

CHAPTER I.



ILLEGAL CAUSES OF POVERTY.







The existing poverty would be rapidly removed, and future poverty almost entirely prevented, a more equal dis­tribution of property than now exists accomplished, and the aggregate wealth of society greatly increased, if the princi­ples of natural law, and of our national and state constitutions generally, were adhered to by the judiciary in their decisions in regard to contracts.



These principles are violated by the judiciary in various ways, to Wit:



1. In a manner to uphold arbitrary arid unconstitutional statutes against freedom in banking, and freedom in the rate of interest; thus denying the natural and constitutional right of the people to make two classes of contracts, which will hereafter be shown to be of vital importance, both to the general increase and to the more equal distribution of wealth.



2. In a manner to extend the obligation of certain con­tracts beyond their natural and legal limit, and hold men liable to pay debts no longer due; thereby condemning large numbers of men to perpetual poverty and destitution, by making their expired debts a burden upon their future acqui­sitions, and an obstruction to their obtaining credit for the capital necessary to the successful employment of their industry.



3. In a manner to reduce the obligation of the contracts of corporate bodies below their natural arid legal limit, and thus enable the privileged debtors, who have the means of payment, to withhold payment of debts actually due, and make themselves rich by making others poor.



4. In a manner to deny the legal rights of creditors, rela­tively to each other, in the property of their debtors; ena [*6] bling, and, in cases of insolvency, compelling debtors to swindle one portion of their creditors for the benefit of another; making it impossible for capitalists to determine, with any reasonable accuracy, the value of personal security for loans; rendering it unsafe for them to loan capital at all to mere laborers; and this preventing the natural and more equal diffusion of credit among all those poor men, who are in want of capital upon which to bestow their labor, and who, for the want of such capital, are compelled to sell their labor to others for a price much below the amount of its actual products.



These erroneous decisions of the judiciary are made, in some of the cases, in obedience to arbitrary and unconstitu­tional legislation; in others, through ignorance of the natural law applicable to contracts, where no special legislation has been had.



It will be the object of the following essays to establish the illegality of these various decisions, and to explain their effects in obstructing the increase and more equal distribu­tion of wealth.



But before proceeding to any legal discussions, let us state certain economical propositions, that arc obviously condu­cive, if not indispensably necessary, to the greatest aggregate increase, and most equal distribution of wealth, that can be accomplished consistently with the natural right of each man to the control of his own property. Having stated these propositions, we will then see whether those principles of natural and constitutional law, which our judiciary are bound to adhere to, would secure the establishment or reali­zation of the propositions themselves. [*7]



CHAPTER II.



ECONOMICAL PROPOSITIONS



Proposition 1. Every man-so far as, consistently with the principles of natural law, he can accomplish it-should be allowed to have the fruits, and all the fruits of his own labor.



That the principle of allowing each man to have, (so far as it is consistent with the principles of natural law that he can have,) all the fruits of his own labor, would conduce to a wore just and equal distribution of wealth than now exists, is a proposition too self-evident almost to need illustration. It is an obvious principle of natural justice, that each man should have the fruits of his own labor; and all arbitrary enactments by governments, interfering with this result, are nothing better than robbery. It is also an obvious fact, that the property produced by society, is now distributed in very unequal proportions among those whose labor produced it, amid with very little regard to the actual value of each one’s labor iii producing it. And this fact is not the result- except iii a partial degree-of the superior mental capaci­ties, which enable some men, consistently with honesty and fair competition, to compass more of the means of acquiring wealth than others; but it is the result, in a very important measure, of arbitrary and unjust legislative enactments, and false judicial decisions, which actually deprive a large por­tion of mankind of their right to the fair and honest exercise of their natural powers, in competition with their fellow­ men.



That such is the truth will be seen hereafter.



That the principle of allowing each man to have the fruits of his own labor, would also conduce to the aggregate increase of wealth, is obvious, for the reason that each man being, us he then would be, dependent upon his own labor, [*8] instead of the labor of others, for his subsistence and wealth, would be under the necessity to labor, and consequently would labor. The aggregate wealth of society would there­fore be increased by just so much as the labor of all the members of society should be more productive than the labor of a part. It would also be increased by the operation of another principle, to wit: When a man knows that he is to have all the fruits of his labor, lie labors with more zeal, skill, and physical energy, than when lie knows-as in the case of one laboring for wages-that a portion of the fruits of his labor are going to another. Under the influence, then, of this principle, that each man should have all the fruits of his own labor, the aggregate wealth of society would be increased in two ways, to wit, first, all men would labor, instead of a part only; and, secondly, each man would labor with more skill, energy, and effect, than hired laborers do now.



Proposition 2. In order that each man may have the fruits of his own labor, it is important, as a general rule, that each man should be his own employer, or work directly for himself, and not for another for wages; because, in the latter case, a part of the fruits of his labor go to his em­ployer, instead of coming to himself.



Proposition 3. That each man may be his own employer, it is necessary that he have materials, or capital, upon which to bestow his labor.



Proposition 4. If a man have not capital of his own, upon which to bestow his labor, it is necessary that lie be allowed to obtain it on credit. And in order that he may be able to obtain it on credit, it is necessary that he be allowed to contract for such a rate of interest as will induce a man, having surplus capital, to loan it to him; for the capitalist cannot, consistently with natural law, be compelled to loan his capital against his will. All legislative restraints upon the rate of interest, are, therefore, nothing less than arbitrary and tyrannical restraints upon a man’s natural capacity amid natural right to hire capital, upon which to bestow his labor. And, of consequence, they are nothing [*9] less than arbitrary and tyrannical restrictions upon the exercise of his right to obtain all the fruits, that he honestly can obtain, from his labor.



The rate of interest, which the capitalist will demand, will depend upon a variety of circumstances, and especially upon the risk of loss attendant upon the loan-in other words, upon the character of the security offered by the borrower for the payment of the loan. This security and consequent risk will differ in the cases of different individuals. The legislation, therefore, that prescribes a fixed rate of interest, beyond which no contracts may go-especially if that limit be, as it usually is, the lowest at which capitalists will loan money on the most approved security-in effect deprives all those, who cannot offer the most approved security, of their right of hiring capital at all.



The great mass of those, who, by reason of not having the most approved security to offer, cannot borrow capital at all at six per cent, could yet, without difficulty, borrow enough to employ their own hands upon, (say from two to ten hundred dollars,) on the credit of their skill, industry, integrity, and ability, and of the value which their labor would add to the capital borrowed, if they were allowed to contract for seven, eight, nine, or ten per cent. interest- enough to pay for the risk of life, health, losses by theft, robbery, &c.; which risks it is perfectly right that the capitalist should be guarded against by an additional rate of interest.



The effect of usury laws, then, is to give a monopoly of the right of borrowing money, to those few, who can offer the most approved security. A man offering the most approved security, can obtain money at six per cent.; while another, whose security is not so acceptable, but who, never­theless, could obtain money as readily at seven, eight, or nine per cent., as the other does at six, cannot now obtain it at all, simply because he is forbidden to contract for such a rate of interest as would, in the average of loans, compensate capitalists for the additional risk or inconvenience attendant upon the only kind of security he has to offer. [*10]



The consequence is that the loanable capital of society is monopolized almost entirely by those few, those very few, who wish to borrow, amid can offer the most approved secu­rity; while the mass of those, who have not capital of their own, but who, if left free to make their own contracts, would be able to obtain a portion sufficient to employ their own hands upon, are now, for the want of capital on which to bestow their labor, compelled to sell their labor to those who have, by means of the usury laws, monopolized the capital. Amid they are compelled to sell their labor at such a price as will enable the employer to make a large profit upon their labor; or, in other words, enable him to put into his own pocket an important portion of the fruits of their labor. All this is the effect of the usury laws. The same laws that enable him to monopolize the loanable capital, enable him also to monopolize the labor of those who cannot borrow capital on which to bestow their labor.



To illustrate the operation of this principle, let us suppose that a capital of five hundred dollars is necessary to employ the labor of one man that, under the usury laws, A, owing to the approved character of the security he has to offer, can borrow, and does borrow, at six per cent. interest, five hun­dred dollars capital more than lie wants to employ his own hands upon; that B is a poor man, who cannot borrow capital at six per cent., and, therefore, owing to tine prohibition of the usury laws, cannot borrow it at all; that lie is consequently compelled to sell his labor to A, who has bor­rowed the necessary capital to employ his labor; that A buys B’s labor for a year, and, after paying his wages, and the interest on the five hundred dollars on which he has employed B to labor, he (A) realizes one hundred dollars profit.



This probably is not an extravagant supposition; for it is probable that employers, who borrow their capital at six per cent., and manage their business judiciously, do generally realize at least an hundred dollars profit from the labor of each adult male laborer they employ.



Now it is plain that if B had been allowed to borrow, and [*11] had borrowed, (as he probably could have done,) this same five hundred dollars capital at nine per cent., and had then employed his own hands upon it, he could have put into his own pocket eighty-five dollars more of the fruits of his labor than he did when laboring for A for wages-for he could have had all the fruits of his labor, (that is, the amount both of his wages amid the profits made by A,) with but this abatement, viz., that he must have paid three per cent. more interest for his capital than was paid by A. This three per cent. interest, on five hundred dollars, would be fifteen dol­lars-which, deducted from the hundred dollars that went into A’s pocket as profit, leaves eighty-five dollars to go into his own pocket, over and above the amount he received as wages when laboring for A.



