation of money. This spefiies Q,f possession, resulting from the accumu- lation of annual produce, not consumed, is known by the name of personal property. Household goods, houses, merchandize in store^ utensils of trade, and cattle are under this denomination. It is evident men must have toiled hard to procure themselves as much as they could of this kind of wealth, before they became acquainted with the use of money ; but it is not less evident that, as soon as it was known, that it was the least Hable to alte- ration of all the objects of commerce, and the most easy to preserve without trouble, it would be principally sought after by whoever wished to accumulate. It was not the proprietors of land only who thus accumulated their super- fluity. Although the profits of industry are not, like the revenue of lands, a gift of nature; and the industrious man draws from his labour only the price which is given him by the persons who pay him his wages ; although the latter is as frugal as he can of his salary, and that a com- petition obliges an industrious man to content himself with a less price than he otherwise would do, it is yet certain that these competitions have neither been so numerous or strong in any species of labour, but that a man more expert, more active, and who practises more (Economy tha.n others in his personal expences, has been 34 able and Distribution of Wealth. 275 able, at all times, to gain a little more than sufficient to support him and his family, and reserve his surplus to form a little hoard. § 51. Circulating ivealth is an indispensible 7'equisite for all lucrative works. It_is even necessary, that in every trade the work- men, or those who employ them, possess a certain quantity of circulating wealth, collected before-hand. We here again, are obliged to go back to a retrospect of many things which have been as yet only hinted at, after we have spoken of the division of different professions, and of the different methods by which the proprietors of capitals may render them of value; because, otherwise, we should not be able to explain them properly, without interrupting the connection of our ideas. § 52. Necessity of advances for cultivation. Every species of labour, of cultivation, of industry, or of commerce, require advances. When people cul- tivate the ground, it is necessary tosow. before they can reap ; they must also support themselves until after the harvest. The more cultivation is brought to perfection and enlivened, the more considerable these advances are. Cattle, utensils for farming, buildings to hold the cattle, to store the productions, a number of persons, in propor- tion to the extent of the undertaking, must be paid and subsisted until the harvest. It is only by means of considerable advances, that we obtain rich harvests, and that lands produce a large revenue. In whatever business they engage, the workman must be provided with tools, must have a sufficient quantity of such materials as the object of his labour requires : and he must subsist until the sale of his goods. • 35 § 53. First 276 Reflections on the Formation § 53. First advances furnished by the land although uncultivated. The earth was ever the first and the only source of all riches : it is that which by cultivation produces all revenue; it is that which has aflforded the first fund for advances, anterior to all cultivation. The first cultivator has taken the grain he has sown from such productions as the land had spontaneously produced ; while waiting for the harvest, he has supported himself by hunting, by fishing, or upon wild fruits. His tools have been the branches of trees, procured in the forests, and cut with stones sharpened upon other stones ; the animals wandering in the woods he has taken in the chace, caught them in his traps, or has subdued them unawares. At first he has made use of them for food, afterwards to help him in his labours. These first funds or capital have increased by degrees. Cattle were in early times the most sought after of all circulating property ; and were also the easiest to accu- mulate ; they perish, but they also breed, and this sort of riches is in some respects unperishable. This capital augments by generation alone, and affords an annual pro- duce, either in milk, wool, leather, and other materials, which, with wood taken in the forest, have effected the first foundations for works of industry. § 54. Cattle a circulating wealth, even before the cultiva- tion of the earth. In times when there was yet a large quantity of un- cultivated land, and which did not belong to any indi- vidual, cattle might be maintained without having a pro- perty in land. It is even probable, that mankind have almost every where began to collect flocks and herds, and to live on what they produced, before they employed 36 themselves and Distribution of Wealth. 277 themselves in the more laborious occupation of cultivating the ground. It seems that those nations who first culti- vated the earth, are those -who found in their country such sorts of animals as were the most susceptible of beiug tamed, and that they have by this been drawn from the wandering and restless life of hunters and fishers, to the more tranquil enjoyment of pastoral pursuits. Pastoral life requires a longer residence in the same place, afibrds more leisure, more opportunities to study the difference of lands, to observe the ways of nature in the productions of such plants as serve for the support of cattle. Perhaps it is for this reason, that the Asiatic nations have first cultivated the earth, and that the inha- bitants of America have remained so long in a savage state. § 55. Another species of circulating/ ivealth, and advances necessary for cultivation, slaves. The slaves were another kind of personal property, which at first were procured by violence, and afterwards byway of commerce and exchange. Those that had many, employed them not only in the culture of land, but in various other channels of labour. The facility of accu- mulating, almost without measure, those two sources of riches, and of making use of them abstractedly from the land, caused the land itself to be estimated, and the value compared to moveable riches. § 56. Personal proper txj has an exchangeable value, even for land itself. A man that would have been possessed of a quantity of lands without cattle or slaves, would undoubtedly have made an advantageous bargain, in yielding a part of his 37 land, p 278 Reflections on the Formation land, to a person that would have offered him in exchange, cattle and slaves to cultivate the rest. It is chiefly by this principle that property in land entered likewise into commerce, and had a comparative value with that of all the other goods. If four bushels of corn, the net pro- duce of an acre of land, was worth six sheep, the acre itself that feeds them could have been given for a certain value, greater indeed, but always easy to settle by the same way, as the price of other wares. Namely, at first by debates among the two contractors, next, by the cur- rent price established by the agreement of those who ex- change land for cattle, or the contrary. It is by the scale of this current specie that lands are appraised, when a debtor is prosecuted by his creditor, and is constrained to yield up his property. § 57. Valuation of lands by the proportion of their xevenue, with the sum of personal property , or the value for which they are exchanged : this proportion is called the price of lands. It is evident, that if land, which produces a revenue equivalent to six sheep, can be sold for a certain value, which may always be expressed by a number of sheep equivalent to that value ; this number will bear a fixed proportion with that of six, and will contain it a certain number of times. Thus the price of an estate is nothing else but its revenue multiplied a certain number of times; twenty times if the price is a hundred and twenty sheep ; thirty times if one hundred and eighty sheep. And so the current price of land is reckoned by the proportion of the value of the revenue; and the number of times, that the price of the sale contains that of the revenue, is called so many years purchase of the land. They are sold at the price of twenty, thirty, or forty years purchase, when on 38 purchasing and Distribution of Wealth. 279 purchasing them we pay twenty, thirty, or forty times their revenue. It is also not less evident, that this price must vary according to the number of purchasers, or sellers of land, in the same manner as other goods vary in a ratio to the different proportion between the offer ^ and the demand. § 58. All capital in money, and all amounts of value, are equivalent to land producing a revenue equal to some portion of that capital or value. First employ- ment of capitals. Purchase of lands, (V ^ Let us now go back to the time after the introduction of money. The facility of accumulating it has soon ren- dered it the most desirable part of personal property, and has afforded the means of augmenting, by economy, the quantity of it without limits. Whoever, either by the revenue of his land, or by the salary of his labour or in- dustry, receives every year a higher income than he needs to spend, may lay up.. tha residue and accumulate it : thes&-- accumulated values are what we name a capital. The pusillanimous miser, that keeps his money with the mere view of soothing his imagination against apprehension of distress in the uncertainty of futurity, keeps his money in a hoard. If the dangers he had foreseen should eventually take place, and he in his poverty be reduced to live every year upon the treasure, or a prodigal successor lavish it by degrees, this treasure would soon be exhausted, and the capital totally lost to the possessor. The latter can draw a far greater advantage from it ; for an estate in land of a certain revenue, being but an equivalent of a sum of value equal to the revenue, taken a certain number of times, it follows, that any sum whatsoever of value is equivalent to an estate in land, producing a revenue equal to a fixed proportion of tliat sum. It is perfectly the same ^ whether the amount of this capital consists in a mass of 39 metal. 280 Reflections on the Formation metalj or any other matter, since money represents all kinds of value, as well as all kinds of value represent money. By these means the possessor of a capital may at first employ it in the purchase of lands ; but he is not without other resources. § 59. Another employment for money in advances for /^\ enterprises of manufacture or industry. I have already observed, that all kinds of labour, either of cultivation or industry, required advances. And I have shewn how the earth, by the fruits and herbages it spontaneously produces for the nourishment of men and animals, and by the trees, of which man has first formed his utensils, had furnished the first advances for cultiva- tion ; and even of the first manual works a man can per- form for his own service. For instance, it is the earth that pro^ddes the stone, clay, and wood, of which the first houses were built ; and, before the division of professions, when the same man that cultivated the earth provided also for his other wants by his own labour, there was no need of other advances. But when a great part of society began to have no resource but in their hands, it was ne- cessar}' that those who lived thus upon salaries, should have somewhat before hand, that they might either pro- cure themselves the materials on which they laboured, or subsist during the time they were waiting for their salary. § 60. Explanation of the use of the advances of capitals in enterprises of industry ; on their returns and the profits they ought to produce. In early times, he that employed labouring people under him, furnished the materials himself, and paid from day to day the salaries of the workmen. It Mas tlie cul- iO tivator and Distribution of Wealth. 281 tivator or the owner himself that gave to the spiuucr the hemp he had gathered^ and he maintained her during the time of her working. Thence he passed the yarn to a weaver, to whom he gave every day the sahiry agreed upon. But those slight daily advances can only take place in the coarsest works. A vast number of arts, and even of those arts indispensable for the use of the most indigent mem- bers of society, require that the same materials should pass through many different hands, and undergo, during a considerable space of time, difficult and various opera- tions. I have ah-eady mentioned the preparation of leather, of which shoes are made. Whoever has seen the workhouse of a tanner, cannot help feeling the absolute impossibility of one, or even several indigent persons pro- viding themselves with leather, lime, tan, utensils, &c. and causing the requisite buildings to be erected to put the tan house to work, and of their living during a certain space of time, till their leather can be sold. In this art, and many others, must not those that work on it have learned the craft before they presume to touch the materials, lest they should waste them in their first trials ? Here then is another absolute necessity of advances. Who shall now collect the materials for the manufactory, the ingredients, the requisite utensils for their preparation ? Who is to construct canals, markets, and buildings of every denomi- nation ? How shall that multitude of workmen subsist till the time of their leather being sold, and of whom none individually would be able to prepare a single skin ; and where the emolument of the sale of a single skin could not afford subsistence to any one of them ? Who shall defray the expences for the instruction of the pupils and apprentices'^ Who shall maintain them until they are sufficiently instructed, guiding them gradually from an easy labour proportionate to their age, to works that de- mand more vigour and ability? It must then be one of those proprietors of capitals, or moveable accumulated 41 property 282 Reflections on the Formation property that must employ them, supplying them with advances in part for the construction and purchase of ma- terials, and partly for the daily salaries of the workmen that are preparing them. It is he that must expect the sale of the leather, which is to return him not only his advances, but also an emolument sufficient to indemnify him for what his money would have procured him, had he turned it to the acquisition of lands, and moreover of the salary due to his troubles and care, to his risque, and even to his skill ; for surely, upon equal profits, he would have preferred living without solicitude, on the revenue of land, which he could have purchased with the same capi- tal. In proportion as this capital returns to him by the sale of his works, he employs it in new purchases for sup- porting his family and maintaining his manufactory ; by this continual circulation, he lives on his profits, and lays by in store what he can spare to increase his stock, and to advance his enterprize by augmenting the mass of his capital, in order proportionably to augment his profits. § 61. Subdivision of the industrious stipendiary class, in undertaking capitalists and simple workmen. Thus the whole class'employed in supplying the differ- ent wants of society, with an immense variety of works of industry, is, if I may speak thus, subdivided into two classes. The one, of the undertakers, manufacturers and masters, all proprietors of large capitals, which they avail themselves of, by furnishing work to the other class, composed of artificers, destitute of any property but their hands, who advance only their daily labour, and receive no profits but their salaries. 42 § 62. Another and Distribution of Wealth. 283 § 62. Another employment of capitals, in advances to- wards undertakings^of agriculture. Observations on the use, and indispensable profits of capitals in undertakings of agriculture. In speaking first of the placing of capitals in manu- facturing enterprizes, I had in view to adduce a more striking example, of the necessity and effect of large advances, and of the course of their circulation. But I have reversed the natural order, which seemed to require that I should rather begin to speak of enterprizes of agri- culture, which also can neither be performed, nor ex- tended, nor afford any profit, but by means of consider- able advances. It is the proprietors of great capitals, who, in order to make them productive in undertakings of agriculture^ take leases of lands, and pay to the owners large rents, taking on themselves the whole burthen of advances. Their case must necessarily be the same as that of the undertakers of manufactures. Like them, they are obliged to make the first advances towards the under- taking, to provide themselves with cattle, horses, utensils of husbandry, to purchase the first seeds ; like them they must maintain and nourish their carters, reapers, threshers, servants, and labourers, of every denomination, who sub- sist only by their hands, who advance only their labour, and reap only their salaries. Like them, they ought to have not only their capital, I mean, all their prior and annual advances returned, but, 1st, a profit equal to the revenue they could have acquired with their capital, ex- clusive of any fatigue ; 2ndly. The salary, and the price of their own trouble, of their risk, and their industry ; 3rdly. An emolument to enable them to replace the efiects employed in their enterprise, and the loss by waste, cattle dying, and utensils wearing out, &c., all which ought to be first charged on the products of the earth. The ovcr- 43 pluo 284 Reflections on the Formation plus will serve the cultivator to pay to the proprietor, for the permission he has given him to make use of his field in the accomplishing of his enterprize ; that is, the price of the leasehold, the rent of the proprietor and the clear product : for all that the land produces, until reimburse- ment of the advances, and profits of every kind to him that has made these advances, cannot be looked upon as a revenue, but only as a reimbursement of the expences of the cultivation, since if the cultivator could not obtain them, he would be loath to risk his wealth and trouble in cultivating the field of another. § 63. The competition between the capitalists, undertakers of cultivation, fixes the current price of leases of lands. The competition between rich undertakers of cultiva- tion fixes the current price of leases, in proportion to the fertility of the soil, and of the rate at which its produc- tions are sold, always according to the calculation which farmers make both of their expenditures, and of the pro- tits they ought to draw ft-om their advances. They cannot give to the owners more than the overplus. But when the competition among them happens to be more ani- mated, they sometimes render him the whole overplus, the proprietor leasing his land to him that ofi"ers the greatest rent. § 64. The default of capitalists, undertakers, limits the cultivation of lands to a small extent. When, on the contrary, there are no rich men that possess capitals large enough to embark in enterprizes of agriculture ; when, through the low rate of the produc- tions of the earth, or any other cause, the crops are not sufiicient to ensure to the undertakers, besides the reim- bursement of their capital, emoluments adequate at least 44 to and Distrihutio)i of Wealth. 285 to those they would derive from their money, by employ- ing it in some other channel ; there are no farmers that offer to lease lands, the proprietors are constrained to hire mercenaries or metayers, which are equally unable to make any advances, or duly to cultivate it. The pro- prietor himself makes moderate advances, which only produce him an indifferent revenue : If the land happens to belong to an owner, poor, negligent, and in debt, to a widow, or a minor, it remains unmanured; such is the principle of the difference I have observed between pro- vinces, where the lands are cultivated by opulent farmers, as in Normandy and the Isle de France, and those where they are cultivated only by indigent mercenaries, as in Limousin, Augoumois, Bourbonnois, and several others. § 65. Subdivision of the class of cultivators into under- takers, or farmei's, and hired persons, servants, and day-labourers. Hence it follows, that the class of cultivators may be di^nded, like that of manufacturers, into two branches, the one of undertakers or capitalists, who make the ad- vances, the other of simple stipendiary workmen. It results also, that capitals alone can form and support great enterprizes of agriculture, that give to the lands an unvariable value, if I may use the expression, and that secure to the proprietors a revenue always equal, and the largest possible. § 66. Fourth employment of capitals, in advances for entejprizes of comniei'ce. Necessity of the interposition of merchants, properly so called, between the producers of the commodities and the consumers. The undertakers cither in cultivation or manufacture, draw their advances and profits only from the sale of the 45 fruits 286 Reflections on the Formation fruits of the earth, or the commodities fabricated. It is always the wants and the ability of the consumer that sets the price on the sale; but the consumer does not want the produce prepared or fitted up at the moment of the crop, or the perfection of the work. However, the under- takers want their stocks immediately and regularly reim- bursed, to embark in fresh enterprizes : the manuring and the seed ought to succeed the crops without interruption. The workmen of a manufacture are unceasingly to be employed in beginning other works, in proportion as the first are distributed, and to replace the materials in propor- tion as they are consumed. It would not be advisable to stop short in an enterprize once put in execution, nor is it to be presumed that it can be begun again at any time. It is then the strictest interest of the undertaker, to have his capital quickly reimbursed by the sale of his crop or commodities. On the other hand, it is the consumer's interest to find, when and where he wishes it, the things he stands in need of; it would be extremely inconvenient for him to be necessitated to make, at the time of the crop, his provision for the whole course of a year. Among the objects of usual consumption, there are many that require long and expensive labours, labours that cannot be undertaken with profit, except on a large quantity of materials, and on such as the consumption of a small number of inhabitants of a limited district, may not be sufficient for even the sale of the work of a single manu- factory. Undertakings of this kind must then necessarily be in a reduced number, at a considerable distance from each other, and consequently very distant from the habi- tations of the greater number of consumers. There is no man, not oppressed under the extremest misery, that is not in a situation to consume several things, which are neither gathered nor fabricated, except in places con- siderably distant from him, and not less distant from each other. A person that could not procure himself the ob- 46 jects and Distribution of Wealth. 287 jects of his consumption but in buying it directly from the hand of him that gathers or works it, would be cither unprovided with many commodities, or pass his life in wandering after them. This double interest which the person producing and the consumer have, the former to find a purchaser, the other to find where to purchase, and yet not to waste useful time in expecting a purchaser, or in finding a seller, has given the idea to a third person to stand between the one and the other. And it is the object of the mercantile profession, who purchase goods from the hands of the person who produces them, to store them in warehouses, whither the consumer comes to make his purchase. By these means the undertaker, assured of the sale and the re-acquisition of his funds, looks undisturbed and inde- fatigably out for new productions, and the consumer finds within his reach and at once, the objects of which he is in want. § 67. Different orders of merchants. They all have this in common, that they purchase to sell ayain ; and that their traffic is supported by advances which are to revert with a profit, to be engaged in new enterprizes. From the green-woman who exposes her ware in a market, to the merchants of Nantz or Cadiz, who traffic even to India and America, the profession of a trader, or what is properly called commerce, divides into an infinity of branches, and it may be said of degrees. One trader confines himself to provide one or several species of com- modities which he sells in his shop to those who chuse ; another goes with certain commodities to a place where they are in demand, to bring from thence in exchange, such things as are produced there, and are wanted in the place from whence he departed : one makes his exchanges in his own neighbourhood, and by himself, another by ^ y I / 288 Reflections on the Formation means of correspondents, and by the interposition of car- riers, whom he pays, employs, and sends from one province to another, from one kingdom to another, from Europe to Asia, and from Asia back to Europe. One sells his merchandize by retail to those who use them, another only sells in large parcels at a time, to other traders who retail them out to the consumers : but all have this in common that they buy to sell again, and that their first purchases are advances which are returned to them only in course of time. They ought to be returned to them, like those of the cultivators and manufacturers, not only within a certain time, to be employed again in new pur- chases, but also, 1. with an equal revenue to what they could acquire with their capital without any labour ; 2. with the value of their labour, of their risk, and of their industry. Without being assured of this return, and of these indispensable profits, no trader would enter into business, nor could any one possibly continue therein : tis in this view he governs himself in his purchases, on a calculation he makes of the quantity and the price of the things, which he can hope to dispose of in a certain time : the retailer learns from experience, by the success of limited trials made with precaution, what is nearly the wants of those consumers who deal with him. The mer- chant learns from his correspondents, of the plenty or scarcity, and of the \\x\ce of merchandize in those difierent countries to which his commerce extends ; he directs his speculations accordingly, he sends his goods from the country where they bear a low price to those where they are sold dearer, including the expence of transportation in the calculation of the advances he ought to be reimbursed. Since trade is necessary, and it is impossible to undertake any commerce without advances proportionable to its ex- tent ; we here see another method of employing personal property, a new use that the possessor of a parcel of com- modities reserved and accumulated, of a sum of money, 48 in and Distribution of Wealth. 289 in a word, of a capital, may make of it to procure him- self subsistence^ and to augment, his riches. § 08. The time idea of the circulation of money. We see by what has been just now said, how the cul- tivation of lauds, manufactures of all kinds, and all the branches of trade, depend on a mass of capital, or the ac- cumulation of personal property, which, having been at first advanced by the undertakers, in each of these dif- ferent branches, ought to return to them again ever}'^ year with a regular profit ; that is, the capital to be again in- vested, and advanced in the continuation of the same en- terprizes, and the profits employed for the greater or less subsistence of the undertakers. It is this continued ad- vance and return which constitutes what ought to be calTiecrfB^ circulation of money : this useful and fruitful cTixiulation, which animates all the labour of society, whrdi supports all the motion, and is the life of the body politic, and which is with great reason compared | to the circulation of the blood in the human body. For, '. PK*^ if i)y any disorder in the course of the expenses of the | difi'erent orders of society, the undertakers cease to draw back their advances with such profit as they have a right to expect ; it is evident they will be obliged to reduce their undertakings; that the total of the labour, of the consumption of the fruits of the earth, of the productions and of the revenue would be equally diminished ; that poverty will succeed to riches, and that the common workman, ceasing to find employ, will fall into the deepest misery. § 69. All 290 Reflections on the Formation § 69. All extensive undertakings, particularly those of manufactures and of commerce, must indispensibly have been very confined, before the introduction of yokl and silver in trade. It is almost unnecessary to remark, that undertakings of all kinds, but especially those of manufactures, and above all those of commerce, must, unavoidably be very confined, before the introduction of gold and silver in trade ; since it was almost impossible to accumulate con- siderable capitals, and yet more difficult, to multiply and divide payments so much as is necessary, to facilitate and increase the exchanges to that extent, which a spirited commerce and circulation require. The cultivation of the land only may support itself to a certain degree, be- cause the cattle are the principal cause of the advances required therein, and it is very probable, there is then no other adventurer in cultivation but the proprietor. As to arts of all kinds, they must necessarily have been in the greatest languor before the introduction of money; they were confined to the coarsest works, for which the proprietors supported the advances, by nourishing the workmen, and furnishing them with materials, or they caused them to be made in their own houses by their servants. § 70. Capitals being as necessary to all undertakings as labour and industry, the industrious man shares volun- tarily the profit of his enterprize with the owner of the capital who furnishes him the funds he is in need of Since capitals are the indispensable foundation of all lucrative enterprizes; since with money we can furnish means for culture, establish manufactures, and raise a commerce, the profits of which being accumulated and 50 frugally and Di.stn'bution of Wealth. 291 frugally laid up, will become a new capital : since, in a word, money is the principal means to beget money ; tliose Avho with industry and the love of labour are destitute of capital, and have not sufficient for the undertaking they wish to embark in, have no difficulty in resolving to give up to the proprietors of such capital or money, who are willing to trust them, a portion of the profits which they are in expectation of gaining, over and above their advances. fp\ § 71 . Fifth employment of capitals, lending on interest ; nature of a loan. The possessors of money balance the risk their capi- tal may run, if the enterprise does not succeed, with the advantage of enjoying a constant profit without toil ; and regulate themselves thereby, to require more or less profit or interest for their money, or to consent to lend it for such an interest as the borrower offers. Here another opportunity opens to the possessor of money, viz. lending on interest, or the commerce of money. Let no one mis- take me here, lending on interest is only a trade, in which the lender is a man who sells the use of his money, and the borrower one who buys; precisely the same as the proprietor of an estate, or the person who farms it, buys and sells respectively the use of the hired land. The Latin term for a loan of money or interest, expresses nt exactly, usura pecunia, a word which adopted into the French language is become odious, by a consequence of false ideas being adopted on the interest of money. § 72. False ideas on lending upon interest. The rate of interest is by no means founded, as may be imagined, on the profit the borrower liopes to make, with the capital of which he purchases the use. This rate 51 like 292 Reflectious on fhe Formation like the price of all other merchandize, is fixed by the circumstances of buyer and seller ; by the proportion of the sura offered with the demand. People borrow with every kind of view, and with every sort of motive. One borrows to undertake an enterprize that is to make his fortune, another to buy an estate, another to pay his losses at play, another to supply the loss of his revenue, of which some accident has deprived him, another to exist on, in expectation of what he is able to gain by his labour ; but all these motives which determine the bor- rower, are very indifferent to the lender. He attends to two things only, the interest he is to receive, and the safety of his capital. He never attends to the use the borrower puts it to, as a merchant does not care to what use the buyer applies the commodities he sells him. § 73. Errors of the schoolmen refuted. It IS for want of having examined the lending of money on interest in its true point of view, that moralists, more rigid than enlightened, would endeavour to make us look on it as a crime. Scholastic theologists have con- cluded, that as money itself was not prolific, it was unjust to require a premium for the loan of it. Full of these prejudices they have fancied their doctrine was sanctioned by this passage in the Gospel, mutuum date nihil hide sperantes : Those theologians who have adopted more reasonable principles on the subject of interest of money, have been branded with the harshest reproaches from those who adopt the other side of the question. Nevertheless, there are but few reflections necessary to expose the trifling reasons that are adduced to condemn the taking of interest. A loan of money is a reciprocal contract, free between both parties, and entered into only by reason of its being mutually advantageous. It is evi- 52 dent. and Distribution of Wealth. 2.93 dont, if the lender finds an advantage in receiving an interest for his money, the borrower is not less interested in finding that money he stands in need of, since otherwise he would not borrow and submit himself to the payment of interest. Now on this principle, can any one look on such an advantageous contract as a crime, in which both pai'ties are content, and which certainly does no injury to any other person ? Let them say the lender takes advantage of the wants of the borrower, to force the pay- ment of interest, this is talking as absurd as if we were to say, that a baker who demands money for the bread he sells, takes advantage of his customer's wants. If in this latter case, the money is an equivalent for the bread the buyer receives, the money which the borrower receives to day, is equally an equivalent for the capital and interest he agrees to pay at the expiration of a certain time ; for in fact, it isjan advantage to the borrower, to have, during that interval, the use of the money he stands in need of, and it is a disadvantage to the lender to be deprived of it. L t^ iW^**" This disadvantage may be estimated, and it is estimated, /'.Jm-^*- the i nterest is^ the rate. This rate ought to be larger, if ^ A*^*- the lender r uns a risk of losing his capital by the borrower becoming insolvent. The bargain therefore is perfectly equal on both sides and consequently, fair and honest. Money considered as a physical substance, as a mass of metal, does not produce any thing ; but money made use ^ of in advances in cultivation, in manufacture, in com- merce, produces a certain profit ; with money we can • ' , acquire land, and thereby procure a revenue : the person therefore who lends his money, does not only give up the unfruitful possession of such money, but deprives liimseL of the profit which it was in his power to procure by it, and the interest which indemnifies him from this loss can- not be looked npon as unjust. The schoolmen, compelled to acknowledge the justice of these considerations, have ) ' allowed that interest for money may be taken, provided %k\ y^ the 294 Reflections on tJiP. Formation the capital is alienated, that is, provided tlie lender gave up his right to be reimbursed his money in a certain time, and permitted the borrower to retain it as long as he was inclined to pay the interest thereof only. The reason of this toleration was, that then it is no longer a loan of money for which an interest is paid, but a purchase, which is bought with a sum of money, as we purchase lands. This was a mode to which they had recourse, to comply with the absolute necessity which exists of borrowing money, in the course of the transactions of society, with- out fairly avowing the fallacy of those principles, upon which they had condemned the practice : but this clause for the alienation of the capital, is not an advantage to the borrower, who remains equally indebted to the lender, until he shall have repaid the capital, and whose property always remains as a security for the safety of such capital ; — it is even a disadvantage, as he finds it more difficult to borrow money when he is in want of it ; for persons who would willingly consent to lend for a year or two, a sum of money which they had destined for the purchase of an estate, would not lend it for an uncertain time. Besides, if they are permitted to sell their money for a perpetual rent, why may they not lend it for a certain number of years, for a rent which is only to continue for that term ? If an interest of 1000 li\Tes pe?- annum is equivalent to the sum of 20000 livres from him to keep such a sum in perpetuity, 1000 livres will be an equivalent for the pos- session of that sum for one year. § 74. True foundation of interest of money. A man then may lend his money as lawfully as he may sell it; and the possessor of money may either do one or the other, not only because money is equivalent to a revenue, and a means to procure a revenue : not only because the lender loses, during the continuance of the 54 loan; and Distribution of Wealth. 295 loan, the revenue he might have procured by it ; not only because he risks his capital ; not only because the bor- rower can employ it in advantageous acquisitions, or in undertakings from whence he Avill draw a large profit : the proprietor of money may lawfully receive the interest of it, by a more general and decisive principle. Even if none of these circumstances should take place, he will not have the less right to require an interest for his loan, for this reason only, that his money is his own. Since it is his own, he has a right to keep it, nothing can imply a duty in him to lend it ; if then he does lend, he may annex such a condition to the loan as he chuses, in this he does no injury to the borrov.-er, since the latter agrees to the conditions, and has no sort of right over the sum lent. The profit which money can procure the borrower, is doubtless one of the most prevailing motives to deter- mine him to borrow on interest ; it is one of the means which facilitates his payment of the interest, but this is by no means that which gives a right to the lender to require it ; it is sufficient for him that his money is his own, and this is a right inseparable from property. He who buys bread, does it for his support, but the right the baker has to exact a price is totally independent of the use of bread ; the same right he would possess in the sale of a parcel of stones, a right founded on this principle only, that the bread is his own, and no one has any right to oblige him to give it up for nothing. § 75. Answer to an objection. This reflection brings us to the consideration of the application made by an author, of the text, niutuum date nihil inde sperantes, and shews how false that application is, and how distant from the meaning of the Gospel. The passage is clear, as interpreted by modern and rea- sonable divines as a precept of charity. All mankind are 55 bound 296 Reflections on the Formation bound to assist each other ; a rich man who should see his fellow creature in distress, and who, instead of gra- tuitously assisting, should sell him what he needed, would be equally deficient in the duties of Christianity and of humanity. In such circumstances, charity does not only require us to lend without interest, she orders us to lend, and even to give if necessary. To convert the precept of charity into a precept of strict justice, is equally repug- nant to reason, and the sense of the text. Those whom I here attack do not pretend that it is a duty of justice to lend their money ; they must be obliged then to confess, that the first words of the passage, mutumn date, contain only a precept of charity. Now I demand why they extend the latter part of this passage to a principle of justice. What, is the duty of lending not a strict precept, and shall its accessory only, the condition of the loan, be made one ; it would have been said to man, '' It is free for you to lend or not to lend, but if you do lend, take care you do not require any interest for your money, and even when a merchant shall require a loan of you for an undertaking, in which he hopes to make a large profit, it will be a crime in you to accept the interest he ofi'ers you ; you must absolutely either lend to him gratuitously, or not lend to him all ? You have indeed one method to make the receipt of interest lawful, it is to lend your capital for an indefinite term, and to give up all right to be repaid it, which is to be optional to your debtor, when he pleases, or when he can. If you find any inconve- nience on the score of security, or if you foresee you shall want your money in a certain number of years, you have no other course to take but not to lend : It is better for you to deprive this merchant of this most fortunate op- portunity, than to commit a sin by assisting him." This is what they must have seen in these five words, mutuum date nihil hide sjjerantes, when they have read them under these false prejudices. 56 Everv and Distribution of Wealth. 297 Every man who shall read this text unprejudiced, will soon find its real meaning ; that is, " as men, as Chris- tians, you are all brothers, all friends ; act towards each other as brethren and friends ; help each other in your necessities; let your purses be reciprocally open to each other, and do not sell that assistance which you are mu- tually indebted to each other, in requiring- an interest for a loan which charity requires of you as a duty." This is the true sense of the passage in question The obligation to lend without interest, and to lend, have evident relation to each other ; they are of the same order, and botlj) in- culcate a duty of charity, and not a precept of rigorous justice, applicable to all cases of lending. § 7Q. The rate of interest ought to he fixed, as the price of every other merchandize, by the course of trade alone. I have already said, that the price of money borrowed, is regulated like the price of all other merchandize, by the proportion of the money at market with the demand for it : thus, when there are many borrowers who are in want of money, the interest of money rises; when there are many possessors who are ready to lend, it falls. It is therefore an error to believe that the interest of monc}' in trade ought to be fixed by the laws of princes. It has a current price fixed like that of all other mer- chandize. This price varies a little, according to the greater or less security which the lender has ; but on equal security, he ought to raise and fall his price in pro- portion to the abundance of the demand, and the law no more ought to fix the interest of money than it ought to regulate the price of any other merchandizes which have a currency iu trade. 57 5 77. Mo VI cy :.^ 298 Reflections on the Fonnation § 77. Money has in commerce two different valuations. One expresses the quantity of money or silver we give to procure different sorts of commodities; the other expresses the relation a sum of money has, to the in- terest it will procure in the course of trade. It seems by this explanation of the manner in which money is either sold or lent for an annual interest, that tliere are two ways of valuing money in commerce. In buying and selling a certain weight of silver represents a certain quantity of labour, or of merchandize of every species ; for example, one ounce of silver is equal to a certain quantity of corn, or to the labour of a man for a certain number of days. In lending, and in the com- merce of money, a capital is the equivalent of an equal rent, to a determinate portion of that capital ; and recipro- cally an annual rent represents a capital equal to the amount of that rent repeated a certain number of times, according as interest is at a higher or lower rate. § 78. These two valuations are independent of each other, and are governed by quite different principles. These two diiferent methods of fixing a value, have much less connection, and depeiid much less on each other than we should be tempted to believe at first sight. Money may be very common in ordinary commerce, may hold a very low value, answer to a very small quantity of commodities, and the interest of money may at the same time be very high. I will suppose there are one million ounces of silver in actual circulation in commerce, and that an ounce of silver is given in the market for a bushel of corn. I will suppose that there is brought into the country in some 58 manner and Didrihution of Wealth. 299 manner or other, another million of ounces of silver, and this augmentation is distributed to every one in the same proportion as the first million, so that he who had before two ounces, has now four. The silver considered as a quantity of metal, will certainly diminish in price, or which is the same thing, commodities will be purchased dearer, and it becomes necessary, in order to procure the same measure of corn vrhicli he had before with one ounce of silver, to give more silver, perhaps two ounces instead of ouc. But it does not by any means follow from thence, that the interest of monej' falls, if all this money is car- ried to market, and employed in the current expences of those who possess it, as it is supposed the first million of ounces of silver was; for the interest of money falls only when there is a greater quantity of money to be lent, in proportion to the wants of the borrowers, than there was before. Now the silver which is carried to market is not to be lent; it is money which is hoarded up, which forms the accumulated capital for lending ; and the aug- mentation of the money in the market, or the diminution of its price in comparison with commodities in the ordi- nary course of trade, are very far from causing infallibly, or by a necessary consequence, a decrease of the interest of money; on the contrary, it may happen that the cause which augments the quantity of money in the market, and which consequently increases the price of other com- modities by lowering the value of silver, is precisely the same cause which augments the hire of money, or the rate of interest. In effect, I will suppose for a moment, that all the rich people in a country, instead of saving from their revenue, or from their annual profits, shall expend the Avhole ; that, not satisfied with expending their whole revenue, they dissipate a part of their capital ; that a man who has 100,000 livres in money, instead of employing them in a profitable manner, or lending them, consumes 59 them 300 Reflections on the Formation them by degrees in foolish expences ; it is apparent that on one side there will be more silver employed in com- mon circulation, to satisfy the wants and humours of each individual, and that consequently its value will be lowered; on the other hand there will certainly be less money to be lent ; and as many people will in this situation of things ruin themselves, there will clearly be more borro\^ers. The interest of money will consequently augment, while the money itself wil) become more plenty in- circulation, and the value of it will fall, precisely by the same cause. We shall no longer be surprised at this apparent in- consistency, if we consider that the money brought into the market for the purchase of corn, is that which is daily circulated to procure the necessaries of life; but that which is offered to be lent on interest, is what is actually drawn out of that circulation to be laid by and accumu- lated into a capital. § 79. In comparing the value of money ivith that of commodities, ive consider silver as a metal, which is an object of commerce. In estimating the interest of money, \ we attend to the use of it during a determinate time. In the market a measure of corn is purchased witli a certain weight of silver, or a quantity of silver is bought with a certain commodity, it is this quantity which is valued and compared with the value of otl^er commodi- ties. In a loan upon interest, the ol)ject of the valuation is the use of a certain quantity of property during a cer- tain time. It is in this case no longer a mass of silver, compared with a quantity of corn, but it is a portion of effects compared with a certain portion of the same, which is become the customary price of that mass for a certain time. Let twenty thousand ounces of silver be an equi- valent in the market for twenty thousand measures of corn, or only for ten thousaud, the use of those twenty thou.