Etters to ६६ oplestan HG 938 .C78 HG 938 078 VIRTUTIS : GLORIA MERC CES Charles Robinson. A LETTER Heffer. via Corp. Cambridge 15. DEC. 1911. JULIUS PRLEICH TO THE RIGHT HON. ROBERT PEEL, M. P. FOR THE UNIVERSITY OF OXFORD, ON THE PERNICIOUS EFFECTS OF A VARIABLE STANDARD OF VALUE, ESPECIALLY AS IT REGARDS THE CONDITION OF THE LOWER ORDERS AND memo Dlands THE POOR LAWS. By E. Copleston D.D. Bishop of BY ONE OF HIS CONSTITUENTS. Laissez nous faire. OXFORD, PRINTED FOR JOHN MURRAY, ALBEMARLE-STREET, LONDON. 1819. BAXTER, PRINTER, OXFORD. Exclu Wihary Duke Universi 8-8-1934 A LETTE R, &c. SIR, IN addressing to you these remarks upon the state of our currency, and its connexion with some of the most important interests of so- ciety, I have presumed partly on the political re- lation now subsisting between us, but still more on the manliness and candour which your parliament- ary conduct has always exhibited, and which assures me that I shall obtain one reader at least who will think for himself, and will not fear, upon a great practical question, to declare what he thinks, how- ever adverse his opinions may be to those whose general line of politics he approves. Another mo- tive for this choice is, that the sanction of such a name will probably engage the attention of many readers for whom the subject itself has few attrac- tions, or who think perhaps that the discussion it B +2 has undergone is already complete, and that no addi- tional light can now be thrown upon it. To such rea- soners I have only to point out the simple fact, that the present Chancellor of the Exchequer maintains doctrines which are at variance with writers hitherto regarded as the greatest authorities in political economy-that this controversy still subsists be- tween his published opinions and theirs and that his practical measures are still regulated by the opinions he has avowed. Unless therefore we are prepared to abandon these authorities, and adopt a new theory of money, we must regard the ques- tion as one still undetermined, and considering its deep and universal interest, deserving of the most careful investigation. t. Before I proceed however to lay before you the view I have taken of this important subject, I must be permitted to observe, that the didactic air which may appear in some of these statements, unsuitable as it is to the epistolary form, and par- ticularly as addressed to one who is himself far superior to the writer in political experience and knowledge, is yet almost inseparable from the me- thod of inquiry here pursued. When first prin- ciples are brought in question, it is necessary to explain and vindicate the very elements of the science at any rate it is impossible satisfactorily to maintain an argument on practical measures 3 " without pointing out the dependency of our posi- tions on those first principles which are generally received as true. In the discussion which has hitherto taken place, in and out of Parliament, the advocates of our present financial systein have sometimes adopted one, sometimes another of these methods. At one time they deny the funda- mental principles alledged by their opponents-at another they dispute the connection between the cases adduced and those principles-but still oftener do they seek to involve the question in darkness and mystery, by bringing forward facts, apparently at variance with those principles, and leaving their adversaries to account for them-thus playing a safer part than if they openly denied the principles themselves; and by a trick of so- phistry, throwing a discredit upon their adversary, because he cannot at the moment either disprove the facts, or reconcile them at once with his own theory. 1 To this latter practice I shall particularly advert in the sequel; conceiving, as I do, that it is highly disingenuous, and unworthy of the station and cha racter of those who frequently resort to it. Every one knows how difficult it is to make the generality of men, especially of men who are engaged, as all are more or less, in practical dealings, contemplate questions of this kind steadily and impartially-a B 2 4 considerable effort is necessary to enable them to abstract these ideas from the crowd of adventitious circumstances in which they are always enveloped, and still more from the personal interests involved in them. And when this end is accomplished for a time, and the truth is perceived and acknow- ledged, how soon is the attention exhausted, and the mind returns with pleasure to that state of slovenly repose in which we are too apt to indulge, unless when excited by considerations of interest or duty. If it be true even in morals that Our better mind Is but a Sunday's garment, then put on When we have nought to do, but at our work We wear a worse for thrift, < still more natural is it, in matters which belong rather to the province of intellect than of moral duty, that the purer speculations of science should be of rare occurrence and short-lived. Those ex- traneous particulars which have by a laborious pro- cess been separated in order to exhibit the main ingredient in its unmixed form, soon rush together and become blended as intimately as before, when the scientific purpose is answered, and the power- ful test which had expelled them is withdrawn. There is then a strong and constant tendency in the public mind to this confusion of the simple 5 ! elements of science in the practical concerns of life and it is painful to see the authority of men high in station employed not to correct these errors, but to sanction and confirm them.- Independently of the actual mischief flowing from the errors themselves, one may be allowed, with- out incurring the charge of Quixotic enthusiasm, to lament that the cause of truth itself should be thus exposed to unexpected difficulties-difficulties not of the ordinary kind arising out of the pre- judices and ignorance of the vulgar, but from the influence of men of talent and reputation; whose aid one might rather have anticipated in behalf of reason against prejudice. That the opposite course should have been pur- sued and should have prevailed, I can only account for, by considering the nature of the Cause in support of which these financial doctrines were first avowed, and the political hostility to that cause which was declared by many of their adversaries. Whatever my own opinion of the doctrines may be, it certainly does not arise from any disappro- bation of the policy then pursued, nor from any leaning towards the foreign politics of its oppo- nents. On the contrary, if that cause had required much greater pecuniary sacrifices from this nation than have been made, according to my judgment it was well worth them all. The nation, I believe, 6 1 would have cheerfully borne more: and now that the contest has been brought to a glorious issue, they would have looked back with pride instead of regret on the exertions it had cost them. But on this very account I lament that sophistry and de- lusion should have been employed to effect that for which the simple truth was alone sufficient. The cause was worthy of better means: and to the credit of the late Mr. Perceval it should be ob- served, that he always grounded the obnoxious mea- sure of a forced paper currency, not as his succes- sor in office has done, upon the denial of all the soundest maxims of political economy, but on the necessity of the measure in order to sustain the conflict in which we were then engaged. This ground is intelligible and manly. It admits the departure from established principles, but defends it as the means of avoiding a greater evil. The choice is thus fairly placed before the country: and by the very mode of stating the case, it is at least implied that when the emergency is past, there will be an end also of those irregular pro- ceedings to which it gave birth. Had this ground been steadily maintained, the country would have had the satisfaction of doing that generously, which they have now been told was no sacrifice at all. They might have indulged an honest pride in facing the difficulties of their situation with their " } 7 eyes open, instead of yielding to representations which disguised the danger, which insulted the un- derstanding of the wise, and deprived even the ig- norant of the credit of making a voluntary tribute to so great a cause. It is an old reflection, that men submit cheer- fully to irregular acts of power which they regard as necessary, but not to injustice under colour of right. A reflection which Lord Clarendon follows up by some judicious remarks on the effect of that unwise as well as unjust decision of the twelve judges in the case of Ship-money. "That pressure," he observes," was borne with much more cheer- "fulness before the judgment for the king, than 66 ever it was after: men before pleasing themselves "with doing somewhat for the king's service, as a testimony of their affection, which they were not "bound to do; many really believing the neces- : ઃઃ } sity, and therefore thinking the burden reason- able; others observing, that the advantage to the king was of importance, when the damage to them was not considerable; and all assuring "themselves, that when they should be weary, or "unwilling to continue the payment, they might resort to the law for relief, and find it. But "when they heard this demanded in a court of 66 law, as a right, and found it by sworn judges "of the law adjudged so, upon such grounds and 8 ແ reasons as every stander-by was able to swear “was not law, and so had lost the pleasure and 66 delight of being kind and dutiful to the king; and "instead of giving, were required to pay, and by a "logic that left no man any thing which he might call his own, they no more looked upon it as "the case of one man, but the case of the king "dom, nor as an imposition laid upon them by the king, but by the judges; which they' thought "themselves bound in conscience to the public justice not to subinit to." << 6.6 How far this memorable case bears upon the question before us, as a perversion of law, I shall explain hereafter. Even under that view of it there' appear to me to be no slight grounds of alarm in the language which the Chancellor of the Exchequer has thought fit to hold:-but at present I would point out more particularly the close analogy sub- sisting between his perversion of reason and their perversion of law, in support of a measure of state, and the corresponding effect naturally produced in the minds of all those who watch the proceeding. For myself, I could not more correctly describe the feeling excited by his speeches and the votes of Parliament which followed upon them, than by adopting the words of the eloquent historian just cited. And the more the subject is examined, the more, I am persuaded, will the public feel the ne- • 1 9 7 cessity of some explicit disavowal, on the part of government, of such pernicious doctrines. It will be my endeavour, in the latter part of this Letter, to exhibit with as much conciseness as is consistent with perspicuity, the several tenets which Mr. Vansittart has maintained on the sub- ject of our currency, in opposition not only to his Parliamentary adversaries, but to the ablest writers, whose opinions have been universally adopted throughout Europe; and more especially to analyze the reasoning by which his measures have been supported. But it will be expedient in the first place to premise some observations, on the im- portance of this subject-on its intimate connection with our laws, our morals, our religion, in short, with every constituent of social welfare and hap- piness. It is, I fear, but too common to regard a question of finance as important only to the public transactions or to the foreign commerce of the country: and people in general are apt to turn a deaf ear to discussions in which they fancy they have no immediate interest. Financial pamphlets, it has become familiar to remark, produce no im- pression on the public mind. It is on this well- known fact that our finance minister seems prin- cipally to rely for the success of his measures. For if once the generality of people of education could be persuaded that they affect all the most C 10 valuable interests of life-that there is really no mystery in the thing itself, (for after all it is only a question of simple arithmetic, and the whole difficulty consists in preserving an exact method, and clearing away irrelevant matter which obstructs the view, while the art of him who is in the wrong on a question of accounts consists in embarrassing and confounding the question and hiding the simple truth,) they would doubtless ex- ercise that independence of mind for which our country is justly celebrated, and compel by the in- fluence of public opinion that deference to truth and justice, which is so conspicuous in every other branch of our public administration. It happens unfortunately too for such enquiries, that men are apt to overlook the simplest and most fundamental truths, merely because they are elementary. The successive improvements which are engrafted on the rude elements of any art, by degrees engross all their attention, and impede rather than assist the view, in case any derange- ment or unexpected difficulty should occur which calls for an examination of first principles. terity in practice is by no means a criterion of well-grounded knowledge. It is often acquired by the very neglect of that knowledge; the attention which such knowledge demands being profitably transferred to the rapid execution of measures Dex- 11 really but not apparently connected with it. Thus in all improved machinery, the operation would be retarded if the workmen were continually reflect- ing on the several principles of its construction, and the connection they have with the ultimate effects produced. There is in fact no motive for such mental exertion, and the end being not only as well but even more expeditiously attained with- out it, it soon is not only disregarded as useless, but despised as pedantic. Hence it is that practical men are of all others least qualified to judge of new and unforeseen cases. Habit has already with them superseded reflection: they come to the consideration with minds preoccupied and if be- sides this their interests are involved, as they al- ways are to a certain degree, in the question, there is hardly any hope of a fair and impartial judg- ment for even the propositions of Euclid, says a philosophical writer, would become subjects of controversy, if the passions and interests of man- kind were affected by the result. Notwithstanding, however, this prejudice in fa- vour of practical opinions as opposed to theory, I will venture to premise a few of the established positions, however trite, on which the subsequent reasoning is founded. The great importance of a permanent standard, as the instrument of commerce, as a common c 2 12 measure, by which the value of all commodities may be expressed, no one denies. Certain pro- perties in what we call the precious metals seem to have determined all mankind, from the earliest ages, to adopt them in preference to other things. for this purpose. Besides their intrinsic value as articles of luxury, they unite the requisites of being portable, divisible, imperishable, distinguishable, in a higher degree than any other substance. Their quantity also is moderate, and not easily increased and hence arises that main property of being less subject to variation in value than other commodities. That they also are variable, as well as other things, but in a much less degree, was long ago observed by a profound and accurate writer. This circumstance, arising in the world at large from the indefinite increase in quantity to which they are liable, disqualifies them indeed for being a perfect instrument, but still leaves them by far the best that can be employed for that use : and the universal concurrence of mankind is deci- sive testimony to this point. Their variation in value in particular countries is of course owing to the fluctuations of demand and supply, an evil which has always a tendency to correct itself-and 1 2 Πάσχει μὲν οὖν καὶ τῦτο τὸ αὐτό· ἡ γὰρ ἀεὶ ἴσον δύναται· ὅμως δὲ Búλrrai μéveiv fãλrov. Arist. Eth. Nicom. lib. v. cap. 5: 13 which can never be excessive or even considerable where mutual intercourse is uninterrupted. It should here be observed, that admitting the continual production of these metals to exceed the wear and tear and loss and secretion, yet it by no means follows that an absolute increase in quantity would lessen their value. The principal demand for them being for the purpose of money, in pro- portion as mankind multiply and commerce is ex- tended, this demand will be increased. It may often exceed the supply, and thus raise their value, as seems to have been the case for two or three centuries before the discovery of America; and even now, if the art of commerce had not been improved by the institution of banks, and the great extension of credit, the annual supply from America would probably have fallen far short of the increased demand, in consequence of the spread of civilized population over the face of the globe, and the great increase of it in old countries. The rapid depreciation of these metals after the working of the mines in South America has be- come a matter of trite remark. But there are cir- cumstances attending it, more instructive and more deserving the attention of a practical statesman than the fact itself. I mean, the backwardness of mankind in perceiving this fact, their unwillingness to allow it, their proneness to account for the 14 change of prices by every other cause than the true one, the consequent unfairness and inequality in all contracts made for a length of time, the dis- turbance caused in the several relations of society, the hardships and depression of some, the ruin of others, the difficulties thrown in the way of adjust- ment, and the discord, reproach, vexation, and anxiety which was thus spread through every de- partment of life. Whoever is conversant with the history of those times, especially with that branch of history which enters into the detail of life and manners, must have had frequent opportunities of verifying these remarks. They abound with complaints of the increased dearness of provisions, and of all the necessaries of life-of the rapacity of landlords, the exactions of the clergy, the sufferings of the poor, the pressure of public burdens, the extravagant demands of all men for higher prices and for an increase of wages. Even the literature of the time, and the records of all our ancient institutions, teem with incidental notices to the same effect. The following passage from a sermon of Bishop Latimer's may be taken as a specimen of the mode of thinking on these matters, which continued till the end of Queen Elizabeth's reign, about the close of which the progress of depreciation received a check, continuing nevertheless with a slow and 15 scarcely perceptible pace through the whole of the next century. # too under which he acts, removes him still farther from the condition of the vender of a commodity, under which relation that theory regards him. The consequence is (what experience abundantly testifies) that every expedient is resorted to by his employer before that of a permanent rise of wages and as the labourer cannot defer the bar- gain, he submits to conditions really more and more rigorous, passing indeed under the same or even a higher denomination, and deriving addi- tional facility from this very disguise. At length recourse is had to the poor-rate to supply the grow- ing deficiency; and when once that store is opened, not for medicine but for food, there is no limit to the use made of it: the employer, as may easily be shewn, having strong motives of interest as well as of sordid habit to repair to it, and the labourer, with broken spirits and conscious impotence, being flattered also by the apparent security against absolute starvation which such an indefinite re- source offers to his mind. Among the subordinate causes that conspire towards this melancholy result is the fact, which appears to be well established, that a rise in wages is a diminution not of rent, but of profits. Whatever is theoretically true we may be sure is See Ricardo on Political Economy, chap. 14. 