This supposition illustrates fairly the operation of usury laws, in depriving the mass of men of the fruits of their labor. These laws give a monopoly of the loanable capital to a few individuals. These individuals, having a monopoly of capital, are able to take advantage of the necessities of all those who have not capital of their own, and are for­bidden to borrow any, on which to labor. They thus com­pel them to sell their labor at a price that will give their employer a large slice out of the products of their labor. The laws themselves are the contrivances, not of the retired rich men, who have capital to loan-for they, of course, wish to carry their money to the largest and freest market-but of those few “enterprising” “business men,” as they are called, who, in and out of legislatures, are more influen­tial than either the rich or the poor; who control the legis­lation of the country, and who, by means of usury laws, can sponge money from those who are richer, and labor from those who are poorer than themselves-and thus make for­tunes . And they are almost the only men who do make fortunes-for almost all fortunes are made out of the capital amid labor of other men than those who realize them. In­deed, large fortunes could rarely be made at all by one individual, except by his sponging capital and labor from others. Amid the usury laws are the means by which he does it. [*12]



The reason given for usury laws is, that they protect the poor from the extortions of the rich. But this reason is a false one-for there is no more extortion in loaning capital to the best bidder, than in selling a horse, or renting a house to the best bidder. The true and fair price of cap­ital, as of everything else, is that price which it will bring in fair and open market. And those who falsely pretend to be interested to prevent the rich extorting money from the poor, in the shape of interest on capital, arc the very men who want nothing but an opportunity for themselves both to extort capital from the rich, and labor from the poor, that they may thus fill their own pockets at the ex­pense of other men’s rights. The protection they offer to the poor, is the protection of forbidding them to borrow cap­ital on which to employ their labor, and thus compelling them to sell their labor at a price that enables the purchaser to make a large profit upon it; it is the protection, which, as in the case already supposed, would really extort from them eighty-five dollars of their labor, to save them from the pre­tended extortion of fifteen dollars in the shape of interest. Leave the rich and the poor to make their own bargains in regard to the interest of capital, and it is as certain as the laws of nature, that capital will find its way into the hands of those who are to perform the labor upon it. In fact, the usury laws impliedly admit that such would be the result- else why do they prescribe such rates of interest as must necessarily confine all loans to a few individuals?



Of all the frauds, by which labor is cheated out of its earnings by legislation, and of all the monopolies established by legislation, probably no one is more purely tyrannical in its character, or more destructive at once of the natural right of individuals to make their own contracts, and of the just distribution of wealth, than that monopoly of the right of borrowing money, which forbids the mass of men to obtain capital, on which to bestow their labor, and thus compels them to sell their labor at a price far below the amount of its actual products.



The law, that allows all men, without distinction, to bor­-[*13] row capital, provided they can borrow it at six per cent. interest, is, in the equality of its operation, like a law that should allow every man perfect freedom to profess and enjoy his own peculiar religion, provided his peculiar religion was the particular amid amity one that was allowed by the State to be professed and enjoyed by any one.



A statute, that should forbid one man to borrow, at any rate of interest whatever, more capital than he could manage by his own labor alone, would not be tolerated, for the rea­son that it would lie an infringement of men’s natural rights to borrow all they could; yet it would not be half so unequal or pernicious, nor so unjust an infringement of individual rights, nor probably so destructive of the equal distribution of wealth, as mire the usury laws, which allow one man to borrow enough to employ a hundred laborers upon, while they forbid 11w hundred laborers to borrow each enough to employ his own hands upon.



What a change would be wrought upon the face of soci­ety, if each adult male laborer, wino is now obliged to sell his labor, were to receive, during the prime of his life, eighty-five dollars annually of the fruits of his labor more than he does now; and if all older and younger persons, and females who are now obliged to sell their labor, were also to receive a similar greater proportion of the fruits of their labor. Yet if the supposition before made be correct, what prevents such a result? If the abolition of the usury laws alone would not accomplish it, the abolition of these and the other tyrannical and unconstitutional restraints upon the freedom of industry, and men’s rights of contract, hereafter to be pointed out, would, I think, certainly accom­plish it, at least in the case of all honest, industrious, and ordinarily skillful laborers.



Proposition 5. The laborer not only wants capital, on which to bestow his labor, but he wants to obtain this capi­tal at the lowest rate of interest, at which, in the nature of thugs, lie can obtain it. That he may obtain it at the lowest possible rate of interest, it is necessary that free banking be allowed. [*14]



The correctness of this proposition will be seen, when it is considered what banking really is. Banking is loaning one’s credit, (for circulation as currency,) instead of loaning money.



If a man can afford to loan money for six per cent. inter­est, he can certainly afford to loan his credit for three. And why? Because whatever profit a man makes by loaning his credit, is clear gain. It costs him nothing; for he still enjoys the use of the houses, lands, or other property, on which his credit is based, in the same manner as if he had not loaned the credit based upon them. But the income, which a man derives from the loan of money itself, is obtained only by the sacrifice, or at the expense of the crops, rents, or other incomes, which he might derive from the lands, houses, or other property which his money would purchase. If, therefore, a man can afford, for six per cent. interest on his money, to give up all the crops, rents, and other incomes, which he might obtain from the lands, houses, or other property, which his money would purchase, it is plain that for three per cent. lie could afford to loan his credit, which costs him nothing but the risk and trouble attendant upon the loan, (which risk and trouble, by the way, are not materially, and, in general, perhaps no greater, than in the loan of money.)



It can hardly be said that there is any profit in loaning money itself; for the interest obtained is generally no more than a fair price or equivalent for the crops, rents, or other incomes, which the property that might be purchased with the money, would yield. But in the loan of credit, there is an actual profit of the whole amount that is received as interest, after paying the trouble and risk of banking.



It is clear, therefore, that if money can be loaned, as it now is, for six per cent. interest, credit could be loaned at two, three, or four per cent.



Since, then, all banking profit is a net profit without cost, and not, like the interest on money, an equivalent for the crops, rents, and other incomes of property, that the lender might have retained and enjoyed; and as the materials for [*15] banking credit are abundant, and almost superabundant, it is obvious that if free competition in banking were allowed, the rate of interest on banking credit would be brought very low, and bank loans would be within the reach of every­body whose business and character should make him a reasonably safe person to loan to. Probably every such person could borrow, at six per cent., capital enough to employ his own hands upon; and many would doubtless be able to bor­row it for five, four, or even three per cent.



Suppose such were the result, and suppose five hundred dollars capital to be enough to employ each man’s labor, the only difference between the annual income of a man, who should own his capital, and of one who should borrow his, would be barely the interest paid by the latter-that is, fif­teen, twenty, twenty-five, or thirty dollars, according as he should pay three, four, five, or six per cent. interest. What a change would be rapidly wrought in the condition of man­kind by a system that should supply all the destitute with the use of capital on such terms as these.



If free banking were allowed, the loanable credit could not be monopolized by a few borrowers, as the loanable money now is. The materials for banking credit are so immense, so nearly illimitable indeed, and exist in such a variety of shapes, and are distributed among so many proprietors, that it would be impossible to concentrate them, as money is now concentrated, in the hands, or bring them under the control of a few corporations, or confine the loans based upon them to a few favorite individuals.<fn1>



Banking credit is the best kind of credit for the borrower - and for these reasons.



1. It is obtained at the lowest possible rate of interest.



2. It then enables the borrower to buy, at cash prices, whatever he wishes to buy.



3. Circulating like money itself, and divisible like money itself into small amounts, it enables the borrower to buy his commodities, or materials, in such quantities, of suck qualities, and of such persons as it will be most for his interest to buy them-instead of his being compelled, as he is when he buys his commodities on credit, to buy them in such qualities, of such qualities, and of such persons, as it may chance that ho can buy them on credit.



So great are the necessities of the poor for materials upon which to bestow their labor, and for the necessaries of life, such as food, clothing and fuel; and so great are the difficul­ties in the way of getting cash to make their purchases with, that they are compelled to make most of their purchases on credit; to make them of persons who do not wish to give them credit, and who will not give them credit, except at extravagant prices; and also often to buy commodities not the best adapted to their wants. In making their purchases under these circumstances, they not only suffer serious [*17] losses in the kinds and qualities of the commodities pur­chased, but the are also obliged to pay five, ten, fifteen, or twenty per cent. more for them, than they would have to pay if they had cash to buy with. Probably also the retailer (of whom many of their purchases are made) has himself bought his goods on credit of the wholesale dealer, and paid five, ten, or fifteen per cent. more than if tie had bought with cash. And this increased price, paid by the retailer, finally falls upon the consumer, in addition to the increased price which the consumer also pays on account of his own amount of cash to buy with. Free banking would obviate almost entirely these enhanced prices of commodities, and these losses from the want of adaptation in the commodities to the wants of the purchasers; because, if free banking were allowed, almost everybody, who was worthy of credit at all, both retailer and consumer, could obtain it at the batiks, and then make his purchases for cash; and, having cash to purchase with, ho would be under no necessity to buy only such commodities as were best adapted to his wants.



It would probably be a moderate estimate to suppose that the poor suffer an average loss-including the losses on price, quality, and adaptation to their wants-of fifteen or twenty per cent. on all their purchases, over what they would pay under a system of free credit currency. Suppos­ing their purchases to be from two to four hundred dollars a year, their losses, at the rate mentioned, would be from thirty to eighty dollars annually-an amount sufficient, if lost, to keep them poor; or, if saved, to give them a compe­tency.