-^and 00 ounces and Disti'ibation of Wealth. 301 ounces of silver for a year is not worth less on a loan than the twentieth part of the principal sura^ or one thousand ounces of silver^ if interest is at five per cent. § 80. The price of interest depends immediately on the proportion of the demand of the borrowers, ivith the offer of the lenders, and this proportion depends principally OH the quantity of personal property , accumulated by an V excess of revenue and of the annual produce to form capitals, whether these capitals exist in money or in any other kind of effects having a value in commerce. The price of silver in circulation has no influence but with respect to the quantity of this metal employed in common circulation; but the rate of interest is governed by the quantity of property accumulated and laid by to form a capitalr It is indifferent whether this property is in metal or other eft'ects, provided these effects, are easily convertible into money. It is far from being the case, that tlie mass of metal existing in a state, is as large as tlie amount of the property lent on interest in the course of a year; but all the capitals in furniture, mer- chandize, tools, and cattle, supply the place of silver and represent it. A paper signed by a man, who is known to be worth 100,000 livres, and who promises to pay 100 marks in a certain time is worth that sum ; the whole property of the man who has signed this note is answer- a])le fur the payment of it, in whatever the nature of these effects consists, provided they are in value 100,000 livres. It is not therefore the quantity of silver existing ! as merchandize which causes the rate of interest to rise or fall; or which brings more money in the market to be lent; it is only the capitals existing in commerce, tliat is to say, the actual value of personal property of every kind accumulated, successively saved out of the revenues and profits to be employed by the possessors to procure them new revenues and new profits. It ia these accumu- Gl lated 302 Reflections on the Forination lated savings which are offered to the borrowers, and the more there are of them, the lower the interest of money will be, at least if the number of borrowers is not aug- mented in proportion. § 81. The spirit of (Economy continually augments the amount of capitals, luxury continually tends to destroy them. The spirit of oeconomy in any nation tends incessantly to augment the amount of the capitals, to increase the number of lenders, and to diminish that of the borrowers. The habit of luxury has precisely a contrary effect, and by what has been already remarked on the use of capitals in all undertakings, whether of cultivation, manufacture, or commerce, we may judge if luxury enriches a nation, or impoverishes it. § 82. The lowering of interest proves, that in Europe (Economy has in general prevailed over luxury. Since the interest of money has been constantly dimi- nishing in Europe for several centuries, we must conclude, that the spirit of oeconomy has been more general than the spirit of luxury. It is only people of fortune who run into luxury^ and among the rich, the sensible part of them confine their expences within their incomes, and pay great attention not to touch their capital. Those who wish to become rich are far more numerous in a nation than those which are already so. Now, in the present state of things^ as all the land is occupied, there is but one way to become rich, it is either to possess, or to procure in some way or other, a revenue or an annual profit above what is absolutely necessary for subsistence, and to lay up every year in reserve to form a capital, by means of which they may obtain an increase of revenue 62 or and Distribution of Wealth. 30:i or annual profit, which will again prodnce another saving, and become capital. There are consequently a great number of men interested and employed in amassing capitals. § 83. Recapitulation of the five different methods of employing capitals. y I have reckoned five different methods of employing f^ capitals, or of placing them so as to procure a profit. 1st. To buy an estate, which brings in a certain revenue. 2d. To employ money in undertakings of cultiva- tion ; in leasing lands whose produce should render back, besides the expences of farming, the interest on the advances, and a recompense for the labour of him who employs his property and attention in the cultivation, 3d. To place a capital in some undertaking of industry or manufactures. 4th. To employ it in commerce. 5th. To lend it to those who want it, for an annual interest. § 84. The influence which the different methods of employing money have on each other. It is evident that the annual returns, which capitals, placed in different employs, will produce, are proportionate to each other, and all have relation to the actual rate of the interest of money. § 85. Money invested in land, necessarily produces the least. ^ '% * ' The person who invests his money in land let to a solvent tenant, procures himself a revenue which gives 63 him 304 RefiectioiiH on the Formation liira ver}'- little trouble in receiving, and which he may dispose of in the most agreeable manner, by indulging all his inclinations. There is a greater advantage in the pur- chase of this species of property, than of any other, since the possession of it is more guarded against accidents. We must therefore purchase a revenue in land at a higher price, and must content ourselves with a less revenue for an equal capital. § 86. Money on interest ought to hrlng a little more income, than land purchased with an equal capital. He who lends his money on interest, enjoys it still more peaceably and freely than the possessor of land, but the insolvency of his debtor may endanger the loss of his capital. He will not therefore content himself with an interest equal to the revenue of the land which he could buy with an equal capital. The interest of money lent, must consequently be larger than the revenue of an estate purchased with the same capital; for if the proprietor could find an estate to purchase of an equal income, he would prefer that. § 87. Money employed in cultivation, manufactures, or commerce, ought to produce more than the interest of money on loan. By a like reason, money employed in agriculture, in manufactures, or in commerce, ought to produce a more considerable profit than the revenue of the same capital employed in the purchase of lands, or the interest of money on loan : for these undertakings, besides the capi- tal advanced, requiring much care and labour, and if they were not more lucrative, it would be much better to secure an equal revenue, which might be enjoyed without 64 labour. and Distribution of Wealth. 305 labour. It is necessary then, that, besides the interest of the capital, the undertaker should draw every year a profit to recorapence him for his care, his labour, his talents, the risque he runs, and to replace the wear and tear of that portion of his capital which he is obliged to invest in effects capable of receiving injury; and exposed to all kinds of accidents. X 88. Meantime the freedom of these various employments are limited by each other, and maintain, notwithstanding their inequality, a species of equilibrium. The different uses of the capitals produce very un- equal profits ; but this inequality does not prevent them from having a reciprocal influence on each other, nor from establishing a species of equilibrium among themselves, I j like that between two liquors of unequal gravity, and which communicate with each other by means of a reversed syphon, the two branches of which they fill ; there can be no height to which the one can rise or fall, but the liquor in the other branch will be affected in the same manner. I will suppose, that on a sudden, a great number of proprietors of lands are desirous of selling them. It is evident that the price of lauds will fall, and that with a less sum we may acquire a larger revenue ; this cannot come to pass without the interest of money rising, for the possessors of money would chuse rather to buy lands, than to lend at a lower interest than the revenue of the lands they could purchase. If, then, the borrowers want to have money, they will be constrained to pay a greater rate. If the interest of the money increases, they will prefer lending it, to setting out in a hazardous manner on enterprizes of agriculture, industry, and commerce : and they will be aware of any enterprizes but those that pro- duce, besides the retribution for their trouble, an eraolu- 65 ment 306 Reflections on the Fonnation ment by far greater than the rate of the lencler^s produce. In a word, if the profits, springing from an use of money, augment or diminish, the capitals are converted by with- drawing them from other employings, or are withdrawn by converting them to other ends, which necessarily alters, in each of those employments, the proportion of profits on the capital to the annual product. Generally, money converted into property in land, does not bring in so much as money on interest ; and money on interest brings less than money used in laborious enterprizes : but the produce of money laid out in any way whatever, cannot augment or decrease without implying a proportionate augmentation, or decrease in other employments of money. § 89. The current interest of money is the standard by li'hich the abundance or scarcity of capitals may be judged ; it is the scale on which the extent of a nation's capacity for enterprizes in agriculture, manufactures, and commerce, may be reckoned. Thus the current interest of money may be considered as a standard of the abundance or scarcity of capitals in a nation, and of the extent of enterprizes of every denomi- nation, in which she may embark : it is manifest, that the lower the interest of money is, the more valuable is the land. A man that has an income of fifty thousand livres, if the land is sold but at the rate of twenty years purchase is an owner of only one million ; he has two millions, if the land is sold at the rate of forty. If the interest is at five per cent, any land to be brought into cultivation would continue fallow, if, besides the recovery of the advances, and the retribution due to the care of the culti- vator, its produce would not afford five per cent. No manufactory, no commerce can exist, that does not bring in five per cent, exclusively of the salary and equivalents 66 for and Distribution of Wealth. 307 for the risque and trouble of the undertaker. If there is a neighbouring: nation in which the interest stands only at two per cent, not only it will engross all the branches of commerce^ from which the nation where an interest at five per cent, is established^ is excluded, but its manufac- turers and merchants, enabled to satisfy themselves with a lower interest, will also sell their goods at a more mode- rate price, and will attract the almost exclusive commerce of all articles, which they are not prevented to sell by particular circumstances of excessive dearth, and expences of carriages, from the nation in which the interest bears five per cent. § 90. Influence of the rate of interest of money on all lucrative enterprizes. _The price _of., the interest may be looked upon as a r kind of J ^el, under which all labour, culture, industry, or commerce, acts. It is like a sea expanded over a vast conntiy ; the tops of the mountains rise above the sur- face of the water, and form fertile and cultivated islands. If this sea happens to give way, in proportion as it descends, sloping ground, then plains and vallies appear, which cover themselves with productions of every kind. It wants no more than a foot elevation, or falling, to in- undate or to restore culture to unmeasurable tracts of land. Itis the abundance of capitals that animates enter- prize ; and a low interest of money is at the same time the effect and a proof of the abundance of capitals. § 91. The total Riches of a nation consists, 1. in the clear revenue of all the real estates, multiplied by the rate of the price of land. 2. in the sum of all the moveable riches existinr/ in a nation. Real estates are^ equivalent to any capital, equal to their annual revenue, multiplied by the current rate at which 67 ' lands 308 Reflections on the Formation lands are sold. Thus if we add the revenue of all lands, viz. the clear revenue they render to the proprietor, and to all those that share in the property, as the lord that levies a rent, the curate that levies the tythe, the sovereign that levies the tax ; if say I, we should add all these sums, and multiply them by the rate at which lands are sold, we would have the sum of all the wealth of a nation in real estates. To have the whole of a nation's wealth, the moveable riches ought to be joined, which consist in the sum of capitals converted into enterprizes of culture, industry, and commerce, which is never lost ; as all advances, in any kind of undertaking, must unceasingly return to the undertaker, to be unceasingly converted into enterprizes, which without that could not be con- tinued. It would be a gross mistake to confound the im- mense mass of moveable riches with the mass of money that exists in a state ; the latter is a small object in com- parison with the other. To convince one^s self of this, we need only remember the immense quantity of beasts, utensils, and seed, which constitute the advances of agri- culture; the materials, tools, moveables, and merchan- dises of every kind, that fill up the work-houses, shops, and warehouses of all manufacturers, of all merchants, and of all traders, and it will be plain, that in the totality of riches either real or moveable of a nation, the specie makes but an inconsiderable part : but all riches and money being continually exchangeable, they all represent money, and money represents them all. § 92. T%e sum. of lent capitals cannot be understood without a two-fold reckoning. We must not include in the calculation of the riches of a nation the sum of lent capitals; for the capitals could only be lent either to proprietors of lands, or to 68 undertakers and Distribution of' Wealth. 309 undertakers to enhance their value in their enterprizes, since there are but these two kinds of people that can answer for a capital, and discharge the interest : a sum of money lent to people that have neither estate nor industry, would be a dead capital, and not an active one. If the owner of land of -100,000 livres borrows 100,000, his land is charged with a rent that diminishes his revenue by that sum. If he should sell it ; out of the 400,000 livres he would receive, 100,000 are the property of the creditor. By these means the capital of the lender would always form, in the calculation of existing riches, a double estimate. The land is always worth 400,000/. when the proprietor borrows 100,000/. that does not make 500,000/. it only follows, that in the 400,000/. one hundred thousand belongs to the lender, and that there remains no more than 300,000/. to the borrower. The same double estimate would have place in the cal- culation, if we should comprehend in the total calculation of ca})itals, the money lent to an undertaker to be era- ployed in advance for his undertaking; it only results, that that sum, and the part of the profits which repre- sents the interest, belongs to the lender. Let a merchant employ 10,000 livres of his property in his trade, and engross the whole profit, or let him have those 10,000 livres borrowed of another, to v/hom he pays the interest, and is satisfied with the overplus of profit, and the salary of his industry, it still makes only 10,000 livres. But if we cannot include, without making a double estimate in the calculation of national riches, the capital of the money lent on interest, we ought to cull in the othqr^inds of moveables, which though originally form- ing an object of cxpeuce, and not carrying any profit, become, however, by their durability, a true capital, that constantly increases ; and which, as it may occasionally be exchanged for money, is as if it was a stock in store, which may enter into commerce and make good, when 69 necessary 310 Refiections on the Formation necessary, the loss of other capitals. Such are the move- ables of every kind; jewels, plates, paintings^ statueSj^_ ready money shut up in chests by misers: all those matters have a value, and the sum of all those values may make a considerable object among wealthy nations. Yet be it considerable or not, it must always be added to the price of real estates, and to that of circulating advances in enterprizes of every denomination, in order to form the total sum of the riches of a nation. As for the rest, it is superfluous to say, though it is easy to be defined, as we have just done, in what consists the totality of the riches of a nation ; it is probably impossible to discover to how much they amount, unless some rule be found out to fix the proportion of the total commerce of a nation, with the revenue of its land : a feasible thing, but which has not been executed as yet in such a manner as to dispel all doubts. § 93. In ivhich of the three classes of society the lenders of money are to be ranked. Let us see now, how what we have just discussed about the different ways of employing capitals, agrees with what we have before established about the division of all the members of society into three classes, the one the pro- ductive class of husbandmen, the industrious or trading class, and the disposing class, or the class of proprietors. § ,94. The lender of money belongs, as to his person, to — — - the disposing class. We have seen that every rich man is necessarily pos- sessor either of a capital in moveable riches, or funds equivalent to a capital. Any estate in land is of equal value with a capital ; consequently every proprietor is a capitalist, but not every capitalist a proprietor of a real 70 estate; imd Distribution of Wealth. 311 estate; and the possessor of a moveable capital may cliuse to confer it on acquiring funds,, or to improve it in enter- prizes of the cultivating class, or of the industrious class. The capitalist, turned an undertaker in culture or in- dustry, is no more of the disposing class, than the simple workmen in those two lines ; they are both taken up in the continuation of their enterprizes. The capitalist who keeps to the lending money, lends it either to a pro- prietor or to an imdertaker. If he lends it to a proprietor, he seems to belong to tlie class of proprietors, and he becomes co-partitioncr in the property; the income of the land is destined to the payment of the interest of his trust; the value of the funds is equal to the security of his capital. If the money-lender has lent to an undertaker, it is certain that his person belongs to the disposing class ; but his capital continues destined to the advances of the enter- priser, and cannot be withdrawn without hurting the enterprise, or without being replaced by a capital of equal value. § 95. The use ivhich the money-lender makes of his interest. Indeed, the i nterest he d raws from that capital seems to make him of the disjiosing class, since the undertaker and the entcrprize may shift without it. It seems also we may form an inference, that in the profits of the two laborious classes, either in the culture of the earth or industry, there is a disposable port ion, namely, that which answers to the interest of the advances, calcidated on the current rate of interest of money lent; it appears also that this conclusion seems to agree with what we have said, that the mere class of proprietors had a revenue properly so called, a disposing revenue, and that all the members of the other classes had only salaries or profits. 71 Thi. 312 Reflections on the Formation This merits some future inquiry. If we consider the thousand crowns that a man receives annually, who has lent 60,000 livres, to a merchant, in respect to the use he may make of it, there is no doubt of this being perfectly disposable, since the enterprize may subsist without it. § 96. The interest of the money is not disposable in one sense, viz. so as the state may be authorized to appro- priate, without any inconvenience, a part to supply its wants. But it does not ensue that they are of the disposing class in such a sense, that the state can appropriate to itself with propriety a portion for the public wants. Those 1000 crowns are not a retribution, which culture or commerce bestows gratuitously on him that makes the advance; it is the price and the condition of this advance, independently of which the enterprize could not subsist. If this retribution is diminished, the capitalist will with- draw his money, and the undertaking will cease. This retribution ought then to be inviolable, and enjoy an entire immunity, because it is the price of an advance made for the enterprize, without which the enterprize could not exist. To encroach upon it, would cause an augmentation in the price of advances in all cnterprizes, and consequently diminish the cnterprizes themselves, that is to say, cultivation, industry, and commerce. This answer should lead us to infer, that if we have said, that the capitalist who had lent money to a pro- pi'ietor, seemed to belong to the class of proprietors, this appearance had somewhat equivocal in it which wanted to be elucidated. In fact, it is strictly true, that the interest of his money is not more disposable, that is, it is not more susceptible of retrenchment, than that of money lent to the undertakers in agriculture and commerce. 72 But and Distribution of Wealth. 313 But the interest is equally the price of the free agreement, and they cannot retrench any part of it without altering or changing the price of the loan. For it imports little to whom the loan has been made : if the price decreases or augments for the proprietor of lands, it will also decrease and augment for the cultivator, the manufacturer, and the merchant. In a word, the ' proprietor who lends money ought to be considered, as a dealer in a commodity absolutely necessary for the pro- duction of riches, and which cannot be at too low a price. It is also as unreasonable to charge this commerce with duties, as it would be to lay a duty on a dunghill which serves to manure the land. Let us conclude from hence, that the person who lends money belongs properly to the disposable class as to his person, because he has nothing to do ; but not as to the nature of his property, whether the interest of his money is paid by the proprietor of land out of a portion of his income, or whether it is paid by an undertaker, out of a part of his profits designed to pay the interest of his advances. § 97. Objection, It may doubtless be objected, that the capitalist may indifferently either lend his money, or employ it in the purchase of land ; that in either case he only receives an equivalent for his money, and whichever way he has employed it, he ought not the less to contribute to the public charges. § 98. Answer to this objection. I answer first, that in fact, when the capitalist has purchased an estate, the revenue will be equal as to him, to what he would have received for his money by lending it ; but there is this essential difference with respect to 73 the 3.1 4 Reflections on the Formation the state, that the grice which he gives for his land, does not contribute in any respect to the income it produces. It wouhl not have produced a less income, if he had not purchased it. This income, as we have ah'eady explained, consists in what the land produces, beyond the salary of the cultivators, of their profits, and the interest of their advances. It is not the same with the interest of money ; it is the express condition of the loan, the price of the advance, without which the revenue or profits, which serve to pay it, could never exist. I answer in the second place, that if the lands were charged separately witli the contribution to the public expences, as soon as that contribution shall be once regu- lated, the capitalist who shall purchase these lands will not reckon as interest for his money, that part of the revenue which is affected by this contribution. The same as a man who now buys an estate, does not buy the tythe which the curate or clergy receives, but the revenue which remains after that tythe is deducted. § 99. There exists no revenue strictly disposable in a state, but the clear produce of lands. It is manifest by what I Iiave said, that the interest of money lent is taken on the revenue of lands, or on the profits of enterprizes of culture, industry, and commerce. But we have already shewn that these profits themselves were only a part of the production, of lands ; that the , produce of land is divided in two portions ; that the one ,- was designed for the salary of the cultivator, for his V ^. ^ profits, for the recovery and interest of his advances ; and -^ ■ • that the other was the part of the proprietor, or the revenue which the proprietor expended at his option, and A " from whence he contributes to the general expences of the state. We have demonstrated, that what the other classes of 74 society and Distribution of Wealth. 315 society received, was merely the salaries and profits paid, either by the proprietor upon his revenue, or by the agents of the productive class, on the part destined to their wants, and which they are obliged to purchase of the industrious class. Whether these profits be bow distributed in wages to the workmen, in profits to undertakers, or in interests of advances, they do not change the nature, or augment the sum of the revenue produced by the productive class over and above the price of their labour, in which the industrious class does not participate, but as far as the price of their labour extends. Hence it follows, that there is no revenue but the clear ^produce of land, and that all other profit is paid, either by that revenue, or makes part of the expenditure that serves to produce the revenue. § 100. The land has also furnished the total of moveable riches, or existing capitals, and which are formed only by a portion of its 2Jroductions reserved every year. Not only there does not exist, nor can exist, any other revenue than the clear produce of laud, but it is the earth also that has furnished all capitals, that form the mass of all the advances of culture and commerce. It has pro- duced, without culture, the first gross and indispensible advances of the first labourers ; all the rest are the accu- mulated fruits of the oeconomy of successive ages, since they have begun to cultivate the earth. This oeconomy has eff'ect not only on the revenues of proprietors, but also on the profits of all the members of laborious classes. It is even generally true, that, though the proprietors have more overplus, they spare less; for, having more treasure, they have more desires, and more passions ; they think themselves better ensured of their fortune ; and are more desirous of enjoying it contentedly, than to augment it J luxury is their pursuit. The stipendiary class, and 75 chiefly ^ 316 Rejections on the Formation chiefly the undertakers of the other classes, receiving profits proportionate to their advances, talents, and acti- vity, have, though they are not possessed of a revenue properly so called, a superfluity beyond their subsistence ; but, absorbed as they generally are, only in their enter- prizes, and anxious to increase their fortune; restrained by their labour from amusements and expensive passions ; they save their whole superfluity, to re-convert it in other enterprizes, and augment it. The greater part of the undertakers in agriculture borrow but little, and they almost all rest on the capital of their own funds. Tlie undertakers of other businesses, who wish to render their fortune stable, strive likewise to attain to the same state. Those that make their enterprizes on borrowed funds, are greatly in danger of failing. However, although capitals are formed in part by the saving of profits in the laborious classes, yet, as those profits spring always from the earth, they are almost all repaid, either by the revenue, or in the expences that serve to produce the revenue ; it is evident, that the capitals are derived from the earth as well as the revenue, or rather that they are but an accu- mulation of a part of the riches produced by the earth, which the proprietors of the revenue, or those that share it, are able to lay by every year in store, without con- suming it on their wants. § 101. Although money is the direct object in saving, and it is, if we may call it so, the first foundation of capitals, yet money and specie form but an insensible part in the total sum of capitals. We have seen what an inconsiderable part money forms in the total sum of existing capitals, but it makes a very large one in the formation of them. In fact, almost all savings are only in money ; it is in money that the revenue is paid to the proprietors, that the advances and 76 profits and Distrihution of Wealth. 817 profits are received by the undertakers of every kind ; it is their money which they save, and the annual increase of capitals happens in money; but all the undertakers make no other use of it, than immediately to convert it into the different kinds of effects on which their enter- prizes turn ; thus, money returns into circulation, and the greater part of capitals exist only, as we have already explained it, in effects of different natures. FINIS. EXTRACT AN INQUIRY INTO THE Nature of the CORN LAWS; with a View to the NEW CORN-BILL Proposed for Scotland. EDINBURGH : 1777- EXTRACT AN IN^IRY INTO THE Nature of the Corn Laws, &:c > '-^'^» I FORE SEE here a popular objection. It will be said, that the price to the farmer is so high only on ac- , count of the high rents and avaricious extortions of pro- prietors. " Lower (say they) your rents, and the farmer " will be able to afford his grain cheaper to the consumer." But if the avarice alone of the proprietors was the cause of the dearth of corn, whence comes it, I may ask, that the price of grain is always higher on the west than on the east coast of Scotland? Are the proprietors in the Lothians more tender-hearted and less avaricious than those of Clyddesdale? The truth is, nothing can be more groundless than these clamours against men of landed property. There is no doubt, but that they, as well as every other class of men, will be willing to aug- ment their revenue as much as they can, and therefore will always accept of as high a rent for their land as is offered to them. Would merchants or manufactures do otherwise ? Would either the one or the other of these 3 refuse. 322 Anderson on the refuse, for the goods he offers to sale in a fair open way, as high a price as the purchaser is inclined to give ? If they would not, it is surely with a bad grace that they blame gentlemen for accepting such a rent for their land as farmers, who are supposed always to understand the value of it, shall cliuse to offer them. r It is not, however, the rent of the land that deter- mines the price of its produce, but it is the price of that produce which determines the rent of the land ; although the price of that produce is often highest in those coun- tries where the rent of land is lowest. 3 This seems to be a paradox that deserves to be explained. In every country there is a demand for as much grain as is sufficient to maintain all its inhabitants ; and as that grain cannot be brought from other countries but at a considerable expence, on some occasions at a most ex- orbitant charge, it usually happens, that the inhabitants find it most for their intei'cst to be fed by the produce of their own soil. But the price at which that produce can be afforded by the farmer varies considerably in different circumstances. C In every country there is a variety of soils, differing considerably from one another in point of fertility. These we shall at present suppose arranged into different classes, which we shall denote by the letters A, B, C, D, E, F, &c. the class A comprehending the soils of the greatest fertility, and the other letters expressing different classes of soils, gradually decreasing in fertility as you recede from the first. Now, as the expence of cultivating the least fertile soil is as great, or greater than that of the most fertile field ; it necessarily follows, that if an equal quantity of corn, the produce of each field, can be sold at the same price, the profit on cultivating the most fertile soil must be much greater than that of cultivating the others ; and as this continues to decrease as the sterility encreases, it must at length happen, that the expence of cvdtivating 4 some Origin of Rent. 323 some of the inferior classes will equal the value of the ■whole produce. ^ cTliis being premised, let us suppose, that the class F includes all those fields whose produce in oat-meal, if sold at fourteen shillings per boll, would be just sufficient to pay the expence of cultivating them, without afibrding any- rent at all : That the class E comprehended those fields, whose produce, if sold at thirteen shillings per boll, would free the charges, without affording any rent ; and that in like manner the classes D, C, B, and A, consisted of fields, whose produce, if sold res[)ectively at twelve, eleven, ten, and nine shillings per boll, would exactly pay the charge of culture, without any rent. ^ Let us now suppose that all the inhabitants of the country, where such fields are placed, could be sustained by the produce of the first four classes, viz. A, B, C, and D. It is plain, that if the average selling price of oat- meal in that country was twelve shillings per boll, those who possessed the fields D, could just afford to cultivate them, without paying any rent at all ; so that if there were no other produce of the fields that could be reared at a smaller expence than corn, the farmer could afford no rent whatever to the proprietor for them. And if so, no rents could be afforded for the fields E and F ; nor could the utmost avarice of the proprietor in this case extort a rent for them. In these circumstances, however, it is obvious, that the farmer who possessed the fields in the class C could pay the expence of cultivating them, and also afford to the proprietor a rent equal to one snilling for eveiy boll of their produce ; and in like manner the pos- sessors of the fields B and A could afford a rent equal to two and three shillings per boll of their produce respec- tively. Nor would the proprietors of these fields find any difficulty in obtaining these rents; because farmers, find- ing they could live equally well upon such soils, though paying these rents, as they could do upon the fields J) o without 324 Anderson on the without any rent at all, would be equally willing to take the one as the other. But let us again suppose, that the whole produce of the fields A, B, C and D, was not sufficient to maintain the whole of the inhabitants. If the average selling price should continue at twelve shillings j^er boll, as none of the fields E or F could admit of being cultivated, the inhabi- tants would be under the necessity of bringing grain from some other country, to supply their wants. But if it should be found, that grain could not be brought from that other country, at an average, under thirteen shillings per boll, the price in the home-market would rise to that rate ; / so that the fields E could then be brought into culture, and those of the class D could afford a rent to the pro- prietor equal to what was formerly yielded by C, and so on of others; the rents of every class rising in the same proportion. If these fields were sufficient to maintain the whole of the inhabitants, the price would remain perma- nently at thirteen shillings ; but if there was still a defi- ciency, and if that could not be made up for less than fourteen shillings per boll, the price would rise in the market to that rate; in which case the field F might also be brought into culture, and the rents of all the others would rise in proportion. To apply this reasoning to the present case, it appears, that the people in the Lothians can be maintained by the produce of the fields A, B, C, D, and E, but the inhabi- tants of Clyddesdale require also the produce of the fields F ; so that the one is under the necessity of giving, at an average, one shilling per boll more for meal than the other. Let us now suppose, that the gentlemen of Clyddesdale, from an extraordinary exertion of patriotism, and an in- ordinate desire to encourage manufactures, should resolve to lower their rents, so as to demand nothing from those who posssessed the fields E, as well as those of the class 6 F, and Origin of Rent. 325 F, and should allow the reuts of all the others to sink in proportion ; would the prices of grain fall in consequence of this ? By no means. The inhabitants are still in need of the whole produce of the fiekls F as before, and are under the necessity of paying the farmer of these fields such a price as to enable him to cultivate them. He must therefore still receive fourteen shillings per boll as formerly. And as the grain from the fields E, D, C, B, and A, are at least equally good, the occupiers of such of these fields would receive the same price for their produce. The only consequence, then, that would result from this quixotic scheme, would be the enriching one class of farmers at the expence of their proprietors, without pro- ducing the smallest benefit to the consumers of grain — perhaps the reverse, as the industry of these fai'mers might be slackened by this measure. If, on the other hand, by any political arrangement, the price of oat-meal should be there reduced from four- teen to thirteen shillings per boll, it would necessarily follow, that all the fields of the class F would be aban- doned by the plough, and the rents of the others would fall of course : but with that fall of rent, the quantity of grain produced would be diminished, and the inhabitants would be reduced to the necessity of depending on others for their daily bread, t Thus it appears, that rents are not at all arbitrary, but depend on the market-price of grain ; which, in its turn, depends upon the effective demand that is for it, and the fertility of the soil in the district where it is raised : so that lowering of rents alone could never have the effect of rendering grain cheaper.^ TR RATI S E ON THE MARITIME LAWS OF RHODES. BY ALEXANDER C. SCHOMBERG, M.A. FELLOW OF MAGDALEN COLLEGE, OXFORD. OXFORD: SOLD BY D. PRINCE AND J. COOKE. J. F. AND C. RIVINGTON, P. ELMSLY, AND T. PAYNE AND SON, LONDON. M.DCC.LXXXVl.. ADVERTISEMENT. ANY research which tends to gratify a learned curi- osity is at least innocent and amusing. If it serves at the same time to explain the manners and customs of a remote age^ or to illustrate any trait of national character, it may justly be deemed both interesting and profitable. Few branches of literature can attain this important end so successfully as that which has for its subject the laws and polity of states ; and there is none perhaps which has reflected stronger light upon public and domestic history, or proved a finer comment upon ancient philosophy and polite letters, than the liberal study of juridical antiqui- ties. How far the truth of this observation may appear in the following pages I will not presume to say. They were originally designed to form a part of the illustrations annexed to the Chronological VicAv, but finding the mate- rials more copious than were at first imagined, I deter- mined to lay them before the public in a separate treatise. By their judgment it must be determined how far an enquiry into the maritime laws of Rhodes may contribute to the amusement of the classical reader, or to the utility of the student of civil law. A TREATISE ON THE MARITIME LAWS OF RHOD ES. THE Barou de Montesquieu has observed^ that the laws of a well-regulated maritime state must ne- cessarily be more varied and comprehensive than those of any other."^ The reason is obvious. It is in such a state that the commercial spirit is usually found to be most active. This activity produces an extensive communica- tion, which drawing together into one city the inhabitants of different countries, gives rise to a multitude of cus- tomsj interests and engagements, unknown to an inland people. " Dissimilitudo civitatum, says Tully, varietatem juris habeat necesse est.f So that in order to adjust the controversies incident to this intercourse of nations, a peculiar jurisdiction is requisite, and certain principles of general jurisprudence must be adopted to conduct litiga- tions and decide cases which do not fall within the reach of municipal polity. To such an establishment Xenophon alludes, when, pointing out the means of cncreasing the public revenue, he exorts his countrymen to erect a kind of maritime tribunal, and to bestow rewards upon such .5 of * Esprit des Loix. Liv. 2o. cap. 16. t Pro Balbo. §. 13. 332 Schomberg on the of the judges as should distinguish themselves by a dili- gent discharge of their function.* That a people who so happily applied the principles of sound philosophy and natural justice to the various exi- gencies of civil life, and who constructed a juridical system more durable and extensive than their empire^f should never have struck out any thing original in this essential branch of legislation may appear somewhat singular. The Romans did not even take the pains to digest or arrange the materials which they borrowed ; and while they carried every other part of jurisprudence to the highest pitch of accuracy and refiuemeut_, were content to stand indebted to one of their provinces both for the form and matter of their maritime code. It is the purport of the following treatise to attempt an elucidation of this point, by shewing that the conduct of the Romans was perfectly consistent with their national character and form of government ; and that the peculiar excellence of the Rhodian laws amply justified their adoption. It seems to be generally agreed that the Romans were never very conspicuous as a maritime power, either in a military or a commercial light. ]Many years had elapsed from the foundation of their city before they became pos- sessed of any thing that resembled a marine establish- ment, and though toward the latter age of the republic we read of some very surprizing naval exertions, the sea 6 certainly * riopoi. p. 728. edit. Leunclav. The Naval Duumvirs had no judicial authority at Rome ; but in the lower empire there seems to have been an oflScer like our Consicl. Cod. Theodos. L. 7. De Naviculariis. + " Tanta sapientia fuisse Roma in Jure constitv^ndo putanda est, quanta fuit in his tantis opibus Imperii comparandis." £>e Orat > I. §. 44. Laws of Rhodes. 333 certainly was not their favourite element.^ Polybius informs us that before the first Punic war, they had never been engaged in an action at sea, and being ignorant of the art of ship-building, had till that time been accus- tomed to navigate in hired vessels. The same writer indeed has given us some ancient treaties between Rome and Carthage, the first of which carries us back to the year of the city 245, and contains, among other curious par- ticulars, certain restrictions on Roman fleets visiting the coasts of Africa, and on their trade both there and in the island of Sardinia ; but it must be observed, that though this appears at first sight to contradict what has been asserted of their ignorance in naval matters, it will be found perfectly consistent, if we recollect the vicinity of these countries to the coast of Italy.f The constant wars in which Rome was involved with her neighbours, during the first five centuries, may be a reason why she paid so little attention to naval affairs. We find the smaller states of Italy very early on the sea, and engaged in considerable commerce for those times; particularly the Tarentines, Tyrrhenians, Spinetes and Liburnians, the latter of whom gave name to the most commodious kind of vessels used by the Romans. The city of Spina also, according to 7 Dionysius, * It is worthy remark that there is no trace of any maritime law in the XII Tables, though at the time of the embassy into Greece, those of Rhodes may be supposed to have had very extensive influence. Montesquieu's reason for this is perhaps too refined, see Esprit des Loix, Liv. 21. c. 9. t Polybii. Hist. Lib. .3. cap. 22. et seq. lie tells us these Treaties were copied by him with great difficulty from some obscure originals on brazen tablets in the Capitol. Barbeyrac, in his S^l■p• plement to the Corps Diplomatique, has given some acute remarks on them. Tom. i. Art. xcvii. ccli. ccxcvii. cccxxxii. and they have been ably illustrated by Professor Ueyne in some Gottingen Dissertations, Anno. 1780. 334 Schomherg on the Dionysius, became very powerful ; and some idea may be formed of its opulence from the many ricli presents brought by this state to the temple at Delphi. The encreasing power and haughtiness of Carthage at last exciting the jealousy of Rome, taught her the neces- sity of supporting a marine force, and the famous victory of Duillius, the first fruits of her application to naval business, encouraged her to persevere in it.* By an unexampled instance of exertion she in a few months constructed a navy which enabled her to maintain a superiority at sea, as is evident from her success soon afterwards against the INIacedonians, and from the event of the third Punic war, which ended in the total destruc- tion of her rival, t After this she sent out a very respectable fleet against the piratical confederacy, which had received considerable strength by a junction with the ruined inhabitants of Carthage and Corinth. They invested every part of the Mediterranean, and hovering about the mouth of the Tiber, effectually cut off the communication between Rome, and Sicily, the principal granary of the city. It was upon this occasion that Pompey was invested with the sole command of the whole Roman navy, (a species of authority never before entrusted to an individual) and with a fleet of more than five hundred sail held absolute sway 8 over * The singular privilege which Duillius enjoyed in consequence of this victory, of being preceded at night by torches and music, gave great offence to many of the graver Romans. Cicero mentions his having often met him, when a boy, with this pompous attend- ance, and exclaims tantum licentice dabat gloria ! De Senectute : and Florus observes upon it, that it seemed to him, like " a diurnal repetition of a triumph, which other conquerors were modest enough to confine to a single day." Lib. 2. cap. 2. §. 10. t It was soon after the destruction of Carthage that Rome estab- lished a trade between JStica on the African coast and the island of Del OS, from whence she annually imported slaves into the city. Laws of Rhodes . 335 over the sea and the coasts, from the pillars of Hercules to the Thracian Bospliorous. He totally broke the pirati- cal league, and, in order to prevent its reunion on the seas, settled its members in a large track of country at a great distance from the coast.* The dominion of the sea became much more confirmed and extended under the emperors, some few of whom were naturally inclined to favour it. In the Code of Theodosius is a law of Constantino and Julian which confers the rank of knight upon those who had borne a naval command with honour ; and another of Valenti- nian, which encourages persons of distinction to serve their country in that station. Dionysius of Halicarnassus terms Rome the mistress of the sea, not of the Mediter- ranean only, but of whatever parts were na^dgable, and says that she maintained considerable fleets. t The extent of her power 150 years after this, is specified by Appian, who mentions the islands of the Mediterranean and Egean seas; the Cyclades, Sporades, Cyprus, Crete, Rhodes and Lesbos, as subject to her; and in the days of Arcadius and Honorius we find she had large fleets con- stantly stationed at Alexandria, Carthage, Seleucia, and in the Euxine, besides others of smaller note in the ports of Italy and the islands. J It is extraordinary that with all this authority in their hands, the Romans should have been ignorant of the true advantages to be derived from naval power. In ail their equipments, the principal object was to extend their empire, or to keep in awe the refractory provinces. Their fleets were seldom employed to open new communications, to discover new people, or to protect and encourage com- 9 mercial * Florus, Lib. 3. cap. 6. t Lib. 1. * Cod. Lib. 12. tit. CO, Cod. Theodos Lib. 8. tit. 7. §. 