37 ... pay really acted upon by the interested party, however unconscious he may be of the abstract principle, and even unable to comprehend it: and hence another motive is for ever operating with the farmer to keep down the price of labour, and to it as far as he can out of the parish fund. On the evils and iniquity of this practice, which has al- ready struck deep root in many large districts of the kingdom, I forbear now to insist; my present object being solely to point out their close and ne- cessary connexion with the depreciation of our cur- rency. How they may best be corrected or alle- viated, Parliament will of course make the object of its gravest deliberation. The age is too en- lightened to think that a regulation of wages by law can give effectual relief; that Government can create food, or a demand for labour; but Govern- ment may remove many obstacles to that principle of self-correction which the analogy of nature teaches us is the universal law of her constitution. Neither have we any right to complain of that progressive depreciation which is the na- tural result of the causes before enumerated, and a liability to which, however unsuspected, was really involved from the first in the very nature of money. But the important inference is, and it is that to which the remainder of my Letter will be directed, that if such be the consequences of depreciation, 38 { any artificial, any superfluous, any arbitrary and coercive depreciation is one of the worst and most unjust measures which can be inflicted upon the **If country. If Government cannot stem the torrent, let them at least not add to its force by pouring fresh streams into the channel, and by obstructing those natural outlets through which the over- charged waters are struggling to make their way, and to find their proper level. 1 1 In entering upon this part of my subject, it is painful to think, how much of what is obvious and familiar, not only to yourself, but to every man of liberal education, must be repeated in order that the points in dispute may be fairly laid before. the reader. The necessity indeed arises from a cause which only the evidence of facts could force on our belief: that positions so elementary, theorems so long established, should have been required to give way before a novel expedient, confessedly adopted under the pressure of an unparalleled emergency. To this measure of temporary policy the science of ages and the plainest dictates of common sense are required to yield. It is not a compliance of the will, but a surrender of the understanding, that alone will satisfy the advocates of this measure. They de- fend it not as necessary, but as no violation of 1. } 10 39 legitimate theory. They deny that any evil has arisen from this innovation, and yet with mar- vellous inconsistency profess a disposition, and even an eagerness, to return to the ancient course. This, I confess, is not the least of those paradoxes which rest on the authority of the present Chan- cellor of the Exchequer. He stoutly denies that bank paper, and consequently the whole currency of the country, is depreciated. Yet he declares that it is expedient to resume cash-payments as soon as it can be done with safety. If there is no depreciation of the currency, why is it expedient?: The larger the proportion of paper in our currency, I provided that paper is equivalent to specie, the better. The quantity of undepreciated paper we can keep afloat in the market is the very test of the buoyancy of our credit-a sure token of public pros- perity-an index of the amount of displaced specie, which is employed to advantage somewhere else. The only benefit proposed, by making it con- vertible at the will of the holder, is, that depre- ciation may never take place; this natural check being fully adequate without any officious vigilance, or any positive enactments on the part of Govern- ment, to controul it. But when this check is wanting, there is no security against such an ex- cess as shall cause depreciation: and the only proof that such a depreciation has taken place is { 40 * " either the desire of men at home to obtain specie rather than paper, and their readiness to exchange paper for it at a nominal loss; or, the estimation in which our currency is held abroad being lower than it would be if it consisted of specie or of paper convertible into specie. Both these proofs were offered by the Bullion Committee in 1811, and both were rejected by Mr. Vansittart; the first as not founded in fact, the second as not conclusive if true. را } Many other points of subordinate importance were contested in the course of this discussion, some of which I shall have occasion to bring again to your notice, partly as conducive to the main argument, but principally to illustrate the mode of reasoning to which the Finance Minister has re- sorted, and to put it plainly before the public, whether measures which require such reasoning can be well-founded; or whether, if they can be better supported, the advocate, who has abandoned the better ground and taken up this, can be safely entrusted with the guardianship not only of the public revenue, but of the good faith and honour of the country, which are deeply involved in all these transactions. The argument of Mr. Vansittart's opponents was built upon the following simple maxims. That the legal coin of the country consists of gold 41 and silver of a certain weight and fineness, one pound of gold being coined into forty-four guineas and a half, and one pound of silver (till the late regulation) into sixty-two shillings, and that the impress of the Mint is an assurance to the public that these proportions have been observed. That a pound sterling is either twenty of such shillings, or of one of such guineas. 20 21 That bank paper is a promissory engagement to pay to the bearer the full nominal amount ex- 'pressed on the bill, in the legal coin of the coun- try, when demanded. That if the bank will not so pay the full amount, and if the holder cannot obtain the full amount of legal coin in exchange from other people, but only a less quantity than is there expressed, bank paper is depreciated in the estimation of the other party. That if the holder is willing to exchange his paper at this disadvantage, it is depreciated in his own estimation. That transactions of this kind to a great extent are carried on through the country. That the general disappearance of specie, which is undeniable, is a proof that there is a profit in sending it abroad: and that the laws which pro- hibit exportation of coin are wholly inefficient. To these simple elements respecting the nature G 42 of CURRENCY, a few must be subjoined on the na- ture of EXCHANGE. As every country has a common measure of its own applicable to all traffic within that country, so in traffic with other countries a common measure is obtained by settling the relative value of the cur- rency of each country one with another. This relative value depends on the quantity of precious metals contained in their respective cur- rencies: any given amount of the currency of one country which contains the same quantity of bul- lion with a given amount of the currency of an- other country, is equivalent to it, and constitutes what is called the par of exchange. L If the aforesaid amount in one country should have its intrinsic value lessened, the par of ex- . change will be altered, and a proportionably larger quantity of that currency will be required to re- store the equality. Notwithstanding the par of exchange, yet from various causes bills payable in the currency of one country have a temporary value greater or less than bills of corresponding amount payable in the currency of another country: that is, they are either above or below par. The exchange is said to be in favour of that country whose bills bear a premium, and against 43 that country whose bills are at a discount. The holder of bills which bear a discount is however generally content to abide by the loss, rather than actually fetch the bullion from that country in whose currency the bill is payable at par-but when the loss would be considerable, so as to ex- ceed the expence of transmitting bullion, he will fetch it. In other words, he will send the bill to that country with an order to lay it out in bullion to be consigned to him. ...In practical questions of this kind, the case is stated, for the sake of perspicuity, with greater sim- plicity than occurs in real life. The dramatis per- sona, if I may be allowed the illustration, are as few as possible, in order that the elements of the plot may be more distinctly seen. And if one or two individuals only were concerned, as the case adduced seems to represent, we might suspect a variety of motives to operate that might obstruct the regular execution of these proceedings, or even the actual advancement of their own interests. But these transactions are in reality conducted on a grand scale: a numerous class of intermediate agents make it the sole business of their lives to watch the relative value of bills, which is for ever fluctuating, and to derive profit from the ex- change, at the same time that the real holder is accommodated by having the affair taken off his 44 تم own hands. The intercourse thus maintained even in time of war between all commercial countries is active and regular; and we may as well suppose, that in a traffic open to all men between London and Liverpool, one man would long be allowed to make exorbitant gains arising from a commodity which he buys publicly in one place and sells in the other, as that the same people would be suffered without competition to send bullion from a country where it is bought at par to be exchanged for bills in another at an enormous profit, far exceeding the cost and risk of transinission. We assume it therefore as an element in our reasoning, (profit being the sole principle of commercial dealings, and a free competition existing among a multitude of intelligent people all intent upon the same ob- ject,) that the profit cannot long be so great on the exchange of a bill as to exceed the cost of the transmission of bullion. This cost, even in time of war, when freight as well as insurance is dear- est, has been found between London and Ham- cent. The same burgh never to exceed 7 per cent. must be regarded therefore as the limit to the unfavourable rate of exchange even in the worst times: for if it long exceed that measure, it must induce dealers either to buy up the bills for the purpose of sending them to their own country, to be changed into bullion; or it must induce the { 3 J L } 45 holders of bullion in that country to send it abroad to buy up these bills at so great an advantage. In either case the competition must be so great (al- ways increasing in proportion to the profit) as speedily to reduce the traffic within the limits above mentioned. J In a traffic of this sort too, the level is found almost immediately. Other commodities require some time to produce them and the fortunate holder of large quantities may make great profits before an adequate competition can grow up: but in these the time and labour required for the production counts for nothing. The commodity is always afloat, waiting only the impulse of profit to determine its direction to the best market. It is common indeed to represent the balance of payments between two countries, or that amount by which the exports of one exceed in value its imports from another, as actually made in bullion. But this is not the fact; and it is material to shew it, as Mr. Huskisson has done, in his valuable treatise on the Depreciation of our Currency. There is in fact no such thing as a final settlement between two countries at the end of a year, and a balance struck as between two individual dealers: the dealing always goes on, the low rate of ex- 1 • Question concerning Depreciation, p. 49-53. L ་ 46 change naturally drawing goods from the country whose bills are at a discount to redeem those bills, or to pay off that debt which is denoted by a fall in their bills, and checking the importation of them- while the discount continues. There is thus a continual tendency to restore the equilibrium and in a natural state of things, the oscillation never departs far from the mean: if it does, its great excess receives an instant check by the actual transmission of bullion; which is a commodity always set in motion by the slightest advantage at- tending it, being the most portable, and requiring less preparation than any other, and being the least liable to risk from the caprice of custom. } Another point assumed in this reasoning is, that bullion and coin are virtually the same thing in all such transactions. To the foreign merchant the matter not the form of the commodity constitutes its value. To him a pound of coined gold will not be worth more than a pound of gold in bars. At home however it may be thought there is some difference and undoubtedly for home use, the coin is preferable, and its value is slightly increased by having passed through the Mint. This increase of value has enabled many countries to take what is called a seignorage or toll at the Mint: that is, he who carries gold to be coined receives back from the Mint something less than he brought, in { 47 consideration of the increased value thus given to the commodity. In our own Mint this practice does not prevail: the same quantity precisely is delivered out coined, which was brought uncoined; the only loss the owner sustains by the process being that of the interest of the money during the delay of coinage. It should seem therefore that bullion with us can never be long below its value in coin, i. e. below what is technically called the Mint price; because it is so easily convertible at the will of the owner into the more valuable form. But it may be said, that bullion will often be above the Mint price, because when once turned into coin it is, as it were, imprisoned: it can neither legally be turned back into the form of bullion, nor legally be exported. Such undoubtedly is the law of the land. But there is no fact more certain, than that these laws are wholly inefficient whenever a profit attends the violation of them. No man of the slightest experience or knowledge in mercantile affairs is ignorant of the fact: no man, except for the sake of argument, supposes it to be otherwise. Ties of law, and even of religion, it is perfectly notorious, are altogether useless. If the coin is not smuggled abroad, it is melted into bars, and sworn off as foreign gold for exportation. Large dealings, limited only by the demands of trade, 48 of both kinds take place and although there is no doubt that clandestine exportation is the main channel through which the traffic is carried on, yet the form of an oath for the purpose of rendering melted coin legally exportable is too well-known to be but a slight obstacle-an obstacle reducible, like all other matters of trade, to an average ex- pressed in money. Practically therefore it cannot interfere with the correctness of our conclusions, whenever the profit of sending bullion abroad is such as to exceed that average, which has never been rated at more than 5 per cent.: and the clandestine exportation of coin which involves no perjury, but merely runs the risk of seizure, is practised to a much greater extent. Now it was proved during the enquiry made by the Bullion Committee, that foreign exchanges had for a long time been permanently unfavourable to this country, in a degree far exceeding the limit above mentioned, namely, the cost of remitting bullion, and which by practical men was stated to be rarely more than 5 per cent even in time of war. In the case of Hamburgh in particular, the exchange had been as low as 29.8, which denotes a loss of about 17 per cent: and for a long time previous to the enquiry, the discount, although varying, might be fairly taken at 15 per cent. A 49 $ - The argument therefore for the depreciation of our currency was simple and clear. As the sending of bullion to Hamburgh would save this discount, and the expense of sending never at the utmost exceeded 7 per cent. a merchant would naturally have recourse to that mode of pay- ment rather than suffer so great a loss. But if he attempted to do so, he found that to buy bullion in England with bank paper would involve him in as great a loss as the discount of his bill. For instance, that to obtain bullion equal in weight to 100 guineas, he must give bank notes to the amount of 112, 115, or even 120 guineas, accord- ing as the case might be. This then was another measure of the depreciation of the paper as com- pared with coin: for no one pretends that 112, 115, or 120 guineas in specie would ever be given to procure gold equal only to 100 guineas £. 1 f f It should always be remembered that the depression of the exchange is not proposed as a sole test of the depre- ctation of currency. There being two causes which regulate the exchange, viz. the balance of payments, and the intrinsic value of the currency, these may operate either in con- junction or in opposition to each other, In the first case, the rate of exchange will be as their sum, in the second as their difference. If for instance the balance of payments be 4 per cent. against us, and the currency also depreciated 4 per cent, the depression of the exchange will be 8 per cent. If the balance of payments be 4 per cent. in our favour, and H 50 胄 ​The reasoning of Mr. Vansittart against this argument is curious. He does not deny that if guineas were to be had, they would be sent out to save this discount, but he reminds us that it would not be legal to do so. The fact is admitted on all hands, that coin will be exported in such a : 1 state of things, and he himself states it, and reasons upon it again and again but he says, it ought not to be so, and seems to think this an answer to the proof above adduced of the difference of value in our paper and our coin. Paper cannot purchase bullion except at a considerable loss. Coin will purchase it at little or no loss, Coin therefore is more valuable than paper. No, says Mr. Vansittart, if the daw were enforced, coin could not be só employed. But is the law en- forced? Can it be enforced ?, Mr. Vansittart him- self shall answer: EC "The Bank has sometimes been obliged to purchase gold at a considerable loss; but this has always hap- 1 ¿ the currency depreciated as before, the quantities will neu- tralize each other, and the exchange will be at par. If, lastly, the balance of payments be 4 per cent. in our favour, but the depreciation of currency 20 or 24 per cent. "the de- pression of the exchange will only be as 16 or 20 per cent. In this manner the premium given in bank paper for guineas, which often exceeded the nominal rate of exchange, is easily accounted for; the balance of payments, or the real exchange, being at that time in our favour. 51 } + pened in consequence of the foreign demand for gold draining away our coin by clandestine exportation." Speech on the Bullion Resolutions, 1811, p. 37. When bullion is a more advantageous mode of re- "mittance than bills, gold bullion is sought after for "exportation: exportable gold rises higher than that "which cannot be legally exported, and is first sent abroad. A clandestine or fraudulent exportation of "coin, or of ingots produced from coin, soon follows." p. 39. / ثم 1 : Since 1809, a further depression of the exchange "has taken place, and a greater quantity of coin has gone out of the country." p. 50. } These passages all lie within a few pages of one another. And yet in the same speech, Mr. Van- sittart does not think it beneath himself to address the following language to the House, and after- wards, by means of the press, to the country at large. 66 "Do the Committee then mean that the law will be ineffectual, and that a real though clandestine ex- portation of coin will take place? I will not do the Committee, I will not do the learned gentleman, the injustice of suspecting they can mean to countenance "a system, which gives the illegal a decided advantage "over the fair dealer, which habituates and hardens "the trader in the evasion and breach of the law; which is carried on by direct fraud and perjury." p. 15. 