gutenberg. (this file was produced from images generously made available by the internet archive.) [transcriber's note: every effort has been made to replicate this text as faithfully as possible, including obsolete and variant spellings and other inconsistencies. text that has been changed to correct an obvious error is noted at the end of this ebook.] the proper limits of the government's interference with the affairs of the east-india company, attempted to be assigned. with some few reflections extorted by, and on, the distracted state of the times. by john, earl of stair. ----and beshrew my soul, but i do love the favour and the form of this most fair occasion; by the which we will untread the steps of damned flight, and, like a 'bated and retiring flood, leaving our rankness and irregular course, stoop low within these bounds we have o'erlook'd, and calmly run on in obedience. london: printed for j. stockdale, opposite burlington-house, piccadilly. mdcc lxxxiv. entered at stationers' hall. the proper limits of the government's interference with the affairs of the east-india company, &c. each day's experience proves the fallibility of conjecture, even when established on apparently the surest foundations. having stated, indeed materially and substantially proved, that the annual peace expenditure of the state, if decently, not profusely, nor even amply provided for, could not be performed for less than sixteen millions five hundred thousand pounds; and having asserted, with truth, that the annual receipts have scarcely, on the most productive years of the public revenue, exceeded twelve millions; and the necessary corollary, arising out of these propositions, being an annual surplus or sinking fund to the amount (if at all proportional) of at least fifteen hundred thousand pounds, as a provision for great civil emergencies or future wars, without which no system of finance can be either respectable or assuredly permanent; and it following of necessary consequence from these premises, that the proper peace revenue, from something more than twelve millions, which is its present amount, ought to be raised to eighteen millions yearly:--these matters, i say, being as i have represented them, i firmly believed the public affairs of this country were tolerably embarrassed, and weakly imagined ministers might find full employment in extricating them, without courting, and eagerly, through right and through wrong, aspiring and grasping at the management of affairs fully in as great a state of confusion as our own. but i find i greatly under-rated the cravings of the appetite of our late rulers, who seem to have had stomach for all difficulties, however remote from the natural and needful course of their public functions, and however averse the parties interested were to trust their concerns to their direction. in consequence of this canine hunger and thirst after regulation, a bill was brought in and passed by a very great majority of the house of commons, to virtually consolidate the embarrassed concerns of the east-india company, in direct opposition to the desires of the proprietors, with the no less embarrassed affairs of this unhappy country. this bill has been thrown out by a wise and virtuous majority in the house of peers; but as the majority there was but small, and threats are thrown out (in order to make it still smaller) against peers, for exercising their indispensable distinctive prerogative duty of giving honest counsel to their king; and as the same majority, leagued to promote their own advancement and the ruin of the state, still exists and exults in the house of commons; i doubt not but the same strange destructive measure will be resumed. it therefore becomes the business of every well-wisher to the prosperity of britain, to oppose and to refute the specious nothings offered to blind and to conceal from the public the designs of a dark and fatal tendency attached to it; and i think it my duty, moreover, and a justice due to the creditors of the public in particular, at least, to such as shall adhere to me, to protest and enter my dissent in their name against any increase of the public debt, by the addition and incorporation of the debts of the east-india company with those of the public, in any manner, whether openly, or by implication and management. i now proceed to consider the reasons offered in vindication of the bill by which so daring a violation of every thing the laws hold most sacred was attempted. the first plea that was insisted on, was, that the company was bankrupt; but this argument defeats itself. if they are bankrupt, the law has provided a due course of proceeding: ministers, or the deputies of ministers, are not the proper assignees to the bankrupt's estate: the trade is, moreover, by the civil death of the company, open to every adventurer. but this pretext of bankruptcy is but a flimsy disguise easily seen through: ministers are not so eager to obtain the administration of the affairs of a bankrupt: the virtuous majority in the house of commons, increased without any visible cause, or known success, or advantage of any kind, real or pretended, obtained to the public from the cares of the late administration;--increased, i say, from a small doubtful few in the disapprobation of the peace, to a steady, triumphant majority of one hundred and fourteen in the business of the east-india company; gives no note or appearance of a present bankruptcy in the company's affairs; but to those that do not know the incorruptible integrity and disinterestedness of the british legislative bodies, gives an ugly hint and surmise of what is likely to happen in future. of bankruptcy i need say no more; it confutes itself. the next plea is humanity, and a wish to restore in india a better and a juster system of government, less rapacious, and less oppressive to the natives. this is certainly a fair and generous object; but how do the means correspond with the end, or, what solid proof have we that excesses do exist, or, at least, have been carried to the singular and unnatural extent each parliamentary declaimer is pleased to assign to them? having forced the company to bear a share in all the foolish wars britain involved herself in, money must be found. the smooth swindling methods of funding, without giving the creditors adequate securities for either principal or interest, are not practicable in cina. self-preservation enforced the necessity of violence, more obnoxious in the beginning, but, perhaps, in the end, less ruinous than the soft, sly deceits of europe. those violent measures, palliated by the necessity of self-preservation, excepted, what remains but an _ex parte_ charge, in reports to the house of commons, curious and voluminous indeed, but without confrontation of the accused, or any other necessary preliminary to condemnation, sought by private equity, or required by public justice? we have only an inform mass of matter, where disappointment, vanity, and malevolence, are too often prompted by management and design to accuse, and every accusation is held forth as compleat evidence of guilt. indeed, some accounts scattered through the vast abyss of eastern manners and customs, make by much the most useful and entertaining part of this exceedingly tedious farrago; though in this part it falls far short in beauty of style and composition, and probably does not much exceed in veracity, the arabian night's entertainments.--but grant that wrongs and injustice predominate, who are to restore the golden age in india? we know the late ministry, their habitudes, and connections; from brooks's, then, it is fair to suppose the daring argonauts were to have sailed in search of the golden fleece: from almack's our bold pizarros must have taken their course to civilize our new-acquired ministerial peru. determined minds used to set fame and fortune on the dies uncertain cast: soft souls, overflowing with christian forbearance, and the milk of human kindness suckt in at the gaming-table, from such apostles, alas! i rather should suspect, with atè by their side, come hot from hell, shall in these confines, with a monarch's voice, cry havoc! and let slip the dogs of war. yet i readily agree that it may be proper to send out a well-chosen commission of visitation and inspection, with adequate and efficient powers from parliament; though i am greatly deceived, if they do not find that matters are much exaggerated. the reports to the house of commons from committees are generally very false mediums to view the object they treat of through: they are moved for common by persons interested in the event, sedulously attended by them, and the materials are too often modelled and made up according to their views, and to serve their purposes. i have therefore ever greatly regretted the abolition of the board of trade, the fair, candid judges in these matters, or who might be made so. the argument from the abuse to the use, is not a fair consequence; and i sincerely and earnestly recommend the re-establishment of that board. from the revenues of the duchy court of lancaster now vacant, and a small gleaning from the enormous overgrown sine-cures in the exchequer, this may be done without expence, and with great emolument to the crown and to the public. it is, besides, the height of absurdity, to think the indians are unhappy because they do not live under the same constitution as the inhabitants of this island. the government in that country, for a very long period of time, has been so unsettled, that no form of it that has any stability, or affords any degree of protection to the subjects that live under it, can be pronounced to be a bad one: in every other case, the weaker are almost sure to be exterminated by those that are stronger. i should esteem it, in such uncertainty of doing any good of any kind, extremely improper for the public to make a common cause with the east-india company, further than i have already stated, and likewise by assisting them with some necessary pecuniary aid in their present distress. the consequences of the public taking upon themselves the direction of the company's trade, or even of their territorial acquisitions, i apprehend would be most ruinous. no nation has ever attempted any thing of this kind without being greatly losers by it, even where government was carried on principles infinitely more favourable to such an enterprise than the free constitution of this country admits of. france has often been compelled, in order to preserve the trade to india and their companies from sinking, to interfere, and i believe is still concerned in the national trade to india; but this is on mere compulsion and necessity, and is, and has ever been, a very losing business to the crown of france. if this is so, then how much worse must it be here, where the advantages taken of the public in every public business are enormous: and indeed the uncertainty of the time of payment, and the difficulty of passing the account, do warrant a demand of a great latitude at any time; but at present, when the ordnance debentures are at 30 per cent. discount, and the navy bills, which carry an interest of 4 per cent. are at 17 per cent. discount, it is almost impossible to say on what terms a contract with government would be advantageous. in more settled times, i believe, 25 per cent. on estimate, and near 50 per cent. on arbitrary statements, did not vary much from the difference, to the disadvantage of the public, betwixt public and private contracts for the same performances. in this view, and it is a just one, nothing but absolute necessity, and the sure consequence of losing the trade altogether, could justify the interference of government beyond the limits already assigned, if even these could justify it. but this necessity is happily entirely out of the question at present: the company anxiously desire to go on with their trade: a forbearance of duties due, is all they ask, to the extent of, i think, a million. if it was three times as much, government would be mad, if they hesitated in the alternative betwixt indulging them in their demand, and taking their concerns into their own hands. the affairs of the company have been embarrassed before; they have borrowed large sums from government, which they have honestly repaid. their surplus in peaceable times is very large; and if tranquility is any way durable in india, and the administration of the company's affairs is continued in the hands of that powerful genius of resource, mr. hastings, i make no doubt they will extricate themselves with honour, and do justice to every creditor they have. i am at least sure, that this is giving the only chance of making them beneficial to this country; and it is what the company is highly entitled to. i have often wondered upon what principle of policy one of our two great commercial companies should be the _enfant galé_, the spoilt child of every administration whilst the other was treated like the step-son of the state, with every mark of jealousy and unkindness. the merits of the east-india company towards the nation are great and notorious. whilst every other country has been taxing their subjects, in order to support their east-india trade, the english east-india company has been the support, to a good extent directly, and in a very great and eminent degree indirectly, of the british finances; and in the late war the company maintained alone, in their dominions and enterprises, the superiority which usually attended the british arms in every quarter of the globe; and at last, in the acquisitions made by the company's arms, the material indispensable sacrifices to procure a necessary peace were found. indeed, their expences in the reduction of pondicherry, and the value of it, and of the other restitutions made to the french by the definitive treaty of peace, seem to me a very onerous and most just debt on britain, and why they are not stated as such by the company, i cannot see any shadow of a reason. it was under the direction of their own proprietary, uncontrouled by parliament, that the company rose to an unexampled height of wealth and prosperity: since the interference of parliament, their affairs have declined. possibly now the patronage is so valuable and extensive, their constitution may be defective, by the too immediate dependence of the directors on the proprietors, who, by their brigues and cabals, overawe, and often make abortive the best intentions of the directors. but matters of charter and property are of so difficult and delicate a nature, that it is hard to say, whether any attempt to remedy this might not do more harm than good. it is related, that monsieur colbert, lewis the fourteenth's very able minister of commerce and finance, and to whose memory france stands much indebted, called an assembly of the most eminent men in the french king's dominions in the commercial line, to whom he proposed the consideration, if any, and what advantages might accrue to commerce by the interference of government. the unanimous answer of the assembly was, _laisser le faire_, let it alone. a new doctrine has been likewise attempted to be established in favour of the late india bill, viz. that measures are not to be so fully and fairly canvassed as they ought, but are to rely and be supported by the responsibility of the proposer of them. the presumption and absurdity of such a proposition is too great to require an answer. the responsibility of the proposer often would not procure him ten pounds; and as to any thing sanguinary, god knows! the hazard is very, very trifling. indeed, the persons who avowedly, first by denial of justice to america, plunged us into a war, and afterwards, by obstinately persevering in it, when experience had evinced the success was impracticable, and who by so doing have irretrievably (i fear) undone their country, enjoy in pomp and serenity, even to ostentation, the honours and lucrative employments heaped upon them. if justice is demanded for glory, for wealth, for dominion lost, they pay you with an ideal jest: if you want more, a ready vote of acquittal is at hand from a packt majority, united on the most sordid principles, to promote each other's advantage, in open and abandoned violation, on one part of the coalition, of the faith a thousand times pledged to bring delinquents to justice, who now are not only protected, but represented, with a falsehood and inconsistency that degrades human nature, as great, wise, and virtuous ministers, by those very men who not very many months stigmatized them as the base undoers of their country. his majesty has, however, been pleased to nominate a new ministry: they are young and untried: i wish them well; and my poor support shall be theirs, if they deserve it. i hope their real essential bond of union is at least less dangerous than that of their predecessors, viz. through violation of charters to obtain the plunder of india for themselves and adherents. i should have thought a dissolution of parliament necessary to have preceded, in order to procure any stability in the settlement of a new ministry. the reason offered against this measure was quite trifling, viz. the delay of public business; for the parliament would have been dissolved, and a new one elected, in little more than the period of usual recess at this time of the year; which recess was not intended to have been shortened, if the late overthrow of the ministry had not taken place. should the indecent interruption of every thing that does not promote their own continuance, still prevail in a majority of the house of commons, the delay of public business will be well compensated by the facilities a new election will probably afford, and by the rapid progress of measures beneficial and necessary to the public that will take place hereafter, which, under the present jarring situation and equipoise of parties, cannot, in my poor opinion, ever be carried on with either certainty or dispatch. but i still dread the continuance of the present distractions. the politics of st. james's have had ill luck for common, and, by some fatal ascendancy, have generally backwards trod the very paths they most anxiously sought to shun. the faction has emissaries spread far and wide to pluck allegiance from men's hearts. it will demand, on the part of the king, an active, unremitting attention to replace himself in that state of pre-eminence and influence the constitution allows, and even requires. let this never be out of mind. when his majesty hunts the stag, let him reflect that he is himself the hunted stag, the royal hart held at bay by a fierce, unrelenting faction, who deny, or mean to explain away, his dearest, clearest prerogatives. a prince so virtuous, who never was even suspected to mean any foul play to the state, ought to command in every honest service, and he will command no other, those servants whom he is now obliged to sue to, and often is refused. the onward path, ingenuous openness of fair sincerity and prudent oeconomy in private life, lead to peace of mind, and to heaven's best gift, independence; they martial kings to greatness, to awe, and affectionate veneration. i know the delicate ground i tread; but i owe much to my sovereign, and, above all, truth; and i will pay the debt, tho' the most ungrateful office, yet the surest pledge of real love and respect that i can give. what have i to fear? i have lived too long; i never wished to survive the glory of my country; and i cannot form a wish so mean as to survive its liberties. whig as i am, if liberty must expire, i hold its cuthanaria to be in a mild despotism. but in all the bills of mortality, of human grandeur, never sure was so strange a catastrophe recorded, as a king taken prisoner, and a great and glorious constitution squirted to death, by the sportings of a set of prodigal, undone, gambling, friblish, impudent eton boys. _jan. 1. 1784._ finis. * * * * * [transcriber's notes: the transcriber made these changes to the text to correct obvious errors: 1. p. 3 stationers hall --> stationers' hall 2. p. 9 brankrupt --> bankrupt 3. p. 12 securites --> securities 4. p. 19 tranquiility --> tranquility end of transcriber's notes] government ownership of railroads, and war taxation otto h. kahn an address before the national industrial conference board new york, october 10, 1918 i _government ownership of railroads_ paternalistic control, even when entirely benevolent in intent, is generally harmful in effect. it is apt to be doubly so when, as sometimes occurs, it is punitive in intent. the history of our railroads in the last ten years is a case in point. in their early youth our railroads were allowed to grow up like spoiled, wilful, untamed children. they were given pretty nearly everything they asked for, and what they were not given freely they were apt to get somehow, anyhow. they fought amongst themselves and in doing so were liable to do harm to persons and objects in the neighborhood. they were overbearing and inconsiderate and did not show proper respect to their parent, i. e., the people. but the fond parent, seeing how strong and sturdy they were and on the whole, how hustling and effective in their work, and how, with all their faults of temper and demeanor, they made themselves so useful around the house that he could not really get along without them, only smiled complacently at their occasional mischief or looked the other way. moreover, he was really too busy with other matters to give proper attention to their education and upbringing. as the railroads grew towards man's estate and married and begot other railroads, they gradually sloughed off the roughness and objectionable ways of their early youth, and though they did not sprout wings, and though once in a while they still did shock the community, they were amazingly capable at their work and really rendered service of inestimable value. but meanwhile, for various reasons and owing to sundry influences, the father had grown testy and rather sour on them. he cut their allowance, he restrained them in various ways, some wise, some less so, he changed his will in their disfavor, he showed marked preference to other children of his. and one fine day, partly because he was annoyed at the discovery of some wrongdoing in which, despite his repeated warnings, a few of the railroads had indulged (though the overwhelming majority were blameless) and partly at the prompting of plausible self-seekers or well-meaning specialists in the improvement of everybody and everything--one fine day he lost his temper and with it his sense of proportion. he struck blindly at the railroads, he appointed guardians (called commissions) to whom they would have to report daily, who would prescribe certain rigid rules of conduct for them, who would henceforth determine their allowance and supervise their method of spending it, etc. and these commissions, naturally wishing to act in the spirit of the parent who had designated them, but actually being, as guardians are liable to be, more harsh and severe and unrelenting than he would have been or really meant to be, put the railroads on a starvation diet and otherwise so exercised their functions, with good intent, doubtless, in most cases, that after a while those railroads, formerly so vigorous and capable, became quite emaciated and several of them succumbed under the strain of the regime imposed upon them. and then, seeing their condition and having need, owing to special emergencies, of railroad services which required great physical strength and endurance, one fine morning the parent determined upon the drastic step of taking things into his own hands. and so forth.... ii to drop the style of story-telling: individual enterprise has given us what is admittedly the most efficient railroad system in the world. it has done so whilst making our average capitalization per mile of road less, the scale of wages higher, the average rates lower, the service and conveniences offered to the shipper and the traveler greater than in any other of the principal countries. it must be admitted that in the pioneer period of railroad development, and for some years thereafter, numerous things were done, and although generally known to be done, were tolerated by the government and the public, which should never have been permitted. but during the second administration and upon the courageous initiative of president roosevelt these evils and abuses were resolutely tackled and a definite and effective stop put to most of them. means were provided by salutary legislation, fortified by decisions of the supreme court, for adequate supervision and regulation of railroads. the railroads promptly fell in line with the countrywide summons for a more exacting standard of business ethics. the spirit and practices of railroad administration became standardized, so to speak, at a moral level certainly not inferior to that of any other calling. it is true, certain regrettable abuses and incidents of misconduct still came to light in subsequent years, but these were sporadic instances, by no means characteristic of railroading methods and practices in general, condemned by the great body of those responsible for the conduct of our railroads, no less than by the public at large, and entirely capable of being dealt with by the existing law, possibly amended in nonessential features, and by the force of public opinion. unfortunately, the law enacted under president roosevelt's administration was not allowed to stand for a sufficient length of time to test its effects. the enactment of new railroad legislation in 1909, largely shaped by congressmen and senators of very radical tendencies and hostile to the railroads, and acquiesced in by president taft with ill-advised and opportunist complacency, established, for the first time in america, paternalistic control over the railroads. it was an unscientific and ill-devised statute, gravely defective in important respects and bearing evidence of having been shaped in heat, hurry and anger. mr. taft himself, it seems, has since recognized its faultiness, for he has repeatedly and publicly protested against the over-regulation, the starvation and the oppression of the railroad which were the inevitable and easy-to-be-foreseen consequences of its enactment. the states, to extent that they had not already anticipated it, were not slow to follow the precedent set by the federal government. the resulting structure of federal and state laws under which the railroads were compelled to carry on their business, was little short of a legislative monstrosity. iii you all know the result. the spirit of enterprise in railroading was killed. subjected to an obsolete and incongruous national policy, hampered, confined, harassed by multifarious, minute, narrow, and sometimes flatly contradictory regulations and restrictions, state and federal, starved as to rates in the face of steadily mounting costs of labor and materials--that great industry began to fall away. initiative on the part of those in charge became chilled, the free flow of investment capital was halted, creative ability was stopped, growth was stifled, credit was crippled. the theory of governmental regulation and supervision was entirely right. no fair-minded man would quarrel with that. the railroads had exercised great, and in certain respects undoubtedly excessive power for a long time, and all power tends to breed abuses and requires limitations and restraints. but the practical application of that theory was wholly at fault and in defiance of both economic law and common sense. it was bound to lead to a crisis. it is not the railroads that have broken down, it is our railroad legislation and commissions which have broken down. and now the government, in the emergency of war, probably wisely and, in view of the prevailing circumstances, necessarily, has assumed the operation of the railroads. the director general of railroads, rightly and courageously, proceeded to do immediately that which the railroads for years had again and again asked in vain to be permitted to do--only more so. freight rates were raised twenty-five per cent., passenger rates in varying degrees up to fifty per cent. many wasteful and needless practices heretofore compulsorily imposed were done away with. passenger train service, for the abolition of some of which the railroads had petitioned unsuccessfully for years, was cut to the extent of an aggregate train mileage of over 47,000,000. the system of pooling for which since years many of the railroads had in vain endeavored to obtain legal sanction was promptly adopted with the natural result of greater simplicity and directness of service and of considerable savings. the whole theory under which intelligent, effective and systematic co-operation between the different railways had been made impossible formerly, was thrown into the scrap heap. incidentally, certain services and conveniences were abolished, of which the railroad managements would never have sought to deprive the public, and the very suggestion of the abrogation of which would have led to indignant and quickly effective protest had it been attempted in the days of private control. lest this remark might be misunderstood, let me say that i have no word of criticism against mr. mcadoo's administration of the railroads, as far as i have been able to observe it. i think, on the contrary, that he is entitled to great praise and that he has handled the formidable and complex task confided to him with a high degree of ability, fine courage, indefatigable energy, and with the evident determination to keep the running of the railroads clear of politics and to make them above all things effective instruments in our war effort. iv for a concise statement of the results accomplished elsewhere under government ownership i would recommend you to obtain from the public printer, and to read, a short pamphlet entitled "historical sketch of government ownership of railroads in foreign countries," presented to the joint committee of congress on interstate commerce by the great english authority, mr. w. m. acworth. it will well repay you the half hour spent in its perusal. you will learn from it that, prior to the war, about fifty per cent. of the railways in europe were state railways; that in practically every case of the substitution of government for private operation (with the exception, subject to certain reservations, of germany) the service deteriorated, the discipline and consequently the punctuality and safety of train service diminished, politics came to be a factor in the administration and the cost of operations increased vastly. (the net revenue, for example, of the western railway of france in the worst year of private ownership was $13,750,000, in the fourth year of government operation it fell to $5,350,000.) he quotes the eminent french economist, leroy-beaulieu, as follows: "one may readily see how dangerous to the liberty of citizens the extension of the industrial regime of the state would be, where the number of functionaries would be indefinitely multiplied.... from all points of view the experience of state railways in france is unfavorable as was foreseen by all those who had reflected upon the bad results given by the other industrial undertakings of the state.... the state, above all, under an elective government, cannot be a good commercial manager.... the experience which we have recently gained has provoked a very lively movement, not only against acquisition of the railways by the state, but against all extension of state industry. i hope ... that not only we, but our neighbors also may profit by the lesson of these facts." mr. acworth mentions as a characteristic indication that after years of sad experience with governmentally owned and operated railways, the italian government, just before the war, started on the new departure (or rather returned to the old system) of granting a concession to a private enterprise which was to take over a portion of the existing state railway, build an extension with the aid of state subsidies, _and then work on its own account both sections as one undertaking under private management_. i may add, as a fact within my own knowledge, that shortly before the outbreak of the war the belgian government was studying the question of returning its state railways to private enterprise and management. mr. acworth relates a resolution _unanimously_ passed by the french senate a few years after the state had taken over certain lines, beginning: "the deplorable situation of the state system, the insecurity and irregularity of its workings." he gives figures demonstrating the invariably greater efficiency, economy and superiority of service of private management as compared to state management in countries where these two systems are in operation side by side. he treats of the effect of the conflicting interests, sectional and otherwise, which necessarily come into play under government control when the question arises where new lines are to be built and what extensions to be made of existing lines. he asks: "can it be expected that they (these questions) will be decided rightly by a minister responsible to a democratic legislature, each member of which, naturally and rightly, makes the best case he can for his own constituents, while he is quite ignorant, even if not careless, of the interests, not only of his neighbor's constituency, but of the public at large?" and he replied: "the answer is written large in railway history.... the facts show that parliamentary interference has meant running the railways, not for the benefit of the people at large, but to satisfy local and sectional or even personal interests." he maintains that in a country governed on the prussian principles railroad operation and planning may be conducted by the government with a fair degree of success, as an executive function, but in democratic countries, he points out that in normal times "it is the legislative branch of the government which not only decides policy but dictates always in main outline, often down to the detail of a particular appointment or a special rate, how the policy shall be carried out." for corroboration of this latter statement we need only turn to the array of statutes in our own states, which not only fix certain railroad rates by legislative enactment, but deal with such details as the repair of equipment, the minimum movement of freight cars, the kind of headlights to be used on locomotives, the safety appliances to be installed, etc.--and all this in the face of the fact that these states have public service commissions whose function it is to supervise and regulate the railroads. the reason why the system of state railways in germany was largely free from most, though by no means all, of the unfavorable features and results produced by government ownership and operation elsewhere, is inherent in the habits and conditions created in that country by generations of autocratic and bureaucratic government. but mr. acworth points out very acutely that while german manufacturers, merchants, financiers, physicians, scientists, etc., "have taught the world a good deal in the twenty years preceding the war, german railway men have taught the world nothing." and he asks: "why is this?" his answer is: "because they were state officials, and, as such, bureaucrats and routiniers, and without incentive to invent and progress themselves or to encourage or welcome or even accept inventions and progress. it is the private railways of england and france, and particularly of america, which have led the world in improvements and new ideas, whilst it would be difficult to mention a single reform or invention for which the world is indebted to the state railways of germany." the question of the disposition to be made of the railroads after the war is one of the most important and far-reaching of the post-bellum questions which will confront us. it will be one of the great test questions, the answer to which will determine whither we are bound. v and, it seems to me, one of the duties of business men is to inform themselves accurately and carefully on this subject, so as to be ready to take their due and legitimate part in shaping public opinion, and indeed to start on that task now, before public opinion, one-sidedly informed and fed of set purpose with adroitly colored statements of half truths, crystallizes into definite judgment. my concern is not for the stock and bond holders. they will, i have no doubt, be properly and fairly taken care of in case the government were definitely to acquire the railroads. indeed, it may well be, that from the standpoint of their selfish interests, a reasonable guarantee or other fixed compensation by the government would be preferable to the financial risks and uncertainties under private railroad operation in the new and untried era which we shall enter after the war. i know, indeed, that not a few large holders of railroad securities take this view and therefore have this preference. nor do i speak as one who believes that the railroad situation can be restored just as it was before the war. the function, responsibility and obligation of the railroads as a whole are primarily to serve the interests and economic requirements of the nation. the disjointed operation of the railroads, each one considering merely its own system (and being under the law practically prevented from doing otherwise) will, i am sure, not be permitted again. the relinquishment of certain features of our existing legislation, the addition of others, a more clearly defined and purposeful relationship of the nation to the railroads, involving amongst other things possibly some financial interest of the government in the results of railroad operations, are certain to come from our experiences under government operation and from a fresh study of the subject, in case the railroads, as i hope, are returned to private management. personally i believe that in its underlying principle, the system gradually evolved in america but never as yet given a fair chance for adequate translation into practical execution, is an almost ideal one. if preserves for the country, in the conduct of its railroads, the inestimable advantage of private initiative, efficiency, resourcefulness and financial responsibility, while at the same time through governmental regulation and supervision it emphasizes the semi-public character and duties of railroads, protects the community's rights and just claims and guards against those evils and excesses of unrestrained individualism which experience has indicated. it is, i am profoundly convinced, a far better system than government ownership of railroads, which, wherever tested, has proved its inferiority except, to an extent, in the germany on which the prussian junker planted his heel and of which he made a scourge and a horrible example to the world; and the very reasons which have made state railways measurably successful in _that_ germany are the reasons which would make government ownership and operation in america a menace to our free institutions, a detriment to our racial characteristics and a grave economic disservice. i _punitive paternalism in taxation_ i have spoken of the treatment of our railroads in the past ten years as "punitive paternalism." in some respects this same term may be applied to our existing and proposed war taxation. of course, the burden of meeting the cost of the war must be laid according to capacity to bear it. it would be crass selfishness to wish it laid otherwise and fatuous folly to endeavor to have it laid otherwise. we all agree that the principal single sources of war revenue must necessarily be business and accumulated capital, but these sources should not be used excessively and to the exclusion of others. the structure of taxation should be harmonious and symmetrical. no part of it should be so planned as to produce an unscientific and dangerous strain. the science of taxation consists in raising the largest obtainable amount of needed revenue in the most equitable manner, with the least economic disturbance and, as far as possible, with the effect of promoting thrift. the house bill proposes to raise from income, excess or war profit and inheritance taxes $5,686,000,000 out of an estimated total of $8,182,000,000. in other words, almost seventy per cent. of our stupendous total taxation is to come from these few sources. it seems to me that the effect and meaning of this is to penalize capital, to fine business success, as well as thrift and self-denial practised in the past, thereby tending to discourage saving. the house bill fails, on the other hand, to impose certain taxes the effect of which is to promote saving. intentionally or not, yet effectively, it penalizes certain callings and sections of the country and favors others. let me say at the outset that my criticism does not refer to the principle of an eighty per cent. war profits tax. indeed, i have from the very beginning advocated a high tax on war profits. to permit individuals and corporations to enrich themselves out of the dreadful calamity of war is repugnant to one's sense of justice and gravely detrimental to the war morale of the people. strictly from the economic point of view, the eighty per cent. war profits tax is not entirely free from objection. whether england did wisely on the whole in fixing the tax at quite so high a rate is a debatable point, and is being questioned by some economists of high standing in that country, not from the point of view of tenderness for the beneficiaries from war profits, but from that of national advantage. moreover, conditions in america and england are not quite identical and i believe it to be a justifiable statement that british industry is better able to stand so high a tax than american industry, for reasons inherent in the respective business situations and methods. however, everything considered, circumstances being what they are, i believe the enactment of the proposed eighty per cent. war profits tax to be expedient, provided that, like in england, the standard of comparison with pre-war profits is fairly fixed and due and fair allowance made, in determining taxable profits, for such bona fide items of depreciation and other write-offs as a reasonably conservative business man would ordinarily take into account before arriving at net profits. amongst the principles of correct and effective taxation, which are axiomatic, are these: 1. no tax should be so burdensome as to extinguish or seriously jeopardize the source from which it derives its productivity. in other words, do not be so eager to secure every possible golden egg, that you kill the goose which lays them. 2. in war time, when the practice of thrift is of more vital importance than ever to the nation, one of the most valuable by-products which taxation should aim to secure is to compel reduction in individual expenditures. 3. taxation should be as widely diffused as possible, at however small a rate the minimum contribution may be fixed, if only to give the greatest possible number of citizens an interest to watch governmental expenditure, and an incentive to curb governmental extravagance. it may safely be asserted that our war taxation runs counter to every one of these tested principles. ii the characteristic difference between the house bill and the revenue measures of great britain (i am not referring to those of france and germany, because they are incomparably less drastic than ours or great britain's) is, first, that we do not resort to consumption taxes and only to a limited degree to general stamp taxes, and, secondly, that our income tax on small and moderate incomes is far smaller, on large incomes somewhat smaller and on the largest incomes a great deal heavier. the house rate of taxation on incomes up to, say, $5,000, averages only one-fifth of what it is in england; the house rate of taxation on maximum incomes is approximately fifty per cent. higher than it is in england. moreover, married men with incomes of less than $2,000 are entirely exempted from taxation in this country. in england all incomes from $650 on are subject to taxation. i believe, on the whole, our system of gradation is juster than the english system, but i think we are going to an extreme at both ends. and it must be borne in mind that our actual taxation of high incomes is not even measured by the rates fixed in the house bill, because to them must be added state and municipal taxes. there must further be added what to all intents and purposes is, though a voluntary act, yet in effect for all right-minded citizens tantamount to taxation, namely, a man's habitual expenditures for charity and his contributions to the red cross and other war relief works. the sentimental and thereby the actual effect of extreme income taxation is not confined to the relatively small number of people in possession of very large incomes directly affected by it. the apprehension caused by the contemplation of an excessively high ratio of taxation is contagious and apt to react unfavorably on constructive activity. it is highly important that taxation should not reach a point at which business would be crippled, cash resources unduly curtailed and the incentive to maximum effort and enterprise destroyed. and it should not be forgotten that both theoretically and actually the spending of money by the government cannot and does not have the same effect on the prosperity of the country as productive use of his funds by the individual. if all the european nations have stopped during the war at a certain maximum limit of individual income and inheritance taxation, even after four years of war, the reason is surely not that they love rich men more than we do or that they are all less democratic than we are. the reason is that these nations, including the financially wisest and most experienced, recognize the unwisdom and economic ill effect under existing conditions of going beyond that limit. iii the same observations hold good in the case of our proposed inheritance taxation (maximum proposed here forty per cent., as against twenty per cent. maximum in england and much less in all other countries). and again there are to be added to federal taxation the rates of state legacy and inheritance taxation. inheritance taxation, moreover, has that inevitable element of unfairness that it leaves entirely untouched the wastrel who never laid by a cent in his life, and penalizes him who practiced industry, self-denial and thrift. and it cannot be too often said that the encouragement of thrift and enterprise is of the utmost desirability under the circumstances in which the world finds itself, because it is only by the intensified creation of wealth through savings and production that the world can be re-established on an even keel after the ravages and the waste of the war. furthermore, business men, of necessity, have only a limited amount of their capital in liquid or quickly realizable form, and through the absorption by the inheritance tax of a large proportion of such assets, many a business may find itself with insufficient current capital to continue operations after the death of a partner. this effect is not only unfair in itself, but is made doubly so, as being a discrimination in favor of corporations as against private business men and business houses, inasmuch as corporations are, of course, not amenable to inheritance taxation. whilst in the case of the rich we discourage saving by the very hugeness of our taxation, or make it impossible, we fail to use the instrument of taxation to promote saving in the case of those with moderate incomes. and the enormous preponderance of saving which could and should be effected does not lie within the possibilities of the relatively small number of people with large means, but of the huge number of people with moderate incomes. moreover, while the rich, in consequence of taxation, limitation of profits, etc., have become less able to spend freely since our entrance into the war, workingmen and farmers, through increased wages, steadier employment and higher prices of crops, respectively, have become able to spend more freely. workingmen are in receipt of wages never approached in pre-war times, many of them making incomes a good deal higher than the average professional man, while the profits of business, generally speaking, are rather on a declining scale and certain branches of business have been brought virtually or even completely to a standstill. of our total national income, conservatively estimated at, say, $40,000,000,000 for the last year before our entrance into the war, i. e., the year 1916, it is safe to say that not more than $2,000,000,000 went to those with incomes of, say, $15,000 and above, whilst $38,000,000,000 went to those with lower incomes. a carefully compiled statement issued by the bankers trust company of new york estimates the total individual incomes of the nation for the fiscal year ending june 30, 1919, at about $53,000,000,000, and calculates that families with incomes of $15,000 or less receive $48,250,000 of that total; or, applying the calculation to families with incomes of $5,000 or less, it is found that they receive $46,000,000,000 of that total. iv whilst the house bill imposes luxury and semi-luxury taxes, it fails--as i have mentioned before--to resort to consumption taxes of a general kind--a deliberate but, in my opinion, unwarrantable omission. my advocacy of consumption and similar taxes, such as stamp taxes of many kinds, is not actuated by any desire to relieve those with large incomes from the maximum of contribution which may wisely and fairly be imposed on them. i advocate consumption and general stamp taxes--such as every other belligerent country without exception has found it well to impose--because of the well attested fact that while productive of very large revenues in the aggregate, they are easily borne, causing no strain or dislocation, and automatically collected; and because of the further fact that they tend to induce economy than which nothing is more important at this time and which, as far as i can observe, is not being practised by the rank and file of our people to a degree comparable to what it is in england and france. the tendency of the house bill is to rely mostly on heavy taxation--in some respects unprecedentedly heavy--of a relatively limited selection of items. i am--as i have already said--in favor of the highest possible war profits tax and of at least as high a rate of income and inheritance taxation during the war as exist in any other country. but apart from these and a few other items which can naturally support very heavy taxation, such, for instance, as cigars and tobacco, i believe that the maximum of revenue and the minimum of economic disadvantage and dislocation can be secured not by the very heavy taxation of a relatively limited selection, but by comparatively light taxation distributed over a vast number of items. i believe such taxes would be productive enough to make good the impending revenue losses from prohibition. i think, for instance, the imposition of a tax of one per cent. on every single purchase exceeding, say, two dollars (the tax to be borne by the purchaser, not by the seller) would be productive of a large amount of revenue and be harmful to none. a similar tax was imposed in the course of the civil war and appears to have functioned so well and met with such ready acceptance that it was not repealed until several years after the close of that war. there is apparently small limit to the zeal of many politicians and others when it is a question of taxing business and business men, especially those guilty of success. we are, i believe, justified in inquiring to what extent there is a relation between this tendency and political considerations which ought to be remote from the treatment of economic subjects such as taxation. let us take, as an instance, the case of the farmer. i do not pretend to judge whether in these war times the farmers of the country are bearing an equitable share of taxation in proportion to other callings or not. i certainly recognize that they are entitled to be dealt with liberally, even generously, for i know the rigors of the farmers' life, the ups and downs of their industry's productivity, and fully appreciate that their work lies at the very basis of national existence. everything that can fairly make for the contentment, well being and prosperity of the farmer is to be wholeheartedly welcomed and promoted. yet, we cannot avoid noticing that the average value of farm lands in this country is estimated to have increased between 1900 and 1918 more than 200 per cent., that the value of farm products has been vastly enhanced, but that according to the latest published details of income tax returns, the farmer contributes but a very small percentage to the total income tax collected. of twenty-two selected occupations the farmers' class contributes the least in the aggregate, although it is numerically the largest class in the country. let it be clearly understood that i have not the remotest thought of suggesting "tax dodging" on the part of the farmers. i know well how fully they are doing their part towards winning the war, and am entirely certain that they are just as ready to carry patriotically their due share of the financial cost of achieving victory as the splendid young fellows taken from the farms, many of whom i met in europe, have been ready to bear their full share of the cost in life and limb of achieving victory. the point of my question is not the action and attitude of the farmer. but here is a great industry exempt from the excess profit and war profit tax and apparently not effectively reached by the income tax, which is entirely natural, because in this case the income tax can neither be retained at the source nor are the large body of the farmers, many of whom do not keep and cannot be expected to keep books, in a position to determine their taxable income. is it conceivable that the politicians who are so rigorous in their watchfulness that no business profit shall escape the tax-gatherer, would not devise means to lay an effective tax if the same situation existed in a business industry? the point of my question is, taking the case of the farmers as an instance, whether in framing our system and method of taxation, the steady aim has been to ascertain impartially what is equitable and wisely productive of revenue and to act accordingly, or whether considerations of the anticipated effect of taxation measures upon the fortunes of individual legislators or of their party, have been permitted unduly to sway their deliberations and conclusions. v turning aside from this interrogation mark, i will only add, in returning to our general scheme of taxation, that there are numerous taxes of a tried and tested and socially just kind--some of them applied in this country during the civil war and the spanish war--which would raise a very large amount of revenue and yet would be little felt by the individual. some of them have been suggested to our legislators, but have not found favor in their eyes. their non-imposition, taken together with the entire character of our taxation program, the burden of which falls to an enormously preponderant extent upon the mainly industrial states and the business classes, not only proportionately, which, of course, is just, but discriminatingly, which is not just, seems hardly explainable except on the theory that the intention of those who were primarily in charge of framing that program was punitive and corrective and that they were influenced--though i am willing to believe unconsciously--by sectional and vocational partiality. the fact that the revenue bill was passed in the house by a unanimous vote does not mean, of course, that it met with unanimous approval on the part of congressmen. the debate shows this. the bill, as reported after months of labor, either had to be approved practically as it stood or rejected and returned to the committee. it is not possible for a body of 400 men to deal in a detailed manner with a subject so complex as a taxation measure of the magnitude of the present one. the bill could not be made over or materially amended in the house. in view of the urgency of the emergency and the vital need to raise the sum asked for by the treasury, no patriotic course was open to the house but to accept the bill and pass it up to the senate. i know it is not popular to say things in criticism of war burdens of a financial nature. one's motives are liable to be misunderstood or misinterpreted and he is very apt to have it scornfully pointed out to him how small relatively is the sacrifice asked of him, compared with the sacrifice of position, prospects, and life itself, so willingly and proudly offered by the young manhood of the land. it is a natural and effective rejoinder, but it is not a sound or logical one. heaven knows, my heart goes out to our splendid boys, and my admiration for their conduct and achievements and my reverence for the spirit which animates them knows no bounds. but i am acquainted with hundreds of business men who bemoan their gray hair and their responsibilities, which prevent them from having the privilege of fighting our foe arms in hand. and i know no american business man worthy of the name, who would not willingly give his life and all his possessions if the country's safety and honor required that sacrifice. transcriber's notes: passages in italics indicated by underscore _italics_. additional spacing after the block quotes is intentional to indicate both the end of a quotation and the beginning of a new paragraph as presented in the original text. generously made available by the internet archive/american libraries.) war taxation _some comments and letters_ otto h. kahn 1917 war taxation _contents_ some comments pages 7 to 42 letters i the income tax _pages 43 to 60_ ii return upon taxable and tax-exempt securities _pages 61 to 70_ _war taxation_ the recent publication of a little pamphlet entitled "some comments on war taxation" elicited numerous interesting comments by the readers. the points to which these comments mainly related were the statements contained in the pamphlet that: _first._ if our neighbor canada continues her present policy of not taxing incomes, or if she imposes only a moderate tax while rates of income taxation in america are fixed at oppressively and unnecessarily high rates, there can be little question that the ultimate result will be an outflow of capital to canada, and that men of enterprise will seek that country. _second._ moneyed men not having their capital engaged in active business, if they are so constituted that their consciences permit them to evade their share of monetary sacrifice, can put their funds into tax-exempt securities. in reference to the foregoing points, i have written two letters in answer to correspondents. these letters contain an elaboration of certain arguments and viewpoints set forth in the original article on war taxation and also refer to some additional phases of the subject. those who have done me the honor of perusing that article may possibly be interested in reading these letters. in order that they may be presented as a part of the argument as a whole, the original article with a few additions and slight revisions is printed in the first part of this pamphlet, followed by the letters. o. h. k. 52 william street, new york, july 5, 1917. some comments on war taxation _this is a reprint, somewhat amplified, of an article printed recently in the new york times. the original article was written before the recommendations of the ways and means committee of the house of representatives were reported._ in a time of patriotic exaltation and of universal obligation and readiness to make great sacrifices to bring a most just and righteous war to a successful conclusion, the voice of sober argument and matter of fact considerations is apt to grate upon the ears of the people. that voice is all the less likely to be popular when the arguments it puts forth may easily lend themselves to the interpretation of being actuated by solicitous care for selfish interests. i am fully aware that by publishing the following observations i am exposing myself to that interpretation and to criticism of, and attack upon, my motives. yet, seeing that certain measures now under consideration threaten to take shape in a way which, from my practical business experience and after mature deliberation, i am bound to regard as faulty and as indeed harmful to the country, i believe it to be right and proper to contribute my views to the public discussion of the subject, for whatever they may be worth. i can only hope, then, that in what i am going to say i shall be given credit for endeavoring to speak conscientiously and to the best of my knowledge and judgment from the point of view of the welfare of the entire country and not of the welfare merely of the well-to-do. i shall address myself to the practical aspect and to a few phases only of the question and shall not attempt to enter into the economic theories and the broader and deeper considerations involved. i shall assume in my argument that what congress is seeking to accomplish is to impose taxes justly, effectively and scientifically with the desire to disturb the country's trade and commerce as little as possible and to avoid as much as may be the evils of financial dislocation. i shall take it for granted that at a time when more than ever the unity of the country should be emphasized, sectional selfishness will find no place in the taxation program, and that, should it be attempted nevertheless, the congressional delegations of the states which would be unjustly affected, would resist, regardless of party affiliations, harmful discrimination against their constituents and their states. i shall assume that it is not the purpose and intent of congress, under the guise of the necessities of the war situation, to embrace the doctrines of socialism. our present economic system, our present method of wealth distribution may or may not stand in need of change; the fact remains that congress has no mandate to effect a fundamental change. the consequence of such a change would be so immensely far-reaching that no government has the right to sanction steps to bring it about until the subject has been fully discussed before the people in all its bearings and the people have pronounced judgment through a presidential or other election. i will first state what in my opinion ought not to be done: i i take it that not many words need be used to expose the fallacy of the argument, heard even in the halls of congress: "if men are to be conscripted, wealth also must be conscripted." _men will be conscripted to the extent that it is wise and just and needful. so, and no other, should wealth and the country's resources in general be conscripted._ and, are not the children of the well-to-do conscripted equally with the children of the poor? indeed, the proportion of the sons of the well-to-do on the actual fighting line is bound to be a predominating one, because vast numbers of wage workers in the industries and on the farms will necessarily have to be retained at their accustomed vocations in order to maintain the output of our factories and farms. have the children of the well-to-do been backward in volunteering? were they not, on the contrary, amongst the very first to offer to serve and to fight? ii _there appears to prevail amongst not a few people the strange delusion that america's entrance into the war was fomented by moneyed men, in part, at least, from the motive and for the purpose of gain._ _were there any such men, no public condemnation of them could be too severe, no punishment would be adequate. i am absolutely certain that no such hideous and dastardly calculation found lodgment in the brain of any american, rich or poor._ moreover, is it not perfectly manifest that any rich man in his senses must have known that his selfish interest was best promoted by the continuance of the conditions of the last three years in which america furnished funds and supplies to europe at huge profits, whilst our entering the war was bound to diminish those profits very largely (indeed, to entirely eliminate some of them), to interfere with business activity in many lines and to compel the imposition of heavy taxes on wealth? it is to the credit of our rich men that, though fully realizing the extent of the monetary loss and sacrifices which war between this country and germany must necessarily bring to them, there were but very few of them who supported the peace-at-any-price party or favored the avoidance of america entering into the war when it had become plain that our participation in that war could not be avoided with honor and with due regard for our duty to our own country, or to the cause of right and liberty throughout the world. yet, somehow, the pacifists seem to have singled out the rich as mainly responsible for the war. it may be due, consciously or unconsciously, to a resulting feeling of resentment that _the proposal to confiscate during the war all incomes beyond a certain figure is actively promoted by leading pacifists_--a proposal based upon ignorance of, or disregard for, the laws of economics, teachings of history and practical considerations. if any such scheme were to be adopted, the consequences to the country at large would be far more serious than to the victims of the proposed action. if such a measure of outright confiscation were seriously apprehended, at a time moreover and under conditions which are far as yet from calling for extreme measures, capital would cease to flow in its accustomed currents and some of it would seek other channels legitimately open to it. it would certainly cease flowing into constructive use and would instead confine itself, to an extent at least, to municipal, state and federal tax-exempt securities. enterprise would be seriously hampered and in some respects brought to a standstill entirely. many thousands of workmen would be thrown out of employment. many businesses and shops would close. there would ensue, as a natural consequence and without any conscious determination, a nation-wide strike of constructive activity and enterprise in commerce and finance, because men will not look upon it as a "square deal" if they are to take all the risk and responsibility, all the hard work and ceaseless strain and care of business effort, whilst the government would _needlessly_ take from them an unduly large share of the fruit of their labor, let alone all of it except an arbitrarily fixed sum. i say "needlessly" because, _were it really needed, business men would willingly sacrifice their entire income for the country's cause._ they would work for patriotism, without any recompense whatever, just as hard and harder than they do for gain or for ambition, if the occasion required it. but, of course, everyone knows that nothing remotely approaching such drastic taxation is required in this country at this time. it is absolutely right to proclaim and to enforce by legislation that no man, as far as it is possible to prevent it, shall make money _out of a war_ in which his country is engaged, but there is all the difference in the world between that just and moral doctrine and between the doctrine that no man shall be permitted to have more than an arbitrarily fixed income _during_ a war. if $100,000 or any fixed sum is the limit of what may be permissible income during war time, why not by and by a lesser sum? if the principle is once admitted, where will its application stop, even in time of peace? why is not the proposed plan, or anything in the nature of that plan, simply license for the materially unsuccessful to despoil the materially successful? history shows more than one instance where this road inevitably leads to when once entered upon. and who are our successful men? the vast majority of them are self-made men who started at the bottom of the ladder. it is trite to say that inequality of endowment and therefore inequality of results in human beings, as well as in inanimate things, is a law of nature. the capacity for creating, organizing, leading, etc., in short, the possession of those qualities of brain and disposition which beget success, is rare. it is in the interest of the community, whilst carefully guarding and fostering the rights, the opportunities and the well-being of all of its members, to give liberal incentives to men possessing those gifts to put them to active and intensive use. it is hardly open to doubt that, generally speaking, the work of able men, engaged in serious and legitimate business (i am not speaking of gamblers and parasites), whilst naturally benefiting them, benefits the community a great deal more. the income of hospitals, orphan asylums, institutions of learning and of art and many other altruistic enterprises depends largely upon the voluntary taxation, aggregating a great many millions annually, to which those men in america who have attained financial success have always willingly submitted themselves--more so, probably than in any other country. who is to take care of all of those institutions if extreme taxation compels the rich to cease their contributions? iii the arguments above set forth apply likewise, though naturally not quite in the same degree, to the proposal of levying an income tax rising to an excessively high level, as, for instance, the suggested tax of fifty per cent. on incomes over $500,000. there, again, the test should be whether so radical a tax is wise and required by the necessities of the country. the nations in europe have been fighting for nearly three years and have been under an infinitely greater financial strain than our country is or will be, yet none of these nations have resorted to extreme taxation of income. _even in great britain_, whose financial burden is the heaviest of all, whose debt is many times the total of ours and who has loaned about $5,000,000,000 to her allies, the highest income tax rate, the maximum percentage in the graduated scale of taxation, is to-day no more than approximately forty per cent. in the last budget, introduced a couple of weeks ago, the british chancellor of the exchequer declined, so i am informed, to consider an increase in the income tax rate, because of the damaging effect which such increase would be apt to have on the country's business and prosperity. in france and germany the burden laid on incomes is much lower than in england. _in canada_ where war loans have been raised equivalent on the basis of comparative population to what would be more than $10,000,000,000 for america, _no federal income tax exists at all_. i doubt whether this latter fact is generally known in this country and whether its significance is receiving the measure of serious consideration which it deserves. i understand that it is the deliberate policy of the dominion government to endeavor to avoid resort to an income tax in order to attract capital to canada. there can be little question that if our income taxation is fixed at unduly and unnecessarily high rates, whilst canada has no or only a very moderate income tax, men of enterprise will seek that country and there will be a large outflow to it of capital in course of time--a development which cannot be without effect upon our own prosperity, resources and economic power. the financial dislocation, the discouragement and the apprehension caused by unduly heavy taxation of incomes will not only act as a drag on enterprise and constructive activity, but will make it exceedingly difficult, if not impossible, for corporations to sell securities in sufficient volume and thus to obtain adequate funds to conduct their business--especially also as investors will be fearful that high rates of taxation once established will not easily be reduced to normal levels, even when the present emergency is passed. extravagance, log-rolling, the unwise and inefficient expenditure of money by governmental bodies are amongst the besetting sins of democracy. the formula once found, the machinery once employed for the raising of huge revenues, are apt to make the way of wasteful governmental spending all too temptingly easy. it must not be forgotten that taxation must necessarily by that much diminish the surplus income fund of the individual and that both theoretically and actually the spending of money by the government cannot and does not have the same effect upon the country's prosperity and enterprise as productive use of his surplus funds by the individual. the sentimental, and thereby the actual, effect of extreme taxation will not be confined to the relatively small number of people in possession of very large incomes. the disturbance and fear caused by the contemplation of an excessively high ratio of taxation, even when applied to a relatively few, is bound to spread to those also of more moderate incomes. capital is proverbially timid. it will not take risks, except in the expectation of commensurate reward, and if it sees the danger of its reward being unduly infringed upon by excessively rigorous income taxation, it will anticipate that menace by withdrawing from the field of constructive investment to the greatest extent possible. so much is this the case that i incline to the belief that _taxation so graded as to result in a maximum average of say 33-1/3 per cent. would produce at least as great a revenue as a maximum average of 50 per cent_. it is one of the oldest principles of taxation that an excessive impost destroys its own productivity. the flood of securities which would be coming for sale in order to escape extreme income taxation would create a grave condition of demoralization in the investment markets of the country, with the resulting inevitable effect upon the country's general business, and upon its capacity to absorb government loans. iv the tax recently enacted by congress imposing a burden of 8 per cent. on business profits over and above 8 per cent. on the capital employed, regardless of whether such profits have any relation to war conditions or not, is unscientific and unsound. (incidentally, it is a strange provision of that law that it applies only to co-partnerships and corporations, whilst an individual engaged in business, however profitable, is not taxed.) it is unquestionably right and in accordance with both good morals and good economics, to prevent, as far as possible, the enrichment of business and business men through the calamity of war. but the recently enacted so-called excess profit tax which it is now proposed to augment largely does not accomplish that. it taxes not merely the exceptional profit, _i.e._, the war profit. it lays a burden not on business due to war, but on all business. it does this at a time when it is more than ever necessary that energy, enterprise, efficiency, the commercial and financial brain and work-power of the nation, be stimulated to their utmost in order to make good, as far as possible, the waste and destruction which go with war. any scheme of taxation which imposes an unnecessary burden upon commercial enterprise and thereby handicaps the nation in its business activities--especially in world competition with other nations--is unsound and bound to be gravely detrimental, both to the business men and still more to the wage-worker; in fact, to every element of the population. it is worth noting that england, the conduct of whose finances, based upon the experience of many generations as the leading financial power, has always been a model for other nations to follow, has imposed an excess profit tax on business during the war _merely_ to the extent that such profits are attributable to the war, _i.e._, to the extent that they exceed the profits of normal years. in principle, direct taxation of business activities should be avoided as much as possible, apart from a _war profit excess_ tax. care should be taken lest the wealthy man least entitled to preferential consideration, _i.e._, he who neither works nor takes business risks or business responsibilities, be favored as against the man who puts his brains, his capacities and his money to constructive use in active business. the idle man possessing capital, much or little, if he is so constituted that his conscience permits him to evade his share of monetary sacrifice, can put his money into tax-exempt securities. the man of means who toils in business or a profession must pay a heavy income tax, an excess profit tax, etc. to an extent this undesirable differentiation is probably unavoidable, but it is neither fair nor in the interest of the community that it be accentuated. v it seems to me so manifest as to hardly require argument that a retroactive income tax, such as has been suggested, is wrong both in morals and in economics. if the foregoing reasoning is correct, these conclusions would seem to follow: 1. there ought to be a substantial and progressive increase in the rate of income taxation during the war, together probably with a lowering of the existing limit of income tax exemption. i believe that in practice the best result would be obtained if the rates of taxation were not to exceed a scale producing from maximum incomes an average tax of 33-1/3 per cent., at any rate for the first year of the war. a materially higher rate would not, in my opinion, yield a substantially higher aggregate of revenue to the government (if as high an aggregate), while at the same time, if only for sentimental reasons, and even though only applied to very large incomes, it would be apt to cause financial dislocation and retard business activity and enterprise. it would seem advisable that such portion of a person's income as is devoted to charitable and kindred purposes should be, if not entirely free from income tax, at least subject to a reduced tax only, so as to counteract the tendency which experience has shown to follow in the wake of heavy taxation, of greatly diminishing charitable contributions. 2. there _ought to be an excess profit tax which might well be at a considerably higher rate than the present 8 per cent., or even the proposed 16 per cent._, but it should only be applicable to the extent that business profits exceed the profits of say a certain average period before the war and thus may justly be held to be attributable to war conditions. in determining the basis for calculating excess profits, an offset which might be fixed at say 10 per cent. per annum, due consideration being given to the question of depreciation and to special circumstances, ought to be allowed on all new capital invested in business since the beginning of the war. i think for the purpose of figuring the excess profit tax the five, four or three years _before america's entrance into the war_ would probably form the most appropriate basis. the aggregate industrial plant of this country, the entire scale and scope of our commerce and its concomitants, have been so completely modified in the course of the european war that a comparison which leaves out of account the years 1915 and 1916 does not seem to me to fit the case. i believe, both from the point of view of economics and of public opinion, a tax of say 32 per cent. or even 40 per cent., or eventually, if needed, a still higher percentage, calculated on a reasonably high average of earnings (that is, an average including 1916) is preferable to a tax of 16 per cent. or 20 per cent. on an inordinately low average. i believe that as between the proposed 16 per cent. profit tax and an _excess_ profit tax on the british model, at the rate of say twice that figure--to begin with--the general consensus of opinion would consider the latter as much the fairer, much the less cumbersome to handle and collect, and much the less hampering upon business activities. yet, statistics seem to show that such an _excess_ profit tax would bring in a far larger return than the proposed 16 per cent. profit tax. from figures which were shown to me it would appear that a 40 per cent. tax on excess profits over and above the average earnings for the past three years would yield for the present year the amazing total of at least $800,000,000 (in addition to the yield from the corporate income tax taken at the rate of 4 per cent.). these figures are based on the assumption that the aggregate profits for 1917 will approximately equal those of 1916--a not unreasonable assumption provided always that unscientific taxation or other unwise measures do not destroy prosperity. (as a matter of fact, the profits for the first half of 1917 are likely to exceed those for the same period of 1916.) the three-year average was selected on the theory that 1914 was an exceedingly poor business year, 1915 was a year of fair prosperity and in 1916 the full effect of our stupendous war business had come to raise profits to an exceedingly high level. 3. there are very numerous forms of taxes, stamp-taxes, etc. (such as, for instance, a 2 cent tax on checks), which, whilst they would mainly fall on the well-to-do, would be in no way burdensome, and would produce a very large aggregate of revenue. what seems to me in principle a very sensible tax, has been suggested, namely, _a tax on purchases_ (_i.e._, each single purchase) of all kinds of merchandise (excepting foodstuffs, and probably raw material) of one cent for each dollar or greater part thereof, exempting single purchases of less than say five dollars. this tax, _which should be paid by the purchaser_, would produce a very large revenue. it would be borne mainly by the well-to-do, would be more widely distributed than almost any other form of taxation and would be felt but very little. it would be easily and cheaply collected and would begin to accrue much sooner than most other taxes. 4. i am not convinced that the total amount which needs to be spent or which as a matter of fact can be spent in the course of the year requires so huge a sum to be raised by taxation as our legislators appear to contemplate. the policy of raising a large portion of war expenditures by taxation is wise and sound. but to be iconoclastic in applying that policy, to make that portion so large as to chill the spirit and lame the enterprise of the country is neither good politics nor good economics. the present has its rights as well as the future. sacrifices should be reasonably averaged. an annual sinking fund of 5 per cent. would extinguish the war debt in fifteen years. 