14. Cod. Lib. 12. tit. 24. §. 2. 336 Schomherg on the mercial intercourse with distant climates. Except when they attended the corn ships from Sicily and Alexandria, or convoyed home the spoils of some conquered country, we never hear of their being upon the seas but for mili- tary purposes.* This (says a writer who cannot be too often quoted) was perfectly suitable with the national genius of " a people of soldiers, whose trade was their sword, and whose sword supplied all the advantages of trade, who brought the treasures of the world into their own exchequer, without exporting any thing but their personal bravery ; who raised the public revenues, not by the culture of Italy, but by the tributes of provinces; who had Rome for their mansion and the world for their farm. In consequence of this martial spirit, adds he, they lived on terms of defiance with all mankind. This proved fatal to factories and correspondence. The world was in arms, and insurances and under-writing were but a dead letter.^f In a state where the military spirit thus pervaded every rank and condition of life, it was not probable that many should have either leisure or inclina- tion for the pursuit of gain. Quisque Hostem ferire, Murum ascendere, compici duni tale f acinus faceret prope- rabat ; eas divitias, earn bonamfamam, magnamque nobili- tatem putabayit was the sketch which Sallust drew of the infant features of the republic, and the likeness was 10 tolerably * This appears from the evidence of medals and inscriptions, where the emblems and titles are uniformly of a military cast. See Morisoti Orhis Maritimus. Lib. 1. cap. 26. The corn traders were very early incorporated, and enjoyed privileges at Rome. Dig. lib. 3. tit. 4. et Cod. Theodos. tit. De NavL culariis. There were also officers appointed to superintend the dis- tribution of this commodity, called Pmfecti Annonce, nearly upon the same plan as the French Commissaires Des Vivres. Dig. lib. 48. tit. 12. DeLege JuliA, De Annona. t Taylor's Elenunts of Civil Law. Art. Property, pp. 501. 504. Laws of Rhodes. 337 tolerably preserved even at the time he wrote,^ except the coutcntions of the forum then engrossed almost as much of their attention as those of the field. But the interests of commerce were not only neglected by the Romans : it appears from some of their best writers and from various regulations in the law books, that mercantile pursuits met with peculiar discouragement, and that trade, of whatever denomination, was expressly forbidden to men of noble or illustrious families ; because, says Livy, " Quaistus omnis iudecorus Patribus visus est," tho' in a law of Honorius, which forbids all men of family and fortune, or such as had borne any public offices, to engage in trade, a different reason is assigned, " Ut inter plebeios et negotiatores facilius fit emendi, venden- dique commercium -j" f from the idea that a bargain is likely to be more just when the buyer and seller are on a level. The same honest principle, no doubt, which led the Greek Emperor to condemn to the flames a vessel richly laden which had been freighted by his wife. J As a further restriction, the merchant and mechanic were prevented by law from holding any dignity or exer- cising any office in the state ; were forbidden to wear a sword, except on journeys, under certain restrictions ; and 11 by * Bell. Catilin. Every Roman was by birth a soldier, nor did he think it honourable to quit his profession, or exchange it for another, as long as he had vigour to pursue it. Cod. 4. 6.5. .31. Canitiem Galea pTemimMS," says the poet. Though strictly speaking the time of necessary service (the oitas rohusta or militaris as it is called) terminated with the xlvith year. D. 48. 5. 15. t Liv. xxi. §. 63. t Zonaras, lib. 3. Montesquieu has given an example of the truth of this maxim in the conduct of the Portuguese and Castilians on their East India settlements. Esprit des Loix. Liv. 20. cap. 18. Q. Claudius, a tribune, introduced a law, forbidding a man of sena- torial rank, to possess a ship of more than 300 amphorae burthen ; that being thought sulHcient for carrying the produce of his estate. N.B. A Roman amphora contained about nine gallons. 338 Schomherg on the by a still severer and more material exception, were, in the article of marriage, deprived of tLe hopes of ad- vancing their families to public honours or employments.* In short, what Cicero says of trade (which some have, I think with little reason, construed into a compliment) may be considered as the general opinion of his countrymen. " Mercatura si tenuis, sordida putanda est ; sin magna et copiosa, multa undique apportans, multisque sine vanitate impartiens, noJi est admodum vituperanda."^ It cannot be supposed that employments, so little respected or 12 understood * See a Coustitution of Constantiae. Cod. Lib. 5. tit. 27. §. 1. t De OJiciis. Lib, 1. These sentiments, which operated so strongly against trade, are not the only instances of great resem- blance between the institutions of Rome and Lacedajmon, where, says Xenophon, traffic was confined to slaves or people of the lowest class. Q. Was it by accident or design that Mercury was at Rome regarded as the god of thieves as well as of merchants 1 I cannot forbear introducing in this place some sentiments upon this subject, which notwithstanding the high character of the person from whom they proceed, will not I believe be readily sub- scribed to in this country. Mr. Boswell asks Dr. Johnson, " What is the reason that we are angiy at a trader's having opulence V Johnson. " Why, sir, the reason is, (though I don't undertake to prove that there is a reason) we see no qualities in trade that should entitle a man to superiority. We are not angry at a soldier's getting riches, because we see that he possesses qualities which we have not. If a man returns from a battle, having lost one hand, and the other full of gold, we feel that he deserves the gold ; but we cannot think that a fellow, by sitting all day at a desk is entitled to get above us." Bosicell. " But, sir, may we not suppose a merchant to be a man of an enlarged mind, such as Addison in the Spectator describes Sir Andrew Freeport to have been?" Johnson. "Why, sir, we may suppose any fictitious character. We may suppose a philosophical day labourer, who is happy in reflecting that by his labour he contributes to the fertility of the earth, and to the support of his fellow creatures ; but we find no such philosophical day-labourer. A merchant may, perhaps, be a man of an enlarged mind ; but there is nothing in trade connected with an enlarged mind." Boswell's Journal of a Tour to the Hebrides. p. 409. This opinion, which would have been applauded at Rome Laws of Rhodes. 339 uiulcrstood as commerce and navigation were by the Ro- mans, would find a very conspicuous place in their political arrangements. It is true, many edicts to this purpose occur in the law books, but we look there in vain for any thing like a mercantile or maritime code.* Even those laws which are found dispersed in the Corpus Juris Civilis are thought not to be intended as general regulations, but to refer merely to the corn trade, which, being of the utmost consequence to a people whose territory was not adequate to the furnishing of a sufficient quantity for their own consumption, naturally forced the attention of the Legislature to this branch of commerce, f I thought it necessary to premise thus much on a very copious and curious subject, not altogether uncon- nected with our present purpose, and shall now proceed to consider more at large the source from which the Romans derived their marine laws. 13 This and Sparta, never can be admitted at London, Hamburgh or Marseilles. * Dig. Lib. 14. tit. 1,2. Lib. 47. tit. 9. Lib. 48. tit. 12. Cod. Justin. Lib. 4. tit. 33 et63. Lib. 11. tit. 1. Cod. Theodos. Be Naviculariis. + See Suetonius Vit. Claud, cap. 19. Before the conquest of Egypt, Sicily and Sardinia were the granaries of Rome. After that event, the principal corn trade was carried on at Alexandria, and Augustus established a regular fleet for that purpose, which was called Sacra, or Felix Embole ; the Sacred, or Hajypy Freight. The ceremonies observed on its arrival at the mouth of the Tiber, are related with such circumstances as to give us the highest ideas of its importance. Seneca. Epist. 78. Suetonius, in Vit. Aufjust. §. 88. This had been the case from the earliest age of the repubUc, for in the second year after the expulsion of the kings, when Porsenna struck terror into Rome, by his approach to reinstate the Tarquins, Livy says, "multa igitur blandimenta plebi ab scnatu data ; Annoncs in primis habita cura, et ad frumentum comparaadum raissi, alii in Volscos, alii Cumas." Lib. 2. cap. 9. Suetonius speaking of some very pressing occasions to justify the use of slaves in the army reckons, a timxult in a time when supj'lies of corn are scanty. Yit. Aug. §. 2o. 340 - Schomherg on the This honour is due to the island of Rhodes^ the extra- ordinary wisdom and justice of whose naval code^ gained it admission into the most celebrated system of polity that ever was devised ; whence, being partially adopted in the Eastern Empire, it has imperfectly descended to these times, and may be traced in most of the naval codes now in use. Though Cicero's observation, " Qui mare tenet, eum necesse est rerum potiri," * appears not to have been much understood at Rome, in his days, it was nevertheless founded on reason and fadt, and has been since justified by many striking examples. History, I believe, scarcely offers an instance of an industrious maritime people, how- ever inconsiderable in point of territory, who have failed to arrive at great political consequenccf I might confirm this remark by the examples of some ancient and modern states, which must occur to my reader's I'ccoUection, but shall confine myself to that single one which is immediately connected with our subject. There is no writer extant who treats expressly of the Rhodians ; what we would know of them therefore must be collected by fragments from various sources; fortu- nately their extensive connections, and their activity for so many years in the affairs of Greece and Rome, has given them such a respectable place in history, that the materials are not so scanty or unconnected as might be conceived. The Isle of Rhodes, lies in the Mediterranean Sea, li about * Ad Atticum. Lib. 10. Ep. 1. t What Ceusoriuus, in Appiaii, says to the Carthagiuiau depu- ties, cannot be taken as a serious argument. It was the interest of the Romans to persuade them that a maritime situation was disad- vantageous, and the earnestness with which he addresses them proves what was his real opinion of the matter. Appian. Lib. 8. De rehus Punicis, §. 86. edit. Schweighjeuser. 1785. Laivs of Bh odes . 341 about seven leagues from the coast of Lycia and Caria, and is described as part of Asia Minor. Its original inhabitants^ according to the best accountSj were Cretans of the race of Hercules ; for, though they arc frequently called descendants of the Dorians, and were themselves fond of being so considered, it is well known, that colony did not settle in the island till after the Trojan war.* At this early period they appear to have been a powerful and industrious people. Homer, in his celebrated cata- logue of the confederated fleet dwells with peculiar satis- faction on the " nine vessels which were brought by Tlepolemus from this island,'^ and from what he says at the conclusion of his little history of its original settle- ment, it may be supposed then to have been in a flourish- ing Tcondition f Pindar has also spoken in very high terms of Rhodes, and figuratively describes its wealth and fertility by saying that " the sun collected together clouds which poured down showers of gold upon it," J the same image that is used by Homer on the like occasion. Strabo 15 informs * Strabo Geograph. Lib. 14. Pausanians. Lib. 9. Diodorus Sicu- lus. Lib. 5. cap. 13. Aristides. Podiois, Uepi ofxovoias. p. 568. edit. Jebb. Oxon. 1722. At the conclusion of this oration, Aristides, urging them strongly to unanimity, says, " I am particularly pained that you, who are so tenacious of your original language, as not to admit a single expression, but what is Doric, in a matter of so much moment as tlie welfare of your state, which depends on your unani- mity, should be so little solicitous of preserving the Doric Harmon}/." Loc. cit. p. .571. t Iliad. IJ. G.5.3. X Olymp. Od. 7. II. B. 670. The Ualia, a celebrated festival at Rhodes, was not derived, as many have imagined, from aXy the sea, but from the Doric nkios, for v^ioy, the sun, to whom the island was dedicated: and it must be observed as something singular, that the Rhodians, though for so many ages a maritime people, never offered any sacrifice or celebrated any rites to the sea. Pindar calls Rhodes rpinoKiv vaaov, from the three cities, Jalys- sus, Lindus and Camirus, which it originally contained ; for the 342 Schomherg on the informs us, that in times of remote antiquity, by reason of its superiority on the seas, the wisdom of its laws and the industry of its inhabitants, no country in the world exceeded Rhodes, and adds that it was this maritime excellence alone which afterwards supported its influence for so long a time among the ancient states, and strength- ened its alliances with the Greeks and Romans.* The fame which this island acquired, by its numerous seminaries of learning, is known to every classical reader. Thither ^Eschines retired, and opened that school of Rhetoric to which, after his death, the greatest charac- ters in Rome resorted.t Cicero and Pompey both studied there, and Julius Caesar, we are told, having put to sea for that purpose, was taken on his voyage by pirat s.J But it was not alone the cultivation of eloquence, philo- sophy, and the Greek language which attracted such a number of visitants; the pure temperature of the climate, the fertility of the soil, and the luxurious refinements of the capital city, which once might be said to have rivalled Athens herself, conspired to render Rhodes a desirable retreat. § To this happy condition of the island a variety 16 of city, that beai's the name of the island, was first built during the Peloponnesian war, by the same architect, according to Strabo, who constructed the Pirfeus at Athens. Geog. Lib. 14. p. 964. edit. Amstelod. 1717. * Loc. cit. t See his Epistle to Philocrates, in which he describes his voyage ; and Plutarch, In vit. Demosthen. + lie was forced to remain in captivity, says Suetonius, forty days, " non sine summa indignatione, cum uno Medico et cubicu- lariis duobus." Lib. 1. §. 4. § Strabo. Lib. 14. Athena9i Deipnosoph. §. 13. In Cicero's familiar epistles, Brutus says to Cassius " Quid ergo est, inquis, tui consilii ? Dandus est locus fortunse ; cedendum ex Italia, migran- dum Rhodum." Lib. 11. Ep 1. And in another of Matius to Cicero, " Mihi quidem si optata contingent, quod reliquum est vitac in otio Rhodi degam." Lib. 11. Ep. 28. The emperor Tiberius passed seven Lmvs of Hho(fi's. 343 of writers liavc given testimony ; but in a more particular manner the sophist Aristides, in his two orations to the inliabitants. To him I refer my readerSj"*^ and hasten to wi)at is more properly our concern, its marithiie conse- quence and power. Here we shall meet with numerous confirmations of Cicero's remark.f In what light the Rhodians were con- sidered by the Athenians, who of all the Grecian states, stood the highest in naval power, may be collected from a variety of facts in the history of that people, but more particularly from a spirited oration of Demosthenes, wherein he laboui's to persuade his countrymen that it is both for their honour and their interest to deliver those islanders from the oppressive oligarchy under which they groaned ; and although at that time they had very little reason to expect any favour from the Athenians, justly dissatisfied with their conduct in the social war, yet of such consequence did this orator consider their alliance, that perhaps there is not extant a more laboured piece of eloquence than that which he delivered upon this occa- sion. J It did not fail to have its proper effect, and the Rhodians became once more a free people. § From this 1 7 time years of his life there, upou which occasion jMauilius has the foUuw- iug complimentary lines. " Virgiue sub casta felix tcrraque marique Est Rhodos, hospitium recturi principis orbem : Tumque Domus vere solis, cui tota sacrata est Cum caperct lumen magni sub Caesare mundi." Lib. 4. 763. edit. Bent. 1739. * Loc. cit. t See p. 340. X Utpi TTji ro)v Vaibioiv f\fv6(piai. See also Isocrates, For the Peace. § Ant. Xt'" IJ.OO. Some writers, it is true, give another account- of this matter, asserting, that it was to the deatli of tliu famo<«s Artemisia, who had confjuered their island and governed it \/itli great rigour, and not to the eloquence of Demosthenes, that Rli/^des 344 Schomberg on the time the situation of their affairs was very flourishing, and their alliance was courted successively by almost all the contending Princes; yet, upon the most prudent prin- ciples of policy, seldom adopted by powerful states, they persevered in obser\ing such a strict neutrality, that we do not hear of their being actively engaged in any dispute for more than 40 years."^ Thus they naturally increased in wealth and power, while their neighbours, constantly engaged in obstinate and expensive wars, were gradually wasting their strength and revenue. They became how- ever at last (as might reasonably be expected) an object of jealousy, and by refusing to join Antigonus, who had earnestly solicited their assistance against Ptolemy, this prince turned his whole force upon them in that famous siege, which gave rise to more ingenious instruments of destruction than any upon the records of antiquity.f Notwithstanding the shock they received from such a formidable attack, in their subsequent wars with the Byzantines and Macedonians they still maintained their usual superiority at sea; and, near a century after, in a naval engagement off the island of Chios, gave Philip the severest overthrow he ever experienced. J It was to them 18 that was indebted at this time for its freedom. See Aul. Gellius. Lib. 10, c. 18. Strabo. Lib. 14. * It was this policy which induced them to make a voluntary submission to Alexander the Great, whose arms they knew were irre- sistible, and under whose protection they had nothing to fear. Quint. Curtius. Lib. 4. Tiodorus tells us — This conqueror had a pecuHar affection for Rhodes, and deposited his will in the Archives of that city. t Ant. Xt 304. 303. Campbell, Political Survey. Vol. 1. p. 33. very justly observes that, their commercial interests naturally con- nected them with Ptolemy, Diodorus Sic. Lib. 20. Plutarch, in vit. -Oemetrii. Polyaeni Strateg. Lib. 4. cap. 6. :|: Poly bins. Lib. 16. The whole account of this naval action is wQrth consulting, for it abounds with instances of singular courage Laivs of Rhodes 345 that the eyes of Greece were turned for proteetion against the oppressive requisition of the Byzantines, who at- tempted to impose a tax upon all ships whieh entered their sea ; and Polybius declares of them at this period, that they conducted their enterprizes with such a degree of activity and zeal, that he will not scruple to pronounce them the most powerful and opulent state of Greece.* The very essential service they rendered the Romans, by harassing and cheeking the naval armaments of the Carthaginians, promoted and confirmed a long alliance between them ; an alliance to which, it is probable, that Rome was indebted for all the maritime skill she after- wards possessed, hivj has recorded a speech made by the Rhodian ambassadors to the Roman Senate, Avhich carries with it an air of haughtiness and independence very unusual in addresses to that powerful people.! The sub- ject of their embassy was nothing less than to insist that the Romans should make peace with Perseus, against whom, while they thought the cause was just, they had materially assisted them ; and at the same time a second embassy to the same purpose was dispatched to the army in Macedonia, threatening that they would turn their arms against the Romans if they refused to comply with their requisition. The consequences, however, proved extremely humiliating to the Rhodians ; the principal partisans of Perseus Avere put to death, and the ambassa- dors were obliged to appear before the senate habited in mourning, and to plead forgiveness for their insolence in a strain very opposite to their address in the preceding year. J 19 Not and skill, and conveys to us a very advantageous idea of the naval power of the Rhodians. * Lib. 4. cap. 5. f Lib. 44. ;}: Ut supra. Lib. 45. Gellius has preserved some fragments of a speech of Cato in behalf of the Rhodian Ambassadors ; among 346 Schomberg on the Not long after this, Cicero speaks of them as of a people, '^ Quorum usque ad iiostram memoriam discipliua navalis et gloria remansit/^ * though they had then very visibly begun to decline both in power and wealth, and a few years after were so far reduced that, notwithstanding they retained, according to the historian, their naval skill, they suffered a defeat at sea from the very people whom they had taught to make use of a marine force.f Thence- forth they took a less splendid part ; for though their island continued to possess all its natural and acquired advant- ages, a fruitful soil, commodious ports and arsenals, stately edifices and schools of learning, yet the national character was much degenerated from what it was in those days when, with a laudable spirit of patriotic jealousy, they would say as Aristides afterwards encouraged them in vain to say ; " We are Rhodians. Will any nation, Greek or Barbarian, contend with us on points of honour or nobility, we wiU contend with them, we will exceed them/' J Marcus Antonius was a great admirer of the 20 Ehodians which are the following remarkable words. •' Rhodienses superbos esse aiunt, id objectantes quod mihi a liberis meis minime dici velim. Sint sane superbi. Quid id ad uos attinet 1 idne irascimiui si qiiis superbior est quam nos ?" Lib. 7. cap. 3. * Pro Lege Manilla. + Appian. Lib. 4. De Bellis civilibus, §. 72. edit. Schweighjcuser. 1785. X iElius Aristides. PoStoir, nepi Ofiovoias. p. 566. Tom. 1. edit. Jebb. Oxon. 1722. C. Cassius, 41 years before Christ, plundered the city of all its pictures and statues, leaving only that of Apollo, upon which he observed, in derision, that he had left the Rhodians nothing but the , sun. How contrary this to the conduct of Demetrius upon a like occasion, who not only abstained from plunder, but, at the end of the siege, delivered to his enemies all the military machines which they had constructed ! Plut. Vit. Dera. See also, his well known beha- viour to Protogenes. The conduct of Cassius is still more reprehen- sible, when we are told that he recoii/ed his education in the island, Appian, ut supra. The historian's whole account of the general's Laws of Rhodes. 347 Rhodians it is said, and attcrnptcd to restore them to some degree of poAver, but they made siicli an ill use of his indulgencies that he was obliged to repeal them.* Under the first emperors little occurs to illustrate their history. That their condition could not have been very flourishing we may infer from an observation which Tacitus has made upon them, that the Romans granted them liberty and deprived them of it, according as they were found to deserve it by readily fulfilling their engage- ments as allies in war, or to forfeit it by their internal seditions.f And notwithstanding Pliny, who wi'ote at the beginning of Vespasian's reign, calls Rhodes " Civitas Libera et pnlcherrima," J we find, that under this very emperor it became for the first time a Roman Province. § In this state it remained, under the Greek empire, till the 7th century, when, together with other islands in those seas, it yielded to the arms of the Saracens, We have very short and imperfect accounts of this part of the Rhodian history, and few events occur worthy of being separately recorded. 21 It conference with his old prscceptor Archelaus, who was sent to depre- cate his vengeance, is highly interesting. §. 67. * Appian, ut supra. Lib. 5. §. 7. He bestowed upon them some islands in the Mediterranean, which they so severely oppressed with taxes, that they were withdrawn from their jurisdiction in the fol- lowing year. Loc. cit. The prevailing vices of the Rhodians seem to have been luxurious living and a haughty spirit; the natural conse- quences of great wealth and a long series of prosperity. Athen. Deip. 10 .k 14,15. t Tacit. Amud. Lib. 12. Yet, in the reign of Augustus, the name of a citizen of Rhodes was purchased at a considerable price, an example of which Athenajus has given us in Posidonius the Stoic. X Lib. 5. cap. 31. § Suetonius, in vit. Ve.tpos. cap. 8. Orosius. Lib. 7. For some curious specimens of Rhodian coins, see Iluberti Goltzii GrcecicB universes Numisniata. Tab. xxiii. xxiv. 348 Scliomherg on the It may not be improper to mention, that soon after Vespasian's death the island was desolated and the city totally destroyed by an earthquake. This melancholy event is spoken of by Pausanias^* and by Capitolinus in his life of Antoninus Pius, during whose reign it happened, but in a more particular manner by Aristides the Sophist, who had studied there, and retained a strong affection for the place.f His description of the calamity is extremely picturesque and affecting. He expatiates largely on the irreparable loss which all the civilized world must feel from the destruction not only of so many noble specimens of architecturCj sculpture, painting, and military engines, but from being deprived of the advantage Avhich they enjoyed of such commodious harbours and arsenals as those of Rhodes. For he adds " of all these, and various other splendid ornaments, which at once declared the surprising opulence and strength of the place, no vestige remains. Nothing now is \dsible but the bare rock on which the city stood !" J Though the humanity of Antoninus Pius induced him to attempt the restoration of Rhodes, and great sums of money were expended on the work, there is every reason to think this was but partially executed, and extended only to cleansing the harbour and rebuilding the magazines ; § 22 for * Lib. 2. cap. 7. Lib. 8. cap. 43. + In Rhodiac. p. 553, edit. Jebb. et Uepi ofiovoias, p. 571. X Ut sup. passim. In the same Oration he recommends it to them to send emissaries to different countries for the purpose of collecting contributions for restoring the city, p. 360, and again Tlepi ojjiovoias, p. 274. a custom not uncommon in other instances of the same kind in ancient times ; and which, as Polybius observes, had been practised before by the Rhodians on a similar occasion with great success. Lib. 5. § Pausauias, Arcad. lib. 8, dwells upon this admirable trait in Antonine's character, which had shewn itself upon many other occasions. Lidi'S of I^hodes. 349 for from tins period it is meutioncd as a convenient and much frequented port : but we hear nothing of the learn- ing, the valour, or the opulence of its inhabitants. After groaning long under the Saracen yoke, it seemed to recover something of its ancient spirit in the hands of its next possessors, the famous Hospitalers or Kniglits of St. John of Jerusalem, who maintained their ground from the opening of the 14th century till the year 1521 ; when, after incredil)le efforts of bravery and skill, they were finally driven out by the victorious arras of Solyman the Magnificent. Since that time the island has remained in the hands of the Turks.^ It is not to our present pur- 23 pose * Before the Hospitalers were dispossessed, they were known by the name of Knights of Rhodes. After their expulsion they wandered in search of a place of settlement for more than eight years, and being at last put in possession of Malta by Charles the Fifth, they adopted the name of that island, which they still maintain, together with a very watchful jealousy over the Turks, and inhabitants of the Barbary Coast. If we may rely on the public papers, the ancient spirit of these islanders has not yet forsaken them ; for we there read of a very gallant action with a superior number of Tunisian Gallies, in which the Maltese admiral obtained a complete victory. Morning Chron. Dec. 9. 1785. It is somewhat singular that the history cff this people, which exhibits such a splendid detail of events, should remain so little known. Their unparalleled exertions for almost two centuries against the infidels ; the admirable traits of civil wisdom in their government; the characters and the conduct of an illustrious succession of Grand Masters, whose extensive alliances rendered them respectable at all the courts of Europe, and formidable to that power, whose arras were then irresistible in the East, necessarily furnish very striking and instructive examples. Their last attempt to repel the infidels, though unsuccessful, abounds with more instances of true magnani- mity than are to be met with in any other histcry of so short a period. See Jac. Bosio. Istorin ddhi Hue. religione et ill"" militia di San. O'iov. (Jierosolim, part. 2. lib. 1. and particularly lib. 2. part. 2. for an epistolary address of the Grand Master to all the Christian princes of P>urope. Their history is also written by I'Abb^ Vertot, in 4 vols. 8vo. N.B. The Hospitalers came into England about the year lion, and 350 ScJiomberg on the pose to dwell on the history of those religious militants, it is sufficient to observe, that although (agreeably to the spirit of their institution) they never encouraged commer- cial intercourse among themselves, they have always been very strenuous defenders of the traffic carried on in their seas by other powers ; and that their expulsion from Rhodes must consequently have proved detrimental to the Levant trade, of which they constantly professed them- selves the protectors.'^ That nations of much higher antiquity than the Rhodians had cultivated the art of navigation both with military and commercial views, and had carried it to a considerable perfection, there is the clearest evidence. Eusebius has given them the fourth place only in his catalogue of maritime states, who obtained the sovereignty of the sea, and fixes it at about 900 years before the Christian iEra, almost two centuries prior to the founda- tion of Rome.f But though the Rhodians cannot claim the honour of being the earliest navigators, they have an undoubted right to a much nobler praise, that of being the first legislators of the sea : for there is nothing upon record which can lead, us to suppose any of those maritime powers which preceded them had ever appeared in that 2i character. were held in such esteem that their Superior was the first lay baron, and had a seat among the lords in parliament. At the Reformation they shared the fate of the other religious orders, and were totally suppressed, 32 Hen. VIII. c. 24. * Morgan's Hist, of Algiers, vol. 1. t The first in order are the Cretans, 1406 years before Christ : next are the Lydians, 1179 : thirdly the Thracians 1000 ; and fourthly the Rhodians, 916 years before Christ ; which, according to the Marbles, is the age in which Homer flourished. Euseb. Chro- nicon. Lib. 2. This part of his information, the chronologist tells us, ho derived from a work of Castor the Rhodian Ilfpt to>u BaXaa- o-oKpaTr]aavTai'. Laws of Rhodes. 351 character. There is therefore great truth as well as spirit ill the assertion of an ancient jurist — " That to erect as it were a throne for justice, on the ocean, and to teach her to rejifulate the transactions of man on that unstable element, with the same firmness and precision as on land, was a grand and an original idea of the Rhodians." ^ It is impossible to fix with any certainty the precise time when these celebrated sea laws were first compiled. Harmenopulus of Thessalonica, a juridical writer of the 12th centiiry, gives them the pre-eminence over all others as well in antiquUij as authority, but does not tell us at what period they first appeared. f The most general opinion seems to be that they were probably compiled about nine centuries before the Christian -^ra, or soon after that time, when^ as we have already seen, Rhodes first acquired the superiority on the seas, and maintained it for the space of 21 years. if There are some indeed who have called in question their great antiquity, attributing them to that age when the city of Rhodes was founded ; which, according to Strabo, was in the days of the administration of Pericles at Athens, consequently five centuries later than is usually conceived. But the geo- grapher in the very chapter which contains this informa- tion, seems to have been aware that a conjecture of this sort might arise, and therefore warns his readers not to date the naval skill of the Rhodians from this event; for, says he, they were very famous as a sea-faring people even before the institution of the Olympiads. § After all, 25 as * Docimus. In Tractat. Tactatuum. Tom. 9. p. 642. t Procheiridion Juris. Lib. 2. tit. 11. X Eusebius ut supra. The learned Selden says they wore com- piled in the days of Jehosaphat, which agrees with this period. Mare claiisum. Lib. 1. cap. 10. § Strabo. O'eoqrajih. Lib. 14. The first Olympiad, according to the received mode of reckoning at present, was 770 years before 352 Schomherg on the as there is no express authority for the date of these laws, this part of their history must rest solely upon conjecture; nor can we boast of much accurate information on a point of greater moment, the time of their reception at Rome, and the degree of influence they held there ; though here indeed our authorities are somewhat more clear and satisfactory. Before the sera of imperial Rome the subject is entirely involved in obscurity. From what Cicero says in admira- tion of the naval discipline of Rhodes,* no inference, I think, can be drawn of its regulating the Roman marine at that time ; indeed, from the silence of this writer in many places, where he had an opportunity of introducing some notices of those laws, it may be presumed they were not collectively extant at Rome in his days, though it appears probable that many of them were separately admitted before that period. f If any reliance can be placed on those fragments of imperial edicts, usually prefixed to what is called a collection of Rhodian laws, we must fix their first formal reception at Rome in the reign of Tiberius Claudius, whose sanction appears at the head of the compilation. :[: There is certainly no emperor under whom an event of this sort was more likely to happen. We have numerous instances of his attention to maritime aff'airs, and of his particular aff'ection for Rhodes. In the Roman code are two Acts of Senate ratified by 26 him, Christ, which makes Strabo's account coincide with that of Eusebius, and with the conjecture of Selden, * Pro Lege Manilia. t Dig. Lib. 14. tit. 2. De Jactu. X These fragments, as well as the laws themselves, are in Greek. They are adopted by Leunclavius in his Jus Grceco Romanum, and by Peckius in his Collection of the Rhodian Laws: though many are inclined to suspect their authenticity. Gothofred thinks them an epitome of some larger Edicts at the head of an original compilation made by Michael Psellus, or some writer of that epitomizing age. De Imperio Maris, cap. 8. Lcms of Rhodes. 353 him, for protecting the persons and property of the ship- wrecked.^ Suetonius has recorded various other acts for the regulation of commerce and the improvement of sea ports_, especially that most material of all to the Roman people, the port of Ostia.f To this may be added the great privileges granted by him to such as should build merchant ships, and that remarkable indulgence with which he induced the corn-traders to put to sea in the winter 4 His regard for the Rliodians appeared upon a variety of occasions, and of this he gave them a most signal proof, by restoring them their liberties when he was laying many of the neighbouring states under heavy restrictions. § From the words of this emperor's edict in favour of the Rhodian laws, it appears, that a body of mariners and merchants had petitioned him to give the laws of contribu- tion, which hitherto had been partially applied, a general extent. II In consequence of which, by the advice of Nero, commissioners were sent to Rhodes to make the strictest enquiries into their maritime code, and from the articles specified in theii' commission it certainly must have been very comprehensive. They were to consult all the laws respecting mariners, ship's masters, merchants and pas- sengers ; freight, partnership and bargains ; trusts and pledges; and besides this were to observe the form of 27 theb- * Cod. Lib. 11. Tit. A.b. De Tncendio, RuiiiA, Naufragio. t The situation of this port shews, that not only the trade, but, in a great measure, the subsistence of Rome, must have depended upon it. X " Negotiatoribus certa Lucra proposuit, mscepto in se damno, si cui quid per tempestates accidisset," Sueton. Vit. Claud, cap. 18. Some writers think they discover the origin of Insuraiice in this Act of Claudius. iloUoy. De Jure Maritimo et Navali. B, 2. cap. 7. §. 1. § Sueton. ut sup. cap. 25. II See this matter fully explained below, where the lavj of ejection is treated of. 354 Schomherg on the their vessels, the manner of constructing them, and to make enquiries into every circumstance that had any connection with naval matters.* This commission Claudius confirmed by a public decree, and delivered it signed with his own hand to the consul Antoninus. There are some who contend that the whole of this transaction is to be referred to the reign of Tiberius, the successor of Augustus Cseaar, founding their opinion upon the great affection which this emperor had for Rhodes, and the favour he shewed to its magistrates and men of learning.f But plausible as this appears, the supposition is destroyed by the very words of the edict, which are so plain that it is surprising any doubt should have arisen on the subject. In the first place it was made at the suggestion of Nero, the successor of Claudius, whose partiality for that island was manifested on a variety of occasions. It is reported of him, when he dispatched Crato into Greece to collect the most curious Avorks of art and bring them to Rome, that he excepted Rhodes, and ordered him to remove nothing out of that island. Tacitus says, that it was in a great measure owing to his persuasion too that Claudius restored its liberties.^ 28 In * Jics Navale Rhodiorum, in Principio. Allowing the authenti- city of this Edict, Rome is more indebted to Greece for legislation than is usually imagined by those who only take into consideration the embassy which produced the decemviral code. t The emperor himself resided in the island seven years. See p. 342, Note. X Annal. Lib. 12. It was probably on this occasion that the following epigram was written. Gf napos, af\tov, vvv Kaicrapos tj Podos'eifii Nacrof, laov 6' avx<^ (f)eyyos ott' a/i0orepo)j/, HStj cr^evvvvjxevav fie vea KnTt(f)coTi(Tfv uktis AXte, KOI napa aov (peyyos fXafiy^re Nf pov. IIws eiTTco ; rivi jjloXKov o(f)€i\op.ai ; os pev ebfi^ev E^ akos^ OS 8' ribr} pvaaro dvopevrjv. Lib, 1. Antholog. Antiphili Epig. cap. us pt](tovs. Lmos of Rlwdes. 355 lu the next place we are told the edict was delivered to the Consul Antoninus, who can be no other than that Q. Aterius Antoninus, the colleague of D. Junius Silanus, during whose office, according to Tacitus, Rhodes obtained her freedom.* After Tiberius Claudius, the next sanction which the Rhodian laws are supposed to have received, was from Vespasian, who in general terms is said to have confirmed them by an act of senate, in the consulship of Laurus and Agrippinus. There appears, however, to be some- thing suspicious in the account, for it not only wants the concurrence of historians, none of whom take the least notice of the event, but the names of the consuls under whom it took place are not to be met with in the Fasti Consulares.f From Trajan they seem to have received no fresh authority, for neither this emperor or Adrian are recorded to have done more than express their general approbation of them in the senate. J The last fragment in this collec- tion is a rescript of Antoninus Pius, which as it is well authenticated, will be more particularly considered below, in treating of the law De Jactu, of which it forms one of the most curious paragraphs. We may reasonably ask, why laws once established by 29 proper Nero was at this time only sixteen years old. Thee, Phoebus, once, now Ccesar I obey, In splendour equal to the God of Day, O'er my deserted isle new lustre streams, And Nero's glories darken Phoebus' beams ! Say, most my partial thanks shall Phoebus claim, Or shall I reverence most a Nero's name ? That gave me first from ocean's gulf to rise, This rais'd my sinking glory to the skies ! * Loc. cit. A.B. 5.5. t Gothofred. De Imperio Maris, cap. 10. J In the Code, Lib. 11. tit. 4, 5. De incendio, &c. is a law of 35Cf Schomberg on the proper authority, should afterward require such frequent confirmation? and this can be explained only by supposing it to have been a necessary declaration of the emperor's good will towards the island, whenever it was restored to forfeited liberty : an act, the frequency of which we have had occasion already to remark.'^ Thus it appears that the binding authority of the Ehodian Laws at Rome depended solely on the imperial sanction, from which, it must be observed, that the influence they derived was merely conditional, and was not permitted to operate to the contradiction or derogation of the national laws. They were considered, as the laws of Oleron are by many of the maritime states of Europe, in the light of ratio script a, as voluntary, not as necessary law ; and, as a code of equity and general justice, were applied in all naval suits, with the exception, however, of some particu- lar laws, whose features were too severe to gain them admission into a system of polity so mild and reasonable as that of Kome.f Upon this head a jurist of the Greek empire has observed, that there seems to have been two evils which attended the original Rhodian laws, namely, the dishonesty of those who were to interpret and apply them; and that, which attends all human institutions, an obscui'ity in their meaning from the necessary revolutions in the customs and manners of the world. The first evil gave rise to that cloud of glosses and conceits which have obscured, rather than elucidated, the original; and from the other have proceeded those 30 various Adrian, which ordains, that the plunder of a wreck shall be repaid by the proprietor of the land on which the ship was cast. * p. 32. t One of the laws rejected by the Romans, as unreasonably severe, was that which condemned to immediate sale any ship of war driven into a foreign port, even though no dispute subsisted between the parties. Laios of Rhodes. 357 various laws which sprang up, as occasion required, and ■which having never been formed into a separate body, it is now become difficult, and, in most cases, impossible to distinguish from the ancient code.* It is much to be lamented that so valuable a system of marine regulations, should not have survived in better condition. " Justinian, (as Molloy expresses it) was an obsequious admirer of the Rhodian laws and incorporated them into his inestimable pandects. '^t Still we must regret, that they do not appear there in their original form and language. They are scattered so promiscuously over this immense compila- tion, and are besides so involved in the questions and interpretations of the jurists, that for want of being properly specified by name, when they occur, they cannot with any certainty be selected from that body of maritime law which gradually accumulated under the emperors. I am aware that many ingenious civilians have exhibited a collection of naval regulations under the denomination of the Rhodian laws, and have accompanied it Avith learned observations ; and moreover that this collection has been adopted without scruple by some excellent writers on maritime aflfairs as authentic. J Simon Schardius pub- lished it in the middle of the sixteenth century, with a Latin translation in 41 distinct titles, from a MS., he tells us, in the gi-eat Pithou's library, and this is the same 31 copy * Docimus. 7;i Calcem Groeco-Romanu Edit. Freher. t Introduction to his Book " De Jure Maritimo et Navali.'* X Morisoti. Orlis Mantimus, Lib. 1. cap. 30. A book rich in materials for that great desideratum, a good commercial history ; which being, as I\rontesquieu has observed, a history of the commu- nication of manl-iiul, must necessarily abound in events the most interesting and important, that can occupy the attention of a social being : he adds in the next chapter, that, the history of luxury would make a splendid part of this narrative. Esp. des Loix. Liv. 21. cap. 5 et 6. Postlethwayte's Translation of M. Savary's Dictionary of Commerce. Vol. 2. Art. Rhodes. 353 Schomherg on the copy which has been used by Marquhard, Freher, and Leunclavius, in their editions of the Jus Grceco-Romanum. Some few years after SchardiuSj a collection of the same kind was published imperfectly by Pet. Peckius, whose work has been since completed by Binnius from a MS. in the library of Nic. Heinsius.* But, after all, it is scarcely probable that these laws in their present form should be of Rhodian extraction ; for, though they are said to have been selected from Justinian^s laws, they will be found upon comparison to bear very little analogy to any mari- time cases in the Pandects. Add to this, that the Greek in which they are written is far from being pure. It abounds with those barbarisms which the language con- tracted at Constantinople. Balduin, in short (a profound antiquary and an accurate civilian) does not hesitate to pronounce at once of them (somewhat too harshly indeed) that they are " crude farragoes of naval matters." f They 33 form * There is a JNIS. of these laws in the Bodleian library, num. 264. 18. presented among others to the University, at the instance of Archbishop Laud, by Sir Thomas Roe, ambassador from King James I. to the Great Mogul, and afterwards to the Ottoman Court. t De Lege Rhodid Comment, p. 193. edit. Basil. To save those, who wish to consult these cases, the trouble of searching for them through the Corpus Juris Civilis, I have here set down with their proper i-eferences some of the principal titles, that bear any rehxtion to navigation and commerce. De Negotiis gestis. Dig. lib. 3. tit. 5. — Nautse. Cauponis, Stabularii ut recepta restituant, 4. tit. 9. — De Exercitoria Actione, 14. — tit. 1. et Cod. lib. 4. tit. 25 — Ad Legem Rhodiam, de Jactu, eod. tit. 2. — De Institoria Actione, eod. tit. 3. et C. 4. tit. 25.— De nautico faenore, 22. tit. 2. et C. 4, tit. 33. — De incendio, ruina et naufragio, 47. tit. 9. — De com- merciis et mercatoribus, C. 4. tit. 63.— De annonis et tributis, C, 10. tit. 16.— De Classicis, C. 11. tit. 12. — De litorum et itinerum custodia, C. 12. tit. 45. — De naviculariis, sen uaucleris, publicas species transportantibus, C. 11. tit. 1. — De praediis et omnibus rebus naviculariorum, eod. tit. eod. — De navibus non excusandis, eod. tit. 3.— Ne quid oneri publico ponatur, eod. tit. 4.— De nau- fragio, eod. tit. 5. — De nauticis usuris, Authent. CoUat. 8. tit. 6. Laws of Rhodes. 359 form a complete title in the Basilical Code and from this circuinstauce to<^etlicr with much internal evidence (not- withstanding that they are said to be extracted from the 14th book of the Pandects) it is highly probable that they are a compilation of the 9th or 10th century.