16. 1. ઃઃ nay, To affect all this moral sensibility about a fact H 2 52 which is perfectly notorious-which is by every writer on the subject assumed as necessary, and incapable of being prevented-nay, which he him- self for his own argument presently after assumes and reasons upon is something worse than solemn mockery. The very term exchange indeed has no meaning, except on the supposition of the trans- action which is thus awfully deprecated. It is not exchange of commodities, nor exchange of bills, but exchange of the currency of one country for the cur- rency of another, which the name originally imports -which is the basis of all commerce between civi- lized nations--and without which no intercourse. but that of barter could take place among them. ** 1 Let it be observed moreover, that for the sake of heightening the glow of his description, Mr. Vansittart calls the clandestine exportation of coin a fraud. In what sense the word fraud iş here used I do not perfectly understand. When melted coin is sworn off for exportation, most probably there is perjury; although even here it by no means follows that the exporter knew the gold to be melted down from coin: but in the case of clandestine exportation, the revenue is not defrauded: the gold runs the risk of seizure, it is true, but no duty is withheld from Govern- ment, and certainly no fraud is practised on indi- viduals. To induce a man to take less than the .. 53 value of his property under pretence of giving him an equivalent, is much more like a fraudulent transaction; and the motto Mea fraus omnis would better suit the author of such a measure, than the imputation of fraud on those whom he tempts by an exorbitant profit to violate or evade the law. The whole however of Mr. Vansittart's argument is built on this foundation: and he prevailed upon the House of Commons to sanction it, by adopting a resolution as contradictory to Mr. Horner's state- ment, upon which in reality it has no bearing. f Mr. Horner had argued, that if bank paper was worth as much as coin, it would buy gold as well as coin: but bank paper could not be so employed ex- cept at a great loss as much as 15 or 20 per cent. while coin was so employed freely, and was itself besides sent out of the kingdom instead of bullion so rapidly, in consequence of this enormous profit, that it had totally disappeared. 1 J Mr.Vansittart's resolution declares, that in public estimation bank paper and coin are equivalent, ex- cept where this object is in view: that is, excepting ) f Resolved, That, the promissory notes of the said company have hitherto been, and are at this time, held in public esti- mation to be equivalent to the legal coin of the realm, and generally accepted as such in all pecuniary transactions to which such coin is lawfully applicable. ป 54 the very proof which is offered of the point in question,k wayan sa ale By this time it had become perfectly notorious that agents were employed in every town of the kingdom to collect guineas by offering a premium in bank paper. A law had passed rendering the transaction penal, and some convictions had taken place. The traffic however was not in the slightest degree interrupted. The dealers collected gold from tradesmen, who sold their goods at a cheaper rate when paid in specie. The profit was thus divided among several, according to the number of hands through which the coin passed before ex- portation the main risk remaining only with the exporter, while the intermediate dealings were never brought to light except by spies and in- formers. Of the fact, and of the motive for the fact, there could be no doubt 5. f 26 1/ 11 Yet Mr. Vansittart asks his opponents in Par- liament whether they have ever found this differ- ence in price. No instances, he, avers, have been produced therefore we are not to suppose there J From the days of Locke till the present time I have "no where seen the fact disputed. It is by all writers indis- criminately allowed, that no penalties can prevent the coin "from being melted when its value as bullion becomes supe- "rior to its value as coin." Ricardo's Reply to Bosanquet, p. 42. 55 were any. All the liquor has escaped, and the cask is empty: yet if we cannot point out the leak, we have no right to say that the vessel was defec- tive. -} } But where is the candour of thus pressing the argumentum ad hominem, when the question is not whether the thing be creditable, but whether it be done? Individuals abstain from doing many things perfectly lawful in foro conscientia, but which from various motives they do not choose to engage in. Either it is not in their line of business, or there is a prejudice, or a risk, or a trouble, or an odium attending it. Money dealing is not the most respectable calling, any more than dealing in old clothes. But they may both be exercised with a safe conscience: and even if we ourselves should have scruples of conscience, yet if there are always people to be found who do this work, where is the use, where, I may say, is the honesty, of pretending that it is not done as certainly and as regularly as if we were engaged in it ourselves? Who does it, is a point perfectly indifferent to the argument. } 1 1 1467 The next ground Mr. Vansittart takes up is, that the continuance of an unfavourable exchange against a country, far exceeding the expense of transmitting bullion, is no proof of a depreciated 56 1 currency in that country: and he abounds with examples in which this anomalous mode of dealing, according to him, prevailed. At a time when our paper was convertible into specie at the will of the holder, he contends that similar depressions of the exchange have been known that during Queen Anne's wars, for eleven years together, the exchange was depressed even to a loss of 12 and 15 per cent, when the expense of conveying specie could not amount to 3 per cent.h-that for some years after the American war the exchange with Hamburgh continued from 5 to 8 per cent. against England, when the expense of sending specie could not have been more than 3 per cent. that in 1760, the exchange between London and Ham- burgh was near 8 per cent, in favour of London, the expense of importing gold from Hamburgh being little more than 3 per cent.: yet there was no paper currency at Hamburgh at that time or since ek. .. } 1 "The very same year," however, continues Mr. Vansittart, who seems to think the effect of his argument heightened by contrast, "the very same year the exchange was in November 6 GC per cent. "against England." That the alteration should have h ↳ Speech on the Bullion Resolutions, p. 111. 1 ¹ Ibid. p. 115. * Ibid. p. 19.. 57 dify zhacods ek pra 200 taken place within a few months, is as strong a proof as could be desired of the soundness of the principle we maintain. That excessive depression naturally corrected itself: and the reaction was so violent as to carry the excess to the other side; enormous gain having the natural effect of drawing so many competitors, as for a short time to reverse the market. J ནོ། Indeed if a hundred such cases had been pro- duced, in which, according to the statement, a great profit presented itself by resorting to a simple and common expedient, which however no one adopted if this relative position apparently continued for several years between two of the greatest, most intel- ligent, and most active trading cities in the world, containing thousands of persons whose sole busi- ness it is to make a profit by sending to each other whatever commodity will find a good market, and to. whom nothing is more familiar than such transactions * Fo what would the conclusion of any reasonable man be from such a representation? Not surely that. disinterestedness, or apathy, or ignorance could exist to such a degree-but that there must be some inaccuracy or some defect in the statement—that all the circumstances of the case were not before him-that it was a problem to be solved, not a fact to be recorded, and produced in evidence as occa- sion might require, to illustrate the nature of com- I 58 } م 1 merce and political economy. If the whole case were thoroughly sifted, he would say, it would pro- bably turn out that no profit could be derived from the transaction, for if a profit to that extent could be made, the transaction must have taken place. To suppose it otherwise, is to give up the great and only fundamental principle on which all com- mercial proceedings rest. To suppose To suppose that a mode of dealing attended by loss would be preferred by a merchant to one attended by profit, when both are equally practicable, is a perfect absurdity-and nothing can be more puerile than to support an argument by such a case, however useful it might be to propose it to a student in the theory and practice of commerce as a problem for solution. 1 Yet not only Mr. Vansittart, but a merchant of high character and abilities has resorted to the same mode of reasoning. Mr. Bosanquet follows up the whole of Mr. Vansittart's system, even to the point of declaring that the standard of our currency is that pound, whatever it may be, in which Government pays the interest of the national debt. At present I shall only produce, both as a specimen of the reasoning of these gentlemen, and of the mode of refutation that must be resorted to, the case alledged by Mr. Bosanquet of an un- favourable exchange. wrth Hamburgh and with Paris. As a single example, it may be worth while 24,300 " 59 to state the case in some detail, together with Mr. Ricardo's analysis of the riddle. 6 11 Mr. B. observes, that in the years 1764 to 1768, the exchange with Paris was 8 to 9 per cent. against London at the same time the exchange with Hamburgh was during the whole period 2 to per cent. in favour of London. Here then ap- pears to be a profit of 12 tó 14 per cent. for the expence, in time of peace, of paying the debt to Paris with gold from Hamburgh at least 8 or 10 per cent, above what it would cost in fact. Again, the exchange with Hamburgh in favour of London continued several years such as to con- stitute a premium after deducting all expences of 5 } per cent. on the importation of gold into Eng- land: yet the exchange was not rectified thereby. Thirdly, in 1775, 6, and 7, the exchange with Paris was 5, 6, 7, and 8 per cent. against London, when half the amount would have conveyed gold to Paris, and one fourth would have paid the debts of Paris at Amsterdam. : Here Mr. B. leaves the problem, implying either that merchants did not see the profit, or did not regard it whereas the only rational conclusion from such a statement is, that there must be some circumstances behind, which if known would ac- count for the phenomenon upon the ordinary prin- ciples of trade, Mr. Ricardo undertakes the in- A C } * 1.2 60™ 1 vestigation, and by the aid of a clear intellect joined with a perfect knowledge of mercantile affairs, unravels the whole mystery. A's to the exchange between Hamburgh and Lon- don, he shews, first, that Mushet's tables, on which Mr. B. builds his calculation, are, by the author's own confession in a subsequent edition, erroneous. Instead of 33.8, the par, Mr. Mushet says, should have been 34.111. Secondly, because gold is the standard of this country and silver that of Ham- burgh, and the relative value of gold and silver is liable to variation, the par of exchange can never be absolutely fixed and upon examining the cases in question, the difference arising from this cause is found to have been full 3 per cent.-making the real par 36.1 instead of 33.8, as stated in the tables of Mushet's first edition. 10 } Thirdly, this correction of the author's, on ac- count of the par of silver against silver, Mr. Ricardo finds upon consulting Kelly's table to be too low by per cent. goo 1 Fourthly, the tables Mr. B. has consulted make no allowance for what is called usances, that is, interest for 24 months, which it has been the in- variable custom to allow in bills drawn between London and Hamburgh-making a further differ- ence of 1 per cent. The sum of these several corrections reduces the 61 exchange within the limits supposed by the Bullion Committee, namely, the expense of transmitting bullion from one place to the other. By a similar process the excess in the exchange between Paris and London is shewn to be nominal and not real, the French mint taking a seignorage of 8 per cent. that is, raising the nominal above the real value of the coin in that proportion; which of course must be struck off when it is considered as exchangeable with a foreign currency. Another paradox, much vaunted by the mi- nister, and supported like all the rest by Mr. Bosanquet-viz. that gold has often been much higher than the mint price for a long time toge- ther, during a sound state of our currency, is made to fall before the same rigorous and exact investigation. But I forbear to enter any farther into these computations-essential as they are to the argument, and highly illustrative of the abilities of the writer who stepped forward to vindicate the truth. Only let me be permitted to remark, that this mode of reasoning, once exposed in the way it is, ought to divest its authors of all claim to our confidence, and that even when the solution is not at hand, yet the application of the principle above mentioned, whenever it is applicable, ought in all reason to be accepted as a sufficient demonstration. Profit is in mercantile dealings, what gravitation 62 is in the system of the universe: and no problem is worth listening to, which supposes the absence of that universal principle. Before we quit the subject however, it may be well to subjoin Mr. Ricardo's own reflections upón Mr. Bosanquet's argument, which he has analyzed with so much patience. 1 1 "I cannot help here observing, that it must "excite astonishment, that a British merchant "should seriously believe it possible, that, in time "of peace, a net profit, after paying all expences, "of from 10 to 12 per cent. should have been "made by the exportation of gold from Hamburgh "to Paris during four years a profit, which, from "the quick returns, would have enabled any person - engaging in such undertakings to have cleared "more than 100 per cent. per annum on the capital employed; and that too in a trade, the σε r slightest fluctuations of which are watched by a "class of men proverbial for their shrewdness, "and in which competition is carried to the greatest ፡፡ extent. . That facts such as these should be brought forward to invalidate a theory, the rea- "sonableness of which is allowed, is a melancholy proof of the power of prejudice over very en- "lightened minds." . .. The astonishment here expressed cannot exceed my own, at reading in the speeches of a Chancellor 63 • of the Exchequer, published by himself, a general scarcity of gold asserted, and offered as an ex- 1 } planation of the high price of bullion in England, as if gold were, like grain, a thing of annual con- sumption and reproduction, and liable to be af- fected by an unfavourable season; or as if his readers did not know that every commodity goes to that market where it is most in demand-and that where the laws of a country render it useless, it will neither remain in it nor be brought there. It was under the influence, I presume, of the same counsels, that a gold coinage of sovereigns lately took place that people wondered at their leaving us almost as soon as sent into circulation—and then suggested this as a proof that the time was not yet come for a resumption of cash-payments. Will the time ever come, if we wait till the stream of commerce has ceased to flow in the channel of profit ? } From the same high authority we are told also, that "if our currency had in fact become of less "value, this circumstance could not possibly have “occasioned a fall of the exchange" and "that 66 a diminution of the currency at home may have "the effect of improving the exchange, but cannot by possibility depress it";" doctrines, which (6 1. Speech on the Bullion Question, p. 22. m Ibid. p. 34, 35. I 64 may be convenient for the purpose of forcing a temporary measure on the public, but which nỏ man, one would think, who values his reputation as a financier would wish to place on record, and sub- mit to their cooler judgment, as his deliberate opinions. * } They are convenient moreover as introductory to the revival of a policy, often practised in ruder times, but which for more than two centuries has not been suggested in our own, that of a debasement of the coinage. If ever attempted in this country, it will of course be proposed under the more courtly title of lowering the standard, hints of which have certainly been thrown out by the advocates of our paper-system, but which I trust there is yet public, virtue enough remaining in the country to reject with indignation, if any minister should ever be so hardy as to advise it. : เ P That these fears are not wholly without founda- tion will appear by adverting to the language Mr. Vansittart has held on the subject of a legal stand- ard, a part of his argument which deserves more serious attention than has hitherto been given to it, upon constitutional grounds as well as on the common principles of justice and honour. The first argument indeed against a fixed standard may safely be left to the judgment of 着 ​my readers, without any attempt at refutation. Because the mint weight of a guinea is 5 dwts. 94 grs. but a guinea is considered by law to be good currency till it is worn below 5 dwts. 8 grs., Mr. Vansittart asks, Which am I to regard as the fixed standard"? a specimen of verbal cavilling, which for the credit of his station had better have been omitted, but which for the credit of one's own cause it is always satisfactory to see on the adversary's side: Having established this notable position, that "the legal coin of the country never possessed a "value estimated by a fixed weight of gold or silver "bullion "," he infers very logically that bank-notes therefore, which represent this coin, never had a standard value, and therefore cannot have lost it. 0: Perhaps I ought not to call this the first argu- ment, for I perceive a little before Mr. Vansittart had contended that our silver currency also had no standard, because for any sum not exceeding 257. it was legal tender however worn, and because of pay- ments made in actual cash, at least 999 in 1000 are under that value. It is a good rule in reason- ing to estimate arguments, as prudent men estimate payments, pondere non numero-a rule which n Speech on the Bullion Resolutions, p. 13. • Ibid. p. 14 K 66 1 ought perhaps to have led to the disregard of this passage altogether; for I cannot believe that any person seriously examining the question can accept it as a proof or even a presumption that we have no legal standard, because the law declares that in no instance shall a gold coin fall below it more than to a certain point, and because having provided that small payments only shall be made in silver, (which cannot therefore affect foreign exchanges,) it does not specify the loss of weight which shall be sufficient to stop their currency. Only let it be remembered that even in the case of silver coin, it is more proper to say, that it is legal tender however worn, than, as Mr. Vansittart says, at whatever weight; because the original weight, even of them, is as fixed as any thing human can be; and no English coin was ever legally current that did not first issue from the mint. Having thus, to use his own words, "overturned "the basis" of Mr. Horner's resolutions, Mr. Van- sittart declares himself prepared to prove, in oppo- sition to the doctrine of a fixed standard of current coin, the prerogative of the Crown to regulate the standard" by a reference to the soundest legal "authorities, and the repeated and acknowledged "practice of ages | » Speech on the Bullion Resolutions, p. 68. L' ་ ་་ 1 67 It is this assertion, followed up by a Resolution, which, to my sorrow as well as surprise, obtained the sanction of the House of Commons, that ap pears to give the question a most important cha- racter. For if the prerogative of the Crown be such as to make any quantity whatever of the pre- cious metals, according to pleasure, or any