Proposition 6. All credit should be based upon what a man has, and not upon what he has not. A debt should be a lien only upon the property that a man has before and when the debt becomes due; and not upon his earnings after the debt is due. If, therefore, a man be able to pay a debt when it becomes due, he should pay it in full; if mutable to pay it in full, he should pay to the extent of his ability; and that payment should be the end of that transac- [*18] tion. The debt should be no lien upon his future acquisi­tions.



The only exceptions to this rule should be, 1, where the debtor, previous to the debts becoming due, has dishonestly squandered or misapplied the means, which he should have retained for the payment of his debt; and, 2, where he has omitted to do something, which he was plainly bound to do, towards putting himself in a condition to pay. But if he have been honest and faithful in the performance of every­thing, that, on his part, he was bound to do, the debt should be binding only to the extent. of his ability at the time the debt should become due. And this, it will be Seen hereafter, in the chapters on the legal nature of debt, is the whole legal obligation of a debt in any case; and, in the case of most debts, it is also the whole moral obligation.



Under the operation of this principle, nearly all debts would be settled at once on their becoming due; and be then settled finally and forever. The creditor would then know what lie had got, and would have no occasion to spend any further time, thought, or money, in harassing the debtor by attempts to get more. And the debtor, on his part, would know that he was a free man; and would at once engage in the best employment he could find, without being liable to be disturbed or obstructed by his former creditor, in the prosecution of it. Thins creditor and debtor would be likely thenceforth to be more useful, both to themselves and soci­ety, under this arrangement, than under the opposite one, which makes the creditor the enemy of the debtor, and incites him to an expensive, cruel, perpetual, destructive and generally profitless war upon him, his family, and his and their industry.



It may be supposed by some, that credit would not be given, if the legal obligation of debts were limited in this manner. But men would as lief give credit on this princi­ple, us on any other, if they were to understand, when the contract was made, that such was its legal effect; and if they were also to be at Liberty to make their own bargains in regard to the rate of interest-for they would then charge [*19] an additional interest sufficient to cover the additional risk, if any, that they might suppose to result from this principle. And it would be far better for debtors to pay a slight addi­tional interest, and have the benefit of this principle, than to make their contracts under all the liabilities of the opposite one. The payment of a slight additional interest would be. equivalent to paying a slight premium for being insured against the calamity of an arrearage of debt and perpetual poverty, in case of any miscalculation or misfortune on their part.



But the probability is, that the risk to creditors would be no greater, not even so great, under the operation of this principle, as it is without it-and for these reasons.



1. This principle would bring about a general practice of short credits, and prompt settlements; which, for a variety of reasons, too obvious to need enumeration, are altogether safer and better for both debtors and creditors.



2. The debtor, under this principle, has a much stronger motive than he has under the opposite one, to the practice of honesty, industry, amid frugality, and-if unable to pay the whole of his debt-to the payment of the most that it is in his power to pay, when the debt becomes due. For he knows that he can thus not only cancel his debt, at its immaturity, and be free from it forever, but save his character and credit also. But under the principle of perpetual liabil­ity, whichever a man finds that lie has made aim error in his calculations, and that it will be impossible for him to pay his debt in full, that no exertion on his part can save him from an arrearage of debt, hue is apt to think and feel that he is ruined, not only in his present fortune, but in his future credit amid prospects. He therefore becomes disheartened, and perhaps idle, prodigal, and dishonest-saying to himself “I may as well die for a large sum as a small one.” So far as this feeling operates upon the debtor-and that it will operate to a greater or less extent upon all debtors is inevitable-the creditor suffers a corresponding per centage of loss on his debt-a loss that, under the opposite principle, would have been saved. [*20]



But when a debtor contracts a debt with the knowledge that, at its maturity, all that can be required of him by his creditor, will be, that he shall have practised integrity, indus­try, and frugality, and that he shall make such payment as the practice of these virtues may have enabled him to make, and that, under these circumstances, not only his debt will be cancelled, but his character and credit saved, he has the stimulus of all these motives operating upon him during the whole period from the time the debt is contracted, until it becomes dm10. And when a man is governed by these motives, during the whole period mentioned, he will almost uniformly be able to pay, at their maturity, all such debts as were prudently contracted; unless he meet with some unusually hard fortune. And even in the case of hard for­tune, he would still be able generally to pay the greater part of his debt; for it is not often, if ever, that a man, in the short interval between the time of contracting a debt, and the time the same debt becomes due, meets with such heavy misfortunes as to swallow tip everything in his hands.



3. If this principle of law were acted upon, we should have no insolvent or bankrupt laws, as now, discharging men from their contracts arbitrarily, without regarding whe­ther they have been honest or dishonest, prudent or profli­gate, frugal or extravagant, fortunate or unfortunate. Under the present system, insolvent and bankrupt laws arc indis­pensable to save honest debtors from hopeless and perpetual poverty and want. Yet as these laws apply to large num­bers of debts, instead of a single one, it is impossible that they should make ouch discriminations between the honest and dishonest, the frugal and the extravagant, the fortunate and the unfortunate debtor, as would be made in the case of a single debt, debtor, and creditor. The consequence is, that under the present system, creditors have, and can have, little other security for the honesty of their debtors, than what the principles and interests of the latter may afford. But under the other system, the debtor would be held liable, on each debt, to the scrutiny of his creditor; and would fail of a release from his liability, if dishonesty, profligacy, or extravagance were proved against him. [*21]



Which of these two systems affords the best securities to creditors, it hardly needs further argument to demonstrate.



4. Under the present system, debtors, under certain circumstances, are almost compelled, by the necessities of their condition, to wrong their creditors. For instance-a debtor, before his debt becomes due, finds that it will be out of his power to pay the whole of his debt at the time it becomes dime. He knows that this arrearage will be a burden upon his future acquisitions, and that, if he suffer it to become known, it will also be arm obstacle to his obtaining such fur­ther credit as may be necessary for the successful prosecu­tion of his industry. But his debt not being yet due, and his insolvency not having yet come to light, he has still a credit in the community. He avails himself of this credit in the desperate hope to retrieve his fortune, and save his credit; or, if this cannot be, with the intention of putting as far off as possible the evil day of open insolvency and ruin. He adopts the principle that ho will never stop payment so long as his credit is available. (And public opinion justifies him in adopting this principle. The public generally regard a mart as a fool, or a coward, who submits to open insolvency so long as he can get credit.) He, therefore, makes new debts to pay old ones; borrows money at ruinous rates of interest; makes desperate moves in his business; every struggle to extricate himself only sinks him deeper in the mire; finally he gets to the end of his credit; his race is run; the insolvent laws come in to settle the matter; and his whole arrearages of debt, and the consequent losses of his creditors, are perhaps ten, twenty, or fifty times greater than they would have been, if he had settled with his first creditor, by paying all he had to pay, when he first found that lie was in arrears. Which of the two systems, then, is the best for creditors, as a class?



5. Creditors, as a class-men who have money and capital to loan-have an interest that their customers, the borrowing class, should cancel their debts, by paying what they can, as soon as they find themselves in serious arrears, not only for the reason that their arrears will then usually [*22] be many times less than when settlements are postponed, as now, to the latest possible period, but because the debtors will then become good and safe customers to the money lenders again.



6. The principle, that a debt is obligatory only to the extent of the debtor’s means when the debt becomes due, would nearly, if not wholly, put an end to a class of contracts, that are immoral and fraudulent, in intent, if not in law, on the part of the creditors, and which ought never to be enforced against debtors. These contracts are of this kind. An old and experienced man takes advantage of the inexperience and the sanguine anticipations of a young man, to sell him property at enormous prices, giving him credit for the whole, or a part, but well knowing, from his own superior judgment and experience, that the young man will not at all realize his anticipations, or even realize enough from the property to cancel his liability. But he sells the property to him on the calculation that the latter will be able to pay at least the real value of the property; and that, as for the balance, he is a young man, he will be able to work it out; or his friends will pay it for him; or the possession of this property will enable him to get credit of others, and thus he will be enabled to pay this debt by throwing an equivalent amount of loss upon somebody else. Such con­tracts are plainly immoral and fraudulent, on the part of the creditor, both towards the debtor, amid towards others <fn2>- although their immorality amid fraud are of a character not susceptible of being legally proved and defeated in particular cases. The only way of defeating them seems to be, to adopt the principle that no contract is binding beyond the limits of the debtor’s means.



But it is unnecessary, in this place, to go into a detail of all the benefits, that would result to both debtors and credit­ors from the adoption of the principle, that a debt is a lieu only upon the debtor’s means at the time the debt becomes due. These benefits are obviously of the, most important [*23] character. And we shall hereafter see that the principle is one of natural law, which all courts, without the aid of legis­lation, and in defiance of all legislation, are bound to maintain and carry into effect.



Proposition 7. Creditors should have liens upon the pro­perty of their debtors, in the order in which their debts arc contracted; (with some exceptions hereafter to be named;) and the creditor having the first lien, should be paid in full, before the second receives any portion of his debt. And this principle should apply to all the creditors respectively-each prior creditor having a right to full payment, before a suc­ceeding creditor can receive anything. And it should be held legally fraudulent in a debtor, (except in cases hereafter mentioned,) to pay a subsequent creditor to the prejudice of a prior one.