* It is not necessary to enter into a particular exposition of them. For this I must refer my reader to some of the works I have mentioned, particularly to that of Vinnius, in whose commentaries he will find much historical and juridical information. The whole collection consists of 51 articles, all of them immediately relative to maritime aflfairs. The form however in which they are presented to us appears to be rather defective in point of order and perspicuity. In some places, for instance, laws of the same tendency are separated by those of a very opposite complexion, and in others, articles are connected together, whose subjects do not seem to bear any affinity .f To consider it as a mai'ine code, it is far from being complete, but if we allow its pretensions to originality and view it as a remnant saved from the wreck of time and barbarism, it certainly affords an extremely valuable specimen of ancient jurisprudence, since fortunately there are very few circumstances of any considerable importance for which it does not in some measure provide. Such as for the hiring and freighting of ships — the transporting of passengers and goods — the delivering of things received in good condition — the borrowing and trusting of money 33 for Besides these there are some others, of which little more thau the bare titles are extaut, that relate chiefly to the wages, privileges, aud punishments of seamen. * Lib. 5. 3. tit. 8. t This is the case with Articles 9 and 10, which are separated from the rest, on ejection aud shipwreck, by a variety of laws respecting contracts, freight, &c. neither is there any obvious corres- pondence between the 7th, bth aud 9th articles. Basilic. Lib. 53. tit. 8. 360 Schomherg on the for sea voyages^ — the duties, wages &c. of mariners, and above all, the rate and quality of contributions for losses in common danger and for the salvage of goods : indeed if we even agree to pronounce it a compilation of the lower empire, its value will still be great, as we may fairly conclude it to have been used as an epitome or manual formed out of some original code. The objection made to its present form, might easily be removed, as it is capable of very methodical arrangement. The whole for instance, might not improperly be divided into two parts, mercantile law and nautical law; and each of these be considered under the two separate heads of civil and criminal jurisdiction. In the first part would be comprized all those articles which have any reference to commercial intercourse, such as freight, average, salvage, loans,* and all bargains respecting contingencies to which a vessel is liable before its departure during the voyage, and on its return to port.f To the second part would belong such laws as regulate the conduct of the master, the mariners, and the passengers, towards each other; their manage- ment and care of the vessel, and the privileges, duties, and wages, allotted to their several stations.^ When this arrangement was made, the second distribution into criminal and judicial law would be obvious, § and if into 3i this * The ancients always observed a distinction between the interest of money lent by laud and by sea ; the latter (called by the moderns Bottomry) was by them termed Foenus Nauticitm, which, on account of the great hazard of the lender, was permitted to be exceedingly high. See this fully treated of, Dig. Lib. 22. tit. 1, De usuris, &c. and tit. 2. De Nautico Foenore ; and, for the modern practice, Molloy, De Jure Marit et Navali. Book 2. chap. 11. t See, in particular, Art. 9. 11. from 16. to 24. 27. 37. 42. 43. 44. 45. 46. and Articles 10. 27. 29. 30. 32. 41. which treat of shipwreck. t particularly Art, from 1 to 8. and 12. 13. 15. 34. 36. 38. 48. 50. 51. § The laws which may strictly be called 2'>enal, are contained in the eight first Articles, and in Articles 12. 13. 15. 38. 48. 50. 51. Laws of Rhodes. 361 this collection were incorporated under their proper heads, all the other sea laws which occur in the Roman code, such as the opinions and commentaries of the old jurists in the Pandects with the imperial constitutions contained in the code and novels, we should then obtain perhaps some clear idea of what at present lies in a very dark and deranged condition, the state of the ancient maritime law* It is worthy of remark that among the Rhodian laws, those of shipwreck and distress at sea occur most fre- quently. The arts of ship-building and of navigation, though zealously cultivated by many nations of antiquity, were, if compared with their present state, extremely rude and imperfect. The outward form and structure of their ships was ill contrived for security or expedition, even in the most prosperous weather, and rendered them in tempests totally unmanageable ; nor was it much improved by the shape or disposition of the sails and rigging.f If to these defects we add the moderate skill of mariners, for the most part confined to particular coasts, ignorant of any fixed principles of their art and unassisted by that infallible guide of modern navigators, the compass : can we be surprized at the caution with which they entered on a voyage ? or at the extreme care of the legislature in preparing them to surmount the various accidents to 35 which * Dr. Zouch's small but comprehensive work, Descriptio Juris et Judicii Maritiraiy is too elementary, though perhaps if it were pub- lished with a commentary and notes illustrative of modern sea laws and usages, it would sufficiently answer the purpose. Peckius and Schardius are too much occupied in verbal criticism to afford any satisfactory expositions of their subject. See their editions of the Naval Laws of Rhodes. t Montesquieu has treated particularly of this matter. Esprit des Loix. Liv. 21. G. and recites many curious facts of commercial geography. 362 Schomherg on the which they were so liable?* What is here advanced must not be understood to contradict any former asser- tions of the nautical skill which many nations of antiquity displayed; for it is founded merely on a comparison of their efforts with the improved exertions of modern days. Whoever consults the remarkable facts on this head col- lected with infinite labour and discernment^ by Huet, in his instructive History of the Navigation and Commerce of the Ancients, must be struck with the number, bold- ness and extent of naval expeditions carried on uuder such disadvantageous circumstances. In short considering the various obstacles which those early mariners had to encounter, and the few motives to encourage them, instead of arraigning their ignorance, we ought rather to admire the progress they made in an art, which, of all others, most requires the accumulated labour, ingenuity and experience of ages to bring it to any degree of perfectionf. Though it was my original design to have confined these enquiries to some leading historical facts relative to the ancient sea laws, I cannot avoid giving the following specimen of their wisdom and equity. The celebrated law of ejection, as it is called,^ which forms the second title 36 in * See the writers De re Naval i, in the 11th vol, of Gronovius's Thesaurus Antiquitatum Orcecarum, particularly Lazarus Bayfius, who has given plates of various kinds of ships and naval implements, from antique marbles, medals, and has reliefs. The curious reader will also find much information with respect to the state of the ancient marine establishment in the 22d and six following chapters of the first Book of Morisotus, with a good collection of naval coins and inscriptions. t Piracy was not the least of the dangers which attended Navi- gation in those days. Justin says, that, among many nations, " Latrociaium Maris Glorias habeatur." Lib. 43. cap. 3. and Montes- quieu gives some good reasons for their contracted intercourse by Sea. Liv. 21. 7. X De Lege Rhodid, De Jactu. i Laics of Rhodes. 363 in the fourteenth Book of the Digests, has always been considered as an extract of indubitable authenticity. It contains various provisions for security against danger and for reparation of losses sustained at sea, particularly in cases of shipwreck. Each of the articles of which it is composed, appears to have been derived from some origi- nal code of lihodian law, and is illustrated by the com- ments and opinions of the most learned jurists. From their works they were again selected by the compilers of the Digests, and arranged by them in their present form. The adversaries of Justinian might here perhaps with some shew of justice give vent to the spirit of anti-tribo- nianism ; for there is great reason to suppose that many other articles of similar tendency, which occur in the imperial law, were drawn from the same source, though it is in this article alone that any such acknowledgment, cither express or implied, can be found. It would be well also if on this occasion as on many more, the carelessness and inaccuracy of the compilers were the only things complained of by their enemies, who have seldom omitted an opportunity of imputing to their disingenuity those losses, which more candid minds would attribute to the natural decay of time, and the ravages of barbarism.* But to return. It is provided by the Rhodian law, that "if for the sake of lightening a ship in danger at sea an ejection shall take place, that which was given up for the general good, shall be replaced according to the proportion of what is saved, by a general contribution. " f Nothing can be 37 more * An ingenious civilian, now living, speaking of Justinian'sboing suspected to have destroyed the original works from which his compilers copied, humourously compared his conduct to that of a clumsy artist, who having been employed to paint the sign of a badger, set persons to destroy all the badgers in the neighbourhood, with a view of preventing a discovery of his unskilful imitation, t Dib. Lib. 14. Tit. 2. De Lege Wwdid, De Jactu. § 1. 364 Schomherg on the more equitably devised than this law^ wliicli has by its intrinsic merit gained admission into all the marine codes of succeeding times.* To render this act of ejection perfectly legal, it must be observed, that the three follow- ing cases ought to concur : First, the ship must be in evident danger of perishing v,iih. her cargo, secondly, the resolution taken by the captain on this occasion, must be in consequence of a consultation held with his officers and crew on the subject, and lastly, the ship and cargo must appear to have been saved by these means. Agreeably to these three axioms it is to be concluded, that the partial loss, thus voluntarily incurred to prevent a total one of the ship and cargo, ought to be equally borne by the ship and her remaining lading.f After this general position, we have a variety of cases stated, and some particular rules and exceptions specified. For instance, " they, whose property has suffered ejection upon the foregoing terms, shall have action against the master of the ship, and the master against those who saved their property in consequence of the ejection, in order that the loss may fall equal." J This is in exact conformity with a well known maxim at this day, namely, that as the common law looks upon 38 the * " William the Conqueror and Hen. 1st, made and ratified this law, concerning goods cast overboard by mariners in a storm, in imitation of the ancient Rhodian law, De Jactu." Molloy, De Jure maritimo et navali. Book 2 chap. 6. See also Miege's Laics of Oleron. Art. 8, 9, 10 the Wisbuy Laus, Art. 20, 21, 38, 46. and the laws of the Hanse Towns, Tit. 8, 9. with Reinold Kuricke's Commentary. N.B. — All these may be found in Malyne's Lex Mercatoria. •f Beauw. Lex Mercatoria. Article Salvage, p. 135, tc. And this conforms with the rule of modern practice, which holds that average is only admissible in cases where the loss of one man's goods contributes to the safety of another's, and not in all cases of a partial loss at sea. Shower's Cases in Parliament. 20. X Tit. 2. § 2. Laics of Rhodes. 365 the goods and cargo as a pledge for the freight, so the marine law looks upon thcra as a security for ansAvcring any average or contribution, and with this view, the master is bound not to deliver the goods till the contribu- tion is settled, they being tacitly obliged for the one as well as the other.* " For any damage sustained by the ship and its tackle by a storm, no contribution can be demanded ; any more than an artificer who shall break or injure his tools, can require reparation from the person for whom he was working/'t " But if (as it is specified afterwards) this damage did not arise by storm, but was voluntarily incurred, and with the general consent ; then, in confor- mity with the first clause, it must come into the con- tribution." X " Every kind of goods, even jewels, money, &c. which could not have been a burthen to the ship, are neverthe- less not exempted from contribution. Indeed it should seem reasonable that their proportion ought to be greater according to their value. But apparel in use, provisions, and all things necessary for the sustenance of the crew, are exempt." " In settling the terms of contribution, the goods lost, are not to be valued at what they might fetch if carried to market, but according to the original price they were purchased at ; and on the contrary the goods, which are to contribute, must be estimated not at what they origi- nally cost, but at what they will sell for. Quoniam (as it is expressed) detrimenti non lucri sit praestatio." § 39 " When * Molloy. Book 2. chap. G. ^. 7. t Tit. 2. §. 2. xMoUoy. Loc. cit. % Tit. 2. §. 2. § The modern custom has been, that if goods are thrown over before half the voyage is complete, then tliey are to be valued at the price they cost ; if after half the voyage, then at the price which goods of the same quality shall sell for at the place of the ship's 366 Schomherg on the " When in order to lighten a ship coming into port, part of the cargo is put into a skiff or boat, and this shall perish in the sea, the ship being saved, a contribution is required, to indemnify those, whose property was thus, as if by ejection, sacrificed for the general good. But if the ship perish and the boat be preserved, no contribution is to take place ; because it is never allowed but where ships arrive safe." * If in a storm by an ejection of one man's property the ship be saved for a time and afterwards perish, and it so happen that the goods then on board are picked up by divers,t they must be contributory to the ejected goods, 40 which discharge. In many cases, however, the Rhodian law still continues in force. Beauw. Loc. cit. Molloy. Loc. cit. * By the law of the Admiralty, if a ship be lost before her unloading, no freight shall be paid, but every one must bear his part of the loss, and in such case even the mariners lose their wages. Molloy. B. 2. Chap. 4. and B. 2. Chap. 3. 6. 7. For, as it is observed, freight is the mother of wages, and wherever freight is due wages are due also, and vice versa, provided the mariners have honestly per- formed their parts. 1 . 3 e acquir. possess, et rerum Dominio. et Cod. lib. 11. Tit. 4 and 5. Antoninus, very humanely altered this rule, declaring, that in cases of distress " Fiscus mens sese nou iuterpouat. Quod enim jus habeat fiscus in aliena calamitate, ut de re tarn luctuosS; compendium sectetur ? " Cod. Lib. 11, tit. 5, De Navfragiis. This reminds us of an ordonnance of Louis the XlVth, which sets aside the old law, and permits the proprietors of shipwrecked goods to reclaim them within a year and a day, paving the expence of salvage. Ordon. de la Marine Art. 29, tit. 9, Liv. 4. and we are informed that even after this prescribed time the claimers might recover them. " Le Roi s, cap. 47. Hoveden's Annals, fol. 678. By a law of Sicily A.D. 1221 the plunder of shipwrecked goods was made capital. Pragmatic. Regni ^icilice. Panorm. 1647. Indeed a person under these circumstances was an object of protection by the laws of almost all the civilized states of antiquity. NAYArOS J/KO) |ei/oy, A2YAHT0N yevos " Being a shipwrecked stranger, I am a person who ought not to be plundered." Euripid. Helen, ver. 456. And the acute author of Observations on the Statutes chiefly the more ancient, thinks it " much to the honour of humanity, that in every part of the globe, where any sort of civil policy prevails, making prisoners those who are shipwrecked on their coasts, is pecu- liar to Japan ; nor was this barbarian practice introduced among them till after the expulsion of the Portuguese, Avho had made very unjustifiable attempts on their religion and govermnent." p. 17. Laws of Rhodes. 373 attempted to deny, that any nation or prince, ever did or can, with justice, claim an exclusive right over the seas. I cannot, however, quit the consideration of this law without taking notice of a very singular correction of Antoninus's answer given us by Samuel Petit. Instead of o 8e NOMOS tj;? 0a\aa-ar)<;,'he reads, o SeANEMOS, which he thus explains ; " with regard to your shipwreck I can give no redress, nor is it in my power to prevent it in future. I am lord of the land it is true, but the wind commands the sea ; and he then proceeds, as to a second clause in the answer, to refer him to the Rhodian code for relief against his plunderers.'^ * 47 Having * Miscellan. 3, cap. 11. With respect to the argument De Maris Dominio, there are very early records that nations of high antiquity, claimed and held an exclusive sovereignty over certain seas : for example, it is shewn in the conditions of that treaty between Athens and Lacedfemon in the fourth Book of Thucydides, and in those which are to be found in the third Book of Polybius, between Rome and Carthage. The inferences which can be drawn from the opinions of the Roman lawyers on this article are very indecisive, for if one has asserted, " Mare esse in primaevo jure quo omnia erant comrmmia .'" another contends, " Videmus, de jure gentium, in Mare esse regim distincta, sicut in terra." Dion Chrysostom in his 34th oration says, that Trajan, in extend- ing certain privileges to Tharsus, gave her right and dominion over the river (Cydnus) and over the adjacent seas, and in Dig. Lib. 4. tit, De rerum Divisione, we find the emperor Antoninus communicating the same right to the fishermen of Formia. The exclusive privileges enjoyed by private individuals on the sea, for the purposes of luxury, were derived also from imperial authority, and serve for frequent topics of ridicule, though never of complaint, to the Roman writers; which would scarcely be the case, had they been considered as usur- pations. See Pliny, JJist. Xat. Lib. 9. cap. 54. Sallust, Bell. Catilin. §.17. iALirtial. Lib. 10, Epig. 30. For what regards our own country in this dispute, it may be proved, by many ancient records, and by a scries of undeniable evidence brought down through various ages, that the kings of England did very early claim to be, and were acknowledged sovereigns of the sea, so much of it at least, as is the object of the controversy. 374 Schomherg on the Having thus endeavoured historically to trace the origin, progress -and influence of the Rhodian laws at Rome, in as clear a manner as the imperfection of the materials will permit, and to give a slight specimen of their character, it remains to enquire in a summary waj'", what was their fate after the dissolution of the Roman 48 empire 4 Instit. 142. Selden. Mare Clau&um. c. 27. For I apprehend the warmest advocates for exclusive privilege thereon, never attempted to extend it either to the Atlantic, or the Southern Ocean. Thus king Edgar is said Quatuor maria vindicare, and Sir J, Burroughs cites a record in the Tower, having for its title " Of the Sovereign of the English Seas, and the Office of Admiral thereon." Sovereignty of the British Seas asserted, p. 7. and Edward III. calls himself and his predecessors, " Domini Maris Anglicani circumquaque et etiam De- fensores" Selden, notes on Fortesc. c. 32. " The extent of this dominion was particularly ascertained by a treaty at Westm. Feb. 9. 1673-4, to be from Cape Finisterre, to the middle point of the Land Van Staten in Norway. The duty of the flag, which is a consecutive acknowJegment of this dominion, is as old as the reign of king John, since whose time it has been constantly asserted by his successors. This mark of respect indeed had always appeared to foreigners so unquestionably our right, that the first instance of its being inserted as an article in any treaty was in the year 1653. Treaty of Peace between the Com- monu-ealth of England, and the United Provinces. Art. 15. It is worthy of remark that, at the very time when the warmth of this controversy had excited a general jealousy concerning the imperium Maris, the Venetians asserted their right over the Adriatic in a memorable instance. They insisted upon, and obtained the privilege of transporting from Naples to Trieste, the king of Spain's sister, who was espoused to the king of Hungary, threatening, that if the Spaniards should presume to send any ships into their gulph for this purpose, they would attack them as enemies to the republic. A.D. 1630. Paucius. De Dominio Maris Adriatici. L. 2, c. 6, and thus by one illustrious example they eiFectually put to silence all the learned arguments of their adversaries. N.B. — A fruitless attempt was made about half a century ago, to revive the controversy by Mons. Deslande in his Essay on maritime power, to which he appears to have been instigated by the Count de Maurepas, intendant of the French marine. Lcuus of Rhodes. 375 empire liad produced a total change in the inhabitants, manners and language of Europe. The successive inundations of northern barbarism in the 5th and 6th centuries, and tlie ravages of the Saracens on the coasts and islands of the ISIediterranean sea in the 7th, necessarily gave a check to every species of liberal communication, and thus proved equally fatal to the interests of literature and of commerce. The latter in particular received a very severe blow, by the extinction of the Indian trade, which had long been the principal branch carried on in the Greek empire, by the way of Egypt. This was effectually cut off when the Saracens took possession of Alexandria. It is not however to be understood that commercial intercourse was totally ob- structed. It still feebly subsisted, but the mode of carry- ing it on was changed. The merchant, unwilling to transport his property over an element infested by a lawless enemy, to whose arms most of the maritime powers had yielded, and finding the principal ports and harbours either deserted or in possession of a people more inclined to i)lunder than traffic, sought other channels of communication. The exchange of commodities was, during this period, chiefly transacted by means of inland traders or travelling merchants, who for this purpose established staples and enterpots, and thus contributed to aggrandize many of those towns which since have made so conspicuous a figure in Germany and the Netherlands.* The foundation of many new commercial states was also laid in these ages, and, as the ancient channels became dry or ob- structed, fresh sources of trade began to open on the western and southern coasts of Europe. f 49 The * Anderson's History of Commerce. Vol. 1 , p. 432. t Anderson ut supra p. 235. Cedreni Compend. Hist. Par. 2. p. 477. Edit. Paris. Ockley's Conquests of the Saracem. 376 Schomherg on the The conquests of Charlemagne in Italy, and his esta- blishment of Christianity in the north, are considered, by some writers, as the causes of the revival of maritime commerce, since at the same time that he diffused a liberal and communicative spirit by the introduction of the true religion, he removed in a great measure the principal obstacles to its gratification, by scowering the sea of pirates and rendering that passage from the north to the south more safe and commodious. But perhaps we are to look further back for the true cause. The furious ravages of Attila, the Hun, in the 5th century, compelled many of the distressed inhabitants of Italy to seek for safety in the marshes and islands at the northern extremity of the Adriatic,* whence, in less than four hundred years after their settlement, arose the magnificent mart of Venice. f As early as the beginning of the 8th century, we hear of her with a powerful fleet, defending the Exarchate of Ravenna against the Lom- bards, J and soon after this, defeating the views of Charle- magne, who, jealous of the preference which she gave to the Greek emperors, had sent a large armament into the Adriatic. § It is to this state, in fact, that we are indebted for the revival of the commercial spirit in Europe. She seems first to have encouraged it in her neighbour and powerful rival, Genoa, by whose communication of the rich commodities of the East, a similar zeal was excited among the nations on the Baltic, who were themselves at last enabled to contend with them both, for the balance 50 of * Joruandes. De Rebus Geticis. t The reader may compare C'assiodorus Epist. 12, lib. 12, with lib. 12, Ep. 24. aud consult Montesquieu Es}:). Des. Loix, Liv. 20. c. 5. X Essai de L'Histoire du Commerce de Venice, aud Muratori, Antichita Italiane. Dissertazioni, 25'^ & 26'^ ^ Loc. cit. Lair.^ of Modes. 377 of commercial power,* The superiority however of the Italian cities must be confessed ; for at the time when the Ilanseatic towns, having run their career of glory, were gradually disuniting and yielding to the arms of neigh- bouring princes, Venice of herself was able to sustain, and in some measure defeat, the most formidable league sud- denly raised against her, that is to be met with in the history of modern times. f If, during the period called the middle ages, any form of maritime justice was acknowledged, it probably was such as those fragments of the Rhodian code, preserved in the Roman law, afforded^ A variety of causes con- tributed to preserve an active intercourse between the Italian provinces and Constantinople, where many parts of Justinian's compilation were still read in the Greek language, and where a new body of jurisprudence had recently been formed, into which the laws of Rhodes were admitted. J We have no authority for supposing that any 51 new * De Mailly. Histoire de Gennes. It must be observed that I here speak of maritime commerce only. Inland traffic was promoted and established by very different means. Montesquieu traces it, rather whimsically, from the intro- duction of Aristotle's works, which first taught mankind to confound the lending upon interest with 7isuri/, Uepi HoXireuis, lib. 1. cap. 9, 10. and encouraged a spirit of persecution against the Jews, who, wearied with proscriptions, confiscations, and extortions, at length found it necessary to render their property invisible. They invented a secret and compendious mode of negotiation by bills of exchange and paper currency, and thus gave, as it were, a soul to mercantile communication. Esp. des. Loix, Liv. 21. cap. 16. ■►■ Mainibourg, Histoire de la Ligue. The League of Cambray, to which I allude, took place in the year 1510, a period when the naval powers of Denmark and Sweden had greatly weakened the Ilanseatic confederacy, and when the French and English, 1)y withdrawing their principal cities from the alliance, threatened, for a time, its total annihilation. X The Codes of Leo and Constantine, Lib. 53. tit. 8. See Chrono- logical View of Roman Law, p. 67. 378 Schomherg on the new system had been drawn up more early than the close of the 11th century. At that time the people of Amalfi had risen into great repute for skill in navigation, and activity in trade. They were respected by all their neigh- bours on the jNIediterranean coasts, and enjoyed peculiar privileges in the east.* To this people we owe the first code of modern sea laws, called, from the place of its compilation. Tabula Amalfitana. The authority of this code was acknowledged by all the maritime states, on those seas, and continued in force for more than four hundred years, as may be inferred fi'om the following words of Marino Freccia, a writer at the close of the 16th century — " Hinc in regno, non lege Rhodia, maritima decernuntur, sed Tabula quam Amalfitanam vocant, omnes controversiae, omnes lites, ac omnia Maris discrimina, ea lege, ea sanctione usque ad hcec tempora finiuntur/' t Yet, at the time this author wrote, its influence was not so extensive as formerly. As trade increased, various other ports of the Mediterranean acquired their share of it, and, becoming powerful and opulent, Avere impatient of receiving laws from a neighbouring rival. Each there- fore, as occasion ofl'ered, set up for its own legislator, and decided in particular cases, according to regulations of its own, still however referring to the Amalfitan table in 52 points * See Du Fresne's notes on Anna Comnena's History, p. 234. edit. Paris. By permission from the Caliphs they founded the famous hospital of St. John, at Jerusalem, whose knights, as we have seen, became inhabitants of Rhodes, and proved powerful protectors of that com- merce, to which they were indebted for their existence. The honour of inventing the compass is also by some attributed to the people of Amalfi. Gemelli Carreri's Voyages, Book. 1. chap. 1. Giannone 1st. di Napoli, Lib. 7, cap. 3. •«• In Lib. De Sub/eudis. De Officio Admir. Lib. 1. Num. 8. This writer, p. 327, tells us that Amalfi was a Metropolitan See, as early as the year 904. Laws of Rhodes. 379 points of public concern. The sources of maritime law, being thus multiplied, produced in process of time such confusion and contradiction in the administration of justice, that, at a general assembly, it was at last agreed to digest the separate laws of each community into one body. Accordingly, making use of the Amalfitan table as a basis, they formed a superstructure of all such regu- lations as appeared useful and consistent in the various laws of Marseilles,* Pisa, Genoa, Venice, Barcelona,t Aragon and the INIorea, and published them about the close of the 14th century, under the name of Consolato del Mare, a code which, to this day, retains most of its original authority. J Whoever is at all acquainted with the general spirit of this code will not hesitate in pointing to the source whence it was derived. In many particular articles we may discover the exact features of its original ; and this internal evidence added to the reasons already assigned for such a conclusion, afford, I think, very pre- sumptive proof, that some parts at least of the Amalfitan table were copied from such fragments of the Rhodian laws as are preserved in the pandects of Justinian. § While trade and navigation in the south were thus regulated by two codes, the Table of Amalfi and the 53 Consolato * ^Marseilles, at this day, one of the busiest ports in Europe, was founded almost six centuries before Christ by a Greek colony, and is celebrated as a place of great wealth and splendour by many ancient writers. Strabo Lib. 4. Tacitus in Vit. Agricolce. Cicero Orat. pro Val. FIocco. Montesquieu Esp. Des Loix Liv. 20. c. 5. + Some are of opinion that the laws of Barcelona claim the hono\ir of being the basis of modern mercantile jurisprudence. See Robertson's State of Europe, p. 351, The account I have given above, is founded upon the opinion of Giannone. ht di Xapoli. Lib. 11. cap. 6. and of Freccia, Loc. cit. X Zouch's Admiral Jurisdiction. Wei wood's Abridgment of sea aws. Giannone, ut supra. The best edition of the Consolato del Mare was published at Venice in 15G7, § Ante page 377. 380 Schomherg on the Consolato del Mare, the spirit of commerce had revived in another quarter of Europe, and the influence of these ancient sea laws was seen to diffuse itself on the western coasts and among the nations on the Baltic. The state of maritime justice among the inhabitants of those regions, before the 12th century, may easily be imagined. It was suited well enough perhaps to the contracted intercourse of the times, but must have been soon found inadequate to the purposes of that extensive communication which now began to be opened. About the year 1194, king Richard I, on his return from the Holy Land, rested for some time in tjie isle of Oleron in the Bay Aquitain, or, as it is now called, of Biscay, and having been convinced, perhaps during his perilous voyage, of the great inconveniences to which merchants and mariners in that quarter of the world were perpetually exposed for want of a maritime code, he there gave orders for a work of this kind to be compiled. Such, according to the best authorities, was the origin of the laws of Oleron, so justly celebrated for their wisdom and equity, and for being the model of all the sea laws in the west of Europe.* Jealous of the lustre which our country derives from this circumstance, the French 54 writers * Godolphiu in an "appendix to his View of the Admiralty Jurisdiction," has given a collection of them in 47 articles. Selden thinks, that Richard published them, not as duke of Aquitaine, but by his right at that time, as king of England, to superintend and direct all transactions on those seas. Mare Clausum. cap. 24. which perfectly agrees with the opinion of another very learned English civilian, who says of these laws, that " the western world received them from the English, by way of deference to the sovereigntij of our kings in the British Ocean, and to the judgment of our countrymen in sea affairs." Sir Leoline Jenkins's Charge to the Cinque Ports. p. Ixxxvii. Henry II, about 20 years before, had promulgated a law of wreck in that island, which was adopted by his son. Rymer's Fmlera Tom. 1. p. 12. 20. Hen. II. A.D. 1174. Laws oj Rhodes. 381 writers have not been backward in asserting a superior claim to this code. It was drawn up, they say, in the French language, published in an island on the coast of France, and intended solely for the service of that nation ; since throughout the whole, no mention is made of the Thames, or any river or port in England or Ireland, but all is referred to Boui'deaux, St, Malo, and other sea ports of France.* But no argument founded on the place where it was compiled and promulgated can, I think, be adduced in favour of their opinion, when it is considered that the isle of Oleron, with other territories in those parts of France, was then annexed to the crown of England ; consequently, these laws were as much English laws as if Richard had published them in Loudon. This may also serve to answer the other part of their argu- ment, for besides that it was more natural to insert the names of places in the neighbourhood, than of such as were remote, it must be obvious that Bourdeaux and St. Malo were as much a part of the king's dominion, as any sea ports in England or Ireland. As to the language in which they are written, it is no other than what was frequently adopted by our kings in their legal acts and ordinances, and cannot therefore be used as a reasonable proof in this particular instance. " I call them the laws of Oleron, says a great civilian, not but that they are peculiarly enough English, being long since incorporated into the customs and statutes of our Admi- ralties j but the equity of them is so great, and the use and reason of them is so general, that they are known and received all the world over by that rather than by any other name." f With respect to the latter part of this observation it must be remarked, that greater latitude is hci'c given to those laws, than writers in general have 55 been * Miege's, Sea Laws. p. 3. t Sir Lcoliue Jenkins, loc. cit. 382 Schomherg on the been willing to allow them. For it has been asserted, that their influence never extended further than over the western seas of Europe, and even in these was more particularly confined to the coasts of France and Great Britain, and it is added, that their authority, in this part of the world, very much resembled that of the Rhodian laws in the Mediterranean. " The sea laws instituted at Oleron, says Molloy, never obtained any other, or greater force than those of Rhodes formerly did, that is, they were esteemed for the reason and equity found in them, and applied to the case emergent." * Their warmest admirers, in short, have limited their authority to that ocean which extends from the Straits of Gibraltar to the coast of Norway. These laws are said to have received amendment and confirmation twice during the reign of Edward III, particularly by the verdicts given in the famous inquisition at Queensborough, in the year 1376,t but since that time their influence has gradually become feeble and contracted ; and as laws, more conformable to modern custom, have been introduced, even the subject of many articles has long ago grown entirely obsolete. J In France they seem to have been originally admitted nearly 56 upon * Molloy, Dejure maritimo et navali, Introduction. Grotius. Flor. Spars, in Jus Justinian, p. 17. ' t The Inquisition at Queensborough was held before two admi- rals, and the Lord Warden of the Cinque Ports, (an officer of high antiquity, as appears from a summons in the time of Ed. 1 see Brady's Appendix. No. 6.) and the verdicts there given by 18 expert seamen, appointed for the purpose of examining the maritime code, were confirmed by the king's letters patent. Sir Leol. Jenkins's /Speech in behalf of the jurisdiction of the Admiralty/, vol. 1. p. Ixxvii. MoUoy. loc. cit. Seldeu, in his notes on Fortescue De laud. leg. Ang. cap. 32. considers Roughton's translation, called, De Oficio Admirali- tatis, rather, as a monument of antiquity than authority, and ascribes it, with a copy of the Roll of Oleron (communicated to him by Sir Walter Raleigh) to the time of Henry VI. X Anderson's Ilistory of Commerce, vol. 1. p. 96. Laws of Rhodes, 383 upon the same footing as iu this country, and afterwards to have experienced similar revolutions. By an ancient record, entitled Droits ct Pre-eminences de VAmiral, this officer is enjoined in the 10th title to found his decisions on the laws of Oleron. In some subsequent records a more extensive scope is given him, and the Oleron laws are often superseded by public edicts and local usages ; most of them have been variously modified, and some parts abrogated by royal ordonnances ; * yet they still maintain a place in their marine code, and hold, as with us, a limited authority in nautical controversies.t Various are the materials of which the maritime law of England is at present composed. Besides the rules of Oleron, the indisputable basis of the structure, many useful principles have been adopted from the laws of Rhodes and from the Roman civil law. " Julis Civilis vel Caesarii usus, ab antiquis seculis etiam nunc retinetur in Foro Maritime seu Curia Admiralitatis." J And surely it may be considered as a fortunate coincidence, that the works of Justinian should begin to diffuse their light over Europe at the very time when commerce, by bringing together the inhabitants of distant climates, had created new situations and new interests among men, which rendered some volume of natural justice absolutely neces- sary. § To the species of law just mentioned may also be 57 added * Particularly by Charles VI, Lewis XII, Francis I, and Uenry III. t Reglemens et Ordonnances sur la fait de I'Amiraute, published at Rouen in the years 1543. 1554. 1594. 1602. 1604. See also 12 articles of the Marble Table 1673, (so called, from the place where the admiralty sessions are held every week at Paris,) and the final regulations in the year 1G81 Liv. 1. tit. 2. Ordonnances dela marine. X Selden Dissert ad Fletarn. cap. 8. and Sir J. Ilayward's Life of Edward VI, p. 29. § During the 12th and 13th centuries, academies for the study of the Roman Civil Law were established in almost every country in Europe. That of Irnerius at Bologna erected A.D. 1150 seems to 384 Schomhery on the added some municipal institutions and customs peculiar to certain places on the sea coasts ; " the wliole^ as Black- stone observes, being corrected, altered and amended by acts of parliament and common usage ; so that out of this composition a body of jurisprudence is extracted, which owes its authority only to its reception here by consent of the crown and people." * The first case in our law, extant, relative to marine jui'isdiction, occurs in the reign of Edward I, and is preserved in an old record in the Tower, which speaks of the king's sovereignty on the seas, and the jurisdiction of his deputy, the admiral, as being, even then, du temps dont it n'y a de memoire.^ 58 But have been the parent of all the rest. The schools of Moutpelier, Toulouse, and Orleans, in which Azo and Accursius taught, spread this science over France; and in the same age, Vacarius, whom Selden calls a disciple of the Bolognese academy. Dissert, ad Flet. cap. 7. read lectures on the civil law at Oxford. " Tunc (speaking of this aera) leges et causidici in Angliam primo vocati sunt, quorum primus, magister Vacarius hie in Oxenforclia legem docuit." Duck, De usu &c. 1. 2. c. 8. §. 27 from a IMS. in the Cotton Library, and he afterwards shews, that the study was much cultivated in England, especially in this university. Ut supra from §. 28. to 38. The same period, so propitious to Jurisprudence, proved equally favourable to commerce. The foundation of the great mercantile commonwealth of the Hanse Towns was laid. An immense number of cities in dif- ferent parts of Europe received their chartei-s of independence. The Oleron and Wisbuy Laws were promulgated, coinage and manu- factories improved, and various other channels opened, through which to facilitate and extend the communication of mankind. Anderson's Hist, of Commerce, vol. 1. B. 3. * Commentaries. B. 3. chap. 7. §. 3. see more particularly stat. 28. Hen. VIII. 5. Eliz. c. 5. 13. Car. II. 9. 2. W. and M. 2. 22 and 31. Geo. II. in the two last of which, the laws for regulating his majesty's navies and forces by sea were collected and formed into one code. N.B. — Duck thinks, that many parts of our maritime law are copied from the Consolato del Mare. De usu &c. 1. 2. c. 8. §. 25. t Selden's notes on Fortescue, cap. 32. 1 Inst. 439. 4 lust. Juris- diction of Courts, c. 22. Laics of Rhodes. 385 Bat -whatever may have been the nature of the anti- quity of this officer's power, it is generally agreed that the Court of Admiralty, in which he presides, was not formed into a regular establishment till the time of Edward III, when that authority, which had before been very irregularly exercised, became more permanent and defined.* To discountenance the opinion of those, who, 59 not * Seidell Loc. cit. Though there be uo doubt that the office of admiral is of very high antiquity, there appears no express mention of it before the close of the 13th century 25 Ed. I. nor in our printed law does it occur till, 8. Ed. II. Rymer's Fml. tom. 1. p. 17(5. Selden, iit suj). In the beginning of the fullowing century, we meet with two or more admirals at the same time, who are described as holding jurisdiction over the north and south seas, distinguished by the mouth of the Thames. But in 10. Rich. II. the office of sole admiral of England was conferred for the first time by the king's letters patent on Rich. Fitzalleu juu. Earl of Arundel and Surry. Spelman's Glossary, voc. Admiral. F^dera. tom. 2. p. 162. 4. Inst. 75. Hale. C.L. 36. Since then it has been considered of high dignity, and its authority variously modified and limited, particularly by stat. 28. Hen. VIII, and 5. Eliz. c. 5. It is at present exercised by person.s stiled, Lords Commissioners for executing the Office of Lord High Admiral of Great Britain and Ireland, stat. 2. W. and 31. c. 2. and stat. 22. Geo. II. c. 3. which adds, that uo sentence shall be valid unless the major part of the commissioners present be of the privy council. In France, the admiral is always a prince or a person of high birth and quality. He sits in the king's house, and there holds his court, which used to be the case with the admirals of England. This court is composed of a lieutenant general, who presides, a particular lieutenant, three counsellors, the king's advocate and soliictor, a chief register, and two Serjeants, all appointed by the admiral, but holding their commissions of tlie king. The admiralty of Holland is divided into the five colleges of Amsterdam, Rotterdam, Hoorn, Middleljurgh, and Ilarlingen. Tliat of Amsterdam is composed of 12 lords, or counsellors. Of these, one is deputed by the nobility of Holland ; the cities of Amsterdam, Leyden, Haarlem, Gouda, and Eadam depute one each, and the other six are chosen by the six other provinces. The rest of the colleges are nearly upon the same principle. Each of them has its particular officers, namely, an advocate fiscal, a receiver general, a commissary, 386 Schomhery on the not distinguishing between tlie office itself and the place where it was exercised, have carried this institution into a much more remote period, it may be sufficient to refer to Britton, who, in the introduction to his book on the Ancient Pleas of the Crown Temp. Ed. I. will be found not to have enumerated the Admiralty among the courts of Justice at that time. This omission Lambard accounts for, by saying that the office, afterwards delegated to the admiral, was then in the king himself, and was exercised by him, or by some lawyers who attended him ,• and he is inclined to place the origin of the AdmiraVs, Court in the days of Edward III, both on account of his reign being remarkable for its naval and mercantile operations, and because by a statute 2 Richard II. which regulates the proceeding of that court, the king establishes it upon the same footing as in his grandfather^s time, as if he meant by these words to reduce it to its oriyinal autho- rity.* In what this authority consisted, it is not difficult to form a general idea, though some particular articles of jurisdiction have been very warmly disputed. f It seems to have had the exercise both of criminal and cff?7 justice over all maritime persons, and in all causes proj^erly maritime.^ This it continued to hold till 28 Hen. YIII. when it appearing inconsistent with the genius of the 60 English an overseer of the sailors, a commissioner of sales, a treasurer, who is paymaster, a grand provost, with secretaries and officers for the inspection of passports, and the receipt of duties. N.B. — They may pass final sentence in all civil matters under 600 florins, but, above this sum, an appeal lies from their sentence to the assembly of the states general. Postlethwayte, Diet, of Trade and Commerce^ vol. 1. p. 21. * Archeion. p. 48. t Sir Ed. Coke's JurMiction of Courts, 4. Inst. c. 22 and 23. Zouch's Jurisdiction of the Admiralty asserted. Godolphin's View of the Admiralty Jurisdiction. X Sir Leoline Jenkins's Speech in behalf of the Admiralty J wri^dic- tion. vol. 1. p. Ixxvii. Laws of Rhodes. 387 English coustitution to admit of proceedings in criminal suits without a jury, a statute was passed which enacted, that for the future all cases of marine felonies should be tried before commissioners nominated by the Lord Chan- cellor, according to the laws of England.* Among these commissioners, two common law judges are constantly appointed, who, as Blackstone observes, in effect try all the prisoners, and " this, he adds, is now the only method of trying marine felonies in the court of admiralty ; the judge of the admiralty still presiding therein, as the Lord !Mayor is the president of the sessions of Oyer and Terminer in London," f It is not to my present purpose to enter particularly into the civil practice of this court, the extent of its authority, or the forms of its proceed- ings. Perhaps I may be thought to have carried ray reader already too far from the main object of the enquiry, I shall only add therefore, how in all contests respecting tliis court, it should be remembered, that although the proper region of its jurisdiction is said to be super altum mare, it is not t\\e jAace only, but the nature of the case. happening M'ithin such a place, that creates the jurisdic- tion ; and therefore if a contract of marriage or a testa- ment be made at sea, or if a lease or any obligation be sealed there, the common law shall have cognizance of it, and not the admiralty, because the case, thovgh on the high sea, is not properly maritime. And so on the contrary, in a case of which the admiralty hath original jurisdiction, though circumstances afterwards arise properly the objects Gl of * It had been attempted in 8. Heu. VI. but the royal assent not behig obtained, it miscarried. N.B. — The jurisdiction of the C'uvine Ports was not inchided in this statute, for tliis was always considered as distinct from, and independent of the Lord High Admirals Court. Sir L. Jenkins, ut supra. ''f Commentaries. B. 4. c. 19. 388 Schomberg on the of common law, yet shall the maritime law prevail : thus in the case of Sandys, and the East-India Company, it was the opinion, that if it were an admiralty canse, the matter being transacted infra corpus comitat, was not material, for that a person might be taken up by execu- tion out of the admiralty, upon sentence there, in any county of England.