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defence of usury-及10何蛍

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�察�and only availing remedy�此�one stroke of it for the musty laws against maintenance and champerty�此�another for the more recent ones against usury。 Consider�察�for example�察�what would have respectively been the effect of two such strokes�察�in the case of the unfortunate gentleman I have been speaking of。 By the first�察�if what is called equity has any claim to confidence�察�he would have got�察�even after paying off his champerty´usurers�察�*1500 a year in land�察�and about as much in money�此�instead of getting�察�and that only by an accident�察�*3000 once told。 By the other�察�there is no saving to what a degree he might have been benefited。 May I be allowed to stretch so far in favour of the law as to suppose�察�that so small a sum as *500 would have carried him through his suit�察�in the course of about three years�拭�I am sensible�察�that may be thought but a short sum�察�and this but a short term�察�for a suit in equity�此�but�察�for the purpose of illustration�察�it may serve as well as a longer。 Suppose he had sought this necessary sum in the way of borrowing�察�and had been so fortunate�察�or�察�as the laws against the sin of usury would stile it�察�so unfortunate�察�as to get it at 200 per cent。 He would then have purchased his *6000 a year at the price of half as much once paid�察�viz�察�*3000�察�instead of selling it at that price。 Whether�察�if no such laws against usury had been in being�察�he could have got the money�察�even at that rate�察�I will not pretend to say�此�perhaps he might not have got it under ten times that rate�察�perhaps he might have got it at the tenth part of that rate。 Thus far�察�I think�察�we may say�察�that he might�察�and probably would�察�have been the better for the repeal of those laws�此�but thus far we must say�察�that it is impossible he should have been the worse。 The terms�察�upon which he met with adventurers willing to relieve him�察�though they come not within that scanty field�察�which the law�察�in the narrowness of its views�察�calls usury�察�do�察�in the present case�察�at twenty years purchase of the *3000 a year he was content to have sacrificed for such assistance�察�amount�察�in effect�察�to 4000 per cent。 Whether it was likely that any man�察�who was disposed to venture his money�察�at all�察�upon such a chance�察�would have thought of insisting upon such a rate of interest�察�I will leave you to imagine�此�but thus much may be said with confidence�察�because the fact demonstrates it�察�that�察�at a rate not exceeding this�察�the sum would actually have been supplied。 Whatever becomes then of the laws against maintenance and champerty�察�the example in question�察�when applied to the laws against usury�察�ought�察�I think�察�to be sufficient to convince us�察�that so long as the expence of seeking relief at law stands on its present footing�察�the purpose of seeking that relief will�察�of itself�察�independently of every other�察�afford a sufficient ground for allowing any man�察�or every man�察�to borrow money on any terms on which he can obtain it。