These principles are just in themselves-they are the principles of natural law-and the effect of them would be much better, for both debtors and creditors, than those that now prevail.



That they are just in themselves, as between creditors, is obvious from the fact, that a personal debt, as, for instance, a promissory note, or a book account, is, in equity, a lien upon all a debtor’s general property, in very nearly the same manner, except in form, that a mortgage is a lien upon a specific parcel of real estate. The second creditor, there­fore, in a personal debt, stands in the same relation to a prior creditor, with reference to the general property of the debtor, that a second mortgagee does to a prior one, with reference to a specific parcel of real property, on which they both hold mortgages. He, in effect, takes a second lien upon the debtor’s general property; amid he, of course, takes it, subject to the incumbrance of the prior lien, which is entitled to be first satisfied.



One great obstacle in the way of capitalists loaning capital to poor men, under our present system, is, that the creditor holds no claim upon the capital he himself has loaned, or its proceeds, for the security of his debt, in preference to subsequent creditors. If he could hold the first lien upon [*24] the capital loaned, and upon the value that should be added to it by the labor of the borrower, it would then generally be safe to lend capital to men who were destitute of any other property.



It is a great defect in the doctrine of liens, as now ad­ministered, that it in general recognizes the principle of lien only in relation to specific articles of property; which articles can be used by the debtor, but cannot be exchanged by him for any other property better adapted to his use. This prin­ciple does not enable a borrower to give his creditor security upon money, which his creditor loans to him to be employed in business, and which must be exchanged, and perhaps pass through half a dozen different forms before it is repaid to the creditor. ‘What is wanted in order to secure a credi­tor for money, which he has loaned to be employed by the debtor in business, or for property of any kind which he sells on credit, and which the debtor is to be permitted to convert into property of another kind, is, that he (the creditor) should have a prior right, over any subsequent creditor, to the proceeds of that money, or other property, into whatever shape it may afterwards be converted by the debtor. And this object can be accomplished only by adopting the gene­ral principle, that a prior creditor has a prior lien upon the general property of his debtor, for the full satisfaction of his debt.



If A loan capital to Z, when Z is free of debt, it is cer­tainly right that A should he paid out of the proceeds of the capital ho himself has loaned, iii preference to anybody else. It is therefore right that his debt should be a lien upon that capital, or its proceeds, in the hands of Z; and that Z should have no right, without the consent of A, to dispose of it, or its proceeds, to the prejudice of A, for the benefit of any third person. And he should have no more right to dispose of it, to the prejudice of A, for the benefit of a subsequent creditor, than for the benefit of any other person.



If, therefore, B subsequently give credit, or loan capital to Z, before the debt of A is paid, (or has expired for want of [*25] payment,) be gives him credit subject to all the disadvan­tages of the prior lien that A has upon the property of Z. And this prior lien, which A has upon the property of Z for the capital first loaned to him, will be a lien also upon the capital loaned him by the subsequent creditor, (B,) unless ii, at the maturity of A’s debt, shall be able to prove that particular portions of the debtor’s property, still remaining distinguishable from the rest, are parts, or proceeds of the specific capital loaned to him by himself (B.) That is, the first creditor, when his debt becomes due, will have a prima facie lieu upon all the property in the bands of the debtor; and the burden of proof will be upon the subsequent credi­tors to show that specific portions of the property, which can still be distinguished from the debtor’s general property, were loaned to the debtor by themselves, and were therefore not included in the first creditor’s lien. All those portions of the subsequent loans, or their proceeds, which shall have become indistinguishably mixed with the first loan, or its proceeds, or which the subsequent creditors shall have no legal proof to distinguish from the first loan, or its proceeds, will be held absolutely liable for the satisfaction of the first creditor’s debt.



This principle, of the priority of rights on the part of creditors, will be more fully illustrated hereafter, in the chapters on the legal nature of debt; and the principle will then be shown to be a legal one, which courts are bound to carry into effect. In this place, I shall only point out some of the economical results, that would flow from its adoption.



1. One of these results would be that it would be safe for a capitalist to loan capital to a poor man, if the latter were but free of debt, were a maim of integrity and frugality, of ordinary capacity for business, and were engaged in a business that was ordinarily profitable; because the capital­ist would have a lien for his debt, not only upon the capital itself, that he had loaned, (or its proceeds,) but also upon all the value that should be added to it by the labor of the debtor. If, for instance, a capitalist should sell to a shoe­maker, on credit, two hundred dollars’ worth of leather, or [*26] should loan to him two hundred dollars of money with which to buy leather, to be wrought by the latter into shoes, he would hold a lien, in preference to any subsequent credi­tor, not only upon the leather itself, but upon the shoes manufactured from that leather. All the additional value, that should be given to the leather by its being wrought into shoes, would add so much to the creditor’s security for his debt.



The principal drawback upon this security is this, viz.. that the laborer and his family must have their subsistence out of the proceeds of their labor-in other words, from the sale of the shoes manufactured. The amount of this draw­back will depend upon the number, wealth, economy, and industry of the debtor’s family. In the case of a young man, just setting out in life, with a wife, and without children, the necessary cost of a frugal subsistence, such as a prudent and reasonable person would be satisfied with, (at least until he had accumulated capital enough of his own to employ his own hands upon,) would probably not consume even one half the value that would he added to the capital by his labor. In the case of larger families, a large propor­tion of this value would be consumed. But in few or none, unless it were in case of sickness, would it be so nearly con­sumed as to impair the creditor’s security. This is evident from the fact that laborers now support their families simply upon the wages they receive for their labor, although their wages do not amount to more than one half, two thirds, or three fourths of the value, which their labor adds to the capital on which they are employed, (the rest going into the pockets of their employers.) If, then, they were to have- as, when they were their own employers, they would have-the whole of the value that should be added to the capital by their labor, they could not only subsist as well as they do now, but have considerably more than enough beside to repay the capital borrowed, with interest-because the capital borrowed will itself be sufficient to repay the loan and interest, if but six, seven, eight, nine, or ten per cent., (according as the rate of interest may be,) shall be added to [*27] its value by the laborer. Any laborer, having ordinary capacities, could add this amount of value to two, three, or five hundred dollars capital, and still have nine tenths of the whole value or proceeds of his labor left, with which to subsist himself and family. And these nine tenths of the whole value or proceeds of his labor, (when he had two, three, or five hundred dollars capital to work with,) would unquestionably amount to much more than he would receive as wages, when he sold his labor to an employer.



The other drawbacks on the security mentioned, (in addition to the subsistence of the laborer and his family,) are the risks of the health and life of the borrower, and the risk of accidents by fire, &c. These risks, on the aggregate of loans, would be small, and would be guarded against by creditors, by small additional rates of interest, (if usury law’s were abolished,) by life insurance, and by insurance on the capital against fire. The costs of guarding against all these risks would amount to no more than a small addition to the rate of interest on the capital, and, being thus provided for, would interpose no serious impediment to the loan of capital to poor men.



One principal, if not insuperable obstacle, in the way of loaning capital to poor men, in the present state of things, is that the creditor has no legal security that the debtor will not contract other debts afterwards, and that the capital, which lie has loaned to him, will not be applied, either by the debtor himself, or by the insolvent laws, to the payment of these debts to other men. This obstacle would be entirely removed by the adoption of the principle of the prior right of the prior creditor.



2. Another result of this principle would be the general distribution of credit. A capitalist, about to loan money, would be very cautious of loaning to a person already in debt fir capital borrowed of others-lest the capital loaned by himself should become indistinguishably mixed with that borrowed of the prior creditors, and be devoted, in whole or in part, to the payment of such prior creditor’s claims He would, therefore, seek for borrowers who were [*28] free of debt, that he might at least hold a secure lieu upon the capital, which he himself should loan to them. The principle would thus obviously prevent the accumulation of large credits in the hands of single individuals. And by preventing large accumulations of credit in the hands of sin­gle individuals, it would promote the distribution of the same aggregate amount of credit, in smaller parcels, among a larger number of individuals. And the same aggregate amount of credits, that now exist in the community, if pro­perly distributed, would probably put into the hands of nearly or quite every laborer in the country an amount of capital sufficient for him to employ his own hands upon.



This principle of the prior right of the prior creditor would be no obstacle to banking, nor to a banker’s paying a second note while a prior one was still in circulation-be­cause a banker’s notes are payable on demand, and arc duo immediately on their being issued. If, therefore, the holder do not present them when due, (that is, if he do not present them immediately on their being issued,) such omission is a voluntary waiver, on his part, of his right to priority of pay­ment, and allows the 8banker to pay his notes in the order in which they are presented for payment. The same principle would apply to all other debts that were not demanded when due.



Again; although this principle, of the prior right of the prior creditor, would be an obstacle in the way of a debtor’s getting a second credit, (unless of the same creditor,) before a prior one had become due, it would be no such obstacle after the former one had become due, even though he should have been unable to pay the first credit in full-because, at the maturity of the first credit, he would-if the principle of “Proposition 6” be correct-cancel it by paying to the extent of his means, which would leave him thenceforth a free man.