5. democratic england under two prime ministers belonging to the liberal party has shown how huge amounts of increased revenue--much greater relatively and greater even absolutely than are required in this country during the first year of the war--can be obtained by taxation without undue dislocation of the existing economic structure and without banefully affecting the country's prosperity. while it would not do for us to follow the english method of taxation in all respects, it would seem the part of wisdom for us to profit from her successful experience. and i hope it will not be deemed presumptuous if i venture to suggest that it might not be amiss for our government in this connection to permit to the practical experience and judgment of business men some recognized scope in the deliberations, as i understand was freely done in england. i am entirely certain that the spokesmen for the business community would give their time, their best thought and their disinterested service to the task of co-operating in devising a wise and fair scheme of taxation as fully, readily and patriotically as they have done and are doing to the task of placing the liberty loan. 6. in determining upon the scheme and detail of taxation, it should be borne in mind that the intent of the proceedings is not punitive, neither is it to apply practical socialism under the guise of war finance. taxation is a problem in mathematics and national economics. it cannot be tackled successfully by hit or miss methods, or upon the impulse of the moment. it needs to be approached "_sine ira et studio_" if the best results are to be obtained for the country at large. congress and public opinion might well ponder the advice recently cabled here by one of the leading financial writers in england: "you should go slow in your tax plans. too violent a financial dislocation would be caused, unless taxation is most judiciously and scientifically apportioned." the desire to place the financial burden incident to war preponderantly upon the wealthy is just and right, but even in doing things from entirely praiseworthy motives, it is well to remember the old french saying, that virtue is apt to be more dangerous than vice, because it is not subject to the restraint of conscience. * * * * * since this article was published, i have received several letters stating that, owing to the excessively high cost of living and for other reasons, men of small means could not afford and should not be asked to bear additional taxation to any appreciable extent and that therefore the proposed vast increase in the income tax is a necessity. i fully agree with the premise, but not with the conclusion. economics are stubborn things and cannot be successfully dealt with emotionally. i yield to no one in my sympathy for those who have to struggle to make both ends meet and in my desire to see their difficulties lightened. i quite agree that the financial burden of the war should be made to weigh as little as possible upon the shoulders of the poor and those of small means. will a two-cent tax on checks be a burden upon the poor and those of small means? will a five-cent tax on single purchases (excepting foodstuffs) of $5? will an excess-profit tax on the lines which i propose? the list of similar queries could easily be continued. the present cost of living is undoubtedly alarmingly high. i believe this condition of affairs, to a certain extent at least, could be alleviated by appropriate measures and that every effort should be made to that end. but a huge increase in the income tax and unwise business taxation will not accomplish this. it will, in fact, rather accomplish the opposite, apart from lessening employment. letters i the income tax dear sir: i fully agree with you in the principle of your conceptions of the duties of moneyed men towards the country. they must be willing not only to surrender such part of their income, indeed of their fortune, as the necessities of the country require, they must be ready not only to relinquish their affairs and to put their time, their energies, capacities and experience at the disposal of the government in time of war, but they must be prepared to offer their very lives if the country calls for them. those are the duties, of course, of every citizen, but they are doubly the duties of those who have won success. i am firmly convinced that capitalists as a class will not fail in them during the war. my article on war taxation was not written with any idea of questioning these manifest and uncontrovertible truths, but solely with the purpose of contributing to the discussion of the taxation proposals certain considerations which i believe to be well founded in economics and history no less than in experience and reason, and the disregard of which would be apt, i think, to lead to consequences gravely detrimental to the commonwealth. the question to which my article addressed itself was not what sacrifices capital should and would be willing to bear if called upon, but what taxes it was fair, reasonable and, above all, to the public advantage to impose on capital, seeing that there is a point at which the country's economic equilibrium would be thrown out of gear and at which the incentive to use capital constructively and productively and to take those business risks which are incident to all business activity, would be killed. i greatly regret if what i said on the subject of canada being free from income tax gave the impression of being a suggestion for the evasion by wealthy men of taxation during the war. the fact that capital is not subject to income tax in canada was, of course, well known to men of wealth. i thought it a point and a fact of sufficient importance as bearing upon our own taxation program to deserve to be made generally known. that this might be considered as either a suggestion or a threat of what capital might do during the war, never, i confess, entered my mind, _for it would, of course, be little short of treason for capital and capitalists to take advantage of canada's propinquity while the war is on._ you speak of the possibility of legislation to prevent this. if capital meant to leave the country to evade taxation, there would have been ample time and opportunity for it to do so during the past six weeks. the price of exchange would indicate if that had been done to any appreciable extent, and proves, as a matter of fact, that it is not being done. if it were being done, i quite agree with you that legislation should be sought to prevent it and to punish the attempt. but i am entirely certain that moneyed men will not think of evading whatever sacrifice may be required of them by their country under war conditions. what i meant to intimate in saying that capital and men of enterprise would seek canada if there was no income tax, or only a moderate one, in that country, whilst america at this time imposed excessive and practically punitive income taxation, was this: capital has a long memory. capital is proverbially timid. i am not referring only to large aggregations of capital but to all capital. i am not referring only to the capital and capitalists of to-day, but to those who accumulate capital by practising thrift and to those who by invention, by conspicuous organizing or other ability, by originality of method, etc., are instruments in the creation of capital and will be, presumably, amongst the future owners of capital. the possessors of capital, present and future, would not easily forget if, in the very first year of the war capital in this country were to be taxed at far higher rates than prevail in any european country after three years of war. even if such extraordinary taxation was removed at once, after the termination of the war, capital would remain disquieted by the fear that the machinery of excessively high income taxation, once used and found easy of motion, might be used again for purposes of a less serious emergency than now exists. those seeking capital for other countries--_and there is bound to be a very keen contest for capital after the war_--would not fail to make use of these arguments. moreover, experience has proved that very high rates of income taxation once adopted, are not easily reduced to the level from which they started. therefore, in the case to which my argument was addressed, _i.e._, unduly high income taxation in this country and no, or only very moderate, income taxation in canada, there can be little doubt that _after the war_ there would be an outflow of capital to canada, and that--which is still more important--men of enterprise, especially young men, will be apt to seek in that and other countries, fields for their activities if the reward of enterprise is too greatly diminished in america as compared to what it is elsewhere. such men would be doing nothing else than what many thousands of american-born farmers have done within recent years in transferring themselves, their capital and their working capacity to canada. _not a single one of the leading european nations, after three years of the most exhausting war, has an income taxation schedule as high as that adopted by the house of representatives; neither republican france, nor democratic england, nor autocratic germany._ of these three countries, england has imposed the highest income taxation; yet, _the maximum rate in england is almost fifty per cent. less than the maximum rate in the house bill. the cabinets in these countries have undergone many changes in the course of the war. they include socialists and representatives of labor._ in the determination of their taxation program, they have had the assistance of the best economic brains in europe. those nations have had far longer experience than we in the science of government financing. yet not one of them has deemed it wise and advantageous to the state to impose rates of income taxation as high as those fixed by the house of representatives. surely, this fact and the economic considerations underlying it, are deserving to be seriously weighed by our legislators. does not the attitude of all the leading countries plainly indicate their recognition of the fact that the action and reaction of excessive income taxation create a vicious circle from which the governments of all belligerent nations even in their extremity have shrunk? and is it not a manifest dictate of reason that such burden of taxation as must be borne should be imposed gradually, as was in fact done everywhere in europe, so as to give to all concerned a chance to adjust themselves to the new conditions, and not with one violent jerk? england imposed her present rate of income and excess profit taxes not in the first year of the war, but started on a much lower scale and by successive steps, in the course of nearly three years, attained the figures now prevailing. we know that man and beast are capable of carrying far heavier weights if the strain is gradually increased than if the whole of the burden is dumped on their backs at once. the same holds good of economic strain. is it not plain that if the unprecedentedly high income taxation of the house bill--exceeding as it does any rates ever imposed by any of the leading nations of the world--is enacted into law, the government will find itself crippled in respect of taxable resources during the second year of the war; the very year which, if the war does last beyond the present one, will presumably be the crucial period. of course, the cost of the war must be laid according to the capacity to bear it. it would be fatuous folly and crass selfishness to wish it laid or endeavor to have it laid otherwise. all i am advocating in effect is that in the public interest not too much be exacted at once, but that by dividing the burden over a reasonable number of years, capital in no one year and especially not during the first year of the war, should be so excessively taxed as to produce an unscientific and dangerous strain. in addition to the concrete factors, there enter into this question certain psychological elements of a somewhat subtle character, but sufficiently definite and potent to be plainly discernible to those who are experienced in dealing with business affairs and with men of business, large and small. i believe an income tax greatly increased over the rates heretofore prevailing, yet keeping within the bounds of moderation, would produce at least as large a total revenue as an exceedingly high one. and the consequences of the economic error of placing too vast a burden direct upon incomes would be more serious, i think, to the people in general than to the individuals directly concerned. the question of the individual is not the principal one. the essential thing is that no undue strain be placed upon that great fund of capital as a whole which is derived from incomes of all kinds. it is this fund which in its turn is one of the vital forces necessary for the normal activities and progress of industry. if that fund is suddenly and too greatly reduced, the effect upon commerce and industry is liable to be abrupt and withering. i yield to no one in my desire to see the burden upon the poor and those of moderate means lightened to the utmost extent possible. i realize but too well that the load weighing at this time upon wage earners and still more perhaps upon men and women with moderate salaries is almost too great to be borne and certainly much greater than it should be. i wish a commission might be appointed, consisting of those best qualified in the entire country, to apply themselves to this most serious, difficult and complex problem, indeed to the entire problem of excessively high prices. i hope they would discover means, if not to remedy the situation entirely, at least to alleviate it. but i am convinced that relief cannot be found in taxation of incomes at rates without a parallel anywhere, and in unduly burdensome imposts upon business activities. i am convinced that certain theories being urged upon congress and the people and to which the house war revenue measure is in part responsive, while doubtless meant to tend and seemingly tending to a desirable consummation, are in fact bound, in their longer effect, to bring about results harmful to the community at large, rich and poor alike. it is only that conviction which has emboldened me to state my views publicly. in doing so i fully realized that i was running the risk of having my action misunderstood or misconstrued, and to be charged with selfishness and lack of patriotism. yet, i feel certain that in the end just recognition of their motives will not be withheld from those who, in defiance of the fleeting popularity of the plausible, venture to point out the dangers of impetuous action, however well intentioned, in the present emergency, and to urge that moderation and that regard for the lessons of history and of economics which can be left aside only at the peril of the general welfare. very faithfully yours, (_signed_) otto h. kahn p.s.--that you or any one else should even for a moment attach credence to the monstrous suggestion that capitalists fomented america's entrance into the war because they feared that otherwise the amounts loaned by them to the allies might be jeopardized or lost, is a truly distressing manifestation of the willingness of some of our people--i trust not many--to believe evil of men simply because they have been materially successful. leaving aside the cruel injustice of such an imputation, it attributes to moneyed men a degree of stupidity and of ignorance as to their own interests, of which they are not usually held guilty. america loaned to the allied nations, prior to our entrance into the war, roughly speaking, $2,000,000,000, of which sum all but a small fraction was loaned to england and france. these loans were made almost entirely in the shape of bond issues which were widely distributed amongst individuals and institutions throughout this country. therefore, no very large portion of the aggregate is in the hands of any one person or institution. to any one acquainted with financial affairs it is absolutely inconceivable that england or france would have defaulted on the relatively moderate amount of their foreign debt, whatever might have been the outcome of the war, if america had not joined. let us grant, for argument's sake, the wildly far-fetched supposition that in one way or another their internal debt might have become affected; it would still be utterly inconceivable that they would have permitted a default in their foreign debt, because it is, of course, suicidal for any nation to jeopardize its world credit. but let us go still a step further and assume, in defiance of all reason, that even this totally inconceivable thing were to have happened. it would have meant, of course, not a total and irrecoverable loss to the holders of obligations of the allied countries, but merely a more or less temporary shrinkage of the value of such holdings. _a single year's war taxation will take out of the pockets of capitalists a great deal more than they could possibly have lost through depreciation in value of such amount of allied bonds or loans as they may hold._ if you add to these considerations the circumstance that, owing to the intervention of our government in financing and otherwise providing for the allies, the commissions and profits of those who have heretofore dealt with the allies will be largely cut off; that business will, quite rightly, be subjected to a large excess profits tax; that capital for years to come will have to pay increased taxes to provide for the debt incurred through the war, for pensions, etc.; if you will reflect on these and various other patent considerations, you will realize that any rich man, fomenting for selfish reasons our entrance into the war, would be a fit subject for the immediate appointment of a guardian to take care of him and of his affairs. ii _the actual return upon taxable and tax-exempt securities_ dear sir: your letter indicates that you do not sufficiently realize the enormous advantage in interest yield which under the income tax schedule as fixed in the house bill is possessed by tax-exempt securities as compared to taxable securities, especially, of course, in respect of large incomes. permit me to call your attention to the following eloquent facts: the yield of tax-exempt securities at prevailing prices ranges from 3-1/2% to nearly 4-1/2%. _under the rates fixed in the war revenue bill as it passed the house of representatives, a taxable 6% investment_ would yield: per annum 2.28% on incomes over $2,000,000 2.34% " " " 1,500,000 2.40% " " " 1,000,000 2.69% " " " 500,000 2.97% " " " 300,000 3.26% " " " 250,000 3.54% " " " 200,000 3.90% " " " 150,000 4.20% " " " 100,000 or, to put it in another way, the investment in 3-1/2% "liberty bonds" is thus equivalent to investing in a taxable security yielding: per annum 9.21% in respect of incomes over $2,000,000 8.97% " " " " " 1,500,000 8.75% " " " " " 1,000,000 7.82% " " " " " 500,000 7.07% " " " " " 300,000 6.45% " " " " " 250,000 5.93% " " " " " 200,000 5.38% " " " " " 150,000 5.02% " " " " " 100,000 the investment in, say, new york city bonds, being tax-exempt, at their present yield of 4.20%, would represent the following rates of income as compared to investments in taxable securities: per annum 11.05% in respect of incomes over $2,000,000 10.76% " " " " " 1,500,000 10.50% " " " " " 1,000,000 9.38% " " " " " 500,000 8.48% " " " " " 300,000 7.74% " " " " " 250,000 7.12% " " " " " 200,000 6.46% " " " " " 150,000 6.02% " " " " " 100,000 of course, all these figures hold good only for the period during which the proposed rates of income taxation would prevail. as the income tax rate decreases, the yield from tax-exempt securities diminishes proportionately. the volume of tax-exempt securities at present outstanding, including the new "liberty loan," is estimated at not less than $8,000,000,000. the ability of corporations to find a ready market for their securities is a prerequisite for the continuance of business prosperity or, indeed, of adequate business activity. i need not elaborate the effect which the comparison of the income yield from tax-exempt securities as against taxable securities under an excessively high income tax schedule--even if confined to larger incomes--must necessarily have upon the eligibility of corporate securities for investment purposes. the conclusion seems unescapable that the resulting degree of disinclination to invest in such securities coupled with the impulse to dispose of existing holdings would bring about liquidation, severe shrinkage of values and more or less pronounced demoralization in the investment market--a condition of things which could not fail in a measure to affect adversely the country's business in general, and which could only partially be counteracted by government expenditures, however large. as to your observations concerning the principle of tax-exempt issues, i believe the government acted wisely, considering all the elements of the situation, in making its first great war issue, the liberty loan, tax free. but in the face of the figures above quoted, the question naturally presents itself whether our traditional policy of making government issues tax-exempt should not be discontinued, which, of course, would mean that a materially higher rate of interest than 3-1/2% would have to be paid for government borrowing. in theory, it seems to me, there can be little doubt that the balance of arguments is against the tax-exemption of government loans. as an abstract proposition little can be said, i think, in favor of a policy the effect of which gives an advantage to the rich and well-to-do, militates against the widest possible distribution of government issues amongst the people, tends to facilitate governmental extravagance by concealing the true cost and establishes a fictitious basis of national credit. thus, for instance, on the $1,000,000,000, or thereabouts, which our government has loaned to the allies at 3-1/2% interest, it is losing money, because, whilst it nominally borrows this money through the liberty loan at 3-1/2%, the cost to it is actually considerably higher because it loses the revenue which would accrue to it from the income tax if the bonds were not tax-exempt. let me add that i do not wish to be understood as suggesting that our government should charge to the allied nations more than the nominal rate at which it is borrowing. they have been fighting these three years and bringing unheard of sacrifices for a cause which we have recognized to be ours no less than theirs, and if we loan them money somewhat below its actual cost to us that item weighs but very lightly in the scale, especially also if we consider the immense monetary profits which our country has reaped from the sale to them of munitions, material and supplies. however, as against the theoretical objections, some of which i have mentioned, to the tax-exemption of government loans, there are certain "imponderabilia"--things which cannot be exactly weighed--in favor of a low rate of interest for government borrowing, even if the lowness of the rate is to an extent fictitious. there are also certain practical reasons for the maintenance of our traditional policy, and various concrete facts which must be taken into account. for instance, there is the problem of how to deal with the situation that might result from the withdrawal of deposits from savings banks and similar institutions, which probably would be liable to occur in case the government offered a bond issue at the higher rate it would have to fix if the inducement of tax-exemption were removed. there is the problem of the existence of billions of municipal and state securities which offer to the holder the privilege of freedom from municipal, state _and federal_ taxes. i understand that it is the consensus of opinion of our leading lawyers that under the legal theory which treats such issues as "instrumentalities of government" that privilege cannot be abridged and that congress has no constitutional power to tax state and municipal issues. if state and municipal issues to be made during war time retain the feature of being free from taxation, can the federal government afford to make its war loans taxable, and thereby place itself in a position where it would have to borrow under conditions which would put it and its credit at a disadvantage as compared to state and municipal issues? the problem is a complex one altogether and, like all economic questions, requires to be approached in a dispassionate spirit, giving due consideration to the reasons for and against. the temper of the stump speaker is not appropriate for dealing with taxation problems. let me add, in conclusion, that i fully agree that it is "sheer fiscal stupidity" and "socially inexpedient as well" to permit "mushroom fortunes" to be built out of war profits. i believe there ought to be imposed a large excess war profits tax on the english model upon a fair and well conceived average basis of earnings so calculated as to take account of the vast difference in the country's industrial plant to-day and before the european war. such a tax may not be entirely free from objections in theory, but from the social and moral point of view it is, i am convinced, thoroughly sound and proper and called for. appropriate taxation of excess profits, together with an adequately though not exorbitantly heavy income tax would go a long way to prevent the enrichment of a class through the calamity of war, without at the same time affecting wages or laming the enterprise and business activities of the country. yours very truly, (_signed_) otto h. kahn [transcriber's note: every effort has been made to replicate this text as faithfully as possible, including obsolete and variant spellings and other inconsistencies. text that has been changed to correct an obvious error is noted at the end of this ebook.] 1797 a century in the to comptroller's 1897 office state of new york by james a. roberts comptroller albany james b. lyon, printer 1897 [illustration: _state hall_] a century in the comptroller's office. on the 17th of february, 1897, occurred the one hundredth anniversary of the establishment of the office of comptroller of the state of new york. the present incumbent of the office trusts it will not be considered unwarranted pride which has led him to collect and transcribe, in honor of its one hundredth birthday, such general facts relating more or less directly to the office, or to the former incumbents thereof, as he has gathered from unsystematic reading and in the performance of his duties. an office which has without scandal managed the financial affairs of this great state, and has otherwise borne a conspicuous part in its government for a century; an office from the thirty incumbents of which have been chosen a vice-president and a president of the united states, two united states senators, four governors of the state, one chief justice and one chief judge of its court of appeals--to say nothing of others who have achieved distinction in less conspicuous civil positions--would seem entitled to something more than a passing notice on its centennial anniversary. the office, as created, and from time to time enlarged, is a unique feature in our state government. there are auditors in nearly all of the states of the union; but the duties of comptroller are far broader, comprehending largely the ordinary duties of a state treasurer as well as many others. there had been auditors in the colony of new york from 1680 down to the time of its organization as an independent state, and that office was continued in the state until it was merged in the office of comptroller. there have been treasurers of new york with varying duties from 1706 down to the present time. from the time of the organization of the state government the offices of treasurer and auditor had not been found to work harmoniously or satisfactorily. bills might be audited which the treasurer did not wish to pay, and the treasurer might wish to pay bills which the auditor would not pass, so in a tentative, experimental way in 1797 the office of comptroller was created to combine the power to audit and the power to pay. the act creating it was framed by samuel jones, a man of note in his time (for whom samuel jones tilden, the distinguished governor of this state, was named), and on the 17th of february, 1797, it became law by the signature of that distinguished patriot, governor john jay. [illustration: samuel jones (signature) _1st comptroller_] the appointment of comptroller upon the creation of the office fell to the "council of appointment," as was the case at that time with all state, county and municipal officers, except the governor, lieutenant-governor and members of the legislature. the "council of appointment" was an anomaly in government. the article (xxiii of the constitution of 1777) establishing this "council" was framed by three as pure, patriotic and disinterested statesmen as new york has ever produced, john jay, robert r. livingston and gouverneur morris, and was designed to prevent a dangerous centralization of power in the hands of the governor. it provided "that all officers, other than those who by this constitution are directed to be otherwise appointed, shall be appointed in the manner following, to wit: the assembly shall once in every year openly nominate and appoint one of the senators from each great district" (then four in number), "which senators shall form a council for the appointment of officers, of which the governor, for the time being, or the lieutenant-governor, or the president of the senate (when they shall respectively administer the government), shall be president, and have a casting vote, but no other vote." under the power thus conferred this council appointed the heads of the various state departments; all judges, as well as justices of the peace, district attorneys, sheriffs, county clerks, mayors, and other officers throughout the entire state. the cautious and anxious gentlemen who framed this provision in 1777 could by no means have foreseen the disastrous and disgraceful spoils system that grew up under it. it remained in full effect until a disgusted people abolished it by an amendment to the constitution in 1821. at that time its power had so grown that there were 6,663 civil and 8,287 military offices which it controlled. the modern political boss must experience a feeling of profound regret as he realizes that this rich harvest can no longer be garnered by his sickle. chapter 21 of the laws of 1797, which created the office of state comptroller, provided, among other things, that "all matters and things theretofore required to be done by the auditor of the state should be done by the comptroller, and that the salary and wages of all legislative, executive, judicial and ministerial officers of the government of this state, and all moneys directed by law to be paid to any other person, should be paid by the treasurer on the warrant of the comptroller;" that the comptroller should keep an account between the state and the treasurer; that he might lend out moneys in the treasury not otherwise appropriated, and that when money was directed to be paid, and not sufficient money in the treasury to satisfy the same, he might "in the name, and on behalf of the people of this state, borrow a sum sufficient for that purpose of a bank of new york, or bank of albany." thus the important powers which have distinguished the comptroller's office--the power of audit; to draw warrants for all payments from the treasury; to keep its books of financial transactions; to invest its funds, and to borrow money--were embodied in the first act. the powers thus granted infringed so largely upon the ordinary rights and duties of a treasurer, and so largely upon those which had been theretofore exercised by the treasurer of this state, that it is not strange the then treasurer, gerardus bancker, who had held the office from april 1, 1778, resigned in disgust. his feeling was, as lossing has stated in his "empire state," that the comptroller was made "the highest financial officer of the state, and the treasurer merely a clerk to him." [illustration: john v. henry (signature) _2d comptroller_] the early history of the office is an illustration of the cautious and doubtful temper of the legislatures of the time--so unlike those of the present day. it is a well-known fact that while the legislature of the state met for the first time at albany, in the same year, 1797, in which the office of comptroller was created, it was not then made a permanent location for the capitol; and that city was maintained for upwards of twenty years as the capitol simply by the adjournment of the legislature at the end of each session to meet again at the city of albany. the original act creating the comptroller's office provided that it should continue in force for a period of three years. on the 28th day of february, 1800, eleven days after the office had expired by limitation, chapter 11 of that year went into effect, which re-established the office for another period of three years. chapter 22 of the laws of 1803 extended the office, with the powers and duties then prescribed by law, to february 28, 1805. by chapter 60 of the laws of 1805, passed march 30th, the office was continued to february 28, 1808, and the acts of the then comptroller, between the 28th day of february, 1805, and the day when this act went into effect, were ratified and confirmed. on march 11, 1808, chapter 34 of that year was passed, which continued the office to february 28, 1812, with a like confirmatory clause. the act of february 28, 1812, at last made permanent the comptroller's office, with the powers theretofore conferred upon it. by chapter 31 of the laws of 1797 the office of comptroller was to be located either in albany or watervliet. the council of appointment chose for the first comptroller samuel jones, of oyster bay, queens county. this was done by the casting vote of governor john jay, the four senatorial members of the council being a tie. he was a lawyer of high standing at the time of his appointment, a federalist in politics, and had held with credit a number of civil positions. in 1775 he had been a member of the provisional war committee, and had performed arduous services on that committee. he was a member of the convention that adopted the federal constitution, and voted for it. he was a delegate to the continental congress in 1778; a member of assembly from queens county in 1786, 1787, 1788, 1789 and 1790; a state senator from the southern district from 1791 to 1799. the honors which he had won and worthily worn were supplemented in his son who, as the chancellor of this state (succeeding nathan sanford and succeeded by reuben h. walworth), and as chief judge of the new york superior court, won for himself enviable renown in our legal annals. comptroller jones was the author of the "act for the amendment of law and better advancement of justice," passed in 1789, which was a valuable contribution and addition to our law. he was also the author of many other of the best statutes placed upon our books in those early years. he was distinguished throughout his career as an upright and useful man, though he was sometimes accused of a little uncertainty in politics. he is said to have replied to a question from judge spencer as to how he managed to secure his elections from queens county whatever party might be in the ascendant, that "if my troops will not follow me, i follow my troops." the comptroller's salary was fixed by the act at $3,000, and this was to include all clerk hire and ordinary expenses connected with the office. in 1800 the compensation was reduced to $2,500, and in consequence of this action mr. jones resigned the office. he had faithfully performed its duties, and his resignation terminated his public career. [illustration: elisha jenkins (signature) _3d comptroller_] during his term, in 1799, the legislature prohibited the payment of any money from the treasury except upon the warrant of the comptroller, and required all receipts to be countersigned by him, and this has remained a part of the duties of the comptroller from that time to this. on march 12, 1800, john v. henry, an eminent albany lawyer and a federalist, was chosen comptroller. there are some still living who know, at least by oral tradition, his great influence at the bar, and albanians have a just pride in his high reputation. he was a member of the convention called in 1801 principally to settle the question whether the governor alone could nominate persons for appointment, or whether that power also lay in the senators composing the council of appointment. he was a member of assembly from albany county in 1800, 1801 and 1802. during his term, by chapter 61 of the laws of 1801, the comptroller was made _ex-officio_ a member of the state board of canvassers, and by chapter 69 of the same year he was made one of the commissioners of the land office. in 1801 the legislature also directed the comptroller to sell lands for the payment of taxes due to the state, and this power, variously modified and enlarged, still remains in him. under it sales were held in 1808, 1811, 1812, 1814, 1815, 1821, 1826, 1830, 1834, 1839, 1843, 1848, 1853, 1859, 1866, 1871, 1877, 1881, 1885, 1890 and 1895. in 1800 the legislature authorized the comptroller to settle the credits of the state with the secretary of the treasury of the united states. the moneys derived from this source formed the basis of the general fund. the comptroller was made the custodian of this fund with power to invest it. the fund was augmented from sales of land and other sources until, in 1814, it had reached the sum of $4,396,943.97. the income of the fund together with the salt and auction duties, it was believed, in the early part of the century, would be sufficient to maintain the government. and from 1814 to 1842 no money was raised in this state by direct taxation except during the years in which the erie and champlain canals were in process of construction. to avoid a direct tax, however, it had been found necessary from time to time, to draw on the principal of the fund, and in 1834 it disappeared altogether and with it the bright dream of our forefathers of a commonwealth without taxation. before the adoption of the constitution of 1846 the fund had been succeeded by a general fund debt of $5,992,840.82. this was increased before the breaking out of the civil war to a total of $6,505,684.37. this was the high-water mark of the general fund debt if we do not include in it the bounty debt of 1865. the constitution of 1846 made provision for a sinking fund to meet this debt and its management and investment were intrusted to the comptroller. in this way the last of the debt was paid in 1878. [illustration: arch. mcintyre (signature) _4th comptroller_] mr. henry was removed from his office august 10, 1801, by reason of political changes in the council of appointment, and he then and there renounced politics forever. at the time of his death, in 1829, the leading albany paper of the period spoke of mr. henry as "the idol of his friends; the ornament of his native city; the pride of the bar; the eloquent defender of the oppressed." henry's successor in office was elisha jenkins, a merchant and a democrat (or republican as the party was then called) of hudson, who held the office from august 10, 1801, to march 26, 1806. previous to his appointment as comptroller he had served as member of assembly from columbia county for the years 1795 to 1798. after his service as comptroller he served three different periods as secretary of state, to wit: from march 16, 1806, to february 16, 1807; from february 1, 1808, to february 1, 1810, and from february 1, 1811, to february 23, 1813. during his term as comptroller there was a defalcation in the office of treasurer, then held by robert mcclellan, and a more rigid system of testing the correctness of accounts was adopted, many features of which still survive. there was not much legislation affecting the office passed during the period of his incumbency; but the work of the office would seem to have been done in a systematic and business-like manner. [illustration: john savage (signature) _5th comptroller_] mr. jenkins was succeeded by archibald mcintyre, a democrat of the clintonian order, of albany, who, besides the reputation of a most excellent officer, has left behind him the record of a term of service in the office longer than that of any person who has filled it. he was appointed on march 26, 1806, and continued in office until february 12, 1821. he had previously served as member of assembly from montgomery county for the years 1798, 1799, 1800, 1801, 1802 and 1804. the duties of the office had so far increased in 1811 as to render necessary the services of a deputy, and by chapter 78 his appointment was authorized, with substantially the same limitations which now exist. he cannot sign warrants so long as the comptroller is within the state; nor can he act on the various boards. comptroller mcintyre in 1817, under legislative authority, procured the aggregate valuation of the real estate in the several towns and wards of the state. by chapter 262 of the laws of 1817 the board of commissioners of the canal fund was created, and the comptroller made, _ex-officio_, a member of that board. this act contained a curious provision to the effect that a majority of the commissioners, with the comptroller, constitutes a quorum. no quorum of that board has ever been possible without the presence of the comptroller. this board, from that time to 1848, received and disbursed all canal moneys, audited the canal accounts, and in general transacted the financial business of the canal department. in 1848 the canal funds were turned over to the treasurer and made subject to the warrant of the canal auditor. by his audit and warrant all accounts against the canals were paid; the management of the canal debt and sinking fund remaining, as before, in the commissioners of the canal fund. in 1883 the duties devolving upon the canal auditor were transferred to the comptroller's office. the majority of the commissioners of the canal fund signed all checks on canal account prior to 1848. since 1883, the commissioners of the canal fund have had no duties to perform except to designate banks for the deposit of canal funds, and, ordinarily, to supervise the issuing of canal bonds. the first canal debt bonds were issued in 1817 under legislative authority, and their disposition and the management of the sinking fund which was provided for their payment were put in the hands of the commissioners of the canal fund. the amount of the debt that year was $200,000. as the canal system was extended, and later when the canals were enlarged, this debt was from time to time increased until in 1860 it reached the sum of $27,107,321.28. from that time it continuously decreased through the payments to, and the application of, the sinking fund, until on the 1st day of october, 1893, the last of this, the last bonded debt of the state, was paid. something of financial history may be learned from a study of the rates of interest paid on these loans to the state. on the loan of 1817 the rate of interest was six per cent. from 1820 to 1830 the highest rate was six per cent and the lowest, five. from 1830 to 1840 a rate of five was sufficient. from 1840 to 1850 the rate advanced, the lowest being six and the highest seven per cent, the latter rate being in about 1842, the period of uncertainty as to the state's financial policy. from 1850 to 1860 the rate again fell to five and six per cent. in 1861 a small loan was made at seven. from 1870 to 1880 the rate was six per cent. this was the last of the old canal loan. by vote of the people in 1895 a loan of $9,000,000 was authorized to be used in the enlargement of the canals. the amounts thus far borrowed under that authority have been at the rate of three per cent. [illustration: w. l. marcy (signature) _6th comptroller_] perhaps the most notable circumstance of comptroller mcintyre's term, and certainly one of the most notable in the whole history of the office, was his controversy with daniel d. tompkins. during the war of 1812 governor tompkins had been the agent both of the state and of the national government, and in this dual capacity he had received and disbursed very large sums of money. for much of this money he had taken, or could produce, no vouchers, and, consequently, in 1819 he stood upon the comptroller's books a debtor, if not a defaulter, to the state in the large amount of $120,000. he claimed, and his friends claimed for him, that he had honestly disbursed all the money that he had received, and that the apparent deficit was due to his acknowledged unbusiness-like methods, and in his failure to keep books of account, and to take vouchers. he was then vice-president of the united states, and it was thought by the "bucktail" republicans that he was the only man who, in the state election of 1820, could beat governor clinton for re-election. this unsettled balance, which had been standing for several years on the books of the comptroller, was a serious obstacle to the execution of their plan. accordingly, the legislature of 1819 passed an act requiring the comptroller to settle the residue of the accounts of governor tompkins, and in the settlement to allow him the same premium on the amount of money borrowed by him "on his own responsibility" as was allowed others for like service; and further requiring the comptroller to credit the governor with sums paid by him, legally, to any person, and to call upon such persons to account for the money. contrary, it was said, to what had been understood by those who had been instrumental in passing the act of 1819, vice-president tompkins, instead of presenting a claim for premium merely sufficient to offset the claim of the state against him, presented one for $250,000, and supported this claim by opinions both of experts and lawyers. this bill furnishes a commentary on the credit of the state in the perilous times of the war of 1812, or perhaps upon the value of the services of financial agents at that time. the brokerage charged by governor tompkins was at the rate of twenty-five per cent. the comptroller, feeling that this was not the legislative intent, and ever watchful as he was of the state's interests, declined to allow the claim, on the ground that the governor had not borrowed the money "on his own responsibility," but on the joint responsibility of the state and himself. the comptroller offered to submit the soundness of his position to the judges of the supreme court, and to join with the judges, if it was desired, the chancellor or the attorney-general. but this mr. tompkins declined on the ground that all of these proposed referees were politically hostile to him. correspondence relating to the matter, and marked by great bitterness of tone, took place between these eminent officials; and in this the comptroller showed not only a familiarity with accounts, but a facility with the pen, which was a surprise to those who had not known him intimately. this matter occupied much of the attention of the legislature for two years, and gave rise to protracted and animated debates, and there is no doubt that it entered largely into the defeat of governor tompkins by clinton in 1820. the controversy was finally settled under an act of the legislature of 1820, which directed the comptroller to balance the accounts upon the filing of a release from governor tompkins of all his claims against the state. it had required no small amount of courage for comptroller mcintyre to engage in a trial of strength with this idol of the state. daniel d. tompkins was four times elected governor of the state, and twice elected vice-president. he was a man of great personal magnetism; with large abilities, and he held a place in the affections of the people of this state which has scarcely been equaled by any of our citizens since his time. [illustration: silas wright jr (signature) _7th comptroller_] [illustration: a. c. flagg (signature) _8th comptroller_] at no time in the history of the state has the comptroller's office been more ably filled, and occupied a more prominent position, than during the administration of archibald mcintyre. he had the unbounded confidence of all, and although there were several councils of appointment during his term of service which were hostile to him, no one seems to have thought of removing him. he was regarded as a public servant whose services could not well be spared to the state. he was held in a measure responsible for the defeat of governor tompkins, and, although clinton was elected, the legislature and the council of appointment were decidedly hostile both to clinton and to him, and on february 12, 1821, mr. mcintyre was removed, and john savage appointed in his place. his removal would have created far greater dissatisfaction than it did, although the dissatisfaction was considerable, had not his successor been a man of concededly great ability. mr. mcintyre was, the year of his removal, nominated as the clintonian candidate for senator from the middle district, and, although strenuous efforts were made to defeat him, he was elected by a substantial majority. in 1822 he was, with john b. yates, appointed agent for the state lotteries. the constitution of 1821 had forbidden any further lotteries within the state, and authorized the legislature to pass laws preventing the sale of tickets except in the lotteries already established by law. these were mostly instituted under the law of 1814 for the purpose of aiding literary institutions. by the act appointing him, the agents were invested with sole authority to issue and sell all lottery tickets which, for the future, were to be issued to pay some hundreds of thousands of dollars due various institutions. the legislative intent was carried out by the agents to the satisfaction of the beneficiaries, and also with satisfactory pecuniary results to the agents themselves. upon his retirement from his agency mr. mcintyre was able to withdraw both from politics and business. one would hardly expect to find in the books of account in the comptroller's office anything in the nature of a history of morals, but the receipts from various lotteries forms a no inconsiderable part of the receipts of the state for a number of years. this opens up a view which almost shocks modern sensibility. lotteries were not only authorized by the state, but they were in the main devoted to beneficent purposes. union college owes no inconsiderable part of her early usefulness to money derived from state lotteries. indeed, the institution of state lotteries in new york may almost be attributed to the efforts of that truly great and good man, the rev. dr. eliphalet nott. the first moneys ever appropriated by new york for the purposes of free schools were raised by lottery. john savage, of salem, a lawyer, and a democrat of the "bucktail" stamp, was the fifth comptroller, and at the time of his appointment he was not new to public life. he had been district attorney of the fourth district from 1806 to 1811, and again from 1812 to 1813; member of assembly from washington county in 1814, and member of the fourteenth and fifteenth congresses. he rounded out his official career with eight years (from 1823 to 1831) of honored service as chief justice of the supreme court. as a public official it has been said that "he exhibited candor, industry, caution and excellent judgment." no higher qualities can be given to any official. later in life the positions of chancellor and treasurer of the united states were offered to him but declined. during his term of office there was no substantial change or enlargement of the powers and duties of the office, aside from the power given to invest money belonging to the common school fund. the common school fund had its origin in 1805, and was, as the determination for free schools became more manifest, an application to a school system of the utopian vision of the makers of the state, who sought to pay all the expenses of maintaining the government by interest from its invested funds. the common school fund has, unlike the general fund, steadily increased. by the act of 1805 the proceeds of the first 500,000 acres of vacant and unappropriated land sold by the surveyor-general were appropriated as a permanent fund for the support of common schools. other sources of revenue were from time to time turned into this fund, until from its small beginning of $58,757.24 in 1805, it has now productive investments aggregating $4,448,140.77. it is a noteworthy fact that no direct tax for school purposes was laid by the state until 1853, the interest of the fund alone being appropriated. how small a portion the income plays in maintaining the schools of the state to-day can be seen in the fact that the state for the year 1896 appropriated for educational purposes $4,970,134.53, and this is not a quarter of the amount expended in the state for the purpose of free schools, when the local contributions are taken into account. judge savage was the last comptroller who owed his selection to the council of appointment. [illustration: bates cooke (signature) _9th comptroller_] the constitutional convention of 1821, in deference to strong public demand, had abolished that disgraceful anomaly, and by section 6 of article 4 had provided that "the secretary of state, comptroller, treasurer, attorney-general, surveyor-general and commissioner-general shall be appointed as follows: the senate and assembly shall each openly nominate one person for the said offices respectively; after which they shall meet again, and if they shall agree in their nominations the person so nominated shall be appointed to the office for which he shall be nominated. if they shall disagree, the appointment shall be made by the joint ballot of the senators and members of assembly. the secretary of state, comptroller, treasurer, attorney-general, surveyor-general and commissioner-general shall hold their office for three years, unless sooner removed by concurrent resolution of the senate and assembly." [illustration: john a. collier (signature) _10th comptroller_] the legislature, on the 13th day of february, 1823, elected, in the manner provided by law, william l. marcy, a lawyer and a democrat, of albany, to succeed savage. there was a contest in the caucus over his nomination, his opponent being genl. james tallmadge, a man of conspicuous ability and influence in the senate. the power of mr. van buren, however, turned the scale in mr. marcy's favor. the only public position which he had previously held was adjutant-general, but from that time on his name is closely linked with the history of the state and union. he was comptroller for six years, judge of the supreme court for two years, and united states senator for two years. he was three times elected governor, and defeated in his fourth run for that office by william h. seward. he was appointed secretary of war by president polk in 1845, and secretary of state by president pierce in 1853. he had for years, under mr. van buren, been a leader of that most influential political body which has become known to history as the "albany regency." the remaining members are understood to have been at that time silas wright, azariah c. flagg, edwin croswell, john a. dix, james porter and benjamin knower. the records of the state show that these men, while building up a compact and powerful political organization, did not neglect their own personal and political advancement. one of the vouchers in the comptroller's office played a prominent part in the last of mr. marcy's gubernatorial campaigns--a circumstance which, thurlow weed says, mr. marcy pronounced the most disagreeable of his entire public career. while serving as supreme court judge, and on circuit in niagara county, he included in his bill of expenses an item as follows: "for mending my pantaloons, 50c." in the seward campaign thurlow weed, then the editor of the albany _evening journal_, learned of this fact and published the story. it was taken up by the press generally throughout the state, and mr. marcy, with all his fine organization and numberless friends, found himself for the time being, like spain's chivalry, "laughed away." [illustration: millard fillmore (signature) _11th comptroller_] the item, however, exhibits the scrupulous exactness of the man. instead of presenting the bill with an indefinite amount of incidentals, he itemized it thus particularly to his own disadvantage; but, as mr. weed afterward admitted, it was a credit to his honesty. it was during mr. marcy's term that much of the work on the erie canal was done, and the careful scrutiny which the bills for this work received was largely instrumental in keeping the cost within the estimates. he took ground as chief financial officer of the state against the construction of the chenango and genesee valley canals, for the reason that these canals would not, in his judgment, pay the expenses of maintenance and the interest on the debt which would be incurred in their construction. while friends of the measures endeavored to convince the legislature that the comptroller was wrong in his calculation, the result, when these works were finally completed, fully justified the comptroller's view. as governor he made some friends, and more enemies, by adhering to the same careful course he had maintained as comptroller. in 1826 the legislature created the canal board, and the comptroller was made _ex-officio_ a member of it, and he has continued to act as such member down to the present. on the 27th day of january, 1829, the legislature elected as the successor of mr. marcy a man who, in his time, made a great impression upon state and national politics--silas wright, of canton, a lawyer and a regency democrat. he had previously been surrogate of st. lawrence county, state senator from the fourth district for the years 1824, 1825, 1826 and 1827, and a member of the twentieth and twenty-first congresses. in the latter position he had achieved considerable reputation. after his five years' service as comptroller he held with high honor, for nearly twelve years, the position of united states senator. during the term of mr. van buren as president he was considered to voice the administration in his public utterances. he served faithfully and intelligently upon some of the most important committees. he resigned to take the office of governor, which office he held in 1845 and 1846, and was defeated for re-election by john young in november, 1846. mr. wright continued the careful and conservative policy of his predecessor as to expenditures. he took strong ground against the numerous and extensive raids on the treasury which were then organized. his reports were always plain, business-like papers, which set out in intelligible language the consequences of the rapidly-increasing expenses. mr. wright in many ways was a remarkable man. the public positions which he held were varied, and it was a great test of his adaptability to be able to fill the duties of these various positions with much more than ordinary success. in 1831 the financial law of the state was revised, and the provisions relating to the powers and duties of the comptroller were codified and arranged. [illustration: w. hunt (signature) _12th comptroller_] upon his election as united states senator mr. wright resigned and was succeeded by azariah c. flagg, of plattsburgh, a lawyer and a regency democrat, who was elected on january 11, 1834. he had been a member of assembly from clinton county in 1823 and 1824, and held the office of secretary of state from 1826 to 1833. he had run counter to public opinion in 1823 as the leader of the assembly opposition to the electoral law--a law designed to give to the people directly the power of chosing the presidential electors, instead of leaving that power vested in the legislature, as had been the law theretofore. the albany regency had determined to prevent any change, and succeeded in warding off legislative action. the measure, however, met the cordial approval of the people, and that fact, together with the removal of governor clinton as canal commissioner--a position in which his uncompensated services had been of the greatest value--swept clinton, whose political fortunes then seemed at their lowest ebb, triumphantly into the gubernatorial chair. but it was a principle of the albany regency, and of martin van buren, then at its head, never to forget a man who had fallen or suffered in their service; and it was in reward for mr. flagg's unpopular opposition to the electoral bill that in 1826 he was chosen secretary of state. mr. flagg has the distinction of having served longer as comptroller than any other incumbent of the office, with the exception of archibald mcintyre. he held the office from january 11, 1834, to february 4, 1839, and again from february 7, 1842, to november 7, 1847. during his first term he was a member of the commission for the erection of the state hall, and that building still stands as a monument to the commission's good judgment in architecture, and in the adaptation of means to an end. upon the completion of the state hall the old state hall, corner of lodge and state streets, was sold by the commission. by chapters 2 and 150 of the laws of 1837 the comptroller was made the custodian of moneys received from the united states, since known as the united states deposit fund. theoretically this money was not given to the several states, but was to be subject to repayment whenever called for. the national government will hardly, at this late day, call for these moneys. if it did not feel compelled to do so in the trying financial straits of the war it is not likely that it will do so in times of peace. but these moneys have always been kept as a separate fund, substantially as required by the act of 1837, and the principal, through all changes of, and losses from, investment, has been kept intact. [illustration: p c fuller (signature) _13th comptroller_] by chapter 260 of the laws of 1838 the comptroller, to guard against counterfeiting, was authorized and required to have engraved and printed in the best manner, circulating notes to be issued to the incorporated banks of the state, and to countersign the same; and a system was inaugurated for the deposit of securities in the comptroller's office which should be a guaranty for the notes issued by the banks--a system very similar to that later adopted by the united states for national banks. one feature which would be regarded as a most unwise one to-day formed a part of this plan; the banks were authorized to deposit one-half the security in bonds and mortgages. the bill also provided that banking associations should file with the comptroller a semi-annual report of the transactions of the bank. this was practically the inauguration of the supervision of the banks, which was later transferred to the banking department. the legislature had, in 1829, at the time of the creation of the safety fund, authorized the appointment of three bank commissioners, whose duty it was to visit the banks, examine their condition, and report to the legislature. the office of bank commissioner was abolished in 1843, and the power of supervision possessed by them was then transferred to the comptroller, and he continued to retain that power until 1851, when the banking department was created. it was during mr. flagg's first term that the great financial panic of 1837 took place, and the state's financial condition at that time was not all that might be desired. there was a large debt, mostly incurred in the construction of canals. the revenues had very much decreased, and a new way of raising funds must be used to meet the liabilities of the state and maintain her credit. matters financial in the state went from bad to worse. in 1842, after long debate, the legislature passed an act authorizing the laying of a tax of one mill upon every dollar of real and personal property in the state, and pledging the revenues of the state for the payment of its liabilities, and suspending all public work, except where great loss would come to the state by such suspension. in this manner the credit of the state was made secure and its obligations met. this act was prepared and advocated by mr. flagg. the significance of this legislation is found largely in the fact that from 1826 to 1842 no state tax for general purposes had been required. [illustration: j. c. wright (signature) _14th comptroller_] the long lease of power which the democrats had held in this state was broken in the fall of 1838 by the combined efforts of the whigs and anti-masons, and, accordingly, on the 4th of january, 1839, mr. flagg was removed, and bates cook, of lewiston, a lawyer and an anti-mason was chosen by the legislature in his place. mr. cook's only previous official service of note had been as member of the twenty-second congress. his appointment was largely due to the influence and representations of william h. seward, then the governor, and thurlow weed. he had been associated with these gentlemen in the prosecution of the abductors of william morgan, and, like mr. seward and mr. fillmore, received his political start from anti-masonic influence. mr. cook soon had an opportunity to show mr. weed his appreciation of the favor done him. chapter 1 of the laws of 1840 authorized the comptroller and secretary of state to enter into a contract with thurlow weed to do the printing for the legislature, executive offices and various boards, at prices not exceeding ordinary prices in albany. this seems to have been the first time these officers were intrusted with this responsibility, and it was not until 1846 that the general power was definitely conferred upon them. subsequent legislation has added to the printing board then created the attorney-general, so far as legislative printing is concerned; but as to department printing, the secretary of state and the comptroller are still clothed with the authority of letting the contract. by chapter 295 of the laws of 1840 the comptroller was assigned quarters in the state hall, together with the other state officers, and that building was made the headquarters of the canal board, and there both still remain, although the comptroller, from time to time, as the needs have compelled, has taken to himself more rooms, so that his offices now occupy the entire first floor of the building. [illustration: j m cook (signature) _15th comptroller_] on january 27, 1841, the legislature elected john a. collier, of binghamton, a leading lawyer and an anti-mason, to succeed bates cook. he had previously served as district attorney of broome county from june 11, 1818, to february 22, 1822, and had served his district in the twenty-second congress. after his retirement from the office of comptroller he was appointed, with chancellor walworth, to codify the laws, but declined to serve. this was a high tribute to his ability. during 1841 the comptroller's office was examined by a legislative committee, to ascertain if warrants had been drawn in conformity with the law, and the funds properly disbursed. the office was found able to stand the fire of a rigid investigation. mr. collier had been a federalist and a clintonian, but it was as an anti-mason that he was elected both to congress and as comptroller. he, too, was largely indebted for his appointment as comptroller to the potent influence of thurlow weed. the administration was a short but efficient one, and mr. collier proved himself through life an able and discreet man. the legislature, which for several years had been whig, in 1842 became democratic, so that by concurrent resolution, on february seventh they were enabled to remove john a. collier and re-appoint azariah c. flagg. during his second term mr. flagg performed the multiplying duties of the office with his usual fidelity, and to the satisfaction of the people of the state. there seems to have been no important enlargement of the duties of the office during this period. by various statutes, passed prior to the constitution of 1846, the state had loaned its credit to a number of corporations, mostly railroad, until, in 1845, the state debt thus incurred, called the "contingent debt," amounted to $5,235,700. provision was made for a sinking fund, and the management of this fund was placed with the comptroller. corporations have no souls, and, consequently, we find that of the credit thus loaned the state lost $3,665,700. from the additions to and accumulations of the sinking fund, the last of the contingent debt was extinguished in 1877. [illustration: l. burrows (signature) _16th comptroller_] by chapter 350 of the laws of 1847, passed during his term, the comptroller was required to make a report of the fiscal year before the close of the calendar year, and to present the same to the legislature shortly after the commencement of its session. but at this point a new method of chosing a comptroller was introduced in the organic law. section 1 of article 5 of the constitution of 1846 provides that "the secretary of state, comptroller, treasurer and attorney-general shall be chosen at a general election, and shall hold their offices for two years." the constitutional provision was supplemented by chapter 240 of the laws of 1846. the first man elected by the people to the office was millard fillmore, of buffalo, an able lawyer and a whig. he had been a member of assembly from buffalo in 1829, 1830 and 1831, and a member from his district to the twenty-third, twenty-fifth, twenty-sixth and twenty-seventh congresses. during his term as comptroller he was nominated and elected vice-president on the ticket with zachary taylor, and upon the latter's death, on july 9, 1850, he succeeded to the presidency. as president he is, perhaps, more distinguished as the signer of the "fugitive slave law" than for any other one thing. he was elected comptroller and vice-president as a whig, but by the signing of that obnoxious measure he alienated very many of his old whig associates. he was, however, a clean, able man. in politics he was thought by many to have been a favorite of fortune. some one of his acquaintances is said to have remarked, at the time of his election as vice-president, that he felt sorry for general taylor, because the general never could live out his term against fillmore's luck. mr. fillmore resigned the office of comptroller on the 17th of february, 1849, to assume the duties of vice-president. the legislature appointed washington hunt, a lawyer of prominence and a whig, of lockport, to succeed him. mr. hunt had been county judge of niagara county from 1836 to 1841, and had been a member of the twenty-eighth, twenty-ninth and thirtieth congresses. he was nominated and elected comptroller in the fall of 1849. in 1850 he was elected governor over horatio seymour, but in 1852 he was in turn defeated in his run for the second term by seymour. he made an excellent record as governor during the years 1851 and 1852. it was upon mr. hunt's recommendation that the duties of supervising and superintending the banking business of the state was transferred to the banking department, specially created for the purpose. he felt that a greater burden of responsibility was being imposed upon the office of comptroller than could be satisfactorily sustained. this is one of the rare illustrations of a desire to surrender power. but what relief was gained by the transfer of the supervision of the banks was replaced by the duty which was imposed of superintending the business of insurance in this state. all insurance companies, prior to 1846, had been incorporated by special acts, but the constitution of that year prohibited the creation of such corporations, except under general laws. in 1849 the legislature passed a general law for the incorporation of insurance companies. by the terms of the act the duty of organizing and regulating insurance companies in this state, both domestic and foreign, was conferred upon the comptroller. this was the first state supervision of insurance. the duty remained with the comptroller until january 1, 1860, when the act creating the department of insurance went into effect. the comptroller's office feels proud of its two healthy and useful children--the banking department and the insurance department, which have been efficiently serving the state and protecting the interests of its citizens for many years, and it ventures to believe that the early tuition that they received from the parent department helped to form their habits and prepare them for their career. [illustration: s e church (signature) _17th comptroller_] mr. hunt resigned the comptrollership december 18, 1850, two weeks before he was to enter upon his duties as governor, and philo c. fuller, a whig, of geneseo, was appointed in his place. mr. fuller had, in early life, been a clerk in the land office of mr. james wadsworth. thurlow weed met him at that time and recognized in him abilities of a high order. it was probably at mr. weed's suggestion that he first entered public life; it was certainly upon mr. weed's recommendation that he was appointed comptroller. it was one of the great secrets of thurlow weed's long retention of political power that whenever he saw capability he sought, and, to use a ranchman's expression, "corralled it." mr. fuller was member of assembly from livingston county in 1829 and 1830, state senator in 1831 and 1832, and member of the twenty-third and twenty-fourth congresses. later he moved to michigan, and, being elected to the legislature, he was chosen speaker. he was appointed assistant postmaster-general in the harrison administration, but, being unwilling to follow president tyler into the democratic camp, he resigned, and returned to new york. he performed the duties of his office of comptroller with ability, although doubt of his capacity was felt at the time of his appointment. for the forty years from 1840 to 1880 the comptroller's office was one of difficulty. during the first half of that period there was seldom a year when the expenditures did not exceed the appropriations, and when the comptroller was not obliged to report a deficit at the end of the year. there was also during that same period a rapidly-increasing canal debt, and the comptroller was in duty bound to find a market for bonds and the means to meet the interest when it became due. in the latter half of this period it was the comptroller's duty to see that the means were at hand to pay the principal of this and other bonded debts, and the increased expenditures caused by the war. [illustration: robert denniston (signature) _18th comptroller_] mr. fuller was succeeded january 1, 1852, by john c. wright, a democrat and lawyer, of schenectady. he had been county judge of schoharie county from 1833 to 1838, and state senator from the third district in 1843, 1844, 1845 and 1846. he was an opponent of the albany regency during his senatorial career. he was a ready debater but of impulsive temper, and at one time engaged in a personal rencounter with colonel young on the floor of the senate chamber. his administration was unmarked by any peculiar enlargement of the official power, or by distinguished executive ability. that things run so smoothly that no attention is attracted is oftentimes strong evidence of a successful working machinery. by an act of the legislature of 1851 the comptroller was authorized to borrow three millions per year for three years for the completion of the canal enlargement. mr. wright served one term, and was succeeded, january 1, 1854, by james m. cook, a lawyer and a whig, of ballston. mr. cook was a member of the constitutional convention of 1846, senator from the thirteenth district for 1848, 1849, 1850 and 1851, and from the fifteenth district in 1864 and 1865. he served as state treasurer during the years 1852 and 1853, and was bank superintendent from january 30, 1856, to january 11, 1861. he was thus continuously in the service of the state from 1848 to 1861, a period of thirteen years. in 1854 the comptroller was authorized to appoint three commissioners to investigate the state prisons and report on their financial condition, and also upon such laws as they deemed proper for their better regulation. under this abuses were corrected, and the comptroller was given closer supervision of the prisons. for a short time in 1858 the whig leaders had under favorable consideration the nomination of mr. cook for governor, but circumstances forced a change, and e. d. morgan was nominated and elected. [illustration: l. robinson (signature) _19th comptroller_] on january 1, 1856, lorenzo burrows, a banker and an "american" or "know nothing," of albion, became comptroller. he had been a member of the thirty-first and thirty-second congresses. he later served as regent of the university by appointment made february 17, 1858, and in november, 1858, was one of the candidates of the "american party" for governor against e. d. morgan. to the time of his death, many years afterward, he never failed to make at least one visit yearly to the comptroller's office, and always maintained a lively interest in its affairs. after one term of service mr. burrows was succeeded by sanford e. church, a lawyer and a democrat, also of albion. mr. church had been a member of assembly from orleans county in 1842; district attorney of the same county from 1846 to 1850; lieutenant-governor from 1850 to 1854. he ran for re-election as comptroller in 1859 and was defeated, and again in 1863 and was also defeated. he was elected one of the delegates-at-large to the constitutional convention in 1867, and was chief judge of the court of appeals from may, 1870, to may 20, 1880, when he died. in all these various positions mr. church showed a broad, liberal spirit, and great mental force. his reports as comptroller are valuable state papers, expressed in clear, strong and forcible language. it is sufficient to say of judge church, that, as comptroller, he brought the same care, attention and strong mental grasp to his duties that afterward won for him eminence and fame as chief judge of our highest court. robert denniston, a gentleman farmer and republican, of salisbury's mills, became comptroller january 1, 1860, having been elected at the november election of 1859 over sanford e. church. he had been assemblyman from orange county in 1845, and senator from the second district in 1841, 1842, 1843, 1844, 1845, 1846 and 1847, and had been an unsuccessful candidate against mr. church for the office of comptroller in november, 1857. he was thus comptroller in the first year of the war, at the inauguration of high taxes and the large expenditures of that period. his administration was wise and conservative. on january 1, 1862, lucius robinson, an able lawyer of elmira, assumed the duties of the office. mr. robinson was a democrat, but at the breaking out of the war he was strongly for the union cause, and it was on the union ticket that he was elected comptroller, and he was re-elected on the same ticket in 1863. at the close of the war, he resumed his place in the democratic party, from which he had never been fully estranged. he ran as a democrat against thomas hillhouse, in 1865, and was beaten. he had been district attorney of greene county from 1837 to 1839, and member of assembly from chemung county in 1860 and 1861. he was re-elected comptroller in november, 1863, and again in november, 1875. he was a member of the constitutional commission of 1872, governor of this state for the years 1877, 1878 and 1879, and defeated for re-election in november, 1879, by alonzo b. cornell. he was comptroller during the dark days of our civil war. at no period, however, of its history was the work of the office more carefully managed. for the six years from 1860 to 1866, the canal and general fund debts were reduced $8,000,000. in the four years of the war, the state expenditures for arms, bounties, clothing, equipments and various military purposes were upwards of $20,000,000. to meet these large and abnormal expenses, required of the comptroller resourceful ability. when specie was at a high premium in 1863 and 1864, mr. robinson earnestly recommended the payment of the state's bonded debt, both principal and interest, in specie. the legislature, however, disregarded the recommendation. there was precedent in the office for such a course. comptroller flagg, upon the suspension of specie payment in 1837, made good the difference between the depreciated currency and coin. comptroller allen followed the lead of mr. robinson, and urged the payment of these debts in coin. this was not done, however, until 1870, when the state went into the open market and bought coin to pay the interest on its bonds, and continued this policy until the resumption of specie payment in 1879. this course, however, was not pursued with reference to the bounty debt. in 1865, against the advice and almost protest of the comptroller, the legislature assumed the bounty debt of the various counties of the state, and for that purpose it became necessary for the state to issue its bonds to the amount of $27,644,000. the act authorizing the creation of the debt provided for a sinking fund, and the managing of this fund and the issuing of the bonds was given to the comptroller. this debt was extinguished year by year until it disappeared from the comptroller's books in 1877. it was during mr. robinson's term, in 1863, that $66,000 were appropriated to purchase the lands adjoining the then capitol, and bounded by state, hawk and congress streets. this was probably the first money expended on "that lofty pile where senates dictate laws." [illustration: tho hillhouse (signature) _20th comptroller_] in 1862, the legislature placed an item in the appropriation bill which still remains law. it provides that the comptroller shall not draw his warrant, except for salaries and regular expenses, until the person entitled to the money shall present a detailed account, verified by affidavit as to services; and if for traveling expenses, a detailed account specifying the distance and places from and to which, and receipted vouchers for all disbursements. by chapter 419 of the laws of 1864, the officers of all hospitals, orphan asylums, benevolent associations, educational and charitable institutions were required to report to the comptroller their financial condition, with their receipts and disbursements. the comptroller was, by concurrent resolution of the legislature, the same year appointed, with the governor and the secretary of state, to take action properly to receive the returning veterans, and for the health of the recruits. mr. robinson was a man of great executive force, strict honesty, and with the courage of his convictions. he was succeeded by thomas hillhouse on the 1st of january, 1866, mr. hillhouse having been elected in november, 1865. he was a gentleman farmer and a republican from geneva, and had been senator from the twenty-sixth district in 1860 and 1861, and adjutant-general of the state from august 19, 1861, to january 1, 1863. he still survives as the honored president of the metropolitan trust company, of new york. thurlow weed in his autobiography says: "for my direct responsibility in the selection of bates cook, john a. collier, millard fillmore, washington hunt, philo c. fuller, james m. cook, robert denniston and thomas hillhouse, i look back with pardonable pride, for in few ways could better service have been rendered to the state and people." mr. hillhouse certainly deserved the confidence reposed in him. he was careful, conservative and able. on january 1, 