sub- stance, no matter what, lead, paper, or leather, stand for a pound sterling, this certainly is “a logic which leaves no man any thing that he can "call his own"-which subjects every man's pro- perty to be modified or even extinguished at the will of the Sovereign. Mr. Vansittart does indeed say, that he and his colleagues have no intention to propose this exer- cise of the prerogative to relieve the wants of Go- vernment; and he even goes on to admit, that "during the existence of a public debt, the alter- "ation of the standard of money would be an act Resolved, That the right of establishing and regulating the legal money of this kingdom hath at all times been a royal prerogative, vested in the Sovereigns thercof, who have, from time to time, exercised the same as they have seen fit, in changing such legal money, or altering and varying the value, and enforcing or restraining the circulation thereof, by Proclamation, or in concurrence with the Estates of the realm by Act of Parliament: and that such legal money cannot lawfully be defaced, melted down, or exported. K 2 68 ' " of bankruptcy, and a direct fraud on the public "creditor, as well as every private creditorħ.” This, to be sure, is some ground of comfort; for if the standard be not altered, till the whole na- tional debt is paid off, we and our children have little, it is presumed, to fear upon that account. But why then should the topic have been intro- duced? What bearing has it upon the point in debate? If this power must be in abeyance while the public debt continues, it is perfectly nugatory to advert to it, when the question is, Does not the Government at this moment defraud the public creditor by paying him interest in a depreciated currency-by requiring him to take bank-notes in payment, or nothing? The creditor says, Pay me in legal coin. The answer is, Bank-paper is as good as coin. The creditor denies it, and contends that bank-paper is notoriously of less value than coin, and to such a degree, that Government has itself been driven to make the sale of it for less than its nominal value in coin, penal. .. To what purpose, I repeat, is it, to reply to this argument, as Mr. Vansittart does in his first Re- solution, that the king has the power of regulating { The injustice is the same to every private creditor whe- ther there be a public debt or not. # 69 the standard of our coinage ? He surely does not mean to call bank-paper our coinage. Indeed part of his argument is, that bank-paper is not made legal tender, and that the public creditor may wait, if he pleases, till the Bank Restriction Act is re- pealed, for his dividends. How then is this maxim of the king's prerogative to be applied? The coin is not altered in value. It is the paper that is de- preciated. Unless therefore he means that the king's prerogative can make that paper legal tender, the assertion has not the slightest connexion with the subject in dispute. J > Is it then meant to display the forbearance of ministers in not having put forth the full strength of the crown, and to warn men how they fret at this petty grievance, when so much greater a burden might have been laid upon them? Or is it thrown out as a sort of challenge on a point of constitutional law, curious indeed and important, though irrelevant to the subject in hand? Of the importance of such a declaration from a minister of state there can be no doubt. And it is well that the declaration was met on the spot, by one of the ablest and most luminous answers that a question of constitutional policy ever called forth. I allude to the speech of Mr. Canning, which not only unravels with singular grace and perspicuity the whole sophistry of his opponent's reasoning, oh 70 the subject of currency and exchange, but has placed this doctrine in particular, which wears so ambiguous and menacing an aspect in the Reso- lution of the House of Commons upon its true Whoever has grounds both of law and policy. read the two speeches of Mr. Canning on this subject, as published by himself, will perceive how largely I am indebted to them for the matter of this pamphlet a debt which I shall perhaps best discharge by endeavouring to extend its obligation as widely as possible to others. { The Resolution asserts the king's prerogative to "alter and vary the value of the legal money of "the kingdom either by Proclamation, or in con- "currence with the Estates of the realm by Act "of Parliament." The word value must here be understood to mean the current value-that rate according to which debts and pecuniary contracts may lawfully be discharged: for, as to the in- trinsic value of the metal being affected by the edict of a Sovereign, or an Act of Parliament, it is an idea which none but such financiers as the courtiers of Canute can be supposed to entertain. } As Mr. Vansittart did not think it necessary to produce any legal authorities to this point, the fol- ¹ See page 67. } 71 lowing extract from Judge Blackstone may serve to throw some light upon it. 66 The denomination, or the value for which the "coin is to pass current, is likewise in the breast "of the king; and if any unusual pieces are coined, the value must be ascertained by pro- clamation. In order to fix the value, the weight " and the fineness of the metal are to be taken 66 { "into consideration together. When a given દ weight of gold or silver is of a given fineness, it "is then of the true standard, and called sterling "metal. . . . . and of this sterling metal all the "coin of the kingdom must be made, by the sta- "tute 25 Ed. III. c. 13. So that the king's prerogative seemeth not to extend to the debas- . 66 ing or enhancing the value of the coin below or "above the sterling value; though. Sir Matthew "Hale appears to be of another opinion. The 66 king may also, by his proclamation, legitimate "foreign coin, and make it current here, declaring "at what value it shall be taken in payments. But "this, I apprehend, ought to be by comparison "with the standard of our own coin; otherwise "the consent of parliament will be necessary." About the authority of an Act of Parliament there can be no question. It is the authority of • Commentaries, b. i. c. 7. §. 4. : 72 7 4 the king, without parliament, which Mr. Van- sittart seems desirous of representing, as com- petent to alter the current value of our coin; that is, to compel his subjects to take it either at the same rate when its real value is lessened, or at á higher rate when its real value remains the same. If the Resolution does not mean this, it means nothing. But this is precisely the same thing, as taking his subjects' money without their consent. For the debts and engagements of Government may thus be discharged (as often has been done by despotic sovereigns) with a less quantity of the precious metals than was really due. To do this, Mr. Vansittart justly observes, is a direct fraud on the public creditor. Does he mean then that the sovereign has a right to commit this fraud? That the king cannot tax his subjects without the au- thority of parliament, but that he may cheat them by his own authority? So monstrous a propo- sition could hardly have been endured, much less sanctioned by the House of Commons. Neither do I think so ill of the author of this Resolution, as to suspect him of entertaining it. Yet one is here placed in a perplexing dilemma. For if he goes no farther than Blackstone, who thinks" the king's prerogative does not extend to "the debasing or enhancing the value of the coin" -if he means no more than that the authority Y 73 either of an Act of Parliament or of a Proclamation is necessary to give currency to the coins, their absolute and relative value being previously settled according to strict justice, what is the import of that "reference to the soundest legal authorities "and the repeated and acknowledged practice of ages," which is announced with so much so- lemnity in his speech? and to which moreover he thinks it expedient to subjoin a declaration, both on his own part and on that of Mr. Perceval, that they have no intention of proposing an alteration in the standard of our money? Why this re- ference to the soundest legal authorities, if he means nothing more recondite than Judge Black- stone's Commentaries ?-and why this mention of repeated and acknowledged practice, if he means only the practice of the last two centuries, which no one ever arraigned, and which certainly has no connexion with the subject then under discussion, the forced eirculation of bank-paper ? Surely the king's prerogative has nothing to do with the paper of the bank. It is well known to all who have made en- quiries on the subject, that although the coin has at several periods of our history been debased, so that from a pound of silver, which formerly was t Page 68. L 74 coined into twenty shillings, sixty-six shillings are now coined, yet the standard has never been lowered from the 43d of Eliz. when sixty-two shil- lings were coined out of the pound, until last year, when the number was increased to sixty-six; the recent measure being justified on the score of con- venience, and as not affecting the general rate of our currency, which ever since the year 1773 has been measured by the standard of gold: and the standard of our gold coin still remaining unaltered, the legal tender in silver being also reduced to forty shillings, it was admitted on all sides to be no en- croachment on the principle of a permanent stand- ard of currency. Does then Mr. Vansittart mean by this appeal to repeated and acknowledged "practice," to propose the arbitrary practice of our Sovereigns prior to the reign of Elizabeth practice which has been discontinued not only since the Revolution, but which even the Stuart princes in all their difficulties never dared to imitate does he propose this as evidence of the King's pre- rogative at the present day? If he does, my an- swer to his doctrine would be no other than that of Bishop Andrews to King James, "I think your Y Notwithstanding all this, notwithstanding the forcible appeal made at the time to the consti- tutional feeling of the House, the Resolution was permitted to stand the first in that series *, which was brought forward to support the circu- lation of bank-paper. It was permitted by the same assembly who objected to Mr. Horner's Resolutions, which contain the clearest and most concise exposition of the principles of our cur- rency that has ever been promulgated, that it did not become the legislature to vote abstract propositions however true, and who yet place on their journals one so abstract, that it has confessedly no connexion either with the Resolutions that follow, or with the occasion out of which the discussion arose. } " Sir Matthew Hale's Pleas of the Crown, p. 194. fol. ed. See Appendix, No. II. F L 2 76 ا 4 X 1 } In its only intelligible sense, it contains the plainest implication of the Sovereign's right to the property of his subjects, which has ever been hazarded in modern times. And on that account it is well that a firm stand was made by one member of the House, not against the measure of bank restriction, which perhaps the circumstances of the country rendered expedient, but against the doctrines and reasons by which it was defended. These doctrines struck at the root of all sound political economy, of our constitutional privileges, and of our public honour and good faith. It will not, I am sure, be unacceptable to my readers if I produce, from one of the speeches delivered on this occasion, not the most brilliant passage, but a passage which places in the strongest light the true merits of the case, and the grounds of the speaker's opposition to Mr. Vansittart's Resolutions. " "In addition to these motives of policy, there are, as I have heard this night, not without asto- nishment and dismay-considerations of jus- tice, which preclude any systematick reduction of the amount of our paper currency. Such a "reduction, it is argued, would change the value "of existing contracts, and throw into confusion 1 every species of pecuniary transaction, from the "rent of the great landed proprietor down to the wages of the peasant and the artisan. Good 77 "God what is this but to say, that the system of “irredeemable paper currency, must continue for 66. ever? What is it but to say, that the debts in curred; and the contracts entered into, under "the old established legal standard of the cur- ❝rency, including the debts and contracts of the "State itself, are now to be lopped and squared "to a new measure, set up originally as a tempo- rary expedient; and that the sacredness of publick faith, and the obligation of legal engagements, are to be conformed to the accidental and fluctu- ating derangement, and not to the antient and "fixed rule, of our currency? * 56 66 { "If this be so, there is indeed no hope that we "shall ever return to our sound and pristine state.- "This objection is of a nature to propagate itself "indefinitely. Every day new contracts must ne- cessarily be made; and every day successively (as it is of the essence of depreciation to go on "increasing in degree) at rates diverging more and "more widely from the real standard from which "we we have departed. Every day, therefore, must interpose additional impediments to a return to "the legal standard. Never did the wildest and "most hostile prophesier of ruin to the finances of this country venture to predict that a time should come, when, by the avowal of Parliament, no- minal amount in paper, without reference to any 66 1 { 78 << "real standard value in gold, would be the pay ment of the publick creditor. But still dess could it ever be apprehended that such a system was to be built on the foundations of equity and right; that it would be considered as unjust to give to the paper creditor the real value of his έσ contracts in gold, but just to compel the creditor "who had trusted in gold, to receive for all time "to come the nominal amount, whatever that "might come to be, of his contract in paper. .. << را " "This proposition appears to me so monstrous, "and shows so plainly to what an extravagant and alarming length we are liable to be hurried, when once we have lost sight of principle and given ourselves up to the guidance of expediency, that I am sure this House ought to lose no time "in pronouncing its opinion as to the maxims by "which, for centuries, the currency of this country "has been preserved in eminent purity and inte- grity; and in declaring its determination to acknowledge no others in the theory of our money system, and to look to a practical return "to that system, not only as advantageous to the "State, but as indispensable to its justice and its "honoury." CC ! | རྒ When I perceive this tone both of sentiment and reasoning preserved vigorously throughout, when y Mr. Canning's Speech, p. 71-73. 79 the speaker never ceases to profess that the prac- tical measure may still be necessary, and therefore he is not prepared to vote against it, but protests earnestly and eloquently, and with a masterly know- ledge of the subject, against the false and fatal grounds on which its advocates defend it, and then mark the reception which this line of conduct met with from both sides of the House, I recognize a melancholy instance of the feeble influence of truth, of reason, or even of eloquence, when un- aided by the co-operation of party. Mr. Canning's support was treated with scorn by the author of the Resolutions against ministry, because he would not adopt the concluding proposition, fixing an abso- lute period of two years for the resumption of cash payments. While on the other hand Mr. Van- sittart indulged in what doubtless appeared to him- self the most biting sarcasms, on the inconsistency of a man who could adopt the theoretical opinions of his adversary, and yet support his own practical measures which he compared to "voting for a "conclusion that contradicts the premises." By the same ingenious process it would appear, that he who votes for the suspension of the Habeas, Corpus Act, must either deny the existence of the constitutional privileges therein declared, or that if he maintains these, he acts inconsistently in con- senting to a suspension of them under any cir- cumstances. f 80 66 But the right honourable gentleman's system of logic, like his finance, sets all precedent at de- fiance. Thus, having wound up his speech in a note of triumph with a sketch of the growing wealth and flourishing condition of the country, he denies that this wealth can be fictitious, because it shews itself in works of improvement, such as three new bridges over the Thames, &c. and to call "these improvements fictitious would be an out- rage to common sense." What faculty is out- raged by this species of deduction I leave you, Sir, and my readers to determine. One would think indeed that solid and useful works, raised upon fictitious capital, must have occasionally met the eyes of every man. While nothing is more 66 certain than that one effect of fictitious wealth is to call forth an active and daring spirit of speculation, growing bolder and bolder from the apparent success of men whose means were as nothing when measured by the old standard, but who by fortunate rashness with their own small capital, or by staking the property confided to them, have risen to sudden opulence. In that new and artificial state of things, it is the shrewd and enter- prising schemer, not the sober dealer, who thrives. Wealth appears to be called into being almost by magic. Cautious and prudential maxims of business are despised as antiquated: and what in other times would be called wild and ruinous speculation, now * 81 2 wears the appearance of energy, intelligence, and spirit. In the mean time industry does certainly receive an impulse, and a sort of new life is breathed into the whole system of society. The mere cir- cumstance of a fall in the value of money creates, as was before observed, a demand for labour- and that labour being really underpaid brings un- usual profit to the employer. Thus it is that farms are improved, roads, bridges, and canals formed, buildings raised, and a general expenditure of capital, however fictitious itself, soon assumes a visible and substantial form. Till the bubble bursts all goes well. All is hope, activity, and cheerfulness. Thus it was with the famous South-sea scheme, the effects of which on society would have been still more melancholy, had the delusion lasted longer. Thus it is in all revolutionary movements supported by a paper circulation: and it would be just as reasonable for a Frenchman to point with exultation to the armies they raised, clothed, and put in motion, or to the public works they planned and completed during that season of general ferment, as for an English minister to produce new bridges and canals, as proofs that the circulating wealth is real and not fictitious. Ce n'est pas l'assignat qui perd, * See p. 24. M 1 ei 82 "c'est l'argent qui gagne, was the language of the ruling party respecting their paper, in the first stages of its depreciation. well our minister caught this about the dearness of gold. We have seen how note in his argument By the help of the same logic, he also proves that if the effects of a paper circulation are solid and visible, the paper- money itself cannot be fictitious. } } : Let him wait till the experiment is fairly over, before he pronounces on its success. Until that re- presentative wealth assumes again the solid form, we have no right to say, whatever its temporary effects may have been, that it really is what it pro- fesses to be. From the obstinate refusal indeed which it shews to reassume this shape, from its abhorrence to obey any of the charms and incan- tations that have been tried to induce it to re-enter the earthy substance, there is good reason to think that the subtle sprite is well aware how much its importance would suffer how greatly its dimen- sions would shrink, and its volatility be impaired by such a change at least it should seem that some more powerful wizard than the present Chancellor of the Exchequer is needed to bring about the metamorphosis. If he has not succeeded in de- ceiving us, how many deceitful promises, how many baffling put-offs and excuses have been prac- ***** 83 tised on him by this coy phantom, who still eludes his grasp > J J Par levibus ventis volucrique simillima somno. 