The result of the two principles stated in propositions 6 and 7, viz., 1, that a debt is binding upon a debtor only to the extent of his means; and, 2, that a prior creditor has a prior lien on his debtor’s property, would be to induce capi­-[*29] talists individually to seek out separate laborers, of capacity, industry, and integrity, who were free of debt, and furnish them respectively with what capital their business should require; and thus save borrowers from the necessity of get­ting credit, as they do now, in petty parcels, of several dif­ferent persons. That such would be the result is obvious-because, 1, a capitalist would prefer, as a general rule, not to become the second creditor of a debtor; and, 2, as capitalists would not wish to become the second creditor of a debtor, it would be indispensable, as a general rule, that the first creditor should advance capital enough to enable the debtor to prosecute his business advantageously, else he might lose a part of what he should loan him. The debtor, having a right to cancel his debt, by paying to the extent of his means, would do so whenever the creditor should refuse to furnish sufficient capital to enable him to prosecute his business profitably. And the creditor, when he should see that his debtor was using capital advantageously, would choose to advance to him whatever might be necessary, because such advance would be a profitable investment of his capital. On the other hand, whenever he should find that his debtor was not using capital advantageously, he would withhold any further advances, and, at the maturity of the credit given, close the connexion with as little loss, if any, as possible, by accepting payment to the extent of the debtors means, in full discha8rge of the debt.



The operation of these principles, therefore, would be the establishment of a sort of partnership relation between the capitalist and laborer, or lender and borrower-the former furnishing capital, the latter labor. Out of the joint proceeds of this capital and labor, the laborer would first take enough for aim economical subsistence while performing the labor- as it would be necessary that he should, in order that he might perform it. On all the remaining proceeds the capi­talist would hold a lien for the amount of capital loaned, and also for such an amount of the increased value given to it by the labor, (say six, seven, eight, nine, or ten per cent.,) as [*30] <fn3> should have been agreed on between them, under the name of interest.



This quasi partnership between the capitalist and laborer, by which the latter is made sure of his subsistence while laboring, and by which the capitalist is made to risk his capital on the final success of the enterprise, without any claim upon the debtor in case of failure, is the true relation between capital and labor, (or, what is the same thing, between the lender and borrower.) And why? 1. Because capital produces nothing without labor; and it is impossible that the laborer should perform the labor, without having his subsistence meanwhile. For these reasons, it is right that the subsistence of the laborer, while bestowing his labor upon the capital, should be the first charge upon the joint proceeds of the capital and labor.”<fn4>



2. It is right that the capitalist should be made to risk his capital on the final success of the enterprise, without having any claim upon the debtor in case of failure, (that is, when the debtor performs his part in the enterprise honestly and faithfully;) because, beyond this point, the capital must be risked by somebody, (the capitalist or laborer,) in every enterprise. And inasmuch as profit (in the shape of inter­est) is as much the object of the capitalist, in furnishing the capital, as (in another shape) it is of the laborer in furnish­ing labor, it is as much right that he should take the risk of losing his capital, as it is that the laborer should take the risk of losing his labor, (that is, all over and above his sub­sistence.) The risk is (lien fairly divided between them; whereas it would not be, if the laborer were to risk both his labor and the capital. If the profit is to be divided in case of profit, the loss ought to be divided in case of loss. It is sufficient to make the enterprise a joint one, if the profit is to be divided in case of profit. And if it be a joint enter­prise, it is as much right that the risk of loss should be [*31] jointly borne, as that the chance of profit should be jointly enjoyed.



But this joint risk, between the capitalist and laborer, or lender and borrower, as to the final result of an enter­prise, in which the labor of the one and the capital of the other are to be jointly employed, for their joint profit, is not only right as between the immediate parties, but it is also right and expedient on general principles of economy-and for this reason, viz., that when both capitalist and laborer are interested in the risks and results of an enterprise, the enter­prise will then have the benefit of two heads, instead of one, in judging of its feasibility and probable results, and also in deciding upon the best plan of execution. Injudicious enter­prises will then be more likely to be avoided; and less labor and capital will, therefore, be wasted on such enterprises than now are. When a capitalist loans money to a laborer, and knows that lie will have a claim on the subsequent earnings of the laborer for any capital that may be sunk in the enter­prise, he (the capitalist) does not look, for himself, into the merits of the enterprise as he would if he knew that his ultimate security for his capital depended solely upon the suc­cess of the enterprise, instead of depending also upon the subsequent earnings of the laborer. [*32]



CHAPTER III.



ECONOMICAL RESULTS FROM THE PRECEDING PROPOSITIONS



THE last four of the preceding propositions assert the fol­lowing principles, to wit:



1. The right of the parties to Contracts to make their own bargains in regard to the rate of interest.



2. The right of free competition in the business of bank­ing.



3. That the legal obligation of a debt, with specific excep­tions, is extinguished by the debtor’s making payment to the extent of his means, when the debt becomes due.



4. That the several creditors of the same debtor hold suc­cessive liens upon his property, for the full amount of their debts, in the order in which their debts respectively were contracted.



It will hereafter be shown that these several principles are legal ones, founded in natural and constitutional law, that is binding upon all our judicial tribunals, and incapable of being invalidated, or set aside, by any legislative enact­ments that are within the constitutional power of any of our governments.



It has already been shown, in part, how these principles are adapted to the accomplishment of the following objects, to wit:



1. That of enabling each poor man to obtain, on credit, capital sufficient to employ his own hands upon.



2. That of enabling him to obtain this capital on the most advantageous terms as to interest, and in the most advanta­geous form for his use.



3. That of enabling him to obtain this capital on credit, without the risk of incurring an arrearage of debt in case of misfortune, or of miscalculation, on his part, as to his ability to pay in full. [*33]



4. That of enabling capitalists to loan capital to poor men, and hold the first lien upon it, in the hands of the debtor, for their payment; and without the risk of having the capital so loaned taken and applied, either by the law, or by the debtor, to the payment of debts to other men.



If such be the operation of these principles, it seems to follow, that, if they would not fully, they would yet very nearly accomplish the object of securing to every poor man, who was honest, industrious, and ordinarily skilful, the enjoyment of his right to labor to the best possible advan­tage, (by enabling him to obtain capital upon which to labor,) and also of his right to the possession of all the fruits of his labor, except what, in the nature of things, must be paid for thin use of the capital upon which he labors.



If there can be any doubt as to such being the result of these principles, it can arise only from a doubt whether capitalists would loan their capital to laborers, or poor men, if thin principles of law applicable to the loan, were such as have been described. This question, therefore, becomes important, viz., whether capitalists would loan capital to poor men under such circumstances?



The true answer to this question is, that, although they might not do it immediately, they yet would do it speedily-and for the following reasons:



I. It is obvious that, other things being equal, it would be much more safe for capitalists, especially when they loan on personal security, to loan their capital in small sums to a large number of individuals, who were each their own em­ployers, titan in large sums to a small number, who cm-played the labor of others. it would, for instance, be much more safe to loan fifty thousand dollars, in sums of five hun­dred dollars each, to one hundred men, who should each bestow their own labor upon it, than to loan the whole fifty thousand to one than, who should employ an hundred other laborers in thin management of it. Each of the one hundred melt would be more likely to repay the whole of his five hundred dollars, than the one man to repay the whole of his fifty thousand dollars. And why? Because a man can [*34] manage, with far less risk and waste, and with much more comparative profit, a capital of five hundred dollars, on which he expends his own, and only his own labor, skill, and calculation, than he can a capital of fifty thousand dol­lars, on which he is obliged to employ the labor of an hun­dred others, whose skill, industry, and economy lie cannot stimulate to the same degree, to which they would be stimu­lated, when laboring for themselves. Small borrowers are also less likely to squander their loans in extravagant living, and in extravagant, fanciful, and hazardous enterprises, than large borrowers. The command of large borrowed capitals often intoxicates men with the conceit of their superior judg­ment in the management of property, or with a vain ambition for display, or with dreams of sudden wealth, or with a pas­sion for magnificent schemes-the consequences of all which are told in deep, perhaps ruinous losses to their creditors. On the other hand, a man who borrows merely capital enough to employ his own hands upon, avoids this intoxica­tion entirely. He thinks only of results, and of skill, indus­try, and frugality, as the means. The small borrower is therefore much more likely, than the large borrower, to be able to repay his loan. He is also much more likely to be willing to repay it. The temptation to fraud in his case is trivial, compared with that in the case of the other.



2. In the case of small loans to a large number of indi­viduals, each individual is not only more likely, for the reasons already given, to repay the loan, than the single individual is in the case of a large loan, but there is this further security, which is of great consideration with capi­talists, who loan money, viz., that in cases of misfortune or fraud on the part of a debtor, the loss is small, not ruinous. If the hundredth debtor fail to pay, the ninety-nine are still solvent. The capitalist is not ruined. He loses but one per cent. of his whole capital. But in the case of the large loan, if the debtor fail, the creditor is ruined, or seriously injured - simply because he has embarked a large freight in one ship.



Capitalists understand these principles, as we see in the [*35] case of insurance companies, which act uniformly on the policy of taking a largo number of small risks, in preference to a few large ones.



3. There is still another consideration in favor of small loans to a large number of individuals, who are their own employers, over large loans to a small number, who employ the labor of others. It is this. The labor of individuals, who labor for themselves alone, being, for the reasons already given, much more productive, economical, and profitable, than the labor of hirelings, individuals could afford to pay a higher rate of interest-much higher if it wore necessary- for the little capital that each man needs to employ his own hands upon, than they can for capital on which to employ the labor of hirelings.



The higher self-respect also, which a man feels, and the higher social position he enjoys, when he is master of his own industry, than when he labors for another, would induce him, if it were necessary to pay even such a rate of interest for capital as would cut down the not profits of his labor to the same amount that ho would receive as a laborer for wages.