1868, mr. hillhouse gave way to william f. allen, a distinguished lawyer and a democrat, of oswego. mr. allen served as member of assembly from oswego in 1843 and 1844, and was appointed united states district attorney in 1845, and was appointed judge of the supreme court in the fifth district in 1847, and elected to the same position in the fall election of 1855. he was re-elected comptroller in november, 1869, but resigned june 14, 1870, to accept an appointment as judge of the court of appeals. this latter place he held with great distinction until his death, in june, 1878. in 1864 he was the slated democratic candidate for governor. horatio seymour was then governor, and mr. allen's friends at least understood that mr. seymour wished a renomination as a compliment, but would decline. to their consternation, however, mr. seymour came before the convention, thanked its members for the honor done him, and accepted. it was during mr. allen's administration that the comptroller was authorized to appoint an agent to examine into the reports submitted to him by the various charitable institutions. by chapter 281 of the laws of 1870, the comptroller was made, _ex-officio_, a member of the state commission of public charities. judge allen was distinguished by talents of the highest order, and his long public career was a useful one to the state. [illustration: w f allen (signature) _21st comptroller_] it is an interesting political fact that in the campaign of 1869 judge allen had as his opponent in the run for comptroller horace greeley. mr. greeley's election was earnestly opposed by many of the leading republicans of the state. a letter of thurlow weed was made public, in which he appealed very strongly to the people of the state to vote against mr. greeley. he based his opposition quite largely upon the fact that mr. greeley's time would have to be divided between his editorial duties in new york and the comptroller's office in albany. he then went on to say: "the office of comptroller is most laborious and responsible. i have known its incumbents for considerably more than half a century. among them were archibald mcintyre, john savage, william l. marcy, silas wright, jr., azariah c. flagg, john a. collier, washington hunt, philo a. fuller, james m. cook, thos. hillhouse and others, distinguished for ability and industry, not one of whom have attempted to attend to any other business, and all of whom found constant and full occupation, physical and mental, in the discharge of their public duties. without regard to other reasons for withholding my vote from mr. greeley, i consider those which i have stated sufficient. in his opponent, william f. allen, i found a capable and enlightened man, with some experience, much industry and peculiar fitness for the duties of the office. i have known him first, as an able and useful member of our legislature, and next as an eminently upright judge." upon the resignation of judge allen, asher p. nichols, a lawyer and democrat, of buffalo, was appointed, and, in the fall of the same year, 1870, he was elected to fill the unexpired term. he had been previously a state senator from the thirty-first district in 1868 and 1869. he ran for the office of comptroller in 1871 and again in 1873, and was defeated both times by nelson k. hopkins. mr. nichols was a man of ability, who commanded the highest respect of those who knew him. he was distinguished somewhat for an old-time formal courtesy of manner. it is fair to mr. nichols to say that the deficiency in the treasury which mr. hopkins found upon his advent was not due to him, or to lack of recommendations on his part, but rather to the attempt of the tweed _regime_ in the legislature to make a tax rate that would continue them in power. "among the faithless, faithful only he." [illustration: a. p. nichols (signature) _22d comptroller_] mr. hopkins was a lawyer and a republican from buffalo, and he entered upon the discharge of the duties of the office on january 1, 1872, and continued therein for four years. this was the beginning and the end of his career in state politics, but in those four years he left a record of splendid and faithful work. he found upon his entry into office that there had been for several years a growing deficiency in the general fund. in 1869 the excess of appropriations over receipts was $1,493,181.28; in 1870, $2,355,927.40; in 1871, $2,748,595.56; in 1872, $1,785,762.97; in 1873, $254,253.53; making for the five years an aggregate deficiency of $8,637,720.74. the money to the extent of this deficiency had been supplied to the treasury by using the moneys from the bounty debt sinking fund. heroic treatment was necessary, so disregarding political effect mr. hopkins advocated and secured the adoption of the highest tax rate in the history of the state, to wit, nine and three-eighths mills on the dollar, and three and one-half mills of this amount went to make up the deficiency. in this way the bounty debt sinking fund was again made good. in 1873 the comptroller was given power to examine into the affairs of the prisons, with the power of a court of record to subpoena witnesses, etc., and the same year he was authorized in person, or by agent, to visit the various state institutions and examine their books, papers and vouchers, both of which powers are still inherent in the comptroller's office. the same year he was authorized to set aside cancellations of tax titles made by him whenever it appeared that fraud, misrepresentation or the suppression of a fact, or a mistake of fact, had induced the cancellation. this power, with slight modification, still remains. [illustration: n k hopkins (signature) _23d comptroller_] during mr. hopkins' four years of service the bounty debt was reduced $14,401,700, and he was able to congratulate the legislature and the people of the state at the close of his term on the prospect of a substantial reduction of tax. on the 1st of january, 1876, lucius robinson again assumed the office of comptroller, which he held one year. he had defeated in the election the november preceding francis e. spinner, whose services and signature are so well known as to make comment unnecessary. his second administration of the office was distinguished by the same care-taking ability which was manifest in the first. the reduction of the bounty debt and other indebtedness of the state continued. he was elected governor in 1876. the first official act of governor robinson was the appointment of frederic p. olcott, of albany, as comptroller. it is a matter of secret political history that governor tilden had desired to appoint daniel magone to the office, and that for that reason mr. robinson would not resign until it was too late for governor tilden to act. but he had to act promptly, because, if no appointment were made before the legislature convened, the power to fill the vacancy would then be in that body. governor robinson improved the fleeting moment. mr. olcott, as the head of the firm of f. p. olcott & co., had been the state's agent in transactions relating to the bounty debt, and, to mr. robinson's mind, he had exhibited abilities which would make of him a valuable comptroller. that the governor was not mistaken, mr. olcott's career, both as comptroller, and since his retirement from that office, as president of the central trust company, abundantly proves. he served out mr. robinson's unexpired term, and was elected in november, 1877, over c. v. r. ludington, but was defeated for re-election in 1879 by james w. wadsworth. this was the only political office which he ever held. early in his term his attention was attracted to the abnormal quantities of soft soap which one of the small state charitable institutions was using, and he became satisfied that "soft soap," like pickwick's "warming pan," was a cover for something hidden. among the vouchers for may and june, 1875, were vouchers for seventy-eight barrels of soft soap at a cost of $350, which, at the same rate, would make an aggregate of $2,100 per year. the aggregate expenditure for soft soap for the institution during the six years ending june 30, 1876, had been $3,963.60. an investigation was instituted at the comptroller's request by the state board of charities, and it was found that "soft soap" in that instance meant the laying out of roads and beautifying grounds to an extent that the comptroller's office would not have paid. the designing institution learned to its surprise that the comptroller could not stand too much "soft soap." these revelations led the comptroller to ask the legislature for power to investigate thoroughly all the charitable institutions. this work was ably done by edgar k. apgar, who made an admirable report, and this report was the means of establishing a more thorough and systematic supervision of these institutions by the comptroller's department. in his report, transmitted to the legislature on the 1st of january, 1878, mr. olcott said: "each of these institutions is now separate and distinct from its fellows, and each is governed by a local board of trustees. it is evident, therefore, that there is no general system governing all, but each is a law unto itself. there is no department of government which exercises any supervision over their affairs or that has more than a superficial knowledge of the manner in which they are conducted. * * * i would recommend for your consideration the policy of abolishing all local boards of trustees and the erection of a system by which the different institutions shall be managed by one controlling power. as it is, the responsibility for losses and expensive management is not centred in any one." [illustration: f p olcott (signature) _24th comptroller_] [illustration: james wadsworth (signature) _25th comptroller_] on the 2d of may, 1878 (the good faith of olcott's work in handling the bounty bonds having been called in question), he sent a communication to the legislature which more than proved the faithful and able manner in which he had performed his duties in respect to these bonds. the report was called out by a resolution of the senate. some strongly partisan members believed that they could unearth thereby, if not crookedness, at least large compensation for services performed. the attempt failed signally. mr. olcott's administration of the office ranks with the ablest. james w. wadsworth, a gentleman farmer and republican, from geneseo, became comptroller january, 1, 1880, and was one of the youngest men who have held the office. he had as a boy served with his father, the gallant and lamented general james s. wadsworth in the civil war. he was member of assembly from livingston county in 1878 and 1879, and was distinguished in the latter year as the only republican in the legislature who would not vote for the return of roscoe conkling to the united states senate, and that, too, notwithstanding the fact that mr. conkling had been duly nominated by a republican caucus. mr. conkling and he afterwards forgot differences and became quite warmly attached. he ran again for comptroller in 1885 but was defeated. he has faithfully represented a discriminating constituency in the forty-seventh, forty-eighth, fifty-second, fifty-third and fifty-fourth congresses, and has been re-elected to the fifty-fifth. mr. wadsworth took great interest in the affairs of the office during his term, and his sterling integrity and good judgment made him a most excellent officer. in 1880, by chapter 100, the comptroller was authorized to issue bonds in anticipation of the state tax, payable on or before the fifteenth day of may following, such bonds not to exceed in amount one-half of such tax. it was necessary for mr. wadsworth to inaugurate the system of collecting taxes on corporations. the original bill for that purpose was passed in 1880. it has been amended from time to time, but the whole duty of enforcing it has remained in the comptroller. the number of corporations taxed in 1881 was 954, and the amount collected $1,539,864.27; the number in 1886 was 1,249, and the amount collected $1,239,864.16. in 1892 there were 1,780 corporations paying, and the amount collected was $1,430,719.86. in 1896 the number of corporations was 4,401, and the amount collected was $2,165,610.12. the amount of capital represented by these 4,401 corporations is believed to be fully $766,000,000. mr. wadsworth gave place on january 1, 1882, to ira davenport, a capitalist and a republican of bath. mr. davenport had represented the twenty-seventh district in the state senate in 1878, 1879, 1880 and 1881, and was elected comptroller over g. h. lapham. he was defeated for re-election as comptroller by alfred c. chapin, november 6, 1883. in 1885, he received the republican nomination for governor, but was defeated by david b. hill. he was a member of the forty-ninth and fiftieth congresses. on march 1, 1883, the duty of auditing the canal accounts, after having been performed for thirty-five years by a separate officer--the canal auditor--was placed in the comptroller's office, where it still remains. the confidence which the republican party had shown in comptroller davenport was not misplaced. he was a man of high character and attainments, and performed the duties of the office of comptroller with success. [illustration: m davenport (signature) _26th comptroller_] alfred c. chapin, a lawyer and a democrat, of brooklyn, entered upon the discharge of his duties january 1, 1884. he was member of assembly from the eleventh kings county district in 1882 and 1883, and in the latter year was chosen speaker of that body. he was re-elected comptroller in 1885 over mr. wadsworth. he has, since his service as comptroller, served four years as mayor of brooklyn, from january 1, 1888, to january 1, 1892, and is now about ending a term as state railroad commissioner. in 1891, he was a prominent candidate for governor before the democratic convention, but was beaten by roswell p. flower. mr. chapin is an educated and cultivated gentleman, and as comptroller was not afraid to run counter to established ideas. he strongly recommended, in a special message to the legislature in 1885, and subsequently in his annual reports, the abolition of the common school fund, and its transfer to the treasury. by chapter 483 of the laws of 1885, the legislature laid a tax of five per cent upon collateral inheritances. this inaugurated a system of taxing transfers at death, which has come now to yield annually about $2,000,000. the comptroller was largely intrusted with the duties of enforcing this law. it was amended in 1891 by making a tax of one per cent upon all direct inheritances. in 1886, the comptroller was authorized to approve the bonds of banks designated as depositories of the funds of state institutions. the same year, the comptroller was directed to make assessments on the various companies liable therefor to meet the expenses of the subway commissions in the cities of new york and brooklyn--a duty which still rests on the office. in 1887, he was authorized to sell or exchange detached lands in certain counties of the forest preserve, upon the recommendation of the forest commission and the attorney-general, the purpose being to consolidate the state's holding of lands in the adirondack park. the same year a tax was laid on racing associations for the benefit of agricultural societies to improve the breed of horses, etc., and the collection of this tax has since remained a part of the duty of the comptroller, notwithstanding the various vicissitudes through which racing and pool bills have passed. at the november election, in 1887, edward wemple was elected comptroller over jesse s. l'amoreaux. mr. wemple was a manufacturer and democrat, residing at fultonville. he was a member of assembly from montgomery county in 1877 and 1878, and a member of the forty-eighth congress, but was defeated for re-election to that office by george west. he served in the state senate from the eighteenth district in 1886 and 1887. he was re-elected comptroller in 1889 over martin w. cooke. in 1888 the legislature passed an act requiring the agent and warden of each of the state prisons to file with the comptroller a bond, approved by the superintendent of state prisons and comptroller, in a penalty of not less than $50,000, to be fixed by the comptroller. the same year the legislature declared that the board of claims should have no jurisdiction over private claims required to be presented to the comptroller for audit, until after his action on the claim. it further required all public officials and other persons receiving or disbursing moneys of the people of the state to deposit the same in some solvent bank or banking institution, to be designated by the comptroller, and that every bank receiving such moneys should execute a bond to the people, to be filed with and approved by the comptroller. by chapter 586 of the laws of the same year the comptroller, the superintendent of state prisons, and the president of the state board of charities, were constituted a board to fix the prices of all goods manufactured in the penal institutions of the state for the use of other state institutions. all these provisions of law are still in force, except that the board to fix prices has been changed by the addition of the state prison commission and lunacy commission, and by omitting the president of the state board of charities. in 1889 the right of the comptroller to supervise the financial affairs of the prisons was enlarged, and the agent and warden required to make monthly reports of receipts and expenditures to him. he was also allowed to revise and readjust the accounts theretofore settled under the corporation tax law. in 1890 he was made a member of the "board for the establishment of state insane asylum districts and other purposes," together with the state commission in lunacy and president of the state board of charities. in 1891 an act was passed requiring all institutions receiving moneys from the state treasury for maintenance, in full or in part, to deposit their funds in some responsible bank or banking house, to be designated by the comptroller. he was also authorized to appoint commissioners to hear evidence and take proofs on applications for cancellation of title or redemption of lands. [illustration: alfred c. chapin (signature) _27th comptroller_] on january 1, 1892, frank campbell, a banker and democrat, of bath, became comptroller. he had been chosen in the previous election over arthur c. wade. he had held no office previous to that time. he served one term, ran for re-election in 1893 and was defeated. he has held no office since. by chapter 651 of the laws of 1892 the supervision of the funds deposited in court was transferred from the general term of the supreme court to the comptroller, and this work the comptroller's office has since performed; and by chapter 681 of the laws of the same year he was required to approve all official undertakings. in 1892 the authority was given to the comptroller to license common carriers. he was relieved from this duty by the new excise law of 1896. by chapter 248 of the laws of 1893 he, with the secretary of state and treasurer, was directed, before the first day of january of each year, to designate the state paper. the largest amount thus far collected in any one year under the inheritance tax law was $3,071,687.09, in 1893, during mr. campbell's term. the amount collected under the corporation tax law was increased during his term. [illustration: edward wemple (signature) _28th comptroller_] on january 1, 1894, james a. roberts, a lawyer and republican, of buffalo, became comptroller. he had served as member of assembly from the third district of erie county in 1879, and from the fourth district of the same county in 1880. he was unanimously renominated from the fourth district in 1891, but declined. he was re-elected comptroller in 1895 over john b. judson. in 1894 the comptroller was given power to appoint appraisers in cases of tuberculosis and glanders. in the same year the chancery fund, so called, which had been managed by the clerk of the court of appeals after the abolition of the court of chancery, was turned over to the comptroller. this fund, amounting to $169,935.52 in securities and cash, besides real estate of the possible value of $10,000, was the residue and remainder of moneys that had been deposited in the old court of chancery and never called for. by a rider on the appropriation bill of that year the superintendent or other managing officer of each state charitable institution or reformatory in the state was required to estimate monthly, in detail, the articles required by his institution for the ensuing month. the expenditures were to be limited to the estimates, and the treasurers were required to make monthly reports of their expenditures. this inaugurated substantially the same system, with reference to the expenditures of other charitable institutions, that was then used by the lunacy commission with reference to the hospitals. in 1895 this last provision was made more definite and explicit. the comptroller was authorized the same year to appoint a second deputy, who was to have the same powers as the deputy comptroller. twice before in the history of the office there had been a second deputy, but, after the continuance of the office for a few years, in each case it had been abolished. chapter 79 of the laws of 1895 provided for the issuing of canal bonds and created a sinking fund for their redemption. the issuing of the bonds and the care of the sinking fund were intrusted to the comptroller. the same year the trustees of the saratoga monument were authorized to transfer the property held by them to the state, and the comptroller was made custodian of the monument. [illustration: frank campbell (signature) _29th comptroller_] while in the hundred years there have been thirty comptrollers, there have been but eleven deputy comptrollers. upon the passage of the act authorizing the appointment of a deputy, in 1811, comptroller mcintyre appointed john ely, jr., and he held the position until 1822. he was succeeded by ephraim starr, who continued in the position until 1828. in 1828 mr. marcy appointed as deputy philip phelps, and, with the exception of two years, from february 28, 1840, to february 28, 1842, this being substantially the administration of bates cook, when the office was filled by w. w. tredwell, mr. phelps held the place until 1876, or in all for forty-six years. it was long felt that his services were indispensable, and while comptrollers might come and comptrollers did go, the deputy seemed likely to go on forever. it is related that late in his official career he found himself growing footsore and lame, and no longer able to stand at his desk, as had been his custom, and scarcely able to reach the office, and there was talk of his resignation, and grave fears for the future finances of the state were expressed. in this emergency an attentive clerk found that the floor where the deputy had so long stood had been worn away so that an obdurate nail protruded, and it was standing upon this nail which had worked the woe. one blow of the hammer saved the state. mr. phelps was an able man, and his services in the office made him invaluable to the frequently-changing comptrollers. at his death high testimonies to his worth and character were given by sanford e. church, thomas hillhouse, wm. f. allen, robert h. pruyn, john v. l. pruyn, and many others. a meeting of state officers was held, at which wm. dorsheimer, then lieutenant-governor, presided, and resolutions expressing his great worth and service were adopted. it was well said that "no prospect of pecuniary advantage could swerve him from the strictest line of truth and justice." mr. phelps was succeeded by henry gallien, who worthily filled the office from 1876 to 1884, when he died. thomas e. benedict held the office from 1884 to 1886. he has since been deputy secretary of state and public printer at washington, and in all positions has acquitted himself as an able and upright man. charles r. hall succeeded to the office for a little more than a year, and was himself succeeded by zerah s. westbrook, who had the office for four years, from january 1, 1888, to january 1, 1892. calvin j. huson was deputy comptroller during mr. campbell's term. at the end of his term he was succeeded by colonel william j. morgan, who still holds the office. the custom seems to have grown up in these degenerate times to make the term of the deputy co-terminous with that of comptroller. this is of doubtful propriety. too many men of tried integrity, familiar with their duties, cannot be retained in such an office. but the danger which would naturally be expected from a frequent change in both comptroller and deputy has thus far been avoided by the retention, through succeeding administrations, of some of the most important clerks. willis e. merriman has now been in service in the comptroller's office for thirty-one years, and, having worked up from the lowest to the highest service in the department, is familiar with all its details, and his services have thus become indispensable. upon the creation of the office of second deputy comptroller, in 1895, he was appointed to that position, and he has since discharged its duties with the fidelity and intelligence with which every comptroller for many years has found him fortunately endowed. no sketch of the office is complete without mention of george h. birchall. he came into the office in 1883, at the time of the abolition of the canal auditor's office. he had served seventeen years in the last-named office. he has had charge of the canal accounts since their transfer to the comptroller's office, and has rendered most efficient service. messrs. williams and bliss came into the office in 1877, and mr. graham in 1882. several employees have been in the department's service for six or eight years or more, and no department of the state government is better equipped with honest, faithful, public servants than is the comptroller's office. [illustration: james a. roberts (signature) _30th comptroller_] it can be seen from the foregoing that the duties of the comptroller's office are varied and important. the boards of which he is a member give some indication of this fact. he is _ex-officio_ a member of the state board of canvassers; of the board of the commissioners of the land office; of the board of the commissioners of the canal fund; of the canal board; of the state commissioners of charities; of the board to fix prices for prison made products; of the board for the establishment of state insane asylum districts, etc.; of the legislative printing board; of the department printing board, and one of the officers to designate the state paper. he manages the finances of the state so far even as to supervise the expenditures of the state institutions. he designates the banks in which funds of all institutions shall be deposited. he levies and collects the tax on corporations; supervises the collection of the transfer tax, and sells the lands of delinquent taxpayers in the counties in which are included a part of the forest preserve. he audits all accounts against the state; acts as a court in applications for cancellations of tax deeds or sales, and in disputed corporation tax matters; examines the court and trust funds deposited with the treasurer of every county in the state, and regulates the form of accounts and the manner of their investment, and performs many other less important duties too numerous for mention. of the men who have held the office of comptroller nineteen were lawyers; three were gentlemen farmers; three bankers; one a merchant; one a manufacturer; one a capitalist, and two were business men. in politics two were federalists; fifteen democrats (including under the word democrats original republicans, whether clintonians or otherwise); four whigs; two anti-masons; six republicans, and one american or know nothing. [illustration: philip phelps (signature) _deputy comptroller, 46 years._] the total expenditures of the state for each tenth year since the establishment of the office were as follows: 1797 $322,831 37 1807 425,689 69 1817 1,296,590 88 1827 1,908,346 73 1837 4,926,449 04 1847 5,275,164 09 1857 10,176,939 70 1867 20,496,050 59 1877 [1]26,186,744 70 1887 16,771,448 98 1897 26,510,425 77 ================ [1] includes $10,453,805.95 bounty debt. each of these would very nearly represent the average annual expenditures for the decade which it ends. the total expenditures of the national government for the year 1797 were $8,625,877.37, and if we deduct from this the amounts paid for interest, and payments upon the public debt, it leaves the amount of ordinary expenditure but $2,836,110.52. the ordinary expenditures of the national government did not reach the amount expended in this state for the year 1896 until the year 1847, if we except the years 1813, 1814 and 1815, when the expenditures were abnormal by reason of the war of 1812, and if we except also the years 1837 and 1838, and in none of those excepted years did the annual ordinary expenditures very greatly exceed this state's expenditure for 1896. during the century, the state has expended for lands, construction, enlargement or permanent improvement: of its five canals $74,347,000 00 of its new capitol 22,254,023 60 of the twelve hospitals erected by it $15,204,099 59 of its seventeen other charitable institutions 6,369,110 70 of its forty-five armories and arsenals 3,349,543 73 of its three state prisons 4,528,058 65 of its twelve normal schools 1,826,350 06 ------------- making a total expenditure for those various purposes of $127,878,186 33 =============== [illustration: willis e. merriman. (signature) _2d deputy comptroller_ _connected with the office 31 years_ ] far the greater part of this money has been handled by, and drawn on the warrant of, the comptroller, and no suspicion has ever arisen that this duty was not honestly performed. nearly all of the sinking funds of the various bonded debts of the state have been managed by the comptrollers, who, in these 100 years, have never been the occasion of the loss of a single dollar. jenkins, in his political history of new york, says that the comptroller bears the same relation to the state that the secretary of the treasury does to the national government, and this is largely true. i cannot do better in closing this brief sketch of the comptroller's office than by quoting from thurlow weed's autobiography. his opportunities for, and keenness of, observation make his statement of peculiar value. he says: "it seems proper to say, amid all the mutations of party, and the liability under our form of popular government to occasionally find unworthy men elevated to high places, our state has ever been singularly fortunate in its highest financial officer. we have had unfaithful men in almost every other department of the state government. we have had, in two or three instances, comparatively weak men in the office of comptroller, but as a rule its incumbents have been capable, firm and incorruptible." * * * * * [transcriber's notes: the transcriber made these changes to the text to correct obvious errors: 1. p. 19 fom --> from 2. p. 41 place, mr. cook's --> place. mr. cook's 3. p. 70 james w. wadworth --> james w. wadsworth 4. p. 82 protuded, --> protruded, end of transcriber's notes] +-----------------------------------------------+ | | | bolded text has been marked =like so=. | | | +-----------------------------------------------+ london school of economics and political science an example of communal currency by j. theodore harris, b.a. with a preface by sidney webb, ll.b. 1/net london p. s. king & son orchard house, westminster 1911 people's banks a record of social and economic success by h. w. wolff _third edition, newly revised and enlarged_ _demy 8vo, cloth, 600 pp._ =6s.= _net_ contents--introduction, the general idea, the two problems, the two aspects of the question, credit to agriculture, the "credit associations" of schulze-delitzsch, raiffeisen village banks, adaptations, "assisted" co-operative credit, co-operative credit in austria and hungary, the "banche popolari" italy, the "casse rurali" of italy, co-operative credit in belgium, co-operative credit in switzerland, co-operative credit in france, offshoots and congeners, co-operative credit in india, conclusion. "we may confidently refer those who desire information on the point to the book with which mr. wolff has provided us. it will be a most useful thing if it is widely read, and the lessons which it contains are put in practice."--_athenæum._ "the book is the most systematic and intelligent account of these institutions which has been published."--_banker's magazine (new york)._ "it is the most complete book on the subject."--_mr. g. n. pierson, late dutch prime minister and minister of finance._ "there was manifest need of just such a book.... a mine of valuable information."--_review of reviews._ "this is an excellent book in every way, and thoroughly deserves the careful attention of all who are concerned for the welfare of the people."--_economic review._ london: p. s. king & son orchard house, westminster studies in economics and political science edited by the hon. w. pember reeves, director of the london school of economics no. 21 in the series of monographs by writers connected with the london school of economics and political science an example of communal currency an example of communal currency: the facts about the guernsey market house compiled from original documents by j. theodore harris, b.a. with a preface by sidney webb, ll.b. london p. s. king & son orchard house, westminster 1911 contents page preface vii introduction 1 chap. i. constitution of guernsey 4 ii. the security of the notes 6 iii. municipal enterprise--the issue of the notes 9 iv. the utility of the notes 20 v. first rumblings of opposition 25 vi. the reply of the states 30 vii. the crisis 45 viii. the end 55 conclusion 59 appendix 61 preface those who during the past thirty or forty years have frequented working men's clubs or other centres of discussion in which, here and there, an owenite survivor or a chartist veteran was to be found, will often have heard of the guernsey market house. here, it would be explained, was a building provided by the guernsey community for its own uses, without borrowing, without any toll of interest, and, indeed, without cost. to many a humble disputant the guernsey market house seemed, in some mysterious way, to have been exempt from that servitude to previously accumulated capital in which the whole creation groaneth and travaileth. by the simple expedient of paying for the work in government notes--issued to the purveyors of material, the master-workmen and the operatives, accepted as currency throughout the island, and eventually redeemed out of the annual market revenues--all tribute to the capitalist was avoided. in face of this successful experiment, the fact that we, in england, continued to raise loans and subject ourselves to "drag at each remove a lengthening chain" of interest on public debt, often seemed so perplexingly foolish as to be inexplicable, except as the outcome of some deep-laid plot of "the money power." when first i heard of this guernsey market house, as in some mysterious way exempted from the common lot, i was curious to enquire what transaction had, in fact, taken place in an island which was, after all, not so far removed in space or time from the lombard street that i knew. in all the writings of the economists (for which my estimate was at that time, as indeed it is now, such as i could not easily put into appropriate words), i found no mention of this phoenix among market-houses. i fear that, too hastily, i dismissed the story as mythical. now mr. j. theodore harris--having, i suspect, a warmer feeling for the incident than he has allowed to appear in these scientific pages--has done what perhaps i or some other economic student of the eighties or nineties ought to have done, namely, gone to guernsey to dig up, out of the official records, the incident as it actually occurred. what is interesting is that he has found that the myth of the veteran owenite or chartist is, in all essentials, confirmed by the documents. the story is true. the guernsey market house was built without a loan and without the payment of interest. it does not follow, however, that it was any more built without the aid of capital, than was st. paul's cathedral or the manchester ship canal. mr. harris, contenting himself with the austerely exact record drawn from the documents, does not indulge in any speculative hypothesis as to who provided the capital, or who bore the burden that would otherwise have been interest. let me use the fuller privilege of the preface-writer, and supply some hypothetical elucidations. what the guernsey community did was that which nearly every community has done at one time or another, namely, issue paper money. the part of the story that we do not know is (_a_) what thereupon happened to the aggregate amount of "currency" of all kinds then in circulation within the island, in relation to the work which that currency had to do; (_b_) what happened to the prices of commodities. it may well have been that the issue of paper money was promptly followed by some shipments of metallic money to england or france--perhaps even in payment for imported materials for the market house--so that the aggregate amount of "currency" in the island was not in fact increased. accordingly, no change of prices may have taken place. in such a case, guernsey would merely have substituted paper for gold in its currency. the gold-capital heretofore in use as currency, and there, of course, yielding no capitalist any toll of interest, would, in effect, have been borrowed to expend upon the building of the market house. and, as paper money probably served the purposes of the island every bit as well as gold, nobody was any the worse. by giving up the needless extravagance of using gold coins as counters, and by taking to paper counters instead, guernsey really got its market house without cost. the same resource is open to any community already possessing a gold currency, and becoming civilised and self-restrained and sensible enough to arrange to do without gold counters in its internal trade. but guernsey could not have gone on equipping itself with endless municipal buildings as out of a bottomless purse. the resource is a limited one. this is a trick which can only be played once. when the gold has once been withdrawn from the currency, and diverted to another use, there is no more left with which to repeat the apparent miracle. on the other hand, there may easily have been no special shipments of metallic money from the island, and the aggregate "currency" may have been increased, in relation to the work that it had to do, by the amount of the note issue. in that case, the economist would, for reasons into which i have no space to go on the present occasion, expect to see a gradual and silent rise of prices. such a rise would seem, to the ordinary guernsey housekeeper and shopkeeper, as inevitable, and at the same time as annoying as any other of those mysterious increases in the cost of eggs and meat that anthony trollope described with such uneconomic charm in _why frau frohmann raised her prices_--a work which i do not find prescribed, as it might well be, for undergraduate reading. there is even a third hypothesis, to which mr. harris has directed my attention. there may have been, before the note issue, an actual dearth of currency, or a growing disproportion between the amount of the currency and the work that it had to do. mr. harris infers from his reading that such a stringency had been actually experienced in guernsey, and that it was for this reason that successive attempts were made to prevent foreign coins from being gradually withdrawn from the island. such a stringency, the economist would infer, would produce a progressive fall of prices, leading, by the silent operations of external trade, to a gradual readjustment of the amount of currency in circulation, by influx of gold from outside, until a new equilibrium had been reached. if the guernsey government's note issue happened to be made at such a moment, it may well have taken the place of the hypothetical inflow of gold, so far as the island currency was concerned. it may even have averted a fall in prices that would otherwise have taken place, the economic effect on the consumer's pockets being in that case much the same as if an actual rise had occurred. but the guernsey government, on this hypothesis, would, by substituting paper for gold, have gained for the community the equivalent of the cost of the addition to the gold currency which expanding population and trade were making necessary; and this gain was expended in building the market house. unfortunately we do not know how prices behaved to the guernsey housekeeper between 1815 and 1837. perhaps another student will look this up. what is interesting to us in this argument is the fact that, _if prices generally did rise_, in consequence of the issue of the paper money, even by only one half-penny in the shilling--if eggs, for instance, sold twenty-four for a shilling, instead of twenty-five--this represented a burden laid on the guernsey people as consumers, exactly analogous to a tax (say an octroi duty) of four per cent. on all their purchases. on this hypothesis, which i carefully abstain from presenting as anything but hypothetical, because we are unable to verify it by comparison with the facts, the economist would say that this burden or tax was what they imposed on themselves, and notably upon the poor, by increasing the currency, instead of borrowing the capital from elsewhere. instead of paying interest on a loan (to be levied, perhaps, as an income tax on incomes over a certain minimum) they unwittingly chose to pay more for their bread and butter. the seriousness of this possible result lies in the definitely ascertained fact that salaries and wages rise more slowly, and usually to a smaller extent, than the prices of commodities. now, which of these speculative explanations is the true one does not greatly matter to-day when all the consumers, rich and poor, are dead and gone. what does concern us is that we should not misconstrue the guernsey example. we already use paper money in this country to a small extent. we could certainly with economic advantage save a great part of the cost (three or four millions sterling a year) that we now pay for the luxury of having so many gold sovereigns wandering about in our pockets. we may one day find the uncounted reserve of capital that in our gold currency we already possess, virtually in common ownership, come in very usefully on an emergency (which is, perhaps, what happened at guernsey). but we must beware of thinking that the issue of paper money offers some magical way of getting things without having to use capital, or we may find ourselves one day, to the unmeasured hardship of the poor among us, stupidly burdening ourselves as consumers with higher prices and increased cost of living all round. there are, of course, other reasons in favour (_a_) of paper money being issued by the government, instead of this valuable and responsible prerogative being abandoned to individual bankers or joint stock companies, to the great financial loss of the community as a whole; and (_b_) of the whole business of banking--which means the organising of credit and the custody of savings--being conducted by the government itself, in order that the power which banking gives may be exercised exclusively under public control, and for corporate instead of for individual ends, and in order that the profit which banking yields may accrue to the benefit of the community as a whole, instead of to particular capitalists. but that is another story. the guernsey government stopped short at the issue of paper money--which is not banking--and even gave up this right at the bidding of private banking companies. sidney webb. 41, grosvenor road, westminster. _december, 1910._ an example of communal currency introduction there are many persons who have heard from one source or another of the way in which the states of guernsey built their market house by means of non-interest-bearing notes. some of these--enthusiasts for the reform of the currency--can dilate for hours on the wisdom of the financial policy of daniel de lisle brock, can tell how, at the opening of the market he "sprinkled the packages (of redeemed notes) with perfume, and while the band was playing a dirge he laid them on the fire, where they were quickly consumed," and can even quote from his famous speech on that occasion. a few years ago some members of the co-operative brotherhood trust, which is a society that has among its objects a desire to revive the principles of robert owen's labour exchange, thought it worth while to make enquiries as to the guernsey scheme. they realised that an ounce of fact was worth a ton of theory. but what were the facts? were these notes circulated in the island as a medium of exchange? how were they redeemed? could a citizen demand gold for them? when the above mentioned enthusiasts were tackled with these practical questions, there was suddenly noticed a certain hesitancy; and when asked point blank what was the year in which this famous market house was built, no one could say. enquiries were then made from inhabitants of the island itself. the information gathered was vague and not much to the point. with a few notable exceptions, the average guernseyman seems to know or care little of the financial policy of the island at the beginning of the nineteenth century. even from those interested nothing very definite was to be learned. the enquirers at last came near to doubting whether the non-interest-bearing notes had ever existed except in the imagination of the enthusiasts. only first-hand enquiry on the spot would suffice. one guernseyman, a teacher, kindly encouraged the writer to visit the island himself, promising him introductions and access to all the official documents and newspapers of the time. through the courtesy of the greffier and the librarian of the guille-allés library every facility was granted to the writer and his wife to carry out their research. the politeness and kindness of these officials and other inhabitants of guernsey are hereby most cordially acknowledged. in the following pages it is the writer's desire to place the facts before the public as he has gleaned them from the official records of the states and the newspapers of the time. he feels tempted to discuss the _pros_ and _cons_ of the system adopted by the states of guernsey for over twenty years; but this little treatise will probably be of most use if it is confined to a mere narration of facts. incidentally, however, it will be seen that some of the queries which led to the research have been answered. from the nature of the case this narration will consist largely of quotations. it must inevitably fail to convey to the reader the thrilling interest aroused as the story, exceeding all the romance of the enthusiasts, led its slow but fascinating course through many volumes, and the quaint old french documents gave up their secrets in the modern well-equipped record office. chapter i constitution of guernsey. guernsey is the second in size of the four channel isles, jersey, guernsey, alderney and sark, which one used to repeat with such gusto in one's schoolboy days. the channel isles are the last remnant of our french possessions. or rather, as the islanders might claim--and as it is reported some do--england belongs by right of conquest to the channel isles. however that may be, for all practical purposes, the government of guernsey is autonomous--and very jealously does the guernseyman guard this autonomy. it has its own parliament, "the states" (les états), consisting to-day of 49 members. at the time of which we write there were 32 members, as follows:-the bailiff, who, as at the present time, acted as president. the procureur du roi, corresponding to our attorney-general. 12 jurats or magistrates, appointed for life by the "states of election." 8 rectors. 10 connétables or parishioners. the rectors as spiritual leaders and the connétables as civil functionaries represented the ten parishes of the island, and though the latter were elected to office they were always from the leading families, which formed an extremely close oligarchy. bailiff, jurats and rectors still sit in this undifferentiated parliament, to which has been added a slightly more democratic element however, nine deputies being elected by the ratepayers of the whole island. it was, and still is, the bailiff's duty to summon this "states of deliberation," formerly at his own discretion, now at regular intervals. he does this by means of issuing a _billet d'etat_, in which he comments on the business to come before the states and in which he formulates certain resolutions. on these resolutions the states only vote _for_ or _against_. this billet d'etat is in french, still the official language--the only one used in the deliberations in former days. the whole takes us back in thought to norman or early english times. probably even the norman patois of the modern rural deputies is the speech of the present time nearest to that in which our ancestors transacted their business. this legislative body represents the king's council, in the same way that the supreme judicial body, still bearing the name of la cour royale, represents the king's court. the decisions of the states are subject to the approval of the privy council, to whom there is a right of appeal. chapter ii the security of the notes guernsey, like other places, fell on evil days early in the nineteenth century, the period of history with which we have to deal; and the islanders suffered from the burden of a heavy debt and from the depression and want of employment which followed the close of the napoleonic wars. its condition at this time is graphically described in the following extracts taken from a document presented by the states to the privy council in 1829. "in this island, eminently favoured by nature, antecedently to the new roads first projected by sir john doyle, bart., nothing had been done by art or science towards the least improvement; nothing for the display or enjoyment of local beauties and advantages; not a road, not even an approach to town, where a horse and cart could pass abreast; the deep roads only four feet six inches wide, with a footway of two to three feet, from which nothing but the steep banks on each side could be seen, appeared solely calculated for drains to the waters, which running over them rendered them every year deeper and narrower. not a vehicle, hardly a horse kept for hire; no four-wheeled carriage existed of any kind, and the traveller landing in a town of lofty houses, confined and miserably paved streets, from which he could only penetrate into the country by worse roads, left the island in haste and under the most unfavourable impressions. "in 1813 the sea, which had in former times swallowed up large tracts, threatened, from the defective state of its banks, to overflow a great extent of land. the sum required to avert the danger was estimated at more than £10,000, which the adjoining parishes subject to this charge were not in a condition to raise. the state of the finance was not more consolatory with a debt of £19,137, and an annual charge for interest and ordinary expenses of £2,390, the revenue of £3,000 left only £600 for unforeseen expenses and improvements. "thus at the peace, this island found itself with little or no trade; little or no disposable revenue, no attraction for visitors, no inducement for the affluent to continue their abode, and no prospect of employment for the poor." after considering various means of raising a revenue, the states asked the privy council for permission to levy a duty on spirituous liquors. notwithstanding some opposition by the inhabitants, permission was granted by an order in council of the 23rd july, 1814, to raise 1s. per gallon on spirituous liquors consumed in the island. this was granted for a period of five years. a second order in council, dated 19th june, 1819, renewed the duty for ten years. again there was opposition from a section of the inhabitants. this made itself felt by the insertion in the order of the following words:--"that one thousand pounds per annum of the produce of the said duty be applied solely to the liquidation of the present debt, together with such surplus as shall remain out of the produce of the tax in any year after defraying the expenses of roads and embankments and unforeseen contingencies. and that the states of the said island do not exceed in any case the amount of their annual income without the consent previously obtained of his royal highness in council. and the said states are hereby directed to return annually to the privy council an account of the produce and application of the said tax." in 1825 the lieutenant-governor, sir john colborne, desired to erect a new college and to carry on other important works. but these plans could not be accomplished without the assurance of the renewal of the duty. a third order in council of 30th september, 1825, gave this permission for a period of fifteen years, that is to say, from 1829 to 1844. on this occasion there was no opposition from any of the inhabitants. as will be seen in the next chapter, it was this duty on spirituous liquors that formed the security on which the notes were issued. chapter iii municipal enterprise--the issue of notes "_guernsey should make up only one great family whose interests are common. only by union and concord can she enjoy firm and lasting prosperity._" although, as we shall see, the first notes that were issued were not for the market, it is interesting to find that there is some foundation for the tradition identifying them with it. the plan was first suggested in connection with a scheme for the enlarging of the market. this was a much needed improvement. "humanity cries out, every saturday," reports a states committee, "against the crush, which it is difficult to get out of; and every day of the week against the lack of shelter for the people who, often arriving wet or heated, remain exposed for whole hours to wind and rain, to the severity of cold and to the heat of the sun." a committee, appointed 12th april, 1815, to consider the question, having brought in a scheme for enlarging the market, recommended the issue of state notes. the bailiff submitted the following resolution for the consideration of the states at their meeting on 29th march, 1816:--"whether in order to meet the expenditure it would not be desirable to issue state notes of one pound each (_billets des états d'une livre sterling_) up to £6,000, the states undertaking not to issue any, under any pretext whatever, beyond the said sum before having previously cancelled the said £6,000." notwithstanding the committee's opinion that the enlargement of the market could not be recommended without this issue, and the precautions suggested for the issue of the notes, the states rejected the proposition. however, the promoters of the idea appear to have been nothing daunted, and to have met with success on their second attempt. for we find that on the 17th october of the same year the finance committee reported that £5,000 was wanted for roads, and a monument to the late governor, while only £1,000 was in hand. they recommended that the remaining £4,000 should be raised by state notes of £1, 1,500 of which should be payable on 15th april, 1817, or any saturday after by the receiver of the duty, 1,250 on 15th october, 1817, and 1,250 on 15th april, 1818. "in this manner, without increasing the debt of the states, we can easily succeed in finishing the works undertaken, leaving moreover in the coffers sufficient money for the other needs of the states." the states agreed to this and appointed a committee of three (nicolas maingy, senior, jean lukis and daniel de lisle), who were exclusively charged with the duty of issuing the notes, taking all the precautions they thought necessary. they were to pay them out on the order of m. le superviseur (jean guille), and to receive them back from the receiver of the duty when paid in, in order to cancel them. these notes seem to have served their purpose; for in the record of the decisions of the states on the 18th june, 1818, is found the following entry:--"the said states unanimously authorise the issue of new notes up to £1,250, to be put at the disposal of jean guille, esq., jurat, for the needs of the state; and they ask the said gentlemen, daniel de lisle, nicolas maingy and jean lukis, kindly to help in the matter. which notes shall be payable at a fixed time to be determined by the states' committee named for this purpose at the time of the last issue of notes." the need for enlarging and covering the market was meanwhile being more and more pressed, the site and certain buildings having been purchased on 10th april, 1817, for £5,000, which was borrowed at 4-½ per cent.[1] a committee reported on this subject to the meeting of the states on 6th october, 1819. in their recommendation they proposed "the issue of notes of £1 sterling, payable at different times on the receipt of the part of the duty left at the disposal of the states." notwithstanding the pathetic appeal already recorded, the proposal of the committee to enlarge and to cover the market was lost by a majority of one. the advocates for improving the market, however, persevered, and presented to the states meeting of 12th may, 1820, five plans. the plan of john savery brock at a cost of £5,500 was agreed to by a majority of 19 to 10. the following quotation from the committee's report shows the benefits which they considered would arise from their scheme for raising the £5,500 required. "the means of meeting this would be to apply to it the sums now in litigation with the town £1,000 twenty-shilling notes put at the disposal of the committee 4,500 ------ £5,500 but provision must be made for the repayment of the notes issued, and the means recommended by your committee are as follows- "the 36 shops, built for butchers according to the plan recommended, would produce at £5 sterling per annum £180 from this must be deducted £20 for hiring the house at the corner and £10 for repairs 30 ----- £150 the states should grant for 10 years after the first year 300 ----- this would give an income of £450 this sum would be spent each year in paying off and cancelling as many notes. "thus, at the end of ten years, all the notes would be cancelled and the states would be in possession of an income of £150 per annum, which would be a return for the £3,000 spent by them. "looked at from all sides the scheme shows nothing but the greatest advantage for the public and for the states. it should please those who have at heart the diminution of the debt, since the states in addition to the £1,000 set aside for this purpose, take a further £300 out of their treasury in order to increase their income (_en prenant 300l. de plus sur leurs épargnes pour accroître leur revenu_)." thus it appears that the money for building the meat market, still standing, was raised without a loan, the states paying off the notes at the rate of £450 a year as the duty on spirits and the rents came in. the market is described in jacob's _annals of the british norman isles_, part i., published in 1830, as a handsome new building, "one of the most convenient, both for the buyers and sellers, that can be found in any part of the world." "for the mode of raising the funds for its erection and support (well worth the attention of all corporate bodies)" we are referred to an appendix iv. which was to appear at the end of part ii., to be published in december, 1831.[2] diligent search in contemporary records showed no trace of the elaborate ceremony described in the tradition current among enthusiasts, though the _mercury_ of the 5th october, 1822, announced in its advertisement column that the opening would take place on saturday, 12th october, 1822. the following week the _mercury_ chronicles the handing over by the committee of the keys of the new market to the butchers. "a large crowd gathered in the square, of whom only a few succeeded in entering the enclosure. a speech was made by one of the committee, to which one of the butchers made a reply. the band of the east regiment took part and the church bells rang till five in the evening." the next issue of notes seems to have been to pay off the floating debt. on 14th june, 1820, the states authorised the issue of 4,000 £1 notes for this purpose. in recommending this course the finance committee makes some interesting reflections. "respecting the floating debt, which consists of sums payable at times more or less distant, it would be easy to discharge it by £1 notes put into circulation as need requires. the extinction of the whole of the floating debt could thus be brought about without the necessity of new loans. if loans should be raised it would be necessary to provide for payment both of the principal and of the interest. if, on the contrary, recourse is had to £1 notes, the interest alone which would have been paid will suffice." on 23rd june, 1821, the states authorise the issue of 580 £1 notes to buy a house whose site is wanted for the new market. on 15th september of the same year the issue is authorised of 4,500 £1 notes to diminish the interest-bearing debt of the states. in recommending this, the finance committee remarks:--"the states could increase the number [of notes in circulation] without danger up to 10,000 in payment of the debt, and the committee recommends this course as most advantageous to the states' finance, as well as to the public, who, far from making the slightest difficulty in taking them, look for them with eagerness." on 30th june, 1824, on the united recommendation of the market and finance committees, 5,000 £1 notes are issued to pay off the £5,000 originally paid for the market in 1817 (see p. 11). "by this means the interest of £200 (_sic_) a year will be saved and applied moreover every year to withdraw from circulation £1 notes issued for the construction of the market." on 29th march, 1826, a further issue is authorised for the purpose of elizabeth college and parochial schools, provided that the total number of notes in circulation shall not exceed £20,000. in summoning the states on this occasion, the bailiff, daniel de lisle brock,[3] expresses the opinion that paper money is of great use to the states. there is no inconvenience because the notes are issued with great care. this statement as to great care is borne out by the words of the resolution passed 12th may, 1826, authorising the issue of £5 notes, not exceeding £8,000 worth, voted for the isle of sark and other purposes. after asking nicolas maingy, jean lukis and daniel de lisle "to sign the said notes in the name and under the guarantee of the states," it goes on to say, "and in default of one or other of these gentlemen through absence or illness, the states authorise the remainder of the three, the finance committee and m. le superviseur to choose conjointly another reputable person for the signature of the said notes. which said finance committee supervisor and those authorised to sign are charged and requested to watch over and be present at (_veiller et assister à_) the destruction of the said notes at the times fixed for their repayment." extra precautions seem to have been taken 28th june, 1826, when another issue, not exceeding £2,000 worth of £5 notes was authorised. for we find that "the states appoint josias le marchant, pierre le cocq, jurats, and the rev. thomas grut, a special committee, whose duty it is to see to the liquidation of all the anticipations at the times fixed by the states, and where these anticipations consist in notes of one or five pounds to see to the destruction of the very notes or of earlier notes to the same amount. which committee is commanded to make a report to the states at least once each year certifying the liquidation and destruction of the said anticipations and of the said notes." further care is shown by the fact that on 26th march, 1828, the states appointed the finance committee "to replace the used and worn-out notes by new notes, payable at the same time as the destroyed notes would have been." testimony is borne by this wear and tear to the extent to which the notes circulated. plans for the improvements in rue de la fontaine, a street adjoining the markets, being adopted on 15th november, 1827, an issue of £1 notes up to £11,000 was authorised to be cancelled by the proceeds of rents. in 1828 and 1829 issues of notes were authorised for various purposes, including £8,500 for the college and £11,000 in connection with the rue de la fontaine scheme. at one of the sittings of the states in the year 1829, william collings, a member of the finance committee, stated that there were 48,183 notes in circulation. on 18th march, 1834, £1,000 was voted for cholera precautions, to be raised either at 3 per cent. interest or in £1 notes. the latter course seems to have been adopted. from the foregoing it will be noticed that during the 20 years over £80,000 worth of notes were authorised by the states to be issued. these were mostly of the value of £1, though some £5 notes were authorised. in 1837 there were still in circulation 55,000, which in that year were reduced, as will be seen in a subsequent chapter, by 15,000. it may be asked whether there is any evidence that the notes were destroyed as directed. from various sources we found records of at least 18,000 being destroyed. for instance, in the _gazette_ of 3rd march, 1827, there is the following:- "market accounts for 1826. notes to bearer of £1 destroyed. 22 march, 1826 £400 7 november, 1826 £420 1 march, 1827 £122 ---- £942 total of notes issued for the market, £11,296 " " destroyed " " 3,626 ------ leaving in circulation £7,670." footnotes: [1] this purchase was in itself an interesting piece of municipal history. "by an order in council," says jacob in his _annals of british norman isles_, p. 153, "the meat market company were to be allowed by the states, certain duties on all the cattle killed, so long as they remained proprietors of the market; but the states were allowed at any future time to take the same into their own possession on the payment of what the proprietors had advanced. the states did this on the 10th april, 1817, at an expense of £5,000." (see p. 16.) [2] we have been unsuccessful in our efforts to obtain part ii. either in guernsey or in london, and wonder whether it was ever published. [3] daniel de lisle brock was bailiff from 24th may, 1821, to 12th january, 1843. chapter iv the utility of the notes there is abundant evidence throughout the records that the system was appreciated. jacob's _annals_ (1830), in a chapter on currency, mentions the notes incidentally. "all these, with the one pound guernsey states' notes, are in much request, being very commodious for the internal affairs of the island." the bailiff, daniel de lisle brock, who seems undoubtedly to have been the inspiring genius of the scheme, says in his _billet d'etat_, 15th november, 1827-"an individual with an income of £9,000, who spends only half of it wishes to build a house at a cost of £13,000. he therefore makes an arrangement with his timber merchant, his mason, his carpenter and others to pay them out of his savings, so that they shall receive a part each year for five years. can it be said that he is contracting debts? will he not have at the end of the five years both his house and his original income of £9,000? "the states are precisely in the same position as regards the £13,000 which they have to pay out of their income during the five years included in the said table. this sum will be paid in instalments of £2,600 per annum, with as much ease as were much heavier engagements in 1826 and 1827. "the time has passed when the public could be frightened by exaggerated reports about the debt; most complete publicity keeps everyone acquainted with the real state of affairs; my greatest wish is that nothing should be hidden." frequent references to the saving of interest are to be found, and to the fact that improvements in the island could not have been carried out but for this system. wm. collings, speaking at the states meeting, 26th march, 1828, on a financial proposition, gives it as his opinion that interest now paid might be spared if the states issued more notes. the rev. t. brock at the same meeting supports the contention, as notes can be issued without inconvenience. in the _billet d'etat_ for 21st september, 1836, in a long discourse on the circulation, daniel de lisle brock says, "to bring about the improvements, which are the admiration of visitors and which contribute so much to the joy, the health and the well-being of the inhabitants, the states have been obliged to issue notes amounting to £55,000. if it had been necessary, and if it were still necessary to pay interest on this sum, it would be so much taken from the fund ear-marked to pay for the improvements made and to carry out new ones. this fund belongs especially to the industrious poor who execute the works and generally to the whole island which enjoys them. it ought to be sacred to all." mr. john hubert, in the debate at this meeting, is reported by the _comet_ to have referred to the fact that "the roads and other works had been constructed for the public good," and to have said that "without issuing notes for the payment of those works it would have been impossible to have executed them." mr. h. o. carré, in the same debate, said, "the states, by having notes to the amount of £55,000 in circulation, effected a saving of £1,600 per annum. here, then, was a revenue of £1,600 raised without causing a farthing's expense to any individual of the public generally, for not one could urge that he suffered a farthing's loss by it. it was therefore the interest of every one to support, not the credit, but the interest of the states. those who wished to traffic on the public property were in fact laying a tax on that public, for they were diminishing, by so much as they forced states' notes out of circulation, the public revenue, for if the states, in consequence of a diminished revenue by the effect of bank paper, have to make loans, those loans must in the end be repaid by the public--which would be a taxing of the public for the benefit of private individuals." further contemporary testimony to the estimation in which the notes were held may be gleaned from the papers of the time, of which there were three, issued at least once a week. in these occur letters from publicola, verax, vindex, un ami de son pays, un habitant, campagnard, etc. some of these were probably inspired, and sometimes they show a partisan bias. the references of most value are the incidental ones occurring in discussions on the improvements or in the criticisms of _ordonnances_ on the currency. the coinage at this time was in a confused state, there being both english and french money, some of it of very poor quality, in circulation. the _gazette_ of 22nd july, 1826, refers to allegations made by the jersey authorities as a reason for their refusing to register an act authorising the issue of £5,000 in notes. the opponents of the measure had alluded to supposed evils arising therefrom in guernsey. but the _gazette_ emphatically declares that "these notes have neither directly nor indirectly burdened commerce in any way, nor contributed to the rise in exchange that is experienced." a letter in the _gazette_ of 25th april, 1829, on the subject of "monnaie," written at the request of sir j. colborne, the lieutenant-governor, suggests that people in authority in jersey interested in banks oppose state notes, lest these should be preferred to theirs. the leader of the same issue of the _gazette_ states that "the generality of the inhabitants have confidence in the states' notes (it being always understood that the issue of notes shall be kept within just limits) because they know that the whole property of the island forms the guarantee for their payment." "campagnard" in the _gazette_ of 28th february, 1829, suggests the need of some other currency than states' notes for trade in france or with london and paris, but feels alarm at anything that might stop the public works in the island. the difficulty of getting cash for notes is alluded to only when the period of controversy referred to in the next chapter is reached. but for about the first ten years of their issue it would appear that no exception was taken to the notes nor difficulty experienced in their use. external exchange seems to have flourished side by side with this internal currency. chapter v first rumblings of opposition the feeling in favour of the system was not however entirely unanimous. in 1826 we find the first trace of opposition which gradually grew and grew until, as we shall see later, it was decided in 1837 that the states should not issue any more notes. whether the opposition was entirely due to this financial system as such is open to question. errors of judgment with reference to the fountain street improvement may have been made. self-interest on the part of some may have been one of the factors. into these questions the writer cannot enter here. all that he wishes to point out is that it seems to him from studying the records that there were various currents of opposition which centred round the issue of paper money by the states. in september, 1826, three members of the states, josias le marchant, james carey and jean le marchant, the two latter being members of the finance committee, thought that the king's consent should be obtained for works to be undertaken in fountain street. they considered that the anticipations of future revenues were "not only fatal to their credit but contrary to the order of his majesty in council, 19th june, 1819, viz., 'that the states of the said island do not exceed in any case the amount of their annual income without the consent previously obtained of his royal highness in council.'" daniel de lisle brock, after consulting la cour royale (the supreme court of judicature), writes his views in a _billet d'etat_, and summons the states to meet 22nd november, 1826. in his words, which we quote at some length, are seen both his enthusiasm and his caution. "it was not possible, as every one must admit, to do without anticipations; but these differ from a debt in that a certain clear and definite income is appropriated for meeting them, at certain fixed times. they are only assignations on assured funds ear-marked for their payment. watch must be kept, it is true, that they are paid from these same funds. for by letting the period during which they should end pass, and by spending on anything else the income appropriated to them, they would become a permanent debt. the experience of several years has shown us that these assignations may be used without danger, and that they have been fully paid off as they fell due. "the advantage which has resulted is manifest. if we had had to wait till funds were in hand to set to work at fountain street, who could have foreseen when, if ever, this moment would arrive. is it nothing, in the midst of this short life, when it is a question of an object of the first necessity among the wants of the community, to have anticipated by sixteen or seventeen years the enjoyment of this object? doubtless evil is close to good: the abuse of the best things is always possible. is this a reason for forbidding the use of what is good and profitable? is it not better to procure it as soon as possible whilst availing ourselves of the means at our disposal to avoid its abuse? whilst these means are employed, and so long as the income is sufficient, there is only one possible danger--that of allowing the time for meeting these anticipations to pass without paying them, and thus of seeing the debt increased by the amount of the non-cancelled obligations. this danger is seen to vanish when we consider the precaution taken by the states, the watchfulness of all their members, the committee which they have appointed specially for this purpose, when we think of the publicity, of the exact acquaintance from year to year which all the inhabitants have of the liabilities, the receipts and expenditure of the states. all this watchfulness and all this publicity are the strongest safeguard that could be given against any danger in this respect." the resolution to refer the matter to the king was lost, only five voting for it; and a resolution was carried expressing confidence in the present method. in the following year, 1827, the guernsey banking company, now known as the old bank, was founded from the firm of priaulx, le marchant, rougier & company. jean le marchant was vice-president of this bank. it is said that at the states meeting on 15th november, when objections were raised lest the states' notes should suffer, the bailiff seemed to foresee no danger. "good bills are better than bad coin." notwithstanding the decision of the states in 1826, the three jurats, josias le marchant, james carey and jean le marchant were still uneasy, and on 10th april, 1829, complained direct to whitehall that "the states had exceeded their annual revenues for works of public utility without the express sanction of the superior authority, and had for these same works contracted liabilities which exceeded the means of the states." the privy council on the 19th june forwarded the complaint to the states and asked for an explanation. the states, at their meeting, 27th august, 1829, instructed a committee to examine the charges, draw up a report and answer, and submit the same to the states. the committee selected was the finance committee, which was revised at this time, the chief change being the omission of the two complainants, james carey and jean le marchant. a guess may be hazarded that this committee appointed daniel de lisle brock to draft the reply. this interesting document fortunately exists not only in french but in english (doubtless for the benefit of the privy council). in characteristic language, enthusiastic and patriotic, while clear and matter of fact, it sets out the present situation and sketches the history of the island since the close of the war. the greater part of it appears in the next chapter. chapter vi the reply of the states with a few slight omissions the following is the official translation of "the answer of the states of guernsey to the complaint of three of their members dated the 10th april, and transmitted by their lordships's order of 19th june, 1829. "my lords, discarding from their minds allusions and topics of a personal nature and every sentiment of recrimination, the states of guernsey are desirous of vindicating themselves in the manner most becoming the respect due to your lordships, and the consciousness of right, by setting facts against errors, reason against fears, 'honest deeds against faltering words.' "to judge of the states by any particular act or period would be to dismiss all consideration of previous motives and future benefits, of connecting causes and effects. comprehensive views of the general policy of the states can alone enable them to prove, and your lordships to judge, of the wisdom and propriety of their measures. taking, therefore, a retrospect of the period which immediately preceded the grant of the duty on spirituous liquors first graciously conceded in 1814; they deem it necessary to lay before your lordships a summary account of the state of this island, at, and from that period. "the steps taken during the war for the prevention of smuggling had deprived this island of the trade which the supply of that traffic occasioned, and a great portion of the inhabitants of their usual occupation, consisting not in smuggling themselves, but in importing the goods and making the small packages in which those goods were sold in the island; privateering, adventurous speculations, and the great expenditure of fleets and garrisons compensated in some measure for the loss of this occupation, but when the war ceased also, a general want of employment and consequent distress ensued. * * * * * "in 1813 the sea which had in former times swallowed up large tracts, threatened from the defective state of its banks to overflow a great extent of land. the sum required to avert the danger was estimated at more than £10,000, which the adjoining parishes subject to this charge were not in a condition to raise. the state of the finance was not more consolatory, with a debt of £19,137, and an annual charge for interest and ordinary expenses of £2,390, the revenue of £3,000 left only £600 for unforeseen expenses and improvements. "thus at the peace, this island found itself with little or no trade; little or no disposable revenue; no attraction for visitors, no inducement for the affluent to continue their abode, and no prospect of employment for the poor. no wonder, therefore, if emigration became the object of the rich in search of those good roads, carriages and other comforts which they could not find at home, and the only resource of the other classes, whose distress was likely to be aggravated by the non-residence of the former. misery and depopulation appeared inevitable, from the peace to the year 1819 inclusive, more than five hundred native and other british subjects embarked for the united states, and more prepared to follow. "it is said, the powers of the human mind in society lie at times torpid for ages; at others, are roused into action by the urgency of great occasions, and astonish the world by their effects. this has, in some measure, been verified in this island, for though nothing done in so small a community can cause a general sensation, its exertions may yet produce wonderful results, within its own sphere. it is the duty of the states to show that, roused by the deplorable situation above described, they took, and have since pursued the steps best adapted to meet the exigency of the case, and that those steps have been attended with complete success. "to increase the revenue was an indispensable preliminary, but to do so, no other means lay within the power of the states than a tax on the several parishes according to the rates at which they were respectively assessed, and to this tax there were insuperable objections.... "under these circumstances was the application made for the duty on spirituous liquors: and notwithstanding the opposition of many of the inhabitants his royal highness the prince regent, was graciously pleased by an order in council of 23rd july, 1814 to authorise the states to raise 1s. per gallon on all such liquors consumed in this island for the term of 5 years. the same duty was renewed for 10 years by virtue of a second order in council of 19th june, 1819 after similar opposition. and on the declaration at your