17 零 ​" ; At one time it was the support of our armies on the continent then the foreign subsidies-then the scarcity of corn-then the Berlin and Milan decrees then the inordinate thirst of Buonaparte for gold, and his power of rendering it invisible then the war in the peninsula-then the peace- for the last document which, if I remember right, the successor of Mr. Pitt laid before Parliament to account for the disappearance of specie was a com- parative list of the arrivals of travellers to and from the continent at Dover. Having run the round of all these frivolities, let us hope that sober reason and experience may at length be allowed to resume their station: and that if we cannot fix this visionary wealth into any substance of corresponding bulk and solidity, we shall at least be permitted to ascertain how much of it is shadowy and ideal, and how much of ster- ling worth. This Mr. Vansittart may call if he pleases "tampering with our currencyª,” which is just as if one should call a proposal to terminate the suspension of the Habeas Corpus Act tamper- ing with the constitution. But there is no other 2 Speech on the Bullion Resolutions, p. 197. > M 2 84 è way of satisfying the public mind, or of putting an end to that feverish uncertainty about matters which, for the peace, the happiness, the security, and honour of private life, ought to be most certain. The disclosure will doubtless be distressing to many, but it will be less mischievous than a con- tinuance of the delusion. Most mortifying of all will it be to those, who have mocked us with congra tulations on our increased riches, and who naturally desire to put off the evil day, when the emptiness of their boasting shall be made apparent, and when those whom they have misled will justly reproach them as the authors of their calamity. More espe- cially will the bank proprietor feel the loss, who has indulged longest in this golden dream, fondly ima- gining that it is to last for ever, 16122 Qui nunc te fruitur credulus aureâ, Qui semper vacuam, semper amabilem Sperat, nescius auræ Fallacis. [ ¿ } It cannot indeed be expected but that all funded property will collapse, when no longer dis- tended by this airy medium-but the Bank, which has been the chief absorbent of the profit, which has glutted itself, as it were, with the excessive and unlooked-for, gain, must be content to con- tribute a proportionate share towards the general ار 85 restitution. From the year 1797, when the re- striction commenced, to the present time, the value of its stock has been increased nearly threefold™, The whole of this increase must not be attributed to the restriction itself; but it is impossible not to see that the regular profits of such an institution, incapable as it is of engaging in general trade, and making therefore only lawful interest of its money, and of the Government balances deposited in its hands, can never have amounted to half this sum. In the general correction therefore that must be made, by substituting the metallic for the nominal value of all monied property, whatever amount of that property exists in the form of Bank-paper, the whole difference of these values will be a loss to the Bank. The difference probably is still not less than 15 per cent. causing a defalcation of nearly one seventh on all its present issues. But whatever the defalcation may be, it will not amount to a restitution of their exorbitant gains-it will only be | b In 1797 bank stock was worth 125 per cent. At pre- sent it is 268. But besides this, every hundred pound stock of that time is a hundred and quarter now; the bank having: in 1816 increased their nominal capital in that proportion: 268 い ​so that the increase of bank stock since 1797 is as 268 + to 125, or as 335 to 125, which is nearly as three to one. } 86 a cessation of them for the future and the stock, after this reduction, will still exceed its original value in 1797 in a much larger proportion than ever could have been calculated or even hoped for at that time. • A < The most rational and equitable plan for checking this inordinate growth, and providing a fund för the resumption of cash payments, was that of Mr. Canning in 1811. He proposed, that the then divi- dend of the Bank, which was 10 per cent. should be the inaximuin, and that all future gains during the restriction, beyond this dividend, should be reserved for the purpose of meeting that demand which must one day be made for bullion, if the Bank is ever to fulfil its engagements with the public. This proposal, simple and practicable as it seems, met with no countenance from either party. unde ¥ But the subject of the Bank, of its connexion with the Administration, and its unfortunate in- fluence over it, is one too wide in extent to be dis- cussed at the close of this Letter. It is a subject moreover which is in the hands of one best quali- fied to do it justice: one, whose intrepid perse- verance against the low commercial spite and jealousy he had to contend with, has already saved the country more than the aggregate of all the sinecure places ever existing; and who, if ade- 87 quately supported in the House, will doubtless succeed ultimately in accomplishing his patriotic purpose. That the Bank has, not, abused the discretion vested in them by the Government still more-that their issues have not been so excessive as to pre- clude, like those of America and France, all hope of liquidation, is but slender consolation to a people, whose ministry placed that blind confidence in them which empowered them to do so whose ministry entrusted to a trading company, without check…or controul, an entire command over the whole currency of the country. If the guardian- ship of the public purse be the most. sacred charge of the House of Commons; if, as you, Sir, have recently told us with perfect truth, to watch the slightest encroachment on this constitutional privilege, be the first and most anxious duty of the officer who presides there; what must we think of that careless and wanton surrender of this superintendence, which was involved in the mea- sure of the Bank Restriction, accompanied as it has been all along by a peremptory refusal to impose any restraint upon the Bank, as to the amount of its circulation? It is a conduct justi- fiable only on the ground, not merely that ex- cessive issues had not taken place, but that they never could take place a ground which yet the 88 most devoted advocates of the measure have not ventured to maintain. Whether your opinion coincides with my own on these points or whether you will approve of the considerations here submitted to your judg- ment, upon matters certainly of great national moment of one thing I am confident, that you will not lightly dismiss the subject from your thoughts, nor think amiss of the appeal which is thus made in behalf of some of the dearest interests of so- ciety. You will also, I trust, feel the necessity of re- pairing, in some way or other, the injuries our pub- lic credit and our mercantile character have sus- tained from the unprincipled speculation which a system of finance supported by such doctrines never fails to introduce and more especially of raising our peasantry, if possible, from the lan- guishing and abject condition into which they have gradually fallen-and which the same finan- cial system has rivetted upon them with many aggravations. The station you now occupy, though not digni- fied by office, is a prominent and proud one. Το have been chosen by above fifteen hundred gentle- men of liberal education as their representative in Parliament, without one dissentient voice, and I believe I may add without one dissentient mind in the whole body, is a distinction which confers T 89 no barren honour on its possessor. It must give weight and authority to his opinions: it must ex- tend the sphere of his utility: it must afford grounds of self-confidence and self-respect: at the same time that it cannot fail to reflect back on ourselves some portion of the esteem which belongs to a man "well formed and well placed," who is too independent of party to have his own line of conduct prescribed to him, and who has abilities to direct the efforts of party to the benefit of his country. 7 THE END. N APPENDIX. No. I. Resolutions proposed by Francis Horner, Esq. in a Committee of the whole House of Com- mons, May 6th, 1811; and negatived, May 10th. 1. THAT the only money which can be legally ten- dered in Great Britain, for any sum above twelve-pence in the whole, is made either of Gold or Silver; and that the weight, standard, and denomination, at which any such money is authorized to pass current, is fixed, under His Majesty's prerogative, according to law. 2.-THAT since the forty-third year of the reign of Queen Elizabeth, the indentures of His Majesty's Mint have uniformly directed that all silver used for coin should consist of eleven ounces and two penny-weights of fine silver, and eighteen penny-weights of alloy, in each pound troy, and that the said pound troy should be divided into sixty-two shillings, or into other coins in that proportion. 3.—THAT Since the fifteenth year of the reign of King Charles the Second, the indentures of His Majesty's Mint have uniformly directed, that all gold used for coin should consist of eleven ounces of pure gold, and one ounce of alloy, in each pound troy; and that the said pound troy should be divided and coined into forty- N 2. 922 } ! four guineas and one half-guinea, or into other coins in that proportion, -3 za gladi denda do vagon hitmer w 4THAT by a Proclamation of the fourth year of the reign of King George the First, it was ordered and di-a rected, that guineas and the several other gold coins therein named, should be current at the rates and values: then set upon them; viz. the guinea at the rate of " twenty-one shillings, and other gold coins in the same proportion; thereby establishing, that the gold and silver coins of the realm should be a legal tender in all money payments, and a standard measure for ascertaining the value of all contracts for the payment of money, in the relative, proportion of 155 pounds weight of sterling silver to one pound of sterling gold. 5.--THAT by a statute of the fourteenth year of the reign of His present, Majesty, subsequently revived and made perpetual by a statute of the thirty-ninth year of his reign, it is enacted, that no tender in payment of money made in the silver coin of this realm, of any sum exceeding the sum of 25l. at any one time, shall be re- puted in law, or allowed to be a legal tender, within Great Britain or Ireland, for more than according to its value. by weight, after the rate of 58. 2d. for each ounce of silver. ? * } " い ​a' Bus of 6 THAT by a Proclamation of the sixteenth year the reign of His present Majesty, confirmed by several subsequent Proclamations, it was ordered and directed, that if the weight of any guinea shall be less than five penny-weights and eight grains, such guinea shall cease™ to be a legal tender for the payment of any money within 量 ​Great Britain or Ireland; and so in the same proportion™ for any other gold coin. + prakres red 5 M 7.THAT under these laws (which constitute the established policy of this realm, in regard to money) no contract or undertaking for the payment of money, sti→ » WA " 93 ~ pulated to be paid in pounds sterling, or in good and lawful money of Great Britain, can be legally satisfied! and dischargedy in gold coin, unless the coin tendered shall weigh in the proportion of parts of five penny- weights and eight grains of standard gold for each pound sterling, specified in the said contract; nor in silver coin, for a sum exceeding 257. unless such coin shall weigh in the proportion of of a pound troy of standard silver for each pound sterling specified in the contract. ་ THAT the promissory notes of the Bank of Eng land are stipulations to pay, on demand, the sum in pounds sterling, respectively specified in each of the said notes. ? { 9. THAT when it was enacted by the authority of Parliament, that the payment of the promissory notes of the Bank of England in cash should for a time be suspended, it was not the intention of Parliament that any alteration whatsoever should take place in the value of such promissory notes. Marjala qufo,aro 10THAT it appears, that the actual value of the promissory notes of the Bank of England (measuring such value by weight of standard gold and silver as afore said) has been, for a considerable period of time, and still is, considerably less than what is established by the laws of the realm to be the legal tender in payment of any money contract or stipulation to sapeedis } • 14.THAT the fall which has thus taken place in the value of the promissory notes of the Bank of England?" and in that of the country bank paper which is exchange able for it, has been occasioned by too abundant issue of " paper currency, both by the Bank of England, and by the country banks; and that this excess has originated from the want of that check and controul on the issues of the Bank of England, which existed before the suspen sion of cash payments. 94 12.-THAT it appears, that the exchanges with fo- reign parts have, for a considerable period of time, been unfavourable to this country, in an extraordinary de- gree. LA " 13.—THAT, although the adverse circumstances of our trade, together with the large amount of our mili- tary expenditure abroad, may have contributed to render our exchanges with the continent of Europe unfavour- able; yet the extraordinary degree, in which the ex- changes have been depressed for so long a period, has been, in a great measure, occasioned by the deprecia- tion which has taken place in the relative value of the currency of this country as compared with the money of foreign countries. 10: 8 14-THAT during the continuance of the suspension of cash payments, it is the duty of the Directors of the Bank of England to advert to the state of the foreign ex- changes, as well as to the price of bullion, with a view to regulate the amount of their issues. 15.-THAT the only certain and adequate security to be provided against an excess of paper currency, and for maintaining the relative value of the circulating me- dium of the realm, is the legal convertibility, upon de- mand, of all paper currency into lawful coin of the realm. } 3 · 16.—THAT in order to revert gradually to this security and to enforce meanwhile a due limitation of the paper of the Bank of England as well as of all the other bank paper of the country, it is expedient to amend the Act which suspends the cash payments of the Bank, by al- tering the time till which the suspension shall continue, from six months after the ratification of a definitive treaty of peace, to that of two years from the present time. H 1 95 1 } 1 No. II. Resolutions respecting Money, Bullion, und Exchanges, moved by the Right Hon. N. Vansittart, in a Committee of the whole ... House of Commons, 13th May, and agreed to by the House, 14th and 15th of May, 1811. 1. Resolved, THAT the right of establishing and regulating the legal money of this kingdom hath at all times been a royal prerogative, vested in the Sovereigns thereof, who have, from time to time, exercised the same as they have seen fit, in changing such legal money, or altering and varying the value, and enforcing or restraining the circulation thereof, by Proclamation, or in concurrence with the estates of the realm by Act of Parliament: and that such legal money cannot lawfully be defaced, melted down, or exported. 2. Resolved, THAT the promissory notes of the Governor and Company of the Bank of England are engagements to pay certain sums of money in the legal coin of this kingdom; and that for more than a century past, the said Governor and Company were at all times ready to discharge such promissory notes in legal coin of the realm, until restrained from so doing on the 25th of February 1797, by an Order of Council, confirmed by Act of Parliament. 3. Resolved, THAT the promissory notes of the said Company have hitherto been, and are at this time, held in public 96 1 estimation to be equivalent to the legal coin of the realm, and generally accepted as such in all pecuniary transactions to which such coin is lawfully appli- cable. 4. Resolved, THAT at various periods, as well before as since the said restriction, the exchanges between Great Bri- tain and several other countries have been unfavourable to Great Britain; and that during such periods," the prices of gold and silver bullion, especially of such gold bullion as could be legally exported, have frequently risen above the Mint price: and the coinage of money at the Mint has been either wholly suspended or greatly diminished in amount: and that such circumstances have usually occurred, when expensive naval and mili- tary operations have been carried on abroad; and in times of public danger or alarm; or when large import- ations of grain from foreign parts have taken place. 5. Resolved, THAT such unfavourable changes, and rise in the price of bullion, occurred to a greater or less degree during the wars carried on by King William the Third and Queen Anne; and also during part of the seven years war, and of the American war; and during the war and scarcity of grain in 1795 and 1796, when the difficulty of procuring cash or bullion increased to such a degree, that on the 25th of February, 1797, the Bank of England was restrained from making payments in cash by an Order of Council, confirmed and continued to the present time by divers Acts of Parliament: and the exchanges became still more unfavourable, and the price of bullion higher, during the scarcity which 'pre- vailed for two years previous to the peace of Amiens. 97 3 6. Resolved, THAT the unfavourable state of the exchanges, and the high price of bullion, do not, in any of the in- stances above referred to, appear to have been produced by the restriction upon cash payments at the Bank of England, or by any excess in the issue of Bank-notes ; inasmuch as all the said instances, except the last, oc- curred previously to any restriction on such cash pay- ments; and because, so far as appears by such inform- ation as has been procured, the price of bullion has fre- quently been highest, and the exchanges most unfa- vourable, at periods, when the issues of Bank-notes have been considerably diminished, and they have been after- wards restored to their ordinary rates, although those issues have been increased. ! 7. Resolved, 1 THAT during the period of nearly seventy-eight years, ending with the 1st of January 1796, and pre- vious to the aforesaid restriction, of which period ac- counts are before the House, the price of standard, gold in bars has been at or under the Mint price twenty-eight years and five months; and above the said Mint price forty-eight years and eleven months; and that the price of foreign gold coin has been at or under 37. 18s. per ounce, thirty-six years and seven months, and above the said price thirty-nine years and three months; and that during the remaining intervals no prices are stated. -And that during the same period of seventy-eight years, the price of standard silver appears to have been at or under the Mint price, three years and two months only. 8. Resolved, ་ THAT during the latter part, and for some time 98 after the close of the American war, during the years 1781, 1782, and 1783, the exchange with Hamburgh fell from 34.1. to 31.5, being about eight per cent.; and the price of foreign gold rose from 31. 17s. 6d. to 41. 2s. Sd. per ounce, and the price of dollars from 5s. 44d. per ounce, to 5s. 11d.; and that the Bank- notes in circulation were reduced between March 1782 and December 1782, from 9,260,000l. to 5,995,000l. being a diminution of above one third, and continued (with occasional variations) at such reduced rate until December 1784: and that the exchange with Hamburgh rose to 34.6, and the price of gold fell to 31. 