The inevitable result of these principles would be that the class of employers, who now stand between the capitalist amid laborer, and, by means of usury laws, sponge money from the former, amid labor from the latter, and put the plun­der into their own pockets, would be forced aside; amid the capitalist and laborer would come together, face to face, and make such bargains with each other, as that the whole pro­ceeds of their joint capital and labor would be divided between themselves, instead of being bestowed, in part, as now, us a gratuity, upon an intermediate intruder. The capitalist would not only get all he now gets as interest, and the laborer all he now gets as wages, but they would also divide between themselves that sum which now goes into the pockets of the employer. What portion of this hatter sum would go to the laborer, and what to the capitalist, would depend upon the circumstances and bargains in each particular case. The probability is that for the first few [*36] years after these principles went into operation; capitalists would ask and obtain a pretty high rate of interest. The competition among laborers, in their bids for capital, would produce this effect. But as the general safety of the system should tested, and as laborers should gradually make accumulations, which would serve as some security for loans, and as the business of banking should be increased, the rate of interest would gradually decline, until - probably within ten or twenty years-capital would go begging for borrowers, and the current rate of interest would probably not exceed three or four per cent. And all the products of’ labor and capital, over and above this interest, would go into the pockets of the laborer.



There obviously would be little or no risk in loaning capi­tal to the generality of laborers, if the louder could hold the first lien upon the capital loaned for industry, guided by ordinary skill and judgment in the application of labor, is almost certain to add more value to the capital employed than is necessary for the comfortable subsistence of the laborer. The cases, where it would fail of doing this, are few, and even iii those few cases the deficiency would he very small. The principal risk, then, in loaning to a poor man, would he the risk of his death, and of loss in winding up his affairs. Butt this risk could be guarded against by the debtor’s keeping his life insured. The cost of keeping his life insured for an amount equal to the capital he hired, would not ordinarily be more than one, or at most two per cent. upon that capital. And he would thus accomplish the double purpose of giving his creditors a guaranty for their loans in case of his death, and of securing something for the support of his family.



The risk of loss to the creditor, from the death of his debtor, is now made altogether greater than it otherwise would be, by those laws that give to a deceased debtor’s family, (at the discretion of a Probate Judge,) the whole, or a part, of the effects in his hands, in preference to applying them to the payment of his debts. Such laws are as injuri­ous towards debtors, as a class, as they are unjust towards [*37] creditors. They virtually forbid capitalists to loan capital to a poor man, under penalty of’ being compelled to contri­bute the amount of such loans to the support of his family, in case of his decease. Such absurd and dishonest legislation defeats the very object it professes to have in view. Instead of its accomplishing the purpose of compelling cre­ditors to support the families of poor men, it only serves, as a general rule, to deter capitalists from becoming the credit­ors of poor men at all. Thus the laws not only fail of providing for a poor man’s family after his death, but they contribute largely to make it impossible for him, while living, to borrow capital upon which to labor, and thus to make any accumulations of his own for their support.



There is no justice, or even appearance of justice, in such laws, If A have loaned capital to B, and taken a note for it, he, in equity, holds a lien upon that property for his debt. It is unreasonable to expect him to loan his capital to a poor man on any other condition. And there is no more reason why he should be compelled to support the debtor’s family, by losing his lion, in case of the debtor’s decease, than there is why any other particular individual should be compelled by law to support them by gifts from his own pocket. If, tinder these circumstances, a debtor die, leaving his family destitute, they must depend, for their support, upon their own labor, amid the assistance of relatives and friends, or upon such provision as the public make, by general taxation, for the support of all who have no other means of subsistence. There is no justice in compelling those few individuals, who may have befriended, or loaned capital to the debtor, in his lifetime, to assume the burden of supporting his family after his death, by giving up to them their lien on the capital they have loaned him. If a poor man wish to provide for his family, in case of his death, he should keep his life insured, He will thus provide for his family, and his creditors too.



One object of these laws is to throw upon the creditors of a deceased person a burden, that might otherwise fall upon the public at large. But their effect is to create ten times as much pauperism as they prevent- because they deter capi- [*38] talists from loaning capital to poor men, and thus prevent the latter from making such accumulations, in their life­times, as they otherwise might, for the support of their families after their death.



It will be shown, in a subsequent chapter, t hat all legislation, of the kind mentioned, which destroys a creditor’s lien on the effects of his debtor, in order to give them to the debtor’s family, is unconstitutional and void.



If the risk of loss to the creditor, by the death of the debtor, were obviated in the manner now suggested, and if the prior creditor held a prior lien upon the property of his debtor, there would be little or no danger in loaning capital to poor men, in amounts sufficient to employ their own hands respectively.



The risk of the debtor’s success in business would be small-as small as the risk of success can be in any business in which capital is hazarded-because the business, in which each debtor would employ his borrowed capital, would be such as both himself and his creditor should have approved-inasmuch as the creditor would mint of course loan his capital to a poor man, unless he should have first ascertained the business in which it was to be employed, and satisfied himself that it was a safe one. The business, therefore, in which each debtor would employ his borrowed capital, would be such as commended itself, (in its prospects of profit,) to the judgments of both debtor and creditor. Such business would ordinarily be more safe than that, in the planning of which the judgment of only one person had been consulted.



The risks from fire, theft, sickness of the debtor and his family, and other extraordinary misfortunes, would be no greater than those to which property is always liable, amid would be guarded against by the creditor by the rate of interest.



The only remaining risk, to the creditor, is that of the frugality and industry of the debtor.



There are undoubtedly persons, who, if they could borrow money, would be idle and prodigal so long as it lasted, with [*39] little regard either to ‘the rights of their creditors, or to their own subsequent interests. But such persons are very few, amid their prodigal habits generally become so publicly known that capitalists would be in very little danger of loaning money to them through ignorance of their characters.



But the mass of men, when they have, in their hands, the means of bettering their condition are zealous to do it; and if they could borrow capital, on which to bestow their labor, and could have all the fruits of their labor except what they should pay as interest, they would almost universally exert themselves, both by industry and frugality, to make such accumulations as would place themselves beyond the reach either of poverty, or of dependence upon loans from others. And where such exertions were made, they would be successful, with but few exceptions; and those few exceptions would generally be the result only of some such unusual misfortune as property and business are always liable to. In few or no cases would any considerable portion of the loan be stunk by mismanagement, or erroneous judgment, on the part of the debtor-for as loans would usually be made for no longer than three or six months each, there would not be opportunity for much waste of capital, unless by mismanagement that was so gross as to be culpable, or by misfortunes of rare and extraordinary character. In all other cases, then, capitalists would either obtain the whole of their loans with interest, or at least the greater part of their loans. The probability is, that in the aggregate of loans, the whole amount of losses would not be one fifth, or even one tenth as great as capitalists suffer tinder the present system. The system, as a system-at least during the first few years of its operation-would be altogether better for capitalists than the present one- for the losses would be less, and the rates of interest higher. Competition on the part of borrowers would produce this result.



But it is to be understood that this state of things-this competition among borrowers, arising from poverty on the part of so large a portion of the community as are now poor - could continue but a short time. Most of them - particu­ [*40] larly those in the full vigor of life-would at once begin to realize more from their labor than would be necessary for their subsistence, and the payment of their interest. The work of accumulation would be at once begun; amid they would speedily be in possession of sufficient acquisitions of their own to serve as security against all reasonable risks iii their business; and such persons would then be able to bor­row money at lower rates of interest than at first. In a very few years they would have made stuck accumulations as would be sufficient to employ their own hands, independent of loans from others. In a few years more they would them­selves have small amounts to loan to others. The tendency of the system would be to individual accumulations by time mass of the people. The number of borrowers would de­crease; the rate of interest would decline, until finally it would probably be no more than three or four per cent., and capital would have to go in search of borrowers at that.



The manifest tendency of the system would be to give to each man separately the use of sufficient capital to employ his own hands upon; to give him the use of this capital at the lowest possible rate of interest, that is consistent with free competition among borrowers; and to give him the entire fruits of his labor, except what he pays as interest. What more, consistently with the rights of property, can he done to distribute wealth justly among those who earn it, or to equalize the pecuniary condition of mankind?



The result of the system would be, that the future accumulations of society, instead of being held, as now, in large estates, by a few individuals, while the many were in poverty, would be distributed in small estates among the mass of the people. The large estates already acquired by single indi­viduals, would, in two or three generations, at most, become entirely scattered. Afterwards we should see no such ine­qualities in the pecuniary conditions of men as now exist. There would probably never be any very large estates accu­mulated on the one hand, nor would there be any general poverty on the other. Some few incompetent or improvi­dent individuals might always be poor; but there would be [*41] no such general poverty as now prevails among those who were honest, industrious, and frugal.



The aggregate accumulations of society would probably be greater than they are now-for then every man being dependent upon his own labor for his subsistence, all would of necessity labor, instead of a part only as now. Men laboring for themselves would also labor with more skill and energy, and practise more economy in the use of capital, than when laboring for others. There would be less capital squandered in luxury and display, and in extravagant and fanciful schemes, than now, because few or none would ever have fortunes large enough to enable them to indulge in ostentation and prodigality. The consequence, so far as these causes alone were concerned, would therefore probably be, that the aggregate accumulations of society would be greater than they now are. But it is of little moment whether they would be greater or less. Distribution is of infi­nitely more consequence than accumulation. Our present accumulations are quite large enough, if not altogether too large, unless they can be more equally distributed. The luxury, the vices, the power, and the oppressions of the overgrown rich, and of those who are becoming such at the expense of other men’s rights, are probably much greater evils than the simple poverty of the poor would be, if it were the result of natural and necessary causes.