lordships' bar of the advocate deputed by the opponents that a clause to the following effect would reconcile them to the measure, and no objection being made to it on the part of the states, these words were inserted in the gracious order in question: viz.:--'that one thousand pounds per annum of the produce of the said duty be applied solely to the liquidation of the present debt, together with such surplus as shall remain out of the produce of the tax in any year after defraying the expenses of roads and embankments and unforeseen contingencies. and that the states of the said island do not exceed in any case the amount of their annual income without the consent previously obtained of his royal highness in council: and the said states are hereby directed to return annually to the privy council an account of the produce and application of the said tax.' "in 1825 the lt. governor sir john colborne, and the states, having extended their views to the erection of a new college and other important works which could not be undertaken without the assurance of a renewal of the duty, constituting the chief part of the revenue, a third order in council of the 30th september, 1825, conceded to the states the right of levying the same for 15 years, beginning on the 1st september, 1829, and this without the smallest opposition from any of the inhabitants, and without the conditions annexed to the second order. "with gratitude for the means placed at their disposal the states feel an honest pride in the recital of the manner in which those means have been applied. first, considering the danger arising from the bad state of the sea embankments, and the hardship of subjecting particular parishes to a charge for the general safety to which they were unequal, the states took on themselves the present repairs, and future maintenance of those embankments. this essential object connected with the paved slips or avenues to the beach, has been attended with an expence of £14,681 19s., without including five or six thousand for a breakwater to defend the line of houses at glatney, on the north side of the town. "independently of the sums contributed by government towards the military roads, from twenty-nine to thirty thousand pounds have been expended by the island on the roads, so that in lieu of those before described, there are now fifty-one miles of roads of the first class, as good as those of any country, with excellent footways on all of them, and 17 miles of the second class. "not only the main harbour, piers, quays, buoys and sea marks have been attended to, and at a great expense, but, in order to facilitate the exportation of the granite from the north of the island, the harbour of st. sampson has been rendered secure and convenient by a new breakwater and quay. "the situation and state of the town were thought to preclude all hopes of much amelioration, but the widening of high street, and other streets, the reducing the precipitous ascent to the government and court house, the clearing away of the unsightly buildings that obstructed the view and approach to those public edifices, the new sewers, pavements, and, above all, the public markets and new fountain street, attest the solicitude of the states towards the town, and surprise those who return to it after a few years absence. add to these the enlarging and improving of the court house and record office, where the public have daily access, and where are kept the contracts and registry of all the real property (of) the island. add also the new college, which, with the laying out of its grounds and the roads round its precincts, contributes to the embellishment of the town, induces families from other places to settle in the island, on account of their children, and affords to the inhabitants the ready means of a good education. "the advantage resulting from all these improvements has not been confined to their utility, or to the increased activity given to industry, and the circulation of money by the public expenditure: they have excited in all classes a similar spirit of improvement, which displays itself in the embellishment of the premises already built upon, and above all in the number of handsome dwellings since erected. in the town parish alone 401 houses have been built since the year 1819 at an expense of upwards of £207,000, and few towns do now present a more animated scenery around them, or one where ornament and comfort are more generally united; the same comfort and improvement are witnessed in every direction, and at the greatest distances from town. and thus it is, that the public works have not only given life and activity to every species of industry by the immediate effects of their utility, as for example to the building of a number of mills in the island, before supplied with most of its flour from abroad, and now enabled to manufacture it for exportation, but and still more by the consequent impulse communicated on all sides, prompting the wealthy to lay out for private mansions greater sums than were expended for public works and creating a permanent source of employment, by the future expenses which the repairs and occupations of those mansions will require. "the extent of benefits conferred is sufficiently attested by the concurrent testimony of inhabitants and strangers. the sole objects of his majesty and of his most honorable privy council are the public good and general happiness; the states might therefore, confidently look for indulgence, even if, in promoting those objects, they had fallen into some little deviation from the strict letter of any particular order. but implicit obedience to the royal authority in council being their paramount duty, they cannot rest satisfied under the imputation of having, even unintentionally, derogated from that duty. "the words of the second order in council have already been cited. the right of levying the duty on spirituous liquors is granted for ten years: a condition is annexed purporting that the states shall not exceed their annual income, and on the contrary that out of the produce of the duty, one thousand pounds shall be applied annually to the extinction of the debt; that condition is naturally in force for the same period, and for the same period only, as the grant to which it is annexed; it is necessarily so limited, because the means by which it is to be fulfilled, the produce of the duty, ceases at the end of the ten years for which the duty is granted. "the states are bound to prove that they have complied with the conditions of that order; they did so comply, when wishing to erect a new market, they applied for and obtained the order of 10th october, 1820, which imposed on them, at their own request, the further obligation of an annual payment of £450 for 10 years; this sum began to be paid in 1822, and has been paid for 8 years, during which the obligation amount to £3,600 0 0 the former obligation amounts, for the 10 years now elapsed to £10,000 0 0 ------------ total amount of the two obligations imposed £13,600 0 0 the debt at the commencement of the 10 years elapsed amounted in rents and money, including the cost of the market, to £43,668 15 2 the debt, rents and market included, has been reduced to £27,740 0 0 ------------ total amount of the sums actually applied to the payment of the debt £15,928 15 2 "the conditions of the second order in council have thus been more than fulfilled, by the application of £2,328 15s. 2d. to the payment of the debt over and above the obligations imposed. those conditions, incidentally introduced in the second order, do not in any way form a part of the third order now in force. "though released from the positive conditions of the former order, the states have shown no intention, and do by no means desire to depart from its general spirit; graciously offered by the third order in council to continue their improvements, they came to the following resolution on 22nd november, 1826: 'that far from entertaining any wish of augmenting the debt the states recognise the principle that it should not exceed, at the end of the 15 years for which the duty is further granted, the sum to which the debt shall amount at the end of the 10 years present duty: they impose on themselves that obligation anew, and bind themselves by the most solemn engagement not to increase the debt.' * * * * * "what cause of alarm can there then possibly exist? what prospect, on the contrary, the states humbly ask, can be more gratifying than that of remaining with our new college, new harbours built and to be built, new markets of every description, new roads in every direction, new streets, one of thirty feet instead of seven in the greatest thoroughfare between town and country, in short, with nearly all the greatest improvements that can be desired, paid for to the last shilling; and all this according to the statement of the plaintiffs themselves, with the debt reduced to £15,000, and the revenue augmented £1,700 per annum, by those very improvements. * * * * * "in the markets and fountain street, the states have undertaken works essentially necessary. the cost might be supposed to exceed the means of the states, if credit did not in the first instance furnish the chief expense without the charge of interest, and if the works themselves did not provide for the extinction of the engagements incurred. "the views of the states are to render these public improvements a source of future revenue, which shall again afford the means of further and greater improvements. "the same plan has been acted upon with success in several places, and particularly at bath and liverpool,[4] to the permanent increase of their revenues, and to the general benefit of those places, and of the country at large. it is difficult indeed to conceive whence can arise the objections to measures, which without laying the least burthen on anyone, surely and quietly operate to the general good, except it be from the disinclinations of most persons to enter into that close examination of figures necessary to a right understanding, and the distrust consequent on the need of that examination and comprehension. in our case, it may be added, that accustomed, on the subject of improvement, to a long apathy confirmed by the state of a revenue inadequate to the least undertaking, works of magnitude when first proposed created the greatest alarm. the new roads were opposed by the far greater number of those who were to derive the most benefit from their use, and who from experience are now clamorous for more. the market was only voted the third time it was offered to the consideration of the states, although it was represented that independently of its various advantages, it would in a short time permanently add to the revenue. experience has proved the correctness of that view of the question, and opening the eyes of the public, has turned their sentiments of fear and distrust to one of perfect confidence. hence it was that the public voice called on the states to realise the benefits likely to result from the substitution of a street thirty feet wide, in lieu of one of seven feet, in the heart, and connecting the two extremities of the town, and forming the principal avenue from the country to the harbour; twenty to thirty carts frequently waited at one end until those from the other had passed. such a thoroughfare in the most populous quarter could not but be fraught with danger, and the accidents that occurred were numerous, while the closeness of the street, height of the houses, and filth collected at the back of them were a constant source of nuisance and disease. never was a measure voted with so much unanimity and general satisfaction as the removal of this public nuisance, and rebuilding fountain street, notwithstanding it to be now the ground of the complaint before your lordships. * * * * * "relatively to so small a section of the empire, great things have been done with slender means; that so much has been done may with truth be ascribed to the fairness and disinterestedness which have marked every resolution of the states, and its execution; to the vigilant and gratuitous superintendence of their committees, and to the public spirit of the inhabitants. "devoted to the good of his majesty's service, and not resting on isolated facts, the states have laid open the whole of their conduct and views, and beg leave to refer to their worthy and highly respected lieutenant-governor major general ross for the correctness of their statement, and for the situation of the island. they have the approval of their fellow-subjects and of their conscience, but they would feel deeply humiliated if they did not merit and obtain the commendation of your lordships." the reply is accompanied by five appendices giving detailed figures to substantiate the argument and point out errors in the figures of the complainants. it is not necessary to weary the reader with these. appendix i., however, is interesting, as it shows that more than half the debt of the states consisted of these notes on which no interest was paid. "appendix i. debt of the states:- to the savings bank at 3 per cent. first vote £10,000 to individuals 557 ------ at 3 per cent. interest £10,557 in notes of 20s. each 14,443 135 quarters 2 bushels 8 denerels, and 18 sous 8 deniers rents equal to 2,740 ------ £27,740 deduct from this the balance still due by the market, and carried to the joint account of the market and fountain street 6,100 ------ £21,640[5]" the scope of the remaining appendices is shown by their titles:-appendix ii.: plan of finance adopted by the states and to be pursued during the fifteen years from this date, ending in 1844 inclusive. appendix iii.: remarks on the statement of account making part of the complaint presented against the states. appendix iv.: joint account of fountain street and the market. appendix v.: amount of the produce on the duty of 1s. per gal. on all spirits consumed in the island of guernsey, and the manner in which it has been expended during the ten years for which the said duty was granted, beginning september 1st, 1819. in obedience to order of h.m. in council of june, 1819. this reply was very favourably received by the states at their meeting 23rd december 1829 and adopted almost unanimously. one of the rectors spoke of it as "most judicious and consolatory, especially considering that room had been given for the exercise of opposite feelings." the leader writer in the _gazette_ recommended the reply to "the particular attention of every true guernseyman." improvements in the island were due to m. le bailiff, against whom and whom alone the complaint is directed. "as a wise administrator he has known how to contrive the means of effecting this great good without imposing the least tax or inconveniencing his fellow citizens." footnotes: [4] see appendix. [5] market. the cost was £12,748 paid off since 1822 6,648 ------ balance due on market 6,100 chapter viii the crisis no trace was found of any reply or acknowledgment by the privy council. presumably they were satisfied with the answer submitted by the states. but not so the opponents. in addition to the old bank already mentioned, another bank, the commercial bank, had been started in 1830. both of these appear to have issued notes at their own discretion. consequently the island seems to have been flooded with paper money, and an awkward situation had arisen. the commercial bank claimed an equal right with the old bank and even with the states to issue notes. the finance committee, it was stated, had refused to confer with the commercial bank. so long as the banks had a right to issue notes they appear to have had it in their power to put pressure on the states. for they could thus put into circulation a currency beyond that required for the internal needs of the island. daniel de lisle brock summoned the states to consider the matter, evidently with the intention of obtaining an injunction against the issue of notes by the banks. his message to the states meeting, held 21st september, 1836, is very spirited and defends the rights of the states as against private individuals, as will be seen from the following lengthy quotation. "if there is one incontestable principle it is that all matters relating to the current coin of any country have their source in the supreme prerogative, and that no one has the right to arrogate to himself the power of circulating a private coinage on which he imprints for his own profit an arbitrary value. if this is true for metal coins still more so is it for paper money which in itself has no value whatever. "has not experience shown us the danger of private paper money? can we have forgotten the disastrous period when payment of one hundred thousand one-pound notes put into circulation by two banks enjoying good credit was suddenly stopped? have we forgotten the ruin of some, the distress of others, the embarrassment of all? have we not quite recently seen a bank established by people considered immensely rich, advancing large sums for distilleries, steam boats and other projects, and coming to an end in less than two years with a composition with its creditors who thought themselves lucky to get a few shillings in the pound? "with these facts before our eyes we must realise the necessity of limiting the issue of paper money to the needs, the custom, and the benefit of the community in general. permission cannot be granted to certain individuals to play with the wealth and prosperity of society, to take from it its hard cash and to give it in exchange rags of paper. what incentive can they offer to persuade the public to give up to them valuable bills for worthless ones, certainty for uncertainty? what advantage can they pretend will accrue to the public from the loss of its currency and the possible depreciation of their paper? these general reflections will find their application. let no one exclaim against the possibility of the supposed danger. the wealth of the present stockholders of our banks is well known, their names suffice to inspire the greatest confidence; but apart from extraordinary events, the ordinary casualties of life may bring about in a short time the change of all these names, and there may remain in their place only men of straw. * * * * * "the states are met in order to take counsel together on measures for its defence. for an object so important they ought to count on the help of all friends of their country. "speaking of the present banks, and it is necessary to refer to them, no one desires more than i do to see them flourish, provided that it is not at the expense of the public interest. several of the stockholders seem to rely for success on the issue of paper-money, as if this were the principal aim of the business of banking. this aim, on the contrary, is quite foreign to real bankers--one finds them in all the great towns of europe enjoying colossal fortunes--they never dream of paper-money; their functions are confined to discounting bills, furnishing bills on all countries, taking money on deposit at low interest to lend it again at the legal rate on landed estates, or property of assured value, and to a number of other services required by commerce: each transaction yields a profit which should suffice. a bank of this kind was wanting in the island. the first of the two existing ones was formed under the most favourable auspices, nothing could exceed its credit: although it issued paper money it did not seem inclined to push this circulation to the point of annoyance to the states. it even made common cause with them when it was a question of replacing the old coins with new, and contributed half the expense. if it had shown itself more obliging and ready at any time to supply bills for those who, money in hand, wanted them to meet engagements in london or paris, it would have continued the only bank for all business. but as it would not put itself out in any way, the second bank was started by merchants in order to escape from the domination and caprice of the first. "the second bank should have kept, and still ought to keep, to the legitimate business of banking transactions. it appeared to have for its principal object the issue of paper money; even on its origin it suggested that the states and the two banks should weekly make a mutual exchange of their respective notes, each party paying interest for the balance of notes remaining against it; in this way all the notes of the states would have found themselves in the coffers of the banks and paying interest to them. though this proposition was not accepted, the states were not the less troubled with requests for cash in payment of their notes, and these requests are daily--not only for the ordinary household needs, as might have been expected, but for sending abroad, for if there are drafts to be cashed by the bank for anyone who wishes for money to send to france or to jersey, the drafts are paid in states notes, in order that the money shall ultimately come from this last named source. the bank makes no secret of its pretensions: there are, it says, three parties for issuing paper money; this issue cannot rise above £90,000 since the circulation in the country does not allow for more, the states ought to have only one-third of the issue, the two banks the two remaining thirds. this is a fine way of making the division, and very convenient certainly for the commercial bank. it would even have some show of justice if the parties had equal rights, and if the public had no interest in the matter; but the rights are not equal--the bank has none to put forward, that of the states is incontestable: they exercise it for the welfare and advantage of the whole island which they represent. consequently the public has the greatest interest in preserving for the states the power of issuing paper-money without interruption. let the bank reply to the questions already put; let it say what inducement it can offer the public to drive out of circulation the states notes, the profit on which benefits all, especially the productive classes, and substitute for it bank notes, the profit on which benefits only individuals of the unproductive classes? now is the time to ask the proprietors themselves and ascertain whether in starting a bank they ever had the intention of letting it work to the detriment of their country? the public treasury is the heart of the state--did they ever wish, do they to-day wish to strike it with a dagger? i know that we live in a financial age, that it is reproached with indifference to every generous sentiment, and that the love of money and the lust for gain absorb all other passions. in spite of that i have not lost all confidence in the patriotism of the members of the bank, they have the greatest personal interest in supporting the states in their efforts for the improvement of their country, efforts which contribute so greatly to the prosperity of internal commerce, to the residence of inhabitants of means, and to the wealth of strangers. finance is the pivot on which turns the administration of affairs. the least disturbance imposes on me the duty of sounding the alarm and summoning the states. what i have said will be sufficient, i hope, to persuade the bank to maintain a friendly course. the bank should feel that it is not enough to intend not to injure, but that it is necessary to abandon any step which, even without its wish, would be prejudicial to the interests of the country. it should recognise that, as regards the circulation of paper-money, the states have, for a long time and for the common good, been in possession of the ground which it seems to wish to invade, which, however, it cannot occupy without injustice. "every war, it is said, ends where it should have begun--in peace. i am firmly convinced of this truth; and experience has shown me that in civil life as in political, war might almost always be avoided to the great advantage of both parties, and that lawsuits, like wars, have for end rather the injury of the adverse party than good to oneself. the states are on the defensive, and such war is just and inevitable if any war is. it is, moreover, a war in which all the inhabitants who are the friends of their country will eagerly unite for the defence of the states in their just rights--thus united they will defend them with complete success. for this purpose the states will doubtless appoint a committee with the fullest powers to propose, in case of need, measures which may ultimately become necessary. "i do not forsee that the case will require it, and i should wish to avoid, as far as possible, any foreign intervention--but if the efforts of the states were not sufficient to defend their rights there would be no alternative, they would find themselves obliged to petition his majesty in council to consent to restrict the issue of one pound notes, and only to permit the putting into circulation of the number absolutely required by the states. under the present circumstances this would be an indispensable measure, and it can scarcely be doubted that a humble request to this effect would be graciously received." the debate, reported at length in the local papers, was a heated one. it first raged round the third proposition, which appealed in general terms to the islanders to rally round the states. the following is the proposition as translated by the _comet_ of 22nd september, 1836:--"that in execution of the numerous ameliorations that have taken place during the last 20 or 30 years, the states having put into circulation about 55,000 one pound notes, as a financial measure in favour of the public generally, if they are of opinion to defend the rights of the states against those who wish, for the advantage of a few individuals only, to hinder the circulation of the states notes, for the purpose of substituting those of private individuals in lieu thereof; and whether it would not be proper to make an appeal to all the inhabitants, who are the friends of their country, to invite them to afford their assistance in supporting with all their might the notes belonging to the states." this was carried by 18 votes to 11. the minority represented chiefly town rather than country parishes, the jurats being equally divided, and included at least two persons closely connected with the banks. the victory of states notes seemed complete, and the fourth proposition appointing a committee to give effect to the decision was carried by a large majority. it is as follows:-"if they are of opinion to name a committee that shall be authorised in a special manner to defend the rights and interests of the states, and of the public:--to do their utmost by every conciliatory measure in their power, and above all, to agree to an arrangement that shall screen the states from all interruption in the circulation of their notes, which have been issued for the benefit and advantage of the public, with the design of gradually diminishing the number annually. and in the event of such an arrangement not taking place, to adopt every measure, and make every necessary sacrifice for supporting the circulation of the states notes. and finally, should the case require it, to propose to the states the adoption of those ulterior measures deemed requisite by the committee, for the general interests of the island." the meeting ended with a fine fighting speech from the bailiff. he reiterated the principle of the states being the sovereign power in issuing currency, claimed that the cour royale had the right of stopping the private issue of notes, and pointed to the example of england, where only £5 notes were permitted in the country, and these under a heavy tax, while only the bank of england might issue notes in and around london. he showed that it was a choice between notes issued for the benefit of individuals and notes issued for the public good. he defended the improvements carried out by the states, and once again declared that they had been advantageous in giving employment to the poor, security to the rich and encouragement to commerce. chapter viii the end one can imagine the enthusiasm and the satisfaction with which the majority returned home. one anticipates a triumphant report in the bailiff's best vein; and expects that the banks will in future have to confine themselves to the operations permitted to english banks, while the states restore equilibrium by causing the withdrawal of superfluous notes and confining future issues, once again entirely in their own hands, to quantities proportioned to the needs of the island. with surprise, the subsequent proceedings are found to be on quite different lines. truth is stranger than fiction. the prosaic facts are as follows:-the bailiff in presenting his _billet d'etat_ to the states meeting, 29th march, 1837, reported on the arrangement made by the committee with the two banks. he brought forward no proposition on the matter on which the states should deliberate. he simply states that:-"after some preliminary conferences the committee received the following letter:- 'to d. de lisle brock, esq., bailiff, etc., etc., etc., guernsey, 8th oct., 1836. sir, to settle the differences now existing between the states and the banks, and to promote an amicable adjustment between them, we propose: that the states should withdraw immediately £15,000 of their notes, nor have at any time more than £40,000 in circulation, give up all banking transactions, and cease to collect the notes of the banks. in consideration thereof the banks engage whenever they draw bills either on london or paris, to take states' notes for one half at least of their amount and to pass them to the public as their own. the banks further engage to supply the states annually with £10,000 in cash, each bank to provide for one half, by payments of £250 at a time, and this free of expence and in exchange for states' notes. the above agreement to remain in force until three months notice be given by either party to the others to annul the same. we remain respectfully, sir, _signed_ for priaulx, le marchant & co. thomas d. utermarck, abraham j. le mesurier. for the commercial banking co., h. d. g. agnew } t. de putron } managers.' "and asked m. le bailiff to reply as follows:- 'court house, guernsey, 9 oct., 1836. gentlemen, the committee named by the states on the 21st september for the purpose of conferring with the banks which you represent, on the subject of the one pound notes current in this island, have taken into consideration the proposals which you have transmitted to them, under yesterday's date, 8th oct. the committee adopt those proposals as the basis of the arrangement so desirable to be entered into, and from this day to be in force between the states and the banks.--they do so, because the states may at any time, within 3 months, release themselves from the obligations which that arrangement imposes; and above all, because the sacrifice of pecuniary gain on the part of the states which it may deem to occasion, will be more than compensated by the harmony and good feeling which it will tend to promote among the inhabitants, and which constituting the chief happiness of a well regulated community, can hardly be too highly estimated. with sentiments of a like friendly nature, sincerely entertained by the committee towards yourselves, and the rest of their fellow citizens, i have the honour to be, gentlemen, your obedient humble servant daniel de lisle brock, president of the states' committee.' "in consequence of this arrangement the committee decided that £10,000 sterling of the total one pound notes in circulation on account of fountain street should be withdrawn as a savings bank loan at an interest of 3 per cent. per annum. also that five thousand of those forming part of the old debt, called the permanent debt, should be withdrawn to be converted into obligations at 3 per cent. per annum." in the discussion at the states meeting on a proposition to authorise the payment of a sum spent on repairs to the coasts, there were references by three members of the states to the fact that the expenditure of the states would be increased by having to pay interest on the 15,000 £1 notes withdrawn from circulation. the same fact is alluded to in a few words by daniel de lisle brock himself in his _billet d'etat_ to the states, 20th september, 1838. commenting on the finance committee's report, he tabulates five items of annual loss, among which is found the terse remark, "the founding of the commercial banks causes an annual loss of £450." although the states thus agreed not to issue any more notes, to complete the history it should be recorded that these £40,000--to be perfectly accurate the total amount in 1906 was £41,318--are still in circulation in the island. conclusion as stated in the introduction, the writer has determined, though somewhat tempted, not to discuss the interesting and debatable points that arise from a consideration of this subject. he is satisfied, for the present, with placing the facts before the public. he leaves those facts for abler minds than his to make such use of as they may desire. great care has been taken to record only that for which there is chapter and verse. but he would like, in conclusion, to remark that it seems to him that the states, even to-day, still derive some little benefit from having a portion of their "debt" on which they pay no interest. this may be gathered from the following table made up from facts taken from the _billet d'etat_ presented to the states 22nd august, 1906, at which meeting the writer was an interested spectator. summary of the indebtedness of the states of guernsey:- ------------------------------------+------------------+-------------- | balance 31 dec., | interest paid | 1905. | during 1905. ------------------------------------+------------------+-------------- | £ | £ states general account obligations | 68,570 | 1,953 19 3 special loan obligations | 57,500 | 2,295 0 0 notes of _20s._ each payable to | | bearer | 41,318 | nil "rentes" estimated capitalised | | indebtedness thereon | 7,059 | nil departmental borrowings | 33,000 | 965 8 0 | | paid by depts. | | to general | | account. +------------------+-------------- total indebtedness | £207,447 | --- ------------------------------------+------------------+--------------the circulation of these notes in the island to-day is, if nothing more, an interesting relic of an interesting financial policy which certainly was in vogue in guernsey for over 20 years (1816-1837). the mystery surrounding the abrupt catastrophe is yet undeciphered and is likely to remain so, as there seems no material from which to glean what took place during those few but momentous days between the 21st september and 9th october. was there treachery? was it but the inevitable fate of the "best-laid schemes o' mice and men"? or was it a unique and deplorable economic tragedy? appendix we have not yet discovered anything with reference to a successful plan at bath to which daniel de lisle brock here alludes (see page 40). we assume the reference to liverpool is to the fact that during a time of financial panic the liverpool corporation was empowered by statute 33, geo. iii., c. 31 (10th may, 1793), to issue notes of £5, £10, £50 and £100 for value received or other due security. this act entitled "an act to enable the common council of the town of liverpool in the county of lancaster on behalf of and on account of the corporation of the said town to issue negotiable notes for a limited time and to a limited amount," was passed after the corporation of liverpool had failed to obtain a loan of £100,000 from the bank of england. the £50 and £100 notes bore interest not exceeding the lawful rate and at 12 months' date. the £5 and £ 10 notes were payable to bearer on demand without interest. the total issue was at no time to exceed £300,000. returns had to be forwarded to the house of commons from time to time. from one of these returns we learn that the notes issued to 28th february, 1795, amounted to £140,390, based on security valued at £155,907 16s. 6d. in a report forwarded 23rd april, 1794, it was stated that £52,985 worth of notes were in circulation at that date. great care was taken in the issue of the notes. the committee of the corporation that was responsible for the same met daily. in order to give a wider utility to the notes, london correspondents were appointed and a large number were made payable in london. this made it possible for the corporation itself to apply to the committee for a large loan of £50,000. the security on which advances were made were very various. it included cotton, timber, iron, hops, whale oil, bills of exchange, ships on the stocks and the alt rates. * * * * * for further particulars of this interesting incident, the reader is referred to sidney and beatrice webb's _english local government_: "the manor and the borough," p. 485, and to e. c. k. gonner's article, "municipal bank notes in liverpool, 1793-95," which appeared in the _economic journal_, vol. vi., 1896, pp. 484-487, to whom the writer is largely indebted for the above facts. studies in economics and political science _a series of monographs by lecturers and students connected with the london school of economics and political science_ edited by the director of the london school of economics and political science =1. the history of local rates in england.= the substance of five lectures given at the school in november and december, 1896. by edwin cannan, m.a., ll.d. 1896; 140 pp., cr. 8vo, cloth, 2s. 6d. _p. s. king & son._ =2. select documents illustrating the history of trade unionism.= i.--the tailoring trade. by f. w. galton. with a preface by sidney webb, ll.b. 1896; 242 pp., cr. 8vo, cloth. 5s. _p. s. king & son._ =3. german social democracy.= six lectures delivered at the school in february and march, 1896. by the hon. bertrand russell, b.a., late fellow of trinity college, cambridge. with an appendix on social democracy and the woman question in germany. by alys russell, b.a. 1896; 204 pp., cr. 8vo, cloth. 3s. 6d. _p. s. king & son._ =4. the referendum in switzerland.= by m. simon deploige, university of louvain. with a letter on the referendum in belgium by m. j. van den heuvel, professor of international law in the university of louvain. translated by c. p. trevelyan, m.a., trinity college. cambridge, and edited with notes, introduction, bibliography, and appendices, by lilian tomn (mrs. knowles), of girton college, cambridge, research student at the school. 1898; x. and 334 pp., cr. 8vo, cloth. 7s. 6d. _p. s. king & son._ =5. the economic policy of colbert.= by a. j. sargent, m.a., senior hulme exhibitioner, brasenose college, oxford; and whately prizeman, 1897, trinity college, dublin. 1899; viii. and 138 pp., cr. 8vo, cloth. 2s. 6d. _p. s. king & son._ =6. local variations in wages.= (the adam smith prize, cambridge university, 1898.) by f. w. lawrence, m.a., fellow of trinity college, cambridge. 1899; viii. and 90 pp., with index and 18 maps and diagrams. quarto, 11 in. by 8-½ in., cloth. 8s. 6d. _longmans, green & co._ =7. the receipt roll of the exchequer for michaelmas term of the thirty-first year of henry ii. (1185).= a unique fragment transcribed and edited by the class in palæography and diplomatic, under the supervision of the lecturer, hubert hall, f.s.a., of h.m. public record office. with thirty-one facsimile plates in collotype and parallel readings from the contemporary pipe roll. 1899; vii. and 37 pp.; folio, 15-½ in. by 11-½ in., in green cloth; 5 copies left. apply to the director of the london school of economics. =8. elements of statistics.= by arthur l. bowley, m.a., f.s.s., cobden and adam smith prizeman, cambridge; guy silver medallist of the royal statistical society; newmarch lecturer, 1897-98. 1901; _third edition_, 1907; viii. and 336 pp. demy 8vo, cloth, 40 diagrams. 10s. 6d. net. _p. s. king & son._ =9. the place of compensation in temperance reform.= by c. p. sanger, m.a., late fellow of trinity college, cambridge; barrister-at-law. 1901; viii. and 136 pp., cr. 8vo, cloth. 2s. 6d. _p. s. king & son._ (_out of print._) =10. a history of factory legislation, 1802-1901.= by b. l. hutchins and a. harrison (mrs. spencer), b.a., d.sc. (econ.), london. second edition. with a preface by sidney webb, ll.b. 1911; xviii. and 372 pp., demy 8vo, cloth. 6s. net. _p. s. king & son._ =11. the pipe roll of the exchequer of the see of winchester for the fourth year of the episcopate of peter des roches (1207).= transcribed and edited from the original roll in the possession of the ecclesiastical commissioners by the class in palæography and diplomatic, under the supervision of the lecturer, hubert hall, f.s.a., of h.m. public record office. with a frontispiece giving a facsimile of the roll. 1903; xlviii. and 100 pp., folio, 13-½ in. by 8-½ in., green cloth. 15s. net. _p. s. king & son._ =12. self-government in canada and how it was achieved: the story of lord durham's report.= by f. bradshaw, m.a., senior hulme exhibitioner, brasenose college, oxford. 1903; 414 pp., demy 8vo, cloth. 3s. 6d. net. _p. s. king & son._ =13. history of the commercial and financial relations between england and ireland from the period of the restoration.= by alice effie murray (mrs. radice), d.sc. 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(econ.), london. 1909; xxiii., 336 pp., demy 8vo, cloth, 10s 6d. net. _p. s. king & son._ =17. india and the tariff problem.= by professor h. b. lees smith, m.a., m.p. 1909; 120 pp., crown 8vo, cloth. 3s. 6d. net. _constable & co., ltd._ =18. practical notes on the management of elections.= three lectures delivered at the school in november, 1909, by ellis t. powell, ll.b., b.sc. (econ.), fellow of the royal historical and royal economic societies, of the inner temple, barrister-at-law. 1909; 52 pp., 8vo, paper, 1s. 6d. net. _p. s. king & son._ =19. the political development of japan.= by g. e. uyehara, b.a., washington, d.sc. (econ.) london. 1910 xxiv., 296 pp., demy 8vo, cloth. 8s. 6d. net. _constable & co., ltd._ =20. national and local finance.= by j. watson grice, b.sc. (econ.), london. with a preface by sidney webb, ll.b. 1910; 428 pp., demy 8vo, cloth. 10s. 6d. net. _p. s. king & son._ =21. an example of communal currency.= by j. theodore harris, b.a. with a preface by sidney webb, ll.b. crown 8vo. 1s. net. _p. s. king & son._ _series of bibliographies by students of the school._ =1. a bibliography of unemployment and the unemployed.= by f. isabel taylor, b.sc. (econ.), london. with a preface by sidney webb, ll.b. 1909; xix., 71 pp., demy 8vo, cloth, 2s. net; paper, 1s. 6d. net. _p. s. king & son._ _series of geographical studies._ =1. the reigate sheet of the one-inch ordnance survey.= a study in the geography of the surrey hills. by ellen smith. introduction by h. j. mackinder, m.a., m.p. 1910; xix., 110 pp., 6 maps, 23 illustrations, crown 8vo, cloth. 3s. 6d. net. _a. & c. black._ 100 years ago guernsey experimented successfully with communal currency, to-day the co-operative brotherhood trust, ltd., is experimenting with co-operative currency. it has a small circle of manufacturers, merchants and private individuals using and circulating its currency. if you believe in its practicability, join it and help to ensure its success. if you want to know more about it, write for full information to-the secretary, 37, newington green road, london, n. works by henry w. wolff co-operative banking its principles and its practice, with a chapter on co-operative mortgage credit _demy 8vo, cloth_, =7s. 6d.= _net_ "mr. wolff is the author of a successful work."--_times._ a co-operative credit handbook demy 8vo, 96 pages. 1s. net contents--preface, general remarks, banks based upon shares (limited liability societies), model rules for such (with annotations), village banks (unlimited liability societies), model rules for such (with annotations). appendix: form of application, forms of bond for borrower, form of fortnightly balance sheet, model cash book. co-operative credit banks a help for the labouring and cultivating classes. 6d. village banks how to start them--how to work them--what the rich may do to help them, etc. 6d. london: p. s. king & son orchard house, westminster +-----------------------------------------------+ | transcriber's note: | | | | inconsistent hyphenation and spelling in the | | original document have been preserved. | | | | typographical errors corrected in the text: | | | | page 11 isue changed to issue | | page 61 viii changed to vii | +-----------------------------------------------+ * * * * * international finance by hartley withers _by the same author_. our money and the state, second impression. 3s. net. stocks and shares. fifth impression. 6s. net. money changing: an introduction to foreign exchange, third edition. 6s. net. the meaning of money. fifteenth impression. 6s. net. poverty and waste. 6s. net. war and lombard street. third edition. 3s. 6d. net. international finance. 6s, net. international finance by hartley withers "while man cannot live by bread alone. he cannot go on living, even a good life if he really falls short of bread." prof. j.l. myers. _first edition_ _may_, 1916. _reprinted_ _june_, 1918. preface responsibility for the appearance of this book--but not for its contents--lies with the council for the study of international relations, which asked me to write one "explaining what the city really does, why it is the centre of the world's money market," etc. in trying to do so, i had to go over a good deal of ground that i had covered in earlier efforts to throw light on the machinery of money and the stock exchange; and the task was done amid many distractions, for which readers must make as kindly allowance as they can. hartley withers. 6, linden gardens, w. _march_, 1916. contents chapter i capital and its reward finance the machinery of money-dealing--lenders and borrowers--capital and its claim to reward--stored-up work--inherited wealth--the reward of services--questionable services--charles the second's dukedoms--modern equivalents--workers and savers chapter ii banking machinery money at a bank--bills of exchange--finance and industry--supremacy of bill on london--london's freedom--the bank of england--the great joint stock banks--the discount market--bills and trade chapter iii investments and securities stock exchange securities--government and municipal loans--machinery of loan issue--underwriting--the prospectus--sinking fund--bonds and coupons--registered stocks--companies' securities--stock exchange dealings chapter iv finance and trade why money goes abroad--trade before finance--prejudice in favour of home investments--prejudice against them--the reaction--mexico and brazil--neutral moneylenders and the war--goods and services lent and borrowed--the trade balance chapter v the benefits of international finance international finance and trade--opening up the world--exchange of products--finance as peacemaker--popular delusions concerning financiers--financiers and the present war--the cases of egypt and the transvaal--diplomacy and finance chapter vi the evils of international finance anti-semitic prejudice--the story of the honduras loans--the problem to be faced by issuing houses--their moral obligations, responsibilities, and difficulties--bad finance and big profits--the public's responsibility chapter vii nationalism and finance dangers of over-specialization--analogy between state and individual--versatility of the savage--specialization and peace--specialization and war--should the export of capital be regulated? chapter viii remedies and regulations regulation of issues by stock exchange committee--danger arising therefrom--difficulty of controlling capital--best remedy is keener appreciation by issuing houses, borrowers, and investors of evils of bad finance--candour in prospectuses--war as financial schoolmaster--war as destroyer of capital--war as stimulator of productive activity index international finance chapter i capital and its reward finance, in the sense in which it will be used in this book, means the machinery of money dealing. that is, the machinery by which money which you and i save is put together and lent out to people who want to borrow it. finance becomes international when our money is lent to borrowers in other countries, or when people in england, who want to start an enterprise, get some or all of the money that they need, in order to do so, from lenders oversea. the biggest borrowers of money, in most countries, are the governments, and so international finance is largely concerned with lending by the citizens of one country to the governments of others, for the purpose of developing their wealth, building railways and harbours or otherwise increasing their power to produce. money thus saved and lent is capital. so finance is the machinery that handles capital, collects it from those who save it and lends it to those who want to use it and will pay a price for the loan of it. this price is called the rate of interest, or profit. the borrower offers this price because he hopes to be able, after paying it, to benefit himself out of what he is going to make or grow or get with its help, or if it is a government because it hopes to improve the country's wealth by its use. sometimes borrowers want money because they have been spending more than they have been getting, and try to tide over a difficulty by paying one set of creditors with the help of another, instead of cutting down their spending. this path, if followed far enough, leads to bankruptcy for the borrower and loss to the lender. if no price were offered for capital, we should none of us save, or if we saved we should not risk our money by lending it, but hide it in a hole, or lock it up in a strong room, and so there could be no new industry. since capital thus seems to be the subject-matter of finance and it is the object of this book to make plain what finance does, and how, it will be better to begin with clear understanding of the function of capital. all the more because capital is nowadays the object of a good deal of abuse, which it only deserves when it is misused. when it is misused, let us abuse it as heartily as we like, and take any possible measures to punish it. but let us recognize that capital, when well and fairly used, is far from being a sinister and suspicious weapon in the hands of those who have somehow managed to seize it; but is in fact so necessary to all kinds of industry, that those who have amassed it, and placed it at the disposal of industry render a service to society without which society could not be kept alive. for capital, as has been said, is money saved and lent to, or employed in, industry. by being lent to, or employed in, industry it earns its rate of interest or profit. there are nowadays many wise and earnest people who think that this interest or profit taken by capital is not earned at all but is wrung out of the workers by a process of extortion. if this view is correct then all finance, international and other, is organized robbery, and instead of writing and reading books about it, we ought to be putting financiers into prison and making a bonfire of their bonds and shares and stock certificates. but, with all deference to those who hold this view, it is based on a complete misapprehension of the nature and origin of capital. capital has been described above as money put to certain purposes. this was done for the sake of clearness and because this definition fits in with the facts as they usually happen in these days. economists define capital as wealth reserved for production, and we must always remember that money is only a claim for, or a right to, a certain amount of goods or a certain amount of other people's work. money is only a title to wealth, because if i have a sovereign or a one-pound note in my pocket, i thereby have the power of buying a pound's worth of goods or of hiring a doctor to cure me or a parson to bury me or anybody else to do anything that i want, up to the buying power of that sovereign. this is the power that money carries with it. when the owner of this power, instead of exercising it in providing himself with luxuries or amusements, uses it by lending it to someone who wants to build a factory, and employ workers, then, because the owner of the money receives his rate of interest he is said to be exploiting labour, because, so it is alleged, the workers work and he, the capitalist, sits in idleness and lives on their labour. and so, in fact, he does. but we have not yet found out how he got the money that he lent. that money can only have been got by work done or services rendered, for which other people were ready to pay. capital, looked at from this point of view, is simply stored up work, and entitled to its reward just as much as the work done yesterday. the capitalist lives on the work of others, but he can only do so because he has wrought himself in days gone by or because someone else has wrought and handed on to him the fruits of his labour. let us take the case of a shopkeeper who has saved a hundred pounds. this is his pay for work done and risk taken (that the goods which he buys may not appeal to his customers) during the years in which he has saved it. he might spend his hundred pounds on a motor cycle and a side-car, or on furniture, or a piano, and nobody would deny his right to do so. on the contrary he would probably be applauded for giving employment to makers of the articles that he bought. instead of thus consuming the fruit of his work on his own amusement, and the embellishment of his home, he prefers to make provision for his old age. he invests his hundred pounds in the 5 per cent. debenture stock of a company being formed to extend a boot factory. thereby he gives employment to the people who build the extension and provide the machinery, and thereafter to the men and women who work in the factory, and moreover he is helping to supply other people with boots. he sets people to work to supply other people's wants instead of his own, and he receives as the price, of his service five pounds a year. but it is his work, that he did in the years in which he was saving, that is earning him this reward. an interesting book has lately appeared in america, called "income," in which the writer, dr. scott nearing, of the university of pennsylvania, draws a very sharp distinction between service income and property income, implying, if i read him aright, that property income is an unjust extortion. this is how he states his case:--[1] "the individual whose effort creates values for which society pays receives service income. his reward is a reward for his personality, his time, his strength. railroad president and roadmender devote themselves to activities which satisfy the wants of their fellows. their service is direct. in return for their hours of time and their calories of energy, they receive a share of the product which they have helped to produce. "the individual who receives a return because of his property ownership, receives a property income. this man has a title deed to a piece of unimproved land lying in the centre of a newly developing town. a storekeeper offers him a thousand dollars a year for the privilege of placing a store on the land. the owner of the land need make no exertion. he simply holds his title. here a man has labored for twenty years and saved ten thousand dollars by denying himself the necessaries of life. he invests the money in railroad bonds, and someone insists he thereby serves society. in one sense he does serve. in another, and a larger sense, he expects the products of his past service (the twenty years of labor), to yield him an income. from the day when he makes his investment he need never lift a finger to serve his fellows. because he has the investment, he has income. the same would hold true if the ten thousand dollars had been left him by his father or given to him by his uncle.... the fact of possession is sufficient to yield him an income." now, in all these cases of property income which dr. nearing seems to regard as examples of income received in return for no effort, there must have been an effort once, on the part of somebody, which put the maker of it in possession of the property which now yields an income to himself, or those to whom he has left or given it. first there is the case of the man who has a title deed to a piece of land. how did he get it? either he was a pioneer who came and cleared it and settled on it, or he had worked and saved and with the product of his work had bought this piece of land, or he had inherited it from the man who had cleared or bought the land. the ownership of the land implies work and saving and so is entitled to its reward. then there is the case of the man who has saved ten thousand dollars by labouring for twenty years and denying himself the necessaries of life. dr. nearing admits that this man has worked in order to get his dollars; he even goes so far as to add that he had denied himself the necessaries of life in order to save. incidentally one may wonder how a man who has denied himself the necessaries of life for twenty years can be alive at the end of them. this man has worked for his dollars, and, instead of spending them on immediate enjoyment, lends them to people who are building a railway, and so is quickening and cheapening intercourse and trade. dr. nearing seems to admit grudgingly that in a sense he thereby renders a service, but he complains because his imaginary investor expects without further exertion to get an income from the product of his past service. if he could not get an income from it, why should he save? and if he and millions of others did not save how could railways or factories be built? and if there were no railways or factories how could workers find employment? if every capitalist only got income from the product of his own work in the past, which he had spent, as in this case, on developing industry, his claim to a return on it would hardly need stating. he would have saved his ten thousand dollars or two thousand pounds, and instead of spending it on two thousand pounds' worth of amusement or pleasure for himself he would have preferred to put it at the disposal of those who are in need of capital for industry and promise to pay him 5 per cent. or £100 a year for the use of it. by so doing he increases the demand for labour, not momentarily as he would have done if he had spent his money on goods and services immediately consumed, but for all time, as long as the railway that he helps to build is running and earning an income by rendering services. he is a benefactor to humanity as long as his capital is invested in a really useful enterprise, and especially to the workers who cannot get work unless the organizers of industry are supplied with plenty of cheap capital. in fact, the more plentiful and cheap is capital, the keener will be the demand for the labour of the workers. but when dr. nearing points out that the income of the ten thousand dollars would be equally secure if the owner of them had them left him by his father or given him by his uncle, then at last he smites capital on a weak point in its armour. there, is, without question, much to be said for the view that it is unfair that a man who has worked and saved should thereby be able to hand over to his son or nephew, who has never worked or saved, this right to an income which is derived from work done by somebody else. it seems unfair to all of us, who were not blessed with equally industrious and provident fathers and uncles, and it is often bad for the man who gets the income as a reward for no effort of his own, because it gives him a false start in life and sometimes tends to make him a futile waster, who can only justify his existence and his command over other people's work, by pointing to the efforts of his deceased sire or uncle. further, unless he is very lucky, he is likely to grow up with the notion that, just because he has been left or given a certain income, he is somehow a superior person, and that it is part of the scheme of the universe that others should work for his benefit, and that any attempt on the part of other people to get a larger share, at his expense, of the good things of the earth is an attempt at robbery. he is, by being born to a competence, out of touch with the law of nature, which says that all living things must work for their living, or die, and his whole point of view is likely to be warped and narrowed by his unfortunate good fortune. these evils that spring from hereditary property are obvious. but it may be questioned whether they outweigh the advantages that arise from it. the desire to possess is a strong stimulus to activity in production, because possession is the mark of success in it, and all healthy-minded men like to feel that they have succeeded; and almost equally strong is the desire to hand on to children or heirs the possessions that the worker's energy has got for him. in fact it may almost be said that in most men's minds the motive of possession implies that of being able to hand on; they would not feel that they owned property which they were bound to surrender to the state at their deaths. if and when society is ever so organized that it can produce what it needs without spurring the citizen to work with the inducement supplied by possession, and the power to hand on property, then it may be possible to abolish the inequities that hereditary property carries with it. as things are at present arranged it seems that we are bound to put up with them if the community is to be fed and kept alive. at least we can console ourselves with the thought that property does not come into existence by magic. except in the case of the owners of land who may be enriched without any effort by the discovery of minerals or by the growth of a city, capital can only have been created by services rendered; and even in the case of owners of land, they, and those from whom they derived it, must have done something in order to get the land. it is, of course, quite possible that the something which was done was a service which would not now be looked on as meriting reward. in the medieval days mailclad robbers used to get (quite honestly and rightly according to the notions then current) large grants of land because they had ridden by the side of their feudal chiefs when they went on marauding forays. in later times, as in the days of our merry monarch, attractive ladies were able to found ducal families by placing their charms at the service of a royal debauchee. but the rewards of the freebooters have in almost all cases long ago passed into the hands of those who purchased them with the proceeds of effort with some approach to economic justification; and though some of charles the second's dukedoms are still extant, it will hardly be contended that it is possible to trace the origin of everybody's property and confiscate any that cannot show a reasonable title, granted for some true economic service. what we can do, and ought to do, if economic progress is to move along right lines, is to try to make sure that we are not, in these days of alleged enlightenment, committing out of mere stupidity and thoughtlessness, the crime which charles the second perpetrated for his own amusement. he gave large tracts of england to his mistresses because they pleased his roving fancy. now the power to dispense wealth has passed into the hands of the people, who buy the goods and services produced, and so decide what goods and services will find a market, and so will enrich their producers. are we making much better use of it? on the whole, much better; but we still make far too many mistakes. the people to whom nowadays we give big fortunes, though they include a large number of organizers of useful industry, also number within their ranks a crowd of hangers on such as bookmakers, sharepushers, and vendors of patent pills or bad stuff to read. these folk, and others, live on our vices and stupidities, and it is our fault that they can do so. because a large section of the public likes to gamble away its money on the stock exchange, substantial fortunes have been founded by those who have provided the public with this means of amusement. because the public likes to be persuaded by the clamour of cheapjack advertisement that its inside wants certain medicines, and that these medicines are worth buying at a price that makes the vendor a millionaire, there he is with his million. some people say that he has swindled the public. the public has swindled itself by allowing him to foist stuff down its throat on terms which give him, and his heirs and assigns after him, all the control over the work and wealth of the world that is implied by the possession of a million. when we buy rubbish we do not only waste our money to our own harm, but, under the conditions of modern society, we put the sellers of rubbish in command of the world, as far as the money power commands it, which is a good deal further than is pleasing. hence it is that when some of those who question the right of capital to its reward, do so on the ground that capital is often acquired by questionable means, they are barking up the wrong tree. capital can only be acquired by selling something to you and me. if you and i had more sense in the matter of what we buy, capital could not be acquired by questionable means. by our greed and wastefulness we give fortunes to bookmakers, market-riggers and money-lenders. by our preference for "brilliant" investments, with a high rate of interest and bad security, we invite the floating of rotten companies and waterlogged loans. by our readiness to be deafened by the clamour of the advertiser into buying things that we do not want, we hand industry over to the hands of the loudest shouter, and by our half-educated laziness in our selection of what we read and of the entertainments that we frequent, we open the way to opulence through the debauching of our taste and opinions. it is our fault and ours only. as soon as we have learnt and resolved to buy and enjoy only what is worth having, the sellers of rubbish may put up their shutters and burn their wares. capital, then, is stored up work, work that has been paid for by society. those who did the work and took its reward, turned the proceeds of it into making something more instead of into pleasure and gratification for themselves. by a striking metaphor capital is often described as the seed corn of industry. seed corn is the grain that the farmer, instead of making it into bread for his own table, or selling it to turn it into picture-palace tickets, or beer, or other forms of short-lived comfort, keeps to sow in the earth so that he may reap his harvest next year. if the whole world's crop were eaten, there would be no seed corn and no harvest. so it is with industry. if its whole product were turned into goods for immediate consumption, there could be no further development of industry, and no maintenance of its existing plant, which would soon wear out and perish. the man who spends less than he earns and puts his margin into industry, keeps industry alive. from the point of view of the worker--by whom i mean the man who has little or no capital of his own, and has only, or chiefly, his skill, of head or of hand, to earn his living with--those who are prepared to save and put capital at the disposal of industry ought to be given every possible encouragement to do so. for since capital is essential to industry, all those who want to earn a living in the workshops or in the countinghouse, or in the manager's office, will most of all, if they are well advised, want to see as much capital saved as possible. the more there is of it, the more demand there will be for the brains and muscles of the workers, and the better the bargain these latter will be able to make for the use of their brains and muscles. if capital is so scarce and timid that it can only be tempted by the offer of high rates for its use, organizers of industry will think twice about expanding works or opening new ones, and there will be a check to the demand for workers. if so many people are saving that capital is a drug in the market, anyone who has an enterprise in his head will put it in hand, and workers will be wanted, first for construction then for operation. it is to the interest of workers that there should be as many capitalists as possible offering as much capital as possible to industry, so that industry shall be in a state of chronic glut of capital and scarcity of workers. roughly, it is true that the product of industry is divided between the workers who carry it on, and the savers who, out of the product of past work, have built the workshop, put in the plant and advanced the money to pay the workers until the new product is marketed. the workers and the savers are at once partners and rivals. they are partners because one cannot do without the other; rivals because they compete continually concerning their share of the profit realized. if the workers are to succeed in this competition and secure for themselves an ever-increasing share of the profit of industry--and from the point of view of humanity, civilization, nationality, and common sense it is most desirable that this should be so--then this is most likely to happen if the savers are so numerous that they will be weak in bargaining and unable to stand out against the demands of the workers. if there were innumerable millions of workers and only one saver with money enough to start one factory, the one saver would be able to name his own terms in arranging his wages bill, and the salaries of his managers and clerks. if the wind were on the other cheek, and a crowd of capitalists with countless millions of money were eager to set the wheels of industry going, and could not find enough workers to man and organize and manage their workshops, then the workers would have the whip hand. to bring this state of things about it would seem to be good policy not to damn the capitalist with bell and with book and frighten him till he is so scarce that he is master of the situation, but to give him every encouragement to save his money and put it into industry. for the more plentiful he is, the stronger is the position of the workers. in fact the saver is so essential that it is nowadays fashionable to contend that the saving business ought not to be left to the whims of private individuals, but should be carried out by the state in the public interest; and there are some innocent folk who imagine that, if this were done, the fee that is now paid to the saver for the use of the capital that he has saved, would somehow or other be avoided. in fact the government would have to tax the community to produce the capital required. capital would be still, as before, the proceeds of work done. and the result would be that the taxpayers as a whole would have to pay for capital by providing it. this might be a more equitable arrangement, but as capital can only be produced by work, the taxpayers would have to do a certain amount of work with the prospect of not being allowed to keep the proceeds, but of being forced to hand it over to government. whether such a plan would be likely to be effective in keeping industry supplied with capital is a question which need not be debated until the possibility of such a system becomes a matter of practical politics. for our present purpose it is enough to have shown that the capital, which is the stock-in-trade of finance, is not a fraudulent claim to take toll of the product of industry, but an essential part of the foundation on which industry is built. a man can only become a capitalist by rendering services for which he receives payment, and spending part of his pay not on his immediate enjoyment, but in establishing industry either on his own account or through the agency of someone else to whom be lends the necessary capital. before any industry can start there must be tools and a fund out of which the workers can be paid until the work that they do begins to bring in its returns. the fund to buy these tools and pay the workers can only be found out of the proceeds of work done or services rendered. moreover, there is always a risk to be run. as soon as the primitive savage left off making everything for himself and took to doing some special work, such as arrow making, in the hope that his skill, got from concentration on one particular employment, would be rewarded by the rest of the tribe who took his arrows and gave him food and clothes in return, he began to run the risk that his customers might not want his product, if they happened to take to fishing for their food instead of shooting it. this risk is still present with the organizers of industry and it falls first on the capitalist. if an industry fails the workers cease to be employed by it; but as long as they work for it their wages are a first charge which has to be paid before capital gets a penny of interest or profit, and if the failure of the industry is complete the capital sunk in it will be gone. footnotes: [footnote 1: pages 24, 25.] chapter ii banking machinery capital, then, is wealth invested in industry, finance is the machinery by which this process of investment is carried out, and international finance is the machinery by which the wealth of one country is invested in another. let us consider the case of a doctor in a provincial town who is making an annual income of about £800 a year, living on £600 of it and saving £200. instead of spending this quarter of his income on immediate enjoyments, such as wine and cigars, and journeys to london, he invests it in different parts of the world through the mechanism of international finance, because he has been attracted by the advantages of a system of investment which was fashionable some years ago, which worked by what was called geographical distribution.