17s. 6d. and dollars to 5s. 1d. per ounce, before the 25th of February 1787, the amount of Bank-notes being then increased to 8,688,000l. 9. Resolved, THAT the amount of Bank-notes in Febru- ary 1787, was was 8,688,000l. and in February 1791, 11,699,000l.; and that during the same period, the sum of 10,704,000l. was coined in gold; and that the ex- change with Hamburgh rose about three per cent. 10. Resolved, THAT the average amount of Bank-notes in the year 1795, was about 11,497,000l.; and on the 25th of February, 1797, was reduced to 8,640,000l. during which time the exchange with Hamburgh fell from 36 to 35, being about three per cent. and the said amount was increased to 11,855,000l. exclusive of 1,542,000l. in notes of one pound and two pounds each, on the 1st of February 1798, during which time the exchange rose to 38.2, being about nine per cent. 99 11. Resolved, ... : THAT the average price of wheat, per quarter, in England, in the year 1798, was 50s. 3d.; in 1799, 67s. 5d.; in 1800, 113s. 7d.; in 1801, 118s. 3d.; and in 1802, 67s. 5d. The amount of Bank-notés, of five pounds and up- wards, was in 1798, 10,920,4007. '' About And under 5l. Making together 1,786,000l. 12,706,400. t in 1799, 12,048,7901. 1,626,1107. 13,674,906/. in 1800, 13,421,9201. 1,831,820l. 15,253,740l. in 1801, 13,454,370l. 2,715,1807. 16,169,550l. in 1802, 13,917,980%. 3,136,470l. 17,054,450l. That the exchange with Hamburgh was, in January 1798, 38.2; January 1799, 37.7; January 1800, 32.; Ja- nuary 1801, 29.8; being in the whole a fall of above 22 per cent.-In January 1802, 32.2; and December 1802, 34.; being in the whole a rise of about thirteen per cent. 12. Resolved, THAT during all the periods above referred to, previous to the commencement of the war with France in 1793, the principal states of Europe preserved their independence, and the trade and correspondence thereof were carried on conformably to the accustomed law of nations; and that although from the time of the inva- sion of Holland by the French in 1795, the trade of Great Britain with the Continent was in part circum- scribed and interrupted, it was carried on freely with several of the most considerable ports, and commercial correspondence was maintained at all times previous to the summer of 1807. o 2 100 13. Resolved, ?. THAT Since the month of November 1806, and especially since the summer of 1807, a system of exclu- sion has been established against the British trade on the continent of Europe, under the influence and terror of the French power, and enforced with a degree of violence and rigour never before attempted; whereby all trade and correspondence between Great Britain and the continent of Europe has (with some occasional excep- tions, chiefly in Sweden and in certain parts of Spain and Portugal) been hazardous, precarious, and expen- sive, the trade being loaded with excessive freights to foreign shipping, and other unusual charges: and that the trade of Great Britain with the United States of America has also been uncertain and interrupted; and that in addition to these circumstances, which have greatly affected the course of payments between this country and other nations, the naval and military ex- penditure of the United Kingdom in foreign parts has for three years past been very great; and the price of grain, owing to a deficiency in the crops, higher than at any time, whereof the accounts appear before Par- liament, except during the scarcity of 1800 and 1801; and that large quantities thereof have been imported. 14. Resolved, THAT the amount of currency necessary for car- rying on the transactions of the country, must bear a proportion to the extent of its trade and its public re- venue and expenditure; and that the annual amount of the exports and imports of Great Britain, on an average of three years, ending 5th of January, 1797, was 48,732,6517. official value; the average amount of re- venue paid into the Exchequer, including monies raised by lottery, 18,759,1657.; and of loans, 18,409,8427. making 101 together 37,169,0071.; and the average amount of the total expenditure of Great Britain, 42,855,111.; and that the average amount of Bank-notes in circulation (all of which were for five pounds, or upwards) was about 10,782,780%.; and that 57,274,6171. had been coined in gold during His Majesty's reign, of which a large sum was then in circulation: That the annual amount of the exports and imports of Great Britain, on an average of three years, ending 5th of January, 1811, supposing the imports from the East Indies and China, in the year ending 5th of Ja- nuary, 1811, to have been equal to their amount in the preceding year, was 77,971,318.; the average amount of revenue paid into the Exchequer, 62,763,7461.; and of loans, 12,673,5487. making together 75,437,2947.; and the average amount of the total expenditure of Great Britain, 82,205,0661.; and that the average amount of Bank-notes, above five pounds, was about 14,265,850l. and of notes under five pounds, about 5,283,3301.; and that the amount of gold coin in circulation was greatly diminished. 15. Resolved, THAT the situation of this kingdom, in respect of its political and commercial relations with foreign countries, as above stated, is sufficient, without any change in the internal value of its currency, to account for the unfavourable state of the foreign exchanges, and for the high price of bullion. 16. Resolved, 1 THAT it is highly important that the restriction on the payments in cash of the Bank of England, should be removed, whenever the political and commercial re- 102 lations of the country shall render it compatible with the public interest. 17. Resolved, THAT under the circumstances affecting the pa litical and commercial relations of this kingdom with foreign countries, it would be highly inexpedient and dangerous;. now to fix a definite period for the removal of the restriction of cash payments at the Bank of Eng land, prior to the term already fixed by the Act 44 Geo. III. c. 1. of six months after the conclusion of a definitive treaty of peace. f THE END. BAXTER, PRINTER, OXFORDI 1 } 1 ト ​! t SIR, TO JOHN BÚll. No. 1. If a "provincial currency" be a "solid" one, how can it be otherwise than unquestionable ?" Did the Bank of England establish branch banks for the purpose of opposing the country bankers, and of their own accord, or were: they forced into it by his Majesty's Ministers ! · 66 Did the Bank of England encourage speculation, overtrading, and unnatural issues" in 1823-24 and 25, (the average amount of their notes in circulation in those years being £20,170,713) or did the country bankers (the amount of their notes stamped in 1823 being, £4,479,448, in 1824, £6,724,069, and in 1825, £8,755,309) ? Did the Bank of England "guide their operations solely by the legitimate wants of the country, and the prudence and solidity of the parties with whom they deal," in the years 1823-24-25, or did the country bankers? The former stood the panic and increased their issues one-third during the time of the same, a large number of the latter failed, and those who stood the run cried out most wofully at the sacrifices they were obliged to make in order to pay their notes; it can hardly be said that these latter increased their issues in order to alleviate the difficulty. I No. 2. Whenever an assertion is made, it is not enough to say,. "Facts to prove this might be multiplied without number;" bat it. is necessary to name two of these said facts, at the least. $ The advances which the Bank of England had made to the Go-: venment, &c.&c. at the period of the panic did not hinder them from. accommodating the public, as appears by it sissues at that time, and which accommodation has shewn itself to have been sufficient, to wit,- the abundance of mouey ever since. The amount of country bank notes stamped in 1826 was £1,497,872!!! The ordinary issues" of the bank were not increased by "" "loans to Government, their and by their "injudicious. advances on mortgage," because, if they had not lent to Govern ment and to individuals, the money would have found its way out in the discounts of bills of exchange. At the beginning of the panic the amount of Bank of England notes in circulation, was £17,477.294 (can this be called exceeding its ordinary issues ?), and at its height, the amount was £25,709,425. No. 3. How is it possible to say, to a certainty, that since the period of the panic, "not less than two or three millions sterling. heretofore lodged in the hands of the private bankers, have been transferred to the coffers of the Bank of England;" and how can the Bank of England alone have profited by the unjust and unfounded clamours raised against their opponents," when they continued the same rate of discounts (viz. 5 per Cent.) till July last,, other persons having been glad to discount at 4, 3, and even 2 per Cent., ever since the panic? No. 4. There is now, and has been for some time, more money in circulation than can be profitably employed; consequently, how cart the following be true:The loss of this floating capital (£2,000,000) to the bankers and to the public, who profited by it whilst in their hands." Again, let me ask, after the Bank of England had consent- cd to establish Branch Banks, could any one, in his senses, suppose that its Directors would establish them in all towns, except princi- pal ones, and merely for the show of the thing? No, no; having, been urged to the measure, its Directors said (no doubt), as all sensible men would say, 66 we must endeavour to make these branches profitable to our proprietary, and this cannot be done by leaving out the principal towns." Having established branch banks, who is to say "you shall not pay the public dividend at them ?" Powers of Attorney must be granted by the individuals holding stock to some of the establish- ment in London, just the same as if a London banker received and remitted them. The ultimate intentions "of the Bank of England" seem to be, the establishment of a circulating medium free from danger and excessive fluctuations. It seems truly surprising that the " eyes of the banking interest" were not "opened to the danger of their situation" at the time of the " speculation mania." These considerations prevent me from diving into paragraph five of this silly prospectus. Your obedient, humble Servant, Nov, 16th, 1827. A BANK OF ENGLAND NOTE ADMIRER. } TATE OF THE CURRENCY. - CHAMBER of COM- MERCE and MANUFACTURES, Manchester, 23d. February, 1826. A PETITION to the HOUSE of COM. MONS, from the Members of this Chamber, was sent up on Tuesday last, of which the following is a copy. To the Honourable the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled. The humble Petition of the President, Vice-President, Directors, and other Members of the Manchester Chain-. ber of Commerce and Manufactures, Humbly sheweth, That from the period of passing the Bank Restriction Act, in 1797, to the present time, local notes have never been issued in Manchester. That such an issue was intended by the Manchester banks in the year 1821, but was promptly and unanimously resisted by the inha- bitants; and a reference to the resolutions adopted and published on that occasion will shew how clearly they foresaw the evils to which a local small-note curreney is incident, and how strongly impressed they were with its overwhelming consequences in seasons of difficulty and alarm. That subsequent experience has forcibly confirmed to your Peti- tioners the truth of the opinions then declared. They consider it to be the inevitable tendency of such a currency, in ordinary times, to advance prices-to encourage overtrading-to raise up rash adven- turers in business-and to give a shew of factitious and fallacious prosperity to the community, until, by the recurrence of a period of commercial or financial embarrassment, the scene suddenly changes -anxiety and distrust prevail-prices fall to a point of depression, as unnatural as their previous elevation an enormous loss of property ensues, banks fail, and ruin overtakes, not only the authors of the improvident issues, and those who have been dependant on them for support, but multitudes of steady and industrious trades- men, wholly innocent of the causes which occasion the calamity, are swept down in the wreck. That, in the opinion of your Petitioners, a metallic currency affords comparative stability to prices-checks the fluctuations of the exchanges gives security to the earnings of the working classes -and, in unfavourable seasons, forms an important reserve for the purchase of provisions from abroad; thus, in these various ways, affording abundant compensation for the alleged loss of interest occasioned by its use. That, strongly impressed with the truth of these sentiments, forced as they have been on their notice by the events of the last two months, and by the contrast between the comparative confidence and quiet experienced in this district, and the fear and suffering which have prevailed elsewhere, your Petitioners sincerely rejoice in the resolution of your honourable House, in favour of a metallic currency throughout the Country. That your Petitioners have ever considered the Bank of England monopoly, which prevents the establishment of any other bank with more than six partners, as injurious to the pecuniary transactions of the Country, and they rejoice to find that this monopoly is likely now to cease. 多 ​That your Petitioners would also represent to your honourable House, that the high stamp-duties at present imposed on bills of exchange for small amounts, have almost entirely prevented their use, of late years, in this district,-that they formed a secure and most convenient currency for payments of small amount,-and that Bank of England notes, of five pounds value and upwards, now used here in their stead, are attended with many disadvantages,- that such a réduction in the stamps as would allow of the renewed use of such bills of exchange would be very beneficial, and would be particularly advantageous at the present moment, when the want of a currency for small amounts is much felt. Your Petitioners therefore humbly pray for the general introduction of a metallic currency, for the abolition of the bank monopoly, as regards the number of part- ners in other banks, and for a reduction in the stamp duties on small bills of exchange. And, as in duty bound, they will ever prav. G. E. AUBREY, Secretary. secure as the very nature of commercial communities allows, against the two great evils which are incident to the use of money,-fluctuations in prices resulting from violent alterations in the quantity of the circulating 1 medium, and the insolvency of the money-dealers. But the condition of a country having a paper currency convertible into coin or bullion is far different. There, the bankers are not only the lenders of money, but the creators of it. They may possess borrowed capital; they may have capital of their own; they may have neither. If their affairs are not conducted with the utmost possible publicity-which never happens- no one has any means of judging whether the paper money which they make and issue exceeds or falls short of their means of paying it in real value. With a metallic currency, the capital, from whatever source it comes, is palpable and indestructible. The failure of a banker is ruinous only to himself and to those who have lent him what he is unable to repay. But with a paper currency, the capital is hidden; the money, which is taken on the faith of its existence, may have nothing to repre- sent it; and, what is worse, it may prove valueless in the hands of those who were no way concerned in the original creation." A SECOND LETTER TO THE RIGHT HON. ROBERT PEEL, M. P. FOR THE UNIVERSITY OF OXFORD, ON THE CAUSES OF THE INCREASE OF PAUPERISM, AND ON THE POOR LAWS. By BY ONE OF HIS CONSTITUENTS. Camera Copleston DD. Bishop of hCandage It is one of the finest problems in legislation, "What the State ought to take upon itself to direct by the public wisdom, and what it ought to "leave with as little interference as possible to individual discretion." BURKE. OXFORD, PRINTED FOR JOHN MURRAY, ALBEMARLE-STREET, LONDON. 1819. BAXTER, FRINTER, OXFORD. A SECOND LETTER, &c. SIR, IT was my object in a former Letter, which I took the liberty of inscribing with your name, to establish the following points-that a rapid depreciation of money naturally introduces disorder and embarrassment into all the depart- ments of life-that from the long and universal habit of regarding money as a fixed standard, it is the last thing men are brought to think is variable, and that they are prone to account for the change of prices in every other way-that the pressure aris- ing from this confusion bears heaviest upon the lower classes-that in the gradual correction which follows, they are the last to regain their relative position, and during the interval suffer severely from an unacknowledged and unperceived cause- and that it was this cause chiefly (a cause not to be ascribed to Government, nor capable of being B 2 controlled by it) which led to the institution of Poor Laws in the reign of Queen Elizabeth, and in a great measure to the vast extension of that mode of support in our own times. It was a natural consequence from these po- sitions, supposing them to be well established, that any artificial depreciation is a most impolitic and unjust measure-and if at all times unjust and op- pressive, then more especially so, when the na- tural cause of depreciation is still operating in full force, and not yet perhaps arrived at its utmost limit. For it can hardly be doubted that the use of paper in commerce, the advantages of which in this country have been so thoroughly proved, must gradually pervade all civilized countries, and must proportionably lower the value of the precious metals; since the demand created by the increase of mankind and the extension of commerce will probably not balance both the increased supply of those metals, when improved machinery shall be applied to the mines, and the diminished demand for them, when the world at large shall have adopted that substitute, which, under the rule of convertibility into specie, is equally efficacious with the metals themselves, and much more con- venient. L In following up this argument, it was necessary to examine with freedom the grounds upon which 3 that financial system is defended, from whence so great an aggravation of these evils appeared to pro- ceed. It was first introduced as a temporary ex- pedient an acknowledged departure from sound practice, but rendered necessary by the occasion. Having been long acquiesced in upon this prin- ciple, at length its pernicious effects became ma- nifest and alarming. It was then that a new ad- vocate appeared, adopting new grounds of defence grounds subversive of all that had heretofore been deemed most authentic in political economy, con- taining no slight attack upon our constitutional rights, and leaving interests that hitherto had been held most sacred in law to the mercy of Govern- ment, or rather of monied men, on whom the ad- ministration had now confessedly made itself de- pendent for pecuniary resources. There was another feature in this anomalous case which is not unworthy of notice. Men who are engaged in action must sometimes accommo- date themselves to the imperfection of the ma- terials they employ. When persuasion is neces- sary to carry their purpose, they must use argu- ments, not the soundest always, but those which are most likely to prevail with the people they ad- dress. If men will not be guided by their reason to the right road, they must either be led by their B 2 4 ! + prejudices, or tempted by their inclinations. An Athenian orator once told his countrymen that truth had ceased to influence them, and it was be- come necessary to entrap them into their real in- terests. In such a state of moral or intellectual corruption, one makes allowance for the difficul-.. ties in which statesmen find themselves placed. But there is nothing in the case we are consider- ing, nothing either at the time or since, which leads to the excuse here imagined. It was not the minister who made this defence. It was a per- son wholly unconnected with the Administration. Mr. Vansittart urges indeed this very circum- stance, towards the conclusion of his speech, as giving him a more than ordinary claim to the con- fidence of the House. His situation then did not