* If from the west, and from the coasts of the j\Iedi- terranean, we turn our attention to the northern parts of Europe, we shall there discover an industrious, and active people, adopting similar schemes of legislation on the shores of the Baltic. The same causes, no doubt, which gave rise to the laws we have already described, operated also in the production of that body of marine law, knoAvn by the title of the JFisbuy Code, from an opulent city of that name in the isle of Gothland, where it was promulged. It is hardly possible to settle the exact age of this compilation. Different writers, as guided by their pai-ticular prejudices, have ascribed it either to a very late, or a very early period. According to some, the inhabitants of Gothland carried on an active trade, and were, on other accounts, a respectable people, as far back as the 9th century, and from this circumstance they infer that these laws must be of very high antiquity, and were the model by which those of Oleron were framed. Others, with the best authority on their side, bring forward the bright age of this island, and the foundation of its capital city, to the middle of the 12th century, and retort, in favour of the Oleron laws, a strong charge of imitation 62 on * Skinner's Rep. Term. HiU. 35. Car. II. 9. 13. Rep. 53. 1. Sid. 158. 1. Salk. 35. Zouch ut sup. Assert. 3. For the practice of the Admiralty court, consult an excellent little work Clarke's Praxis Curice Admiralitatis, the 8vo edit, of 1743. with notes ; and for valuable political information on the subject of maritime law Wynne's edition of Sir L. Jenkins's works, his life in vol. 1. and the letters at the end of vol. 2. Laws of Rhodes. 389 on the compilers of the northern code.* But which ever has the best claim to originality, it is certain that these two codes bear a very striking resemblance to each other, not only in the general spirit, but even in the very letter of some particular laws, a circumstance which may perhaps be accounted for, without fixing the imputation of plagiarism on either, by referring them both to one common source, the laws of Rhodes, The probability of such a conclusion, strengthened with much internal evi- dence, will appear by reflecting upon the great communi- cation that was opened, in the 12th century, between the Baltic and the ^Mediterranean coasts, when the inhabitants of the South began to exchange the luxurious jiroduce of their climate, for the coarser, but equally useful commo- dities of the north. t It was not possible for an inter- course, where so many difierent claims, and such opposite interests were concerned, long to subsist without having recourse to some standard of justice, by which commercial and nautical controversies might be adjusted. The salu- tarj'^ eflects of those sea laws, already mentioned as pre vailing in the south, must have strongly recommended them to the notice of a rising nation of mariners, destitute (as it is natural to suppose they were) of civil, or com- mercial maxims, and that spirit of universal equity, by 63 which * Lambecii. Origines Hamburgemes. page 12. Cleirac Us' et Coustumes de la mer. See also Fasciculus de Jure nautico, p. 682 and Olaus Magnus. Hist. Lib. 10. cap. 16. Welwood's assertion that " the laws of Oleron were afterwards translated into Dutch by the people of Wisbuy, to serve them in their traffic on the coast of Hol- land " is to be understood, not of the code here in question, but of some particular laws which they found it necessary to adopt, to regulate their intercourse with this newly-erected nation of traders. Abridgment of Sea Lau-s. p. 13. t Spain, Italy, and the Levant, furnished the northern traders with spices, drugs, fruits, wine, cotton, , Y evident that by raising the price of labour you must NTNj/ \j^' directly check the progress of the manufactures ; and by • \^(p experience it is found, that the same effect arises indirectly ^ 9\ to a more considerable extent ; for in proportion as you / j yy- — . execute our laws, they would not be so hurtful to the Ni ^ W community as they are at present. But where shall we v\ V find men qualified to be at once trustees and guardians J;^v^ for the public and for the poor ? An overseer should be \j^x endued with more than common patience ; willing to hear "J^ Ni with calmness and composure the complaints of the most *^^^x^ 36 untoward Pour Laws. 431 untoward and perverse ; blest with a command of temper such as few possess. He si ould be diligent and active, that he may visit the habitations of the poor, and examine with his own eyes tlie nature, the extent, and the cause of their distress. He should be a man of good understand- ing, sharp, sensible, and well-informed, that he may know what is the best, the cheapest, and the most effectual method, at once to relieve and to employ the poor. He should be a man of penetration, quick in discerning, and ready in detecting the false pretences of impostors. He should be a man of the most humane and compassionate disposition ; not merely that he may shed the sympa- thizing tear, but that he may exert himself to the utmost to comfort and support the sick, and properly to sweeten the bitter cup for those who are drinking the dregs of life. He should be at the same time a man of firmness and resolution ; not to be worn out and teazed into com- pliance, nor yet to be moved either by threats or by deceitful tears. He should be inexorably just, considering the public fund, out of which he is to relieve the poor, as a most sacred deposit committed to his care, in confidence that he will administer it to the best of his judgment and ability. He should be a man of a disinterested and honest disposition, that, in the discharge of this important trust, he may neither directly nor indirectly defraud the public, either to favour his friends or to promote his trade. In one word, if in him should centre all the excellencies, which are scattered with a sparing hand among the human race; if he had no other trade, occupation, or pursuit which required his attention ; if, thus qualified, he were willing to give up his time for the benefit of the public, and for the comfort of the poor ; if a succession of such ■were to be found, and if their power were supreme, subject to no controul from the interference of a magis- trate ; the burthen might yet be tolerable, and some of the evils, naturally attendant on the present system of our 37 poor 432 2'ownsend on the poor laws, instead of being severely felt, would for the present be seen only at a distance. Many parishes have been sensible of this difficulty, more especially in the cloathing counties : but as if, whilst they severely felt it, they had only indistinctly seen it, they have made application to parliament, complaining that the business was too much for the attendance and attention of four overseers ; and therefore praying, that one additional overseer might be appointed with absolute and sole authority to grant relief. Their argument appears to be absurd, but their meaning is precise and clear. They would be thus at liberty to choose the most proper person for the charge ; and he, having little else to do, could pay more attention to the business. The event has in some measure answered their expectation ; but, at best, this can be considered only as a good expedient to palliate one of those many bad effects which flow from a pernicious law. SECT. XIII. TO remedy these evils, various have been the schemes recommended to the public, by men who have been revered for the strength of their understandings, the extent of their knowledge, and the uprightness of their intentions. They have chiefly recommended palliatives ; and such only have been tried, yet with little or with no efi*ect. They have indeed checked the evil for a time, and only for a time, to return with accumulated force : for, notwithstanding all their eflPorts, tiie tax collected to relieve the poor is swelled in many places from ten or twelve pounds annually to five hundred pounds a year, where no manufactures have been established ; and in the manufacturing parishes, from little or nothing to fifteen 38 hundred, Poor L( 433 \) \ r^'^ hundred, two thousand, and even three tliousand pounds a year. The legislature began with requiiing the consent of two justices of peace, before the overseers could have power to relieve the poor.* They then insisted that none should be relieved, but those who were put upon the list b}' the parishioners assembled in their vestry, or by authority under the hand of a justice.f After this it was enacted, that no j usticc of peace should grant an order, ■without having examined upon oath the party making application to him for rehef.J Upon all these occasions we hear the legislature constantly complaining that the evil still went on increasing. The expedient which has been most often tried, has been to compel both the pauper and his family to wear the Roman P in scarlet cloth upon their shoulders ;§ and from this much was expected, but in vain. It has operated, indeed, as a partial repeal of a bad law, repeal- ing however all that could be considered as valuable, and leaving all that is noxious to the state ; discouraging only the ingenuous, the modest, and the meek, that there may be the more for those who, lost to shame, have long since forgot to blush. Of all human inventions, none can be more cruel than this. You invite the poor, you offer him relief, but you will give it only upon this condition, that he shall receive it with a mark of infamy. The overseers are liable to a fine, if they do not impose this mark upon the indigent ; but such is their humanity, that they risk the penalty rather than reproach the wretched with his poverty. Should they give this badge to some, they must impose it upon all. The worthless and the impudent would not regard it ; the modest would sooner die than 39 wear * 43 Eliz. t 3 and 4 W. and M. : 9 Geo. I. c. 7. 6 8 and 9 W. c. 30. 434 To'wnsend on the wear it. There is no doubt that time would reconcile them to it^ more especially when they saw none or few without it ; but then, what purpose would it answer ? Whilst it took effect, it would be hurtful : when it ceased to operate, it would be useless. Finding the futility of this device, the mOst common refuge has been to parochial and provincial workhouses; against which there appear insuperable objections. It was thought, that with watchful attention the poor would do more work under one roof, and be fed much cheaper, than when dispersed in their several cottages. An expectation, however, which experience has never yet confirmed. Even in parochial workhouses, and in those which are under the best regulation, the poor do so little work, that the produce of their labour almost escapes our notice, whilst they are maintained at a most enormous expcnce. In their cottages they might live comfortably on the average of four pounds each ; whereas under the manage- ment of the public they cost from rive to ten, and even twelve pounds each, per annum. It is not reasonable to imagine, that men, deprived of liberty, will work for others with the same chearful activity as when working for themselves ; or that they will be contented with the* hard and homely fare, which they could eat with thank- fulness, whilst as freemen they were surrounded with their friends. It is hope that must sweeten all our labours. Let a man have no pursuit, no exercise for his hopes and fears, and you may as well take the marrow from his bones, which was designed by nature to supple all his joints. You may feed him well; but, without making him a more useful member in society, you will leave him to drag on a miserable existence, a burthen to himself and to the public. It is now a maxim universally received, that the service of a slave is the dearest service Avhich can be had. Let a man consult his own feelings, and the reason will be obvious. 40 The Poor Laws. 435 The terror of being sent to a workliousc acts like an abolition of the poor's tax on all who dread the loss of liberty. It is in effect a virtual repeal, as far as it extends, of those laws, which should long since have given place to better regulations. But unfortunately the most worthy objects suffer most by this repeal, and the advant- age to the public is little more than negative. The quiet and the cleanly dread the noise and nastincss, even more than the confinement of a workhouse. They pant for the pure and wholesome air; which they can never hope to breathe where numbers are confined within narrow limits, and sigh for that serenity and peace, which they must despair to find where the most profligate of the human species are met together. By the fear of being sentenced to such society, many, who deserve a better fate, struggle with poverty till they sink under the burthen of their misery. Against county workhouses, improperly called houses of industry, the objections are much stronger. The buildings, the furniture, the salaries, the waste, and the imposition, every thing is upon a large and expensive scale, without its being possible to preserve, for any length of time, a system of oeconomy. At first,^ indeed, there "•flight be great exertion ; but the novelty being over, few gentlemen would be found public spirited enough to con- tinue their attendance and attention to a business in which, as individuals, they would be so little interested, and for which they must give up more important or more pleasant engagements and pursuits. By experience it is found, that without reckoning interest upon the prime cost of either furniture or buildings, the poor in these extensive establishments are not maintained for less than I have stated. But whilst the expence is so enormous, are they happy? Far from happy, they are wretched. With all the discomforts of a parochial workhouse, they feel themselves in a hopeless state of banishment from their relations and connections. It is true, they eat, they 41 drink, 436 Toivnseiid on tha drink, and they are miserable. This kind of banishment r< has the same effect in part as a repeal of the poor laws, because few are willing to be thus relieved. These houses of industry cannot be vindicated, either in point of comfort or oeconomy : if they have therefore any merit, it can be only that kind of merit which I have stated ; and if it be wise to have recourse to them, it would be much wiser directly to repeal the laws, against the depre- dations of which these houses are to protect your property. A county workhouse, at best, may be considered as a colony to which a few of the superabundant members of the community have been transported to make room for others; or it maybe considered as a new manufacture, beneficial in its progress to employ the idle hands : bene- ficial, if it were possible to make a profit on their labour > yet like other manufactures, under the present system of our laws, increasing the number and the distresses of the poor. That gentlemen of landed propei'ty should have taken the alarm, and that all who feel the burthen of the poor should w ish to be relieved, is not to be wondered at. Yet surely we may be permitted to express astonishment, that when in the year 1775 the House of Commons were to provide a remedy for the growing evil, no expedient shoidd present itself, but to erect county workhouses. They resolved, 1°. That the laws relating to tlie poor are defective, and the good purposes intended by them in many respects prevented. 2°. That the money raised for the relief of the poor is a grievous, and, if no new regulations are made, will be an increasing burthen upon the public. They then recommended county workhouses, leaving the parishes at liberty to draw at discretion on the county stock, for the relief of such as were not proper objects for a workhouse. The counties, however, were not weak enough to 42 accept Pool' Lmcs. 437 accept an offer which must have entailed a tax of four shilhngs in the pound on their estates for ever, without procuring any benefit to the public, to the land-owner, to the fiirmer, or to the pooi'. Another expedient, and the last which I shall men- tion, is the most abominable that ever was invented ; it is to farm the poor. In some parishes they are farmed at so much a head, but in others the contract is for a given sum. In one parish in Gloucestershire a contractor has agreed to take all the expence of the poor upon himself for a very moderate consideration. Taking the present numbers in confinement, he has only two shillings a week for each ; yet out of this he is to be at the charge of all litigations and removals, and to relieve all others who are not proper objects for a workhouse, and after all to make a profit for himself. All these expedients have the same tendency. They are adopted with a professed intention to lower the poor rates ; and it is confessed, that many are thereby deterred from making application for relief, who would otherwise be a burthen to the public. But then is not this a partial, impolitic, oppressive repeal of a bad law, without reducing the tax ; for it continues to increase, and without making a better provision for those among the poor who are most worthy of attention ? Having thus endeavom'cd to display the imperfections which are most obvious in our management of the poor, let us now examine the provision made for theii' relief by other nations. In the early ages of the world there could be no great difficulty in this matter, as the quantity of food was more than could be consumed. In process of time, when pro- perty had got footing in the world, they, who had neither flocks nor herds, became slaves, and, selling themselves for lu'cad, together with their cliildren, constituted the principal treasure of the rich. Whou the rich had so far 13 increased 438 Townsend on the increased their stock, that their cattle had not sufficient room to feed, they quitted their ancient habitations, and sought new settlements. Thus it is said, that Abraham was very rich in cattle, that he had sheep and oxen, and men servants and maid servants, and camels and asses, and silver and gold. The same nearly was the prosperity of Lot. But when the land was not able to bear them with their flocks and with their herds, they agreed to part, and Lot chose for himself the plains of Jordan. When the off'spring of Abraham settled in the land of Canaan, they continued the same mode of relieving the distressed, only with this exception, that in the seventh year the poor, who had sold himself, was to go out free. This custom of exchanging their liberty for bread was followed by most of the nations upon earth, and was the general practice of the world, till Christianity prevailed, and became the estabUshed rehgion of the Roman empire. The milder genius of this religion, which proclaims liberty to the captive, and the opening of the prison doors to them that are bound, abhorrent to slavery in all its forms, has almost banished that cruel custom from our world ; and in its stead has made the best possible pro^ision for the poor, leaving them to be supported by the free bounty of the rich. It is true, the mistaken zeal of its first converts, inflamed by the expectation of that transcendent glory which the gospel had revealed to them, poured contempt upon their visible possessions of houses and of lands. These they sold, and being all of one heart, and of one soul, they agreed to have all things common."'^ But no such community of goods received the sanction of di-sdne authority. When Peter reproached Ananias, it was for his falsehood only : " Whilst the land remained, was it not thine own ; and after it was sold, was it not in thine own power ?^'t 44 The * Acts iv. 32. t Acts v. 4. Poor Laws. 439 The positive injunctions of the gospel arc clear and distinct, and should never have been forgot " Every man according as he purposeth in his heart, so let him give ; not grudgingly, or of necessity : for God loveth a ehearful giver." * These voluntary contributions were collected on the first day of every week, when they assembled at theii- public worship. The Christian dispensation gives the highest encoui'agement to the overflowiugs of benevolence, but at the same time leaves every man at liberty to give or not to give, proceeding upon this maxim, that it should be lawful for a man to do what he will with his own. Whilst however the followers of this religion are left to their own judgment and discretion, they are under the strongest obligations to be liberal in their donations, and to relieve the distresses of their fellow creatures to the utmost of their ability. In the description of the great and final judgment of the world, it is said, " AVhen the Son of man shall come in his glory, and all the holy angels with him, then shall he sit upon the throne of his glory. And before him shall be gathered all nations ; and he shall separate them one from another, as a shepherd divideth his sheep from the goats : and he shall set the sheep on his right hand, but the goats on the left. Then shall the King say unto them on his right hand. Come, ye blessed of my Fathei', inherit the kingdom prepared for you from the foundation of the world. For I was an hungered, and ye gave me meat : I was thirsty, and ye gave me drink : I was a stranger, and ye took me in : naked, and ye clothed me : I was sick, and ye visited me : I was in prison, and ye came unto me. For inasmuch as ye did it unto one of the least of these my brethren, ye did it unto me,"t From this description we must not too hastily conclude that the charity of Christians is to be indiscriminate and blind. Among the various objects of 4.") distress * 2 Cor. ix, 7. + ^Matt. xxv. 440 Toivnsend on the distress a choice is to be made, selecting first those which are most worthy, and reserving the residue for those who have nothing but their misery to excite compassion. Let the virtuous citizen be fed, then let the profligate and the prodigal share all that prudence and frugality shall have left behind them. To reverse this order is neither politic nor just : for surely nothing can be more inconsistent with equity, than to give the bread of industry to indo-' lence and vice. Christian charity was never meant to discourage diligence and application, nor to promote among men a wanton dissipation of their substance. The Apostle of the Gentiles, both by example and by precept, teaches a lesson which too many among the poor have yet to learn. We hear him thus appealing to his converts : " We did not eat any man's bread for nought ; but wrought with labour and travel night and day, that we might not be chargeable to any of you : not because we have not power, but to make ourselves an example ui^to you to follow us. For even when we were with you, this we commanded you, that if any would not work, neither should he eat.''* For many centuries the nations of Europe had no other way of providing for their increasing poor, when occasional benefactions became inadequate to their wants, but by driving them out, like swarms, to seek new settle- ments. It was not then difficult for warlike tribes, issuing forth in countless numbers, with their flocks and with their herds, to make an impression, when at any time they turned their arms against the peaceable inhabitants of more cultivated countries. But now that all have quitted the shepherd life and taken to agriculture ; now that each nation, although more numerous than formerly, is hemmed in by nations equal to itself in numbers, 46 wealth, * 2 Thesi. iii. 8—10. Poor Laws. 441 wealth, and military ardour; it is become necessary to provide for their poor at home. This they have attempted by public hospitals and private benefactions. AVith re- gard to hospitals, they find that these only remove the evil for a time, and in the issue extend the bounds of extreme poverty and wretchedness. They at first pleased themselves with the idea, that they had put an end to human misery ; but they soon found it returning back upon them, and the vacant places, which had been left by those provided for in their public hospitals, filled up again by objects of distress. "When at Lyons they opened an hospital with forty beds for the reception of the poor, they could fill only half that number, but now eight hundred beds are not sufficient ; and when they built the hospital of Saltpetriere, near Paris, it had few inhabitants, but now they lodge twelve thousand ; and yet to their astonishment they find, that instead of having banished distress and poverty, they have increased the number of tlie poor. The effect has filled them with amazement ; but they do not seem to have as yet discovered, that they have been attempting to stop a rapid river in its progress, and to push back the waters of the ocean. In Holland their chief dependence is on voluntary contributions, and a rigid execution of the laws ; and in Holland are to be seen more industry" and fewer criminals, than are to Ije found in the best governed countries in Europe of the same extent. SECT. XIV. I AM now come to the most arduous part of my undertaking. Some remedy must be found for the growing evil, aiul those which have been hitherto proposed !iave been found inudeciuate. In hniiig down a plan, I -ir shall 442 Townsend on the r. shall begin with establishing the general principles on which we must proceed. It is evident then, that no system can be good which I does not, in the first place, encourage industry, oeconomy, \ and subordination; and, in the second place, regulate { population by the demand for labour. ^' To promote industry and ceconomy, it is necessary that the relief which is given to the poor should be limited and precarious. " Lauguescet industria, intendetur so- cordia, si nullus ex se metus aut spes ; et securi omnes aliena subsidia expectabunt, sibi ignavi, nobis graves." No man will be an oeconomist of water, if he can go to the well or to the brook as often as he please j nor will he watch with solicitous attention to keep the balance even between his income and expenditure, if he is sure to be relieved in the time of need. The labouring poor at present are greatly defective, both in respect to industry and oeconomy. Considering the numbers to be main- tained, they work too little, they spend too much, and what they spend is seldom laid out to the best advantage. When they return from threshing or from plough, they might card, they might spin, or they might knit. We are told, that one thousand pair of Shetland stockings are annually imported into Leith, of which the price is from five to seven pence a pair : yet labour at Lerwick, the small capital of Shetland islands, is ten pence a day. These stockings are made at leisure hours. In these islands they have no dependance but upon their industry and frugality. They consume neither. tea, nor sugar, nor spices, because they cannot afford to purchase these useless articles ; neither do they wear stockings or shoes, till by their diligence they have acquired such afHuence as to bear this expence. How difterent is theirs from the dress and diet of our common people, who have lost all ideas of oeconomy ! If by their industry they could procure these articles of luxury, or if their linen, their 48 cotton. Poor Laws. 443 cotton, and their silk, were spun, and wove, and knit in their own houses, and at leisure hours, their desire to obtain these things would be advantageous to the state : but surely, if in the colder regions of the North these are not essential to their existence, or even to their happiness, they should be considered in the South only as the rewards of industry, and should never, from the common fund, be given promiscuously to all, as they will inevitably be, unless that fund shall have some other limits besides the wants and expectations of the poor. Unless the degree of pressure be increased, the labouring poor will never acquire habits of diligent application, and of severe frugality. To increase this pressure, the poor's tax must 1)0 gradually reduced in certain prop6rtions annually, the sum to be raised in each parish being fixed and certain, not boundless, and obliged to answer unlimited demands. This enormous tax might easily in the space of nine years be reduced nine-tenths ; and the remainder being reserved as a permanent supply, the poor might safely be left to the free bounty of the rich, without the interposition of any other law. But if the whole system of compulsive charity were abolished, it would be still better for the state. I am not singular in this opinion. Baron Mon- tesquieu has given his opinion, " Que des secours passa- gers vaudroient mieux que des etablissemens perpetuels -/'^ and our own countryman, who had been long conversant with this business, has told us, '' I am persuaded that to provide for the poor, who are unable to work, might be safely left to voluntary charity, unenforced by any com- pulsive law.'^t To assist the industrious poor, who have neither tools nor materials, but more especially to train up the children of the dissolute in useful labour, there might be in each parish one or more work-shops, where they might be 49 certain * L. xxiii. C. 29. + Fielding on Robbers. 444 Townsend on the certain of employment, and of daily pay for the work performed. In these shops they should neither be lodged nor fed, being taught to depend each for himself on his own diligence and patient application to his business. The building, the tools, and the materials, would be all that required assistance from the public fund. The grand resource however should be from the labouring poor themselves, previous to their being incum- bered with families. They have throughout the kingdom a number of friendly societies established, which have been productive of good effects, and in some places have reduced the rates. But these societies have more than one defect. All their members contribute equally to the public fund, without* respect to their ability, to the pro- portion of their gains, or to the number of their children. By this regulation some pay too little, others pay too much. The sum, which they deposit weekly, is insigni- ficant and trifling when compared with what it ought to be. But the greatest misfortune is, that they are alto- gether left to their own option to join these societies or not ; in consequence of which liberty, many of these associations for mutual assistance are going to decay. If this be indeed a good expedient, it should be pushed as far as it will go : it should be firmly established, made universal, and subjected to wholesome regulations. The unmarried man should pay one quarter of his wages weekly, and the father of four young children not more than one thirtieth of his income, which is nearly the sum which all contribute to their present clubs. To drive them into these societies, no man should be intitled to relief from the parochial fund who did not belong to one of these. Thus Avould sobriety, industry, and oeconomy, ' take place of drunkenness, idleness, and prodigality, and due subordination would be again restored. As long as it should be found expedient to retain a \ given proportion of the present poor tax, the disposal of 50 this Poor Laws. 445 tins should be wholly at the discretion of the minister, , churchwardens, and overseers, or the majority of them, | subject only to the orders of a vestry. By this provision | the subordination of the poor would be more effectually secured, and the civil magistrate would be at liberty to bend his whole attention to the preservation of the peace, and to the good government of the people. This plan would be aided and assisted much by laying a sufficient tax upon the alehouses to reduce their number, these being the principal nurseries for drunkenness, idle- ness, and vice. Should things be left thus to flow in their proper channels, the consequence would be, that, as far as it is possible according to the present constitution of the world, our population would be no longer unnatural and forced, but would regulate itself by the demand for labour. There remains one thing more for the legislature to do, which is to increase the quantity of food. This may be done with ease, by laying a tax upon all horses used in husbandry, gradually increasing this tax till the farmers have returned to the use of oxen. This change would enable England not only to maintain her present popula- tion, but greatly to increase it. The land which now supports one horse, in proper working order, would bear two oxen for draft and for the shambles, if not also one cow for the pail ; or any two of these, with a man, his wife, and his three children. If we consider the number of horses at present used for husbandry in this island, should only half that number give place to oxeu, it would not be easy to calculate, or even to conceive, all the benefits and advantages which the public would derive from this vast increase of food. In mauy parishes where they have no manufactures, but the cultivation of the soil, the horses consume the produce of more land than the inhal)itants themselves requiie. Suppose a parish to ol consist 446 Tovmsend on the consist of four thousand acres of arable and pasture land ; let this be cultivated by one hundred and fifty horses^ and let it feed one thousand souls : now if, for the present, we allow only two acres of oats and two of hay for each of the horses, the amount will be six hundred productive acres, which will be more than sufficient to feed the given number of inhabitants. But the fact is, that a horse, to be fully fed, requires five ton of hay, and from thirteen to three- and-twenty quarters of oats, per annum, accord- ing to his work. Some farmers allow the former, and the latter is given by the great carriers on the public roads, which would bring the computation to about eight acres each for horses used in husbandry ; but then few farmers sufi'er their liorses to be highly fed. If we allow three acres of pasture for each ox or cow, and consider, that in calculating the quantity of land sufficient to maintain a team of horses, the needful fallows must be carried to account, we shall not be at a loss for food, when we have substituted two oxen, and one family of five persons, in the place of every horse. It must be confessed, that the tax on horses would be apparently a tax on husbandry, but in reality it would only be a tax on pride and prejudice. Neither would it be a tax for the purpose of revenue, which would certainly be most impolitic ; but it would be a tax for the regula- tion of trade, beneficial to the public, and highly advanta- geous to the farmer. In China they use few cattle in the cultivation of the soil, and therefore they are able to support a more abundant population. By reverting to the antient practice of ploughing with oxen instead of horses, we should enjoy the same advantage ; and till the population of our country had found its utmost limits, we should rejoice in affluence. "With the same intentions, the legislature should facilitate the laying common fields in severalty, leaving the inclosure of these lands to every man's discretion. 52 Wherever Poor La'ws. 447 Wherever tlicse allotments have been carried into execu- tion, the value of land has been nearly doubled. Yet, independent of the exertion, the time, and the fatigue, requisite to procure a private act of parliament for this purpose, the expeuce of the act itself, and of the con- sequent inclosure, is more than many arc ■willing to incur. That the improvements of land should be subject to this expence is not just, and that men should be obliged to inclose these lands is neither just nor wise: because hedge-rows consume much land, stint the growth of corn, cause it to lodge, prevent its drying, and harbour birds. If men are left at liberty, without restraint, when they find it for their interest to inclose, they will inclose. Should the House of Commons, agreeable to the resolutions of 1775, enter seriously into this business, and adopt such regulations as may effectually relieve the public from the grievous and still increasing burthen, which for more than half a century has been the subject of serious investigation and of loud complaints ; it will be necessary for magistrates to pay more than common attention to the police, till industry and subordination shall be once more restored. The reins have been held with a loose hand, at a time when the idleness and extravagance, the drunkenness and dissipation, with the consequent crimes and vices of the lower classes of the people, called for the most strenuous exertions of the magistrate, and the most strict execution of the laws. If the labouring poor, in health, previous to marriage, and whilst their families are small, are compelled to raise a fund for their own support, in case of sickness or old age ; there can be no doubt, that when at any time, from peculiar circumstances, this fund shall prove inadequate, the most liberal contributions will be made to relieve any occasional distress. No one can doubt of this, who has witnessed the generous efforts which were lately made to assist the woollen manufacturers in Gloucestershire n.'i durinsr 448 Townsend on the during the stagnation of their trade. Money was col- lected for them from all the adjacent counties, and in the metropolis, to feed and to employ them. At Minchin Hampton in particular, when the poor's tax was seven shillings in the pound on the rack rents, and their poor were more than commonly distressed, two thousand two hundred persons were cloathed, fed, and set to work, by ■voluntary benefactions. It should be added, for the" credit of these poor people, that they worked from six in the morning till eight at night. Had the manufacture fallen to rise no more, the manufacturers must in reason have retired, or must have turned their hands to something else ; because no fund, no tax, no charitable contributions, can support such a multitude of people when theii* trade is gone. In cases of sudden emergency assistance will be loudly called for, and the affluent will not be tardy in sending a supply. The English have never yet been charged with want of charity. There need not many arguments to excite their pity and compassion : the only difficulty is to restrain the impetuosity of their benevo- lence, and to direct their bounty towards the most worthy objects. Besides these sudden emergencies, affecting Avhole districts where extensive manufactures are established, individuals must be ever subject to occasional distress, from various accidents and from unexpected losses, which, without the kind assistance of a friend, they are not able to support. In such circumstances, where can the sufferer look for help ? Not to the overseers of the poor ; for their authority does not extend beyond food and raiment. To make good his losses, and to support him in his station, industry in distress can find no sufficient refuge but in the generous aid of his more affluent and charitable neighbours. This refuge will never fail him ; nor will they ever suffer him to want, if they are able to relieve him, and if he has proved himself worthy of compassion. .^4 To Poor Laws. 449 To relieve the poor by voluntary donations is not only most wise, politic^ and just; is not only most agrccaljle both to reason and to revelation ; but it is most effectual in preventing misery, and most excellent in itself, as clierishing, instead of rancour, malice, and contention, the opposite and most amiable affections of the human breast, pity, compassion, and benevolence in the rich, love, reverence, and gratitude in the poor. Nothing in nature can be more disgusting than a parish pay-table, attendant upon which, in the same objects of misery, are too often found combined, snuff, gin, rags, vermin, inso- lence, and abusive language ; nor in nature can any thing be more beautiful than the mild complacency of benevo- lence, hastening to the bumble cottage to relieve the wants of industry and virtue, to feed the hungry, to cloath the naked, and to sooth the sorrows of the widow with her tender orphans ; nothing can be more pleasing, unless it be theii* sparkling eyes, their bursting tears, and their uplifted hands, the artless expressions of unfeigned gratitude for unexpected favours. Such scenes will fre- quently occur whenever men shall have power to dispose of their own property. When the poor are obliged to cultivate the friendship of the rich, the rich will never want inclination to relieve the distresses of the poor. FINIS. 65 THOUGHTS AND DETAILS ON SCARCITY, ORIGINALLY PRESENTED TO THE RIGHT HON. WILLIAM PITT, IN THE MONTH OF NOVEMBER, 795 BY THE LATE RIGHT HON. EDMUND BURKE LONDON: PRINTED FOR F. AND C. RIVINGTON, AND J. HATCHARD. 1800. Burke on Scarcity. 453 PREFACE. Beaconsfield, Nov. 1, 1800. ri"^ HE wisdom, which is canonized by death, is i. consulted with a sort of sacred veneration. A casual remark, or an incidental maxim in some ancient author, an interesting narrative, or a pointed anecdote from the history of past times, even though they bear but a remote and general application to the exigency of our own immediate situation, are caught up with eagerness, and remembered with delight. But how much more important is the instruction which we may derive from the posthumous opinions of those who, having been most eminent in our own times for superior talents and more extensive knowledge, have formed their observation on circumstances so similar to our own, as only not to be the same, yet who speak without influence from the little prejudices and passions, to which accident, folly or male- volence may have given birth in the present moment. The late Mr. Burke, in the estimation of those who were most capable of judging, stood high, both as a scientific and a practical farmer. He carried into his fields the same penetrating, comprehensive, and vigorous mind, which shone forth so conspicuously in all his exertions on the stage of public life. Wherever he was, in whatever he was engaged, he was alike assiduous in collecting information, and happy in combining, what he acquired, into general principles. All that the ancients have left us upon husbandry was familiar to him, and he once encouraged and set on foot a new edition of those 3 valuable 454 Burke on valuable writers ; but, though he might occasionally derive new hints even from those sources, he preferred the authority of his own mind to that of Hesiod or Virgil, of Cato or Columella. He thought for himself upon this, as upon other subjects; and not rejecting sound reforms of demonstrated errors, he was, however, principally guided by the traditionary skill and experience of that class of men, who, from father to son, have for genera- tions laboured in calling forth the fertility of the English soil. He not only found in agriculture the most agree- able relaxation from his more serious cares, but he / regarded the cultivation of the earth, and the improve- ment of all which it produces, as a sort of moral and religious duty. Towards the close of his life, when he had lost his son, in whom all his prospects had long centered, after lamenting, in an elegant allusion to Virgil, that the trees, which he had been nursing for many years, would now afford no shade to his posterity, he was heard to correct himself, by adding, " Yet be it so : I ought not therefore to bestow less attention upon them — they grow to God." Agriculture, and the commerce connected with, and dependent upon it, form one of the most considerable branches of political economy ; and as such, Mr. Burke diligently studied them. Indeed, when he began to qualify himself for the exalted rank which he afterwards held among statesmen, he laid a broad and deep founda- tion ; and to an accurate research into the constitution, the laws, the civil and military history of these kingdoms, he joined an enlightened acquaintance with the whole circle of our commercial system. On his first introduc- tion, when a young man, to the late Mr. Gerard Hamilton, who was then a Lord of Trade, the latter ingenuously con- fessed to a friend still living, how sensibly he felt his own inferiority, much as he had endeavoured to inform himself, and aided as he was by official documents, inaccessible to 4 any Scarcity. 455 any private person. He was also consulted, and the greatest deference was paid to his opinions by Dr. Adam Smith, in the progress of the celebrated work on the Wealth of Nations. In parliament, Mr. Burke very soon distinguished himself on these topics. "When the first great permanent law for regulating our foreign corn-trade was under the consideration of the House in 1772, he was one of its principal supporters, in a speech admired at the time for its excellence, and described as abounding with that know- ledge in ceconomics, which he was then universally allowed to possess, and illustrated with that philosophical discri- mination, of which he was so peculiarly a master. About the same time, too, he zealously promoted the repeal of the statutes against forestallers ; a measure not lightly and hastily proposed or adopted in the liberal impulse of an unguarded moment, but the result of various investi- gations made by the House, or in diiFerent committees, during six years of scarcity and high prices ; a measure which, although two Bills of a contrary tendency had formerly been introduced and lost, so approved itself, at length, to the reason of all, that it was ordered to be brought in, without a single dissentient voice. Yet, though such was his early pre-eminence in these pursuits, to the last hour of his life, as his fame spread wider and wider over Europe, he availed himself of the advantage which this afforded him, to enlarge the sphere of his enquiries into the state of other countries, that he might benefit his own. The consequence of all was, he every \ day became more firmly convinced, that the unrestrained freedom of buying and selling is the great animating principle of production and supply. The present publication records Mr. Burke's most mature reflections on these interesting subjects ; the more valuable, because the sentiments which he delivered on the occasions already mentioned, have not been preserved 5 to 4-56 Burke on to us, either by himself or by others. He was alarmed by the appearance of the crop in 1795, even before the harvest. In the autumn of that year, when the produce of the harvest began to be known, the alarm became general. Various projects, as in such cases will always happen, were oflFered to Government ; and, in his opinion, seemed to be received with too much complaisance. Under this impression, anxious as he ever was, even in his retirement, and in the midst of his own private afflic- tion, for the pnblick safety and prosperity, he immedi- ately addressed to Mr. Pitt a memorial, which is the ground work of the following tract. Afterwards, con- sidering the importance of the matter, and fearing a long cycle of scarcity to come, he intended to have dilated the several branches of the argument, and to have moulded his " Thoughts and Details" into a more popu- lar shape. This he purposed to have done in a series of letters on rural oeconomics, inscribed to his friend Mr. Arthur Young. It may be remembered, that he even announced this design in an advertisement. But his attention was irresistibly called another way. His whole mind was engrossed by the change of policy which dis- covered itself in our councils at that period, when forget- ting the manly arts, by which alone great nations have ever extricated themselves from momentous and doubtful conflicts, we descended, against the remonstrances of our allies, to the voluntary and unnecessary humiliation of soliciting a peace, which, in his judgment, the animosity of our insolent enemy was not then disposed to grant, and which, if ofFered, we could not then have accepted, without the certainty of incurring dangers much more formidable than any that threatened us from the protrac- tion of the war. He hastened to raise and re-inspirit the prostrate genius of his country. In a great measure he succeeded, and was still employed in the pious office, when Divine Providence took him to receive the reward 6 of Scarcity. 