[2] this meant to say that the investors who practised it put their money into as many different countries as possible, so that the risk of loss owing to climatic or other disturbances might be spread as widely as possible. so here we have this quiet country doctor spreading all over the world the money that he gets for dosing and poulticing and dieting his patients, stimulating industry in many climates and bringing some part of its proceeds to be added to his store. let us see how the process works. first of all he has a bank, into which he pays day by day the fees that he receives in coin or notes and the cheques that he gets, each half year, from those of his patients who have an account with him. as long as his money is in the bank, the bank has the use of it, and not much of it is likely to go abroad. for the banks use most of the funds entrusted to them in investments in home securities, or in loans and advances to home customers. part of them they use in buying bills of exchange drawn on london houses by merchants and financiers all over the world, so that even when he pays money into his bank it is possible that our doctor is already forming part of the machinery of international finance and involving us in the need for an explanation of one of its mysteries. a bill of exchange is an order to pay. when a merchant in argentina sells wheat to an english buyer, he draws a bill on the buyer (or some bank or firm in england whom the buyer instructs him to draw on), saying, "pay to me" (or anybody else whom he may name) "the sum of so many pounds." this bill, if it is drawn on a firm or company of well known standing, the seller of the wheat can immediately dispose of, and so has got payment for his goods. usually the bill is made payable two or three, or sometimes six months after sight, that is after it has been received by the firm on which it is drawn, and "accepted" by it, that is signed across the front to show that the firm drawn on will pay the bill when it falls due. these bills of exchange, when thus accepted, are promises to pay entered into by firms of first-rate standing, and are held as investments by english banks. bills of exchange are also drawn on english houses to finance trade transactions between foreign countries, and also as a means of borrowing money from england. when they are drawn on behalf of english customers, the credit given is given at home, but as it is (almost always) given in connection with international trade, the transaction may be considered as part of international finance. when they are drawn on behalf of foreign countries, trading with other foreigners, or using the credit to lend to other foreigners, the connection with international finance is obvious. they are readily taken all over the world, because all over the world there are people who have payments to make to england owing to the wide distribution of our trade, and it has long been england's boast that bills of exchange drawn on london firms are the currency of international commerce and finance. some people tell us that this commanding position of the english bill in the world's markets is in danger of being lost owing to the present war: in the first place because america is gaining wealth rapidly, while we are shooting away our savings, and also because the germans will make every endeavour to free themselves from dependence on english credit for the conduct of their trade. certainly this danger is a real one, but it does not follow that we shall not be able to meet it and defeat it. if the war teaches us to work hard and consume little, so that when peace comes we shall have a great volume of goods to export, there is no reason why the bill on london should not retain much if not all of its old prestige and supremacy in the marts of the world. for we must always remember that finance is only the handmaid of industry. she is often a pert handmaid who steals her mistress's clothes and tries to flaunt before the world as the mistress, and so she sometimes imposes on many people who ought to know better, who think that finance is an all-powerful influence. finance is a mighty influence, but it is a mere piece of machinery which assists, quickens, and lives on production. the men who make and grow things, and carry them from the place where they are made and grown to the place where they are wanted, these are the men who furnish the raw material of finance, without which it would have to shut up its shop. if they and their work ceased, we should all starve, and the financiers would have nothing behind the pieces of paper that they handle. if finance and the financiers were suddenly to cease, there would be a very awkward jar and jolt in our commercial machinery, but as long as the stuff and the means of carrying it were available, we should very soon patch up some other method for exchanging it between one nation and another and one citizen and another. the supremacy of the london bill of exchange was created only to a small extent by any supremacy in london's financial machinery; it was based chiefly on the supremacy of england's world-wide trade, and on our readiness to take goods from all nations. the consequence of this was that traders of all nations sold goods to us, and so had claims on us and drew bills on us, and bought goods from us, and so owed us money and wanted to buy bills drawn on us to pay their debts with. so everywhere the bill on london was known and familiar and welcome. if the americans are able and willing to develop such a world-wide trade as ours, then the bill on new york will have a vogue all over the world just as is enjoyed by the bill on london. then london and new york will have to fight the matter out by seeing which will provide the best and cheapest machinery for discounting the bill, that is, turning it into cash on arrival, so that the holder of it shall get the best possible price at the present moment, for a bill due two or three months hence. in this matter of machinery london has certain advantages which ought, if well used and applied, to stand her in good stead in any struggle that lies ahead of her. london's credit machinery has grown up in almost complete freedom from legislation, and it has consequently been able to grow, without let or hindrance, along the lines that expediency and convenience have shown to be most practical and useful. it has been too busy to be logical or theoretical, and consequently it is full of absurdities and anomalies, but it works with marvellous ease and elasticity. in its centre is the bank of england, with the prestige of antiquity and of official dignity derived from acting as banker to the british government, and with still more practical strength derived from acting as banker to all the other great banks, several of them much bigger, in certain respects, than it. the bank of england is very severely and strictly restricted by law in the matter of its note issue, but it luckily happened, when parliament was imposing these restrictions on the bank's business, that note issuing was already becoming a comparatively unimportant part of banking, owing to the development of the use of cheques. nowadays, when borrowers go to the bank of england for loans, they do not want to take them out in notes; all they want is a credit in the bank's books against which they can draw cheques. a credit in the bank of england's books is regarded by the financial community as "cash," and this pleasant fiction has given the bank the power of creating cash by a stroke of its pen and to any extent that it pleases, subject only to its own view as to what is prudent and sound business. on p.33 ("a bank return", below) is a specimen of a return that is published each week by the bank of england, showing its position in two separate accounts with regard to its note issuing business and its banking business: the return taken is an old one, published before the war, so as to show how the machine worked in normal times before war's demands had blown out the balloon of credit to many times its former size. if the commercial and financial community is short of cash, all that it has to do is to go to the bank of england and borrow a few millions, and the only effect on the bank's position is an addition of so many millions to its holding of securities and a similar addition to its deposits. it may sometimes happen that the borrowers may require the use of actual currency, and in that case part of the advances made will be taken out in the form of notes and gold, but as a general rule the bank is able to perform its function of providing emergency credit by merely making entries in its books. a bank return issue department. notes issued £56,908,235 government debt £11,015,100 other securities 7,434,900 gold coin and bullion 38,458,235 silver bullion -- ---------- ---------- £56,908,235 £56,908,235 ---------- ----------banking department. proprietors' capital £14,553,000 government securities £11,005,126 rest 3,431,484 other securities 33,623,288 public deposits 13,318,714 notes 27,592,980 other deposits 42,485,605 gold and silver coin 1,596,419 seven day and other bills 29,010 ---------- ---------- £73,817,813 £73,817,813 ---------- ----------with the bank of england thus acting as a centre to the system, there has grown up around it a circle of the great joint stock banks, which provide credit and currency for commerce and finance by lending money and taking it on deposit, or on current account. these banks work under practically no legal restrictions of any kind with regard to the amount of cash that they hold, or the use that they make of the money that is entrusted to their keeping. they are not allowed, if they have an office in london, to issue notes at all, but in all other respects they are left free to conduct their business along the lines that experience has shown them to be most profitable to themselves, and most convenient for their customers. being joint stock companies they have to publish periodically, for the information of their shareholders, a balance sheet showing their position. before the war most of them published a monthly statement of their position, but this habit has lately been given up. no legal regulations guide them in the form or extent of the information that they give in their balance sheets, and their great success and solidity is a triumph of unfettered business freedom. this absence of restriction gives great elasticity and adaptability to the credit machinery of london. here is a specimen of one of their balance sheets, slightly simplified, and dating from the days before the war:-liabilities. capital (subscribed) £14,000,000 ---------paid up 3,500,000 reserve 4,000,000 deposits 87,000,000 circular notes, etc. 3,000,000 acceptances 6,000,000 profit and loss 500,000 ---------- £104,000,000 ----------assets cash in hand and at bank of england £12,500,000 cash at call and short notice 13,000,000 bills discounted 19,000,000 govt. securities 5,000,000 other investments 4,500,000 advances and loans 42,000,000 liability of customers on account of acceptances 6,000,000 promises 2,000,000 ---------- £104,000,000 ----------on one side are the sums that the bank has received, in the shape of capital subscribed, from its shareholders, and in the shape of deposits from its customers, including dr. pillman and thousands like him; on the other the cash that it holds, in coin, notes and credit at the bank of england, its cash lent at call or short notice to bill brokers (of whom more anon) and the stock exchange, the bills of exchange that it holds, its investments in british government and other stocks, and the big item of loans and advances, through which it finances industry and commerce at home. it should be noted that the entry on the left side of the balance sheet, "acceptances," refers to bills of exchange which the bank has accepted for merchants and manufacturers who are importing goods and raw material, and have instructed the foreign exporters to draw bills on their bankers. as these merchants and manufacturers are responsible to the bank for meeting the bills when they fall due, the acceptance item is balanced by an exactly equivalent entry on the other side, showing this liability of customers as an asset in the bank's favour. this business of acceptance is done not only by the great banks, but also by a number of private firms with connections in foreign countries, and at home, through which they place their names and credit at the disposal of people less eminent for wealth and position, who pay them a commission for the use of them. other wheels in london's credit machinery are the london offices of colonial and foreign banks, and the bill brokers or discount houses which deal in bills of exchange and constitute the discount market. thus we see that there is in london a highly specialized and elaborate machinery for making and dealing in these bills, which are the currency of international trade. let us recapitulate the history of the bill and see the part contributed to its career by each wheel in the machine. we imagined a bill drawn by an argentine seller against a cargo of wheat shipped to an english merchant. the bill will be drawn on a london accepting house, to whom the english merchant is liable for its due payment. the argentine merchant, having drawn the bill, sells it to the buenos ayres branch of a south american bank, formed with english capital, and having its head office in london. it is shipped to london, to the head office of the south american bank, which presents it for acceptance to the accepting house on which it is drawn, and then sells it to a bill broker at the market rate of discount. if the bill is due three months after sight, and is for £2000, and the market rate of discount is 4 per cent. for three months' bills, the present value of the bill is obviously £1980. the bill broker, either at once or later, probably sells the bill to a bank, which holds it as an investment until its due date, by which time the importer having sold the wheat at a profit, pays the money required to meet the bill to his banker and the transaction is closed. thus by means of the bill the exporter has received immediate payment for his wheat, the importing merchant has been supplied with credit for three months in which to bring home his profit, and the bank which bought the bill has provided itself with an investment such as bankers love, because it has to be met within a short period by a house of first-rate standing. all this elaborate, but easily working machinery has grown up for the service of commerce. it is true that bills of exchange are often drawn by moneylenders abroad on moneylenders in england merely in order to raise credit, that is to say, to borrow money by means of the london discount market. sometimes these credits are used for merely speculative purposes, but in the great majority of cases they are wanted for the furtherance of production in the borrowing country. the justification of the english accepting houses, and bill brokers, and banks (in so far as they engage in this business), is the fact that they are assisting trade, and could not live without trade, and that trade if deprived of their services would be gravely inconvenienced and could only resume its present activity by making a new machinery more or less on the same lines. the bill whose imaginary history has been traced, came into being because the drawer had a claim on england through a trade transaction. he was able to sell it to the south american bank only because the bank knew that many other people in argentina would have to make payments to england and would come to it and ask it for drafts on london, which, by remitting this bill to be sold in london, it would be able to supply. international finance is so often regarded as a machinery by which paper wealth is manufactured out of nothing, that it is very important to remember that all this paper wealth only acquires value by being ultimately based on something that is grown or made and wanted to keep people alive or comfortable, or at least happy in the belief that they have got something that they thought they wanted, or which habit or convention obliged them to possess. footnotes: [footnote 2: all this imaginary picture is of events before the war. at present dr. pillman, being a patriotic citizen, is saving much faster than before, and putting every pound that he can save into the hands of the british government by subscribing to war loans and buying exchequer bonds. he is too old to go and do medical work at the front, so he does the next best thing by cutting down his expenses and finding money for the war.] chapter iii investments and securities so far we have only considered what happens to the money of those who save as long as it is left in the hands of their bankers, and we have seen that it is only likely to be employed internationally, if invested by bankers in bills of exchange which form a comparatively small part of their assets. it is true that bankers also invest money in securities, and that some of these are foreign, but here again the proportion invested abroad is so small that we may be reasonably sure that any money left by us in the hands of our bankers will be employed at home. but in actual practice those who save do not pile up a large balance at their banks. they keep what is called a current account, consisting of amounts paid in in cash or in cheques on other banks or their own bank, and against this account they draw what is needed for their weekly and monthly payments; sometimes, also, they keep a certain amount on deposit account, that is an account on which they can only draw after giving a week's notice or more. on their deposit account they receive interest, on their current account they may in some parts of the country receive interest on the average balance kept. but the deposit account is most often kept by people who have to have a reserve of cash quickly available for business purposes. the ordinary private investor, when he has got a balance at his bank big enough to make him feel comfortable about being able to meet all probable outgoings, puts any money that he may have to spare into some security dealt in on the stock exchange, and so securities and the stock exchange have to be described and examined next. they are very much to the point, because it is through them that international finance has done most of its work. securities, then, are the stocks, shares and bonds which are given to those who put money into companies, or into loans issued by governments, municipalities and other public bodies. let us take the governments and public bodies first, because the securities issued by them are in some ways simpler than those created by companies. when a government wants to borrow, it does so because it needs money. the purpose for which it needs it may be to build a railway or canal, or make a harbour, or carry out a land improvement or irrigation scheme, or otherwise work some enterprise by which the power of the country to grow and make things may be increased. enterprises of this kind are usually called reproductive, and in many cases the actual return from them in cash more than suffices to meet the interest on the debt raised to carry them out, to say nothing of the direct benefit to the country in increasing its output of wealth. in england the government has practically no debt that is represented by reproductive assets. our government has left the development of the country's resources to private enterprise, and the only assets from which it derives a revenue are the post office buildings, the crown lands and some shares in the suez canal which were bought for a political purpose. governments also borrow money because their revenue from taxes is less than the sums that they are spending. this happens most often and most markedly when they are carrying on war, or when nations are engaged in a competition in armaments, building navies or raising armies against one another so as to be ready for war if it happens. this kind of debt is called dead-weight debt, because there is no direct or indirect increase, in consequence of it, in the country's power to produce things that are wanted. this kind of borrowing is generally excused on the ground that provision for the national safety is a matter which concerns posterity quite as much as the present generation, and that it is, therefore, fair to leave posterity to pay part of the bill. municipalities likewise borrow both for reproductive purposes and for objects from which no direct revenue can be expected. they may invest money lent them in gas or electric works or water supply or tramways, and get an income from them which will more than pay the interest on the money borrowed. or they may put it into public parks and recreation grounds or municipal buildings, or improvements in sanitation, thereby beautifying and cleansing the town. if they do these things in such a way as to make the town a pleasanter and healthier place to live in, they may indirectly increase their revenue; but if they do them extravagantly and badly, they run the risk of putting a burden on the ratepayers that will make people shy of living within their borders. whatever be the object for which the loan is issued, the procedure is the same by which the money is raised. the government or municipality invites subscriptions through a bank or through some great financial house, which publishes what is called a prospectus by circular, and in the papers, giving the terms and details of the loan. people who have money to spare, or are able to borrow money from their bankers, and are attracted by the terms of the loan, sign an application form which is issued with the prospectus, and send a cheque for the sum, usually 5 per cent. of the amount that they apply for, which is payable on application. if the loan is over-subscribed, the applicants will only receive part of the sums for which they apply. if it is not fully subscribed, they will get all that they have asked for, and the balance left over will be taken up in most cases by a syndicate formed by the bank or firm that issued the loan, to "underwrite" it. underwriting means guaranteeing the success of a loan, and those who do so receive a commission of anything from 1 to 3 per cent.; if the loan is popular and goes well the underwriters take their commission and are quit; if the loan is what the city genially describes as a "frost," the underwriters may find themselves saddled with the greater part of it, and will have the pleasure of nursing it until such time as the investing public will take it off their hands. underwriting is thus a profitable business when times are good, and the public is feeding freely, but it can only be indulged in by folk with plenty of capital or credit, and so able to carry large blocks of stock if they find themselves left with them. to take a practical example, let us suppose that the king of ruritania is informed by his minister of marine that a battleship must at once be added to its fleet because his next door neighbour is thought to be thinking of making himself stronger on the water, while his minister of finance protests that it is impossible, without the risk of serious trouble, to add anything further to the burdens of the taxpayers. a loan is the easy and obvious way out. london and paris between them will find two or three millions with pleasure. that will be enough for a battleship and something over in the way of new artillery for the army which can be ordered in france so as to secure the consent of the french government, which was wont to insist that a certain proportion of any loan raised in paris must be spent in the country. (it need hardly be said that all these events are supposed to be happening in the years before the war.) negotiations are entered into with a group of french banks and an english issuing house. the french banks take over their share, and sell it to their customers who are, or were, in the habit of following the lead of their bankers in investment with a blind confidence, that gave the french banks enormous power in the international money market. the english issuing house sends round a stockbroker to underwrite the loan. if the issuing house is one that is usually successful in its issues, the privilege of underwriting anything that it brings out is eagerly sought for. banks, financial firms, insurance companies, trust companies and stockbrokers with big investment connections will take as much underwriting as they are offered, in many cases without making very searching inquiry into the terms of the security offered. the name of the issuing house and the amount of the underwriting commission --which we will suppose in this case to be 2 per cent.--is enough for them. they know that if they refuse any chance of underwriting that is offered, they are not likely to get a chance when the next loan comes out, and since underwriting is a profitable business for those who can afford to run its risks, many firms put their names down for anything that is put before them, as long as they have confidence in the firm that is handling the loan. this power in the hands of the big issuing houses, to get any loan that they choose to father underwritten in a few hours by a crowd of eager followers, gives them, of course, enormous strength and lays a heavy responsibility on them. they only preserve it by being careful in the use of it, and exercising great discrimination in the class of securities that they handle. while the underwriting is going on the prospectus is being prepared by which the subscriptions of the public are invited, and in the meantime it will probably happen that the newspapers have had a hint that a ruritanian loan is on the anvil, so that preliminary paragraphs may prepare an atmosphere of expectancy. news of a forthcoming new issue is always a welcome item in the dull routine of a city article, and the journalists are only serving their public and their papers in being eager to chronicle it. lurid stories are still handed down by city tradition of how great city journalists acquired fortunes in days gone by, by being allotted blocks of new loans so that they might expand on their merits and then sell them at a big profit when they had created a public demand for them. there seems to be no doubt that this kind of thing used to happen in the dark ages when finance and city journalism did a good deal of dirty business between them. now, the city columns of the great daily papers have for a very long time been free from any taint of this kind, and on the whole it may be said that finance is a very much cleaner affair than either law or politics. it is true that swindles still happen in the city, but their number is trivial compared with the volume of the public's money that is handled and invested. it is only in the by-ways of finance and in the gutters of city journalism that the traps are laid for the greedy and gullible public, and if the public walks in, it has itself to blame. a genuine investor who wants security and a safe return on his money can always get it. unfortunately the investor is almost always at the same time a speculator, and is apt to forget the distinction; and those who ask for a high rate of interest, absolute safety and a big rise in the prices of securities that they buy are only inviting disaster by the greed that wants the unattainable and the gullibility that deludes them into thinking they can have it. to return to our ruritanian loan, which we left being underwritten. the prospectus duly comes out and is advertised in the papers and sown broadcast over the country through the post. it offers £1,500,000 (part of £3,000,000 of which half is reserved for issue in paris), 4-1/2 per cent. bonds of the kingdom of ruritania, with interest payable on april 1st and october 1st, redeemable by a cumulative sinking fund of 1 per cent., operating by annual drawings at par, the price of issue being 97, payable as to 5 per cent. on application, 15 per cent. on allotment and the balance in instalments extending over four months. coupons and drawn bonds are payable in sterling at the countinghouse of the issuing firm. the extent of the other information given varies considerably. some firms rely so far on their own prestige and the credit of those on whose account they offer loans, that they state little more than the bare terms of the issue as given above. others deign to give details concerning the financial position of the borrowing government, such as its revenue and expenditure for a term of years, the amount of its outstanding debt, and of its assets if any. if the credit of the kingdom of ruritania is good, such a loan as here described would be, or would have been before the war, an attractive issue, since the investor would get a good rate of interest for his money, and would be certain of getting par or £100, some day, for each bond for which he now pays £97. this is ensured by the action of the sinking fund of 1 per cent. cumulative, which works as follows. each year, as long as the loan is outstanding the kingdom of ruritania will have to put £165,000 in the hands of the issuing houses, to be applied to interest and sinking fund. in the first year interest at 4-1/2 per cent. will take £135,000 and sinking fund (1 per cent. of £3,000,000) £30,000; this £30,000 will be applied to the redemption of bonds to that value, which are drawn by lot; so that next year the interest charge will be less and the amount available for sinking fund will be greater; and each year the comfortable effect of this process continues, until at last the whole loan is redeemed and every investor will have got his money back and something over. the effect of this obligation to redeem, of course, makes the market in the loan very steady, because the chance of being drawn at par in any year, and the certainty of being drawn if the investor holds it long enough, ensures that the market price will be strengthened by this consideration. such being the terms of the loan we may be justified in supposing--if ruritania has a clean record in its treatment of its creditors, and if the issuing firm is one that can be relied on to do all that can be done to safeguard their interests, that the loan is a complete success and is fully subscribed for by the public. the underwriters will consequently be relieved of all liability and will pocket their 2 per cent., which they have earned by guaranteeing the success of the issue. if some financial or political shock had occurred which made investors reluctant to put money into anything at the time when the prospectus appeared or suggested the likelihood that ruritania might be involved in war, then the underwriters would have had to take up the greater part of the loan and pay for it out of their own pockets; and this is the risk for which they are given their commission. ruritania will have got its money less the cost of underwriting, advertising, commissions, 1 per cent. stamp payable to the british government, and the profit of the issuing firm. some shipyard in the north will lay down a battleship and english shareholders and workmen will benefit by the contract, and the investors will have got well secured bonds paying them a good rate of interest and likely to be easily saleable in the market if the holders want to turn them into cash. the bonds will be large pieces of paper stating that they are 4-1/2 per cent, bonds of the kingdom of ruritania for £20, £100, £500 or £1000 as the case may be, and they will each have a sheet of coupons attached, that is, small pieces to be cut off and presented at the date of each interest payment; each one states the amount due each half year and the date when it will have to be met. bonds are called bearer securities, that is to say, possession of them entitles the bearer to receive payment of them when drawn and to collect the coupons at their several dates. they are the usual form for the debts of foreign governments and municipalities, and of foreign railway and industrial companies. in england we chiefly affect what are called registered and inscribed stocks--that is, if our government or one of our municipalities issues a loan, the subscribers have their names registered in a book by the debtor, or its banker, and merely hold a certificate which is a receipt, but the possession of which is not in itself evidence of ownership. there are no coupons, and the half-yearly interest is posted to stockholders, or to their bankers or to any one else to whom they may direct it to be sent. consequently when the holder sells it is not enough for him to hand over his certificate, as is the case with a bearer security, but the stock has to be transferred into the name of the buyer in the register kept by the debtor, or by the bank which manages the business for it. when the securities offered are not loans by public bodies, but represent an interest in a company formed to build a railway or carry on any industrial or agricultural or mining enterprise, the procedure will be on the same lines, except that the whole affair will be on a less exalted plane. such an issue would not, save in exceptional circumstances, as when a great railway is offering bonds or debenture stock, be fathered by one of the leading financial firms. industrial ventures are associated with so many risks that they are usually left to the smaller fry, and those who underwrite them expect higher rates of commission, while subscribers can only be tempted by anticipations of more mouth-filling rates of interest or profit. this distinction between interest and profit brings us to a further difference between the securities of companies and public bodies. public bodies do not offer profit, but interest, and the distinction is very important. a government asks for your money and promises to pay a rate for it, whether the object on which the money is spent be profit-earning or no, and, if it is, whether a profit be earned or no. a company asks subscribers to buy it up and become owners of it, taking its profits, that it expects to earn, and getting no return at all on their money if its business is unfortunate and the profits never make their appearance. consequently the shareholders in a company run all the risks that industrial enterprise is heir to, and the return, if any, that comes into their pockets depends on the ability of the enterprise to earn profits over and above all that it has to pay for raw material, wages and other working expenses, all of which have to be met before the shareholder gets a penny. in order to meet the objections of steady-going investors to the risks involved by thus becoming industrial adventurers, a system has grown up by which the capital of companies is subdivided into securities that rank ahead of one another. companies issue debts, like public bodies, in the shape of bonds or debenture stocks, which entitle the holders of them to a stated rate of interest, and no more, and are often repayable at a due date, by drawings or otherwise. these are the first charge on the concern after wages and other working expenses have been paid, and the shareholders do not get any profit until the interest on the company's debt has been met. further, the actual capital held by the shareholders is generally divided into two classes, preference and ordinary, of which the preference take a fixed rate before the ordinary shareholders get anything, and the ordinary shareholders take the whole of any balance left over. sometimes, the preference holders have a right to further participation after the ordinary have received a certain amount of dividend, or share of profit, and there are almost endless variations of the manner in which the different classes of holders may claim to divide the profits, by means of preference, preferred, ordinary, preferred ordinary, deferred ordinary, founders' shares, management shares, etc., etc. all these variations in the position of the shareholder, however, do not alter the great essential difference between him and the creditor, the man who lends money to a government or enterprise with a fixed rate of interest, and, in most cases, a claim for repayment sooner or later. the shareholder, whether preference or ordinary, puts his money into a venture with no claim for repayment, unless the company is wound up, in which case his claim ranks, of course, after that of every creditor. if he wants to get his money out again he can only do so by selling his stock or shares at any price that they will fetch in the stock market. thus, if we take as an example a brewery company with a total debt and capital of three millions, we may suppose that it will have a million 4-1/2 per cent, debenture stock, entitling the creditors who own it to interest at that rate, and repayment in 1935, a million of 6 per cent. cumulative preference stock, giving holders a fixed dividend, if earned, of 6 per cent, which dividend and all arrears have to be paid before the ordinary shareholders get anything, and a million in ordinary shares of £10 each, whose holders take any balance that may be left. this is the total of the money that has been received from the public when the company was floated and put into the brewery plant, tied houses, or other assets out of which the company makes its revenue. these bonds and stocks and shares are the machinery of international finance, by which moneylenders of one nation provide borrowers in others with the wherewithal to carry out enterprises, or make payments for which they have not cash available at home. it was shown in a previous chapter that bills of exchange are a means by which the movements of commodities from market to market are financed, and the gap in time is bridged between production and consumption. stock exchange securities are more permanent investments, put into industry for longer periods or for all time. midway between them are securities such as treasury bills with which governments raise the wind for a time, pending the collection of revenue, and the one or two years' notes with which american railroads lately financed themselves for short periods, in the hope that the conditions for an issue of bonds with longer periods to run, might become more favourable. so far we have only considered the machinery by which these securities are created and issued to the public, but it must not be supposed that investment is only possible when new securities are being offered. many investors have a prejudice against ever buying a new security, preferring those which have a record and a history behind them, and buying them in the market whenever they have money to invest. this market is the stock exchange in which securities of all kinds and of all countries are dealt in. following the history of the ruritanian loan, we may suppose that it will be dealt in regularly in that section of the stock exchange in which the loans of foreign governments are marketed. any original subscriber who wants to turn his bonds into money can do so by instructing his broker to sell them; anyone who wants to do so can acquire a holding in them by a purchase. the terms on which they will be bought or sold will depend on the variations in the demand for, and supply of, them. if a number of holders want to sell, either because they want cash for other purposes, or because they are nervous about the political outlook, or because they think that money is going to be scarce and so there will be better opportunities for investment later on, then the price will droop. but if the political sky is serene and people are saving money fast and investing it in stock exchange securities, then the price will go up and those who want to buy it will pay more. the price of all securities, as of everything else, depends on the extent to which people who have not got them demand them, in relation to the extent to which those who have got them are ready to part with them. price is ultimately a question of what people think about things, and this is why the fluctuations in the price of stock exchange securities are so incalculable and often so irrational. if a sufficient number of misguided people with money in their pockets think that a bad security is worth buying they will put the price of it up in the face of the logic of facts and all the arguments of reason. these wild fluctuations, of course, take place chiefly in the more speculative securities. shares in a gold mine can go to any price that the credulity of buyers dictates, since there is no limit to the amount of gold that people can imagine to be under the ground in its territory. all the stock exchanges of the world are in communication with one another by telegraph, or telephone, and so their feelings about prices react on one another's nerves and imaginations, and the stock exchange price list may be said to be the language of international finance, as the bill of exchange is its currency. chapter iv. finance and trade we have seen that finance becomes international when capital goes abroad, by being lent by investors in one country to borrowers in another, or by being invested in enterprises formed to carry on some kind of business abroad. we have next to consider why capital goes abroad and whether it is a good or a bad thing, for it to do so. capital goes abroad because it is more wanted in other countries than in the country of its origin, and consequently those who invest abroad are able to do so to greater advantage. in countries like england and france, where there have been for many centuries thrifty folk who have saved part of their income, and placed their savings at the disposal of industry, it is clear that industry is likely to be better supplied with capital than in the new countries which have been more lately peopled, and in which the store of accumulated goods is less adequate to the industrial needs of the community. for we must always remember that though we usually speak and think of capital as so much money it is really goods and property. in england money consists chiefly of credit in the books of banks, which can only be created because there is property on which the banks can make advances, or because there is property expressed in securities in which the banks can invest or against which they can lend. because our forefathers did not spend all their incomes on their own personal comfort and amusement but put a large part of them into railways and factories, and shipbuilding yards, our country is now reasonably well supplied with the machinery of production and the means of transport. whether it might not be much better so equipped is a question with which we are not at present concerned. at least it may be said that it is more fully provided in these respects than new countries like our colonies, america and argentina, or old countries like russia and china in which industrial development is a comparatively late growth, so that there has been less time for the storing up, by saving, of the necessary machinery. so it comes about that new countries are in greater need of capital than old ones and consequently are ready to pay a higher rate of interest for it to lenders or to tempt shareholders with a higher rate of profit. and so the opportunity is given to investors in england to develop the agricultural or industrial resources of all the countries under the sun to their own profit and to that of the countries that it supplies. when, for example, the government of one of the australian colonies came to london to borrow money for a railway, it said in effect to english investors, "your railways at home have covered your country with such a network that there are no more profitable lines to be built. the return that you get from investing in them is not too attractive in view of all the trade risks to which they are subject. do not put your money into them, but lend it to us. we will take it and build a railway in a country which wants them, and, whether the railway pays or no, you will be creditors of a colonial government with the whole wealth of the colony pledged to pay you interest and pay back your money when the loan falls due for repayment." for in australia the railways have all been built by the colonial governments, partly because they wished, by pledging their collective credit, to get the money as cheaply as possible, and keep the profits from them in their own hands, and partly probably because they did not wish the management of their railways to be in the hands of london boards. in argentina, on the other hand, the chief railways have been built, not by the government but by english companies, shareholders in which have taken all the risks of the enterprise, and have thereby secured handsome profits to themselves, tempered with periods of bad traffic and poor returns. for many years there was a good deal of prejudice in england against investing abroad, especially among the more sleepy classes of investors who had made their money in home trade, and liked to keep it there when they invested it. as traders, we learnt a world-wide outlook many centuries before we did so as investors. to send a ship with a cargo of english goods to a far off country to be exchanged into its products was a risk that our enterprising forefathers took readily. the ship took in its return cargo and came home, bringing its sheaves with it in a reasonable time, though the antonios of the period sometimes had awkward moments if their ships were delayed by bad weather, and they were liable on a bond to shylock. but it was quite another matter to lend money in a distant country when communication was slow and difficult, and social and political conditions had not gained the stability that is needed before contracts can be entered into extending over many years. international moneylending took place, of course, in the middle ages, and everybody knows motley's great description of the consternation that shook europe when philip the second repudiated his debts "to put an end to such financiering and unhallowed practices with bills of exchange."[3] but though there were moneylenders in those days who obliged foreign potentates with loans, the business was in the hands of expert professional specialists, and there was no medieval counterpart of the country doctor whom we have imagined to be developing industry all over the world by placing his savings in foreign countries. there could be no investing public until there were large classes that had accumulated wealth by saving, and until the discovery of the principle of limited liability enabled adventurers to put their savings into industry without running the risk of losing not only what they put in, but all else that they possessed. by means of this system, the risk of a shareholder in a company is limited to a definite amount, usually the amount that has been paid up on his shares or stock, though in some cases, such as bank and insurance shares, there is a further reserve liability which is left for the protection of the companies' customers. in the eighteenth century a great outburst of gambling in the east indian and south sea companies, and a horde of less notorious concerns was a short-lived episode which must have helped for a very long time to strengthen the natural prejudice that investors feel in favour of putting their money into enterprise at home; and it was still further strengthened by the disastrous results of another great plague of bad foreign securities that smote london just after the war that ended at waterloo. this prejudice survived up to within living memory, and i have heard myself old-fashioned stockbrokers maintain that, after all, there was no investment like home rails, because investors could always go and look at their property, which could not run away. gradually, however, the habit of foreign investment grew, under the influence of the higher rates of interest and profit offered by new countries, the greater political stability that was developed in them, and political apprehensions at home. in fact it grew so fast and so lustily that there came a time, not many years ago, when investments at home were under a cloud, and many clients, when asking their brokers where and how to place their savings, stipulated that they must be put somewhere abroad. this was at a time when mr. lloyd george's financial measures were arousing resentment and fear among the investing classes, and when preachers of the tariff reform creed were laying so much stress on our "dying industries" that they were frightening those who trusted them into the belief that the sun was setting on our industrial greatness. the effect of this belief was to bring down the prices of home securities, and to raise those of other countries, as investors changed from the former into the latter. so the theory that we were industrially and financially doomed got another argument from its own effects, and its missionaries were able to point to the fall in consols and the relative steadiness of foreign and colonial securities which their own preaching had brought about, as fresh evidence of its truth. at the same time fear of socialistic legislation at home had the humorous result of making british investors fear to touch consols, but rush eagerly to buy the securities of colonial governments which had gone much further in the direction of socialism than we had. those were great days for all who handled the machinery of oversea investment and in the last few years before the war it is estimated that england was placing some 200 millions a year in her colonies and dependencies and in foreign countries. old-fashioned folk who still believed in the industrial strength and financial stability of their native land waited for the reaction which was bound to follow when some of the countries into which we poured capital so freely, began to find a difficulty in paying the interest; and just before the war this reaction began to happen, in consequence of the default in mexico and the financial embarrassments of brazil. mexico had shown that the political stability which investors had believed it to have achieved was a very thin veneer and a series of revolutions had plunged that hapless land into anarchy. brazil was suffering from a heavy fall in the price of one of her chief staple products, rubber, owing to the competition of plantations in ceylon, straits settlements and elsewhere, and was finding difficulty in meeting the interest on the big load of debt that the free facilities given by english and french investors had encouraged her to pile up. she had promised retrenchment at home, and another big loan was being hatched to tide her over her difficulties--or perhaps increase them--when the war cloud began to gather and she has had to resort for the second time in her history to the indignity of a funding scheme. by this "new way of paying old debts" she does not pay interest to her bondholders in cash, but gives them promises to pay instead, and so increases the burden of her debt, which she hopes some day to be able to shoulder again, by resuming payments in cash. mexico and brazil were not the only countries that were showing signs, in 1914, of having indulged too freely in the opportunities given them by the eagerness of english and french investors to place money abroad. it looked as if in many parts of the earth a time of financial disillusionment was dawning, the probable result of which would have been a strong reaction in favour of investment at home. then came the war with a short sharp spell of financial chaos followed by a halcyon period for young countries, which enabled them to sell their products at greatly increased prices to the warring powers and so to meet their debt charges with an ease that they had never dreamt of, and even to find themselves lending, out of the abundance of their war profits, money to their creditors. america has led the way with a loan of £100 millions to france and england, and canada has placed 10 millions of credit at the disposal of the mother country. there can be little doubt that if the war goes on, and the neutral countries continue to pile up profits by selling food and war materials to the belligerents, many of them will find it convenient to lend some of their gains to their customers. america has also been taking the place of france and england as international moneylenders by financing argentina; and a great company has been formed in new york to promote international activity, on the part of americans, in foreign countries. "and thus the whirligig of time," assisted by the eclipse of civilization in europe, "brings in his revenges" and turns debtors into creditors. in the meantime it need hardly be said that investment at home has become for the time being a matter of patriotic duty for every englishman, since the financing of the war has the first and last claim on his savings. our present concern, however, is not with the war problems of to-day, but with the processes of international finance in the past, and perhaps, before we get to the end, with some attempt to hazard a glimpse into its arrangements in the future. what was the effect on england, and on the countries to whom she lent, of her moneylending activity in the past? as soon as we begin to look into this question we see once more how close is the connection between finance and trade, and that finance is powerless unless it is supported and in fact made possible by industrial or commercial activity behind it. england's international trade made her international finance possible and necessary. a country can only lend money to others if it has goods and services to supply, for in fact it lends not money but goods and services. in the beginnings of international trade the older countries exchange their products for the raw materials and food produced by the new ones. then, as emigrants from the old countries go out into the new ones, they want to be supplied with the comforts and appliances of the older civilizations, such as, to take an obvious example, railways. but as the productions of the new countries, at their early stage of development, do not suffice to pay for all the material and machinery needed for building railways, they borrow, in effect, these materials, in the expectation that the railways will open out their resources, enable them to put more land under the plough and bring more stuff to the seaboard, to be exchanged for the products of europe. the new country, new zealand or japan, or whichever it may be, raises a loan in england for the purpose of building a railway, but it does not take the money raised by the loan in the form of money, but in the form of goods needed for the railway, and sometimes in the form of the services of those who plan and build it. it does not follow that all the stuff and services needed for the enterprise are necessarily bought in the country that lends the money; for instance, if japan borrows money from us for a railway, she may buy some of the steel rails and locomotives in belgium, and instruct us to pay belgium for her purchases. if so, instead of sending goods to japan we shall have to send goods or services to belgium, or pay belgium with the claim on some other country that we have established by sending goods or services to it. but, however long the chain may be, the practical fact is that when we lend money we lend somebody the right to claim goods or services from us, whether they are taken from us by the borrower, or by somebody to whom the borrower gives a claim on us. if, whenever we made a loan, we had to send the money to the borrower in the form of gold, our gold store would soon be used up, and we should have to leave off lending. in other words, our financiers would have to retire from business very quickly if it were not that our manufacturers and shipowners and all the rest of our industrial army produced the goods and services to meet the claims on our industry given, or rather lent, to other countries by the machinery of finance. this obvious truism is often forgotten by those who look on finance as an independent influence that can make money power out of nothing; and those who forget it are very likely to find themselves entangled in a maze of error. we can make the matter a little clearer if we go back to the original saver, whose money, or claims on industry, is handled by the professional financier. those who save do so by going without things. instead of spending their earnings on immediate enjoyment they spend part of them in providing somebody else with goods that they need, and taking from that somebody else an annual payment for the use of these goods for a certain period, after which, if it is a case of a loan, the transaction is closed by repayment of the advance, which again is effected by a transfer of goods. when our country doctor subscribes to an australian loan raised by a colony for building a railway, he hands over to the colony money which a less thrifty citizen would have spent on pleasures and amusements, and the colony uses it to buy railway material. thus in effect the doctor is spending his money in making a railway in australia. he is induced to do so by the promise of the colony to give him £4 every year for each £100 that he lends. if there were not enough people like him to put money into industry instead of spending it on themselves, there could be no railway building or any other form of industrial growth. it is often contended that a reconstruction of society on a socialistic basis would abolish the capitalist; but in fact it would make everybody a capitalist because the state would have to make the citizens as a whole go without certain immediate enjoyments and work on the production of the machinery of industry. instead of saving being left to the individual and rewarded by a rate of interest, it would be imposed on all and rewarded by a greater productive power, and consequent increase in commodities, enjoyed by the community and distributed among all its members. the advantages, on paper, of such an arrangement over the present system are obvious. whether they would be equally obvious in practice would depend on the discretion with which the government handled the enormous responsibility placed in its hands. but the essential fact that capital can only be got by being saved, and earns the reward that it gets, would remain as strongly in force as ever, and will do so until we have learnt to make goods out of nothing and without effort. going back to our doctor, who lends railway material to an australian colony, we see that every year for each £100 lent the colony has to send him £4. this it can only do if its mines and fields and factories can turn out metals or wheat or wool, or other goods which can be shipped to england or elsewhere and be sold, so that the doctor's £4 is provided. and so though on both sides the transaction is expressed in money it is in fact carried out in goods, both when the loan is made and the interest is paid. and finally when the loan is paid back again, the colony must have sold goods to provide repayment, unless it meets its debts by raising another. but when a loan is well spent on a railway that is needed for the development of a fertile or productive district, it justifies itself by cheapening transport and quickening the output of wealth in such a manner, that the increased volume of goods that it has helped to create easily meets the interest due to lenders, provides a fund for its redemption at maturity, and leaves the borrower better off, with a more fully equipped productive system. since, then, there is this close and obvious connection between finance and trade, it is inevitable that all who partake in the activities of international finance should find their trade quickened by it. england has lent money abroad because she is a great producer, and certain classes of englishmen are savers, so that there was a balance of goods available for export, to be lent to other countries. in the early years of the nineteenth century, when our industrial power was first beginning to gather strength, we used regularly to export goods to a greater value than we imported. these were the goods that we were lending abroad, clearly showing themselves in our trade ledger. since then the account has been complicated by the growth of the amount that our debtors owe us every year for interest, and by the huge earnings of our merchant navy, which other countries pay by shipping goods to us, so that, by the growth of these items, the trade balance sheet has been turned in the other direction, and in spite of our lending larger and larger amounts all over the world we now have a balance of goods coming in. interest due to us and shipping freights and the commissions earned by our bankers and insurance companies were estimated before the war to amount to something like 350 millions a year, so that we were able to lend other countries some 200 millions or more in a year and still take from them a very large balance in goods. after the war this comfortable state of affairs will have been modified by the sales that we are making now in new york of the american railroad bonds and shares that represented the savings that we had put into america in former years, and by the extent of our war borrowings in america, and elsewhere, if we widen the circle of our creditors. the effect of this will be that we shall owe america for interest on the money that it is lending us, and that it will owe us less interest, owing to the blocks of its securities that it is buying back. against this we shall be able to set debts due to us from our allies, but if our borrowings and sales of securities exceed our lendings as the war goes on, we shall thereby be poorer. our power as a creditor country will be less, until by hard work and strict saving we have restored it. this we can very quickly do, if we remember and apply the lessons that war is teaching us about the number of people able to work, whose capacity was hitherto left fallow, that this country contained, and also about the ease with which we can dispense, when a great crisis makes us sensible, with many of the absurdities and futilities on which much of our money, and productive capacity, used to be wasted. footnotes: [footnote 3: "united netherlands," chap. xxxii.] chapter v the benefits of international finance when once we have recognized how close is the connection between finance and trade, we have gone a long way towards seeing the greatness of the service that finance renders to mankind, whether it works at home or abroad. at home we owe our factories and our railways and all the marvellous equipment of our power to make things that are wanted, to the quiet, prosaic, and often rather mean and timorous people who have saved money for a rainy day, and put it into industry instead of into satisfying their immediate wants and cravings for comfort and enjoyment it is equally, perhaps still more, true, that we owe them to the brains and energy of those who have planned and organized the equipment of industry, and the thews and sinews of those who have done the heavy work. but brain and muscle would have been alike powerless if there had not been saving folk who lent them raw material, and provided them with the means of livelihood in the interval between the beginning of an industry and the day when its product is sold and paid for. abroad, the work of finance has been even more advantageous to mankind, for since it has been shown that international finance is a necessary part of the machinery of international trade, it follows that all the benefits, economic and other, which international trade has wrought for us, are inseparably and inevitably bound up with the progress of international finance. if we had never fertilized the uttermost parts of the earth by lending them money and sending them goods in payment of the sums lent, we never could have enjoyed the stream that pours in from them of raw material and cheap food which has sustained our industry, fed our population, and given us a standard of general comfort such as our forefathers could never have imagined. it is true that at the same time we have benefited others, besides our own customers and debtors. we have opened up the world to trade and other countries reap an advantage by being able to use the openings that we have made. it is sometimes argued that we have in fact merely made the paths of our competitors straight, and that by covering argentina with a network of railways and so enormously increasing its power to grow things and so to buy things, we have been making an opportunity for german shipbuilders to send liners to the plate and for german manufacturers to undersell ours with cheap hardware and cotton goods. this is, undoubtedly, true. the great industrial expansion of germany between 1871 and 1914, has certainly been helped by the paths opened for it all over the world by english trade and finance; and america, our lusty young rival, that is gaining so much strength from the war in which europe is weakening itself industrially and financially, will owe much of the ease of her prospective expansion to spade-work done by the sleepy britishers. it may almost be said that we and france as the great providers of capital to other countries have made a world-wide trade possible on its present scale. the work we have done for our own benefit has certainly helped others, but it does not, therefore, follow that it has damaged us. looking at the matter from a purely business point of view, we see that the great forward movement in trade and finance that we have led and fostered, has helped us even by helping our rivals. in the first place, it gives us a direct benefit as the owners of the mightiest fleet of merchant ships that the world has seen. we do nearly half the world's carrying trade, and so have reason to rejoice when other nations send goods to the ports that we have opened. by our eminence in finance and the prestige of a bill of exchange drawn on london, we have also supplied the credit by which goods have been paid for in the country of their origin, and nursed until they have come to the land in which they are wanted, and even until the day when they have been turned into a finished product and passed into the hands of the final consumer. but there is also the indirect advantage that we gain, as a nation of producers and financiers, from the growing wealth of other nations. the more wealthy they grow, the more goods they produce want to sell to us, and they cannot sell to us unless they likewise buy from us. if we helped germany to grow rich, we also helped her to become one of our best customers and so to help us to grow rich. trade is nothing but an exchange of goods and services. other countries are not so philanthropic as to kill our trade by making us presents of their products and from the strictly economic point of view, it pays us to see all the world, which is our market, a thriving hive of industry eager to sell us as as it can. it may be that as other countries, with the help of our capital and example, develop industries in which we have been pre-eminent, they may force us to supply them with services of which we are less proud to be the producers. if, for example, the americans were to drive us out of the neutral markets with their cotton goods, and then spent their profits by revelling in our hotels and thronging out theatres and shooting in highland deer forests, and buying positions in english society for their daughters we should feel that the course of industry might still be profitable to us, but that it was less satisfactory. on the other hand, it would be absurd for us to expect the rest of the world to stand still industrially in order that we may make profits from producing things for it that it is quite able to make for itself. for the present we are concerned with the benefits of international finance, which have been shown to begin with its enormous importance as the handmaid of international trade. trade between nations is desirable for exactly the same reason as trade between one man and another, namely, that each is, naturally or otherwise, better fitted to grow or make certain things, and so an exchange is to their mutual advantage. if this is so, as it clearly is, in the case of two men living in the same street, it is evidently very much more so in the case of two peoples living in different climates and on different soils, and so each of them, by the nature of their surroundings, able to make and grow things that are impossible to the other. english investors, by developing the resources of other countries, through the machinery of international finance, enable us to sit at home in this inclement isle, and enjoy the fruits of tropical skies and soils. it may be true that if they had not done so we should have developed the resources of our own country more thoroughly, using it less as a pleasure ground, and more as a farm and kitchen garden, and that we should have had a larger number of our own folk working for us under our own sky. instead of thriving on the produce of foreign climes and foreign labour that comes to us to pay interest, we should have lived more on home-made stuff and had more healthy citizens at work on our soil. on the other hand, we should have been hit hard by bad seasons and we should have enjoyed a much less diversified diet. as it is, we take our tea and tobacco and coffee and sugar and wine and oranges and bananas and cheap bread and meat, all as a matter of course, but we could never have enjoyed them if international trade had not brought them to our shores, and if international finance had not quickened and cheapened their growth and transport and marketing. international trade and finance, if given a free hand, may be trusted to bring about, between them, the utmost possible development of the power of the world to grow and make things in the places where they can be grown and made most cheaply and abundantly, in other words, to secure for human effort, working on the available raw material, the greatest possible harvest as the reward of its exertions. all this is very obvious and very material, but international finance does much more, for it is a great educator and a mighty missionary of peace and goodwill between nations. this also is obvious on a moment's reflection, but it will be rejected as a flat mis-statement by many whose opinion is entitled to respect, and who regard international finance as a bloated spider which sits in the middle of a web of intrigue and chicanery, enticing hapless mankind into its toils and battening on bloodshed and war. so clear-headed a thinker as mr. philip snowden publicly expressed the view not long ago that "the war was the result of secret diplomacy carried on by diplomatists who had conducted foreign policy in the interests of militarists and financiers,"[4] now mr. snowden may possibly be right in his view that the war was produced by diplomacy of the kind that he describes, but with all deference i submit that he is wholly wrong if he thinks that the financiers, as financiers, wanted war either here or in germany or anywhere else. if they wanted war it was because they believed, rightly or wrongly, that their country had to fight for its existence, or for something equally well worth fighting for, and so as patriotic citizens, they accepted or even welcomed a calamity that could only cause them, as financiers, the greatest embarrassment and the chance of ruin. war has benefited the working classes, and enabled them to take a long stride forward, which we must all hope they will maintain, towards the improvement in their lot which is so long overdue. it has helped the farmers, put fortunes in the pockets of the shipowners, and swollen the profits of any manufacturers who have been able to turn out stuff wanted for war or for the indirect needs of war. the industrial centres are bursting with money, and the greater spending power that has been diffused by war expenditure has made the cheap jewellery trade a thriving industry and increased the consumption of beer and spirits in spite of restrictions and the absence of men at the front. picture palaces are crammed nightly, furs and finery have had a wonderful season, any one who has a motor car to sell finds plenty of ready buyers, and second-hand pianos are an article that can almost be "sold on a sunday." but in the midst of this roar of humming trade, finance, and especially international finance, lies stricken and still gasping from the shock of war. when war comes, the price of all property shrivels. this was well known to falstaff, who, when he brought the news of hotspur's rebellion, said "you may buy land now as cheap as stinking mackerel," to most financial institutions, this shrivelling process in the price of their securities and other assets, brings serious embarrassment, for there is no corresponding decline in their liabilities, and if they have not founded themselves on the rock of severest prudence in the past, their solvency is likely to be imperilled. finance knew that it must suffer. the story has often been told, and though never officially confirmed, it has at least the merit of great probability, that in 1911 when the morocco crisis made a european war probable, the german government was held back by the warning of its financiers that war would mean germany's ruin. it is more than likely that a similar warning was given in july, 1914, but that the war party brushed it aside. and now that war is upon us, we are being warned that high finance is intriguing for peace. mr. edgar crammond, a distinguished economist and statistician, published an article in the _nineteenth century_ of september, 1915, entitled "high finance and a premature peace," calling attention to this danger and urging the need for guarding against it. first too bellicose and now too pacific, high finance is buffeted and spat upon by men of peace and men of war with a unanimity that must puzzle it. it can hardly err on both sides, but of the two accusers i think that mr. crammond is much more likely to be right. but my own personal opinion is that both these accusers are mistaken, that the financiers never wanted war, that if (which i beg to doubt) diplomacy conducted in their interests produced the war, that was because diplomacy misunderstood and bungled their interests, and that now that the war is upon us, the financiers, though all their interests urge them to want peace, would never be parties to intrigues for a peace that was premature or ill-judged. perhaps i have a weakness for financiers, but if so it is entitled to some respect, because it is based on closer knowledge of them than is owned by most of their critics. for years it was my business as a city journalist, to see them day by day; and this daily intercourse with financiers has taught me that the popular delusion that depicts them as hard, cruel, ruthless men, living on the blood and sweat of humanity, and engulfed to their eyebrows in their own sordid interests, is about as absurd a hallucination as the stage irishman. financiers are quite human--quiet, mild, good-natured people as a rule, many of them spending much time and trouble on good works in their leisure hours. what they want as financiers is plenty of good business and as little as possible disturbance in the orderly course of affairs. such a cataclysm as the present war could only terrify them, especially those with interests in every country of the world. when war comes, especially such a war as this, financing in its ordinary and most profitable sense has to put up its shutters. nobody can come to london now for loans except the british, or french, governments, or, occasionally, one of our colonies. any other borrower is warned off the field by a ruthless committee whose leave has to be granted before dealings in new securities are allowed on the stock exchange. but when the british government borrows, there are no profits for the rank and file of financiers. no underwriting is necessary, and the business is carried out by the bank of england. the commissions earned by brokers are smaller, and the whole city feels that this is no time for profit-making, but for hard and ill-paid work, with depleted staffs, to help the great task of financing a great war. the stock exchange is half empty and nearly idle. it is tied and bound by all sorts of regulations in its dealings, and its members have probably suffered as severely from the war as any section of the community. the first interest of the city is unquestionably peace; and the fact that the city is nevertheless full of fine, full-flavoured patriotic fervour only shows that it is ready and eager to sink its interests in favour of those of its country. every knot that international finance ties between one country and another makes people in those two countries interested in their mutual good relations. the thing is so obvious, that, when one considers the number of these knots that have been tied since international finance first began to gather capital from one country's investors and place it at the disposal of others for the development of their resources, one can only marvel that the course of international goodwill has not made further progress. the fact that it is still a remarkably tender plant, likely to be crushed and withered by any breath of popular prejudice, is rather a comforting evidence of the slight importance that mankind attaches to the question of its bread and butter. it is clear that a purely material consideration, such as the interests of international finance, and the desire of those who have invested abroad to receive their dividends, weighs very little in the balance when the nations think that their honour or their national interests are at stake. since the gilded cords of trade and finance have knit all the world into one great market, the proposition that war does not pay has become self-evident to any one who will give the question a few minutes' thought. international finance is a peacemaker every time it sends a british pound into a foreign country. but its influence as a peacemaker is astonishingly feeble just for this reason, that its appeal is to an interest which mankind very rightly disregards whenever it feels that more weighty matters are in question. the fact that war does not pay is an argument that is listened to as little by a nation when its blood is up, as the fact that being in love does not pay would be heeded by an amorous undergraduate. if, then, the voice of international finance is so feeble when it is raised against the terrible scourge of war, can it have much force on the rare occasions when it speaks in its favour? for there is no inconsistency with the view that finance is a peacemaker, if we now acknowledge that finance may sometimes ask for the exertion of force on its behalf. as private citizens we all of us want to live at peace with our neighbours, but if one of them steals our property or makes a public nuisance of himself, we sometimes want to invoke the aid of the strong arm of the law in dealing with him. consequently, although it cannot be true that finance wanted war such as this one, it cannot be denied that wars have happened in the past, which have been furthered by financiers who believed that they suffered wrongs which only war could put right. the egyptian war of 1882 is a case in point, and the south african war of 1899 is another. in egypt international finance had lent money to a potentate ruling an economically backward people, without taking much trouble to consider how the money was to be spent, or whether the country could stand the charge on its revenues that the loans would involve. the fact that it did so was from one point of view a blunder and from another a crime, but this habit of committing blunders and crimes, which is sometimes indulged in by finance as by all other forms of human activity, will have to be dealt with in our next chapter, when we deal with the evils of international finance. the consequence of this blunder was that egypt went into default, and england's might was used on behalf of the bondholders who had made a bad investment. this fact has been put forward by mr. brailsford, in his very interesting book on "the war of steel and gold," and by other writers, to show that our diplomacy is the tool of international finance, and that the forces created by british taxpayers for the defence of their country's honour, are used for the sordid purpose of wringing interest for a set of money-grubbers in the city, out of a poor and down-trodden peasantry overburdened by the exactions and extortions of their rulers. mr. brailsford, of course, puts his case much better than i can, in any brief summary of his views. he has earned and won the highest respect by his power as a brilliant writer, and by his disinterested and consistent championship of the cause of honesty and justice, wherever and whenever he thinks it to be in danger. nevertheless, in this matter of the egyptian war i venture to think that he is mistaking the tail for the dog. diplomacy, i fancy, was not wagged by finance, but used finance as a very opportune pretext. if egypt had been brazil, it is not very likely that the british fleet would have shelled rio de janeiro. the bondholders would have been reminded of the sound doctrine, _caveat emptor_, which signifies that those who make a bad bargain have only themselves to blame, and must pocket their loss with the best grace that they can muster. as it was, egypt had long ago been marked out as a place that england wanted, because of its vitally important position on the way to india. kinglake, the historian, writing some three-quarters of a century ago, long before the suez canal was built, prophesied that egypt would some day be ours. in chapter xx. of "eothen," comes this well known passage on the sphynx (he spelt it thus):- "and we, we shall die, and islam will wither away, and the englishman, leaning far over to hold his loved india, will plant a firm foot on the banks of the nile, and sit in the seats of the faithful, and still that sleepless rock will lie watching, and watching the works of the new, busy race, with those same sad, earnest eyes, and the same tranquil mien everlasting." after the building of the canal, the command of this short cut to india made egypt still more important. england bought shares in the canal, so using finance as a means to a political object; and it did so still more effectively when it used the egyptian default and the claims of english bondholders as an excuse for taking its seat in egypt and sitting there ever since. the bondholders were certainly benefited, but it is my belief that they might have whistled for their money until the crack of doom if it had not been that their claims chimed in with imperial policy. it may have been wicked of us to take egypt, but if so let us lay the blame on the right doorstep and not abuse the poor bondholder and financier who only wanted their money and were used as a stalking horse by the machiavellis of downing street. mr brailsford's own account of the matter, indeed, shows very clearly that policy, and not finance, ruled the whole transaction. in south africa there was no question of default, or of suffering bondholders. there was a highly prosperous mining industry in a country that had formerly belonged to us, and had been given back to its dutch inhabitants under circumstances which the majority of people in this country regarded as humiliating. on this occasion even the pretext was political. it may have been that the english mine-owners thought they could earn better profits under the british flag than under the rule of mr. kruger, though i am inclined to believe that even in their case their incentive was chiefly a patriotic desire to repaint in red that part of the map in which they carried on their business. certainly their grievance, as it was put before us at home, was frankly and purely political. they said they wanted a vote and that mr. kruger would not give them one. that acute political thinker, mr. dooley of chicago, pointed out at the time that if mr. kruger "had spint his life in a rale raypublic where they burn gas," he would have given them the votes, but done the counting himself. but mr. kruger did not adopt this cynical expedient, and public opinion here, though a considerable minority detested the war, endorsed the determination of the government to restore the disputed british suzerainty over the transvaal into actual sovereignty. subsequent events, largely owing to the ample self-government given to the transvaal immediately after its conquest, have shown that the war did more good than harm; and the splendid defeat of the germans by the south african forces under general botha--our most skilful opponent fifteen years ago--has, we may hope, wiped out all traces of the former conflict. but what we are now concerned with is the fact, which will be endorsed by all whose memory goes back to those days, that the south african war, though instigated and furthered by financial interests, would never have happened if public opinion had not been in favour of it on grounds which were quite other than financial--the desire to bring back the transvaal into the british empire and to wipe out the memory of the surrender after majuba, and humanitarian feeling which believed, rightly or wrongly, that the natives would be treated better under our rule. these may or may not have been good reasons for going to war, but at least they were not financial. summing up the results of this rather discursive chapter we see that the chief benefit conferred on mankind by international finance is a quickening of the pace at which the wealth of the world is increased and multiplied, by using the capital saved by old countries for fostering the productive power of new ones. this is surely something solid on the credit side of the balance sheet, though it would be a good deal more so if mankind had made better progress with the much more difficult problem of using and distributing its wealth. if the rapid increase of wealth merely means that honest citizens, who find it as hard as ever to earn a living, are to be splashed with more mud from more motor-cars full of more road hogs, then there is little wonder if the results of international finance produce a feeling of disillusionment. but at least it must be admitted that the stuff has to be grown and made before it can be shared, and that a great advance has been made even in the general distribution of comfort. if we still find it hard to make a living, that is partly because we have very considerably expanded, during the course of the last generation or two, our notion of what we mean by a living. as to the sinister influence alleged to be wielded by international finance in the councils of diplomacy, it has been shown that war on a great scale terrifies finance and inflicts great distress on it. to suppose, therefore, that finance is interested in the promotion of such wars is to suppose that it is a power shortsighted to the point of imbecility. in the case of wars which finance is believed with some truth to have helped to instigate, we have seen that it could not have done so if other influences had not helped it. in short, both the occurrence of the present war, and the circumstances that led up to war in egypt and south africa, have shown how little power finance wields in the realm of foreign politics. in the city if one suggests that our foreign office is swayed by financial influences one is met by incredulous mockery, probably accompanied by assertions that the foreign office is, in fact, neglectful, to a fault, of british financial interests abroad, and that when it does, as in china, interfere with financial matters, it is apt to tie the hands of finance, in order to further what it believes to be the political interests of the country. the formation of the six power group in china meant that the financial strength of england and france had to be shared, for political reasons, with powers which had, on purely financial grounds, no claim whatever to participate in the business of furnishing capital to china. the introduction to the 1898 edition of "fenn on the funds," expresses the view that our government is ready to protect our traders abroad, but only helps investors when it suits it to do so. "if," it says, "a barbarian potentate's subjects rob a british trader we never hesitate to insist upon the payment of liberal compensation, which we enforce if necessary by a 'punitive expedition,' but if a civilized government robs a large number of british investors, the government does not even, so far as we know, enlist the help of its diplomatic service. only when, as in the case of egypt, there are important political objects in view, does the state protect those citizens who are creditors of foreign nations. one or two other countries, notably germany, set us a good example, with the best results as far as their investors are concerned." germany is often thus taken as the example of the state which gives its financiers the most efficient backing abroad; but even in germany finance is, like everything else, the obedient servant of the military and political authorities. for several years before the present war, the financiers of berlin were forbidden to engage in moneylending operations abroad. no doubt the government saw that the present war was coming, and so it preferred to keep german money at home. it is true that germany once shook its mailed fist with some vigour on behalf of its financial interest when it made, with us, a demonstration against venezuela. but it is at least possible that it did so chiefly with a view to the promotion of the popularity of its navy at home, and to making it easier to get the money for its upkeep and increase from the taxpayers, already oppressed by their military burden. in morocco questions of trade and finance were at the back of the quarrel, but it would not have become acute if it had not been for the expected political consequences that were feared from the financial penetration that was being attempted; and as has been already pointed out, the financiers are generally credited with having persuaded germany to agree to a settlement on that occasion. in short, finance, if left to itself, is international and peace-loving. many financiers are at the same time ardent patriots, and see in their efforts to enrich themselves and their own country a means for furthering its political greatness and diplomatic prestige. man is a jumble of contradictory crotchets, and it would be difficult to find anywhere a financier who lived, as they are all commonly supposed to do, purely for the pleasure of amassing wealth. if such a being could be discovered he would probably be a lavish subscriber to peace societies, and would show a deep mistrust of diplomatists and politicians. footnotes: [footnote 4: quoted by the _financial news_ of september 28, 1915.] chapter vi the evils of international finance no one who writes of the evils of international finance runs any risk of being "gravelled for lack of matter." the theme is one that has been copiously developed, in a variety of keys by all sorts and conditions of composers. since philip the second of spain published his views on "financiering and unhallowed practices with bills of exchange," and illustrated them by repudiating his debts, there has been a chorus of opinion singing the same tune with variations, and describing the financier as a bloodsucker who makes nothing, and consumes an inordinate amount of the good things that are made by other people. it has already been shown that capital, saved by thrifty folk, is essential to industry as society is at present built and worked; and the financiers are the people who see to the management of these savings, their collection into the great reservoir of the money market, and their placing at the disposal of industry. it seems, therefore, that, though not immediately concerned with the making of anything, the financiers actually do work which is now necessary to the making of almost everything. railway managers do not make anything that can be touched or seen, but the power to move things from the place where they are grown or made, to the place where they are eaten or otherwise consumed or enjoyed, is so important that industry could not be carried on on its present scale without them; and that is only another way of saying that, if it had not been for the railway managers, a large number of us who at present do our best to enjoy life, could never have been born. financiers are, if possible, even more necessary, to the present structure of industry than railway men. if, then, there is this general prejudice against people who turn an all important wheel in the machinery of modern production, it must either be based on some popular delusion, or if there is any truth behind it, it must be due to the fact that the financiers do their work ill, or charge the community too much for it, or both. before we can examine this interesting problem on its merits, we have to get over one nasty puddle that lies at the beginning of it. much of the prejudice against financiers is based on, or connected with, anti-semitic feeling, that miserable relic of medieval barbarism. no candid examination of the views current about finance and financiers can shirk the fact that the common prejudice against jews is at the back of them; and the absurdity of this prejudice is a very fair measure of the validity of other current notions on the subject of financiers. the jews are, chiefly, and in general, what they have been made by the alleged christianity of the so-called christians among whom they have dwelt. an obvious example of their treatment in the good old days, is given by antonio's behaviour to shylock. antonio, of whom another character in the _merchant of venice_ says that- "a kinder gentleman treads not the earth," not only makes no attempt to deny that he has spat on the wicked shylock, and called him cut-throat dog, but remarks that he is quite likely to do so again. such was the behaviour towards jews of the princely venetian merchant, whom shakespeare was portraying as a model of all the virtues.