But the power of the one great agent of accumulation- labor-saving machinery-would be greatly increased, under the system proposed, beyond what it is, or ever can be under the present ‘system. And why? Simply because the ex­treme, neither of poverty, nor of wealth, is favorable to invention. The man, who has much wealth, is either too much engrossed by the care of it, or too much sunk in the luxurious indulgencies it affords, to have either time or incli­nation left for such mental exertions as are required for mechanical invention. On the other hand, the man, whose extreme poverty leaves him no respite from manual toil, and affords him no accumulations beyond his daily bread, has no opportunity to cultivate any mechanical genius with which [*42] nature may have endowed him, or to mature and realize any mechanical conceptions that may visit his mind-because to do so would require leisure, subsistence, arid some little capital with which to make experiments. Thus the two ex­tremes of society contribute nothing to the list of mechanical inventions. Neither the serfs nor the nobles of Russia, neither the slaves nor the slaveholders of America, neither the nobility nor the starving portion of the population of England and Ireland, make labor-saving inventions. On the other hand, in New England, where wealth is more equally distributed than perhaps in any other portion of the world, more labor-saving inventions are probably made than by any other people of equal number on the globe. And if the wealth of New England were distributed still more equally among the population, and if men labored more for themselves respectively, and less for others for wages, time number of valuable inventions would undoubtedly be still greater-because, if time wealth were more equally distri­buted, few or more would be so rich as to have their inventive powers smothered or stupefied by luxury, or over­whelmed by the care of their wealth; and, on time other hand, few or none would be so destitute as to have their powers fettered by poverty. But all, or nearly all, would be precisely in those moderate circumstances, that would at once stimulate their minds to the greatest activity, and also afford them leisure and capital for experiments. The practise of each man’s laboring for himself, instead of laboring for another for wages-which practice would be greatly promoted by a greater equality of wealth - would also con­tribute to the increase of labor-saving inventions-because when a man is laboring for himself, and is to have all the proceeds of his labor, he applies his mind, with his hands, much more than when he is laboring for another. And this habitual use of men’s minds, along with their hands, in labor, would undoubtedly give birth to multitudes of inventions that would otherwise never be made.



When we consider the almost incalculable amount of labor that is performed by labor-saving machinery, and the incal­ [*43] culable wealth it produces-how many times greater this labor and wealth are than those performed and produced by mere manual toil, we can hardly avoid forming some conception of the importance of labor-saving inventions to the wealth and comfort of man, and of the importance of such a distribution of wealth as will most tend to increase the num­ber of such inventions in future. Without these inventions, we should be little else than savages. It is these inventions that give us our comfortable, neat, and even elegant dwellings, and our comfortable, beautiful, and abundant clothing. They also give us abundant food, both by improving the implements with which we cultivate the soil, and by supplying our other wants (than food) so easily as to leave us abundant time to cultivate the soil. They also give us numerous and easy roads, amid easy and elegant carriages. They give us the rail-road car arid the steamboat. The labor-saving printing press gives us those abundant means of knowledge, which prevail in civilized over savage life.



Although the surplus accumulations, made by labor-saving machinery, over and above consumption, are now held mostly by a few hands, yet it is not the fault of the inven­tions themselves that it is so; but of the causes that have heretofore been pointed out as obstructing the general distri­bution of wealth. So far as actual consumption is concerned, the benefits of labor-saving inventions are distributed as equally among rich amid poor, as are the benefits of manual labor. It is to labor-saving machinery that the poor, no less than the rich, are indebted for their present comfortable dwellings, abundant clothing, abundant food, good roads, good carriages, and such means of knowledge as the printing press affords them. It is to labor-saving inventions that we are all of us mainly indebted that we are not now savages, living in wigwams, clothed with the skins of beasts, and comparatively destitute of knowledge. All, then, are interested in the increase of these inventions, and in such an equalization of wealth, as, (in the manner already suggested,) will most promote their increase.



One such invention as Fulton’s adds more to the wealth [*44] of the world than the mere manual labor of a whole gene­ration. Yet how many Fultons, in the past ages of the world, have had their genius smothered by luxury, or starved by want; and how has poverty been entailed upon the world in consequence. Who can conceive what would have been the present wealth of the world, but for the want of opportunity, on the part of inventors to enrich it by the productions of their genius? But war, and monopoly, (which is but a species of war,) have ever been employed in killing and starving mankind; when, with peace and equality of privileges, the labors of inventors would have made the earth one universal garden, and given, in profusion, to what then would have been its countless population, knowledge, comfort, and plenty.



The mind, of man is fertile of invention almost beyond conception. All it needs is stimulus and opportunity to develop itself. And since every invention, made by a single individual, enures to the benefit of mankind at large, man­kind at large are interested in placing each individual in such a pecuniary condition as that his mind will receive the proper stimulus, and enjoy the proper opportunity. And that condition is one neither of poverty, nor riches; but of moderate competency-such as will neither enervate him by luxury, nor disable bin-u by destitution; but which will at once give him an opportunity to labor, (both mentally and physically,) and stimulate him by offering him all the fruits of his labor. [*45]



CHAPTER IV.



SOCIAL, MORAL, INTELLECTUAL, AND POLITICAL RESULTS FROM THE PRECEDING PROPOSITIONS.



Social Results. To appreciate, in some measure, the important social influences of the preceding propositions, it is only necessary to consider that that portion of human vir­tue, which consists in one’s doing good to others than him­self, depends almost entirely upon sympathy-upon one’s susceptibility of being affected by the feelings of others; and that this sympathy, or susceptibility, is mostly, if not wholly, the result of his having had, in some measure, a similar experience with others, or of his having had social relations with them. Thus those who have been sick, sympathize with the sick; the sorrowful sympathize with the sorrowful; the merry with the merry; the rich sympathize with the rich; the poor with the poor; the learned with the learned; the vicious with the vicious; kings with kings; slaves with slaves; amid all men more or less with their immediate per­sonal acquaintances. And it is from the sympathy, thus excited by personal intercourse, or by a similarity of expe­rience, that much, perhaps most of the kindness, shown by one human being towards another, results. On the other humid, much of the indifference, or want of kindness, mani­fested by one man towards another, is the natural result of his having had little or no similar experience, or little or no personal acquaintance with him. Thus kings sympathize little with the people, and the people little with kings; slaves sympathize little with masters, and masters little with slaves; the rich sympathize little with the poor, and the poor little with the rich; and few sympathize much with strangers.<fn5>[*46].



So again, most, or all, of the hatred and injustice, felt and practised by one man towards another, results from the fact, that the points of collision in men’s characters and interests are not rounded, and smoothed, and softened by the kindly influences of sympathy and acquaintance. Much of the hatred existing among mankind is the hatred of class against class-of classes against other classes, with whom they have little personal acquaintance, or little common expe­rience. The rich do not hate the rich, as a class; nor the poor, the poor. But the rich hate and despise the poor, and the poor hate and envy the rich; and it is solely, or principally, because these two classes have not sufficient personal acquaintance, and sufficient similarity of experience with each other, to awaken their sympathies, and thins soften or avert the collision of their feelings, interests, and rights~ Thus the rich will often defraud, oppress, amid insult the poor, and the poor defraud and commit violence upon the rich, with less compunction than the same individuals would have defrauded, injured, or insulted one of their own number. And every man, who will defraud others at all, will more willingly defraud a stranger thin an acquaintance.



Such being the laws of men’s minds, and such the condi­tions on which so large a portion of men’s virtue towards each other depends, it is obviously a matter of the highest social importance, that men-so far as it can be effected without infringing their individual liberties and rights- should occupy such situations amid circumstances relatively to each other, as will promote the widest personal acquaint­ance, and the nearest similarity of experience among them all. To the accomplishment of this end, perhaps nothing is more conducive or indispensable, than an approximation to equality in their pecuniary conditions. Extremes of differ­ence, in their pecuniary circumstances, divide society into castes; set up barriers to personal acquaintance; prevent or suppress sympathy; give to different individuals a widely different experience, and thus become the fertile source of alienation, contempt, envy, hatred, and wrong. But give to each man all the fruits of his own labor, and a comparative [*47] equality with others in his pecuniary condition, and caste is broken down; education is given more equally to all; and the object is promoted of placing each on a social level with all: of introducing each to the acquaintance of all; and of giving to each the greatest amount of that experience, whelm, being common to all, enables him to sympathize with all, and insures to himself the sympathy of all. And thus the social virtues of mankind would be greatly increased.



Moral Results. Important moral results, other than those already mentioned as social, would be accomplished by car­rying into operation the principles that have been set forth in the preceding propositions. To be convinced of this, we have only to look at all the criminal and vicious individuals in the community, and see how many of their crimes and vices calm be traced either to their superabundant wealth, their extreme poverty, their desire for wealth, or their fear of poverty.