457 of those, who devote themselves to the cause of virtue and religion. After his decease, two or three detached fragments only of the first letter to Mr. Young were found among his papers. These could not be printed in that imperfect state, and they seemed too precious to be wholly thrown aside. They have been inserted, therefore, in the ^Memorial, where they seemed best to cohere. The memorial had been fairly copied, but did not appear to have been examined or corrected, as some trifling errors of the transcriber were perceptible in it. The manuscript of the fragments was a rough draft from the author's own hand, much blotted and very confused. It has been followed with as much fidelity as was possible, after consulting those who were most accustomed to Mr. Burke's manner of writing. Two or three chasms in the grammar and sense, from the casual omission of two or three unimportant words at a distance, have been supplied by conjecture. The principal alteration has been the necessary change of the second for the third person, and the consequent suppression of the common form of affectionate address, where Mr. Young is named. That gentleman alone can have reason to complain of this liberty, inasmuch as it may seem to have deprived him of that, wliich in some sort was his property, and which no man would have known better how to value. But, it is hoped, he will pardon it, since in this manner alone these (joldcn fragments (to borrow a favourite phrase of critics and commentators) could have been made, as they were designed to be, of general utility. To the reader no apology is due, if the disquisitions thus interwoven may seem a little disproportioned to the summar}' statements of the original Memorial. Their own intrinsic worth and beauty will be an ample compensation for that slight deformity; though perhaps in such a composition, as this professes to be (and the title is Mr. Burke's own) nothing of the kind could have been fairly regarded as an irregu- 7 lar 458 Burke on lar excrescence, had it been placed by himself, where it now stands. The Memorial, which was indeed communicated to several members of the king's Government, was believed at the time to have been not wholly unproductive of good. The enquiry, which had been actually begun, into the quantity of corn in hand, was silently dropped. The scheme of public granaries, if it ever existed, was aban- doned. In parliament the ministers maintained a prudent and dignified forbearance ; and repressed in others, or where they could not entirely controul, interposed to moderate and divert, that restless spirit of legislation, which is an evil that seems to grow up, as the vehemence of party-contention abates. The consistency and good sense of the Commons defeated an attempt, which was made towards the close of the sessions, to revive against forestallers of one particular description, some portion of the exploded laws. Last year, on the approach of our present distresses, the same excellent temper of mind seemed to prevail in Government, in Parliament, and among the people. There was no proposal of taking stock, no speculation of creat- ing a new establishment of royal purveyors to provide us with our daily dole of bread. The corn merchants were early assured that they should not again have to contend with the competition of the Treasury, in the foreign market. A committee of the House of Commons ventured to dissuade the stopping of the distilleries in a report, very closely coinciding with the reasoning of Mr. Burke. Little or no popular declamation was heard on the miseries of " the labouring poor ;" not a single petition was presented, or motion made, against forestallers. The least objectionable of the experiments suggested, to encrease the supply or lessen the consumption, were adopted. It is hardly worthy of mention, as an excep- tion, that a parliamentary charter was granted to a 8 company Scarcity. 459 company of very worthy and well-meaning persons, who, on the notion of a combination (which, by the way, they totally failed in proving) among the trades that supply the capital with bread, opened a subscription for under- taking to furnish nearly one-tenth of the consumption. They were contented to do this with limited profits merely as humane badgers and jobbers, charitable millers, senti- mental mealmen, and philanthropic bakers. But dis- trusting a little their own suflScieucy for their new business, they naturally desired to be exempted from the operation of the bankrupt laws ; and their bill was carried by a very small majority, consisting of partners in the firm. All this while, under trials much more severe than in the former dearth, the inferior classes displayed a patience and resignation, only to be equalled by the alacrity and zeal, which the higher and middle orders every where manifested, to relieve the necessities of their poorer neighbours in every practicable mode. The present is a season of ferment and riot. The old cry against forestallers has been raised again with more violence than ever. It has been adjudged, for the first time, it is presumed, since the repealing act of 1772, that they are still liable to be punished by the common law, with fine and imprisonment at least, if not with whipping and the pillory, according to the notion which the judge may entertain of their crime. The interpreters of the law must expound it, according to their conscientious judgments, as it is, and the doctrine is not quite new; it has certainly been suggested in grave books since the repeal, yet men of sober minds have doubted, and will doubt, whether in the whole code of customs and usages, derived to us from our ancestors, there can be found any one part so radically inapplicable to the present state of the country, as their trade law ; which, formed before commerce can be said to have existed, on mixed considera- tions, of police for the prevention of theft and rapine, y and 460 Burke on and of protection to the interest of the lord in the rights of toll and stallage, permitted no transaction of bargain and sale in any kind of commodity, but openly at a market, or a fair, and more anciently still, with the addition of witnesses also before the magistrate, or the priest : which knew of no commercial principle, but that of subjecting, in every instance, the grower, the maker, or the importer, native and foreigner alike, to the con- sumer, and for that purpose prohibited every intermediate profit, and every practice by act, by word, or by writing, that could enhance the price ; by which, if the dragging of the mouldering records into day be not a mere robbery of the moths and worms, should a gentleman encourage fishermen, brewers, and bakers to settle on his estate, it may be pronounced ?i forestallage of the next town, and a silk merchant, should he ask too much for his raw and organzine (the unfortunate Lombard in the assize-book only asked, he did not get it from the poor silkewemen) may be punished by a heavy fine ; which cannot now be partially in force against one set of dealers, and abrogated by disuse with regard to all others ; which, if generally applied for a single term, without the interposition of that wisdom of parliament, over which this resort to the common law is by some regarded as a triumph, would more efl'ectually clog, distress, and ruin our foreign and domestic commerce in aU its branches, than a confederacy of the whole world against us in many years. Be the late convictions, however, what they may, in legal merits ; their practical efi'ects have been much to be deplored. Gross minds distorted them into authorities to prove, that there was plenty in the land, and that the arts of greedy and unfeeling men alone intercepted the bounty of Pro- vidence. Meetings were called ; non-consumption agree- ments were signed, and associations were formed, chiefly in cities and great towns, to prosecute those, without whom cities and great towns can never be regularly fed. ]0 There Scarcity. 461 There is no weak, no wild, no violent project, which did not find countenance in some quarter or other. The fall of the market immediately after the harvest, and the subsequent rise, though the natural effects of obvious causes, enereased the public agitation ; and the multitude began to pursue their usual course of providing in the shortest way for their instant wants, or of terrifying, or punishing those, whom they had been taught to consider as their oppressors ; unconscious or unconcerned that they were thus only preparing for themselves a tenfold aggrava- tion of their own future sufferings. The eyes of all were now turned towards parliament, not for a train of judicious measures, which, if it be possible, may hereafter again equalize the production with the consumption of the country, but for an immediate supply ; as if the omnipo- tence of parliament could restore a single grain that has been injured by the most contemptible insect. At such a juncture, however unfavourable it may be to the popularity of this little tract, the publication of it was felt to be a duty. He who wrote it, ever set that consideration before him as the first motive of all his actions. While he lived, he never ceased, publickly and privately, to warn his country and her rulers, against every danger which his wisdom foresaw. He now gives to her and them, this solemn warning from his grave. 11 THOUGHTS AND DETAILS SCARCITY. OF all things, an indiscreet tampering with the trade of provisions is the most dangerous, and it is always worst in the time when men are most disposed to it : — that is, in the time of scarcity. Because there is nothing on which the passions of men are so violent, and their judgment so weak, and on which there exists such a multitude of ill-fo^^ndcd popular prejudices. The great use of government is as a restraint ; and there is no restraint which it ought to put upon others, and upon itself too, rather than on the fury of speculating under circumstances of irritation. The number of idle tales spread about by the industry of faction, and by the zeal of foolish good-iritention, and greedily devoured by the malignant credulity of mankind, tends infinitely to aggravate prejudices, which, in themselves, are more than sufficiently strong. In that state of affairs, and of the publick with relation to them, the first thing that Govern- ment owes to us, the people, is information ; the next is timely coercion : — the one to guide our judgment ; the other to regulate our tempers. To pro%-ide for us in our necessities is not in the power of Government. It would be a vain presumption in statesmen to think they could do it. The people main- tain them, and not they the people. It is in the power of 13 Government 464 Burke on Government to prevent much evil ; it can do very little positive good in this, or perhaps in any thing else. It is not only so of the state and statesmen, but of all the classes and descriptions of the rich — they are the pen- sioners of the poor, and are maintained by their super- fluity. They are under an absolute, hereditary, and indefeasible dependance on those who labour, and are miscalled the poor. The labouring people are only poor, because they are numerous. Numbers in their nature imply poverty. In a fair distribution among a vast multitude, none can have much. That class of dependant pensioners called the rich, is so extremely small, that if all their throats were cut, and a distribution made of all they consume in a year, it would not give a bit of bread and cheese for one night's supper to those who labour, and who in reality feed both the pensioners and themselves. But the throats of the rich ought not to be cut, nor their magazines plundered ; because, in their persons they are trustees for those who labour, and their hoards are the banking-houses of these latter. Whether they mean it or not, they do, in eflFect, execute their trust —some with more, some with less fidelity and judgment. But on the whole, the duty is performed, and every thing returns, deducting some very trifling commission and discount, to the place from whence it arose. When the poor rise to destroy the rich, they act as wisely for their own purposes as when they burn mills, and throw corn into the river, to make bread cheap. When I say, that we of the people ought to be informed, inclusively I say, we ought not to be flattered : flattery is the reverse of instruction. The poor in that case would be rendered as improvident as the rich, which would not be at aU good for them. Nothing can be so base and so wicked as the political cantiiig language, " The labouring poor." Let compas- 14 - sion Scarcity. 4G5 sion be shewn in action, the more the better, according to every man's ability, but let tlierc be no lamentation of their condition. It is no relief to their miserable circum- stances ; it is only an insult to their miserable understand- ings. It arises from a total want of charity, or a total want of thought. Want of one kind was never relieved by want of any other kind. Patience, labour, sobriety, frugality, and religion, should be recommended to them ; all the rest is downright fraud. It is horrible to call them " The once happy labourer.'' Whether what may be called moral or philosophical happiness of the laborious classes is increased or not, I cannot say. The seat of that species of happiness is in the mind ; and there are few data to ascertain the com- parative state of the mind at any two periods. Philoso- phical happiness is to want little. Civil or vulgar happiness is to want much, and to enjoy much. If the happiness of the animal man (wliich certainly goes somewhere towards the happiness of the rational man) be the object of our estimate, then I assert, Avithout the least hesitation, that the condiiiou of those who labour (in all descriptions of labour, and in all gradations of labour, from the highest to the lowest inclusively) is on the whole extremely meliorated, if more and better food is any standard of melioration. They work more, it is certain ; but they have the advantage of their augmented labour ; yet whether that increase of labour be on the whole a good or an evil, is a consideration that would lead us a great way, and is not for my present purpose. But as to the fact of the melioration of their diet, I shall enter into the detail of proof whenever I am called upon : in the mean time, the known difficulty of contenting them with'' any thing but bread made of the finest flour, and meat of the first quality, is proof sufficient. I further assert, that even under all the hardships of the last year, the labouring people did, either out of their 15 direct 466 Burke on direct gains, or from charity, (which it seems is now an insult to them) in fact, fare better than they did, in - seasons of common plenty, 50 or 60 years ago; or even at the period of my English observation, which is about 44 years. I even assert, that full as many in that class, as ever were known to do it before, continued to save money ; and this I can prove, so far as my own informa- tion and experience extend. It is not true that the rate of wages has not encreased with the nominal price of provisions. I allow it has not fluctuated with that price, nor ought it ; and the squires of Norfolk had dined, when they gave it as their opinion, that it might or ought to rise and fall with the market-price ;A,of provisions. The rate of wages in truth has no direct ^relation to that price. Labour is a commodity Hke every ; other, and rises or falls according to the demand. This is in the nature of things ; however, the nature of things has provided for their necessities. Wages have been twice raised in my time, and they bear a full proportion, or even a greater than formerly, to the medium of provision during the last bad cycle of twenty years. They bear a full proportion to the result of their labour. If we were wildly to attempt to force them beyond it, the stone which we had forced up the hill would oidy fall back upon them in a diminished demand, or, what indeed is the far lesser evil, an aggravated price of all the provisions, which are the result of their manual toil. There is an implied contract, much stronger than any instrument or article of agreement, between the labourer in any occupation and his employer — that the labour, so far as that labour is concerned, shall be sufficient to pay to the employer a profit on his capital, and a compensa- tion for his risk ; in a word, that the labour shall produce an advantage equal to the payment. Whatever is above that, is a direct tax ; and if the amount of that tax be left to the will and pleasure of another, it is an arbitrary tax. 16 If Scarcity. 467 If I imderstand it rightly, the tax proposed on the farming interest of this kingdom, is to be levied at what is called the discretion of justices of peace. The questions arising on this scheme of arbitrary taxation are these — Whether it is better to leave all dealing, in which there is no force or fraud, collusion or combination, entirely to the persons mutually concerned in the matter contracted for ; or to put the contract into the hands of those, who can have none, or a very remote interest in it, and little or no knowledge of the subject. It might be imagined that there would be very little difficulty in solving this question ; for what man, of any degree of reflection, can think, that a want of interest in any subject closely connected with a want of skill in it, qualifies a person to intermeddle in any the least affair ; much less in affairs that vitally concern the agriculture of the kingdom, the first of all its concerns, and the foundation of aU its prosperity in every other matter, by which that prosperity is produced ? . The vulgar error on this subject arises from a total confusion in the very idea of things widely different in themselves ;— those of convention, and those of judicature. AVhen a contract is making, it is a matter of discretion and of interest between the parties. In that intercourse, and in what is to arise from it, the parties are the masters. If they are not completely so, they are not free, and therefore their contracts are void. But this freedom has no farther extent, when the contract is made ; then their discretionary powers expire, and a new order of things takes its origin. Then, and not tiU then, and on a difference between the parties, the office of the judge commences. He cannot dictate the contract. It is his business to see that it be enforced ; provided that it is not contrary to pre-existing laws, or obtained by force or fraud. If he is in any way a maker or regulator of the contract, in so much he is disqualified 1 7 from 468 Burke on from being a judge. But this sort of confused distribu- tion of administrative and judicial characters, (of which we have already as much as is sufficient, and a little more) is not the only perplexity of notions and passions which trouble us in the present hour. What is doing, supposes or pretends that the farmer and the labourer have opposite interests ;— that the farmer oppresses the labourer; and that a gentleman called a justice of peace, is the protector of the latter, and a controul and restraint on the former ; and this is a point I wish to examine in a manner a good deal different from that in which gentlemen proceed, who confide more in their abilities than is fit, and suppose them capable of more than any natural abilities, fed with no other than the provender furnished by their own private speculations, can accomplish. Legislative acts, attempting to regulate this part of ceconomy, do, at least, as much as any other, require the exactest detail of circumstances, guided by the surest general principles that are necessary to direct experiment and enquiry, in order again from those details to elicit principles, firm and luminous general principles, to direct a practical legislative proceeding. First, then, 1 deny that it is in this case, as in any other of necessary implication, that contracting parties should originally have had diff'erent interests. By acci- dent it may be so undoubtedly at the outset; but then the contract is of the nature of a compromise; and compromise is founded on circumstances that suppose it the interest of the parties to be reconciled in some medium. The principle of compromise adopted, of con- sequence the interests cease to be different. But in the case of the farmer and the labourer ; their interests are always the same, and it is absolutely impos- sible that their free contracts can be onerous to either party. It is the interest of the farmer, that his work should be done with effect and celerity ; and that cannot 18 ' be. Scarcitij. 469 be, unless the labourer is well fed, and otherwise found with such necessaries of animal life, according to its habitudes, as may keep the body in full force, and the mind gay and cheerful. For of all the instruments of his trade, the labour of man (what the ancient writers have called the instrumentum vocale) is that on which he is most to rely for the re-payment of his capital. The other two, the semivocaJe in the ancient classification, that is, the working stock of cattle, and the instrumentum mutum, such as carts, ploughs, spades, and so forth, though not all inconsiderable in themselves, are very much inferior in utility or in expenee ; and without a given portion of the first, are nothing at all. For in all things whatever, the mind is the most valuable and the most important ; and iji this scale the whole of agriculture is in a natural and just order; the beast is as an informing principle to the plough and cart ; the labourer is as reason to the beast; aud the farmer is as a thinking and presiding principle to the labourer. An attempt to break this chain of suljordiuation in any part is equally absurd ; but the absurdity is the most mischievous in practical operation, where it is the most easy, that is, where it is the most subject to au erroneous judgment. It is plainly more the farmer's interest that his men should thrive, than that his horses should be well fed, sleek, plump, and fit for use, or than that his waggon and ploughs should be strong, in good repair, and fit for service. On the other hand, if the farmer ceases to profit of the labourer, and that his capital is not continually manured and fructified, it is impossible that he should continue that abundant nutriment, and cloathing, and lodging, proper for the protection of the instruments he employs. It is therefore the first and fundamental interest of the labourer, that the farmer should have a full incoming profit on the product of his labour. The proposition is 19 self-evident, 470 Burke on self-evident, and nothing but the malignity, perverseness^ and ill-governed passions of mankind, and particularly the envy they bear to each other's prosperity, could prevent their seeing and Acknowledging it, with thankfulness to the benign and wise disposer of all things, who obliges men, whether they will or not, in pursuing their own selfish interests, to connect the general good with their own individual success. But who are to judge what that profit and advantage ought to be|? certainly no authority on earth. It is a matter of convention dictated by the reciprocal conve- niences of the parties, and indeed by their reciprocal necessities. — But, if the farmer is excessively avaricious? — why so much the better — the more he desires to increase his gains, the more interested is he in the good condition of those, upon whose labour his gains must principally depend. I shall be told by the zealots of the sect of regulation, that this may be true, and may be safely committed to the convention of the farmer and the labourer, when the latter is in the prime of his youth, and at the time of his health and vigour, and in ordinary times of abundance. But in calamitous seasons, under accidental illness, in declining life, and with the pressure of a numerous ofi^spring, the future nourishers of the community but the present drains and blood-suckers of those who produce them, what is to be done ? When a man cannot live and maintain his family by the natural hire of his labour, ought it not to be raised by authority ? On this head I must be allowed to submit, what my opinions have ever been ; and somewhat at large. And, first, I premise that labour is, as I have already intimated, a commodity, and as such, an article of trade. If I am right in this notion, then labour must be subject to all the laws and principles of trade, and not to regula- tions foreign to them, and that may be totally inconsistent 30 with Scarcity. 471 with those principles and those laws. When any com- modity is carried to market, it is not the necessity of the vender, but the necessity of the purchaser that raises the price. The extreme want of the seller has rather (by the nature of things with which we shall in vain contend) the direct contrary operation. If the goods at market are beyond the demand, they fall in their value ; if below it, they rise. The impossibility of the subsistence of a man, who carries his labour to a market, is totally beside the question in this way of viewing it. The only question is, what is it worth to the buyer ? Bmt if authority comes in and forces the buyer to a price, what is this in the case (say) of a farmer, who buys the labour of ten or twelve labouring men, and three or four handycrafts, what is it, but to make an arbitrary division of his property among them ? The whole of his gains, I say it with the most certain conviction, never do amount any thing like in value to what he pays to his labourers and artificers ; so that a very small advance upon what one man pays to many, may absorb the whole of what he possesses, and amount to an actual partition of all his substance among them. A perfect equality will indeed be produced ; — that is to say, equal want, equal wretchedness, equal beggary, and on the part of the partitioners, a woeful, helpless, and desperate disappointment. Such is the event of all compulsory equalizations. They pull down what is above. They never raise what is below : and they depress high and low together beneath the level of what was originally the lowest. If a commodity is raised by authority above what it will yield with a profit to the buyer, that commodity will be the less dealt in. If a second blundering interposition be used to correct the blunder of the first, and an attempt is made to force the purchase of the commodity (of labour for instance), the one of these two things must happen, 21 either 472 Burke on either that the forced buyer is ruined, or the price of the product of the labour, in that proportion, is raised. Then the wheel turns round, and the evil complained of falls with aggravated weight on the complainant. The price of corn, which is the result of the expence of all the operations of husbandry, taken together, and for some time continued, will rise on the labourer, considered as a consumer. The very best will be, that he remains where he was. But if the price of the corn should not com- pensate the price of labour, what is far more to be feared, the most serious evil, the very destruction of agriculture itself, is to be apprehended. * Nothing is such an enemy to accuracy of judgment as a coarse discrimination ; a want of such classification and distribution as the subject admits of. Encrease the rate of wages to the labourer, say the regulators — as if labour was but one thing and of one value. But this very broad generic term, labour, admits, at least, of two or three specific descriptions : and these will suffice, at least, to let gentlemen discern a little the necessity of proceeding with caution in their coercive guidance of those whose existence depends upon the observance of still nicer dis- tinctions and sub-divisions, than commonly they resort to in forming their judgments on this very enlarged part of economy. The labourers in husbandry may be divided : 1st, into those who are able to perform the full work of a man ; that is, what can be done by a person from twenty-one years of age to fifty. I know no husbandry work (mow- ing hardly excepted) that is not equally Avithin the power of all persons within those ages, the more advanced fully compensating by knack and habit what they lose in activity. Unquestionably, there is a good deal of dif- ference between the value of one man's labour and that of another, from strength, dexterity, and honest applica- tion. But I am quite sure, from my best observation, 22 that Scarcity. 473 that any given five men vrill, in their total, afford a pro- portion of labour equal to any other five within the periods of life I have stated ; that is, that among sueh five men there will be one possessing all the qualifications of a good workman, one bad, and the other three mid- dling, and approximating to the first and the last. So that in so small a platoon as that of even five, you will find the full complement of all that five men cmi earn. Taking five and five throughout the kingdom, tliey are equal : therefore, an error with regard to the equalization of their wages by those who employ five, as farmers do at the very least, cannot be considerable. 2dly. Those who are ^ble to work, but not the com- plete task of a day-labourer. This class is infinitely diversified, but will aptly enough fall into principal divi- sions. Men, from the decline, which after fifty becomes every year more sensible, to the period of debility and decrepitude, and the maladies that precede a final dissolu- tion, Women, whose employment on husbandry is but occasional, and who differ more in effective labour one from another than men do, on account of gestation, nursing, and domestic management, over and above the difference they have in common with men in advancing, in stationary, and in declining life. C/iildre?i, who pro- ceed on the reverse order, growing from less to greater utility, but with a still greater disproportion of nutriment to labour than is found in the second of these sub-divi- sions ; as is visible to those who will give themselves the trouble of examining into the interior economy of a poor-house. This inferior classification is introduced to shew, that laws prescribing, or magisti'ates exercising, a very stiff, and often inapplicable rule, or a blind and rash discretion, never can provide the just proportions between earning and salary on the one hand, and nutriment on the other : whereas interest, habit, and the tacit convention, that 23 arise 474 Burke on arise from a thousand nameless circumstances, produce a tact that regulates without difficulty, what laws and magistrates cannot regulate at all. The first class of labour wants nothing to equalize it : it equalizes itself. The second and third are not capable of any equalization. But what if the rate of hire to the labourer comes far short of his necessaiy subsistence, and the calamity of the time is so great as to threaten actual famine ? Is the poor labourer to be abandoned to the flinty heart and griping hand of base self-interest, supported by the sword of law, especially when there is reason to suppose that the very avarice of farmers themselves has concurred with the errors of Government to bring famine on the land. In that case, my opinion is this. Whenever it hap- pens that a man can claim nothing according to the rules of commerce, and the principles of justice, he passes out of that department, and comes within the jurisdiction of mercy. In that province the magistrate has nothing at all to do : his interference is a violation of the property which it is his office to protect. Without all doubt, charity to the poor is a direct and obligatory duty upon all Christians, next in order after the payment of debts, full as strong, and by nature made infinitely more delightful to us. Pufi'endorf, and other casuists do not, I think, denominate it quite properly, when they call it a duty of imperfect obligation. But the manner, mode, time, choice of objects, and proportion, are left to private discretion; and perhaps, for that very reason it is per- formed with the greater satisfaction, because the discharge of it has more the appearance of freedom ; recommending us besides very specially to the divine favour, as the exercise of a virtue most suitable to a being sensible of its own infirmity. The cry of the people in cities and towns, though unfortunately (from a fear of their multitude and com- bination) the most regarded, ought, in fact, to be the least 24 attended Scarcity. 475 attended to upon this subject; for citizens are in a state of litter ignorance of the means by which they are to be fed, and they contribute little or nothing, except in an infinitely circuitous manner, to their own maintenance. They are truly " Fruges consumere nati." They are to be heard with great respect and attention upon matters within their province, that is, on trades and manufac- tures ; but on any thing that relates to agriculture, they are to be listened to with the same reverence which we pay to the dogmas of other ignorant and presumptuous men. If any one were to tell them, that they were to give in an account of all the stock in their shops; that attempts would be made to limit their profits, or raise the price of the labouring manufacturers upon them, or recommend to Government, out of a capital from the publick revenues, to set up a shop of the same commodities, in order to rival them, and keep them to reasonable dealing, they would soon see the impudence, injustice, and oppression of such a course. They would not be mistaken ; but they are of opinion, that agriculture is to be subject to other laws, and to be governed by other principles, A greater and more ruinous mistake cannot be fallen into, than that the trades of agriculture and grazing can be conducted upon any other than the common principles of commerce ; namely, that the producer should be per- mitted, and even expected, to look to all possible profit which, without fraud or violence, he can make ; to turn plenty or scarcity to the best advantage he can ; to keep back or to bring forward his commodities at his pleasure ; to account to no one for his stock or for his gain. On any other terms he is the slave of the consumer ; and that he should be so is of no benefit to the consumer. No slave was ever so beneficial to the master as a freeman that deals with him on an equal footing by convention, formed on the rules and principles of contending interests 25 and 476 Burke on and compromised advantages. The consumer, if he were suffered, would in the end always be the dupe of his own tyranny and injustice. The landed gentleman is never to forget, that the farmer is his representative. It is a perilous thing to try experiments on the farmer. The farmer's capital (except in a few persons, and in a very few places) is far more feeble than commonly is imagined. The trade is a very poor trade ; it is subject to great risks and losses. The capital, such as it is, is turned but once in the year ; in some branches it requires three years before the money is paid. I believe never less than three in the turnip and grass-land course, which is the prevalent course on the more or less fertile, sandy and gravelly loams, and these compose the soil in the south and south-east of England, the best adapted, and perhaps the only ones that are adapted, to the turnip husbandry. It is very rare that the most prosperous farmer, counting the value of his quick and dead stock, the interest of the money he turns, together with his own wages as a bailiff or overseer, ever does make twelve or fifteen ^jer centum by the year on his capital. I speak of the prosperous. In most of the parts of England which have fallen within my observation, I have rarely known a farmer, who to his own trade has not added some other employment or traffic, that, after a course of the most unremitting parsimony and labour (such for the greater part is theirs), and persevering in his business for a long coiu'se of years, died worth more than paid his debts, leaving his posterity to continue in nearly the same equal conflict between industry and want, in which the last predecessor, and a long line of predecessors before him, lived and died. Observe that I speak of the generality of farmers who have not more than from one hundred and fifty to three or four hundred acres. There are few in this part of the 26 country Scarcity. 477 country witliin the former, or much beyond the latter, extent. Unquestionably in other places there are much larger. But, I am convinced, whatever part of England be the theatre of his operations, a farmer who cultivates twelve hundred acres, which I consider as a large farm, thongh I know there are larger, cannot proceed, with any degree of safety and effect, with a smaller capital than ten thousand pounds ; and that he cannot, in the ordinary course of culture, make more upon that great capital of ten thousand pounds, than twelve hundred a year. As to the weaker capitals, an easy judgment may be formed by wliat very small errors they may be farther attenuated, enervated, rendered unproductive, and perhaps totally destroyed. This constant precariousness and ultimate moderate limits of a farmer's fortune, on the strongest capital, I press, not only on account of the hazardous speculations of the times, but because the excellent and most useful works of my friend, !Mr. Arthur Young, tend to propagate that error (such I am very certain it is) , of the largeness of a farmer's profits. It is not that his account of the produce does often greatly exceed, but he by no means makes the proper allowance for accidents and losses. I might enter into a convincing detail, if other more troublesome and more necessary details were not before me. This proposed discretionary tax on labour militates with the recommendations of the Board of Agricultm-e : they recommend a general use of the drill culture. I agree with the Board, that where the soil is not excessively heavy, or incumbered with large loose stones (which how- ever is the case with much otherwise good land), that course is the best, and most productive, provided that the most accurate eye; the most vigilant superintendence; the most prompt activity, which has no such day as to- morrow in its calendar; the most steady foresight and prc-disposing order to have every body and every thing 27 ready 478 Burke on ready in its place, and prepared to take advantage of the fortunate fugitive moment in this coquetting climate of ours — provided, I say, all these combine to speed the plough, I admit its superiority over the old and general methods. But under procrastinating, improvident, ordi- nar}'^ husbandmen, who may neglect or let slip the few opportunities of sweetening and piirifying their ground with perpetually renovated toil, and undissipated attention, nothing, when tried to any extent, can be worse, or more dangerous : the farm may be ruined, instead of having the soil enriched and sweetened by it. But the excellence of the method on a proper soil, and conducted by an husbandman, of whom there are few, being readily granted, how, and on what conditions, is this culture obtained? Why, by a very great encrease of labour ; by an augmentation of the third part, at least, of the hand-labour, to say nothing of the horses and ma- chinery employed in ordinary tillage. Now, every man must be sensible how little becoming the gravity of legis- lature it is to encourage a board, which recommends to us, and upon very weighty reasons unquestionably, an enlargement of the capital we employ in the operations of the land, and then to pass an act which taxes that manual labour, already at a very high rate ; thus compelling us to diminish the quantity of labour which in the vulgar course we actually employ. What is true of the farmer is equally true of the middle man ; whether the middle man acts as factor, jobber, salesman, or speculator, in the markets of grain. These traders are to be left to their free course ; and the more they make, and the richer they are, and the more largely they deal, the better both for the farmer and consumer, between whom they form a natural and most useful link of connection : though, by the machinations of the old evil counsellor. Envy, they are hated and maligned by both parties. 28 I hear Scarcity. 479 1 hear that middle men are accused of monopoly. "U'ithout question, tlie monopoly of authority is, in every instance and in every degree, an evil ; but the monopoly of capital is the contrary. It is a great benefit, and a benefit particularly to the poor. A tradesman who has but a hundred pound capital, which (say) he can turn but once a year, cannot live upon a profit of 10 per cent. because he cannot live upon ten pounds a year ; but a man of ten thousand pounds capital can live and thrive upon 5 per cent, profit in the year, because he has five hundred pounds a year. The same proportion holds in turning it twice or thrice. These principles are plain and simple ; and it is not our ignorance, so much as the levity, the envy, and the malignity of our nature, that hinders us from perceiving and yielding to them ; but we are not to suffer our vices to usurp the place of our judgment. The balance between consumption and production makes price. The market settles, and alone can settle, that price. Market is the meeting and conference of the consumer and producer, when they mutually discover each other's wants. Xobody, 1 believe, has observed with any reflection what market is, without being astonished at the truth, the correctness, the celerity, the general equity, with which the balance of wants is settled. They who wish the destruction of that balance, and would fain by arbitrary regulation decree, that defective production should not be compensated by encreased price, directly lay their axe to the root of production itself. They may even in one year of such false policy, do mischiefs incalculable ; because the trade of a farmer is, as I have before explained, one of the most precarious in its advantages, the most liable to losses, and the least profitable of any that is carried on. It requires ten times more of labour, of vigilance, of attention, of skill, and let me add, of good fortune also, to carry on the business of a farmer with success, than what belongs to any other 21) trade. 480 Burke on trade. Seeing things in this light, I am far from presum- ing to censure the late circular instruction of Council to lord lieutenants — but I confess I do not clearly discern its object. I am greatly afraid that the enquiry will raise some alarm as a measure, leading to the French system of putting corn into requisition. For that was preceded by an inquisition somewhat similar in its principle, though, according to their mode, their principles are full of that violence, which here is not much to be feared. It goes on a principle directly opposite to mine : it presumes, that the market is no fair test of plenty or scarcity. It raises a suspicion, which may affect the tranquillity of the public mind, " that the farmer keeps back, and takes unfair advantages by delay ;" on the part of the dealer, it gives rise obviously to a thousand nefarious sjieculations. In case the return should on the whole prove favour- able, is it meant to ground a measure for encouraging exportation and checking the import of corn? If it is not, what end can it answer ? And, I believe, it is not. This opinion may be fortified by a report gone abroad, that intentions are entertained of erecting public grana- ries, and that this enquiry is to give Government an advantage in its purchases. I hear that such a measure has been proposed, and is under deliberation, that is, for Government to set up a granary in every market town, at the expence of the state, in order to extinguish the dealer, and to subject the farmer to the consumer, by securing corn to the latter at a certain and steady price. If such a scheme is adopted, I should not like to answer for the safety of the granary, of the agents, or of the town itself, in which the granary was erected — the first storm of popular phreuzy would fall upon that granary. So far in a political light. In an economical light, I must observe, that the con- 30 structiou Scare It y. 481 struction of such granaries throughout tlie kingdom, would be at an expencc beyond all calculation. The keeping them up would be at a great charge. The management and attendance would require an army of agents, store-keepers, clerks, and servants. The capital to be employed in the purchase of grain would be enor- mous. The waste, decay, and corruption, would be a dreadful di*awback on the whole dealing ; and the dissa- tisfaction of the people, at having decayed, tainted, or corrupted corn sold to them, as must be the case, would be serious. This climate (whatever others may be) is not favour- able to granaries, where wheat is to be kept for any time. The best, and indeed the only good granary, is the rick- yard of the farmer, where the corn is preserved in its own straw, sweet, clean, wholesome, free from vermin, and from insects, and comparatively at a trifle of expence. This, with the barn, enjoying many of the same advan- tages, have been the sole granaries of England from the foundation of its agriculture to this day. All this is done at the expence of the undertaker, and at his sole risk. He contributes to Government ; he receives nothing from it but protection ; and to this he has a claim. The moment that Government appears at market, all the principles of market \vill be subverted. I don^t know whether the farmer will sufffer by itj as long as there is a tolerable market of competition; but I am sure that, in the first place, the trading Government will speedily become a bankrupt, and the consumer in the end will suffer. If Government makes all its purchases at once, it will instantly raise the market upon itself. If it makes them by degrees, it must follow the course of the market. If it follows the course of the market, it will produce no effect, and the consumer may as well buy as he wants — therefore all the expence is incurred gratis. But if the object of this scheme should be, what I 31 suspect 482 Burke on suspect it is, to destroy the dealer, commonly called the middle man, and by incurring a voluntary loss to carry the baker to deal with Government, I am to tell them that they must set up another trade, that of a miller or a mealman, attended with a new train of expences and risks. If in both these trades they should succeed, so as to exclude those who trade on natural and private capitals, then they will have a monopoly in their hands, which, under the appearance of a monopoly of capital, will, in reality, be a monopoly of authority, and will ruin what- ever it touches. The agriculture of the kingdom cannot •stand before it. A little place like Geneva, of not more than from twenty-five to thirty thousand inhabitants, which has no territory, or next to none ; which depends for its existence on the good-will of three neighbouring powers, and is of course continually in the state of something like a siege, or in the speculation of it, might find some resource in state granaries, and some revenue from the monopoly of what was sold to the keepers of public-houses. This is a policy for a state too small for agriculture. It is not (for instance) fit for so great a country as the Pope pos- sesses, where, however, it is adopted and pursued in a greater extent, and with more strictness. Certain of the Pope's territories, from whence the city of Home is sup- plied, being obliged to furnish Rome and the granaries of his holiness with corn at a certain price, that part of the ' papal territories is utterly ruined. That ruin may be traced with certainty to this sole cause, and it appears indubitably by a comparison of their state and condition with that of the other part of the ecclesiastical dominions not subjected to the same regulations, which are in circumstances highly flourishing. The reformation of this evil system is in a manner impracticable ; for, first, it does keep bread and all other prorisions equally subject to the chamber of supply, at a 33 pretty Scarcity. 