impose upon him the upon false principles. It must have been con- viction and nothing else for I speak with the ut- most sincerity when I say, that his character is far above the suspicion of making a compromise with truth, with a view to the attainment of office, or of any earthly advantage.. I will add too, with equal sincerity, that an established character for private worth and integrity must in my opinion have con- tributed largely to the success of his argument and that nothing but this-not even the flattering irksome duty of arguing 5 ease and security which such doctrines communi- cate could have so far disarmed the judgment of his hearers, as to procure their assent to the rea- soning analyzed in my first Letter. } After the lamented death of Mr. Perceval, these doctrines seem to have secured his office to Mr. Vansittart. And here it is that the humiliation becomes truly mortifying. That such reasoning and such opinions (not extorted by his embarrass- ments, but gratuitously offered) should have been the road to the highest employments-that the management of the whole financial concerns of the country should have been obtained by the denial of every fundamental principle in the science of political economy, is certainly an event that one was hardly prepared for in the present age, and which ought to lower the pride of those who are wont to exult in the progress and advancement of human reason. The documents on which this opinion rests are in possession of the public. His speeches on the Bullion question were his pretensions to the appointment. Let these cre- dentials be examined, without prejudice and with- out partiality. Undoubtedly it holds good of a departure from right reason, as well as from moral rectitude, that the original position cannot be regained at once. A single false step often draws a train of evil conse- 6 quences after it; and the process of amendment is perhaps always slow in proportion to the inveteracy of the disease. But the first thing towards re- covery is to perceive that we are in the wrong: the next, to put ourselves into hands different from those who have brought on or who have mistaken the malady. Of the evils of this tem- porary depreciation, people seem now to be con- vinced but can we expect they will ever be cured by those who deny the fact? • There was nothing, I believe, in my last Letter which implied a belief that cash-payments could instantly be resumed. On the contrary, I am pre- pared to expect that the voice of all parties will pronounce that to be impossible. But let us at least know that they, on whose skill and manage- ment we rely, are aware of the dangers we are in- that they do not dispute that we have lost our reckoning, and are out of the right course. If the vessel is got among shoals and currents, undoubt- edly we must not hope to recover the track by the same rules of navigation which are practised in the wide ocean: yet who can bear to entrust her safety to the same pilot, whose obstinacy has entangled us in the difficulties; and who has all along chosen to regulate his course, not by the sun and the stars and the immutable laws of nature, but by objects fleeting and variable, which move as he moves, 7 } : and by the advice of those whose interest it is to keep him involved in these perplexities? The main obstacle in our way is understood to be the diminution of the circulating medium, which must follow if a metallic currency were im- mediately restored. Prices of all commodities will of course fall, and a reaction take place upon all those interests which have been improved by the de- preciated currency. For instance, all subsisting con- tracts for future payment, instead of being advan- tageous as heretofore, will be found detrimental to the payer-goods will be sold at a less price than they cost, and debts will be found heavier than they were when first incurred-people will fancy their income lessened, and will for a time contract their expenditure-trade will be cramped-the revenue abridged-and more than all, agriculture checked, and the demand for country labour of course di- minished. It is this part of the subject which is more immediately connected with my present en- quiry, and towards which my attention will soon be principally directed. For if the profits of the farmer fall, of course the demand for labour will be less, and that indigence which throws men upon the parish for support, will be considerably en- creased. I state it now, to guard against any prejudice in the minds of my readers, as if I was + 83 १ not aware of the consequences involved in this measure. But the fact is demonstrable.. cart In proportion as the demand for provision rises, it is known that worse and worse land is brought into cultivation. The worse the land, the more labour does it require to cultivate it. When therefore prices fall, the worst land, or that which yields little or no rent, and which employs most labour, will be the first to go out of cultivation- and thus the demand for labour will be lessened in a greater ratio even than the amount of pro- duce. And this very evil which we complain of, namely, pauperism arising from a want of em- ployment, must be increased accordingly. J Admitting this to be the natural consequence of an abrupt restoration of a sound currency, it cer- tainly should lead us to think how the evil may be. mitigated but the cure must not be suspended because of the pain it gives. The correction must come sooner or later-but there is a fallacy in supposing that by merely deferring to set about it, we make it more gradual. All that has hitherto been, done has had no tendency towards correction. We are not a bit farther from the danger, or nearer to a remedy, than we were five years ago. We have been deluded with a repetition of the same stale pretence that the Restriction is con- веро 9 The next Session comes, and then "more last words." But what single step has been taken to prepare for the change? What causes now in action which impede the measure are more likely to cease next year than this? What attempt has been made or is making to remove or to obviate these causes ? If our ministers, feeling themselves on the brink of a precipice that must be passed, are afraid to make the leap, they ought at least to be employed in contriving the means of descent, and breaking the fall when it comes. Mere procrastination does nothing. tinued now positively for the last time. One measure indeed has been adopted-the Corn Bill-which is defensible only on this ground. A sudden fall of price in this article would certainly have the effect of depressing agriculture, and of throwing a multitude of labourers out of employ- ment. It is prudent therefore, on all accounts, to interpose some check against too violent a transi- tion, by keeping off foreign competitors for a time. But it should be regarded only as a set-off against the advantage enjoyed by the commercial interest. If the paper-currency is retained to fa- vour them, (and that is the only intelligible ground of the measure,) lest too hasty a contraction should embarrass their dealings, it follows as a corollary; that some artificial stay must be applied to pre- C 10 serve the agricultural interest also at a correspond- ing level. But this it must be remembered is an unnatural state of things. It extends to all the classes and all the interests of life. Our main ob- A ject should be not to sustain them all or any of them at this level, (for descend they must sooner or later,) but to contrive that they shall all descend as equably as possible, preserving their mutual re- lations, as far as human art can effect it, undis- turbed. The experiment, I grant, is a nice one, and it requires the truest eye as well as the firmest hand to conduct it properly ª. a The similarity between our present situation and that of the country in 1698, when Davenant wrote his Treatise on the Revenues and Trade of England, (excepting that the abundant paper currency of which he speaks, p. 38. as hav- ing supported them during the war, was voluntary,) is so remarkable, that I have thought an extract from that intel- ligent work would not be unacceptable or useless. "Now the peace is concluded, the call from abroad for all "´our commodities, which has hitherto held up their price, "perhaps may cease; and if this should happen (as there is "reason to think it will) things of our own growth must im- "mediately sink in value, unless money can be made to circulate in the country: for gold and silver being the measure of trade, all things are dear or cheap, as that sort of wealth is wanted or abounding. And in all countries of "the world, where money is rare and scarce, the product of "the earth is cheap; as for instance, in Scotland, Ireland, "the Northern kingdoms, Germany, and most parts of Asia " and America. 11 7 In the discussions that have hitherto been pub- lished, I discover no symptom whatever on the part of ministers, that they recognize this to be the real problem before them. They talk of the present prices as if they were to last for everb; and upon this basis they build the most flattering anticipations of future prosperity. The patient is plethoric and bloated, and yet they reckon upon continuance of health, without reducing the system. At the same time they yield to the representations "Now if the product of the land should sink in its value, it must naturally ensue, that the rents of England, and "price of land will fall in the same proportion. For the YOU 2 great stock that was subsisting in credit, and the great sum "of money that circulated about the kingdom, did chiefly "fix so high a price upon land, and all its produce; and if peace should diminish this price (as perhaps it will) land "and its rents will hardly recover their former value, till money can be made to circulate, and till credit is revived. "And if there should be a want of specie, and of credit, the taxes cannot answer, and there must be a decrease in all "the King's revenues.” p. 52. 3 It was at this crisis of embarrassment that Mr. Lowndes, in his report to the Lords of the Treasury, recommended a debasement of the coinage to the amount of 20 per cent. by coining 77s. 6d. out of the pound of silver instead of 62—a fraud which was only prevented by the superior authority and sense of justice of Mr. Locke. See Lord Castlereagh's speech on the Finances of the Country, Feb. 8, 1819. ດ • 12 of the Bankers, that if cash-payments are resumed, they must be ruined. But why must they be, ruined? For the same reason that every man who has pledged himself to payments beyond his means must be ruined. The demand for time is just that: which all men make whose affairs are embarrassed. To press them for payment now must ruin them. To put off the season of payment at least prolongs their existence, and may restore them. In futurity there is always possible good-always the chapter of accidents, for hope to rest on. But not the slightest evidence is offered to convince us that their means will be more ample in future than they are at present. The whole fabric rests on the continuance of existing prices-that is, on the continuance of a depreciated currency-and the whole therefore is delusive, unless we are prepared to make that currency perpetual. 1 The Bank of England, it seems, have lately con- tracted their issues-but to answer the demands of the market in the present state of the currency, other banks will increase theirs. To keep up the present prices, as one draws in, the other will shoot out. Being secure against the only true test of their soundness, and their profits depending upon the amount of their issues, can it be imagined that they will ever of their own accord contract those issues, in order to hasten on the day which is to 13 probe their secrets, and to put an end to their gainful traffic? The Chancellor of the Exchequer indeed is in the habit of following the advice of mercantile men as the best that can be had upon points in which their own profits are deeply in- volved it is not to be wondered at therefore, that he regards the wishes of bankers as decisive of the policy to be observed in regulating the currency. But I address my reasoning to those who think that the party whose interest is embarked on one şide of a question, is the last to be referred to as a fit judge of its merits ©. The anxiety I feel, lest permanent legislative measures should be attempted in this transitory state of the currency, has led me to say much more on the subject of the paper depreciation than I had originally intended. Notice has been given of a bill to alter the law respecting usury. But surely no measure of the kind will be allowed to The following is the remark of a man very conversant with the world, as well as with the principles of finance. There is hardly a society of merchants, that would not "have it thought the whole prosperity of the kingdom de "pends upon their single traffick. So that at any time, હું when they come to be consulted, their answers are dark "and partial; and when they deliberate themselves in as- semblies, 'tis generally with a bias, and a secret eye to their " own advantage." Davenant on the Revenues and Trade of England, p. 30. 14 pašs, until we have first cleared away this mon- strous anomaly. Our reckoning at present is all untrue. Let it not be made the basis of farther calculations. Let us not regulate our course by a time-piece confessedly out of order. How to rec- tify errors interwoven with so many civil interests, undoubtedly requires careful thought and accurate science, and much political firmness. Í fear it cannot be done without severe distress to many. If restitution is to be made, somebody must pay. It is often necessary to throw part of the cargo over to save the whole vessel. But so it is with all similar aberrations. The first year in the re- formation of the Calendar was emphatically called "the year of confusion.” More especially do I deprecate any definitive regulations on the subject of the poor, while this uncertainty continues upon a point essentially con- nected with that question: for the local and tem- porary depreciation we have been just considering must, according to my view of the case, be first got rid of, before we can venture upon any general revision of the code against which so loud a cla- mour has been lately raised. To the considera- tion of that important question I now proceed: conscious indeed of the difficulty it involves, and of the small claim I can have to attention after so many minds have been exercised upon it. But 15 thinking, as I do, that a sort of groundless panick has been raised, and that much of what arises from temporary causes-causes not hitherto drawn into the discussion-has been attributed to the radical and essential nature of the Poor Laws themselves I am not without a hope, that the attempt may prove beneficial and am at least confident, that it will not be disapproved by the candid and en- lightened persons to whose judgment it is sub- mitted. ( : AMONG the many important aids which a writer on this subject now possesses, and of the ad- vantage of which I am very sensible, the first in point of authority is the Report of the Select Com- mittee in 1817; a publication which has tended greatly to open the eyes of the public to the true principles on which any reformation of the system ought to be conducted. The other works to which I am most indebted are Mr. Bicheno's Inquiry into the Nature of Benevolence, and Mr. Davison's and Mr. Courtenay's treatises on the Poor Laws, always however acknowledging as the great storehouse of information on this subject, Sir Frederick Eden's State of the Poor," and Mr. Malthus's Essay on Population as an original well-head of political 16 truth, from which succeeding writers have drawn, and will continue to draw- A quo, ceu fonte perenni, Vatum Pieriis ora rigantur aquis. Still the view I have taken, though it coincides with much of what all these writers have advanced, especially with Mr. Courtenay's argument, yet dif- fers also in some respects from all-and having paid this tribute of respect most sincerely to their opinions, I trust I shall be allowed to dissent freely from them wherever the course of the discussion leads me, without any particular mention, and without being supposed to think lightly of their authority. Part of the difficulty and intricacy generally complained of seems to arise from not sufficiently distinguishing between the objections against the principle and those against the practice of our laws. Accordingly I have thought it best to ob- serve the following method, and to inquire, I. What Government can do towards the relief of the poor. II. What our own Government has done. III. What under existing circumstances ought to be done. 17 The first question, involving as it does the deepest principles of political philosophy as well as of political economy, may well be supposed to have been imperfectly understood in the age which gave birth to our system of Poor Laws; and to have received so much additional light from the improved science of modern times, as to se- cure us from many of the errors into which our ancestors had fallen. A strict inquiry however into the fact will, I believe, lead to a conclusion directly opposite. If the true office and province of legislation has been at all misunderstood in the formation of this system, which I think may easily be made to appear, the error has undoubtedly been progressive, and has grown to an excess in our own times, far beyond its original dimen- sions: J The fundamental mistake to which I allude is the confusion of moral duty with the task of legis- lation. That what all individuals ought to do, it is the business of the laws to make them do, is a plausible position, and has actually been adopted by some of the ablest and most virtuous men. But nothing in reality is more fallacious- nothing less congruous with the nature of man, and with that state of discipline and trial which his present existence is clearly designed to be. In the first place, it destroys the very essence D 1 * 18 not only of benevolence, but of all virtue, to make it compulsory: or to speak more properly it is a contradiction in terms. An action to be virtuous must be voluntary. It requires a living and a free agent to give it birth. If we attempt to transplant it from our own bosoms to the laws, it withers and dies. It cannot inhabit an inert and inanimate mass-and the fabled attempt of Pro- metheus to breathe life into his lump of clay was not more presumptuous, than the endeavour to in- spire a code of laws with that principle which by its very essence is inherent in a moral and ac- countable being. The error is fostered by the promiscuous appli- cation of words to individuals and to the laws, which in their proper signification belong to the former only. We talk of mild, of merciful, of benevolent, of humane laws. The professed object of such laws is to do what mild and merciful and benevolent men are disposed to do. But even supposing them capable of effecting this, a point which will presently be discussed, yet the humanity is lost as soon as the act proceeds from a dead letter, not from the spontaneous im- pulse of any individual. And in fact this endea- vour to invest the laws with the office of humanity, inconsistent and impracticable as it is when at- tempted from the purest motive, does in reality 19 often originate from an imperfect sense of moral obligation, and a low degree of benevolence in men themselves. Absurd as the thought is when expressed in words, man would be virtuous, be humane, be charitable by proxy. This however not only the divine purpose and the declared end of our being, but common sense itself forbids. To throw off the care of want, and disease, and misery upon the magistrate, is to convert huma- nity into police, and religion into a statute-book. We are often betrayed too into this mistake, by the obvious inhumanity of some laws, and by the endeavours of virtuous men to reform them, which endeavours we properly regard as proofs of their humanity. When a law is cruel, or unjust, or op- pressive, the most humane persons are the first to attempt an alteration. But the utmost they can do is, to mitigate the law. The relaxation is humane, but the law which remains cannot be so. For instance, the law of debtor and creditor is per- haps too severe--the difficulty is, how to relax it without defeating the end of all law, prohibition of injustice-but relax it as we will, the positive enact- ment after all, whatever it is, must necessarily be a coercive measure. Another cause of this prevalent error lies in the visionary speculations of many of the ancient heathen writers on the subject of political philo- D 2 20 sophy speculations imbibed early in life, and cherished with a kind of veneration by men of classical learning, who have not been suffi- ciently careful to correct these early theories by the light of revealed religion, and the improvements of modern science. Let us hear the opinion of one of the most powerful and original thinkers our own country has produced upon the defects of these writers. "I have often wondered," says Bishop War- burton, "what it was that could lead the reformers "of laws from fact, and universal practice, in so ર fundamental a point. But without doubt it was "this. The design of such sort of writings is to give a perfect pattern of civil government; and "to supply the fancied defects in real societies. The end of government coming first under con- "sideration; and the general practice of society -66 66 seeming to declare this end to be only (what in "truth it is) security to our temporal liberty and "property, the simplicity of the plan displeased, "and appeared defective. They imagined, that 66 by enlarging the bottom they should ennoble. "the structure: and therefore formed a romantic 66 project of making civil society serve for all the "good purposes it was even accidentally capable "of producing. And thus, instead of giving us "a true picture of government, they jumbled to- 21 "gether all sorts of societies into one; and con- "founded the religious, the literary, the mercan- * tile, the convivial, with the civil. Whoever "reads them carefully, if indeed they be worth "reading carefully, will find that the errors, in "which they abound, are all of this nature, and "arise from this source from the losing, or "never having had, a true idea of the simple plan ❝ of civil government "." 