[5] compare also, for a more modern example, kinglake in a note to chapter v of "eothen." "the jews of smyrna are poor, and having little merchandize of their own to dispose of, they are sadly importunate in offering their services as intermediaries; their troublesome conduct had led to the custom of beating them in the open streets. it is usual for europeans to carry long sticks with them, for the express purpose of keeping off the chosen people. i always felt ashamed to strike the poor fellows myself, but i confess to the amusement with which i witnessed the observance of this custom by other people." originally, as we see from the hebrew scriptures, a hardy race of shepherds, farmers, and warriors, they were forced into the business of finance by the canonical law which forbade christians to lend money at interest, and also by the persecution, robbery and risk of banishment to which christian prejudice made them always liable. for these reasons they had to have their belongings in a form in which they could at any moment be concealed from robbers, or packed up and carried off if their owners suddenly found themselves told to quit their homes. so they were practically compelled to traffic in coins and precious metals and jewellery, and in many places all other trades and professions were expressly forbidden to them. this traffic in coins and metals naturally led to the business of moneylending and finance, and the centuries of practice, imposed on them by christianity, have given them a skill in this trade, which is now the envy of christians who have in the meantime found out that there is nothing wicked about moneylending, when it is honestly done. at the same time these centuries of persecution have given the jews other qualities which we have more reason to envy than their skill in finance, such as their strong family affection and the steadfastness with which they stand by one another in all countries of the world. the fact of their being scattered over the face of the earth has given them added strength since finance became international. the great jew houses have relations and connections in every business centre, and so their power has been welded, by centuries of racial prejudice, into a weapon the strength of which it is easy for popular imagination to exaggerate. christendom forced the money power into the hands of this persecuted race, and now feels sorry when it sees that in an ordered and civilized society, in which it is no longer possible to roast an awkward creditor alive, money power is a formidable force. that a large part of this power is in the hands of a family party, scattered over all lands in which finance is possible, is another reason why, as i have already shown, international finance works for peace. the fact of the existence of the present war, however, shows that the limits of its power are soon reached, at times when the nations believe that their honour and safety can only be assured by bloodshed. a large part of the popular prejudice against financiers may thus be ascribed to anti-semitic feeling. we are still like the sailor who was found beating a jew as a protest against the crucifixion, and, when told that it had happened nearly two thousand years ago, said that he had only heard of it that morning. but, when we have purged our minds of this stupid prejudice, we are still faced by the fact that international finance is often an unclean business, bad both for the borrower and for the lender and profitable only to a horde of parasites in the borrowing country, and to those who handle the loan in the lending country, and get subscriptions to it from investors who are subsequently sorry that they put their eggs into a basket with no bottom to it. under ideal conditions our money is lent by us, through a first-rate and honourable finance house, to a country which makes honest use of it in developing its resources and increasing its power to make and grow things. the loan is taken out from england in the shape of goods and services required for the equipment of a young country, and the interest comes in every year in the shape of food and raw material that feeds us and helps our industry. such, it may be asserted with confidence, is the usual course of events, and must have been so, or england could not have been so greatly enriched by her moneylending operations abroad, and the productive power of the world could not have grown as it has, under the top-dressing that our finance and trade have given it. but though it is thus clear enough that the business must have been on the whole honestly and soundly worked, there have been some ugly stains on its past, and its recent history has not been quite free from unsavoury features. in 1875 public opinion was so deeply stirred by the manner in which english investors and borrowing states had suffered from the system by which the business of international finance was handled, that a select committee of the house of commons was "appointed to inquire into the circumstances attending the making of contracts for loans with certain foreign states and also the causes which have led to the non-payment of the principal moneys and interest due in respect of such loans." its report is a very interesting document, well worth the attention of those interested in the vagaries of human folly. it will astound the reader by reason of the wickedness of the waste of good capital involved, and at the same time it is a very pleasant proof of the progress that has been made in finance during the last half century. it is almost incredible that such things should have happened so lately. it is quite impossible that they could happen now. in 1867 the republic of honduras had been for forty years in default on its portion, amounting to £27,200, of a loan issued in london in 1825, for the federal states of central america. nevertheless it contracted with messrs. b---and g---for a loan of £1,000,000 to be issued in paris and london. the loan was to be secured on a railway, to be built, or begun, out of its proceeds, and by a first mortgage on all the domains and forests of the state. the government undertook to pay £140,000 annually for fifteen years, to meet interest on and redemption of the loan. as it had been forty years in default on a loan which only involved a charge of £1632, it is hard to imagine how the state could have entered into such a liability, or how any issuing house could have had the temerity to put it before the public. the public was the only party to the proceedings which showed any sense. don c---g----, representative of the honduras government in london, relates in the record of these events that he put before the committee, that "the first honduras loan in spite of all the advantages which it offered to subscribers" [issue price, 80, interest 10 per cent., sinking fund of 3 per cent, which would redeem the whole loan at par within 17 years] "and the high respectability of the house which managed the operation, was received by the public with perfect indifference, with profound contempt; and according to the deficient and vague information which reached the legation, there were hardly any other subscriptions than one of about £10,000 made by the firm of b----itself," don g----, however, seems to have slightly exaggerated the wisdom of the public; in any case the committee found that by june 30, 1868, by some means £48,000 of the loan was held by the public, and £952,000 was in possession of the representatives of the honduras government. on that day a mr. l---undertook to take over the government's holding at £68 12s. per bond, and pay current interest. a market was made, brokers were prevailed on to interest their friends in the security, and in two years' time the bonds were disposed of. the quotation was skilfully kept above the issue price and in november, 1868, it reached 94. the story of this loan is complicated by the fact that half of it was at the time alleged to have been placed in paris, but it appears, as far as one can disentangle fact from the twisted skein of the report, that the paris placing must have resulted much as did the first effort made in london, and that practically the whole of the bonds there issued came back into the hands of the representatives of honduras. at the end of the proceedings the whole amount of the loan seemed to have been disposed of in london, £631,000 having been sold to mr. l---and passed on by him by the means described above, £200,000 having been issued to railway contractors, £10,800 having been "drawn before issue and cancelled," while £49,500 was "issued in exchange for scrip," and £108,500 was taken on account of commission and expenses. the actual cash received on account of this loan appears, though the committee's figures are difficult to follow, to have come to just over half a million. out of the half million £16,850 went in cash commission, and £106,000 in interest and sinking fund, leaving about £380,000 for the railway contractors and the government. on this loan the committee observes that the commission paid, of £108,500 bonds, and £16,850 in cash was "greatly in excess of what is usually charged by contractors for loans." so far it was only a case of a thoroughly speculative transaction carried through by means of the usual accompaniments. a defaulting state believed to be possessed of great potential wealth, thought, or was induced to think, that by building a railway it could tap that wealth. the whole thing was a pure possibility. if the loan had been successfully placed at the issue price it would have sufficed to build the first section (fifty-three miles) of railway, and to leave something over for work in the mahogany forests. it is barely possible that in time the railway might have enabled the government to produce enough stuff out of its forests to meet the charges of the loan. but the possibility was so remote that the terms offered had to be so liberal that they frightened the public, which happened to be in a sensible mood, until it was induced to buy by the creation of a market on the stock exchange; the employment of intermediaries on disastrous terms, and finally default, as soon as the loan charge could no longer be paid out of the proceeds of the loan, completed the tale. in may, 1869, the minister for honduras in paris, m. h----, "took steps" to issue a loan for 62,250,060 francs, or £2,490,000. out of it a small sum (about £62,000) was paid to the railway contractors in london, but little of it seems to have been genuinely placed, since, when the franco-german war broke out in july, 1870, m. h---sent 2,500,000 francs in cash (£100,000), and 39,000,000 francs in bonds, to messrs. b---and g---in london. messrs. b---and others made an agreement with mr. c. l----, presumably the gentleman who had taken over and dealt with the unplaced balance of the first london loan. by its terms the net price to be paid by him for each 300 francs (£12) bond issued originally at 225 francs (£9), was 124 francs (not quite £5). he succeeded in selling bonds enough to realize £408,460, and he, together with messrs. b---and g----, received £51,852 in commission for so doing. in the spring of 1870, the honduras government, still hankering after its railway and the wealth that it was to open up, determined to try again with another loan. something had to be done to encourage investors to take it. a few days before the prospectus appeared a statement was published in a london newspaper to the effect that two ships had arrived in the west india docks from truxillo (honduras) with cargoes of mahogany and fustic consigned to messrs. b---and g----on account of the honduras railway loan, and that two others were loading at truxillo with similar cargoes on the same account. these cargoes had not been cut by the honduras government. it had bought them from timber merchants, and they were found to be of most inferior quality. in the opinion of the committee "the purchase of these cargoes and the announcement of their arrival in the form above referred to, were intended to induce, and did induce, the public to believe that the hypothecated forests were providing means for paying the interest upon the loan." with the help of this fraud, and with a free and extensive market made on the stock exchange, the 1870 honduras 10 per cent. loan for £2,500,000 nominal was successfully issued at 80. it also had a sinking fund of 3 per cent., which was to pay it off in fifteen years. mr. l---again handled the operation, having taken over the contract from messrs. b---and g----. but the success of the issue was more than hollow. it was empty. for mr. l----, in the process of making the market to promote it, had bought nearly the whole loan. applicants had evidently sold nearly as fast as they applied; for on the 15th december, when the last instalment was to be paid, less than £200,000 bonds remained in the hands of the public. nevertheless by october, 1872, nearly the whole of the loan had been somehow disposed of to investors or speculators. one of the means taken to stimulate the demand for them was the announcement of extra drawings of bonds at par, over and above the operation of the 3 per cent, sinking fund, provided by the prospectus. there is no need to linger over the complicated details of this sordid story. the committee's report sums up, as follows, the net results of the 1869 and 1870 loans of honduras:-"in tracing the disposal of the proceeds of the 1869 and 1870 loans, it must be remembered that your committee had no evidence before them relating to the funds resulting from three-fifths of the loan of 1869; only two-fifths of the loan was realized in this country, the remainder was disposed of in paris before august, 1870, and no account of the application of the funds resulting from such portion of the loan could be obtained. "the two-fifths of the 1869 loan, and the whole of the loan of 1870, produced net £2,051,511; out of this sum only £145,254 has been paid to the railway contractors; a sum of £923,184 would have been sufficient to discharge the interest and sinking fund in respect of the issued bonds of the three loans, yet the trustees ... paid to mr. l----£1,339,752 or £416,568 beyond the sum so required to be paid upon the issued bonds of the loans. "there was paid to him for commissions (apart from expenses) on the three loans, out of the above proceeds, the sum of £216,852. he also received out of the same proceeds £41,090, being the difference between £370,000 cash paid to him by the trustees and £328,910 scrip returned by him to them. this £41,090 probably represents the premiums paid on the purchase of the scrip before or immediately after the allotment of the loan, and was certainly a misapplication of the proceeds of the loan. "mr. l---was also paid, out of these proceeds, a further sum of £57,318, nearly the whole of which seems to be a payment in discharge of an allowance of £8 per bond in respect of the dealings in the 1867 loan.... in addition ... it will be remembered that mr. l---received £50,000 'to maintain the credit of honduras.' "he also on the 18th of june, 1872, obtained £173,570 by delivering to the trustees ... 5042 bonds of the 1870 loan, at £75 per bond and 33,000 bonds of the 1869 loan at 104 francs per bond, and retaking them at the same time from the trustees at £50 and 104 francs per bond respectively. mr. l---had contracted to pay for these bonds and they had been issued to him at the prices of £75 and 104 francs respectively, and the remission in the price therefore amounted to a gift to him of £173,570 ... out of this portion of the loan of 1869, and the loan of 1870, mr. l----has received in cash, or by the remission of his contracts, £955,398." it is little wonder that honduras has been in default on these loans ever since. in its report the committee commented severely on the action of don c---g----, the london representative of the republic. "he sanctioned," it says, "stock exchange dealings and speculations in the loans which no minister should have sanctioned. he was a party to the purchase of the mahogany cargoes, and permitted the public to be misled by the announcements in relation to them. by express contract he authorized the 'additional drawings.' he assisted mr. l---to appropriate to himself large sums out of the proceeds of the loans to which he was not entitled." very likely he had not a notion as to what the whole thing meant, and only thought that he was doing his best to finance his country along the road to wealth. but the fact remains that by these actions he made his government a party to the proceedings that were so unfortunate for it and so ruinous to the holders of its bonds. after its examination of these and other less sensational but equally disastrous issues the committee made various recommendations, chiefly in the direction of greater publicity in prospectuses, and ended by expressing their conviction that "the best security against the recurrence of such evils as they have above described will be found, not so much in legislative enactments, as in the enlightenment of the public as to their real nature and origin." if the scandals and losses involved by loan issues were always on this gargantuan scale, there would be little difficulty about disposing of them, both on economic and moral grounds, and showing that there is, and can be, only one side to the problem. but when it is only a question, not of fraud on a great scale but of a certain amount of underhand business, such as is quite usual in some latitudes, and a certain amount of doubt as to the use that is likely to be made by the borrower of the money placed at its disposal, it is not so easy to feel sure about the duty of an issuing house in handling foreign loans. at a point, in fact, the question becomes full of subtleties and casuistical difficulties. for instance, let us suppose that an emissary of the republic of barataria approaches a london issuing house and intimates that it wants a loan for 3 millions sterling, to be spent half in increasing the republic's navy, and half in covering a deficit in its budget, and that he, the said emissary, has full power to treat for the loan, and that a commission of 2 per cent. is to be paid to him by the issuing house, which can have the loan at a price that will easily enable it to pay this commission. that is to say, we will suppose that the republic will take 85 for the price of its bonds, which are to carry 5 per cent. interest, to be secured by a lien on the customs receipts, and to be redeemed in thirty years' time by a cumulative sinking fund working by annual drawings at par, or by purchase in the market if the bonds can be bought below par. if the republic's existing 5 per cent. bonds stand, let us say, at 98 in the market, this gives the issuing house a good prospect of being able to sell the new ones easily at 95, and so it has a 10 per cent. margin out of which to pay stamps, underwriting and other expenses, and commission to the intermediary who brought the proposal, and to keep a big profit to themselves. from the point of view of their own immediate interest there is every reason why they should close with the bargain, especially if we assume that the republic is fairly rich and prosperous, and that there is little fear that its creditors will be left in the lurch by default. from the point of view of national interest there is also much to be said for concluding the transaction. we may, with very good ground, assume that it would also be intimated to the issuing house that a group of continental financiers was very willing to take the business up, that it had only been offered to it owing to old standing relations between it and the republic, and that, if it did not wish to do the business, the loan would readily be raised in paris or berlin. by refusing, the london firm would thus prevent all the profit made by the operation from coming to england instead of to a foreign centre. but there is much more behind. for we have seen that finance and trade go hand-in-hand, and that when loan-houses in the city make advances to foreign countries, the hives of industry in the north are likely to be busy. it has not been usual here to make any express stipulation to the effect that the money, or part of it, raised by a loan is to be spent in england, but it is clear that when a nation borrows in england it is thereby predisposed to giving orders to english industry for goods that it proposes to buy. and even if it does not do so, the mere fact that england promises, by making the loan, to hand over so much money, in effect obliges her to sell goods or services valued at that amount as was shown on an earlier page.[6] on the continent, this stipulation is usual. so that the issuing house would know that, if they make the loan, it is likely that english shipbuilders will get the orders on which part of it is to be spent, and that in any case english industry in one form or another will be drawn on to supply goods or services to somebody; whereas if they refuse the business it is certain that the industrial work involved will be lost to england. on the other side of the account there are plenty of good reasons against the business. in the first place the terms offered are so onerous to the borrower that it may safely be said that no respectable issuing house in london would look at them. in effect the republic would be paying nearly 6 per cent, on the money, if it sold its 5 per cent. bonds at 85, and the state of its credit, as expressed by the price of its bonds in the market, would not justify such a rate. the profit offered to the issuing house is too big, and the commission demanded by the intermediary is so large that it plainly points to evil practices in barataria. it means that interested parties have made underhand arrangements with the finance minister, and that the republic is going to be plundered, not in the fine full-flavoured style that ruled in earlier generations, but to an extent that makes the business too disreputable to handle. any honourable english house would consider that the terms offered to itself and the conditions proposed by the emissary were such that the operation was suspicious, and that being mixed up with suspicious business was a luxury that it preferred to leave alone. on other grounds the loan, well secured as it seems to be, is not of a kind to be encouraged. we have supposed its purpose to be, firstly, to meet a deficit in a budget, and secondly, to pay for naval expansion. neither of these objects is going to improve the financial position of the republic. covering a deficit by loan is bad finance in any case, but especially so when the loan is raised abroad. in the latter case it is most likely that the borrowing state is outrunning the constable, by importing more goods than it can pay for out of current production. if it imports for the purpose of increasing its productive power by buying such things as railway material, then it is making a perfectly legitimate use of its credit, as long as the money is well spent, and the railways are honestly built, with a prospect of opening up good country, and are not put into the wrong place for political or other reasons. but if this were so, the money would not be wanted to balance a budget, but on railway capital account. when a balance has to be filled by borrowing it can only mean that the state has spent more than its revenue from taxes permits, and that it is afraid to cut down its expenses by retrenchment or to increase its revenue by taxing more highly. and so it chooses the primrose path of dalliance with a moneylender. as to naval expenditure, here again we have bad finance writ large over the proposal. it is not good business for countries to borrow in order to increase their armies and navies in time of peace, and the practice is especially objectionable when the loan is raised abroad. in time of war, when expenditure has to be so great and so rapid, that the taxpayers could not be expected to have it all taken out of their pockets by the tax-gatherer, there is some excuse for borrowing for naval and military needs; though even in time of war, if we could imagine an ideal state, with every citizen truly patriotic, and properly educated in economics and finance, and with wealth so fairly distributed and taxation so fairly imposed that there would be no possibility of any feeling of grievance and irritation among any class of taxpayers, it would probably decide that the simplest and most honest way of financing war is to do so wholly out of taxation. in time of peace, borrowing for expenditure on defence simply means that the cost of a need of to-day is met by someone who is hired to meet it, by a promise of interest and repayment, the provision of which is passed on to the citizens of to-morrow. it is always urged, of course, that the citizens of to-morrow are as deeply interested in the defence of the realm that they are to inherit as those of to-day, but that argument ignores the obvious fact that to-morrow will bring its own problems of defence with it, which seem likely to be at least as costly as those of the present day. another objection to lending economically backward countries money to be invested in ships, is that we thereby encourage them to engage in shipbuilding rivalry, and to join in that race for aggressive power which has laid so sore a burden on the older peoples. the business is also complicated by the unpleasant activities of the armament firms of all countries, which are said to expend much ingenuity in inducing the governments of the backward peoples to indulge in the luxury of battleships. here, again, there is no need to paint too lurid a picture. the armament firms are manufacturers with an article to sell, which is important to the existence of any nation with a seaboard; and they are entirely justified in legitimate endeavours to push their wares. the fact that the armament firms of england, germany, and france had certain interests in common, is often used as a text for sermons on the subject of the unpatriotic cynicism of international finance. it is easy to paint them as a ring of cold-blooded devils trying to stimulate bloodthirsty feeling between the nations so that there may be a good market for weapons of destruction. from their point of view, they are providers of engines of defence which they make, in the first place, for the use of their own country, and are ready to supply also, in time of peace, to other nations in order that their plant may be kept running, and the cost of production may be kept low. this is one of the matters on which public opinion may have something to say when the war is over. in the meantime it may be noted that unsavoury scandals have occasionally arisen in connection with the placing of battleship orders, and that this is another reason why a loan to finance them is likely to have an unpleasant flavour in the nostrils of the fastidious. but if we admit the very worst that the most searching critic of international finance can allege against the proposal that we imagine to be put forward by the republic of barataria--if we admit that a loan to balance a deficit and pay for ships probably implies wastefulness, corruption, political rottenness, impecunious chauvinism and all the rest of it, the question still arises whether it is the business of an issuing house to refuse the chance of doing good business for itself and for the london money-market, because it has reason to believe that the money lent will not be well spent. in the case supposed, we have seen that the terms offered and the commission to be made by the intermediary were such that the latter would have been shown the door. but if these matters had been satisfactory, ought the proposal to have been rejected because the loan was to be raised for unproductive purposes? in other words, is it the business of an issuing house to take care of the economic morals of its clients, or is it merely concerned to see that the securities which it offers to the public are well secured? in ordinary life, and in the relations between moneylender and borrower at home, no such question could be asked. if i went to my banker and asked for a loan and gave him security that he thought good enough, it would not occur to him to ask what i was going to do with the money--whether i was going to use it in a way that would increase my earning capacity, or on building myself a billiard room and a conservatory, or on a visit to monte carlo. he would only be concerned with making sure that any of his depositors' money that he lent to me would be repaid in due course, and the manner in which i used or abused the funds lent to me would be a question in which i only was concerned. if it is the business of an international finance house to be more careful about the use to which money that it lends on behalf of clients is put, why should this be so? there are several reasons. first, because if the borrower does not see fit to pay interest on the loan or repay it when it falls due, there is no process of law by which the lender can recover. if i borrow from my banker and then default on my debt, he can put me in the bankruptcy court, and sell me up. probably he will have protected himself by making me pledge securities that he can seize if i do not pay, a safeguard which cannot be had in the case of international borrowing; but if these securities are found to be of too little value to make the debt good, everything else that i own can be attached by him. the international moneylender, on the other hand, if his debtor defaults may, if he is lucky, induce his government to bring diplomatic pressure to bear, for whatever that may be worth. if there is a political purpose to be served, as in egypt, he may even find himself used as an excuse for armed intervention, in the course of which his claims will be supported, and made good. in many cases, however, he and the bondholders who subscribed to his issue simply have to say goodbye to their money, with the best grace that they can muster, in the absence of any law by which a lender can recover moneys advanced to a sovereign state. with this essential difference in the conditions under which a banker lends his depositors' money to a local customer, and those under which an international house lends its clients' money to a borrowing country, it follows that the responsible party in the latter case ought to exercise very much more care to see that the money is well spent. in the second place, the customers to whom bankers, in economically civilized lands, lend the money entrusted to them, may fairly be presumed to know something about the use and abuse of money and to be able to take care of themselves. if they borrow money, and then waste it or spend it in riotous living, they know that they will presently impoverish themselves, and that they will be the sufferers. but in the case of a young country, with all its financial experience yet unbought, there is little or no reason for supposing that its rulers are aware that they cannot eat their cake and have it. they probably think that by borrowing to meet a deficit or to build a dreadnought they are doing something quite clever, dipping their hands into a horn of plenty that a kindly providence has designed for their behoof, and that the loan will somehow, some day, get itself paid without any trouble to anybody. moreover, if they are troubled with any forebodings, the voice of common sense is likely to be hushed by the reflection that they personally will not be the sufferers, but the great body of taxpayers, or in the case of actual default, the deluded bondholders; and that in any case, the trouble caused by over-borrowing and bad spending is not likely to come to a head for some years. its first effect is a flush of fictitious prosperity which makes everybody happy and enhances the reputation of the ministers who have arranged it. when, years after, the evil seed sown has brought to light its crops of tares, it is very unlikely that the chain of cause and effect will be recognized by its victims, who are much more likely to lay the bad harvest to the door not of the bad financier who sowed it, but of some innocent and perhaps wholly virtuous successor, merely because it was during his term of office that the crop was garnered. so many are the inducements offered to young states, with ignorant or evil (or both) rulers at their head, to abuse the facilities given them by international finance, that there is all the more reason why those who hold the strings of its purse should exercise very great caution in allowing them to dip into it. there is yet another reason why the attitude of an issuing house, to a borrowing state, should be paternal or even grand-motherly, as compared with the purely business-like attitude of a banker to a local borrower. if the bank makes a bad debt, it has to make it good to its depositors at the expense of its shareholders. it diminishes the amount that can be paid in dividends and so the bank is actually out of pocket. the international financier is in quite a different position. if he arranges a loan for barataria, he takes his profit on the transaction, sells the bonds to investors, or to the underwriters if investors do not apply, and is, from the purely business point of view, quit of the whole operation. he still remains responsible for receiving from the state, and paying to the bondholders, the sum due each half year in interest, and for seeing to the redemption of the bonds by the operation of the sinking fund, if any. but if anything goes wrong with the interest or sinking fund he is not liable to the bondholders, as the bank is liable to its depositors. they have got their bonds, and if the bonds are in default they have made a bad debt and not the issuing house, unless, as is unlikely, it has kept any of them in its own hands. but this absence of any legal liability on the part of the issuing house imposes on it a very strong moral obligation, which is fully recognized by the best of them. just because the bondholders have no right of action against it, unless it can be shown that it issued a prospectus containing incorrect statements, it is all the more bound to see that their money shall not be imperilled by any action of its own. it knows that a firm with a good reputation as an international finance house has only to put its name to an issue, and a large number of investors, who have neither the education nor the knowledge required to form a judgment on its merits, will send in subscriptions for the bonds on the strength of the name of the issuing house. this fact makes it an obvious duty on the part of the latter to see that this trust is deserved. moreover, it would obviously be bad business on their part to neglect this duty. for a good reputation as an issuing house takes years to build up, and is very easily shaken by any mistake, or even by any accident, which could not have been foreseen but yet brings a loan that it has handled into the list of doubtful payers. mr. brailsford, indeed, asserts that it may be to the advantage of bondholders to be faced by default on the part of their debtors. it may be so in those rare cases in which they can get reparation and increased security, as in the case of our seizure of egypt. but in nine cases out of ten, as is shown by the plaintive story told by the yearly reports of the council of foreign bondholders, default means loss and a shock to confidence, even if only temporary, and is generally followed by a composition involving a permanent reduction in debt and interest. investors who have suffered these unpleasantnesses are likely to remember them for many a long year, and to remember also the name of the issuing house which fathered the loan that was the cause of the trouble. there are thus many good reasons why it is the business of a careful issuing firm to see not only that any loan that it offers is well secured, but also that it is to be spent on objects that will not impair the productive capacity of the borrowing country by leading it down the path of extravagance, but will improve it by developing its resources or increasing its power to move its products. on the other hand, the temptation to undertake bad business on behalf of an importunate borrower is great. the profits are considerable for the issuing house and for all their followers in the city. the indirect advantages, in the way of trade orders, conferred on the lending country, are also profitable, and there is always the fear that if london firms take too austere a view of what is good business for them and the borrowing countries, the more accommodating loan-mongers of foreign centres may reap the benefit, and leave them with empty pockets and the somewhat chilly comfort conferred by the consciousness of a high ideal in finance. one of the most unsatisfactory features about the monetary arrangements of society, as at present constituted, is the fact that the reward of effort is so often greater with every degree of evil involved by the effort. and to some extent this is true in finance. just as big fortunes are made by the cheap-jacks who stuff the stomachs of an ignorant public with patent medicines, while doctors slave patiently for a pittance on the unsavoury task of keeping overfed people in health; just as milton got £5 for "paradise lost," while certain modern novelists are rewarded with thousands of pounds for writing romances which would never be printed in a really educated community; so in finance the more questionable--up to a certain point--be the security to be handled, the greater are the profits of the issuing house, the larger the commissions of the underwriters and brokers, and the larger are the amounts paid to the newspapers for advertising. as has already been observed, that part of the city that lives on handling new issues has been half starved since the war began, because its activities have been practically confined to loans issued by the british government. these loans have been huge in amount but there has been no underwriting, and brokerages are cut to the bone. advertising for the second war loan was on a great scale, but in proportion to the amount subscribed the cost of it was probably small, according to the ideals that ruled before the war. a colonial loan, or a first-class american railroad bond, almost places itself, and the profits on the issue to all who handle it are proportionately low. the more questionable the security, the more it has to pay for its footing, and the higher are the profits of those who father it and assist the process of delivery, as long, that is, as the birth is successfully accomplished. if there is failure, partial or complete, then the task of holding the baby is longer and more uncomfortable, the more puny and unattractive it is. if, owing to some accident in the monetary atmosphere, a colonial loan does not go off well, the underwriters who find themselves saddled with it, can easily borrow on it, in normal times, and know that sooner or later trustees and other real investors will take it off their hands. but if it is an issue of some minor european power, or of some not too opulent south american state, that is coldly received by the investing public, bankers will want a big margin before they accept it as security for an advance, and it may take years to find a home for it in the strong boxes of real investors, and then perhaps only at a price that will leave the underwriters, like sir andrew aguecheek, "a foul way out." there is thus a logical reason for the higher profits attached to the more questionable issues, and this reason is found in the greater risk attached, if failure should ensue. thus we arrive at the reply to those who criticize international finance on the ground that it puts too big profits into the pockets of those who handle it. if the profits are big, it is only in the case of loan issues which carry with them a considerable risk to the reputation of the fathering firm, and to the pockets of the underwriters, and involve a responsibility, and in the case of default, an amount of wholly unpaid work and anxiety for which the big profits made on the opening proceedings do not nearly compensate. as in the case of the big gains made by patent pill merchants, and bad novelists, it is the public, which is so fond of grumbling because other people make fortunes out of it, that is really responsible for their doing so, by reason of its own greed and stupidity. because it will not take the trouble to find out how to spend or invest its money, it asks those who are clever enough to batten on its foibles, to sell it bad stuff and bad securities, and then feels hurt because it has a pain in its inside, or a worthless bond at its banker's, while the producers thereof are founding county families. if the public would learn the a b c of investment, and also learn that there is an essential difference between investment and speculation, that they will not blend easily but are likely to spoil one another if one tries to mix them, then the whole business of loan issuing and company promotion would be on a sounder basis, with less risk to those who handle it, and less temptation to them to try for big profits out of bad ventures. but as long as "the fool multitude that choose by show" give more attention to the size of an advertisement than to the merits of the security that it offers, the profits of those who cater for its weaknesses will wax fat. when all has been said that can be urged against the record of international finance, the fact remains that from the purely material point of view it has done a great work in increasing the wealth of mankind. it is true that capital has often been wasted by being lent to corrupt or improvident borrowers for purposes which were either objectionable in themselves, or which ought to have been financed, if at all, out of current revenue. it is true, also, that crimes have been committed, as in the case of the putumayo horrors, when the money of english shareholders has been invested in the exploitation of helpless natives, accompanied by circumstances of atrocious barbarity. nevertheless if we compare the record of finance with that of religion or international politics, it stands out as by far the cleanest of the influences that have worked upon the mutual relations of the various groups of mankind. international finance makes a series of bargains between one nation and another, for the mutual benefit of each, complicated by occasional blunders, some robbery, and, in exceptional cases, horrible brutality. religion has stained history with the most ruthless massacres, and the most unspeakable ingenuity in torture, all devised for the glory of god, and the furtherance of what its devotees believed to be his word. international politics have plunged mankind into a series of bloody and destructive wars, culminating in the present cataclysm. finance can only prosper through production; its efforts are inevitably failures, if they do not tend to the growing and making of things, or the production of services, that are wanted. destruction, reduced to a fine art and embellished by the nicest ingenuities of the most carefully applied science, is the weapon of international politics. _note_.--the names of the actors in the honduras drama were printed in blank because it seemed unfair to do otherwise, in revising fifty years' old scandals, as an example of what international finance can do at its worst. footnotes: [footnote 5: _merchant of venice_, i, 3.] [footnote 6: pages 75, 76. (note: see chapter iv, "in the beginnings of international trade...")] chapter vii nationalism and finance so far we have considered the working of international finance chiefly from the point of view of its effects upon the prosperity and comfort of mankind as a whole and on this country, as the greatest trader, carrier, and financier of the world. we have seen that the benefit that it works is wrought chiefly through specialization, that is, through the production of the good things of the earth in the lands best fitted, by climate or otherwise, to grow and make them. by lending money to other lands, and the goods and service that they have bought with it, we have helped them to produce things for us to consume, or to work up into other things for our consumption or that of other peoples. thereby we have enriched ourselves and the rest of mankind. but the question still arises whether this process is one that should be left altogether unchecked, or whether it involves evils which go far to modify its benefits. in other words is it a good thing for us, socially and politically, to enrich ourselves beyond a certain point by a process which involves our dependence on other countries for food and raw material? analogy between a state and a man is often useful, if not pushed too far. the original man in a primitive state is always assumed to have been bound to find or make everything that he wanted by his own exertions. he was hut builder, hunter, cultivator, bow-maker, arrow-maker, trapper, fisherman, boat-builder, leather-dresser, tailor, fighter--a wonderfully versatile and self-sufficient person. as the process grew up of specialization, and the exchange of goods and services, all the things that were needed by man were made much better and more cheaply, but this was only brought about at the expense of each man's versatility. nowadays we can all of us do something very much better than the primitive savage, but we cannot do everything nearly as well. we have become little insignificant wheels in a mighty great machine that feeds us and clothes us and provides us with comforts and luxuries of which he could never have dreamt. he was the whole of his machine, and was thereby a far more completely developed man. the modern millionaire, in spite of his enormous indirect power over the forces of nature, is a puny and ineffective being by the side of his savage ancestor, in the matter of power to take care of himself with his own hands and feet and eyes, and with weapons made by his own ingenuity and cunning. moreover, though in the case of the millionaire and of all the comparatively well-to-do classes we can point to great intellectual and artistic advantages, and many pleasant amenities of life now enjoyed by them, thanks to the process of specialization, these advantages can only be enjoyed to the full by comparatively few. to the majority specialization has brought a life of mechanical and monotonous toil, with little or none of the pride in a job well done, such as was enjoyed by the savage when he had made his bow or caught his fish; those who work all day on some minute process necessary, among many others, to the turning out of a pin, can never feel the full joy of achievement such as is gained by a man who has made the whole of anything. pins are made much faster, but some of the men who make them remain machines, and never become men at all in the real sense of the word. and when at the same time the circumstances of their lives, apart from their work, are all that they should not be--bad food, bad clothes, bad education, bad houses, foul atmosphere and dingy and sordid surroundings, it is very obvious that to a large part of working mankind, the benefits of the much vaunted division of labour have been accompanied by very serious drawbacks. the best that can be said is that if it had not been for the division of labour a large number of them could never have come into existence at all; and the question remains whether any sort of existence is better than none. in the case of a nation the process of specialization has not, for obvious reasons, gone nearly so far. every country does a certain amount of farming and of seafaring (if it has a seaboard), and of manufacturing. but the tendency has been towards increasing specialization, and the last results of specialization, if carried to its logical end, are not nice to forecast. "it is not pleasant," wrote a distinguished statistician, "to contemplate england as one vast factory, an enlarged manchester, manufacturing in semi-darkness, continual uproar and at an intense pressure for the rest of the world. nor would the continent of america, divided into square, numbered fields, and cultivated from a central station by electricity, be an ennobling spectacle."[7] it need not be said that the horrible consequences of specialization depicted by dr. bowley need not necessarily have happened, even if its effects has been given free play. but the interesting point about his picture, at the present moment, is the fact that it was drawn from the purely economic and social point of view. he questioned whether it was really to the advantage of a nation, regarding only its own comfort and well-being, to allow specialization to go beyond a certain point. it had already arrived at a point at which land was going out of cultivation in england, and was being more and more regarded as a park, pleasure ground and sporting place for people who made, or whose forbears had made, fortunes out of commerce and finance, and less and less as a means for supplying food for our workers, and raw material for our industries. the country workers were going to the new countries that our capital was opening up, or into the towns to learn industrial crafts, or taking services as gamekeepers, grooms or chauffeurs, with the well-to-do classes who earned their profits from industry or business. even before the war there was a growing scarcity of labour to grow, and harvest, even the lessened volume of our agricultural output. dr. bowley's picture was far from being realized and even if the process of specialization had gone on, it may be hoped that we should have had sense enough to avoid the blackest of its horrors. then came the war, which went far to undermine the great underlying assumption on which the free interchange of capital among nations and the consequent specialization that proceeded from it, was taken to be a safe and sound policy. this assumption was in effect, that the world was civilized to a point at which there was no need to fear that its whole economic arrangements would be upset by war. we now know that the world was not civilized to this point, and is a very long way from being so, that the ultimate appeal is still to "arms and the man," and that we have still to be careful to see that our trade and industry are carried on in such a way as to be least likely to be hurt if ploughshares have suddenly to be beaten into swords. at first sight, this is a somewhat tragical discovery, but it carries with it certain consolations. if the apparent civilization evolved by the nineteenth century had been good and wholesome, it might have been really sad to find that it was only a thin veneer laid over a structure that man's primitive passions might at any moment overturn. in fact, the apparently achieved civilization was so grossly material in its successes, so forcibly feeble in its failures, so beset with vulgarity at its summit and undermined by destitution at its base, that even the horrors of the present war, with its appalling loss of the best lives of the chief nations of the earth, may be a blessing to mankind in the long run if they purge its notions about the things that are worth trying for. at least the war is teaching us that the wealth of a nation is not a pile of commodities to be frittered away in vulgar ostentation and stupid self-indulgence, but the number of its citizens who are able and ready to play the man as workers or fighters when a time of trial comes. "national prosperity," says cobbett, "shows itself ... in the plentiful meal, the comfortable dwelling, the decent furniture and dress, the healthy and happy countenances, and the good morals of the labouring classes of the people." so he wrote, in newgate gaol, in 1810.[8] since then many reformers have preached the same sound doctrine, but its application has made poor progress, in relation to the growth of our riches in the same period. if we now decide to put it into practice, we shall not long tolerate the existence in our midst of disease and destitution, and a system of distribution of the world's goods which gives millions of our population no chance of full development. we need not, then, stay to shed tears over the civilization, such as it was, which we thought we had and had not. its good points will endure, for evil has a comfortable habit of killing itself and those who work it. all that we are concerned with at this moment is the fact that its downfall has shaken an article in our economic faith which taught us that specialization was a cause of so much more good than evil, that its development by the free spreading of our capital all over the world, wherever the demand for it gave most profit to the owner, was a tendency to be encouraged, or at least to be left free to work out its will. this was true enough to be a platitude as long as we could rely on peace. our capital went forth and fertilized the world, and out of its growing produce the world enriched us. as the world developed its productive power, its goods poured into us, as the great free mart where all men were welcome to sell their wares. these goods came in exchange for our goods and services, and the more we bought the more we sold. when other nations took to dealing direct with one another, they wanted our capital to finance the business, and our ships to carry the goods. the world as a whole could not grow in wealth without enriching the people that was the greatest buyer and seller, the greatest moneylender and the greatest carrier. it was all quite sound, apart from the danger depicted by dr. bowley, as long as we had peace, or as long as the wars that happened were sufficiently restricted in their area and effect. but now we have seen that war may happen on such a scale as to make the interchange of products between nations a source of grave weakness to those who practise it, if it means that they are thereby in danger of finding themselves at war with the providers of things that they need for subsistence or for defence. another lesson that the war has taught us is that modern warfare enormously increases the cost of carriage by sea, because it shuts up in neutral harbours the merchant ships of the powers that are weaker on the sea, and makes huge calls, for transport purposes, on those of the powers which are in the ascendant on the water. this increase in the cost of sea carriage adds to the cost of all goods that come by sea, and is a particularly important item in the bill that we, as an island people, have to pay for the luxury of war. it is true that much of the high price of freight goes into the pockets of our shipowners, but they, being busy with transport work for the government, cannot take nearly so much advantage of it as the shipmasters of neutral countries. the economic argument, then, that it pays best to make and grow things where they can best be made and grown remains just as true as ever it was, but it has been complicated by a political objection that if one happens to go to war with a nation that has supplied raw material, or half-raw material, for industries that are essential to our commercial if not to our actual existence, the good profits made in time of peace are likely to be wiped out, or worse, by the extent of the inconvenience and paralysis that this dependence brings with it in time of war. and even if we are not at war with our providers, the greater danger and cost of carriage by sea, when war is afoot, makes us question the advantage of the process, for example, by which we have developed a foreign dairying industry with our capital, and learnt to depend on it for a large part of our supply of eggs and butter, while at home we have seen a great magnate lay waste farms in order to make fruitful land into a wilderness for himself and his deer. it may have paid us to let this be done if we were sure of peace, but now that we have seen what modern warfare means, when it breaks out on a big scale, we may surely begin to think that people who make bracken grow in place of wheat, in order to improve what auctioneers call the amenities of their rural residences, are putting their personal gratification first in a question which is of national importance. we may seem to have strayed far from the problems of international finance and the free interchange of capital between countries, but in fact we are in the very middle of them, because they are so complicated and diverse that they affect nearly every aspect of our national lives. by sending capital abroad we make other countries produce for us and so we help a tendency by which we grow less at home, and export coupons, or demands for interest, instead of the present produce of our brains and muscles; and we do much more than that, for we thereby encourage the best of our workers to leave our shores and seek their fortunes in the new lands which our capital opens up. when we export capital it goes in the shape of goods and services, and it is followed by an export of men, who go to lands where land is plentiful and cheap, and men are scarce and well paid. this process again was sound enough from the purely economic point of view. it quickened the growth of the world's wealth by putting men of enterprise in places where their work was most handsomely rewarded, and their lives were unhampered by the many bars to success that remnants of feudalism and social restrictions put in their way in old countries; and it cleared the home labour market and so helped the workers in their uphill struggle for better conditions and a chance of a real life. but when the guns begin to shoot, the question must arise whether we were wise in leaving the export of capital, which has such great and complicated effects, entirely to the influence of the higgling of the market, and the price offered by the highest bidder. much will evidently depend on the way in which the present war ends. if it should prove to be, as so many hoped at its beginning, a "war to end war," and should be followed by a peace so well and truly founded that we need have no fear for its destruction, then there will be much to be said for leaving economic forces to work themselves out by economic means, subject to any checks that their social effects may make necessary. but if, as seems to be probable, the war ends in a way that makes other such wars quite possible, when we have all recovered from the exhaustion and disgust produced by the present one, then political expediency may overrule economic advantage, and we may find it necessary to consider the policy of restricting the export of british capital to countries with which there is no chance of our ever being at war, and especially to our own dominions oversea, not necessarily by prohibitions and hard and fast rules, but rather by seeing that the countries to which it is desirable for our capital to go may have some advantage when they appeal for it. this advantage our own colonial dominions already possess, both from the sentiment of investors, which is a strong influence in their favour, and will be stronger than ever after the war, and from legal enactment which allows trustees to invest trust funds in their loans. probably the safest course would be to leave sentiment to settle the matter, and pray to providence to give us sensible sentiments. actual restraints on the export of capital would be very difficult to enforce, for capital is an elusive commodity that cannot be stopped at the customs houses. if we lent money to a friendly nation, and our friend was thereby enabled to lend to a likely foe, we should not have mended matters. the time is not yet ripe for a full discussion of this difficult and complicated question, and it is above all important that we should not jump to hasty conclusions about it while under the influence of the feverish state of mind produced by war. the war has shown us that our wealth was a sure and trusty weapon, and much of the strength of this weapon we owe to our activity in international finance. footnotes: [footnote 7: "england's foreign trade in the nineteenth century," p, 16, by dr. a.l. bowley.] [footnote 8: "paper against gold," letter iii.] chapter viii remedies and regulations apart from the political measures which may be found necessary for the regulation, after the war, of international finance, it remains to consider what can be done to amend the evils from which it suffers, and likewise what, if anything, can be done to strengthen our financial weapon, and sharpen its edge to help us in the difficult fight that will follow the present war, however it may end. it has been shown in a previous chapter that the real weaknesses in the system of international finance arise from the bad use made of its facilities by improvident and corrupt borrowers, and from the bigger profits attached, in the case of success, to the more questionable kinds of issues. with regard to the latter point it was also shown that these bigger profits may be, to a great extent, justified by the fact that the risk involved is much greater; since in the case of failure a weak security is much more difficult to finance and find a home for than a good one. it may further be asked why weak securities should be brought out at all and whether it is not the business of financial experts to see that nothing but the most water-tight issues are offered to the public. such a question evidently answers itself, for if only those borrowers were allowed to come into the market whose credit was beyond doubt, the growth of young communities and of budding enterprises would be strangled and the forward movement of material progress would be seriously checked. it is sometimes contended that much more might be done by the stock exchange committee in taking measures to see that the securities to which it grants quotations and settlements are soundly based. if this view is to prevail, its victory has been greatly helped by the events of the war, during which the stock exchange has seen itself regulated and controlled by outside authority to such an extent that it would be much readier than it was two years ago to submit to regulations imposed on it by its own committee at the bidding of the government. nevertheless, there is this great difficulty, that as soon as the stock exchange begins to impose other than merely formal rules upon the issue of securities under its authority, the public very naturally comes to the conclusion that all securities brought out under its sanction may be relied on as absolutely secure; and since it is wholly impossible that the committee's regulations could be so strict as to ensure this result without imposing limits that would have the effect of smothering enterprise, the effect of any such attempt would be to encourage the public to pursue a happy-go-lucky system of investing, and then to blame the stock exchange if ever it found that it had made a mistake and had indulged in speculation when it flattered itself that it was investing. the whole question bristles with difficulties, but it seems hardly likely that after the war the stock exchange and the business of dealing in securities will ever be quite on the old basis again. in any attempt that is made to regulate them, however, it will be very necessary to remember that capital is an extremely elusive thing, and that if too strict rules are laid down for it, it very easily evades them by transferring itself to other centres. if the authorities decide that only such and such issues are to be made, or such and such securities are to be dealt in in london, they will be inviting those who consider such regulations unfair or unwise to buy a draft on paris or new york, and invest their money in a foreign centre. capital is easily scared, and is very difficult to bottle up and control, and if any guidance of it in a certain direction is needed, the object would probably be much more easily achieved by suggestion than by any attempt at hard and fast restriction, such as worked well enough under the stress of war. any real improvement to be achieved in the system by which we have hitherto supplied other nations with capital will ultimately have to be brought about by a keener appreciation, both by issuing houses and investors, of the kind of business that is truly legitimate and profitable. it does not pay in the long run to supply young communities with opportunities for outrunning the constable, and it is possible that when this wholesome platitude is more clearly grasped by the public, no issuing house will be found to bring out a loan that is not going to be used for some definite reproductive purpose, or to float a company, even of the semi-speculative kind, the prospects of which have not been so well tested that the shareholders are at least bound to have a fair chance of success. the ideals of the issuing houses have so far advanced since the days of the honduras scandal, that in the time of the late war in the balkans none could be found to father any financial operation in london on behalf of any of the warring peoples. it only remains for the education of the investor to continue the progress that it has lately made, for the waste of capital by bad investment to be greatly curtailed. probably there will always, as long as the present financial basis of society lasts, be outbursts of speculation in which a greedy public will rush madly after certain classes of stocks and shares, with the result that a few cool-headed or lucky gamblers will be able to live happily ever after as country gentlemen, and transmit comfortable fortunes to their descendants for all time. this is the debt that society pays for its occasional lapses in finance, just as its lapses in matters of taste are paid for by the enriching of those who provide it with rubbishy stuff to read, or rubbishy shows in picture palaces. the education of the individual in the matter of spending or investing his or her money is one of the most pressing needs of the future, and only by its progress can the evils which are usually laid to the door of finance be cured by being attacked in their real home. in the meantime much might be done by more candid publicity and clearer statements in prospectuses of the objects for which money lent is to be used and of the terms on which loan issues have been arranged. any reasonable attempts that may be made to improve the working of international finance are certain to have the support of the best elements in the city. at the same time we may hope that as economic progress goes slowly ahead over the stepping stones of uncomfortable experience, borrowing countries will see that it really pays them to pay their yearly bills out of yearly taxes, and that they are only hurting themselves when they mortgage their future revenue for loans, the spending of which is not going to help them to produce more goods and so raise more revenue without effort. war is the only possible excuse for asking foreign nations to find money for other than reproductive purposes. in time of war it can be justified, even as an individual can be justified for drawing on his capital in order to pay for an operation that will save his life. but in both cases it leaves both the nation and the individual permanently poorer and with a continuous burden to meet in the shape of interest and sinking fund, until the loan has been redeemed. loans raised at home have an essentially different effect. the interest on them is raised from the taxpayers and paid back to the taxpayers, and the nation, as a whole, is none the poorer. but when one nation borrows from another it takes the loan in the form of goods or services, and unless these goods and services are used in such a way as to enrich it and help it to produce goods and services itself, it is bound to be a loser by the bargain; because it has to pay interest on the loan in goods and services and to redeem the loan by the same process, and if the loan has not been used to increase its power of turning out goods and services, it is inevitably in the same position as a spendthrift individual who has pledged his income for an advance and spent it on riotous living. one of the great benefits that the present war is working is that it is teaching young countries to do without continual drafts of fresh capital from the older ones. instead of being able to finance themselves by fresh borrowing, they have had to close their capital accounts for the time being, and develop themselves out of their own resources. it is a very useful experience for them, and is teaching them lessons that will stand them in good stead for some time to come. for the old countries, when the war is over, will have problems of their own to face at home, and will not be able at once to go back to the old system of placing money abroad, even if they should decide that the experiences of war have raised no objections to their doing so with the old indiscriminate freedom. it is easy, however, to exaggerate the effect of the war on our power to finance other peoples. pessimistic observers, with a pacifist turn of mind, who regard all war as a hideous barbarism and refuse to see that anything good can come out of it, are apt in these days to make our flesh creep by telling us that war will inevitably leave europe so exhausted and impoverished that its financial future is a prospect of unmitigated gloom. they talk of the whole cost of the war as so much destruction of capital, and maintain that by this destruction we shall be for some generations in a state of comparative destitution. these gloomy forecasts may be right, but i hope and believe that they will be found to have been nightmares, evolved by depressed and prejudiced imaginations. war destroys capital when and where actual destruction of property takes place, as now in belgium, northern france, and other scenes of actual warfare, and on the sea, where a large number of ships, though small in relation to the total tale of the merchant navies of the world, have been sunk and destroyed. destruction in this sense has only been wrought, so far, in limited areas. in so far as agricultural land has been wasted, kindly nature, aided by industry and science, will soon restore its productive power. in so far as factories, railways, houses and ships have been shattered, man's power to make, increased to a marvellous extent by modern mechanical skill, will repair the damage with an ease and rapidity such as no previous age has witnessed. in another sense it may be argued that war destroys capital in that it prevents its being accumulated, but this is a distortion of the meaning of the word destroy. if it had not been for the war, we in england should have been saving our usual three to four hundred millions a year and putting the money to productive uses, in so far as we did not lend it to spendthrift nations or throw it away on unprofitable ventures. if we had invested it well, it would have made us and the rest of the world richer. instead of doing so we are spending our savings on war and consequently we are not growing richer. but when the war is over our material productive power will be as great as ever, except for the small number of our ships that have been sunk or the small amount of damage done to us by enemy aircraft. our railways and factories may be somewhat behindhand in upkeep, but that will soon be made good, and against that item on the debit side, we may set the great new organization for munition works, part of which, we may hope, will be available for peaceful production when the time for peace is ripe. it is a complete mistake to suppose that war can be carried on out of accumulated capital, which is thereby destroyed. all the things and services needed for war have to be produced as the war goes on. the warring nations start with a stock of ships and guns and military and naval stores, but the wastage of them can only be made good by the production of new stuff and new clothes and food for the soldiers and new services rendered as the war goes on. this new production may be done either by the warring powers or by neutrals, and if it is done by neutrals, the warring powers can pay for it out of capital by selling their securities or by pledging their wealth. in so far as this is done the warring powers impoverish themselves and the neutrals are enriched, but the world's capital as a whole is not impaired. if we sell our pennsylvania railroad bonds to americans, and buy shells with the proceeds, we are thereby poorer and americans are richer, but the earning power of the pennsylvania railroad is not altered. it may be, if we conduct the war wastefully, and refuse to meet its cost by our own self-denial--going without things ourselves so that we can save, money to lend to the government for the war--that we shall pledge our property and sell what of it we can sell to neutrals, to such an extent that we shall be seriously poorer at the end of it. at present[9] we are not selling and pledging our capital wealth any faster than we are lending to our allies; and if we pull ourselves up short, and exercise the necessary self-denial, seeing that we must pay for the war in the long run out of our own pockets, and that far the cheapest and cleanest policy is to do so now, and if the war does not last too long, there is no reason why it should impoverish us to an extent that will cripple us seriously. it is true that we shall have lost an appalling number of the best of our manhood, and this is a loss that is irreparable in many of its aspects. but from the purely material point of view we may set against it the great increase in the productive power of those that are left behind, through the lessons that the war has taught us in using the store of available energy that was idle among us before. we shall have learnt to work as we never worked before, and we shall have learnt that many of the things on which we used to waste our money and energy were unworthy of us at all times and especially at a time of national crisis. if we can only recognize that the national crisis will go on after the war, and will go on until we have made this old country civilized in the real sense of the word, that is, free from destitution and the vice and dirt and degradation and disease that go with it, then our power of recovery after the war will be illimitable, and we shall go forward to a new standard of wealth and national duty that will leave the dingy ideals of the nineteenth century behind us like a bad dream. this may seem somewhat irrelevant to the question of international finance, but it is not so. we led the way in spreading our capital over the world, with little or no regard for the consequences of this policy on the condition of our population at home. we have now, in the great regeneration that this war has brought, and will bring in still greater measure, to show that we can still make and save capital faster than ever, by working harder and spending our money on improving our heritage, instead of on frivolity and self-indulgence. then we shall still be free to lend money to borrowers who will use it well, and at the same time have plenty to spare for wise use at home in clearing the blots off our civilization. footnotes: [footnote 9: written on new year's eve, 1915.] index acceptances, of banks and firms. 26, 36 america, as international financier, 73; trade expansion of, helped by england, 85 armament firms and bad finance, 135, 136 bank of england, position of, 31. 32; weekly return of, 33 banks, bills of exchange held by, 26 _seq_.; functions of, 35 _seq_.; money deposited with, 25 _seq_.; specimen balance sheet of, 35 bearer securities, 54 bill-brokers, 37, 38 bills of exchange, meaning of, 26 _seq_.; on london, popularity of, 29, 30; uses of, 39, 40 bonds, description of, 54 bowley, dr., on specialization, 156 brailsford, mr., on egypt and finance, 99 brazil, financial embarrassments of. 71; funding scheme for, 72 canada lends to england, 73 capital, bad effects of export of, 164; difficulty of controlling, 166, 171; definition of, 4, 17; function of, 3 _seq_.; how acquired, 16; plenty of, advantageous to workers, 19, 20; reward of, 2 _seq_. charles ii, dukedoms founded by. 14,15 china and international finance, 106 cobbett on national prosperity, 159 colonial investments, advantages possessed by, 166 companies' securities, classes of, 57; issue of, 55 coupons, description of, 54 crammond, mr., on financiers and peace, 93 cumulative, preference, 59; sinking fund, 52 debenture stocks, 57 discount, market rate of, 38 egypt and finance, 98 _seq_. "fenn on the funds," on diplomacy and finance, 106 finance and industry, 75, 76, 131; as peace-missionary, 90 _seq_.; benefits of, 83 _seq_.; defined, 1; dependent on industry, 28, 29, 40; effects of war on, 92, 93 foreign office and finance, 105, _seq_. france, loan issuing in, 47 freights, effect of war on, 162 geographical distribution, investment by, 24, 25 german finance and diplomacy, 107 german industry helped by english finance, 85 governments, borrowing by, 43 _seq_. honduras loans, select committee's report on, 116 _seq_. "income," dr. nearing on, 7 industry the foundation of finance, 28, 29 inherited wealth, 11 _seq_. interest, the price of capital, 2, 3 interest claims, as article of export, 80, 81 issuing houses, responsibilities of, 137 _seq_. jews and finance, 111 _seq_. journalism in the city, 49, 50 kinglake on egypt, 100; on jews of smyrna, 112 limited liability, system of, 68 loans, issue of, 45 _seq_. london, strength of, in credit matters, 30 mexico, revolution and default in, 71 morocco crisis and financiers, 93 municipalities, borrowing by, 45 nearing, dr., on capital's reward, 7, 8 new york as financial centre, 30 philip ii repudiates debts, 67 preference securities, 57, 59 profit, distinguished from interest, 56; the reward of capital, 2, 3 prospectuses, fuller statement desirable in, 173; terms of, 49 _seq_., 51 public, the, the modern dispenser of wealth, 15 _seq_. registered stocks, 55 risk, inseparable from industry, 23 sinking fund, working of, 52 snowden, mr. philip, on finance and diplomacy, 90, 91 south african war and finance, 102, 103 specialization, dangers and evils of, 153 _seq_. state, as saver of capital, 21 stock exchange, as regulator of new issues, 169, 170; effect of war on, 95; securities dealt in on, 42 _seq_. stock markets, fluctuations of, 61, 62; international relations of, 62 trade balance, 80, 81 underwriting of loans, 46, 48; risk involved by, 53 venezuela and german diplomacy, 107 war, effects of, on finance, 92, 93; lessons taught by, 161 _seq_., 175 _seq_. the end transcriber's note the punctuation and spelling from the original text have been faithfully preserved. only obvious typographical errors have been corrected. the economist: or the political, commercial, agricultural, and free-trade journal. "if we make ourselves too little for the sphere of our duty; if, on the contrary, we do not stretch and expand our minds to the compass of their object; be well assured that everything about us will dwindle by degrees, until at length our concerns are shrunk to the dimensions of our minds. _it is not a predilection to mean, sordid, home-bred cares that will avert the consequences of a false estimation of our interest, or prevent the shameful dilapidation into which a great empire must fall by mean reparation upon mighty ruins._"--burke. no. 3. saturday, september 16, 1843. price 6_d._ contents. our brazilian trade and the anti-slavery party 33 the fallacy of protection 34 agriculture (no. 2.) 