483 pretty reasona])le and regular price, in the city of Rome. Tliis preserves quiet among the numerous poor, idle, and naturally mutinous people, of a very great capital. But the quiet of the town is purchased by the ruin of the country, and the ultimate wretchedness of both. The next cause which renders this evil incurable, is, the jobs which have grown out of it, and which, in spite of all precautions, would grow out of such things, even under Governments far more potent than the feeble authority of the Pope. This example of Rome which has been derived from the most ancient times, and the most flourishing period of the Roman empire (but not of the Roman agriculture) may serve as a great caution to all Governments, not to attempt to feed the people out of the hands of the magis- trates. If once they are habituated to it, though but for one half-year, they will never be satisfied to have it otherwise. And, having looked to Government for bread, on the very first scarcity they will turn and bite the hand that fed them. To avoid ihoX evil, Government will re- double the causes of it ; and then it will become inveterate and incui'able. I beseech the Government {which I take in the largest sense of the word, comprehending the two Houses of Parliament) seriously to consider that years of scarcity or plenty, do not come alternately or at short intervals, but in pretty long cycles and irregularly, and consequently that we cannot assure ourselves, if we take a wrong measure, from the temporary necessities of one season ; but that the next, and probably more, will drive us to the continuance of it ; so that in my opinion, there is no way of preventing this evil which goes to the destruction of all our agriculture, and of that part of our internal com- merce which touches our agriculture the most nearly, as well as the safety and very being of Government, but 33 manfully 484 Burke on manfully to resist the very first idea, speculative or prac- tical, that it is within the competence of Government, taken as Government, or even of the rich, as rich, to supply to the poor, those necessaries which it has pleased the Divine Providence for a v/hile to withhold from them. "We, the people, ought to be made sensible, that it is not in breaking the laws of commerce, which are the laws of nature, and consequently the laws of God, that we are to place our hope of softening the divine displeasure to refaove any calamity under, which we suffer, or which hangs over us. So far as to the principles of general policy. As to the state of things which is urged as a reason to deviate from them, these are tlie circumstances of the harvest of 1795 and 1794. With regard to the harvest of 1794, in relation to the noblest grain, wheat, it is allawed to have been somewhat short, but not excessively; and in quality, for the seven and twenty years, during which I have been a farmer, I never remember wheat to have been so good. The world were, however, deceived in their speculations upon it — the farmer as well as the dealer. Accordingly the price fluctuated beyond any thing I can • remember ; for, at one time of the year, I sold my wheat at 14Z. a load, (I sold off all I had, as I thought this was a reasonable price), when at the end of the season, if I had then had any to sell, I might have got thirty guineas for the same sort of grain. I sold all that I had, as I said, at a comparatively low price, because I thought it a good price, compared with what I thought the general produce of the harvest ; but when I came to consider what my own total was, I found that the quantity had not answered my expectation. It must be remem- bered, that this year of produce, (the year 1794) short, but excellent, followed a year which was not extraordinary in production, nor of a superior quality, and left but little 34 in Scarcity. 485 iu store. At first this was uot felt, because the harvest came in unusually early — earlier than common, by a full mouth. The winter, at the end of 1794, and beginning of 1795, was more than usually unfavourable both to corn and grass, owing to the sudden relaxation of very rigorous frosts, followed by rains, which were again rapidly suc- ceeded by frosts of still greater rigour than the first. Much wheat was utterly destroyed. The clover grass suffered in many places. AVhat I never observed before, the rye-grass, or coarse bent, suffered more than the clover. Even the meadow-grass in some places was killed to the very roots. In the spring, appearances were better than we expected. All the early sown grain recovered itself, and came up with great vigour; but that, which was late sown, was feeble, and did not promise to resist any blights, in the spring, which, however, with all its unpleasant vicissitudes passed off very well ; and nothing looked better than the wheat at the time of blooming :— but at that most critical time of all, a cold dry east wind, attended with very sharp frosts, longer and stronger than I recollect at that time of year, destroyed the flowers, and withered up, in an astonishing manner, the whole side of the ear next to the wind. At that time I brought to town some of the ears, for the purpose of shewing to my friends the operation of those unnatural frosts, and according to their extent I predicted a great scarcity. But such is the pleasure of agreeable prospects, that my opinion was little regarded. On threshing, I found things as I expected — the ears not fillei, some of the capsules quite empty, and several others containing only withered hungry grain, inferior to the appearance of rye. My best ears and grains were not fine : never had I grain of so low a quality — yet I sold one load for 21Z. At the same time I bought my seed wheat (it was excellent) at 23/. Since then the price has risen, 35 and 486 Burke on and I have sold about two load of tlie same sort at 23/, Sucli was the state of the market when I left home last Monday. Little remains in my barn, I hope some in the rick may be better : since it was earlier sown, as well as I can recollect. Some of my neighbours have better, some quite as bad, or even worse. I suspect it will be found, that wherever the blighting wind and those frosts at blooming time have prevailed, the produce of the wheat crop will turn out very indifferent. Those parts which have escaped, will, I can hardly doubt, have a reasonable produce. As to the other grains, it is to be observed, as the wheat ripened very late, (on account, I conceive, of the blights) the barley got the start of it, and was ripe first. The crop was with me, and wherever my enquiiy could reach, excellent ; in some places far superior to mine. The clover, which came up with the barley, was the finest I remember to have seen. The turnips of this year are generally good. The clover sown last year, where not totally destroyed, gave two good crops, or one crop and a plentiful seed ; and, bating the loss of the rye-grass, I do not remember a better produce. The meadow-grass yielded but a middling crop, and neither of the sown or natural grass was there in any farmer's possession any remainder from the year worth taking into account. In most places, there was none at all. Oats with me were not in a quantity more consider- able than in commonly good seasons ; but I have never known them heavier, than they were in other places. The oat was not only an heavy, but an uncommonly abundant crop. My ground under pease did not exceed an acre, or thereabouts, but the crop was great indeed. I believe it is throughout the country exuberant. It is however to be remarked, that as generally of aU 36 the Scarcity. 487 the grains, so particularly of the pease, there Avas not the smallest quantity in reserve. The demand of the year must depend solely on its own produce ; and the price of the spring-corn is not to be expected to fall very soon, or at any time very low. Uxbridge is a great corn market. As I came through that town, I found that at the last market-day, barley was at forty shillings a quarter ; oats there were literally none ; and the innkeeper was obliged to send for them to London. I forgot to ask about pease. Potatoes were 5*. the bushel. In the debate on this subject in the House, I am told that a leading member of great ability, little conversant in these matters, observed, that the general uniform dearuess of butcher's meat, butter, and cheese, could not be owing to a defective produce of wheat; and on this ground insinuated a suspicion of some unfair practice on the subject, that called for enquiry. Unquestionably the mere deficiency of wheat could not cause the dearness of the other articles, which extends not only to the provisions he mentioned, but to every other without exception. The cause is indeed so very plain and obvious, that the ■wonder is the ^other way. When a properly directed enquiry is made, the gentlemen who are amazed at the price of these commodities will find, that when hay is at six pound a load, as they must know it is, herbage, and for more than one year, must be scanty, and they will conclude, that if grass be scarce, beef, veal, mutton, butter, milk, and cheese, must be dear. But to take up the matter somewhat more in detail — if the wheat harvest in 1794, excellent in quality, was defective in quantity, the barley liarvest was in (juality ordinary enough : and in quantity deficient. This was soon felt hi the price of malt. Another article of produce (beans) was not at all 37 plentiful. 488 Burke on plentiful. The crop of pease was wholly destroyed, so that several farmers ]iretty early gave up all hopes on that head, and cut the green haulm as fodder for the cattle, then perishing for want of food in that dry and burning summer. I myself came off better than most — I had about the fourth of a crop of pease. It will be recollected, that, in a manner, all the bacon and pork consumed in this country, (the far largest con- sumption of meat out of towns) is, when growing, fed on grass, and on whey, or skimmed milk ; and when fatting, partly on the latter. This is the case in the dairy countries, all of them great breeders and feeders of swine ; but for the much greater part, and in all the corn countries, they are fattened on beans, barley meal, and pease. When the food of the animal is scarce, his flesh must be dear. This, one would suppose, would require no great penetration to discover. This failure of so very large a supply of flesh in one species, naturally throws the whole demand of the con- sumer on the diminished supply of all kinds of flesh, and, indeed, on aU the matters of human sustenance. Nor, in my opinion, are we to expect a greater cheapness in that article for this year, even though corn should grow cheaper, as it is to be hoped it will. The store swine, from the failure of subsistence last year, are now at an extravagant price. Pigs, at our fairs, have sold lately for fifty shillings, which, two years ago, would not have brought more than twenty. As to sheep, none, I thought, were strangers to the general failure of the article of turnips last year ; the early having been burned as they came up, by the great drought and heat ; the late, and those of the early which had escaped, were destroyed by the chilling frosts of the winter, and the wet and severe weather of the spring. In many places a full fourth of the sheep or the lambs were lost, what remained of the lambs were poor and ill fed, 38 the Scare it I/. 489 the ewes having had no milk. The calves came late, and they were generally an article, the want of which was as much to be dreaded as any other. So that article of food, formerly so abundant in the early part of the sum- mer, particularly in London, and which in a great part supplied the place of mutton for near two months, did little less than totally fail. All the productions of the earth link in with each other. All the sources of plenty, in all and every article, were dried or fi'ozen up. The scarcity was not as gentle- men seem to suppose, in wheat only. Another cause, and that not of inconsiderable opera- tion, tended to produce a scarcity in flesh pronsion. It is one that on many accounts cannot be too much re- gretted, and, the rather, as it was the sole cause of scarcity in that article, which arose from the proceedings of men themselves. I mean the stop put to the distillery. The hogs (and that would be sufficient) which were fed with the waste wash of that produce, did not demand the fourth part of the corn used by farmers in fattening them. The spirit was nearly so much clear gain to the nation. It is an odd way of making flesh cheap, to stop or check the distillery. The distillery in itself produces an immense article of trade almost all over the woi'ld, to Africa, to North America, and to various parts of Europe. It is of great use, next to food itself, to our fisheries and to our whole navigation. A great part of the distillery was carried on by damaged corn, unfit for bread, and by barley and malt of the lowest quality. These things could not be more unexceptionably employed. The domestic consumption of spirits, produced, without complaints, a very great revenue, applicable, if we pleased, in bounties to the bringing corn from other i)laces, far beyond the value of that consumed in making it, or to the encouragement of its encrcased production at home. 39 As 490 Burke on \As to what is said, in a physical and moral view, against the home consumption of spirits, experience has long since taught me very little to respect the declama- tions on that subject — whether the thunder of the laws, or the thunder of eloquence, " is hurled on gin," always I am thunder-proof. The alembic, in my mind, has furnished to the world a far greater benefit and blessing, than if the opus maximum had been really found by chemistry, and, like ]\Iidas, we could turn every thing into gold. Undoubtedly there may be a dangerous abuse in the excess of spirits ; and at one time I am ready to believe the abuse was great. T\Tien spirits are cheap, the business of drunkenness is achieved with little time or labour ; but that evil I consider to be wholly done away. Obser- vation for the last forty years, and very particularly for the last thirty, has furnished me with ten instances of di'unkenness from other causes, for one from this. Ardent spirit is a great medicine, often to remove distempers — much more fi-equently to prevent them, or to chase them away in their beginnings. It is not nutritive in ayiy great degree. But, if not food, it greatly alleviates the want of it. It invigorates the stomach for the digestion of poor meagre diet, not easily alliable to the human constitution. Wine the poor cannot touch. Beer, as applied to many occasions, (as among seamen and fishermen for instance) will by no means do the business. Let me add, what wits inspired with champaign and claret, will turn into ridicule — it is a medicine for the mind. Under the pressure of the cares and sorroAvs of our mortal condition, men have at all times, and in all countries, called in some physical aid to their moral consolations, — wine, beer, opium, brandy, or tobacco. I consider therefore the stopping of the distillery, ceconomically, financially, commercially, medicinally, and in some degree morally too, as a measure rather well 40 meant Scarcity. 491 meant than well considered. It is too precious a sacrifice to prejudice. Gentlemen well know whether there be a scarcity of partridges, and whether that be an effect of hoarding and combination. All the tame race of birds live and die as the wild do. As to the lesser articles, they are like the greater. They have followed the fortune of the season. Why are fowls dear? was not this the fjirmer's or jobber's fault. I sold from my yard to a jobber, six young and lean fowls, for four and twenty shillings ; fowls, for which, two years ago, the same man would not have given a shilling a-piece. — He sold them afterwards at UxbridgC; and they were taken to London to receive the last hand. As to the operation of the war in causing the scarcity of provisions, I understand that INIr. Pitt has given a particular answer to it — but I do not think it worth powder and shot. I do not wonder the papers are so full of this sort of matter, but I am a little surprised it should be men- tioned in parliament. Like all great state questions, peace and war may be discussed, and difi'erent opinions fairly formed, on political grounds, but on a question of the present price of provisions, Avhen peace with the regicides is always uppermost, I can only say, that great is the love of it. After all, have we not reason to be thankful to the giver of all good ? In our history, and when " The labourer of England is said to have been once happj'," we find constantly, after certain intervals, a period of real famine ; by which, a melancholy havock was made among the human race. The price of provisions fluctuated dreadfully, demonstrating a deficiency very different from the worst failures of the present moment. Never since I have known England, have I known more than a com- parative scarcity. The jjricc of wheat, taking a number 41 of 492 Burke on of years together, has had no very considerable fluctua- tion, nor has it risen exceedingly until within this twelve- month. Even now, I do not know of one man, woman, or child, that has perished from famine ; fewer, if any, I believe, than in years of plenty, when such a thing may happen by accident. This is owing to a care and super- intendance of the poor, far greater than any I remember. The consideration of this ought to bind us all, rich and poor together, against those wicked writers of the newspapers, who would inflame the poor against their friends, guardians, patrons, and protectors. Not only very few (I have observed, that I know of none, though I live in a place as poor as most) have actually died of want, but we have seen no traces of those dreadful exter- minating epidemics, which, in consequence of scanty and unwholesome food, in former times, not unfrequently, wasted whole nations. Let us be saved from too much wisdom of our own, and we shall do tolerably well. It is one of the finest problems in legislation, and what has often engaged my thoughts whilst I followed that profession, " What the state ought to take upon itself to direct by the public wisdom, and what it ought to leave, with as little interference as possible, to indi- vidual discretion.^^ Nothing, certainly, can be laid down on the subject that will not admit of exceptions, many permanent, some occasional. But the clearest line of distinction which I could draw, whilst I had any chalk to draw my line, was this : That the state ought to confine itself to what regards the state, or the creatures of the state, namely, the exterior establishment of its religion; its magistracy ; its revenue ; its military force by sea and land ; the corporations that owe their existence to its fiat ; in a word, to every thing that is truly and properly public, to the public peace, to the public safety, to the public order, to the public prosperity. In its preventive police it ought to be sparing of its efibrts, and to employ m cans 42 rather Scarcity. 498 rather few, unfrcquent, and strong, than many, and fre- quent, and, of course, as they multiply their puny politic race, and dwindle, small and feeble. Statesmen who know themselves will, with the dignity which belongs to wisdom, proceed only in this the superior orb and first mover of their duty, steadily, vigilantly, severely, cour- ageously : whatever remains will, in a manner, provide for itself. But as they descend from the state to a province, from a province to a parish, and from a parish to a private house, they go on accelerated in their fall. They cannot do the lower duty ; and, in proportion as they try it, they ■will certainly fail in the higher. They ought to know the different departments of things; what belongs to laws, and what manners alone can regulate. To these, great politicians may give a leaning, but they cannot give a law. Our legislature has fallen into this fault as well as other Governments ; all have fallen into it more or less. The once mighty state, which was nearest to us locally, nearest to us in every way, and whose ruins threaten to fall upon our heads, is a strong instance of this error. I can never quote France without a foreboding sigh — E^SETAfHMAP ! Scipio said it to his recording Greek friend amidst the flames of the great rival of his country. That state has fallen by the hands of the parricides of their country, called the Revolutionists, and Constitu- tionalists, of France, a species of traitors, of whose fury and atrocious wickedness nothing in the annals of the phrenzy and depravation of mankind had before furnished an example, and of whom I can never think or speak without a mixed sensation of disgust, of horrour, and of detestation, not easy to be expressed. These nefarious monsters destroyed their country for what was good in it : for much good there was in the constitution of that noble monarchy, which, in all kinds, formed and nourished great men, and great patterns of virtue to the world. But 43 ' thouffh 494 Burke on Scarcity. thougli its enemies were not enemies to its faults, its faults furnished them with means for its destruction. My dear departed friend, whose loss is even greater to the public than to me, had often remarked, that the leading \ace of the French monarchy (which he had well studied) was in good intention ill-directed, and a restless desire of govern- ing too much. The hand of authority was seen in every thing, and in every place. All, therefore, that happened amiss in the course even of domestic aflFairs, was attri- buted to the Government; and, as it always happens in this kind of officious universal interference, what began in odious power, ended always, I may say without an exception, in contemptible imbecility. For this reason, as far as I can approve of any novelty, I thought well of the provincial administrations. Those, if the superior power had been severe, and vigilant, and ^dgorous, might have been of much use politically in removing Government from many invidious details. But as every thing is good or bad, as it is related or combined. Government being relaxed above as it was relaxed below, and the brains of the people growing more and more addle with every sort of visionary speculation, the shiftings of the scene in the proxancial theatres became only preparatives to a revolu- tion in the kingdom, and the popular actings there only the rehearsals of the terrible drama of the republic. Tyranny and cruelty may make men justly wish the downfall of abused powers, but I believe that no Govern- ment ever yet perished from any other direct cause than its own weakness. ]My opmion is against an over-doing of any sort of administration, and more especially against this most momentous of all meddling on the part of authority; the meddling with the subsistence of the people. FINIS. INQUIRY INTO THE POLICY AND JUSTICE OF THE PROHIBITION OF THE USE OF GRAIN IN THE DISTILLERIES : INCLUDING OBSERVATIONS ON THE NATURE AND USES OF A VENT TO SUPERFLUOUS LAND-PRODUCE; AND A PARTICULAR APPLICATION OF THE GENERAL QUESTION TO THE PRESENT SITUATION OF THE COLONIAL INTERESTS. BY ARCHIBALD BELL, ESQ. ADVOCATE. EDINBURGH: \ PBINTED FOR AND SOLD BY ARCHIBALD CONSTABLE AND CO. Bell on Dixtilhriex. 497 CONTENTS. Page Introduction , . . . 501 Soct. I. Of the Opei-ation of Distilleries in a Coimtry which supplies its own Consumption, or affords a surplus for Exportation . . . . 508 1. Of their Operation in Years of Average Pro- duce ibid, 2. Of their Operation in Years of Deficient Pro- duce 519 Sect. II. Of the Operation of Distilleries in a Country which Imports a part of its supplies, . . . 534 1. Of their Operation in Years of Average Im- portation ibid . 2. Of their Operation in Years of Deficient Importation 541 Sect. III. How far the present distresses of the Colonial Proprietors alone, afibrd a just ground for the suspension of the use' of Grain in Dis- tilleries 54!) 1 . How far the present distresses of the Colonii>ts are entitled to any relief from the Public ibid. 2. How far the mode of relief at present sug- gested is a proper one 551 Bell on Distilleries. 4f)0 ADVERT 1 S E M E N 'l\ TO those who are familiar with the doctrines of political economy, the minuteness of illustration and detail, in the following remarks, may appear super- fluous. But when we consider how important it is, in a popular Government like ours, that the public be possessed of just notions on schemes of national policy ; and, when, we see such fundamental and exploded errors advanced on a subject so interesting as the present, I am hopeful that they who least require a detailed explanation, will be the most sensible of its utility. It will also be found, that the principles which I have endeavoured to establish are of general application, and may enable us to judge, not merely of the present measure, but of all similar schemes of policy. They indeed involve the most extensive and fundamental doc- trines in the science of political economy. I likewise hope that some of tlic facts and reasoniugs which I have advanced, may tend to dissipate those groundless alarms on the subject of scarcity, which some persons seem at present to feel ; a passion which, of all others, is the most apt to bewilder the public opinion, and to urge a headlong adoption of those measures which are the most likely to create or aggravate sucli a calamity. The present situation of our colonies I shall also touch upon, as connected with the more general questions which 500 '" Bell on Distilleries. arise on the present subject : though on this, as being less important in itself, and less within my opportunities of information, I shall be more brief. The Report of the Committee of the House of Com- mons, relative to the distillation of sugar, and the very large and important mass of evidence contained in the Appendix, I have had the benefit of perusing. Any testimony of mine to the ability, patience, and candour with which that respectable body have conducted their researches, would be impertinent. I have taken the liberty of dissenting from their opinion ; but I have stated the grounds of my dissent, and, I hope, with that becoming deference and moderation which should always accompany free inquiry. If any thing material in the evidence laid before the Committee should have escaped me, it will perhaps be excused, from the shortness of the time allowed for its perusal. INQUIRY Bdl on Distilleries. 501 INQUIRY INTO THE POLICY AND JUSTICE OF THE PROHIBiriON OF THE USE OF GRAIN IN THE DISTILLERIES, &c. THE distress of our West India Colonies has for some time excited the public attention ; and as the persons chiefly interested in colonial produce, though a small, are not an unimportant class of the community, endowed with the spirit, and possessing the weight and activity of an affluent corporation, it is by no means sur- prising that their complaints have been heard. They have laid them before the pul)lic in various shapes ; and, with the common propensity of human nature, in exam- ining into the source of their distresses, they have found every one to blame but themselves. They have accounted for the present stagnation of their commodity in their hands by every cause but the true one, — their own imprudent speculation. That the present glut of sugar has arisen from an 7 over 502 BelJ on over cultivation of that produce, so as to overstock the market of the world ; and that our planters must sooner or later diminish their cultivation, now that more fertile soils are reviving, and entering the competition ; seem to me truths, which can hardly be doubted by any whose opinion is not in some degree biassed by their interest. The thing is probable in theory ; and, were any con- firmation of it wanted, it would be derived from the inadequate causes assigned for their present difficulties by the colonists themselves. It may perhaps be doubted, whether persons so suffering, are entitled to any relief from the public ; or, whether they ought not to be left to that correction which the immutable laws of nature have provided for rash speculation. This is a question, however, on which I at present forbear to enter. My chief purpose is, to inquire how far, if any relief is to be granted, that which has been proposed, of confining the home distillation to sugar, be a proper one. I shall endeavour to shew, that it is improper in every view ; impolitic in regard to the public interest; and unjust towards our home cultivators. When the subject of prohibiting distillation from grain was so much agitated a few years ago, the com- plexion of the question diflfered materially from what it is at present. It was then debated entirely on general grounds. The only interests considered were those of the public, and of the home grower; the consumer and producer of our domestic supplies. The interests of the colonists were not at all insisted on. Indeed the idea of distilling from sugar does not then seem to have been generally entertained. The question was argued as if the stoppage of the distillery would altogether suspend the formation of ardent spirit ; and hence two arguments were applied to it, on either side, which do not touch it in its present shape. The one was in favour of the distillery, on the score of its use to the revenue : the other against 8 it Distilleries. 503 it, on the effects of the consumption of distilled spirit on the health, morals, and happiness, of the people. As an object of revenue, the distillery certainly has its advantages, chiefly in the view of easy collection. In any other light, it seems less important, as the grain used there, if consumed in the support of any other species of industry, would afford the same, or nearly the same revenue, levied on the produce of that industry, whatever it might be. The objection to distillation, on the score of its moral effects, has, I confess, always appeared to me by far the strongest counterpoise to the great benefits which it yields. When I consider the excessive indulgence in ardent spirits, which always attends their abundance ; the destruction which it occasions to the health, morals, economy, and industry of the people ; the ruin of natural affection, and the general depravity and misery which it brings on the lower orders, and their families ; I am some- times staggered in my prepossession of leaving all industry free, and inclined to prohibit a manufacture of poison, as I would any other public nuisance. I have need to recollect the other great benefits arising from tlie practice ; the general encouragement which it gives to agriculture, and the resources which it yields in occasional scarcity, before I can reconcile myself to its public toleration. In considering this objection, it is somewhat amusing to reflect on the different impression of arguments on dif- ferent minds. This, which I look upon as so weighty, and indeed the only one of the smallest weight against distilleries, has, I suppose, never been a feather in the balance in determining the legal provisions on the subject. The minds of statesmen and legislators are swayed by far other considerations. Indeed I fear I shall risk any little credit my other notions might gain, by dwelling on so simple an objection. But however this may be, the above objection is no otherwise important to the present inquiry, than as a 9 curious 504 Bell on curious speculation ; for wlietlier the measure now pro- posed be adopted or not, the quantity of distilled spirit will probably not be diminished. The only question is, whether it shall be manufactured from grain or from sugar? I believe the spirit distilled from sugar is rather more noxious than that distilled from grain ; but this difference is probably not so material as much to affect the argu- ment. Neither, on the other hand, does the question of revenue enter into consideration, for the quantity of manufactured spirit, and consequently the duties, will probably remain much the same. The interest of the distillers seems likewise to be pretty much unconnected with the present question. For though it appears, by the evidence before the committee, on the one hand, that corn is in general preferred for distillation ; and, on the other, that the suspension might profit individuals who have speculated in the view of its taking place ; it would seem, that an arrangement of duties may make the matter pretty nearly indifferent to them as a body.* A new and important interest, however, has made its appearance on the present occasion, which was scarcely thought of formerly, — that of our Colonial proprietors. They have, some time ago, applied to Parliament for assistance in their present distresses ; have suggested the suspension of the corn distillery as one mode of relief; and have had sufficient influence with the Committee of the House of Commons, appointed to inquire into their case, to induce them to recommend it ; after having failed in a like sug- gestion to a former Committee. f 10 Like * See the evidence of Mr. T. Smith (of Brentford), and Mr. T. Smith (of the house of Stein, Smith, & Co.) in the Appendix to the Report, particularly p. 34-81. Mr. D. Montgomerie, p. 126-8. t " The result, therefore, of the inquiry of the Committee is, " that however strongly they may feel the distresses and the diffi- Distilleries. 505 Like all bodies too who call for monopolies, they have not limited their argument, in suggesting the present measure, to their own necessities. They have endeavoured to persuade their countrymen, that the public interest is as much concerned in the suspension of the corn distillery as that of the colonists ; and, as is usual, they have per- suaded many uninterested persons that this is the case. "We have been told so even from very high authority, and are daily told so in a mass of crude speculation on this subject, which now overflows the country. The Report of the Committee likewise, though, of course, it enlarges on the colonial difficulties, does, however, urge certain grounds for the adoption of the present measure, on public views, connected with the present state of our foreign relations. This makes it necessary to consider the question on general principles, as well as with a particular view to the present distresses of the colonists. Nor are such general principles confined in their application to the question now agitated, but will enable us to judge of the same, or similar proposals, at all times and seasons. It is useful to be set right in regard to first principles, even if we should occasionally depart from them. We shall thus be better able to estimate the grounds alleged for such departure, as well as to determine its nature and limits. The present inquiry, therefore, divides itself into two branches. The first involves the question. Are there any 1 1 grounds, " culties uudor which the West Indian trade at present labours ; " however anxious they may be to recommend the adoption of any " measure which may tend to afford, even a temporary relief, from a " pressure so heavy and alarming, they do not think the measure of " permitting the use of sugar and molasses, for a time to be limited, " in the breweries and distilleries, one that would give to the West " Indian trade any relief adequate to its distresses, consistent with the " interests of other branches of the community, or with the safety of " the revenue.'' Rep. from the Distillery Conuuittee, Feb. 1807. 506 Bell on grounds, in the present circumstances of this country, independent of the distresses of the colonists, to justify the suspension of distillation from grain? The second involves the question, Supposing there are no such grounds, is the interest of the sugar colonists a sufficient reason for such a measure ? The first or general inquiry further subdivides itself into two branches. The present circumstances of this country, unconnected with the interest of the colonists, may be considered, in the first place more generally, as relative to a great nation producing its own supplies, and at amity with all the world. In the second place, under its present peculiar aspect, as importing a part of its supplies from foreign states ; while there is a chance of these supplies being interrupted, from the violence of war, in the present extraordinary combination against us. These two branches T shall consider in the two first sections, and I think they will exhaust all the views which have been taken of the subject unconnected with the interest of the colonists. In the second place, supposing it to be made out, that, on all and each of these general grounds, the proposed suspension of the distillery would be unadvisable, I shall next enquire. Whether the present distresses of the colo- nists are a sufficient ground for granting them relief, by the suspension of the distillery of grain, either in the view of justice to the home cultivator, or policy towards the public? This will form the subject of a third section. In all speculations regarding public measures, the great object of inquiry is the interest of the public. The interest of individuals, or classes of individuals, must be considered only as subordinate to this great interest. It is not to be inferred from this, that I maintain that 12 injustice Distilleries. 507 injustice is to be committed towards smaller classes, when the interest of the public requires it ; because I believe it to be a rule without one exception, that it never can be for the public advantage, to prefer one class before another in the free direction of their industry. In the following observations, therefore, when I speak of the interest of the home grower, or of the colonist, I always speak of it, not in exclusive relation to either of those classes of individuals, but as subordinate to the interest of the public. When I speak of anything tending to the prosperity or discouragement of our farmers, I mean only in so far as the public interest is concerned in that pros- ])erity or discouragement. When I speak of the pro- priety or impropriety of granting relief to the colonists, or of the mode of relief at present suggested, I speak of it, neither with favour nor dislike towards them as a body, but only in as far as it is for the public interest that any relief, or that such relief, should be granted. It is further to be attended to, that the measure now in agitation is not merely the free permission of import- ing sugar, or, what is the same thing, an equalization of the duties on sugar, and on corn, used in distilleries. It will be seen that, according to all the principles on which the following argument is maintained, I not only approve of such free importation as a temporary measure, but as a permanent system. AVhat is proposed in the Report of the Committee, and what I object to, is the monopoly of the distilleries granted to the colonist, and the forcible exclusion of the home grower from the competition. 13 SI-XT. 1. 508 Bell on SECT. I. Of the Operation of Distilleries in a Country ivhich sup- j)lies its own Consumption, or affords a Surjilus beyond it. THE operation of distilleries on a country producing its own supplies, or affording a surplus, may be considered under two views : I. In years of average home produce : and, II. In years of scarcity from defi- cient home produce. I. To enlarge on the importance of a flourishing agriculture, to the strength and prosperity of a state, does not seem at present necessary ; for it is a truth which the most erroneous systems of oeconomical policy never could entirely hide, and is one on which the public opinion seems now to be pretty well awakened, although the general views on this subject are still far from being wholly just. The land produce of a state, though not the only source of wealth (as some of its indiscreet favourers have maintained) is at least the most important branch of it, the foundation of all the rest, and the measure of their extent and limits. In a large territory, the amount of subsistence which can be imported, must necessarily be small;* and as the population of a state is regulated by its means of subsistence, a large territory can only be populous in proportion to the means of subsistence which it raises within itself. It follows, that aU other branches of industry, which are carried on by that population, must be regulated by the amount of the land produce. From these plain premises I do not infer (as some very able men have done) that agriculture should receive any peculiar encouragement from the law, beyond other branches of 11 industry ; * Smith's Wealth of Nations, B. 4. c. 2. Distilleries. 509 iiulustrv ; because I think such encouragcmcut can do it no good. But 1 infer, that it should sulier no positive restraint or discouragement to the advantage of other branches of industry ; because, though some limited branch of industry may profit by such preference, the industry and prosperity of the country in general must suffer exactly in proportion as agriculture suffers. Mr. Malthus (whose profound and original specula- tions have formed an sera in political science) has, how- ever, shewn, that it is not merely the gross amount of land produce in a state, in proportion to the extent of territory, which is the cause of domestic prosperity, but the relative amount of that produce, in proportion to the numbers of the people. Thus, if two nations possess an equal extent of territory, and raise an equal produce, and one contain ten millions of mhabitants, the other tivelve millions ; in the former, the food being divided in larger shares among the people than in the latter, the former people will enjoy greater comfort and happiness than the latter, in common and average years. But although the gross amount of produce, in propor- tion to territory, and its relative amount, in proportion to population, be diflerent things, and it be possible to con- ceive the gross produce, in proportion to territory, to be large, while the relative produce is small, and the people but moderately supplied (which I believe is the case in China) ; yet I imagine, in general, large gross produce and relative abundance uiriformly go together, where no impolitic laws or usages encourage a superfluous popula- tion, or interrupt the commerce of grain. — Wherever these arc left free to the operation of nature, a large gross produce is uniformly attended with a relative abundance among the people. In regard, again, to the public strength of a country, as opposed to other states, it is needless to shew how much tills depends on tlic amount of its land produce, in pro- 15 portion 510 Bell on portion to the land produce of other states. If two neighbouring nations are equal iu extent of territory, that wliich produces the largest supplies, will maintain the largest population, and a given proportion of that population will, of course, constitute a larger force than the same proportion of the other population. On the other hand, if two neighbouring nations are of unequal size, the smaller may, by a superior agriculture, support an equal population, and, of course, equal armies. In the particular circumstances, therefore, of every state, its force must be measured by the extent of its supplies. If France be twice as large as Britain, or (what, in the existing state of any two countries, is the same thing) have twice as many acres in culture, and yet Britain raise twice as much grain per acre, Britain will be as populous as France, and will be able to support equal armies. — This is supposing the gross produce of both countries to be the same ; their respective numbers to be the same ; and the proportion of these numbers which they maintain in war, also the same. But, strictly speaking, the power of a nation to main- tain armies does not depend so much on the amount of its population, compared with the population of other states, as on the amount of its supplies, compared with the suppKes of other states. I have observed that, though population always bears a near relation to supply, yet it does not always bear exactly the same relation to it. In one nation the supplies may be more abundant in propor- tion to the numbers, or, what is the same thing, the people less numerous in proportion to the supplies than in another nation. Now, in such circumstances, the nation whose abundance is the greatest, though it use its whole supplies in peace by the various modes of consumption, may, in war, by a retrenchment of its consumption, yield larger supplies than its poorer neighbour can do, to the maintenance of an army, and of those arts necessary to 16 the Distilleries. 511 the supply of an army, and, of course, support a larjrer army. Its population, thoujih in numbers only equal to that of its rival, yields in war a greater disposable propor- tion without diiuinishing- the land produce, provided the consumption in the richer nation be diminished in the same proportion. The richer nation can support an army of 120,000 men, equalhj well appointed and supplied, as the poorer can support an army of 100,000 men. — Or, the richer nation can support an army of 100,000 men better appointed and supplied than the poorer nation can support the same number. It appears, therefore, that the public strength of a state, as well as its domestic prosperity, is in proportion to the amount of its supplies. The encouragement of a great land produce, therefore, becomes the first of all objects, towards both the domestic happiness and the public security of a state; and while on this subject, it is pleasing to reflect, that the example of our own country is the best confirmation of the above doctrines. No long settled community, of equal extent, has, perhaps, ever yielded so large a produce as Great Britain ; has supported its population in such general abundance ; or possessed such prodigious resources for offence and security. The average land produce of Great Britain is as much superior to that of other nations, as her manufactures and commerce.* This she has attained, not from the perfect rectitude of her policy in regard to agriculture, but because the errors she has committed have been fewer than those committed by other nations ; 1 7 and * Mr. Ar. Young (the justness and importance of whose practical o})servations in political economy shine through the uncertainty of his general principles) has remarked, that England has always been as mucn superior to France in agriculture as in other branches of industry. By his calculation, the produce of this ct)uutry was to that of France when he travelled (1789-92) as 28 to 18 512 Bell on and the consequences of them have been more completely palliated. The first of these advantages she has derived from the influence of the public voice and interest over her public councils ; the second from the freedom of individual exertion, overcoming the restraints of an inju- dicious policy. Such, then, being the importance of increasing the actual land produce of a country, it may be laid down as an axiom, that every positive restriction, which limits the power of the farmer to augment the land produce, is immediately injurious to him, and consequentially inju- rious to the community. I say every positive restriction, which gives the preference to some other branch of industry over his ; for, as far as respects a free competi- tion, though that may sometimes diminish the farmer's profits in the mean time, it will be for the advantage of the community. It is only when the farmer asks some monopoly, that his interest and that of the public can ever be opposed. It is the mterest of the farmer to have an abundant produce, but yet somewhat under the demand of the market. It is the interest of the public that the produce should be abundant, and the market pretty fully supplied. In other words, the farmer wishes for plenty, and tolerably high prices ; the public for plenty, and tolerably low prices. But while, on the one hand, it is not the interest of the farmer to have too high prices, which can only proceed from very deficient produce ; on the other hand, it is not the interest of the public to have too low prices, proceeding from over-abundance, which may discourage the farmer, and induce him to retrench his cultivation. Such retrenchment naturally leads back to scarcity, and a change of this kind, from plenty to scarcity, is a much greater evil than if the produce had never exceeded the lowest point of the vibration. Though it be the interest of the public, therefore, tliat grain should be cheap, it 18 never DistiUertes. 