 Crichoff�察 �in White Russia�察 �March 1 787。

         LETTER XIII

To Dr。 Smith�察�on Projects in Arts�察�&c。

SIR�察    �I forget what son of controversy it was�察�among the Greeks�察�who having put himself to school to a professor of eminence�察�to learn what�察�in those days�察�went by the name of wisdom�察�chose an attack upon his master for the first public specimen of his proficiency。 This specimen�察�whatever entertainment it might have afforded to the audience�察�afforded�察�it may be supposed�察�no great satisfaction to the master�此�for the thesis was�察�that the pupil owed him nothing for his pains。 For my part�察�being about to shew myself in one respect as ungrateful as the Greek�察�it may be a matter of prudence for me to look out for something like candour by way of covering to my ingratitude�此�instead therefore of pretending to owe you nothing�察�I shall begin with acknowledging�察�that�察�as far as your track coincides with mine�察�I should come much nearer the truth�察�were I to say I owed you every thing。 Should it be my fortune to gain any advantage over you�察�it must be with weapons which you have taught me to wield�察�and with which you yourself have furnished me�此�for�察�as all the great standards of truth�察�which can be appealed to in this line�察�owe�察�as far as I can understand�察�their establishment to you�察�I can see scarce any other way of convicting you of any error or oversight�察�than by judging you out of your own mouth。     In the series of letters to which this will form a sequel�察�I had travelled nearly thus far in my researches into the policy of the laws fixing the rate of interest�察�combating such arguments as fancy rather than observation had suggested to my view�察�when�察�on a sudden�察�recollection presented me with your formidable image�察�bestriding the ground over which I was travelling pretty much at my ease�察�and opposing the shield of your authority to any arguments I could produce。     It was a reflection mentioned by Cicero as affording him some com。 fort�察�that the employment his talents till that time had met with�察�had been chiefly on the defending side。 How little soever blest�察�on any occasion�察�with any portion of his eloquence�察�I may�察�on the present occasion�察�however�察�indulge myself with a portion of what constituted his comfort�此�for�察�if I presume to contend with you�察�it is only in defence of what I look upon as�察�not only an innocent�察�but a most meritorious race of men�察�who are so unfortunate as to have fallen under the rod of your displeasure。 I mean projectors�此�under which inviduous name I understand you to comprehend�察�in particular�察�all such persons as�察�in the pursuit of wealth�察�strike out into any new channel�察�and more especially into any channel of invention。     It is with the professed view of checking�察�or rather of crushing�察�these adventurous spirits�察�whom you rank with ;prodigals;�察�that you approve of the laws which limit the rate of interest�察�grounding yourself on the tendency�察�they appear to you to have�察�to keep the capital of the country out of two such different sets of hands。     The passage�察�I am speaking of�察�is in the fourth chapter of your second book�察�volume the second of the 8vo edition of 1784。 ;The legal rate; ��you say�� ;it is to be observed�察�though it ought to be somewhat above�察�ought not to be much above�察�the lowest market rate。 If the legal rate of interest in Great Britain�察�for example�察�was fixed so high as eight or ten per cent。 the greater part of the money which was to be lent�察�would be lent to prodigals and projectors�察�who alone would be willing to give this high interest。 Sober people�察�who will give for the use of money no more than a part of what they are likely to make by the use of it�察�would not venture into the competition。 A great part of the capital of the country would thus be kept out of the hands which were most likely to make a profitable and advantageous use of it�察�and thrown into those which were most likely to waste and destroy it。 Where the legal interest�察�on the contrary�察�is fixed but a very little above the lowest market rate�察�sober people are universally preferred as borrowers�察�to prodigals and projectors。 The person who lends money�察�gets nearly as much interest from the former�察�as he dares to take from the latter�察�and his money is much safer in the hands of the one set of people than in those of the other。 A great part of the capital of the country is thus thrown into the hands in which it is most likely to be employed with advantage。;     It happens fortunately for the side you appear to have taken�察�and as unfortunately for mine�察�that the appellative�察�which the custom of the language has authorized you�察�and which the poverty and perversity of the language has in a manner forced you�察�to make use of�察�is one�察�which�察�along with the idea of the sort of persons in question�察�conveys the idea of reprobation�察�as indiscriminately and deservedly applied to them。 With what justice or consistency�察�or by the influence of what causes�察�this stamp of indiscriminate reprobation has been thus affixed�察�it is not immediately necessary to enquire。 But�察�that it does stand thus affixed�察�you and every body else�察�I imagine�察�will be ready enough to allow。 This being the case�察�the question stands already decided�察�in the first instance at least�察�if not irrevocably�察�in the judgments of all those�察�who�察�unable or unwilling to be at the pains of analysing their ideas�察�suffer their minds to be led captive by the tyranny of sounds�察�that is�察�I doubt�察�of by far the greater proportion of those whom we are likely to have to judge us。 In the conceptions of all such persons�察�to ask whether it be fit to restrain projects and projectors�察�will be as much as to ask�察�whether it be fit to restrain rashness�察�and folly�察�and absurdity�察�and knavery�察�and waste。     Of prodigals I shall say no more at present。 I have already stated my reasons for thinking�察�that it is not among them that we are to look for the natural customers for money at high rates of interest。 As far as those reasons are conclusive�察�it will follow�察�that�察�of the two sorts of men you mention as proper objects of the burthen of these restraints�察�prodigals and projectors�察�that burthen falls exclusively on the latter。 As to these�察�what your definition is of projectors�察�and what descriptions of persons you meant to include under the censure conveyed by that name�察�might be material for the purpose of judging of the propriety of that censure�察�but makes no difference in judging of the propriety of the law�察�which that censure is employed to justify。 Whether you yourself�察�were the several classes of persons made to pass before you in review�察�would be disposed to pick out this or that class�察�or this and that individual�察�in order to exempt them from such censure�察�is what for that purpose we have no need to enquire。 The law�察�it is certain�察�makes no such distinctions�此�it falls with equal weight�察�and with all its weight�察�upon all those persons�察�without distinction to whom the term Projectors�察�in the most unpartial and extensive signification of which it is capable�察�can be applied。 It falls at any rate ��to repeat some of the words of my former definition���察�upon all such persons�察�as�察�in the pursuit of wealth�察�or even of any other object�察�endeavour�察�by the assistance of wealth�察�to strike into any channel of invention。 It falls upon all such persons�察�as�察�in the cultivation of any of those arts which have been by way of eminence termed useful�察�d
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