35 court and aristocracy 36 music and musicales 36 the metropolis 37 the provinces 37 ireland 37 scotland 38 wales 38 foreign: france 38 spain 38 austria and italy 38 turkey 38 egypt 39 united states 39 canada 39 colonies and emigration: emigration during the last seventeen years 39 new south wales 39 australia 39 cape of good hope 39 new zealand 39 political 39 correspondence and answers to inquiries 40 postscript 41 free trade movements: messrs cobden and bright at oxford 42 public dinner to r. walker, esq. 42 dr bowring's visit to his constituents 42 anti-corn-law meeting at hampstead 43 mr ewart and his constituents 43 miscellanies of trade 43 police 43 accidents, offences, and occurrences 43 sporting intelligence 43 agricultural varieties: the best home markets 44 curious agricultural experiment 44 cultivation of waste lands 44 our library table 44 miscellanea 45 commerce and commercial markets 46 prices current 46 corn markets 46 smithfield markets 46 borough hop market 47 liverpool cotton market 47 the gazette 47 births, marriages, and deaths 47 advertisements 47 "if a writer be conscious that to gain a reception for his favourite doctrine he must combat with certain elements of opposition, in the taste, or the pride, or the indolence of those whom he is addressing, this will only serve to make him the more importunate. _there is a difference between such truths as are merely of a speculative nature and such as are allied with practice and moral feeling. with the former all repetition may be often superfluous; with the latter it may just be by earnest repetition, that their influence comes to be thoroughly established over the mind of an inquirer._"--chalmers. our brazilian trade and the anti-slavery party. since the publication of our article on the brazilian treaty, we have received several letters from individuals who, agreeing with us entirely in the free-trade view of the question, nevertheless are at variance with us as to the commercial policy which we should pursue towards that country, in order to coerce them into our views regarding slavery. we are glad to feel called upon to express our views on this subject, to which we think full justice has not yet been done. we must, however, in doing so, make a great distinction between the two classes of persons who are now found to be joined in an alliance against this application of free-trade principles; two classes who have always hitherto been so much opposed to each other, that it would have been very difficult ten years since to have conceived any possible combinations of circumstances that could have brought them to act in concert: we mean the west india interest, who so violently opposed every step of amelioration to the slave from first to last; and that body of _truly great philanthropists_ who have been unceasing in their efforts to abolish slavery wherever and in whatever form it was to be found. to the latter alone we shall address our remarks. as far as it can be collected, the argument relied upon by this party appears to be, that having once abolished slavery in our own dominions we ought to interdict the importation of articles produced by slave labour in other countries, in order to coerce them, for the sake of their trade with us, to follow our example. we trust we shall be among the last who will ever be found advocating the continuance of slavery, or opposing any _legitimate_ means for its extinction; but we feel well assured that those who have adopted the opinion quoted above, have little considered either the consequences or the tendencies of the policy they support. the first consideration is, that if this policy is to be acted upon, on principle, it must extend to the exclusion of _all_ articles produced in whatever country by slaves. it must apply with equal force to the _gold_, _silver_, and _copper_ of brazil, as it does to the _sugar_ and _coffee_ produced in that country;--it must apply with equal force to the _cotton_, the _rice_, the _indigo_, the _cochineal_, and the _tobacco_ of the southern states of america, and mexico, as it does to the _sugar_ and _coffee_ of cuba. to be in any way consistent in carrying out this principle, we must exclude the great material on which the millions of lancashire, the west of yorkshire, and lanarkshire depend for their daily subsistence; we must equally exclude tobacco, which gives revenue to the extent of 3,500,000_l._ annually; we must refuse any use of the precious metals, whether for coin, ornament, or other purposes. but even these form only one class of the obligations which the affirming of this principle would impose upon us. if we would coerce the brazilians by not buying from them, it necessarily involves the duty of not selling to them; for if we sell, we supply them with all the means of conducting their slave labour; we supply the implements of labour, or the materials from which they are made; we supply clothing for themselves and their slaves; we supply part of their foods and most of their luxuries; the wines and the spirits in which the slave-owner indulges; and we even supply the very materials of which the implements of slave punishment or coercion are made;--and thus participate much more directly in the profits of slavery than by admitting their produce into this country. but if we supply them with all these articles, which we do to the extent of nearly 3,000,000_l._ a year, and are not to receive some of their slave-tainted produce, it must follow that we are to give them without an equivalent, than which no greater encouragement could be given for a perseverance in slave-holding. but the truth is--whatever pretensions we make on this subject--we do, in exchange for our goods, buy their polluted produce; we employ our ships to convey it from their shores, and ourselves find a market for it among other countries already well supplied with cheap sugar, where it is not required, and where it only tends the more to depress the price in markets already abundantly supplied. nay, we do more; we admit it into our ports, we land it on our shores, we place it in our bonded warehouses, and our busy merchants and brokers deal as freely on our exchanges in this slave produce as in any other, only with this difference--that this cheap sugar is not permitted to be consumed by our own starving population, but can only be sold to be refined in bond for the consumption of the free labourers in our west india colonies and others, or to be re-exported, as it is, for the use of "our less scrupulous but more consistent" neighbours on the continent. consistency, therefore, requires equally the abandonment of all export trade to slave-producing countries, as it does of the import of their produce; and the effect will carry us even further. we know it is a favourite feeling with mr joseph sturge and others of that truly benevolent class, that in eschewing any connexion with slave-producing countries, we have the better reason to urge free-trading intercourse with such countries as use only free labour,--with the northern states of america, with java, and other countries similarly circumstanced. now of what does our trade to these countries, in common with others, chiefly consist? of the 51,400,000_l._ of british manufactures and produce which we exported in 1840, upwards of 24,500,000_l._ consisted of cotton goods, nearly the whole of which were manufactured from slave-grown cotton, and partly dyed and printed with the cochineal and indigo of guatamala and mexico. consistency would therefore further require that we abandon at least one-half of our present foreign trade even with free-labour countries, instead of opening any opportunity for its increase. when men are prepared and conceive it a duty to urge the accomplishment of all these results, they may then consistently oppose the introduction of brazilian sugar and coffee, and support the present west india monopoly; but not till then. but now, what effect must this argument have upon slave-producing states, in inducing them to abandon slavery? has it not long been one of the chief arguments of the anti-slavery party everywhere, that free labour is actually cheaper than slave labour? now, will the brazilians give credit to this proposition, so strongly insisted upon, when they see that the anti-slavery party conceive it needful to give support to a system which affirms the necessity of protecting free labour against slave labour, by imposing a prohibitory duty of upwards of 100 per cent. on the produce of the latter? will their opinion of the relative cheapness of the two kinds of labour not rather be determined by our actions than our professions? we firmly believe that free labour, properly exercised, is cheaper than slave labour; but there is no pretence to say that it is so at this moment in our west india colonies; and we undertake to show, in an early number, in connexion with this fact, that _the existence of the high protecting duties on our west india produce has done more than anything else to endanger the whole experiment of emancipation_. but, moreover, our west india monopoly,--the existence of the high prohibitory differential duty on sugar, is the greatest, strongest, and least answerable argument at present used by slave-holding countries against emancipation. the following was put strongly to ourselves in amsterdam a short time since by a large slave owner in dutch guiana:--"we should be glad," said he, "to follow your example, and emancipate our slaves, if it were possible; but as long as your differential duties on sugar are maintained, it will be impossible. here is an account sale of sugar produced in our colony, netting a return of 11_l._ per hogshead to the planter in surinam; and here is an account sale of similar sugar sold in london, netting a return of 33_l._ to the planter in demerara: the difference ascribable only to your differential duty. the fields of these two classes of planters are separated only by a few ditches. now such is the effort made by the planter in demerara to extend his cultivation to secure the high price of 33_l._, that he is importing free labourers from the hills of hindostan, and from the coast of africa, at great cost, and is willing to pay higher wages than labour will command even in europe. let us, then, emancipate our slaves, which, if it had any effect, would confer the privilege of a choice of employer, and dutch guiana would be depopulated in a day,--an easy means of increasing the supply of labour to the planters of demerara, at the cost of entire annihilation of the cultivation of the estates in surinam. but abandon your differential duties, give us the same price for our produce, and thus enable us to pay the same rate of wages, and i, for one, will not object to liberate my slaves to-morrow." whatever amount of credence people may be disposed to place in this willingness to abandon slavery, nothing can be more clear than that the higher rate of wages paid in our colonies, attributable solely to the high and extravagant price which, by our differential duties, their produce commands, must ever form a strong and conclusive reason with these slave-holding countries against their entertaining the question of emancipation. we believe most sincerely that an equalization of these duties--that an entire free trade would do more than any other act to encourage an adoption of our example everywhere: while the maintenance of monopoly and high prices _as an essential to the carrying out of the experiment of free labour successfully_--must be the strongest reason against its adoption with all those countries who have no means of commanding this accompanying confessed essential. but now were it otherwise:--have the professors of these opinions ever considered the huge responsibility which they arrogate to themselves by such a course? let these men remember that, by seeking to coerce the _slave-labour producer_ in distant countries, they inflict a severe punishment on the millions of hard-working, ill-fed _consumers_ among their fellow countrymen; but they seem always to overlook the fact, that there is a _consumer_ to consider as well as a _producer_;--and that this consumer is their own countryman, their own neighbour, whose condition it is their _first_ duty to consult and watch;--duty as well as charity ought to be first exercised at home. that is a very doubtful humanity which exercises itself on the uncertain result of influence indirectly produced upon governments in the other hemisphere of the globe, and neglects, nay sacrifices, the interests of the poor and helpless around our own doors,--not only by placing the necessaries of life beyond their reach, but at the same time destroying the demand for their labour by which alone they can obtain them. if _individuals_ entertain conscientious scruples against the use of slave produce--let them, if they please, act upon them themselves, but do not let them seek to inflict _certain_ punishment, and the whole train of vice and misery consequent on starvation and want of employment, upon their poorer neighbours, for the purpose of conferring some _speculative_ advantage on the slaves of the brazils or elsewhere: no man can be called upon as a duty to do so great a present evil, in order to accomplish some distant good, however great--or however certain. the fallacy of protection. all laws made for the purpose of protecting the interests of individuals or classes must mean, if they mean anything, to render the articles which such classes deal in or produce dearer than they would otherwise be if the public was left at liberty to supply itself with such commodities in the manner which their own interests and choice would dictate. in order to make them dearer it is absolutely necessary to make them scarcer; for quantity being large or small in proportion to demand, alone can regulate the price;--protection, therefore, to any commodity simply means that the quantity supplied to the community shall be less than circumstances would naturally provide, but that for the smaller quantity supplied under the restriction of law the same sum shall be paid as the larger quantity would command without such restriction. time was when the sovereigns of england relied chiefly on the granting of patents to individuals for the exclusive exercise of certain trades or occupations in particular places, as the means of rewarding the services of some, and as a provision for others of their adherents, followers, and favourites, who either held the exclusive supply in their own hands on their own terms, or who again granted to others under them that privilege, receiving from them a portion of the gains. in the course of time, however, the public began to discover that these monopolies acted upon them directly as a tax of a most odious description; that the privileged person found it needful always to keep the supply short to obtain his high price (for as soon as he admitted plenty he had no command of price)--that, in short, the sovereign, in conferring a mark of regard on a favourite, gave not that which he himself possessed, but only invested him with the power of imposing a contribution on the public. the public once awake to the true operation of such privileges, and severely suffering under the injuries which they inflicted, perseveringly struggled against these odious monopolies, until the system was entirely abandoned, and the crown was deprived of the power of granting patents of this class. but though the public saw clearly enough that these privileges granted by the sovereign to individuals operated thus prejudicially on the community, they did not see with equal clearness that the same power transferred to, and exercised by, parliament, to confer similar privileges on classes; to do for a number of men what the sovereign had before done for single men, would, to the remaining portion of the community, be just as prejudicial as the abuses against which they had struggled. that like the sovereign, the parliament, in protecting or giving privileges to a class, gave nothing which they possessed themselves, but granted only the power to such classes of raising a contribution from the remaining portion of the community, by levying a higher price for their commodity than it would otherwise command. as with individuals, it was equally necessary to make scarcity to secure price, and that could only be done by restricting the sources of supply by prohibiting, or by imposing high duties on, foreign importations. many circumstances, however, combined to render the use of this power by parliament less obvious than it had been when exercised by the sovereign, but chiefly the fact that protection was usually granted by imposing high duties, often in their effect quite prohibitory, under the plea of providing revenue for the state. many other more modern excuses have been urged, such as those of encouraging native industry, and countervailing peculiar burthens, in order to reconcile public opinion to the exactions arising out of the system, all of which we shall, on future occasions, carefully consider separately. but, above all, the great reason why these evils have been so long endured has been, that the public have believed that all classes and interests, though perhaps not exactly to the same extent, have shared in protection. we propose at present to confine our consideration to the effects of protection,--first, on the community generally; and secondly, on the individual classes protected. as it is admitted that protection ought, if granted at all, to be given to all alike, it would follow that the whole produce of the country would be raised to an artificial price; and if this were the case, as far as regarded the exchange or transactions among members of the same community, the effect would be merely nominal, of no advantage to any one, and of little disadvantage beyond the enormous public expense needed to prevent people cheating each other by smuggling and bringing in the cheaper foreign article;--but such a community must forego all notion or idea of a foreign trade;--they must have no desires to be gratified beyond themselves, and they must have within themselves the independent means of supplying every want. for even if the law be strong enough to maintain an artificial high price at home, it has no power of making other countries pay that price; and if everything we possessed commanded a higher price at home than other countries could supply the same for, we should have nothing which we could exchange for the produce of other countries, and thus no more foreign trade could exist, than in a poor country which had no surplus produce. it is therefore essential that every country should bear in mind, in adopting a system of protection to manufactures or other produce, that they thereby effectually debar themselves from all foreign trade to neutral countries in such articles; for if they require high duties at home to protect them from the produce of other countries, which could only come at considerable expense to compete with them at home, how can they withstand that competition when they meet on the same terms in every respect in a neutral market? how effectually has france stayed her export linen trade by raising the duties and the price of linen yarn, and by that act, intended as a blow to english trade, given the linen manufacturers of this country a greater advantage over france in the markets of the world than ever. how idle are the efforts of the belgian government to establish depã´ts and factories for the sale of their manufactures in st thomas add other places, while the manufacturers in ghent are only able to maintain their home trade, by high protective duties, against english, french, and german goods, and still cry out for greater protection! it is, however, abundantly plain, that the state of a country above described could not long exist, when industry and intelligence were in the course of producing wealth; for if there be one law in nature more distinct than another, it is, that while the productions of every country are less or more limited to particular things, the wants of man extend to every possible variety of products over the whole world, as soon as his means can command them. as a country advances in wealth, it will have more and more surplus produce, which under wise laws would always consist of such things as it could produce with greatest facility and profit, whether from the loom or the soil. this surplus produce would be exchanged for the productions of other climates, but it must be quite clear, as soon as we arrive at this stage, that the power of the law to protect price altogether ceases. the surplus exported must sell in the markets of the world, in competition with the same article produced under the cheapest circumstances, and that article in the home market can command only the same price. thus the whole attempt to protect all interests equally would immediately fail; every article produced in excess, and exported, would command only the lowest prices of open markets, and the fancied protection of the law would be void; while everything produced in deficiency, and of which we required to import a portion to make up the needful supply, would continue to be protected above the natural price of the world to any extent of import duty that the law imposed upon the quantity required to make up the deficiency. thus, for example, we export a large portion of the woollen, and the largest portion of the cotton goods which we manufacture, to all parts of the world, which we must sell at least as cheap as they can be bought in any other country. the same articles can only command the same price in the home market, and though the law imposed an import duty, by way of pretended protection, to any extent, upon similar foreign goods, it would not have the effect of raising the price one fraction. on the other hand, we do not produce as much wool or food as we consume, and have every year to import large quantities of each to make up the deficiency. whatever duty, therefore, is put on the import of the quantity thus required, will enable the producers at home to maintain their price so much above the natural level of the world. by this state of things the country at large is injured in two distinct and prominent ways:--first,--those articles which we can make in excess, and export, must ever be the chief means of absorbing the increasing capital and labour of the country; and the impediment thrown in our way, of importing those things which we have in deficiency, must necessarily check our power of extending the demand for the produce of such increasing labour and capital; and, secondly,--the price of such articles as we produce in deficiency, will always be maintained much above the level of the world, to the great disadvantage of the other great class of producers, the price of whose labour, and whose profits, will be regulated by competition with those who have food, &c., at the lowest price. so much as to the effect on the community at large. we will now shortly consider the effect on individual interests, which are thought to enjoy protection, and we believe we can show that there never was a condition so fraught with mischief and disappointment, with such unmitigated delusion, deception, and exposure to ruin, than is to be found in every case where protection operates. we think it can be clearly shown _that such occupations can never be more profitable; that they must usually be less profitable; and that they are always more exposed to vicissitudes than any other class_. they never can be more profitable, because capital and enterprise will always be attracted to any occupation which offers a larger profit than the usual rate, till it is reduced to a level with others; they will usually be less profitable, indeed always in a community of increasing numbers, because the price being maintained by restriction above the price of the world, prevents an extension of such trades in the same proportion as those who naturally belong to them, and look to them for occupation, increase in numbers: they will be exposed to greater vicissitudes, because, being confined to the supply of only one market, any accidental circumstance, which either increases the usual supply, or diminishes the usual demand, will cause an infinitely greater depression than if they were in a condition to avail themselves of the markets of the whole world, over which they could spread an accidental and unusual surplus. thus, previous to 1824, the silk manufacturers of this country were protected to a greater extent than any other trade, and the price of silk goods was maintained much above the rate of other countries; our silk trade was therefore necessarily confined almost exclusively to the home market and our colonies, and though they had a monopoly of those markets, it was at the cost of exclusion (on account of higher price) from all other markets. notwithstanding this monopoly, the silk manufacturers could never command at any time larger _profits_ than other trades; for had they done so, competition would have increased until the rate was reduced to the common level of the country: on the contrary, the tendency was for profits and rates of wages to be smaller than in other great manufacturing branches, requiring equal capital and skill; because, with the increasing numbers who belonged to the silk trade,--the sons of manufacturers and of weavers, who naturally, in the first instance, look to the trade of their parents for their occupation,--the trade did not proportionably increase, from the fact of our being unable to extend our exports; and, lastly, it was exposed to much greater vicissitudes than other trades; for when, either from a temporary change of fashion or taste, or from a temporary stagnation of trade in this country, the accustomed demand was lessened, the silk manufacturers were unable to obtain any relief by extending their trade in the great neutral markets of the world, being excluded by price, and the whole surplus quantity remained a dead weight on this market only; whereas other branches of manufactures, practically enjoying no protection, in the case of depressed trade at home, had an opportunity of immediate relief, by spreading the surplus thereby created, at a very trifling sacrifice, over the wide markets which they supplied. in this way the extent and duration of the vicissitudes and depressions in the silk trade were without parallel in any other; but since 1824, since this trade has been placed in a natural position by the removal of monopoly, the whole aspect of it has changed, and these peculiar evils have all disappeared. then again with regard to the products of land, which the law attempts to protect more highly than any other. here again, though the price to the community is maintained much above the prices of other countries, no one person connected with raising the produce can command a higher rate of profit, or higher wages for labour, than other trades having no protection whatever; for if they did, competition would soon reduce them to the same level; but, on the contrary, the wages, of agricultural labourers, and the profits of farmers, are always rather below than above the common rate, and simply from this fact, that the children of farm labourers, and of farmers, who first naturally look to the pursuits of their parents for a trade or occupation, increase in numbers without any corresponding extension of the means of employment, and the competition among them is therefore always greater than in other trades which have the power of extension; and the vicissitudes to which the farmer is exposed are notoriously greater than any other trade. his rent and expenses throughout are fixed by an artificial price of produce, which price can only be maintained as long as a certain scarcity exists; but the moment the markets are plentifully supplied, either from a want of demand owing to a depression of trade, or from the result of a good harvest, he finds that plenty takes out of his hand all control of price, which quickly sinks to the natural rate. with a free trade the farmer would never be exposed to such reverses. in that state, if the demand and price increased, it would be checked by an increase of imports from other countries; if the demand and price diminished, that would also be checked by a reduction or cessation of the usual imports, and, if necessary, by an export of any surplus which pressed upon the market;--and, if our space allowed, it would not be difficult to show that, with prices at the natural rate, all parties connected with land would not only be in a safer but a much better condition. no cautious man who well understands the subject will ever hazard his capital in any trade exposed to so many evils and to so much uncertainty as restriction and protection infallibly introduce into it:--but the great error which misleads all men in cherishing such trades is, that they mistake _high prices_ for _high profits_, which usually, instead of being synonymous terms, are quite the reverse. agriculture. no. ii. on the indications which are guides in judging of the fertility or barrenness of the soil. by the rev. william thorp. (_continued from no. 2._) these three signs, viz., colour, consistence, and vegetation, are named by the royal agricultural society as being pre-eminently indications of the value of lands; yet there are others of equal if not of greater consequence. for example:-_a knowledge of the geology of the land_ is of the first importance; that is, not only a knowledge of the range and extent of each formation and its subdivisions, which may be called geographical geology, but also how far and to what extent the various lands do depend upon the substratum for their soil, and the local variations in the chemical or mineralogical character of the substrata themselves, and which may be called the differential geology of soils. for not only do the qualities of land vary from one formation to another, but upon the same formation there is frequently considerable difference in the quality of land depending upon chemical difference in the substratum, or upon an intermixture of foreign debris derived from other strata. _a chemical investigation_ of the soil and subsoil will frequently afford most useful indications respecting the value of land. it may be laid down as an axiom that a soil to be fertile must contain all the chemical ingredients which a plant can only obtain from the soil, and chemistry ought to be able to inform us in unproductive soils what ingredients are wanting. it also is able to inform us if any poisonous substance exists in the soil, and how it may be neutralized; when lime, marl, and chalk are to be used, &c.[1] the royal agricultural society say that chemistry is unable to explain the productiveness of soils. but why is it unable? one reason is, that supposing everything required by the plant to be present in the soil, yet if the soil be either too wet, or too dry, too cohesive, or loose, the plant will not flourish; and chemical analysis does not declare this, for it affords no information respecting the mechanical division in which substances exist in the soil. again, the chemical analysis of soils, to be worth anything, must be conducted with more rigid accuracy than those published by english writers. to detect one cwt. of gypsum in an acre there would be only one quarter of a grain in a pound of soil, or in 100 grains only three and a half thousandth of a grain (35/10000 or,00035 grs.), or to discover if sufficient alumina existed in a field for the production of red clover there must be ascertained if it contained (one hundred thousandth),00001 per cent. the analyses even by sprengel do not afford us the quantity of nitrogen in each soil, or the capacity of the soil for this substance; while it is well known that most manures, as well as the different kinds of food, are valuable in proportion to the quantity contained by them, and it is highly probable, _ceteris paribus_, that the quantity of nitrogen found existing in soil, and the soil's capacity for containing that substance, would afford an easy indication of its immediate fertility, and also of its requiring great or small quantities of nitrogenous manures in its future cultivation.[2] chemistry, however, outsteps her province when it is attempted to explain how vegetable productions are formed in the plants by chemical forces; for the recent discoveries of schwann, henle, and schleiden, prove that all the functions of the plant are performed by the means of simple vesicles and cells--that absorption, assimilation, fixation of carbon from the atmosphere, respiration, exhalation, secretion, and reproduction are all effected by single cells, of which the lower plants almost entirely consist--that the cell absorbs alimentary matters through the spongioles of the root, and that the fluid received thus undergoes the first steps of the organizing process--that the inorganic elements are changed into the simplest proximate principles by cells--so also are the further changes into the regular secretions of the plant, the result of cell-life--that gum and sugar are converted into the organizable portion of the nutritious sap by the cells of the leaves. the starchy fluid in the grains of corn is rendered capable of nutrition to the embryo by the development of successive generations of cells, which exert upon it their peculiar vitalizing influence. albumen is converted into fibrine by the vital agency of cell life--_i.e._, cells are produced which do not form an integral part of any permanent structure in the plant, but which, after attaining a certain maturity, reproduce themselves and disappear; hence it may be stated that all the vegetable productions which are formed in the plant are effected by a series of vital actions through the agency of cells. from the different transformations which these undergo all the different tissues in vegetables are formed; for instance, the spiral and dotted ducts, woody fibre, and so on. schwann showed that the formation of tissues in animals went through exactly the same progress, a fact which has been confirmed by the microscopic observations of valentin and barry. thus vessels, glands, the brain, nerves, muscles, and even bones and teeth are all formed from metamorphosed cells. dr bennett says--"if this be true, and there can be little doubt, it obliges us to modify our notions of organization and life. it compels us to confess that vegetables and animals are not simple beings, but composed of a greater or less number of individuals, of which thousands may exist in a mass not larger than a grain of sand, each having a vital centre and separate life, independent of those around it. each of these individuals, or organized cells, should be regarded as a living being, which has its particular vital centre of absorption, assimilation, and growth, and which continues to vegetate, to increase, and undergo transformations as if it were an isolated individual. at all events, a knowledge of the existence of the cell-life of plants will explain several phenomena respecting the vegetation, growth, and ripening of corn, and may hereafter lead to some valuable practical results." _the climate, elevation, and exposure_ are not to be neglected. upon the higher portions of the wolds crops suffer, much from elevation and exposure, while in the western portion of yorkshire, upon the moor edges, the harvest is usually a month later than in the central parts of the island. _a moderate depth_ of soil in general is a favourable sign, although some of shallow soils on the new red sandstone and on the wolds are very good; to these signs are to be added locality, as respects markets, facilities of obtaining a supply of lime, or other tillage, the rates and outpayments peculiar to the district, &c. &c., all of which are to be taken into account when considering the value of any particular farm. i shall now briefly apply these indications of fertility over the different geological formations of yorkshire, and it will be found that each lends aid to the other, and that a person will be able to ascertain the value of land in proportion as he is able to appreciate the collective evidence afforded by them. (_to be continued._) [1] mr brakenridge, of bretton lodge, who has extensive practice in land valuing, informs me that a mechanical analysis of the soil affords him much assistance; and he has found that in soils, whenever free from stagnant water, that in a mechanical analysis the larger the proportion which remains suspended in the water, the greater its powers of production will be found, and the less manure it will require. that the best soils are those which, when diffused and well stirred in water and allowed to stand for three minutes, from 20 to 30, say 25, per cent. is carried off with the water of decantation. when 30 per cent. and upwards is decanted off, the soil becomes retentive of water and consequently wet. when less than 20 per cent., say only 16 per cent. and under, is carried off, it becomes too porous; water passes through it too rapidly; its soluble matter is washed off into the substratum, and it has a strong tendency to become thin and sterile. [2] the celebrated black earth of russia contains 2,45 per cent. of nitrogen. court and aristocracy. the queen and prince albert, on their return on thursday week from the chateau d'eu, were accompanied by the prince de joinville, who remained to dine with the royal party, and then returned in the evening on board his yacht, for the coast of france. after a few days' repose, her majesty and the prince started on another marine excursion. they sailed from brighton on tuesday morning, passed dover, and arrived off deal about three o'clock, where the royal yacht anchored, in order to receive the duke of wellington, who came from walmer castle, and dined with her majesty on board, a large number of vessels, gaily decked with flags, as well as crowds on shore, giving animation to the scene. the duke remained with her majesty and prince albert upwards of two hours, and during the time he was on board, the wind, which throughout the day had been blowing rather fresh from the northward and eastward, had considerably increased, and her majesty, upon the duke's taking his leave, evinced very great anxiety respecting the safe landing of his grace. everybody who knows this coast is aware that when the wind is blowing at all from the eastward that there is a very heavy surf on the beach, and consequently great difficulty in landing. his grace, however, on thanking her majesty for the concern she evinced on his account, made light of the matter, and returned on board the _ariel_, which brought him as near the shore as possible; here he got into the barge and rowed towards the beach. the swell was too great to admit of his landing at the pier, from which he had started, and the boat was pulled towards the naval yard, where the surf was not so great as at any other part of the shore. here the duke landed, but not without a thorough drenching, for no sooner had the bows of the boat touched the shore than a heavy sea broke right over her stern, and completely saturated his grace's apparel. the duke, upon landing, all wet as he was, immediately mounted his horse, and rode off to walmer castle. a numerous assemblage of persons had congregated on the beach when the duke came on shore, and loudly and enthusiastically cheered him. at an early hour on wednesday morning the squadron got their steam up, and made preparations for taking their departure. the weather had moderated, and the day was fine. about seven o'clock the royal yacht got under way, and stood out to sea, and was followed by the other steamers, and also by the _penelope_, which had been ordered to form one of the royal squadron. about two o'clock on wednesday the royal yacht entered the port of ostend, taking the authorities somewhat by surprise, who did not expect it quite so soon. the king and queen of belgium, and the official personages of ostend, were, however, on the pier to await the landing; and the populace displayed the most lively enthusiasm. in the evening there was a grand banquet at the hotel de ville, and ostend was brilliantly illuminated, in a style far surpassing ordinary occasions. the king of hanover.--a correspondent writes that his majesty, while in conversation with a noble friend, expressed the determination, should divine providence spare him health, to visit this country again next summer, and he purposed then to come earlier in the season. visit of the regent of spain to greenwich hospital.--on wednesday, about twelve o'clock, general espartero paid a visit to the royal hospital at greenwich. sir robert peel arrived in town by the london and birmingham railway on saturday afternoon, from his seat, drayton manor, staffordshire, and immediately proceeded from the euston-square terminus to the residence of the earl of aberdeen, in argyll street, to pay a visit to his lordship. soon, after the arrival of the right hon. baronet, sir james graham arrived in argyll street from the home office, and had an interview with sir robert peel. sir r. peel left his colleagues at a quarter-past four o'clock for the terminus at london bridge, and travelled by the london and brighton railway to brighton, to dine with her majesty and prince albert, remaining at the pavilion, on a visit to her majesty. music and musicales. manchester musical festival.--this great festival--one of the greatest and finest musical events that ever occurred in manchester--was held in the magnificent hall of the anti-corn-law league, the length of which is 135 feet, the breadth 102 feet, inclosing an area of about 14,000 square feet. the services of all our principal vocal artists were secured. the _soprani_ were miss clara novello and miss rainforth; the _alto_ or _mezzo soprano_, mrs alfred shaw; the _tenori_, mr braham and mr james bennett; and the _basso_, mr henry phillips. the choir was the most complete and efficient one ever collected in manchester, and consisted of nearly the whole of the vocal members of the manchester choral society and the hargreaves choral society, with some valuable additions from the choirs of bury and other neighbouring towns, and from gentlemen amateurs, conversant with handel. the _messiah_ was the performance of monday night; and, on the whole, was executed in a style worthy of that great work of art, the conductor being sir henry bishop, who wore his robes as a musical bachelor of the university of oxford. on tuesday there was a grand miscellaneous concert, the hall being even more numerously attended than on the preceding evening, there not being fewer than 3,500 persons present. this went off with very great satisfaction to the very numerous auditory; and the _manchester guardian_ says, "as to the general impression produced by this festival, we believe we do not err in saying that there is but one opinion,--that it has been throughout an eminently successful experiment. sir henry bishop, we understand, said that he never heard choruses sung with better effect in his life; and that he considered the festival, as a musical performance, most creditable to every one connected with it. as to the capabilities of the hall for singing, we are informed that miss clara novello has declared that she never sang with more ease in any place in her life; and we think the ease with which she did sing was obvious to all who could see her countenance. we have asked many persons who sat in different parts of the hall, especially in distant corners, and all concur in saying that they heard most distinctly miss novello's softest and faintest notes." musical intelligence.--rubini is about to establish an opera at st petersburg, and has engaged his old colleague, tamburini, to assist him in the enterprize. he has also engaged signor pisani, a young tenor of great promise. lablache will not appear at the opening of the italian opera in paris. he has gone to naples, where he will remain for two months, and where he is to be joined by his son-in-law, thalberg. a grand musical festival, which was to have taken place in paris on thursday next, has been postponed till the beginning of october. it is said that this festival will rival those of germany in splendour. the hereford musical festival, which was held on tuesday, wednesday, and thursday, in all saints church, in consequence of the repairs going on at the cathedral, was on a much smaller scale than of late years has been usual with the three choirs, and the attendances at the various performances were by no means so numerous as had been generally expected; still, as the expenses had been studiously kept down, it is to be hoped the receipts may cover them, or nearly so. the collections after the three services amounted to 865_l._, being 200_l._ less than in 1840, but 50_l._ more than in 1837.--_cheltenham looker-on._ rossini has just left paris without its having been possible to procure a note from him. every effort has been fruitless. unwilling to hear one word said of music, rossini has not even been to the opera. he is returning to bologna, cured of a painful disease by doctor civiale, who, with reason, seemed to him a far more important personage than duprez. it is said that rossini replied to the great tenor, who asked him for a part, "i have come too early, and you too late."--_french print._ the metropolis. the aldermanic gown of bread-street ward.--it is supposed that there will be a hard contest for the aldermanic gown of bread street, vacant by the resignation of alderman lainson, who on thursday last addressed a letter to the lord mayor, announcing his determination to retire, in consequence of ill health. metropolitan improvements.--the works are now about to commence in good earnest for forming victoria park. great progress is being made by the commissioners of the metropolis improvements in the formation of the new street at the west-end. the new street leading from oxford street to holborn has been marked out by the erection of poles along the line. last week several houses were disposed of by auction, for the purpose of being taken down. some delay has arisen in respect to the purchase of the houses which have formed the locality known as little ireland. among the buildings to be removed is the chapel situated at the top of plumtree street. in this street the whole of the houses on the west side will be shortly removed, for the new street which will lead from waterloo bridge. in belton street, in the line for this intended street, the inmates of several houses received notice to quit yesterday. the occupiers of the several houses forming the clump at the end of monmouth street, in holborn, have also received similar notices. similar progress has been made with the new street communicating between coventry street and long acre. the line has been cleared from castle street to long acre on the east. on the west side the inmates of the houses, it is expected, will in a few days have notice to quit. improvements will also be made between long acre and st giles's; and in upper st martin's lane the whole of the houses on the west side will be removed, the greater part of which are already taken down. report on the model prison.--the commissioners appointed to superintend the management of the pentonville prison have just presented their report for the approval of the secretary of state. the report states, that it is the intention of the secretary of state to appropriate the prison to the reception of convicts between eighteen and thirty-five years, under sentence of transportation not exceeding fifteen years; and that the convicts so selected shall undergo a term of probationary discipline for eighteen months in the prison, when they will be removed to van diemen's land under their original sentences. returns of the royal mint.--the master of the mint has issued his annual return of the work done in the refinery of the mint, and of the assays made during the past year on other accounts than those of government, and of public and private bodies, in conformity with an order of the house on a motion made by mr hume. the return estimates the amount of bullion refined in the year 1842, under this head, at 940 lbs 0 oz. 19 dwts. of gold, and 24,376 lbs. 11 oz. of silver, the amount received by the refiner being about 600_l._ the number of assays made in the same period is put down at 2,158, at a rate of charge of 2s. for each assay. post-office law.--it may be interesting at this season, when so many persons who are out of town have their letters forwarded to them in the country, to see the answer to an inquiry whether a letter forwarded after delivery at one address to another in the country is liable to second postage:--"general post office, sept. 7, 1843.--sir,--i am commanded by the postmaster-general to inform you, in reply to your communication of the 29th ultimo, that a letter re-directed from one place to another is legally liable to additional postage for the further service. i am, sir, &c. &c." singular employment of the police.--under an order recently issued by the commissioners of the metropolitan police, a number of the officers of each division have been actively engaged in collecting information and making out a return of all new houses completed since the year 1830, in which year the police force was established; all new houses commenced but not finished; all new churches, new chapels, new schools, and other public buildings; all new streets and squares formed since that period, with their names and the name of the neighbourhood. the provinces. sanitary state of liverpool.--a mr henry laxton has published a very thin pamphlet, in the shape of a letter to dr lyon playfair, who has been appointed, under the commission of inquiry, to examine and report upon the unhealthy state of liverpool. but though mr laxton's pamphlet is very small, it exposes evils too complicated and large to be remedied without vigorous, continuous, steadily-applied exertion. groups of houses packed together, with scarcely room for the inhabitants to stir; open cesspools continually sending up their poisonous exhalations, and in hot or wet weather so infesting the air as to render it almost insupportable; smoke from the factories and steam-vessels, which, when the wind is westerly, covers the town, blackening the buildings, soiling goods, and, mixing with the other gases already generated, forming one general conglomeration of deleterious vapours; the state of the inhabited cellars; the neighbourhood of which exhibits scenes of barbarism disgraceful for any civilised state to allow; an inefficient supply of that great necessity of life--water; inefficient drainage, which is only adapted to carry off the surface water;--these are but a sample of the general state of liverpool, and at the same time very distinct and efficient causes of its excessive mortality. sheffield.--it is now understood that there will be no immediate vacancy for sheffield, and that both mr ward and mr parker will retain their seats. henry damar, esq.--the _dorset chronicle_ publishes a long account of the festivities which took place at milton abbey, in dorsetshire, on the 5th instant, on the occasion of the coming of age of the proprietor, henry damar, esq. proposed public meeting in birmingham.--on monday a deputation waited on the mayor of birmingham, with the requisition requesting him to call a public meeting to petition the queen to dismiss her present ministers. the requisition was signed by nearly one thousand merchants, manufacturers, and shopkeepers of the town. there was not the name of a working man attached to it. the mayor, however, declined calling the meeting, observing, that although he might not act in accordance with the wishes of many most respectable individuals in the town, he had made up his mind not to call the meeting. attendance of the lancashire members of the house of commons in the session of 1843.--the total number of divisions in the house of commons, during the session of 1843, was 220, in which there voted- times. 1. joseph brotherton salford 191 2. dr bowring bolton 153 3. lord stanley n. lancashire 129 4. william sharman crawford rochdale 120 5. thomas greene lancaster 102 6. charles hindley ashton 92 7. sir howard douglas liverpool 88 8. john wilson patten n. lancashire 82 9. john ireland blackburne warrington 75 10. viscount sandon liverpool 69 11. john fielden oldham 61 12. john hornby blackburn 61 13. peter greenal wigan 60 14. thomas milner gibson manchester 56 15. sir george strickland preston 53 16. hon. richard bootle wilbraham s. lancashire 50 17. edward cardwell clitheroe 47 18. william fielden blackburn 47 19. peter ainsworth bolton 34 20. general johnson oldham 32 21. george marton lancaster 31 22. mark philips manchester 26 23. sir peter hesketh fleetwood preston 19 24. richard walker bury 16 25. lord francis egerton s. lancashire 9 26. charles standish wigan 9 destructive fire at halifax.--we regret to learn that a fire broke out early on saturday morning, in the warehouse of messrs james acroyd and son, worsted manufacturers, bowling dyke, near halifax, when the building, together with a large quantity of goods, was entirely destroyed. we understand that messrs acroyd were insured to the extent of six or seven thousand pounds, but that the loss considerably exceeds that amount. chester cheese fair.--at this fair on wednesday last, the first of the season for this year's make, about 200 tons of new cheese were piled for sale. early in the morning several dairies went off briskly, but as the day advanced sales became heavy. prices ranged from 40s. to 50s. per cwt., according to quality. we hear that the make this season has been above an average one. new college, near oxford.--a correspondent states that it is intended to establish at littlemore, near oxford, a college, in which young men holding tractarian views may be trained for missionary labour in connexion with the established church. the right rev. dr coleridge, formerly bishop of barbadoes, will be the principal of the institution. chatham.--a general court-martial was held on wednesday, the 6th inst., in the general court-martial-room, chatham barracks, for the purpose of trying lieutenant j. piper, of the 26th cameronian regiment. the trial lasted four days, terminating on saturday, the 9th inst. the charges alleged ungentlemanly and improper conduct. the prisoner's defence being closed, the court broke up. the sentence of the court will not be known until the evidence has been laid before the commander-in-chief at the horse guards. the prisoner is about 26 years of age. the trial excited the greatest interest throughout the garrison. it is said that there are at present upwards of 2,000 visitors congregated at harrogate; and all the other watering places in the north of england, scarborough, seaton, carew, redcar, tynemouth, shotley bridge, gilsland, as well as the lakes, are teeming with gay and respectable company. ireland. repeal association.--on monday the usual weekly meeting of the repeal association was held at the corn exchange, dublin. the week's "rent" amounted to 735_l._, of which 1_l._ was from mr baldwin, a paper manufacturer of birmingham, who is of opinion that ireland would be of greater benefit to england with a domestic legislature than she was at present. repeal meetings.--a repeal meeting was held on sunday last at loughrea, a town in the county of galway, about ninety miles from dublin. it was attended by mr o'connell, who as it was raining in torrents, addressed the people from under the shelter of an umbrella. amongst other things in his speech, he said,--"believe me, my friends, that if you follow my advice, the day is not far distant when you shall have your parliament restored in ireland. i am working the plan out. i have it in detail. i will have this protective society of 300 sitting before christmas, and i hope to be able to give you, as a new year's gift, a parliament in college green. (cheers.) people of ireland, you deserve it. brave, noble-minded people of ireland, you deserve it. faithful, religious, moral, temperate people of ireland, you deserve to be a nation, and you shall be a nation. (much cheering.) the saxon stranger shall not rule you. ireland shall belong to the irish, and the irish shall have ireland." (hurrah.) there was a dinner in the evening, at which about 400 persons were present. branding of arms in ireland.--government has entered into a contract with mr grubb, the scientific and very able mechanist of the bank of ireland, for the construction of the machine intended to be used in marking the arms under the new law--they are not to be subjected to the operation of punching, still less, as some strangely supposed, to the notion of fire. the letters, or figures, will be marked by cutting; and, so simple and ingenious is the method employed, that the most unskilful workman, even an ordinary person unpractised in any trade, can effect the process with the most perfect ease. four figures and two letters are expected to suffice for designating the county or riding of a county, and the number of the piece; the time occupied in the engraving will be one minute. the expense will be extremely moderate; the cost of each machine being, we understand, only twenty-five guineas, one-half of which, by law, will be defrayed out of the consolidated fund, the other half by the county.--_evening mail._ scene at the phoenix park.--an extraordinary scene took place on saturday, at the viceregal lodge, between the military on duty and a person named thomas campbell, who is, it would appear, insane. thomas campbell, it appears, is a very powerful young man, about thirty years of age, and a native of the north road, drogheda. at the lodge, in the phoenix park, he asked to see the lord lieutenant; but, being armed with a pitchfork and a hammer, he was not considered an eligible visitor, and after a desperate struggle with the guard, whom he kept at bay, he was knocked down and secured by a police constable. the meeting of tuesday of the repeal association, adjourned over from monday, was enlivened by the presence of mr o'connell, without whom all its proceedings would be "stale, flat, and unprofitable." it again adjourned till wednesday; and, on that day, mr o'connell read an address to the people of great britain, setting forth the grievances of the people of ireland. after the reading of this document, which is long, and certainly ably drawn up, the association adjourned till monday. military defences.--before the winter sets in every barrack in ireland will be in a state of defence, fit to hold out against an insurgent assault. in fact, everything will be prepared, excepting the insurrectionary force; and certainly there does not at present appear to be much chance that the strength of the fortifications will be tested. * * * * * repeal demonstration in liverpool.--some days ago public announcements were made that two days' "demonstration" would be made in this town, in favour of the repeal of the union, and that mr daniel o'connell, jun., youngest son of the liberator, and one or two others of inferior note would attend. the meeting took place on tuesday night last, in the amphitheatre, which was crowded, by not less than between 3,000 and 4,000 persons. shortly after the doors were opened it appeared evident that a considerable body of orangemen were dispersed in different parts, from partial sounds of the "kentish fire," and other circumstances. mr o'connell, and the gentlemen accompanying him, arrived about half-past seven, and the chair was taken by mr james lennon, who was described as an "inspector of repeal wardens in liverpool." he delivered a short speech in favour of repeal, during which he was repeatedly interrupted by the orangemen, and some confusion followed.--mr fitzgerald moved the first resolution, which was supported by mr daniel o'connell, jun. his retirement was the signal for the commencement of an uproar which almost defies description. there appeared an evident determination that the proceedings should be stopped; for fights commenced in different parts, many of the benches were torn up, and a sort of attack was made upon the stage by a few orangemen who were in the pit. the police were very active in endeavouring to secure the assailants, several of whom were seriously hurt; and a few of them having been removed from the building, order was eventually restored, and, with a few trifling exceptions, it was preserved to the end of the proceedings. scotland. the working of the measure of the past session, denominated the church of scotland benefices act, will soon be tested, and is now undergoing the ordeal of proof, in consequence of objections lodged by the parishioners of banff, with the presbytery of fordyce, against the presentation, induction, and translation of the rev. george henderson, now incumbent of the church and parish of cullen, to the cure and pastoral charge of the church and parish of banff. the rev. mr grant, formerly parochial minister of banff, ceased to hold his _status_ in the established church of scotland, having signed the famous deed of secession, and voluntarily resigned his living with his brethren of the non-intrusion clergy. a large portion of his congregation left the establishment along with him, and a free church is now in course of being built for their accommodation. the patronage of the vacant benefice is in the gift of the earl of seafield. the rev. mr henderson, of cullen, has accepted the presentation to the parish church of banff. on the day appointed for "moderating on the call," very few names were given in, in favour of the presentee, and the presbytery having fixed a day for receiving objections, a series of reasons and objections was lodged in the hands of that reverend body, and published at length in the _aberdeen herald_, against proceeding with the collation of mr henderson. the objections are set forth under no less than fourteen different heads. "the approaches and manners" of the reverend gentleman are not considered such "as to attach and endear his congregation to him." he is reported to be subject "to an occasional exuberance of animal spirits, and at times to display a liveliness of manner and conversation which would be repugnant to the feelings of a large portion of the congregation of banff." others of the objections assert, that his illustrations in the pulpit do not bear upon his text--that his subjects are incoherent and ill deduced; and the reverend gentleman is also charged with being subject to a natural defect of utterance--a defect which it is said increases as he "extends his voice," which is of a "very harsh and grating description," and renders it difficult to hear or follow what he says in the church of banff, which we are informed "is very large, and peculiarly constructed, with an unusually high pulpit, to suit the high galleries;" and moreover, "the said rev. george henderson is considered to be destitute of a musical ear, which prevents the correct modulation of his voice!" argyllshire election.--the election of a member of parliament for the county of argyll, in the room of alexander campbell, esq., of monzie, who has accepted the chiltern hundreds, took place at inverary on friday week. the lord advocate (mr duncan m'neill), the only candidate in the field, was accompanied to the hustings by a great number of the county gentlemen; and no other candidate having been brought forward, a show of hands was consequently taken, which being perfectly unanimous, he was, of course, declared duly elected.--_glasgow saturday post._ the speaker of the house of commons, mr shaw lefevre, has been on a visit at glenquoich, the shooting quarters of edward ellice, esq., m.p., in this county. the right hon. edward ellice, m.p. for coventry, the baron james de rothschild, and other members of the rothschild family, were also at glenquoich.--_inverness courrier._ wales. the disturbances in wales still continue, though the apprehension of some of the rioters who destroyed the pontardulais gate has had some effect. the following distressing scene is reported in the _times_:-"outrage in south wales.--on the road from llanelly to pontardulais, and within five hundred yards of the latter place, is a turnpike-gate called hendy gate. this gate was kept by an old woman upwards of seventy years of age, who has received frequent notices that if she did not leave the gate, her house should be burnt down. about three o'clock on sunday morning, a party of ruffians set fire to the thatch of the toll-house. the old woman, on being awakened, ran into the road and to a neighbouring cottage within twenty yards of the toll-house, shouting to the people who lived in it, 'for god's sake to come out and help her to put out the fire; there was not much.' the occupier of this cottage, a stout able man, was afraid to go out, and begged the old woman to come into his cottage, which she refused, and went back to try and save some of her furniture. it appears her exclamation had been overheard, for the villains returned and set fire to the thatch again. the old woman then ran across the road, and shouted out, 'she knew them;' when the brutes fired at her, and shot her dead." an inquest was held on the body of the unfortunate woman, and the jury returned the following astounding verdict:--"that the deceased died from the effusion of blood into the chest, which occasioned suffocation, but from what cause is to this jury unknown." meetings of the magistrates, in relation to the turnpike trusts, have been held, and measures taken to mitigate the heaviest tolls. foreign. france. louis philippe has had a remarkable history; but it has been distinguished to an extraordinary degree by its vicissitudes, amongst which we must not forget his involuntary exile, and his residence in this country, where he lived for many years as duke of orleans. a worse man than his father it would be difficult to imagine. he was a vain, ambitious, and cowardly voluptuary, who gratified his personal passions at the expense of his sovereign and his country; but his son was reared in a different school, and to that accident, conjoined with a better nature, he probably owes the high position which he now occupies as a european monarch. misfortune is a stern teacher, and its effects on louis philippe may be exemplified by a little story that was told of him and lord brougham some years ago:--"i am the most independent crowned head in europe," said he, "and the best fitted for my office of all my brethren." the praise might be deserved, but it seemed strange to the _ex_-chancellor that it should come from his own mouth--he, therefore, bowed assent, and muttered some complimentary phrases about his majesty's judgment, firmness, and the like. "pooh, pooh, my lord," he observed, laughing heartily, "i do not mean that--i do not mean that, but that i can--brush my own boots!" this was practical philosophy, and indicated a clear perception of the constitution of modern society, particularly on the part of one who is known to be by no means indifferent to the fortunes of his race. we believe, also, that louis philippe has been happy beyond most men of regal rank in the possession of an admirable woman for a wife, the present queen of the french being, in all respects, a lady of superior intelligence and virtue; properties which are luckily confined to no condition of life, and to no country or creed. she has shared in all her husband's troubles during the last eventful forty years, and now adorns that throne which the exigencies of the times demanded that he should fill if the french monarchy was to be preserved. her attention to her children has been unremitting, and the result is, that high though their position be, a more united household nowhere exists. spain. the ministry has been on the point of dissolution. general serrano, angered at the contempt shown to his denunciations and lists of conspirators, by the home minister, caballero, gave in his resignation. general serrano demanded the dismissal from madrid of more suspected persons. senors olozaga and cortina intervened, however, and made up the quarrel, ordering the _gazette_ to declare that the most perfect harmony reigned in the cabinet. this the _gazette_ did. mr aston has demanded his audience of leave, and quits madrid on the 15th. grenada has blotted the name of martinez de la rosa from its lists of candidates, though he had formerly been elected for that place. m. toreno is expected at madrid. senor olozaga sets out for paris, to try and persuade christina to be patient, for that her presence previous to the elections would rather militate against her party. at madrid the anniversary of the revolution of 1840, which drove queen christina from the regency, was celebrated by a _te deum_, chanted in the church of san isidro, on the 1st, and at which assisted the ayuntamiento and provincial deputation. barcelona has been in open insurrection, and a sanguinary conflict commenced on the evening of the 3rd, which continued with intermissions till the 6th. later intelligence stated that the town still held out. on the 8th the state of things at barcelona was nearly the same. one of the great accusations of mm. prim, olozaga, and the french party, against the regent was, that instead of carrying barcelona and other towns by storm, he fired upon them with muskets and with cannon. generals arbuthnot and prim have pursued precisely the same course, and we see montjuich again throwing bullets upon barcelona, and with all this making no progress in its reduction. accounts from barcelona of the 8th, mention that several mansions were damaged. three cannon shots had traversed the apartments of the british consul. prim's own volunteers of reus had taken part against him, and many of the towns had declared for the central junta. a rural junta of prim's had been surprised at sarria, and several of its members slain. a central junta had been formed at girona. madrid letters of the 5th state that government were about to dismiss a great many superior officers and functionaries opposed to them. the partisans of don francisco have decidedly joined the esparterists. austria and italy. the _siã¨cle_ says that austria was much alarmed at the state of italy. "the necessity which austria finds to defend her italian possessions by arms is highly favourable to the projects of russia against the danubian provinces of the ottoman empire." the _national german gazette_ of the 8th instant states, that the fortifications of verona are being considerably strengthened. the heights surrounding the town are to be crowned with towers _ã  la montalembert_, so that the city will become one of the strongest fortresses in italy. the hungarian infantry, of which the greater part are cantoned in upper italy, are actively employed in the construction of the fortifications. turkey. constantinople, august 23.--petroniewitch and wulchitch have at length consented to leave servia, and are probably at this time in widin, on their way, it is said, to constantinople. the province has been confided to the care of baron lieven and m. vashenko, who are the actual governors. but the most important feature in the question is a note which the ex-prince michael has addressed to the porte. he declares that the election of alexander kara georgewitch was brought about by violence and intimidation, and that he and his ministers are the only faithful servants of the porte, and, consequently, the only persons fit to govern servia. it is generally believed that the russians have been privy to this step, and that it is their intention to put forward michael a second time in opposition to alexander. a daughter was born to the sultan on the 17th. she has been named _jamileh_, or the beautiful. the event has been celebrated by the usual illuminations and rejoicings. the sultan has been the father of nine children, seven of whom, two sons and five daughters, are now living. egypt. it is said that a misunderstanding exists between mehemet pacha and his son ibrahim, relative to the succession to the throne of egypt; mehemet proposing that abbas pacha, his grandson, should succeed after the death of ibrahim, whilst the latter would wish his own son to succeed him. united states. arrival of the "hibernia" at liverpool, on wednesday.--great interest has been excited here for some days past respecting the voyage of the _great western_ and the _hibernia_, the former leaving new york on the 31st ult., and the latter, boston on the 1st. the betting has been in favour of the _hibernia_, and she has again beaten her great rival. on tuesday, at midnight, her lights were seen off the port, and at one o'clock she entered the river, after another rapid passage of nine days from halifax, and eleven from boston. the news by this arrival is from new york to the 31st, boston to the 1st, and halifax to the 3rd; sixteen days later than previously received by the new york packet ship, _liverpool_. the _new york american_, in its summary for the packet, says:--our commercial and money markets continue without sensible change, both abounding in supply without any corresponding demand. the trade of the interior is prosecuted cautiously, and for money in hand. political affairs are exceedingly dull and uninteresting; even the irish repeal speakers are quiet. the progress of the pacification between mexico and texas, and mexico and yucatan, is slow and somewhat uncertain. the president of texas, general houston, has dismissed commodore moore and captain sothorp from the naval service for disobedience of orders. indeed, the texan navy may be said to have been disbanded. the people of galveston thereupon gave moore a public dinner, and burnt their president in effigy! the mexican government has formally complained to the united states minister at mexico, of the inroads of certain citizens of illinois, missouri, and arkansas, into the mexican territory. advices from buenos ayres to the end of june, describe monte video as still holding out; and it was reported in buenos ayres that the british commodore would at length allow commodore brown, the buenos ayrean commander, to prosecute the siege of monte video by sea, in conjunction with oribe by land. a new constitution has been agreed upon by the republic of ecuador, establishing the roman catholic religion as the state religion, "to the _exclusion_ of all other worship," and the bishop of quito, in an address to which the people responded favourably, proposed that "ecclesiastics should be henceforth made sole judges in all questions of faith; and be invested with all the powers of the extinct tribunal of the inquisition!" the bishop then published a "pastoral lecter," to "make known the glad tidings." and yet the people of ecuador, without religious freedom, call their country a free republic! philadelphia.--the president has returned from his country seat to washington, and although some alterations in the cabinet are spoken of, still the results of the august elections, showing that a majority in the united states senate will be whig, have produced a pause in the contemplated changes. indeed, people are beginning to complain, and not without reason, of such frequent changes in important offices. for example, within three years there have been three secretaries of state, three of war, three of the treasury, three of the navy, three attorneys-general, and three postmasters-general. some of them have really not had time to learn their duties, and they have been succeeded by others who knew still less of the duties and responsibilities of office. canada. sir c. metcalfe has returned to the seat of his government at montreal. the emigrants from great britain arrived this season at quebec, up to the 19th ult., were 18,131; same time last year, 38,159. a few days ago, a party of irish labourers, who had received, as they supposed, some offence from a few canadians, at beauharnois, attacked and nearly killed two respectable old inhabitants, who had nothing to do with the affair. another great fire at toronto has burnt about twenty houses; and the methodist meeting at waterloo has been burnt down by some incendiary. the crops in both the canadas are abundant. american coarse cottons are sold there in great quantities, at a lower price than european goods of the same class. * * * * * arrival of the emperor of russia at berlin.--the emperor of russia arrived on the 6th instant at berlin. the disturbances at bologna.--a letter from bologna, september 2, in the _debats_, says:--"notwithstanding the nomination of a military commission, and the display of numerous forces, some armed bands have again appeared, as is reported, in our province. one was commanded by a priest at castel-bolognese (district of ravenna). this state of things does injury to trade and business of every description. the greatest number of depositors have withdrawn their funds from the savings' banks. a circular has been sent round to all the mayors of the province, giving a description of eight persons, for the arrest of each of whom a sum of 300 crowns (1,700f.) is offered." colonies and emigration. emigration during the last seventeen years.--from a return furnished by the emigration board, it appears that the number of emigrants from england and wales, in the seven years from 1825 to 1831, were 103,218, or an average of 14,745 yearly; in the ten years from 1832 to 1841, 429,775, or 42,977 per annum. total number in the last seventeen years, 532,993; or an average for that period of 31,352. but the rate of emigration has greatly increased of late years, as is shown by the fact, that while the emigration of the seven years ending 1831 averaged only 14,745 per annum, that of the last ten years (ending 1841) averaged nearly 43,000 per annum. new south wales.--the monetary and commercial disasters which have afflicted this important colony are most serious, and they are thus alluded to by the colonial press:--"our next mail to england will carry home the tidings of fresh disasters to this once flourishing colony. the fast growing embarrassments of 1841, and the 600 insolvencies of 1842, have been crowned in the first third of the year 1843, by the explosion of the bank of australia, then by the minor explosion of the sydney bank, and, last of all, by the run on the savings bank. these three latter calamities have come in such rapid succession, that before men's minds recovered from the stunning effect of one shock, they were astounded by the sudden burst of another; and we are convinced that at the present moment there is a deeper despondency and a more harrowing anticipation of ruin to the colony than ever existed before since the landing of governor philip, in 1788."--the run upon the savings bank at sydney originated, it is said, from malice against mr george miller, the accountant, whose exertions had been very useful in exposing the mismanagement of the bank of australasia. reports were circulated that the governor had gone suddenly down to the savings bank and demanded a sight of all the bills under discount and mortgages, and that his excellency declared that he would not give three straws for all the securities put together; but this statement regarding his excellency is flatly contradicted. many of the largest holders of land and stock in the colony are said to be so irretrievably embarrassed, by reason chiefly of the high prices at which their investments were made, that their property must go to the hammer without reserve. the present time is, therefore, held out as a favourable opportunity for emigrants, with moderate capital, to make their purchases. it is broadly declared that 500_l._ would go as far now in new south wales, in the purchase of land and live stock, as would 5,000_l._ four or five years ago. australia has been, in some respects, unlucky in its colonization. new south wales has hitherto flourished from its abundant supply of convict labour, at the expense of those higher interests which constitute the true strength and security of a state. western australia was planted with a sound of trumpets and drums, as if another _el dorado_ were expected. but the sudden disaster and discredit into which it fell, linked the name of swan river with associations as obnoxious as those which were once inspired by the south sea or missisippi. south australia, again, planned on principles which are universally recognised as containing the elements of sound and successful colonization, has also proved a failure. one of the newest and most enterprising of our australian settlements, that of port philip has been sharing with sydney in the recent commercial distress and calamity; and though it is already getting over its troubles, it must undergo a painful process before it can lay an unquestioned claim to its title--australia felix. land jobbing; banking facilities at one time freely afforded, and at another suddenly withdrawn; ventures beyond the means of those engaged in them; imprudent speculations, in which useful capital was either rashly risked or hopelessly sunk--these unquestionably have been amongst the causes which have brought on the commercial disasters of new south wales. it is seldom advantageous for an emigrant, newly arrived, to become a proprietor of land in any part of australia, unless his capital be considerable; but the eager desire to become possessed of the soil overcame all prudential considerations; land at port philip was eagerly bought, at prices varying from 12_s._ to 500_l._ in 1840 the influx of moneyed immigrants from england and van diemen's land, to a newly-discovered and extensive territory, produced a land fund exceeding the sum of 300,000_l._, and engagements were entered into by the colonial government, on the faith that the land fund would produce annually a large amount, but in 1841 it fell down to 81,000_l._; and though in 1842 as much as 343_l._ 10_s._ per acre was given for building ground in the town of brisbane, district of moreton bay, it was impossible for this to continue; and even for valuable lands in the neighbourhood of sydney, in the very same year, wholly inadequate prices were obtained. the colonial government became embarrassed by the expenditure exceeding the revenue; and in 1842, sir george gipps, in an official despatch, says, "pecuniary distress, i regret to state, still exists to a very great, and even perhaps an increased, degree in the colony, though it at present shows itself more among the settlers (agriculturists or graziers) than the merchants of sydney. when, however, i consider the vast extent to which persons of the former class are paying interest, at the rate of from 10 to 15 per cent., on borrowed money, i can neither wonder at their embarrassments, nor hope to see an end to them, except by the transfer of a large portion of the property in the colony from the present nominal holders of it to other hands, that is to say, into the hands of their mortgagees or creditors, who, in great part, are resident in england." this official prophecy is now in the act of fulfilment; and when the storm has spent itself, the colony may be prosperous again. cape of good hope.--the want of government protection which is felt by the british resident at the cape of good hope is well illustrated by the following extract from a letter addressed by the writer to his family at home:--"i am sure i shall be able to get on well in this country if the caffres are only prevented from doing mischief, but if they go on in the present way, i shall not be able to keep a horse or an ox, both of which are indispensable to a farmer. now i can never assure myself that when i let my horses go i shall see them again. it is a disgrace to our government that we are not protected. as it is, all our profits may be swept away in one night by the marauders." new zealand.--we understand a box of specie was placed on board the _thomas sparkes_, in charge of the captain, for mr chetham. on the owner opening the box, he discovered to his great surprise that, by some unaccountable process on the voyage, the money--gold, had been turned into one of the baser metals--iron. it is stated that the steward left at plymouth, and the first and second mates whilst the vessel was detained at the cape, but whether they had any agency in the transmogrification of gold into iron remains to be proved.--_new zealand gazette_, feb. 4, 1843. political. the abortive commercial negotiations with spain.