513 never can he its interest that grain shonkl he so eheap as to injure tlic eultivator. Such an ovcr-clicapucss may sometimes arise in the course of nature, hy the farmer's improvident over -trading, and, in such a case, shouhl he left to remedy itself hy natural means. It will, however, scarcely ever amount to an evil, if things he left to their own course, and nothing ohstruct the natural efforts of competition to relieve itself. But whenever the cheapness is produced artificially, or hy forcihle means, it may be pronounced pernicious, as injm'ious to the puhlic in the long-run, as immediately to the grower. Cheapness and dearness, it is to be observed, are variable terms, importing the relation between the demand and the actual supply. It is therefore impossible to fix them by any definite standard, or determine when either is excessive. When matters are left free each will accu- rately adapt itself to the actual amount of supplies. Corn will never be cheap but when it ought to be cheap, nor cheaper than it ought to be : — It will never be dear unless when it ought to be dear, nor dearer than it ought to be. The cultivatoi-'s complaints of low prices on the one hand, or, as it is usually termed, the loant of adequate returns to the grower, are just as unreasonable as the public com- plaints of high prices on the other. The return in the market, when matters arc left free, must be the adequate and proper return, in proportion to the amount of produce. If this last be too large, the farmer has overtraded, by advancing cultivation too rapidly, and must diminish it. This is the only sense in which I use the word cver- chcapness, when arising from natural causes, and the only remedy I would propose, however low prices might fall. There are two modes in which the farmer's profits may be lowered, and abundance created by forced expedients, which, in a course of average seasons, have nearly tlie same effect ; namely, the sto])page of liis market, anu the ID increase 61-4 Bell on increase of produce ; — tlie one professing to attain its end by restraint, the other by encouragement. In the annals of legislation, we are no strangers to various schemes of policy which have professed to lower the price of grain by forced limitations of the market. The famous minister Colbert, wishing to encourage the manufactures of France, bethought himself of increasing the plenty, and lowering the price of grain, by prohibiting its export. In this way, no doubt, there was suddenly thrown back on the home market the whole quantity usually exported, and the consequence must have been an immediate plenty and cheapness. But all the effect of this was very soon over ; for the farmers finding a glut of their commodity on their hands, and the prices so low as to yield them no adequate return, (an expression which in this case might be used with propriety,) were forced to retrench their cultivation, and thus reduce the produce to what it was formerly, exclusive of the export. The object desired, therefore, was almost immediately defeated. But this is by no means stating the full amount of the evil. For the discouragement to agriculture, from the closing up an indefinite vent to its produce, will always diminish that produce, or prevent its gradual increase, in a propor- tion far beyond the actual amount consumed by that vent at the time of the restriction. The policy of M. Colbert, therefore, not merely defeated its own end ; not merely did not promote the cheapness, and advance the industry which he favoured; but was probably greatly injurious to it. He snatched at a hasty advantage by sacrificing the spring which was to prolong and augment it. The character of his policy (to use the illustration of Montes- quieu on another subject) resembled the eagerness of the savage who, to get at the fruit, cuts down the tree. The an? logy between the above policy and that of prohibitiuc distillation fi-om corn, is obvious and com- plete. The distillery affords the farmer a steady, con- 20 venient Distilleries. 515 venicnt, and profitable market for his produce, exactly in the same way as export. It is also indefinite in extent ; and if the vent which it furnishes be in general more limited than that of export, it is nearer, more sure, and not dependent, like the other, on the demand of other states, or our connection with them. Like the former, it encourages a considerably larger produce than it actually consumes.* The effect of a stoppage of this vent, like that of the other, is to throw the whole grain used there into the common market, which, while it occasions a transitory cheapness, will lower the farmer's profits, and finally reduce his cultivation to the full amount of the grain usually distilled, and probably much further. In short, the analogy, so remarkable in other in- stances, between produce and population applies perfectly here. A free emigration increases the numbers of the people in the same manner as a free export, or other vent, increases produce. All attempts to force either, by direct encouragements, are miavailing. All attempts to stop their natural vents lead to the very decrease that is feared, t 21 There * This opinion i3 distinctly expressed by that very intelligent cultivator Mr. Wakefield, in his evidence before the Committee, App, to Rep. p. 109-111. The operation of even a very limited vent in encouraging produce is described by Mr. A. Young, in his evi- dence before the Committee. The quantity of grain used in the distilleries of the United Kingdom, is stated in the Report to amount to 781,000 qrs. 470,000 in Britain, and 311,000 in Ireland. t They who doubt of the effects of a free and regular emigration in increasing numbers may, I think, be convinced by perusing Mr. Malthus's account of the irruption of the barbarous nations of the north of Europe. That author has completely solved the problem of their excessive numbers, which had puzzled so many of his pre- decessors. Dr. Ferguson has compared the attempts to increase population to the assisting a water-fall with an oar. The fears of its decay from emigration resemble the fears of the river running out, and leaving its channel dry. Sec this matter enlarged on, and 516 Bell on There are, however, certain reasouers who have denied that the home grower would sustain any loss from the stoppage of distillation. He would save as much, accord- ing to them, in the reduced wages of labour and poor rates, the easier maintenance of his family, &c. conse- quent on the cheapness, as he would lose by the fall of grain. If this be true, the price of grain is of no conse- quence to the farmer, and the fixation of a maximum, however low, would be to hira a matter of indifference. By the same reasoning we may satisfy the woollen manu- facturer, that a fall in the price of cloth is nothing against his interest, as he might then clothe his workmen, servants, and family cheaper than before. It is painful, at this time of day, to be obliged to reply seriously to such folly. Were the argument intended to convince those only whom it professes to address (the farmer or manufacturer), it would be idle, indeed, to take notice of it. Their interest and experience tell them its absurdity too plainly to allow them to be deceived. Let others be convinced, from what is observed of their conduct (if unable to see it themselves), that a forced decrease in the price of any commodity is never compensated to the dealer by the lower wages of his workmen, or any other consequences of the fall. If the farmers in this country consider the stoppage of the distillery as a matter of indifference to them, I have done with my objections. Such, then, will be the consequence of stopping dis- tillation, or any other natural vent to home produce, in a course of average years. The effect of taking away a vent to produce, in case of the occurrence of scarcity, I shall afterwards attend to. But the forced limitation of the market is not the only device that has been fallen upon to increase abund- 22 ance, practically applied, iu Lord Selkirk's excellent treatise on the High- laud Emigrations. Distilleries. 517 ancc, and lower prices. Some persons expecting to attain tlic same end by encouragement, as in the former case was expected by restraint, have proposed a bounty on the improvement of wastes, or breaking up grass lands. But it seems evident, that, in as far as this is forced beyond the natural demand of the market, the former cultivation will just suflfer in proportion as the new cultivation increases ; and the supplies will merely be raised in different places, w^hile their aggregate amount will remain the same. But, indeed, any encouragement of this kind must be so insignificant, that I rather think it will produce no effect at all. The effects of such a measure as to scarcity, and with the view of diminishing importation, I shall afterwards consider. But while the direct encouragement of home produce is unavailing, or injurious to the farmer, and, in neither view, will lead to any increase of supplies, all obstacles to its free progress should be removed. This is indeed the whole length that the encouragement to improving wastes, or turning grass lands into tillage, should or can go ; and^ while thus free, the interest of the farmer and the public always go together. The farmer, like the undsrtaker of every other branch of industry, must lay his account with the competition of every other person who pursues the same, or any other trade, in a lawful manner. If any other person pursue his trade in the way of breaking up waste lands, he does no more than he is entitled to, and has no preference over those who cultivate the more improved soils. The too rapid cultivation of wastes is a thing impossible, if left wholly to private interest and industry, because the inducement to that practice is only in proportion to the high price, or scarcity of land produce ; and as the scarcity is relieved, or prices fall, the inducement to culti- vate wastes must fall in proportion. The operation of improving wastes must therefore be gradual, and suited 23 to 618 Bell on to the public demands. The public demands, on the other hand, will adjust themselves to this natural and permanent increase of produce, and the community will receive a lasting benefit, while the class of cultivators will suflfer no injury. An analogy has been drawn from the plan of increasing supplies by the above means, to that of increasing them by the suspension of the distilleries ; and although there be a diflference between them in the view of scarcity, as shall afterwards be shewn, yet in the continuance of average supplies, I think the analogy may be admitted. The interference in regard to both is equally wrong ; the farmer is injured by both ; and the public will ultimately be so too; only, as the power of the legislature can operate much more surely in suspending the distillery than in forcing improvement, the injurious effects of the former will be more strongly felt. On the other hand, as the free competition of the culture of wastes can do no harm, neither can the free admission of the colonial produce into the distilleries. Another mode of increasing the home supplies, from which an analogy has been drawn to the suspension of the distilleries, is the importation of com. This case just resembles the last. If importation were promoted by a bounty, or other encouragement, while there was no call for it from scarcity, it would be equally wrong with the forced importation of sugars by the suspension of the distilleries. Did any of our colonists grow rice, and did we give it some exclusive encouragement in our market, the case would be just the same, at least in average seasons. Such encouragements, however, never have been given to foreign growers. They are never even allowed the fair competition of our market, (which I think both they and the colonial proprietors ought to be,) but all that they send in common years is loaded with heavy duties. Were the colonists at present asking no more 24 favour Distilleries. 519 favour than the utmost that has been ever extended to the foreign growers of corn, during average years, I should be far from objecting to their demands. The discouragement of the British grower, therefore, from the improvement of wastes, or importation, can never bear any resemblance to his discouragement from the stoppage of his market, while the one is free, the other compulsive. II. I have thus, I think, sufficiently shewn the bene- ficial efiect of distilleries, and other vents, in encouraging cultivation in common and average years ; and the inju- rious consequence of a forced suspension of them, both to the home grower and the public. I now proceed to inquire into the nature of their operation in seasons of scarcity, and the consequence of their suspension in such an event. The scarcity to which I at present allude, is that which arises from deficient home produce, as I am now considering the question abstracted from the circum- stance of importation. They who have given the attention which it deserves to the excellent work of Mr. Malthus, must be aware of the uniform relation maintained between the population of any country and its means of support; of the con- stant tendency of the former to encroach upon the latter ; and of the inadequacy of the utmost assignable produce in any country to maintain the people in plenty and happiness, unless the natural tendency to increase be repressed by some forcible check, either directly or indi- rectly, a certain length below the means of subsistence. AVhenevcr the means of subsistence, however, are, from any cause, unusually abundant, and the people enjoy great comparative ease and comfort, the disposition to early marriage will speedily augment their numbers, which will rise till they begin to press against the limits of subsistence. This will bring a gradual decrease in the 25 ~ comforts 520 Bell on comforts of the people, and again reduce tlieir numbers, till they fall below the decreased means of support, and are then prepared to oscillate as before. This natural oscillation is far from being a light evil, as the periodical sufferings of scarcity greatly overbalance the additional comforts enjoyed in seasons of great abundance ; so that, upon the whole, it would be far better for a people to have a steady supply, though not larger than the lowest amount in the scale of vibration just stated. Yet the evil, though far from light, would be trifling compared with what it really amounts to, were the products of the soil exposed to no other casualty than such a gradual periodical vibration as the above, only influenced by the increase or decrease of population. Were the products of the soil, like the products of other manufactures, wholly dependent on the exertions of man, they might suit themselves pretty accurately to the demand through- out every year, or series of years, and increase or diminish the supplies to a known and definite amount. But in determining the amount of land produce, another power must co-operate, over which man has no controiil, namely, the influence of the seasons. This may occasion a sudden disproportion in the supplies, which can occur in no branch of industry wholly dependent on human exertion -, while, at the same time, a deficiency of supply in this can much less be endured than in any other. It is not, therefore, a sufficient security against famine that a nation yields such a produce as to maintain all its people moderately in average years, if that produce really be all consumed as human food. It is necessary that a con- siderable surplus be raised for consumption in some other way than as human food, which may exist as a resource on a sudden deficiency, and may be thus turned from whatever other purpose it was destined for, to the use of man. To dispose of this surplus in average years, the following methods seem to be the chief : — 1. Storing up 26 in Distilleries. 521 in granaries at the public expcucc, to be opened in times of scarcity. 2. Storing up by private individuals engaged in the commerce of grain. 3. A degree of waste in con- sumption and preparation, as the food of man, and the maintenance of inferior animals for luxury, which may be denominated profuse consumption. 4. Export to foreign countries; and, 5. The distillery and brewery. In the two first of these ways, superfluous produce is disposed of by accumulation, in the three last by consumption. If the grain disposed of in any or all of these ways amount nearly to the utmost deficiency to be expected from an unfavourable season, the security against extreme want is as great as the nature of things will permit. They all serve the double purpose of an indefinite vent and encouragement to increased production in common years ; and of a security against scarcity, both by repress- ing the over-increase of population in common years, and by yielding, in bad seasons, for the food of man, the supplies w^hich were raised for their market. 1. The first of these methods of disposing of surplus produce, the storing up in public granaries, is by far the worst of the whole ; and never need be resorted to in any country where impolitic restrictions do not impede the natural operation of the rest. When such a system of public storing is adopted, it can only be carried into effect by means of a tax on the people ; and we may be sure that the fund so raised will be expended under the direc- tion of Government, with much less judgment and economy, and the gi-ain purchased will be much worse preserved, and more improperly applied, than if the same end were pursued by individuals engaged in the commerce of grain, under the free protection of the law. Their own interest will direct such men when and how far to purchase and store up, and when and how far to sell, in the manner best for the interest of the community. Accordingly, in most of the civilized nations of the world, 27 the 522 Bell on the duty of storing up has been pretty much relinquished by Government^ and left to individual dealers. In the despotic and barbarous nations of the East, however, where agriculture labours under so many oppressions, the practice is still adhered to from necessity. In China, where an unwieldy government, and absurd prejudices among the people, combine to fetter internal industry, and forbid the export of corn, the practice of storing up grain for the public is carried to a considerable length ; and, at the same time, we learn its inefficacy to relieve the frequent scarcities which occur in that country. We are told, that when a scarcity occurs, and the emperor's granaries are ordered to be opened, they are often found nearly empty, from the knavery of those having charge of them. Many difficulties are thrown in the way of transporting the grain, and the poor people are allowed to die in such numbers, as to reduce them within the limits of the subsistence which they can procure for themselves.* These evils, though, perhaps, aggravated from the bad government of China, are inherent in all such schemes of preserving a public supply. As already said, such schemes can never be needed w^here that matter is entirely committed to free individual exertion. 3. It has been the policy of all barbarous govern- ments to discourage large dealers in corn, from the idea that their accumulation of grain might produce artificial scarcity ; and this policy, with other prejudices of the same kind, has thrown the task, as already hinted, into much worse hands, that of the governments themselves. I need not mention the follies which have filled our statute-book on this subject, nor the disgraceful prejudices which appeared upon it during the last scarcity ; even in those whose public station left no excuse for their igno- 28 ranee. * See Barrow's Account of Cliiua, aud Life of Lord Macartney. Distilleries. 5*23 ranee. It is only, indeed, because our laws have yielded to the general feeling of public interest, and are not enforced, that we are not all made sensible of their mischief. "Were corn-dealers generally to be prevented from purchasing, or forced to sell, at the will of the legislature, or of judges, we should feel by experience the miseries of deficient supply. The interest of the corn- dealer, where he is left free, necessarily, in all respects, coincides with that of the public. It leads him to accu- mulate when corn is cheap, and thus takes an useless siu'plus out of the market ; and to sell sparingly as scarcity increases, which diminishes consumption, and preserves the supplies from absolute failure before the ensuing crop. Any interference with this operation by the law must, as far as it goes, produce mischief to the public as well as to him.* 3. The vent of a luxurious home consumption in the food of man, and the inferior animals, is probably in all countries the most important resource in seasons of scarcity. It is both the greatest in extent, and has the singular advantage of being less liable to interruption than the rest from the interference of governments. The degree of waste in the preparation of food by the richer orders of society ; the maintenance of a number of horses, and other animals, for luxury ; as well as the over abundant feeding of those which are necessary ; all oeea- siou a vast consumption of corn, and of herbage, from land that may be turned to corn, which in common years disposes of a large surplus, beyond the necessary con- sumption of man ; in so far represses the population in those years; and aflFords an important supply to be set free for the use of man in times of scarcity. Those well- meaning persons who lament the waste of luxury, and 29 the ♦ See Smith's Wealth of Natious, 13. 4. c. 5. 524 Bell on the number of useless animals that consume the food of man in this country, may hence see how ill-founded are their regrets and apprehensions. Were every useless horse sent out of the kingdom, the number of those useful diminished as far as possible, and were all fed in the most frugal manner, the plenty of the people would no doubt be in the mean time increased ; but the popula- tion quickly augmenting (as well as produce diminishing in various ways, from so absurd a measure,) the people would soon arrive at the same point of relation to the means of support, and their comforts would remain unaltered. All the advantage would be an actual increase of numbers even in common years. But if a scarcity were to occur, the situation of the people would be much worse. There would be no produce raised beyond what was annually consumed by man ; any retrenchment from the usual moderate supply would occasion the severest suffering ; and deficiency to any considerable amount would create absolute famine. Accordingly, it is in China, where the inferior animals are extremely few in proportion to man, that this dreadful calamity most fre- quently occurs. In Great Britain, where the number of the inferior animals in proportion to man is unusually large, scarcity has probably been less felt than in any country on the globe.* 30 It * The consumption of the aggregate number of horses kept in Great Britain, has been calculated by a very competent judge, Dr. Coventry, Professor of Agriculture in the University of Edin- burgh, in an estimate which he has favoured me with, at the produce of sixteen millions of acres, which, at the rate oi four quarters per acre, might yield sixty four millions of quarters of grain. In thus explaining, however, the use of a number of horses, or other inferior animals, I would not be understood to approve of that waste of labour which we often see, especially in England, in the employment of unnecessary horses for carriage or agriculture. These, in regard to labour, are absolutely useless, yielding neither profit nor pleasure ; Distilleries. 525 It may be said, indeed, that the food wasted in luxu- rious preparation, or consumed hy the lover animals, in common years, is a resource in time of scarcity, only on the supjiosition that the waste is then retrenched, and the consumption of the lower animals diminished or suspended at such a season ; whereas, the rich, it may be said, will continue to pamper themselves and their useless horses, though the people should starve. But to this it may be replied, that the interests of the public are fortunately not left to depend on the feelings of moral duty on such occasions, but are enforced by the infallible provisions of nature. The rise of prices, which must happen on a scarcity, will force the rich, in spite of themselves, to retrench their superfluities ; and it is in the admitting of this retrenchment that the habitual existence of a super- fluity is so useful. The delicacies of the table must be retrenched, the maintenance of all inferior animals must be reduced, and the number of those merely kept for luxury or convenience must be lessened, through all classes of the community, (except, perhaps, among a small number of the most affluent) by the natural pressure of scarcity and high prices, however ill disposed individuals may be to such retrenchments ; and the food raised to supply the luxurious consumption, will necessarily be turned to the use of man.* 31 4. The and though the keeping of them we see has some advantage, it is paying too dear for it. "We might as well throw the grain they consume into the sea. Besides, if dismissed, they would probably not altogether disappear, but be turned to more useful purposes. * The above considerations (as already hinted) may relieve the fears of certain well-meaning people, as to the political evils at least (contradistinguished from the moral evils) of excessive luxury. The greater the general luxurious consumption of a country, the better is it secured against the risk of scarcity ; nor can it go to a further extreme in this respect, than will be for its own advantage. Neither can I help taking notice of the amusing inconsistency of 526 Bell on 4. The export to foreign countries^ when the state of our produce admits of it, affords no doubt a very useful vent. In as far, therefore, as perfect freedom of export goes, this vent ought to be encouraged ; but, it is less to be relied on than those which exist within the country. For, in the first place, it depends for its continuance on the state of supplies in the foreign importing countries ; and should their agricultural produce increase, so as to equal their demands, our market with them must gradu- ally be closed. The plan of persisting to force a market by a bounty on export, has been recommended by very able men ; * yet I cannot but think it a vain and frivolous attempt, useless, if our produce be so abundant as natu- rally to yield a surplus for export, and ineffectual, if it be not. Secondly, not only is the vent of export subject to this gradual stoppage, by the natural rise in the prosperity of the foreign countries ; but if on a scarcity at home this exported surplus be retained for our own necessities, the importing nations whom we used to supply, on finding that we withdraw this supply occasionally for our own relief, will suffer so much that they will cease to depend on it, and use every exertion to increase their home growth, or seek for their supplies elsewhere. Thirdly, a year of plenty may occur, as well as of scarcity. In a year of plenty, the foreign market may not extend to admit of an enlarged export. It may even be interrupted by temporary causes. A glut then returns upon our own market, which discourages cultivation so as to reduce our produce to our own supply. The vent of export, there- 33 fore, certain reasoners, who in one breath lament the luxury and corrup- tion of the times, and the next exclaim against the load of taxes. Now it is very apparent, that the more we are relieved of taxes, the more luxurious, and (as far as it depends on luxury) the more cor- rupted we shall become. * Malthus, Essay on Pop. B. 3. c. 7—10. Distilleries. 527 fore, depends on variable causes, and lias not that princi- ple of continuance, nor that power of suiting itself to circumstances, which the modes of home consumption possess. "While, therefore, for the above reasons, T think the vent of export less to be depended on than the other vents which we command at home ; and that it is idle to attempt its encouragement by a positive bounty ; I still consider it to be a very useful resource, when the state of our home produce, compared with that of other countries, naturally leads to it. It should be encouraged as far as perfect freedom of export goes ; and while, on the one hand, I disapprove of its extension by a bounty ; on the other hand, I think it should never be impeded, even in seasons of scarcity, but left to suit itself naturally to our home demand. The analogy between this and the other forms of disposing of superfluous produce, is complete. The interest of the corn dealer in exporting, is precisely similar to his interest in accumulating. He never will export when high prices make it his interest, and the interest of the public, that he should accumulate. He regulates the one and the other in the way most beneficial to himself and the public, when left wholly free. It is as inexpedient to impede or controul him in regard to the one, as in regard to the other. 5. The distillery and brewery afford a vent to the home produce, which resembles all the former, and, as far as it goes, is attended with the very same good effects. In average years, it takes out of the market a certain quantity of corn beyond what is necessary for human subsistence, thus encouraging increased produce, and repressing population ; and when scarcity occurs, it yields this surplus to be turned to human food. As formerly hinted, too, this disposal of superfluous produce, like the three first mentioned, has an advantage over the vent of foreign export, as affording a market nearer, more certain, 33 more 528 Bell on more under the eye of the farmer, and less dependent on our relations to other states, or their internal regulation and prosperity. While always ready to give up its con- sumption naturally when necessity requires, and to yield the produce raised for that consumption to the use of man, it is a market equally ready to revive on the recurrence of plenty, to suit its consumption to the state of produce, and thus equalize the supplies throughout successive years. The operation of distilleries in this way is precisely analo- gous to that of the corn dealer and exporter, and the prejudices on the one subject exactly resemble those on the other. The result of the above observations seems to be, that the four latter modes of superfluous consumption (which have a strong analogy to each other) are all eminently useful in common years, as aflPording an encouragement to land produce, while they somewhat repress the conse- quent increase of population ; and, on the recurrence of scarcity, yield a sure and valuable resource. That while, on the one hand, it is absurd to encourage them for the interest of cultivation by positive bounties; on the other hand, it is wrong to repress them for the public supply, even in the greatest necessity, because they then naturally suit themselves to the public wants in the best possible manner, when left alone. In applying the above general principles more particu- larly to the measure of suspending the corn distillery, now in agitation, it is natural to inquire, First, Whether there does at present exist any necessity for throwing the grain usually consumed there into the common market, from a scarcity of provisions? Secondly, If not, what will be the consequence of doing so prematurely, and before the necessity comes? and. Thirdly, Even in the case of actual pressure from scarcity, should such a com- pulsive measure ever be resorted to ? First, As to the existing state of ovir home supplies, 34 that DistUleru's 529 that there is at present any defioicney of these, the eurrent rate of prices abundantly disproves. The wheat crop reaped last autumn in this country, it is generally allowed, vras rather an abundant crop ; and indeed this fact, as I take it, is proved iu the best of all ways, by the rate of prices just alluded to. We are now nine months from the last harvest, and within three of the next, and the market price of wheat, which is our regulating standard, is as low, or rather lower, than it has been on an average of these several years past ; a mere trifle above what it was immediately after the last harvest ; and very nearly sta- tionary since the month of November. The price in the London market, on the 16th of the present mouth of May, was fi-om 50 to 78 shillings the quarter. The price for the preceding month of April, was from 6J^ to 7 \> shillings ; that for October last, from 5 i to 68 ; that of May last, from 64 to 80; that of May 1806, from 70 to 84 ; that of May 1805, from 80 to 100. Yet on none of those occasions was there any idea of stopping distillation, though the prices were often a good deal higher than at present. In short, the prices are at this moment lower than they have been, at an average, for some years past, and have not risen materially since last harvest. Tliere is at present rather an abundance than a scarcity in the country.* It is no doubt true, that oats and barley are compara- tively at high prices, but this is obviously nothing to the purpose in view of scarcity ; and is besides owing to temporary causes, which cannot be expected to influence another crop. In the view^ of scarcity, it is not the 35 relative * The abundance of the last crop of wheat, the present moderate state of prices, the small import, and the sufljcioncy of this country to supply itself, are also stated by Mr. Wakcfickl, A pp. to llcp. p. 110. Mr. Claud Scott, p. II G- 17. Mr. Kent, p. 121. Mr. Mackenzie, p. 122-3-4. 530 Bell on relative abundance or price of particular kinds of produce ; still less of the smaller and less important ; but the actual amount of the wliole consumable produce in the country, or the standard price of bread-corn, that is the only matter of importance. The abundance of the people depends on the quantity of human subsistence ; and it is idle to talk of the people suffering from the want of oats and barley, when wheat is plenty. The distUlers have, it is said, in some places, tried to introduce wheat into their manufacture, yet even this has not sensibly affected the price of that article. But further, the present relative scarcity and high prices of oats and barley, have arisen from temporary causes : — partly from both being comparatively an under crop last season, particularly in Scotland :• — partly from the general failure of the pulse crop ; — and partly from the sudden demand from the distilleries, which the pros- pect of the present measure has occasioned. None of these causes can be reckoned upon for another season.* That there is no call for stopping the distillation from any present want of subsistence in the country, is there- fore apparent. The people are at present eating bread as cheap as they have done for some years past, indeed rather cheaper; and no ground now exists for such a measure, that has not existed for all that time. That there may be want in some particular districts at present, I will not deny. This may be a good reason for affording them relief from the abundance of other dis- tricts, but is none for a general measure like stopping distillation, when the state of prices shews that there is a general plenty in the country. 36 But, * Notwithstauding these causes, (as to which all the agricultural gentlemen agi-ee,) the price of barley, 'though certainly high, does not seem to be very extravagant. See Mr. Mackenzie's Evidence. App, to R^. p. 120. nistillcries. 531 But, secondly, It is said, that althouji;li no scarcity now exists, the present or future crops may fail. It may then exist ; and we must take precautious against that event. To this I reply, that the present or future crops have as good a chance of being abundant as deficient. This is a contingency which no man can foresee ; and there can be no reason for taking the precaution now, which will not always exist. This system of perpetual precaution, therefore, just amounts to a standing prohibition of the distilleiy of grain. But in case the calamity of deficient produce should at some future time actually befall us, what will be the effect of this premature precaution? The grain raised for distillation being forced back on the gix)wer, or dealer, and the general prices falling, he will cease to raise the same quantity by the whole amount of what was usually distilled, probably by a good deal more. This quantity will therefore disappear from the market. If it had been displaced by corn, even forcibly encouraged from waste lands, or imported by a bounty, as formerly mentioned, the same, or nearly the same, quantity of subsistence would still have been within the country ; and that part of it consumed by the distillery, would still have re- mained to be set free for human use on the occurrence of scarcity. But, in the present case, the grain displaced, is replaced by sugar, a commodity which, in the utmost necessity, cannot be turned to human support. No resource will therefore remain from the suspension of distillation, when necessily shall call for that measure, if we now adopt it without any necessity. But, thirdly, it may be said, that it is no longer time to betake ourselves to this resource, when the necessity has arrived, for then the corn will have been actually distilled. To this I reply, that there will be abundaut time to take the precaution ; and, indeed, the remedy will apply itself in the best way, without any such pre- 37 caution. 53'2 Bell on caution. The grain raised for distillation is not all dis- tilled in one day or week ; it is done gradually. As grain becomes scarce, and prices rise, it will be distilled more slowly every day, because the distiller can less afford to purchase it, or, if he has purchased, he will cease to distil it, as spirits fall in price, from the people giving up the consumption of them.* This will happen the sooner, if the importation of sugar be at the same time free. The distiller will thus either leave his stores to the corn-dealer, or become the corn-dealer himself. The evil thus neces- sarily cures itself, without any public interference. In the same manner, at such seasons the luxurious consump- tion of individuals will be retrenched ; superfluous horses will be underfed, or dismissed ; export will cease ; tlie corn-dealer will be enabled to accumulate, as far as his capital will permit ; and the more he accumulates, the greater is the public security, that the scarcity will not be increased to famine. No stoppage can be put to luxu- rious consumption, farther than what moral duty and interest enforce. None should be put to export or distil- lation, otherwise a part of the produce is forced on the market, which there is no capital to store up, and re- trenchment is prevented from taking place among the people so soon as it ought to do. Corn will never be exported, when a good price can be got at home;— It will never be distilled, when it can be sold higher for food. 38 No * This idea is very justly expressed by Mr. Ferguson, in his evidence before the Committee. " I cannot judge with regard to " the powers of merchants in importing grain ; but it has always " appeared to me, that one of the greatest and best founded securi- " ties against the effects of a famine, is to promote the flourishing of " the distilleries, the consequence of which would be, that when a " famine really occurred, people would give up the use of spirits, " which is not a necessary of life, and leave the grain for food, which " used in favourable years to be applied to the production of spirits." — App. to Rep. p. 158. Distilleries. 533 No stop should be put to the accumulation of the corn-dealer, whose storing up helps to enforce early re- trenchment, and whose stores come forth as scarcity increases, and prevent that extreme of misery which a rash over-consumption would have occasioned. The same rule of perfect freedom equally applies to ail these modes of consumption. The arrangements of nature need no assistance from the feeble and presumptuous efforts of man, whose interference only disturbs what it cannot amend. In the system of human improvement, that knowledge, I believe, is as important and as slowly acquired, which informs us what we cannot do, as that which informs us what we can. It may perhaps be prudent to prohibit export and distillation, when these vents are nearly closing of their own accord, to pacify the excusable prejudices of the people in times of severe scarcity. As to the corn-dealer, no interference with him should ever be attempted. The people may be assured, that any immediate relief received in that way will sooner or later lead to aggravated misery.* It appears, on the whole, then, that the operation of distilleries is to lead to an augmentation of produce, beyond the amount which they consume ; and that they should never be suspended, except in extreme necessity, which does not at present exist, nor is likely to exist, (from deficient home produce,) in this country. The above doctrines seem to be just, with regard to a 39 country * There is not a more irrational sentiment than one which wee Holland. 562 INDEX. E. Elking, H.—'' Letter to Sir J. Eyles on the Greenland Whale Fishery,'' 63-5; his " View of the Greenland Trade," &c., 71-103 Emigration, causes of, temp. Elizabeth and James I, 21 ; considered as a relief for surplus populations, 424-5 England — Caesar's description of Britain qudtedj 9-10; her gain in conse- quence of religious persecutions abroad, 33-5 ; England always the sanctuary of her distressed neigh- bours, 34; the English by mis- taken charity encourage vagrants, 40; luxury, sloth, and pride of English poorer classes, 56-8 ; cora- jfarative thriftiness of the Dutch, 56; natural advantages of England in the whale fishery, 72, 91-8 ; how the English lost the Greenland trade after being first in it, 85-9 ; argued that England can carry on this trade more advantageously than any other country, 91-103; England the only country that enforces the support of the poor, 193-5 ; incum- bent on such a country to com- municate to all others the conve- niences of life she enjoys, 198 ; her coquetting climate, 478; source of her power, 511 ; cause of her com- parative freedom from scarcity, 524 Eusebius, referred to, 350-1 Exchange, origin and definition of, 222-3; nature of the par of ex- change, 223; the course of, how governed, ib. Exports, all prohibiiion of exportation of gold and silver unavailing, 237; bounties on exportation, vain and frivolous expedients, 526, 538-9 Eyles, Sir John—H. Elkings' letter to him as to the Greenland whale fishery, 63-5 ; letter of Sir J. Eyles to Mr. U Elkings, 67-70 Famine, provisions made in China against it, 205, 522 ; " Thoughts and Details on Scarcity, by Right Hon. Edmund Burke," 451-494; resources in times of scarcity,523-8 ; a real scarcity cannot be remedied, but only palliated, 545 Farmer, his interest and that of the labourer the same, 468, 470 ; his in- interest and that of the public stated, 512, 533— See also Agri- culture, 470 Fielding, Henry, his tract on robbers, cited, 443 Fitis — See Whale Fishery Fishery, — See Whale Fishery, — other fish found during whale-fishing, 79 Flanders, woollen manufactures of, in Elizabeth's time, 31 ; ruin of the trade under Spanish rule, 32-3, 81; transfer of her manufactures to England, 33-5, 81 ; settlement of Flemish families in England, 34 Florus, cited, 334, 335 Flotsam, definition of the term, 368 Food, consumption of, by English people, unusually large, 57 ; circumstances bearing on population and their means of subsistence, 203, 418, 423, 429-30, 508-9, 519, 520, 530; luxurious consumption in the food of man and inferior animals, a most important resource in seasons of scarcity, 523 ; estimated consump- tion of food by horses in Great Britain, 524, note Forestalling, absurdity of penal laws against, 459, 522-3, 533 France, evils of its Government prior to the revolution, 494 Franklin Dr. Benjamin, Extracts from his works on Population, Com- merce, Sfc, 161-240 Free Trade, it can never be for the public advantage to prefer one class before another in the free direction of their industry, 507; monopoly objected to, ib.; bounties objected to, 518, 526-8, 537-8; feeble and meddling devices of the restrictive policy, 540 ; advantages of free trade, 541, 556 — See also Trade Friendly Societies, formation of, re- commended, 442 G. Gain, or the hope of it, the mover of all intercourse or trade, 210-11, 213 Geddes, Dr. M., his account of the Moriscoes, cited, 405 Gellius, cited, 344, quoted, 346 Giannone, his " History of Naples " cited, 378-9 563 " Godulphin on Admiralty Jurisdic- tion," cited, 380, 386 Gold and Silver, uses of, considered, 218-222, 234, 261, 269, 271; the most scarce and precious metal should be the standard, 222, 238; effects of the fluctuation in their relative value, 23-1-5, 271-2 ; pro- hibition of exportation of, use- less, 237 ; why gold and silver are most j)roper for money, 269, 271 ; all undertakings must have been very confused before the use of gold and silver, 290 ; money and specie form but an insensible part in the total sum of capitals, 316 ; the stamp on coin neitlier adds to nor dimishes the intrinsic value of the metal, 234 Goihofred, quoted, 370, 371, cited, 372 Government, happy government of England, 32 ; tyraimical rule of the Spaniards in Flanders, 32, 81 ; effect of bad government on popu- lation, l('i9; causes which advance or obstruct the strength, splendour, and opulence of a state, 174 ; duty of government to provide coins or counters for exchange, 219 ; go- vernment interference with trade objectionable, 225, 463, 480-3, 489, 491, 495; truth of Cicero's observation, " Qui mare tenet etcm necesse est rerum. jjotiri," 340 ; dutiesofa government, 463-4, 492-4; monopoly of authority on the part of Government ruinous, 482 ; evils of the French Government prior to the Revolution, 494 ; "good inten- tions ill directed, and a restless desire of governing too much," 494 ; it never can be for the public ad- vantage to prefer one class before another in the free direction of their industry, 507; causes of domestic prosperity, 509 Grain— See Barky, Corn, and Wheat Granaries, impolicy of erecting public granaries, 480-3, 521-2; effect of this jiractice in China, it/. Graunt, Mr., cited, as to rate of mor- tality in London, 20 Great Britain — See Engtaiid and Scot- land Greenlatid Trade, "Vieu' of t fie Green- land Trade and Whale Fishery, v^ith the national and private ad- rantages thereof," 61-103; this trade considered as a nursery fo;- seamen, 67, 100, 102, infancy and progress of this trade, 85, 89 ; argued that England can carry on this trade more advantageously than any other nation, 91-8 Greenland Company, causes of its failure in the whale-fishery, 89, 91 Gronovius, " Thesaurus Antiquitatum Greecarum," cited, 362 Grotius, cited, 382, quoted 390 Gruter, two inscriptions quoted from, 366 Guicciardini, his history of tiie Low Countries referred to, 392 H. Hale, Chief Justice, his " Origination of Mankind," cited, 7, 9. Hamburg, her whale fisheries, 81 ; num- ber of her vessels employed whale fishing in 1722, 82; her commer- cial importance, 392 Hanse Towns, rise of, 384 ; their origin, 390-2, notes Happiness, philosophical, and vulgar happiness distinguished, 465 Hayward, Sir J., his " Life of Edward VI.," referred to, SSS Hrsiod, cited, 403 ; quoted, 414 Holland, rise of, 25, 33; thriftiness of the Dutch as com])ared with the English, 36 ; her great fisheries, 81-5 ; number of her vessels em- ployed whale fishing in 1722,82; table showing the results of her whale fishing from 1675 to 1721, 83-4 ; origin of the Dutch whale fishery, 86 ; argued that the English could carry on this trade more advantageously than the Dutch, 91-8; description of institution in Holland for the prevention of poverty, 201-2, 441 Homer, cited, 341 Horace, cited, 370 Horses, tax on, proposed, to encourage substitution of oxen, 445; estimated amount of food consumed by them in Great Britain, 524-5, notes Houses, relative value of, in different localities, 16-17; Cromwell's tax on new houses, 21 ; "Every man ti:at builileth an house gives security to the Government for bis good be- haviour," 24 Hoveden's Annals, referred to, 372 Huel, his " History of the Navigation and Commerce of the Ancients, citwl, 362, 564 INDEX. Importation — See Trade Inclosures of Commons, recommended, 44G-7 ; impolicy of bounties on the improvement of wastes, 517 Industry, in all shapes, in all instances, and by all means, should be en- couraged and protected, 215; fun- damental maxims for an industrious people, 215-C; trade is benefited by industry more than money, 217 Interest — The revenue of money, 261 ; nature of a loan, 291 ; lending on interest, 291 ; false ideas on this subject, ib. ; errors of the school- men refuted, 292-4 ; true founda- tion of interest of money, 294 ; answer to an objection, 295-7 ; the rate of interest ought to be fixed in the same manner as the price of every other merchandise, 297 ; the lowering of interest proves that economy prevails over luxury, 302; money on interest ought to bring a little more income than land, 304; the current interest of money the test of the abundance or scarcity of capitals, 306 ; influ- ence of the rate of, on all lucrative enterprizes, 307 ; the use wliich the money lender makes of his interest, 311 ; impolicy of laws against usury, 557-8 Inventions — Early history of some well known, 8 ; effects of the inventions of the compass and printing, 13 Ireland, it ought never to be considered separately from Great Britain, 54() Jackson, R., his remarks on Dr. Franklin's observations, shewing the effect of manners on popula- tion, 172-82 Jenkins, Sir Leoline, cited, 380-2, 386-388 Jetsam, definition of the term, 368 Johnson, Dr. Samuel, his opinion of merchants, cited, 338 Jornatides, Be rebus Geticis, cited, 376 Justin, quoted, 362 Justinian, his admiration and use of the Rhodian law*, 357, 363 Juvenal, quoted, 371 Karnes, Lord, his " Sketches on Man," quoted, 419 Knights Hospitallers, their connection with Rhodes, 349-50.— See 22Ao