1 Laws then, it should seem, have little of direct influence towards effecting either the improvement or the happiness of man. They prohibit him from injury, and they protect him from it. Active virtue, generosity, benevolence, forgiveness, hospi- tality, piety, all that constitutes the charm, the beauty, the dignity of life-all that can develope the best part of man's nature, or that can hope to be acceptable in the sight of his Maker, must be derived from another source. And more especially it may be said, what the poet has applied most so- phistically to another purpose, that the virtue of charity At sight of human ties Spreads its light wings and in a moment flies. What is thus proved to be true theoretically, and by a kind of a priori argument, Mr. Malthus has b Alliance between Church and State, b. i. c. 3. ZZ shewn to be deducible from the actual constitution of things. And in this lies the great merit and the everlasting value of his work. It was natural indeed to think that all truth would be harmonious and consistent-that the universe was not con- structed upon a plan so preposterous, as to tempt to the execution of that which is abhorrent to the very nature and end of our being. It is the high distinction of the Essay on Population to have de- monstrated, that such is the fact that all endea- vours to embody benevolence into law, and thus impiously as it were to effect by human laws what the Author of the system of nature has not ef fected by his laws, must be abortive-that this ig- norant struggle against evil really enlarges instead of contracting the kingdom of evil that it not only must fail, but that it involves great mischief both during the attempt and in its consequences. The obloquy which has been directed against the author arose not merely from the shallow views and prejudices of his opponents, (to say nothing of the more malignant motives of some adversaries,) but partly also from the order in which this dis- covery was presented to the minds of men. That such was the constitution of things he seemed to have proved. But then it appeared to militate against some of the most sacred truths-as the goodness of God, and the duty of benevolence in 23 He man. He was driven therefore by his assailants, to reconcile the system with those truths. has accomplished this purpose completely but during the interval, the vulgar prejudice struck root and took a rank growth, which it will yet perhaps In require some time and industry to subdue. the mean time however. he has let in a ray of light upon all kindred speculations, which so- phistry and prejudice will never again be able to exclude from the world. And further, as it is of the nature of one happy thought to elicit others, so has he found in a contemporary writer not only an advocate, but an able and ingenious expositor of the whole system-one who has beautifully developed the high moral and reli- gious blessings which lay involved in this germ, and has dissipated that gloom which in the eyes of many candid persons still seemed to hang over the discovery. Instead of a lurid Tartarus, he has opened to our view those bright regions of virtuous activity and religious hope, to which truth, and truth only, can ever lead us. But I must be- ware how I yield to the attractions of this capti- vating theme. To have said less of one to whom the world owes so much and whom it has requited so ill, would not have accorded with my own feel- 2 C • See Sumner's Records of the Creation, vol. 2. 24 ings-and what has been said is perhaps the more excuseable, because I shall have occasion in the course of this inquiry to combat some part of his reasoning, as it is connected with our own Poor Laws. Before I quit this branch of the subject, however, let me appeal to the experience of those who have taken an active part in the formation and manage- ment of charitable associations, in proof of the prin- ciple above maintained—that charity and law have scarcely a single point of contact. They are of he- terogeneous origin: and as far as they enter into the compound of any system, they draw opposite ways. Such at least is the fruit of my own experience. In proportion as these institutions assume a settled, an organized, and a permanent character, in the same degree precisely does the administration of them become more a matter of police than of humanity. In the same degree does the application to them approach to the nature of a claim, and the execu- tion of them require sagacity in detecting impos- ture, and firmness in repelling the expectations even of real want. And with whatever feelings of ardent benevolence and sanguine hope of relieving distress persons may have engaged in them, the due fulfil- ment of the office of administrator of such funds is found to involve a continual suppression, not an in- dulgence of the feelings of humanity. I say this 25 not with a view to disparage such institutions, for they are often called for by local and temporary circumstances, and as such, especially when su- perintended with calm discretion, have done the greatest good-much less to detract from the merit of those excellent men who have formed and conducted them-but to illustrate by a familiar example the truth of that principle which, in its abstract form, seldom meets the observation of men, that charity cannot be the basis of a perma- nent legislative measure. For these very institu- tions themselves, useful as they are and even necessary upon occasion, in proportion to their permanency and systematic execution, have a ten- dency to defeat their own purpose. Another lesson also this example may serve to teach us the folly and injustice of that obloquy which is commonly associated with the name of Overseer. The office is essentially one not of charity, but of prudence. It is to be exercised undoubtedly in a manner consistent with hu- manity-but its proper business is to see that the provisions of the law are carried into effect. There is a querulous sensibility, fostered by sombre de- scriptions, in verse and prose, of Workhouses and Village Poor, which tends only to breed dis- content, and to propagate the most erroneous notions of the duty of Government, and the de- E 26 } fects of civil institutions. When we hear these doctrines from the mouths of seditious dema- gogues, we feel only indignation and disgust: but the offence against reason is really as flagrant, though not so alarming, when these false opinions are insinuated, by means of the heart, into the weaker intellects of persons unaccustomed to deep reflection, not with a view to awaken active bene- volence, but to make them repine at the evils inci- dent to social life. How best to remedy those mischiefs which our own Poor Laws have been supposed to create, will properly become the subject of the Third part of this inquiry. But it belongs to the part now in hand to state, with what limitation I conceive the principle of separating humanity from law must be taken. And for this purpose I will premise the objection which is collected from the argument of Mr. Malthus against the laws as they now are, and which it is my intention in some degree to combat. The objection is, that by holding out a promise of food and employment to all that may be born, we profess what it is impossible in the nature of things to perform-and that as far as this promise operates, it obstructs the natural check which would otherwise preserve the balance of popula- tion that we do therefore force population arti- 27 ficially, and crowd life with greater numbers than can be adequately provided for. Now the force of this objection lies wholly in the phrase promise of food and employment. And it is material therefore to inquire, first, whe- ther the language of our Poor Laws really amounts to this—and, secondly, whether some relief for the poor may not permanently be provided by law, which shall not amount to an encouragement to population. Some writers, I observe, are not content with the simple phrase food and employment, but in their zeal against what they conceive to be a vicious system, describe the parish relief as a support, a means of obtaining the gratification of his natural wants without any exertion on his part. Mr. Malthus, I think, occasionally uses language almost amounting to this-and certainly the common strain of declamation, caused perhaps by the actual practice at this moment in many places, assumes that the pauper is to be as well off as the independent labourer. But whatever the fact may be in some districts, arising from sudden pressure and mistaken execution of the laws, the description as applied to the ancient and established system of our Poor Laws is overcharged. And as d Bicheno, chap. ii. p. 131. E 2 28 far as we may collect from the history of a century and half, the laws were not so executed, and had not that effect upon the minds of the lower classes. It is notorious that the fear, or pride, or virtue, or whatever it may be called, which kept the labourer from the parish, was an active and powerful prin- ciple, till far within the time of living memory. I contend therefore that neither the language of the laws, nor their effect, justifies this construction. And the cheering inference I draw is, that it may be possible to provide by law for preserving life, without encouraging the propagation of it. This is the only answer to which, as it strikes me, the argument from the principle of population is open-and I do not think it has been sufficiently attended to in the discussion of the question. The portion of relief necessary for this purpose may always be afforded out of the surplus stock of society-provided the demand be occasional only, and not of a nature to increase indefinitely by being satisfied. There surely is a condition of life, which nature impels men to preserve, and which we are bound individually wherever we can to assist in preserv- ing, which yet is not so valuable to the possessor as to make him wish to transmit it to posterity, though he may instinctively cling to it himself. There are, I should suppose, many gradations be- 29 tween that degree of support which merely keeps men alive, and that which renders life truly com- fortable. In the latter case the disposition to increase must exist in full force. In all the other cases it must suffer a diminution greater in pro- portion as they approach the extreme case, in which I conceive it would not exist at all. The law therefore, it should seem, might hold out the certainty of this bare means of preserving life in any civilized state of society, without entailing a continually increasing demand for it-a conse- quence which it has been demonstrably shewn would multiply misery and distress, and in the end defeat itself. It would follow also, that in pro- portion to the moral improvement of society, in proportion to the prevalence of a taste for the com- forts and decencies of life among the lower orders, in proportion as those things which are not literally necessaries are habitually and universally held to be so-in the same proportion might the rate of allowance be safely raised, and something more than bare subsistence of the lowest kind be af- forded to those who from any cause were rendered unable to support themselves. The rule of allowance then must be relative to the state of society-the standard rising in pro- portion to the rise of that moral standard-and always, I should say, keeping below rather than 30 above the mark, for many reasons. First, because it is the safest side, the errors on this side ending with themselves, whereas those on the side of in- dulgence have a tendency to increase in a geo- metrical ratio. Secondly, because men are more prone to err on this side than on the other, and much greater individual virtue and firmness is requisite to resist the temptation to this kind of error. Thirdly, because error on the side of rigour is more easily corrected than error of the opposite kind. Fourthly, because the error of indulgence, tends to disturb and alter the standard itself by which it is measured, and thus to blind the judg ment of mankind against all future correction. It is the more necessary to dwell upon this view of the question, because the practice is almost uni- versal among those reasoners who build on the Principle of Population, to represent the object of our Poor Laws as radically inconsistent with that principle their argument 'continually assuming that the support extended is to be such as will necessarily encourage propagation. It is not so much with Mr. Malthus himself, especially in his later editions, as with the political economists e "It cannot but strike the labouring classes themselves, "that, if their main dependence for the support of their chil- "dren is to be on the parish, they can only expect parish "fare, parish clothing, parish furniture, a parish house, and 31 who adopt his views, that this error seems to prevail. And accordingly among many of them nothing is more common than to exaggerate the nature of this parochial support, as if it placed a man in a situation equally desirable with that of the labourer who supports himself, and left him nothing to wish for beyond what that fund sup- plies. How far this error may have been generated, and be still kept in countenance by some recent enactments, and still more by the lax use of the discretion vested in magistrates, and by an ex- tension of that discretion even beyond what is "parish government, and they must know that persons living in this way cannot possibly be in a happy and prosperous "state." Malthus's Additions, p. 79. Surely this detracts greatly from the necessity which the author still thinks there is for a total though gradual abolition of the Poor Laws. He has not disguised, but has with his usual candour stated the other causes which have forced population within the last twenty years. It is on the comparative influence of these causes in encouraging population that the question about retaining the Poor Laws turns. Mr. Courtenay is inclined to attribute no such influence to them; which is perhaps carrying it too far, although Mr. Malthus himself, in his Appendix to the edi- tion of 1806, has these words. "I will not presume to say c positively that they tend to encourage population,” p. 547. My own opinion decidedly is, that whatever influence of this kind they possess is to be ascribed to the recent extension and lax administration of them, and not to their original principle. 32 authorized by law, will be more properly the sub- ject of consideration under the Second head of this enquiry. When I come to a review of the origin and progress of these laws, and of the circum- stances under which they were first formed and since modified, I think it will manifestly appear, that our ancestors are not chargeable with that ignorance of the true province of legislation, which is so generally imputed to them-and that the ori- ginal principle is not so vicious and unsound as most of these writers represent it to be. That the practice ought in some points to be corrected, and the law changed, it will be my endeavour to shew under the Third head. Meanwhile the argument derives some support from the natural law of self-preservation, which is universally allowed to supersede the positive re- straints of other laws; and, provided that principle be the genuine and sole motive (which it seldom is even when pleaded) to render a violation of property excuseable. The fear is, that if openly avowed, it would in practice be extended beyond the case of literal necessity. But supposing it confined within those limits, the general provision by law for the maintenance of life bears a strong analogy to it, and may be allowed to rest on the same foundation, although it militates equally against the abstract principle of legislation, and is proved by expe- 33 rience to be liable to the same perversion in practice. Let me dismiss the present branch of the argu- ment then with the hope that indigence arising either from infirmity, age, infancy, great number of children, and even accidental failure of employ- ment, may possibly be relieved by law-not fully and adequately to our feelings-yet permanently and systematically, without necessarily extending the evil—and that in proportion to the improve- ment of society, this relief may safely be afforded on a more liberal scale. The next attempt which our laws have made for the relief of the poor, and which is even more at variance with reason and sound policy, is to regulate the price of provisions and the wages of labour. The former of these attempts has been long ago abandoned, and therefore is now wholly unworthy of notice. The latter, though abrogated by law, yet strange to say, has subsisted, and to "Mr. Malthus admits, that notwithstanding the Poor Laws, even under their late indulgent administration, our population will probably be found at the next census to have been re- tarded by the difficulties of the times; and that this effect continuing for some years, together with the increased de- mand that may soon be expected from abroad, the labouring classes will probably be restored to full employment and good wages. Additions, p. 64. F 34 this day virtually subsists, in practice. And here it may not be without its use, especially as we are prone to boast of our superiority in legislative wisdom over those of a former age, to point out how the case stands in regard to these laws. In the first place, whatever defect there may be in the fundamental law for the relief of the Poor passed in the 43d of Elizabeth, it has certainly been heightened in a great degree by the 22d Geo. III. c. 83. and the 36th Geo. III. c. 23. and still more by the practice of magistrates exceeding the dis- cretionary power vested in them. On the other hand, the letter of Queen Elizabeth's law for the regulation of wages, [5. Elia. c. 4.] founded as it was in ignorance, yet produced little harm, being disregarded in practice: for the preamble of 2. James I. c. 6. which revives that law, expressly declares that it had not been duly executed,