1. Those grosser offences against the rights of property, that are punishable by society as crimes, such as theft, rob­bery, forgery, and swindling, result, not from the love of crime, but almost without exception from one or another of these three sources, viz., the sufferings of actual poverty; the fear of coming poverty; or a desire for those luxurious displays amid indulgences, which the perpetrators see to be enjoyed by the possessors of wealth. And all these motives to crime are aggravated, and individuals are often goaded to recklessness and audacity by that hatred of society, and that sense of outrage and wrong, which result from the observa­tion of those gross inequalities of condition, those extremes of poverty and wealth, which are brought about by that monopolizing and iniquitous legislation, which, while it deprives the many of their natural right to obtain capital on which to labor, and of their natural right to all the fruits of their labor, arbitrarily gives to the few the command of all the loanable capital, and consequently the control, and a large part of the fruits of other men’s labor.



But if the principles of the preceding chapters were admin­istered as law, the crimes resulting from these sources would [*48] mostly disappear. The causes now impelling to the coin-mission of them would rarely exist. Nearly every man would be able to control his own labor, and secure to himself the whole of its fruits, (except what lie should pay as interest on his capital;) amid these would save him from that extreme poverty which instigates to crime. Monopolies also being broken down, there would be little or no great wealth, in the hands of single individuals, to excite his envy, or his desire for luxury and display. He would be able, without crime, to maintain a position near enough to the general level of society to save him from the temptation to crime.



2. Those innumerable frauds that pervade every depart­ment of traffic, hut are not of that tangible character that can be proved and punished by society, result, in an impor­tant portion of the cases, from a fear of poverty, and, in another important portion, from a desire of that superior wealth, which the few acquire by means of monopolizing legislation, and which constitutes one of the principal dis­tinctions of society. But if the propositions, advocated in the preceding chapters, were carried into effect, the motives to these frauds would be, in a great measure, extinguished; because, 1, there would be no such liability to extreme pov­erty as now; and 2, there being then few or no great for­tunes in society, but, on the contrary, a somewhat general equality in wealth, large fortunes would not, as now, constitute the foundation for castes and distinctions; consequently they would not be objects of such general ambition as now; and, of course, would not prompt men, so often as now, to the commission of frauds for the sake of obtaining them. Nei­ther would the possession of them, when acquired by fraud, be such a salve to a man’s character, as now. Wealth is now such a mark of distinction and honor, that society pal­liate, if they do not justify, almost any measure, short of open crime, to secure it. But under a system, where every man could easily obtain capital, on which to labor, and could have all the fruits of his labor; and where there was such a general equality of wealth as would necessarily result from those two causes, there would be no caste or distinction [*49] founded on wealth; superior wealth would not be at all necessary to give one reputation; all men, as a general rule, could honestly obtain all the wealth that would be necessary to their respectability; and they would have little temptation, as now, to forfeit their character for integrity, for the sake of acquiring a degree of wealth that would give them no marked importance in society.



It is manifest also that the present precariousness of men’s pecuniary condition is a great provocative to injustice and fraud. It is not natural to mankind to desire to defraud or injure each other. But the wheel of fortune, iii the present state of timings, is of such enormous diameter; those on its top are on so showy a height; and those underneath it are in such a pit of debt, oppression, and despair; and its revolutions are so rapid, unsteady, and convulsive, that it is no subject of wonder that those on its sides should feel com­pelled, by the necessity of self-preservation, to jostle and cheat each other out of their footing, in order no seize a secure one for themselves. But under the system proposed, fortune could hardly be represented by a wheel; for it would pre­sent no such height, no such depth, no such irregularity of motion, as now. It should rather be represented by an extended surface, varied somewhat by inequalities, but still exhibiting a general level, affording a safe position for all, and creating no necessity, for either force or fraud, on the part of any one, to enable him to secure his standing.



3. Intemperance is another of the vices attendant upon superabundant wealth, and extreme poverty. The rich often become luxurious, gluttonous, and drunken, appar­ently because life hangs heavy on their hands. Being relieved from the necessity to labor, they feel little motive to that healthful industry, which is the companion and guar­dian of temperance; and their minds having been starved while they were engaged in hoarding their wealth, they are now incapable of intellectual pursuits, and have little or no resource against ennui but in animal indulgences. On the other hand, the intemperance of the poor is the natural con­sequence of the extremities of their condition. The excite-[*50]ment, or the stupor of intoxication, brings at least a temporary relief from the anxieties that harass and unsettle their minds, and drive them to desperation.



4. Gambling also naturally results from too much wealth, and too severe poverty. The rich gamble for excitement, and because they can afford, or think they can afford the risks. The poor gamble in the hope of gain-tempted by the prospect of fleecing the rich, or driven to it by the hope­lessness of their own condition.



5. Lewdness-the destroying vice of society-is enor­mously increased, if not mainly supported, by the precarious­ness and the inequality of men's pecuniary condition. The rich become lustful and libidinous from idleness and luxury, and their wealth enables them to purchase the gratification of their desires. The poor become reckless from want, or from envy of the rich; and sell their virtue for bread, or for the means of display. Purity dwells with moderate compe­tence, with the simple board, with the modest garb, and with cheerful industry.



The ruin of the young, particularly of young females, is mostly accomplished by means of their absence from home. They are generally safe in their father’s house. But the same want of capital that compels a poor man to sell his own labor, compels him also to sell the Labor of his children and to send them, in their youth, beyond his own roof or farm, to occupy some menial situation in a rich man’s ser­vice, where toil, oppression, insult, neglect, amid loud ness are their lot; where few or no kind counsels meet their ears; where no friendly eye watches over their ways, and no guardian hand protects them from the dangers that crowd around them. What armies of the youth of both sexes arc annually driven, by poverty, from the parental roof, and parental care, to seek menial employment iii manufacturing and commercial towns, and to fall sacrifices to their own inexperience, and the enticements of the libertines that swarm in such places.



If every man could obtain the capital necessary to employ his own hands and the hands of his family, children would [*51] be reared at home much more generally than now. It would rarely be necessary for daughters to go abroad for employ­ment; and never to occupy servile and degraded situations as now. And if daughters only were to be reared uniformly at home, society would be pure compared with what it is now. It would often be necessary for sons to go from home to learn sonic different calling from that followed by their fathers; but they would not be driven from home by poverty. And not being driven from home by poverty, they would not be driven into servile and degraded situations, where their loneliness and misery would urge them into vice. As there would then be no such extremes of poverty and wealth, as now, a son heaving his father’s house for employment, would not leave an abode of want to become a menial in the man­sion of the rich; he would merely leave one comfortable and virtuous home for another of like character, In a family situated in pecuniary respects much like his own, and In which he would be an equal and respected, perhaps cher­ished member, instead of a menial and an outcast. In such a situation his morals would be much more safe than when driven by poverty into a servile and lonely condition, where he would meet no sympathy from the family with which he lived, and find no virtuous companionship to keep him from vice.



That general equality of condition, and that pecuniary independence, which should enable parents always to roar their children at home, or which should merely save them from the necessity of placing them abroad, except in situa­tions and families where the want of parental kindness and watchfulness would be, in sonic good measure, supplied to them, would save almost countless multitudes of the youth of both sexes from the ruin that now overtakes the neglected and outcast children of poverty.



But the system proposed would promote chastity In still another, and perhaps even more effectual way, to wit, by making marriage nearly universal, and by inducing it in early life. Celibacy is the great cause of licentiousness. If all men were to be married in early life, there would be very [*52] little libertinism-for although libertinism now invades married life, it does not originate there. Its principal source is in the unnatural and solitary state of large numbers of both sexes. The sexes are so nearly equal in number that if all of either sex were married, there would not, be enough of the other left unmarried to give rise to any gen­eral profligacy.



The desire of matrimony is so strong and universal, amid manifests itself so early in life, that nearly all would be married at an early age, if their pecuniary circumstances would admit of it. The causes, of a pecuniary nature, that prevent universal and early marriages, are these:



1. Young men cannot establish themselves in business of their own, immediately on attaining their majority, because they cannot obtain capital on which to employ their labor. Until they can obtain capital, and thus estab­lish themselves, they do not wish to marry, because their station in society will not be agreeable, or because their income, while laboring for others, will not give them a suf­ficient support. But if freedom in banking, and freedom in the rate of interest, and the prior right of the prior creditor to the property of the debtor, were recognized as law, there would be no difficulty in a young man’s borrowing capital enough to employ his own hands upon; and his being mar­ried would improve, instead of injuring his chance of obtain­ing it; because his being married would afford his creditor an additional guaranty for his industry, economy, and moral­ity. Other things being equal, a married man can always obtain both credit and employment, in preference to an unmarried one.



2. Men’s fortunes, in the present state of things, are so precarious-there is so much danger that a man, who is in comfortable circumstances to-day, may, by sonic of the hazards of trade, lose his property to-morrow; and not only lose it, but be left with a debt upon him, which will be a charge upon his future earnings, and an obstacle in the way of his borrowing the capital necessary to make his industry lucrative-there are so many dangers of this kind, that a [*53] prudent man dare not marry until he has accumulated, as he thinks, property enough to protect him, to some reason­able extent, against the chances of misfortune, lie there­fore lives unmarried for years solely to make this accumulation. But if the obligation of debts attached only to the property that a man should have when his debt should become due, and not to his earnings afterwards, so that he should always acquit himself of his debts by paying to the extent of his means, this danger of being overwhelmed in debt and consequent poverty, would be removed. He would know that he could always be at least a free man, if not a rich one; and that he could always be sure at least of his earnings for the support of his family; and that. if he could get capital, (as he could under the system proposed,) sufficient to employ