--senor sanchez silva, known for his speeches in the cortes, as deputy for cadiz, has published, in an address to his constituents, an account of the negotiations between the spanish and british governments relative to a treaty of commerce. the effect of this publication will be to undeceive the minds of spaniards from the idea that the regent's government was about to sacrifice the interests of spain, or even of catalonia, to england. the terms proposed by the spanish commissioner were, indeed, those rather of hard bargainers than of men eager and anxious for a commercial arrangement. senor silva says that england, in its first proposals, demanded that its cottons should be admitted into spain on paying a duty of 20 per cent., england offering in return to diminish its duties on spanish wines, brandies, and dried fruits. but england, which offered in 1838 to reduce by one-third its duty on french wines, did not make such advantageous offers to spain; and the spanish negotiators demanded that 20 per cent. _ad valorem_ should be the limit of the import duty of spanish wines and brandies into england, as it was to be the limit of the duty on english cottons into spain. this demand nearly broke off the negotiation, when spain made new proposals; these were to admit english cottons at from 20 to 25 per cent. _ad valorem_ duty, if england would admit spanish brandies at 50 per cent. _ad valorem_ duty, sherry wines at 40 per cent., and other wines at 30 per cent., exclusive of the excise. moreover, that tobacco should be prohibited from coming to gibraltar, except what was necessary for the wants of the garrison. the english government, in a note dated last month, declared the spanish proposals inadmissible. if the spanish government did not admit the other articles of english produce, the duty on spanish wines could not be reduced. english cottons were an object of necessity for the spanish people, and came in by contraband; whereas spanish wines were but an article of luxury for the english. senor sanchez silva concludes, that it is quite useless to renew the negotiations, the english note being couched in the terms of an _ultimatum_. correspondence and answers to inquiries. london, september 13, 1843. sir,--i have read your preliminary number and prospectus, and the first number of your new periodical, the economist, and it gives me pleasure to see the appearance of so able an advocate of free trade, the carrying out the principles of which is so necessary for the future welfare and prosperity of the country, and the relief of the distress which is more or less felt in all the different departments of industry. i belong to the class who have their sole dependence in the land, and have no direct interest in trade or manufactures; and feel as strong a wish for the prosperity of agriculture as the duke of buckingham, or any other of the farmer's friends; but i consider the interests of all classes of the community so intimately connected, and so mutually dependent on one another, that no one can rise or prosper upon the ruins of the others. like your northumberland correspondent i am fully convinced of the impolicy and inefficiency of "restrictive corn laws," and of the benefit of "the free-trade system" for the relief of the agricultural, as well as of the manufacturing, the shipping, or any other interest in the country; and i should also be glad if i could in any way assist "in dispelling the errors respecting the corn trade that have done so much harm for the last twenty (eight) years." the intention of the corn law of 1815 was to prevent the price of wheat from falling below 80s. per quarter; and it was the opinion of farmers who were examined on the subject, that less than 80s. or 90s. would not remunerate the grower, and that if the price fell under these rates, the wheat soils would be thrown out of cultivation. prices, however, fell, and though they have fallen to one half, land has not been thrown out of cultivation. various modifications have since been made in the scale of duties, but always with a view to arrest the falling prices in their downward course; but all these legislative attempts have been in vain; and so far as the farmer trusted to them, they have only misled him by holding out expectations that have not been realized. but though the corn laws failed in keeping up the price of corn as high as their framers and supporters wished, they succeeded so far as to enhance the price of this first necessary of life, and make it perhaps 20 or 30 per cent. dearer than it otherwise would have been to all the consumers, even the poorest tradesman or labourer in the country. if the difference which the agriculturists were enabled, by this monopoly, to obtain at the expense of the other classes, had all been pure gain, without any drawback, they must have been in a comparatively flourishing condition; but we find this is not the case, and what is the reason? let us hear sir robert peel's answer to the question. in his speech in parliament on mr villiers's motion, when replying to the accusations that had been made by mr blackstone and other members on his own side of the house, that he had deceived the agriculturists, as the government measures, instead of affording them the protection that was promised, had brought down prices and rendered their situation worse than before, sir robert says, it was not the government measures that had brought down prices and occasioned the agricultural distress, but that this arose from the _condition of the manufacturing districts, and the general distress from bad trade and want of employment, which rendered the people unable to consume_. if this, then, is the true cause of the agricultural distress,--if the corn, sugar, and other monopolies are so injurious to the manufacturing and commercial classes, who are the agriculturists' best, and, indeed, their only customers, as to render them unable to consume, it is not to class legislation that we can look for relief. in order to relieve the agricultural distress there is no other way than to relieve the distress of those on whom they depend for a market for their productions. were the farmer (or rather the landed proprietor) to gain all that the consumer loses by the corn monopoly,--if it were only taking from one, and giving to another--without any national loss; though this of itself would be bad enough,--it is perhaps the smallest part of the loss which the manufacturer sustains; for the same law which hinders him from going to the best and cheapest market to purchase his food, at the same time necessarily excludes him from a market for the produce of his industry; and by diminishing the demand for his labour, lowers his wages or throws him out of employment. but one abuse leads to another. those who are interested in the corn monopoly, or think themselves so, cannot well oppose the sugar monopoly while they require the aid of the west india planters to enable them to obtain this advantage at their country's expense; and so it is with all the other monopolists, they naturally unite together, and it requires their mutual aid and all their combined power and influence to preserve a system which they know stands upon rather an insecure foundation, and if once broken in upon would soon fall to pieces; and thus it is that we are subjected to the sugar monopoly, and though it is manifestly our interest to buy this important necessary of life (as well as every other) in any quarter of the globe where we can find it best and cheapest, we are restricted to a small portion of the earth's surface, and have to pay a third part more than we might obtain the article for without any loss to the revenue. by this narrow-minded system of buying, we deprive ourselves of valuable markets for our manufactures, as you have shown is likely to be the case with the brazils on the expiry of the commercial treaty with that country if the matter is left in the hands of ministers, "and no effort made to avert so great an evil." the agriculturists have to pay directly for this monopoly in common with all the other classes in the addition to the price of the sugar they consume; but the manufacturers suffer the still greater disadvantage of having the market for the produce of their labour narrowed, and thus the agriculturist will also suffer indirectly by their customers being thereby still farther disabled to consume. but these and all other monopolies and restrictions in trade not only lessen the demand for our manufactures abroad, but they diminish the consumption at home, to an extent greater perhaps than we are aware of; for there can be no doubt that the more the consumer has to pay for his bread, sugar, and other articles of food, the less he will have to spare for cottons, woollens, and other manufactured commodities. the demand for his labour is thus lessened both at home and abroad. the weaver of cloth may be unable to obtain a coat even of his own manufacture, however necessary it may be for his health and comfort; he must have food, in the first place, being more indispensibly necessary to his existence,--no doubt he may have to content himself with a less quantity than he could have wished, and have to substitute oatmeal and potatoes, or some other inferior food for wheaten bread and butchers meat; still, it is less in his power to curtail the consumption of agricultural produce than of manufactures, so that the manufacturing classes suffer from the general distress which renders the people unable to consume in a greater degree than the agriculturist. r.t.f. * * * * * to the editor of the economist. darlaston, september 8, 1843. sir,--twelve months ago the editor of the _morning chronicle_ allowed a letter of mine, referring to the distress then prevailing in this town, to appear in that journal; in it i stated that for our annual wake only twenty-four cows had been killed, when but a few years previously ninety-four had been slaughtered on a similar occasion. perhaps you will permit me to state in your columns that this year the festival, in this particular, has afforded as melancholy and unquestionable proof of distress as the last, while it bore other evidence, which though trivial in itself, is not unworthy of notice. last year two theatrical shows visited us, displaying their "red barn" tragedies, and illuminated ghosts, at threepence per head, at which they did well; as also did a tremendous giantess, a monstrously fat boy, and several other "wonderful works of nature:" this year only one show of any description attended, and that, with kings and queens, and clowns, as well dressed and efficient, and ghosts, as white and awe-inspiring as ever paraded before an audience, has reaped but an indifferent harvest at the "low charge of one penny each;" while the swing boats and wood horses, patronized with such glee by the miniature men and women attending and enjoying wakes and fairs, only worked half time. the physical-force majority in the house, and their aiders and abettors, were they to see this, would perhaps laugh at the petty details, but their doing so would not in the least detract from their truth, or render questionable for a moment the deductions i make from them,--that poverty is so wide spread and bitter that the poor are compelled to make a stern sacrifice of innocent amusements; that the parent cannot exercise the holiest affections of his nature, by adding to the pleasures of his lisping little ones; that the landowners' corn law, by its paralyzing influence, is rapidly withering the great mass of the industry of the country into idle, dispiriting pauperism. from inquiries i have made i learn that through the country generally the wakes, and fairs, and races, have presented similar features to those i have described above, so far as money goes. and in face of the distress, of which these things bear glaring witness, the prime minister says "that the distress has been produced by over-production." can sir robert be serious when he talks of "over-production?" if he be, and will condescend to honour me with a visit during his stay at drayton manor, which is only a short drive of sixteen miles from here, i will show him that the opinion is fallacious. he shall dispense with his carriage for a short time, and i will walk him through all the streets of darlaston, wednesbury, willenhall, bilstow, &c., and, forsaking the thoroughfares frequented by the gay and well-to-do, he shall visit the back streets--in which carriage passengers never deign to go--of birmingham, wolverhampton, and walsall, and what he will witness in the course of the short ramble will "change the spirit of his dream." in darlaston, as a sample of what he would see, there are hundreds of men and women whose clothes, made of the coarsest materials, are patched, and threadbare, and valueless; hundreds of houses without anything in them deserving the name of furniture; hundreds of beds without clothing, and hundreds of children whose excuses for clothes are barely sufficient, with every contrivance decent poverty can suggest, to cover the body as civilized society demands. in the towns i have enumerated, in fact, if the least reliance may be placed in newspaper reports, in every town and village in the country the same want prevails to a much greater extent than can be conceived by such as sir robert, "who fare sumptuously every day,"--aye, even to a much greater extent than is generally supposed by the above-want dwellers in large towns whom business may frequently bring in contact with those who toil. with the millions, then, who in this country must be next to naked, without furniture in their houses, without clothes to cover their straw beds, is it not the nonsense of nonsense to talk of "over-production." enable these men to satisfy the wants of themselves and families, enable them to make their homes comfortable, and that alone would find employment for a goodly number, while those so employed would also be enabled to purchase the articles others are engaged in manufacturing. to produce so desirable a result, nothing is wanted but free trade repeal the corn and provision laws, and the shadow of "over production" could not exist: in three months there is not a man in the kingdom who would not have full work. and when we had supplied the physical wants of our population (a greater task than it appears at the first view), we should have introduced from every corner of the world the luxuries which refine civilization; the artisan building himself a house would then make it more comfortable and healthy, with wood floors, carpets, better furniture, &c.; and the master manufacturer erecting a house would have marble stairs and floor in his entrance hall, doors, &c. of mahogany, furniture, of rarer woods, and ornaments of marble, paintings, plate glass, &c.; and when all these things were procured, "over-production" would be still as far behind us as during their acquisition, as we would then work but three days a week instead of six, as with so much labour we should be able to procure the necessaries and luxuries of life. and all nations would be compelled to minister to our real and created wants, for england is the only nation in the world incapable of internally supplying its inhabitants with food, and therefore, under free trade, has the command of the markets of the whole world. then the english merchant going to, say america, to dispose of manufactures need not fear the merchant of france, belgium, germany, &c., he may meet there with similar goods; for the american asking each what he requires for the articles offered, is told by the former, "i will take your surplus corn in exchange, we want every year from six to ten millions of quarters;" and this latter answers, "we have more corn at home of our own growth than we can consume, i must have cash;" the american, preferring barter, will turn on his heel and trade with the englishman; the unsuccessful applicant takes back his goods, or visits the market no more, and confines his future operations to the home supply of his own country, which in a short time, from competition and want of a foreign outlet, fail to realise a remunerating profit; trade is gradually relinquished; the people turn again to the more extensive cultivation of the land, and england obtains another customer. this is no "castle building," if there be the least affinity between the results of great things and small ones. if a grocer want a coat he will have it from the tailor who will take sugar and tea in payment, in preference to patronising one who requires pounds shillings and pence, and the owners of land in all countries will take right good care that they derive some sort of revenue from their possessions. i say, i think my premises are no "castle buildings;" neither do i think i am indulging in aerial erections when i predict that, under free trade, england, with her capital, and energy, and enterprise, would shortly become the world's granary, profitably supplying from her accumulated stores the deficiencies resulting from bad harvests, or other casualties of her continental neighbours. your obedient servant, g.w.g. * * * * * _we are much obliged to j. livesay, of preston, for his suggestion, which, however, if he compare the_ economist _with other weekly papers he will perceive to be unnecessary. we presume we are indebted to mr livesay for copies forwarded of his excellent little paper the_ struggle. * * * * * r.b., bristol.--_from the great press of room last week we were obliged to omit everything that did not appear of very pressing haste. in the preliminary number we have used no statistics but such as we have derived from official sources, and we shall always be glad to give the authority on which any statistical statement is made. the statement of the quantity of sugar exported from java and madeira, page 10 of the preliminary number, will be found in part viii, 1838, page 408, of the_ tables of population, revenue, commerce, &c., _presented by the board of trade to both houses of parliament, from 1826 to 1837;--and the quantities, from 1837 to 1841, are derived from the dutch official accounts._ h.h., s---court, london.--_the returns showing the quantity of flax imported up to the 5th of august, viz., 774,659 cwts., are official, but do not distinguish the ports from which it was shipped. the latest year for which such distinction has been made to this time is for the year 1841; for which, or any preceding year back to 1832, we shall be glad to furnish the particulars: for example, in 1840 the imports of flax and tow were--from_ cwts. russia 870,401 denmark 1,094 prussia 135,590 germany 8,105 holland 113,108 belgium 80,748 france 43,295 gibraltar 19 italy and the italian islands 746 the morea 3 turkey 107 egypt 12 united states 1 guernsey, &c. 11 -------- total 1,253,240 c.d.f.----, near rochdale.--_the question connected with the new customs amendment bill has engaged our best attention, but its investigation has raised two or three very nice points of international law, on which we are now taking the best opinion which can be obtained, and before our next number we shall be able to give a reply as satisfactory as can possibly be obtained from any quarter on this important but very nice question. we have now before us the whole of the particulars of the treaties in question, but we wish to make our reply valuable by giving the best legal construction on some disputable points. this, however, is only another of those daily evidences which we have of the absurdity and inconvenience of a great commercial country like this attempting to regulate its laws and transactions by treaties, which, however convenient they may be when made, may, by the ordinary course of events, be rapidly changed._ postscript. london, _saturday morning, september 16, 1843_. stock exchange, half-past eleven o'clock. there is little or no variation in english stock: mexican, which left off yesterday at 35-5/8 to 7/8, is now 33-3/4 to 34. brazilian, which left at 73 to 75, is now 74 to 76. in other foreign stocks there is no alteration worth notice. liverpool, friday evening, september 15, 1843. an active demand has been constantly kept up all the week, and a large business has been done daily. so far, however, it has been freely met by the holders; and the speculators and spinners have had an abundant choice of all qualities. in american descriptions there is but little change in prices; the tendency, has been and still is in favour of holders; and it has been thought necessary to raise the quotations of "fair" uplands and mobile to 4-7/8d.; but there is so little actual change, that for the most part, the quotations remain as before. brazils, egyptian, and long stapled generally, have been more in demand, and may be considered 1/8d. higher. sea islands also within the fortnight are 1/2d. higher, making an advance in the ordinary to fair qualities from the very lowest point of 1-1/2d. to 2d. per lb. a considerable part of the speculative business of this week has been prompted by the accounts from the united states, brought by the _hibernia_ and _great western_, the tenor of which is to confirm the previous impression as to short crops. 19,800 american, 100 egyptian, and 300 surat have been taken on speculation; and 1,000 american, 300 pernam, and 200 surat for export. the following is the statistical review of our cotton market:- taken for consumption: for export: from 1st jan. to 15th sept. 1842. 1843. 1842. 1843. 794,500 bales. 946,500 bls. 66,500 bls. 65,900 bls. whole import: 1842. 1843. 1,024,141 bls. 1,401,278 bls. computed stock. average weekly consumption. 15th sept. 1st jan. to 15th sept. 1842. 1843. 1842. 1843. 593,000 bls. 834,000 bls. 21,556 bls. 25,689 bls. for sugar there is rather more inquiry, at steady prices.--coffee; the sales of plantation trivial without change of price.--indigo, price firm at the advance of 3d. to 4d., established at public sale yesterday.--tea; the market remains rather firm, and a moderate business has been done at previous rates. in other articles of produce a fair amount of business has been done, without any particular features to remark. grain.--there has been rather more demand for old wheat, and prices for this and all other articles in the trade are supported. duty has been paid on nearly the whole of the bonded stock, and the rate is now on the advance. * * * * * the papers of this morning do not contain any intelligence of the slightest novelty or interest. her majesty and prince albert are enjoying themselves at ostend in the society of their august relatives, the king and queen of the belgians. to-day (saturday) the royal party go to bruges; on monday to brussels; on tuesday to antwerp; and on wednesday return to england. barcelona is still in a state of insurrection; and though madrid is tranquil, the state of spain, as the _times_ remarks, is one of "simple confusion." the malta correspondent of the _morning chronicle_ says that a report had been current at bombay that it was the intention to order the next steamer for the overland mail to keep her direct course, in spite of the monsoon. the monsoon had, no doubt, driven her back. wales continues in a distracted state, and acts of incendiarism are common. the extraordinary verdict given by the inquest jury on the body of the unfortunate old woman who was shot, is the subject of general remark, as strikingly evincing the terrorism which prevails. there is even talk of the necessity of putting the country under martial law! the very remarkable meeting held by messrs cobden and bright, at oxford, on wednesday last, is the theme of general conversation in society. it is, indeed, a very striking evidence of the progress of free-trade principles amongst the agriculturists. the _leeds mercury_ of this morning, and other provincial organs of public opinion, in the great seats of our commerce and manufactures, all speak in cheerful terms of the decidly-improving prospects of trade. the latest from the american press on free trade--aug. 24th. the corn-law controversy.--a friend has placed in our hands numbers of the tracts which the corn-law reformers of england circulate among the people. they are about the size and length of the religious tracts of this country, and are put up in an envelope, which is stamped with neat and appropriate devices. these little publications comprise essays on all the topics involved in the corn-law controversy, sometimes in the form of dialogues, sometimes of tales, and sometimes of extracts from famous books and speeches. the arguments are arranged so as to be easily comprehended by the meanest capacities. the friend to whom we are indebted for these is well informed on the subject, and says that a more advanced state of opinion prevails among the people of england, in relation to the operation of tariffs, than in this nation generally so much more enlightened. it is a singular spectacle which is thus presented to the eyes of the civilized world. while the tendency of opinion, under an aristocratic monarchy, is towards the loosening of the restraints under which the labour of the people has long suffered, a large and powerful party in a nation, whose theory of government is nearly a century in advance of the world, is clamouring for their continuance and confirmation. monarchical england is struggling to break the chains that an unwise legislation has forged for the limbs of its trade; but democratic america is urged to put on the fetters which older but less liberal nations are throwing off. the nations of europe are seeking to extend their commercial relations, to expand the sphere of their mutual intercourse, to rivet the market for the various products of their soil and skill, while the "model republic" of the new world is urged to stick to the silly and odious policy of a semi-barbarous age. we look upon the attempt which is making in great britain to procure a revision of the tariff laws, as one of the most important political movements of the age. it is a reform that contemplates benefits, whose effects would not be confined to any single nation, or any period of time. should it be successful, it would be the beginning of a grand and universal scheme of commercial emancipation. let england--that nation so extensive in her relations, and so powerful in her influences--let england adopt a more liberal policy, and it would remove the only obstacles now in the way of a complete freedom of industry throughout the globe. it is the apparent unwillingness of nations to reciprocate the advantages of mutual trade, that has kept back this desirable reform so long. the standing argument of the friends of exclusiveness--their defence under all assaults, their shelter in every emergency--has been that one nation cannot pursue a free system until all others do, or, in other words, that restriction is to be met by restriction. it is a flimsy pretence, but such as it is, has answered the purposes of those who have used it, for many centuries. the practice of confining trade by the invisible, but potent chains of law, has been a curse wherever it has prevailed. in england, more dependent than other nations on the extent of its commercial intercourse, it may be said to have operated as a scourge. the most terrible inflictions of natural evil, storms, famine, and pestilence, have not produced an equal amount of suffering. indeed, it has combined the characteristics of the worst of those evils. it has devastated, like the storm, the busy hives of industry; it has exhausted, like famine, the life and vital principle of trade; and, like the pestilence, it has "walked in the darkness and wasted at noon-day." when we read of thousands of miserable wretches, in all the cities and towns of a great nation, huddled together like so many swine in a pen; in rags, squalor, and want; without work, bread, or hope; dragging out from day to day, by begging, or the petty artifices of theft, an existence which is worthless and a burden; and when, at the same time, we see a system of laws, that has carefully drawn a band of iron around every mode of human exertion; which with lynx-eyed and omniscient vigilance, has dragged every product of industry from its retreat to become the subject of a tax, can we fail in ascribing the effect to its cause, or suppress the utterance of our indignation at a policy so heartless and destructive? yet, this is the very policy that a certain class of politicians in this country would have us imitate. misled by the selfish and paltry arguments of british statesmen, but unawed by the terrible experience of the british people, they would fasten upon us a system whose only recommendation, in its best form, is that it enriches a few, at the cost of the lives and happiness of many. they would assist a constrictor in wrapping his folds around us, until our industry shall be completely crushed. * * * * * st olave's church.--the rebuilding of this church in the early part of the last century cost the parishioners a less sum than the organ. the old church having fallen down, the new one (that recently destroyed by fire) was erected by raising an annuity of 700_l_., and the granter died after receiving the first half year's payment of 350_l_. the organ was the most ancient instrument in the metropolis. free-trade movements. messrs cobden and bright at oxford.--important meeting of freeholders and farmers of that county. as we stated last week, announcing the intention, mr cobden and mr bright visited oxford on wednesday, for the purpose of addressing the freeholders and farmers of the county on the subject of the corn laws. very considerable excitement had prevailed in the city and the surrounding districts in consequence of the proposed visit of mr cobden, but it does not appear that the landowners on the present occasion, through the medium of the farmers' clubs and agricultural associations, thought fit to get up an organised opposition, similar to that at colchester, or interfere to prevent their tenants from attending, as at reading. the consequence was a very large number of farmers were present at the meeting, although it is well known that the harvest is not in such a state of forwardness as to allow them to absent themselves from their ordinary occupations without considerable inconvenience. it is a circumstance worthy of notice, and strongly indicative of the present state of public feeling upon the subject, that in a purely agricultural district, at a county meeting regularly convened by the high sheriff, the whole of the county members being present, two of whom spoke in favour of protection, supported by many influential men of their own party, no person ventured to propose a resolution in favour of the present corn law, and that even the resolution for a low fixed duty made by two of the most popular men and largest landed proprietors in oxfordshire, lord camoys and mr langston, was supported by only three or four individuals out of a meeting of nearly 3,000 persons. early in the morning, a protectionist champion presented himself, not in the guise either of a freeholder or farmer of the county, but in the person of a good-humoured, though somewhat eccentric printer, named sparkhall, who had come from the celebrated _locale_ of john gilpin--cheapside, and who having armed himself with a large blue bag fitted with elaborate treatises upon the corn laws, and among other pamphlets a recent number of _punch_, forthwith travelled to oxford, and by the kind permission of the meeting was permitted to essay a speech, about what nobody could divine, and in a manner truly original. it is, however, due to the monopolists of oxfordshire to state that they did not accredit their volunteer champion, and even went so far as to request that he would "bottle up" his eloquence for some future opportunity. at two o'clock, the hour appointed for the proceedings to commence, the county hall, which is capable of containing 1,800 persons, was nearly filled. mr cobden and mr bright, who had been dining at the farmers' ordinary, held at the roebuck hotel, arrived shortly after two, and were accompanied to the place of meeting by a large number of influential farmers and leading agriculturists, who had met the honourable members at the market table. they at once proceeded to the gallery, where, among others at this time, were lord camoys, of stonor hall, oxon; the three members for the county, lord norreys, mr harcourt, and mr henley; mr langston, m.p. for the city of oxford; mr thomas robinson, banker; mr charles cottrell dormer, mr j.s. browning, mr w. dry, mr w. parker, captain matcham, rev. dr godwin, rev. w. slatter, mr richard goddard, mr h. venables, messrs grubb, sadler, towle, weaving, harvey, &c. on the motion of lord cambys, seconded by mr langston, m.p., mr samuel cooper, of henley-on-thames, under-sheriff for the county, was, in the absence of the high sheriff, called to the chair. the chairman said he regretted very much that the high sheriff was prevented from attending the meeting, which had been convened in consequence of a requisition presented to the sheriff by several freeholders of the county. having read the requisition, he introduced mr cobden, who proceeded for some time to address the meeting on the fallacy of the present corn law as a protection to the farmer, amid frequent cries for adjournment, in consequence of the crowded state of the hall, and mr sadler having intimated that several hundred persons were waiting at the castle green, at which place it had been generally expected the meeting would ultimately be held, moved its adjournment to that spot, which was immediately agreed to. several waggons had been brought to the green, for the purpose of forming a temporary platform, and the meeting being again formed, mr cobden resumed, and, in his usual powerful manner, explained the influence of the corn law upon the tenant, farmer, and farm-labourer, urging the necessity of free trade as the only remedy for agricultural as well as manufacturing distress. the honourable member was loudly cheered during the delivery of his address, which evidently made a deep impression on the large proportion of his auditory. mr sparkhall then came forward. mr cobden having kindly interceded to obtain him a hearing, and having duly arranged his books and papers, he at once commanded the serious attention of the meeting, by stating broadly as the proposition he was about to prove--that the repeal of the corn laws would plunge the nation into such a state of depression as must ultimately terminate in a national bankruptcy. after quoting from the honourable and reverend baptist noel, mr gregg, and other passages, the relevancy of which to his proposition no one could discover, he bewildered himself in a calculation, and gladly availed himself of a slight interruption to make his bow and retire. lord camoys next addressed the meeting. he said mr cobden came among them either as a friend or an enemy. if he came as a friend, it was the duty of all to receive him as such; but if as an enemy, then it behoved the farmers of oxfordshire to meet him boldly, and expose the fallacy of his arguments. for himself he (lord camoys) believed mr cobden came as a friend. he was not one of those who were afraid of the anti-corn-law league; but he was afraid of that class who designated themselves the farmers' friends. he thought if they were to give the anti-corn-law league 50,000_l_. a year for fifty years, it would never do half the mischief to agriculture that the farmers' friends themselves had done. (hear, hear.) it was this impression that had induced him to sign the requisition that had been laid before him, for he was anxious that the farmers of oxfordshire should have the benefit of any information that could be given to them on the subject. there were three courses open for discussion. the first was the sliding scale (cries of "no, no"); the second a low fixed duty; and the third, a total and immediate repeal of the corn law. (hear, hear.) he believed the sliding scale was already on its last legs; indeed, it was only defended by a few country gentlemen and fortunate speculators, who had by a lucky chance contrived to realise large fortunes. he was himself for a low fixed duty, and mr cobden advocated free trade. there was not so much difference, after all, between them; but he considered that to apply the principles of free trade to england, would be to apply the principles of common sense to a deranged country, suffering under the pressure of an enormous debt. he thought the english farmer should be placed on a level with the continental corn-grower; but he did not think the mere expense of transit would have the effect of securing this as argued by mr. cobden. with this view he should propose to the meeting the following resolution:--"that the agricultural interest being the paramount interest in this country, to depress that interest would be injurious to the entire community; that suddenly to adopt free trade in corn must produce that effect, and that, therefore, it is the opinion of this meeting that a moderate fixed duty upon the importation of foreign grain is the one best adapted to the present position of the agricultural interest and the welfare of the country." this resolution was seconded by mr langston, m.p., but this gentleman gave way for mr bright, who, upon presenting himself, was received with load cheering. in an eloquent address he clearly demonstrated that the only way in which the corn laws could benefit the farmer was by making food dearer, which could only be done by making it more scarce. that the advantage of such high prices invariably went to the landlord in the shape of rent, in consequence of the immense competition for farms, arising from the increase in the agricultural population, and the difficulty of providing for them in commerce and manufactures, owing to the depressed condition to which they had been reduced by the operation of the corn laws. high prices could only be obtained by the farmer from the prosperity of his customers. in reply to the resolution of lord camoys, the honourable gentleman stated, that with regard to agriculture being the paramount interest of the country, there could be no doubt in every country there must be land for the people to live on, and so far it was the paramount interest; but he denied that anything like half the population of england were engaged in agricultural pursuits. the agricultural interest would not be depressed, nor would the community be injured by free trade. he would put it to the meeting whether they would have a low duty or no duty at all. (loud cries of "no duty.") a fixed duty of 6s. would raise the price that amount, and the whole would go into the pockets of the landlord. the honourable gentleman concluded his address amid loud cheers. lord norreys next spoke in favour of the existing corn laws, attributing the distress under which all classes at present laboured to the over-production of the manufacturers. mr langston, m.p., having replied to his lordship, mr henley, m.p., addressed the meeting at some length, in favour of the present restrictive duties on the importation corn. the honourable member concluded by observing that he had attended the meeting because it had been convened by the high sheriff; and he thanked them for the patience with which they had listened to his observations, though neither he nor his colleagues considered it to be properly designated as a farmers' meeting, the majority present being composed of other classes. mr cobden briefly replied; and mr towle (a tenant farmer) moved the following amendment, "that in the opinion of this meeting the principles of free trade are in accordance with the laws of nature and conducive to the welfare of mankind, and that all laws which interfere with the free intercourse of nations, under the pretence of protection to the agricultural, colonial, or manufacturing interests, ought to be forthwith abolished." the motion having been seconded, was put, and declared to be carried, with only three dissentients. mr henley then proposed, and mr cobden seconded, a vote of thanks to the chairman, who briefly acknowledged the compliment, and three cheers having been given for free trade the meeting separated, having lasted nearly five hours. * * * * * public dinner to r. walker, esq., m.p., bury.--on wednesday week a public dinner was given, in the free-trade pavilion, paradise street, bury, by the electors of bury, to the above-named gentleman, for his constant advocacy of liberal principles in the house of commons. the meeting, though called to do honour to the worthy representative of bury, was emphatically a gathering of the friends of free trade, mr bright, dr bowring, mr brotherton, &c., being present. dr bowring's visit to his constituents.--dr bowring arrived in bolton, on his annual visit, on thursday week. in the course of the afternoon he called upon several of the leading reformers and free-traders of the borough; and in the evening, according to public announcement, he attended at the temperance hall, little bolton, to address the inhabitants generally. the doors of the hall were opened at seven o'clock, and hundreds immediately flocked in. at half-past seven, the hall was crowded to excess in every part. on dr bowring's entrance, he was greeted with loud cheers. the chief portion of the proceedings consisted in the speech of the learned and honourable member, who, as might be expected, dwelt with great power on the question of questions--free trade. we have only room for the following eloquent passage: "the more i see of england, the prouder i am to recognise her superiority--not alone in arms--about that i care little, but in manufacturing arts, the peaceful arts, which really reflect glory on her people. (cheers.) give us fair play and no favour, and we need not fear the strength of the whole world. (hear.) let us start in an honest rivalry--let us get rid of the drawbacks and impediments which are in the way of our progress, and sure i am that the virtues, the energies, the industry, the adventurous spirit of the manufacturers and merchants of england, which have planted their language in every climate and in every region, would make them known as benefactors through the wide world. they are recognised by the black man as giving him many sources of enjoyment which he had not before; by the red man as having reached his fields and forests, and brought to him in his daily life enjoyments of which his ancestors had no notion; by all tribes and tongues throughout the wide expanse of the earth, as the allies of improvement, and the promoters of happiness. sure i am that england--emancipated england--the labourers--the artisans of england, may do more for the honour and reputation of our country than was ever done by all the nelsons and wellingtons of the day. (loud cheers.) i was struck very much, the other day, by the remark of one of the wisest and best men of our times, from the other side of the atlantic, who said, 'i am not dazzled by the great names which i see recorded in high places; i am not attracted by the statues which are raised to the men whom you call illustrious, but what _does_ strike me, what _does_ delight me, what _does_ fascinate me, is to trace the working man of england to his home; to see him there labouring at his loom unnoticed and unknown, toiling before the sun rises, nor ceasing to toil when the sun has descended beneath the mountain. it is _that_ man, the missionary of peace, who forms the true link of alliance between nation and nation, making all men of one kindred and of one blood,--that man upon whose brow the sweat is falling,--that man whose hands are hardened by labour,--that is the man of whom england has a right to be proud--(hear)--that is the man whom the world ought to recognise as its benefactor.' (cheers.) and, gentlemen, in such sentiments i cordially agree, and the time will come when the names of men who are called illustrious, at whose feet we have been rolling out torrents of wealth, whom we have been crowning with dazzling honours--those men will pass away into the realms of forgetfulness, while the poor and industrious labourer, who has been through the world a herald and apostle of good, will be respected and honoured, and upon him future times will look as the real patriot, the real philanthropist, the real honour of his country and of his countrymen." the proceedings were closed by the unanimous thanks of the meeting being given to dr bowring. free trade.--we are glad to learn, from a correspondence in the _liverpool albion_, that w. brown, esq., the head of the eminent house of brown, shipley, and co., of liverpool, has declared his adherence to the cause of perfect freedom of trade, contributing, at the same time, 50_l._ to the funds of the liverpool anti-monopoly association. corn trade of france.--the _moniteur_ publishes the return of the corn trade in france during the month of july, from which it appears that the imports were--wheat, 45,896 metrical quintels; other grain, 23,389; and flour, 613. the exports--wheat, 14,318; other grain, 11,506; and flour, 2,435. the quantities lying in the government bonding stores on the first of august were--wheat, 28,405 metrical quintals; other grain, 9,378; and flour, 11,051. anti-corn-law meeting at hampstead.--the opponents of the corn laws resident at hampstead assembled on tuesday night, in crowded meeting, at the temperance hall of that locality, to hear mr sidney smith deliver an address on the evils of the corn laws. the meeting was the first of the kind since the formation of the new association, and there were several of the respectable inhabitants of the neighbourhood present. mr smith entered at length into the whole question of the monopolies from which the people of this country suffer. he showed, conclusively, and by a reference to facts and comparisons with other countries, that "protective" duties were injurious to the best interests of the community, as they were productive of abridgment of the people's comfort, and of taxation on everything that they could see or touch. he illustrated the advantages that would arise from free trade, by a reference to the great increase of consumption of the article of coffee since the reduction of the duty of half a crown on the pound weight to ninepence; the consumption at that period (1824) having been but eight millions of pounds weight, while at present, it was twenty-eight millions. the learned gentleman, who spoke for upwards of two hours, concluded amid loud cheers. three cheers which were proposed for the charter proved a decided failure; while, on the other hand, three were proposed for a repeal of the corn laws, which were responded to by nearly the whole of the crowded meeting. mr ewart and his constituents.--william ewart, esq., the indefatigable member for the dumfries district of burghs, is at present paying his respects to his constituents, after the recess of what has been to him a laborious session of parliament, however little may have been effected during its course by the government and the legislature. on thursday evening he addressed a large meeting in this town. on friday he visited lochmaben, and on saturday sanquhar, and addressed the inhabitants of both these burghs.--_dumfries courier_. miscellanies of trade. state of trade.--owing to the continued absence of the overland mail, the demand for manufactured goods, and especially for shirtings, has been limited; but, as stocks are low, prices remain tolerably steady. for yarn the demand continues good, and prices very firm, but the spinners are so generally engaged, that no great amount of business has been done.--_manchester guardian_ of wednesday. commercial intercourse between england and the united states.--the circumstances of america are such as to require, for the furtherance of its own interests, a large and extended commercial relationship with england. there is nothing wanting but a movement on our part for the speedy establishment of an unbounded trade. both countries are so situated that they need never become rivals, provided they consent to co-operate with each other. it is because they have not been permitted hitherto so to do that we now hear of an embryo manufacturing system in america. we have already built lowell in new england, and pittsburg in western pennsylvania; and will yet, unless we change our system, drive the enterprising republican to efforts which may be more generally and more permanently successful.--_morning chronicle_. travelling between england and france.--the number of persons who passed from england to france, by boulogne, in the week from 1st to 7th september inclusive, was 2,409, and by calais, 838. it appears that the opening of the southern and eastern railway as far as folkestone has increased the number of travellers between england and france by nearly one-half. the number in august, 1842, was 7,436, while during the past month it has been no less than 10,579, showing an increase of 3,143. steam v. water.--owing to the birmingham and gloucester railway company having reduced their charge for all kinds of goods to 6s. per ton between gloucester and cheltenham; most of the carriers in this city will be compelled to avail themselves of this mode of conveyance, it being impossible for them to compete with the railway company. the consequence will be that some thirty or forty boats will speedily be "laid up in ordinary," to the sorrow of three or four times the number of boatmen, who will of course be thrown out of employ.--_worcester chronicle_. the new tariff.--"the imports of foreign beasts since monday last (one week) have been confined to twenty-five into london by the _batavier_ steamer from rotterdam." (london markets report, september 11.) can any clever master of fractions calculate the effect of this importation on the smithfield market, and the benefit thence accruing to the citizens of london as a set-off to the payment of their income-tax? improvement of trade--rochdale.--the piece market has been uncommonly brisk to-day, and all the goods on hand have been cleared off. at present all the workmen are in full employment, though at very low wages; but a few markets of this kind will have a tendency to get up wages. the ready sale of goods has given a buoyancy to the wool market, and the dealers in the raw material have not been so eager to sell at former prices. state of trade--paisley.--so far as ample employment to all engaged in the staple manufactures of the town is concerned, trade still continues favourable for the workman, but the manufacturers generally complain that, for the season, sales are late of commencing, and many of them are already rather slackening their operations to keep their stocks down. the unexpected procrastination in the commencement of the fall trade is reasonably accounted for by the fineness of the weather. "a merchant of twenty-five years' standing, and an old subscriber," calls attention to the unusual state of things now so long existing in the money market, by the fall in the rate of interest to 1-3/4 and 2 per cent. upon the first class commercial bills. he states that a friend of his has lately lent 100,000_l._ at 1-1/2 to 2 per cent., being the highest rate he could obtain. this condition of the money market he attributes to the large amount of paper money in circulation, compared with the demands of commerce. our correspondent favours us with some figures, illustrative of his views, from november, 1841, to the present month, taken from the _gazette_ returns, and observing that there has been a serious fall in the value of merchandise equal to one-fifth or one-sixth, with some exceptions during the last year and a half, he accounts by the juxtaposition of his figures, denoting the amount of paper in circulation, and this assumed fall in the price of merchandise for the present anomalous condition of the money market, and for the apparent worthlessness of capital. we cannot agree, however, with our correspondent to the full extent, because the very low prices of commodities, with a _minimum_ rate of interest for money, proves that there is no fictitious or inflated excess of paper money. the anomalous state of the money market proceeds, we believe, from a redundancy, not of mere paper, but of capital which cannot find investment, superinduced by stagnation of trade, and the want of commercial enterprise, occasioned by the restrictive nature of our duties on imports.--_morning chronicle._ the accounts from the united states mention that the greatest activity prevails among the manufacturers in their purchases of the raw material for the year's consumption. police. extraordinary charge.--_captain, william tune_, the commander of a steam packet called the _city of boulogne_, the property of the new commercial steam-packet company, on monday appeared at the mansion house to answer the complaint of the directors of that company, by whom he was charged with being privy to the abstraction of four packages, each containing gold, checks on bankers, bank-notes, and bills of exchange, which had been previously booked at the company's office in boulogne, and paid for according to the rates agreed upon by the company, and which, with others, had been entrusted to his care. after evidence had been adduced, mr wire requested that captain tune should be remanded for a week, and stated that the directors being anxious that he should receive as much accommodation as might be consistent with the respectability of his character and the nature of the difficulty in which he was at present involved, were desirous that bail should be taken for his appearance on the next day of investigation.--alderman gibbs: i shall require two respectable securities for 500_l._ each, and captain tune to be bound himself in the sum of 1,000_l._--the captain was then remanded for a week. a curious fact came out on the inquiry as to the value of each package. they were all, it appeared, entered and paid for as containing a sum of money much inferior to what each package really contained. matrimonial advertisements.--an unlucky man, who, in order to get a family by a deceased wife taken care of, had been induced to marry a worthless drunken woman, through the medium of a matrimonial advertisement, applied at union hall for advice, but, of course, nothing could be done for him. awkward predicament.--a man advanced in years, named _david simms_, who was claimed by two wives, and nearly torn in pieces by them, was committed from union hall, on a charge of bigamy. * * * * * singular detection of an extensive swindler.--a man named _william cairnes_, alias _thomas sissons_, with a host of other _aliases_, was placed before the magistrates at the borough court, manchester, charged with one of the most singular attempts at fraud we ever remember to have heard. the prisoner, who was a respectable-looking old man, gave his name _william carnes_. under the pretence of giving employment to a labouring man, on getting specimens of his handwriting, he got him to write his name across two blank bills, in the form of acceptance. he has been remanded for further inquiry. embezzlement.--_theodore grumbrecht_, a confidential clerk in the extensive india house of messrs huth and co., was arrested on board the _bucephalus_, bound for new zealand, whither he was going. the charge against him is extensive embezzlement. accidents, occurrences, and offences. singular accident.--an accident occurred at outwell on the 29th ult. a child, three years old, went to play in a donkey cart, in which a rope coiled and knotted had been placed to dry. the rope was doubled the greater part of the way; and, being knotted, was full of steps or meshes; in one of these the child got his head and unfortunately falling at the same time from the cart, which was propped up as if the donkey were between the shafts, the rope caught on the hook in front of the cart, and held the child suspended a short distance from the ground. he was found quite dead. an inquest was held on the body of the child, and the jury returned a verdict of accidental death.--_bury post._ affray with soldiers.--on tuesday the greatest excitement prevailed throughout westminster in consequence of repeated outbreaks between the military and the lower, or perhaps we might with propriety say the lowest order of inhabitants of this populous district. the tumult having continued during the whole of the day it was anticipated, and justly, that when night came on, it would increase rather than diminish, although during the whole of the afternoon various parties of the military were seen searching for and escorting to the barracks, the delinquent and disorderly soldiers engaged in the affray. fires in the metropolis.--on saturday night the greater portion of the extensive premises of messrs cleaseley, floor-cloth manufacturers, grove street, walworth common, were destroyed by fire.--on monday morning the shop of mr crawcour, a tobacconist, surrey place, old kent road, was burnt to the ground.--on tuesday morning, about a quarter to four o'clock, a city police constable discovered fire in the lower part of the extensive premises, nearly rebuilt, of the religious tract society, paternoster row, through some unslacked lime having been left by the workmen among some timber the previous night. to the vigilance of the officer may justly be attributed the saving of much valuable property from destruction. fire at bristol.--the old castle tavern, bristol, was burned on thursday, the 7th inst., and the landlord, who was an invalid, perished in the flames. the fire was caused by the carelessness of a niece, in attendance on the invalid, who set fire to the bed furniture accidentally with a candle. the little girl lydia groves, who so courageously attempted to extinguish the bed curtains, has sunk under the shock she then experienced. sporting intelligence. doncaster meeting.--this much-talked-of meeting commenced on monday, sept. 11, at two o'clock precisely. the regulations, in every minor detail, answered the purposes for which they were respectively intended; particularly the one affecting those persons who have proved themselves "defaulters," as such were refused admission to the stands, the ring, the betting-rooms, and every other place under the jurisdiction of of the stewards. many improvements and alterations have been made, and no expense spared towards securing the comfort of all. the different stands have undergone a complete renovation, and present a very striking and handsome appearance, very unlike their neglected condition in former years. on sunday evening a tremendous storm came on, accompanied with hail and extraordinarily vivid lightning; in fact, it was truly awful to witness--the rain literally pouring down in torrents, and the flashes of lightning following each other in rapid succession. happily the storm was not of very long continuance, commencing about half-past six, and terminating about seven o'clock; but, during that short period, it was sufficient nearly to drown the "unfortunates," who were travelling outside per coach from sheffield, york, leeds, &c., and who, on alighting, presented a most wretched appearance. the morning of monday was dark and lowering, but towards eleven or twelve o'clock the weather cleared up and remained very fine. the course, notwithstanding the rain, was in the very best possible order, the attendance large, beyond any former example on the first day, punctuality as to the time of starting was very strictly observed, and the sport was first rate. the great event of these races is the st leger stakes, which on this occasion were run for in three minutes and twenty seconds. mr bowes's "cotherstone," the winner of the derby, was the favourite, and was confidently expected to gain the st leger. but it only came in second, being beaten by mr wrather's nutwith, and only gained by a neck on lord chesterfield's prizefighter, which was third. woolwich garrison races.--the officers of the garrison at woolwich having resolved on testing the value and quality of their horses by races, the first day's sport came off on wednesday; and owing to the great number of spectators, of whom there were upwards of 10,000, on the ground, and the fineness of the weather, the scene was more animated than on any former occasion. a spacious booth was erected on the ground and was well filled throughout the day. upwards of 100 carriages, containing families, were drawn up along both sides of the course, and hundreds of gentlemen on horseback occupied various parts of the common where the races took place; presenting altogether an enlivening and interesting spectacle. the band of the royal artillery attended in front of the booth, and played, with very little intermission, some of the finest airs from one o'clock to seven o'clock, p.m. on thursday, the second day, a slight shower of rain, about one o'clock, p.m. prevented the races from being so well attended by spectators as they were yesterdy, yet the attendance was numerous in the afternoon, and great interest existed amongst the officers of the garrison, and many sporting gentlemen, to witness the result. agricultural varieties. the best home market.--the _norwich mercury_ of last saturday contains no less than seventy advertisements relating to the sale of farming stock; and a majority of these are cases in which the tenant of the farm on which a sale is announced is described as one "quitting the occupation," or "retiring from business." we should like to know how many of those parties have managed to amass a fortune, or even to acquire a moderate competency, under that protective system which, as they have always been taught to believe, was devised for their especial benefit. from the ominous newspaper paragraphs, announcing the liberality of landlords to their tenants, which have lately become so numerous, we rather suspect that most of those farmers who are retiring from business do so to avoid greater evils. it is worthy of remark, however, that, amidst all this agricultural depression, which has now lasted some twelve months at least, the "home trade"--which the advocates of the corn law always describe as entirely dependent on the farmers obtaining high prices for their grain--is in a healthier state than it has been for several years past. the _standard_ lately stated, on the authority of a mr spackman, that the united kingdom contained 20,500,000 individuals dependent on agriculture, and only 6,500,000 individuals dependent on manufactures; and, as we have frequently seen the same absurd statement brought forward at farmers' clubs as "agricultural statistics," it is possible enough that many persons may have been led to believe it. those who do so, however, would find it rather difficult to explain, under such a division of the population, the fact, that during four or five years of high prices, which the duke of buckingham designated "agricultural prosperity," the 20,500,000 souls should have been unable to create a brisk demand for manufactures; while a single year of cheap provisions has done so much to improve trade, and relieve the pressure from the shoulders of the labouring classes. who that looks at these two facts can have the slightest doubt in his mind as to what it is that makes the best home market?--_manchester guardian._ curious agricultural experiment.--the following novel and interesting experiment has lately been successfully made by mr a. palmer, of cheam, surrey:--in july, 1842, he put one grain of wheat in a common garden-pot. in august the same was divided into four plants, which in three weeks were again divided into twelve plants. in september these twelve plants were divided into thirty-two, which in november were divided into fifty plants, and then placed in open ground. in july, 1843, twelve of the plants failed, but the remaining thirty-eight were healthy. on the 19th august they were cut down, and counted 1,972 stems, with an average of fifty grains to a stem, giving an increase of 98,600. now, if this be a practicable measure of planting wheat, it follows that most of the grain now used for seed may be saved, and will infinitely more than cover the extra expense of sowing, as the wheat plants can be raised by the labourer in his garden, his wife and children being employed in dividing and transplanting them. one of the stems was rather more than six feet long, and stout in proportion. cultivation of waste lands.--employment of labourers.--a paper was recently laid before the council of the royal agricultural society of england, by lord portman, which we think deserves a much greater degree of attention than we believe it has yet received, in that it shows to what a considerable extent waste lands may, without any very heavy expenditure of money, be brought into profitable cultivation, and at the same time, under a well-regulated system of spade husbandry, yield abundant employment to agricultural labourers and their families. the following is the substance of the document referred to:--his lordship, who has large estates in dorsetshire, found that a tract of land, called shepherd's corner, about 200 acres in extent, was wholly unproductive, yielding a nominal rent of 2s. 6d. per acre. about fifteen years ago his lordship resolved to make an experiment with this land. he accordingly gave directions to his steward that it should be laid out in six divisions, representing so many small farms, in the cultivation of which such of the labourers as could not obtain full work from the neighbouring farmers were occasionally employed. for the three first years there were no returns, the ground having been merely broken up with the spade, and the surface soil exposed. in subsequent years this land was sown chiefly with turnips, fed off by sheep, until it was found in sufficient heart for the reception of grass and corn seeds, the crops from which were at first scanty and indifferent, but sufficient, however, to pay for cultivation. at the expiration of fifteen years the expenditure upon the whole, inclusive of allowance for rent, at the original rate of 2s. 6d. per acre, together with all charges on account of tithes and taxes, amounted to a little more than 10,000_l._; the returns by crops sold and sheep fed exceeding that sum by 88_l._, independent of the crops now in the ground, which will come to the landlord in september. this may appear to be an inadequate return for the fifteen years' experiment; but, as lord portman justly observes, "as a farmer he has lost nothing, whilst as landlord he is a considerable gainer, the land being now fully equal to any of the neighbouring farms." two objects, both of great importance, have thus been obtained. these 200 acres have been fertilized, which would otherwise have been of no present or prospective value; and in the process of cultivation employment has, during that long period, been provided for several hundreds of labourers who, but for that resource, must, at some seasons at least, have become a burden to the parish. our library table. free trade, reciprocity, and colonization. _the budget; a series of letters, published at intervals, addressed to lord john russell, sir robert peel, lord stanley, and lord eliot, on import duties, commercial reform, colonization, and the condition of england._ by r. torrens, esq., f.r.s. _the edinburgh review._ no. clvii. article, free trade and retaliation. _the westminster review._ no. lxxviii. article, colonel torrens on free trade. our readers are not, in general, unacquainted with the public character and literary reputation of colonel torrens. he is, we believe, a self-taught political economist; and, like colonel thompson, early achieved distinction in a branch of moral science not considered particularly akin to military pursuits. but in his recent labours, he has very seriously damaged his reputation, by attempting to bolster up a policy whose influence on the welfare of the nation has been of the most deadly and pernicious kind; and we therefore advert to the letters called the _budget_, more with the view of showing that they have been analysed, and their mischievous principles thoroughly refuted, than with any intention of entering at large into the discussion. it was, we believe, in the autumn of 1841, immediately following the accession of the present government to office, that colonel torrens commenced the publication of his letters called the _budget_. the two first were addressed to lord john russell, and professed to show that the commercial propositions of the late whig government would, if adopted, have altered the value of money, increased the pressure of taxation, and aggravated the distress of the people. the third letter was on commercial reform, addressed to sir robert peel. the remainder of the series were on colonization and taxation, on the expediency of adopting differential duties, &c.; concluding with one on the condition of england, and on the means of removing the causes of distress; which was afterwards followed by a _postscript_, in which the author, addressing sir robert peel, said- "i would beg to submit to your consideration what appears to me to amount to a mathematical demonstration, that a reduction of the duties upon foreign production, unaccompanied by a corresponding mitigation of the duties imposed by foreign countries upon british goods, would cause a further decline of prices, of profits, and of wages, and would render it doubtful whether the taxes could be collected, and faith with the public credit or maintained." opinions like these, coming from a man considered to be of some little authority in economical science, were certainly important. the time was serious--the crisis really alarming. a new government had come into power, and it was thought and expected were about to effect great changes. even the _quarterly review_, alarmed by the aspect of affairs, came round, in the winter of 1841, to advocate commercial reform. at this critical period colonel torrens stepped forward. what his motives were we do not know; though we know that men neither harsh nor uncharitable, and with some opportunities of judging, considered that colonel torrens, soured by political disappointments and personal feeling, had permitted himself to be biassed by hopes of patronage from the new government. the pamphlets composing the _budget_ only appeared at intervals: but so far as they were then published, did attract considerable attention; the mere supporters of pure monopoly did not, of course, understand them: but that body who may be appropriately enough termed _middle men_, were not unaware of the value of such support as that afforded by colonel torrens, in staring off changes which seemed inevitable. sir robert peel, too, was then in the very midst of his lesson-taking; and as he deeply studied mr hume's import duties report, before he brought out his new tariff, we need not consider it to be very discreditable to him, that he read the pamphlets of colonel torrens before he tried his diplomatic commercial policy. at all events, one of the chief arguments with which sir robert peel and mr gladstone justified the great omissions of the new tariff, was the fact that the government was engaged in negotiations with other countries in order to obtain treaties of reciprocity. the utter failure of these efforts sir robert peel has repeatedly confessed, accompanied with a sigh over the inutility of the attempt; and the last time that he adverted, in the house of commons, to the authority of colonel torrens (he was citing the _postscript_ to the _letter_ addressed to himself) it was with the kind of manner which indicated want of confidence in the guide who had misled him. whether or no, however, he had relied on that authority in his negotiations with other countries during his futile attempts to obtain commercial treaties, this much is certain enough, that colonel torrens did what he could to strengthen the old notion, that it was of no use for us to enlarge our markets unless other countries did so also at the same time and in the same way; and in condemning all reduction of import duties that was not based on "reciprocity," he certainly added all the weight of his authority to prop up a system whose injurious influence has affected the very vitality of our social state, and whose overthrow will yet require no small amount of moral force to effect. we are far indeed, from undervaluing treaties of reciprocity; but to make them a _sine qua non_ in the policy of a country whose condition is that of an overflowing population, a deficient supply of the first necessaries of life, and a contracted market for its artificial productions, is an error of the first magnitude. therefore, though not attaching primary importance to the _budget_ of colonel torrens, or believing that it could ultimately have any great effect in retarding the effectual settlement of the great question, it was not without some feeling of satisfaction that we perused the able article in the last _edinburgh review_, in which his delusions are completely set at rest. we quite agree with the writer (mr senior, it is said) that "if the _budget_ were to remain unanswered, it would be proclaimed in all the strongholds of monopoly to which british literature penetrates--in parliament, in congress, in the _algemeine zeitung_, and in the councils of the zollverein--that adam smith and the modern economists had been refuted by colonel torrens; that free trade is good only where reciprocity is perfect; that a nation can augment its wealth by restraining a trade that was previously free; can protect itself against such conduct on the part of its neighbours only by retaliation: and if it neglect this retaliatory policy, that it will be punished for its liberality by a progressive decrease of prices, of wages, and of profits, and an increase of taxation." the identity of colonel torrens's propositions with the exploded "mercantile theory" is very satisfactorily established by the edinburgh reviewer; and it is certainly humbling to see a man of his ability coming forward to revive doctrines which had well nigh gone down to oblivion. on the subject where colonel torrens conceives himself strongest, the distribution of the precious metals, the reviewer has given a very able reply, though some points are left for future amplification and discussion; and, as a whole, if there be any young political economist whose head the _budget_ has puzzled, the article in the _edinburgh review_ will be found a very sufficient antidote. with this, and another able article on the same subject in the last _westminster review_ (in fact, two articles of the _westminster_ relate to the subject--one is on colonel torrens, the other on free trade and colonization), we may very safely leave the _budget_ to the oblivion into which it has sunk; and, meantime, the novice will not go far astray who adheres to the "golden rule" of political economy, propounded by the london merchants in 1820, and re-echoed by sir robert peel in 1842: "the maxim of buying in the cheapest market, and selling in the dearest, which regulates every merchant in his individual dealings, is strictly applicable as the best rule for every nation. as a matter of mere diplomacy, it may sometimes answer to hold out the removal of particular prohibitions or high duties as depending on corresponding concessions; but it does not follow that we should maintain our restrictions where the desired concessions cannot be obtained; for our restrictions would not be the less prejudicial to our capital and industry, because other governments persisted in preserving impolitic regulations." miscellanea. captain james clarke ross and the antarctic expedition. all the newspapers have quoted an account from the _literary gazette_ of the antarctic expedition, under the command of captain james ross. it was composed of two vessels, the _erebus_, captain ross, and the _terror_, captain crozier, and left england on the 29th of september, 1839. during the outward voyage to australia, scientific observation was daily and sedulously attended to; experiments were made on the temperature and specific gravity of the sea; geological and geographical investigations were made at all available points, especially at kerguelen's land; and both here, as well as during the expedition, magnetic observation and experiment formed a specific subject of attention. this was a main object during 1840, the expedition remaining at the auckland islands for this purpose; and it was not till the 1st of january, 1841, that it entered the antarctic circle. their subsequent adventures, deeply interesting as they are from the perils which they encountered, and the spirit and perseverance with which they were met, come hardly within our sphere to report. after an absence of four years, the expedition, as mentioned in last week's economist, has returned to england, and the acquisitions to natural history, geology, geography, but above all towards the elucidation of the grand mystery of terrestrial magnetism, raise this voyage to a pre-eminent rank among the greatest achievements of british courage, intelligence, and enterprise. religious worship.--church property.--the following parliamentary return has just been printed, entitled, "a return of the amount applied by parliament during each year since 1800, in aid of the religious worship of the church of england, of the church of scotland, of the church of rome, and of the protestant dissenters in england, scotland, and ireland, respectively, whether by way of augmentation of the income of the ministers of each religious persuasion, or for the erection and endowment of churches and chapels, or for any other purposes connected with the religious instruction of each such section of the population of the united kingdom, with a summary of the whole amount applied during the above period in aid of the religions worship of each of the above classes." the abstract of sums paid to the established church shows that the total was 5,207,546_l._ which is divided in the following manner:--church of england, 2,935,646_l._; church of scotland, 522,082_l._; church of ireland, 1,749,818_l._ church of rome.--the total sum paid to the church of rome is set forth at 365,607_l._ 1s. 2d. comprised in the following two items;--augmentation of incomes (including maynooth college), 362,893_l._ 8s. 1d.; erection and repairs of chapels, 2,113_l._ 13s. 1d. protestant dissenters.--the total sum is 1,019,647_l._ 13s. 11d. in england and ireland. the recapitulation shows the following three sums:--established church, 5,207,546_l._; church of rome, 365,607_l._; and protestant dissenters, 1,019,647_l._ the sums were advanced from 1800 to 1842. imperishable bread.--on wednesday, in the mayor's private room, at the town hall, liverpool, a box of bread was opened which was packed at rio janeiro nearly two years ago, and proved as sound, sweet, and in all respects as good, as on the day when it was enclosed. this bread is manufactured of a mixture in certain proportions of rice, meal, and wheat flour. st george's chapel, windsor.--the extensive alterations and embellishments which have been in progress since the early part of may last (from which period the chapel has been closed), at an outlay of several thousands of pounds, throughout the interior of this sacred edifice, having been brought to a close, it was reopened for divine service on thursday. father mathew.--father mathew, after finishing his labours in the metropolis, went to norwich, where he met the bishop, who, in an earnest and eloquent speech, in st andrew's hall, on thursday week, introduced the reverend gentleman to that locality, and very warmly eulogized his conduct. mr gurney, the well-known norwich banker, occupied the chair on this occasion, and seconded the bishop in his patronage and approbation of the great temperance movement. after remaining at norwich two or three days, father mathew started for ireland, taking birmingham and liverpool in his way. importation of fruit from antwerp.--on thursday, the steam-packet _antwerpen_, captain jackson, arrived at the st katherine's steam packet wharf, after an expeditious passage, from antwerp. the continental orchards continue to supply our fruit markets with large supplies, the _antwerpen_ having brought 4,000 packages, or nearly 2,800 bushels of pears, apples, plums, and filberts. advices were received by the _antwerpen_ that another extensive importation of fruit from antwerp may be expected at the st katherine's steam packet wharf this day (saturday), by the steam-packet _princess victoria_, capt. pierce. lieut. holman, the blind traveller.--this celebrated tourist and writer took his departure from malta, on the 3rd of september, for naples. he will afterwards proceed to the roman states, and then to trieste. during the few days of his residence in this island the greatest hospitality has been shown him. the veteran traveller had the honour of dining with his excellency the governor, and with admiral sir e. owen. amidst all the vicissitudes of his perilous life and increasing age, he still maintains the same unabated thirst for travel, and his mental and bodily faculties appear to grow in activity and strength in the inverse ratio of his declining life and honoured grey hairs. railway from worcester to cardiff.--it is proposed, by means of this new line, to connect the population of the north of england and the midland counties with the districts of south wales and the south of ireland. it will commence at the taff vale railway, pass through wales, cross the severn, and unite with the birmingham and gloucester railway at worcester. the cost will be 1,500,000_l._ french opinions on spanish events.--the french journals are loud in condemning the poor barcelonese for the very same acts which drew down the applause of these same journals a week ago. the following remarks from the _national_ render any of our own useless:--"it must be admitted that the french journals appreciate in a strange way the deplorable events in spain. some soldiers revolt at madrid, without going any length of insurrection, or at all endangering the government. general narvaez comes, and without consulting government or any one else, shoots eight non-commissioned officers. straight our ministerial journals exclaim, what an act of vigour! vigour if you will; but where is the humanity, the wisdom, the justice? then behold barcelona, of which the people some weeks ago rose against the established and constitutional government. what heroes! exclaimed the french ministerial papers. now they do the same thing, rising against a provisional and extra-constitutional government. what brigands! exclaim the ministerial writers. a few weeks back a spanish government defended itself with violence against those who attacked it. regiments fired rounds of musketry, and the cannons of forts bombarded the rebellious towns. the french ministerialists forthwith pronounced the spanish regent as a malefactor, and devoted him to the execration of the civilized world. now, another government, without the same right, follows precisely the same course as the one overthrown. it defends itself, fires, bombards, and pours forth grape from behind walls upon insurgent bands in the street. this same conduct is glorified as firm, as legitimate, as what not. the system of political morality changes, it seems, with men and with seasons. what was infamy in espartero and zurbano, is heroism and glory in narvaez and prim. what is more infamous than all this is the press, that thus displays itself in the light of a moral weathercock, shifting round to every wind." statistics of the metropolitan police.--by a return just issued in compliance with an order of the house of commons relative to the city and metropolitan police force, it appears that there are 20 superintendents in the metropolitan division, receiving from 200_l._ to 600_l._ per annum; 110 inspectors, whose salaries vary from 80_l._ to 200_l._ per annum; 465 sergeants, with incomes ranging from 60_l._ to 80_l._ per annum; and 3,790 constables, receiving from 44_l._ to 81_l._ per annum, including clothing and 40 pounds of coal weekly throughout the year. the amount paid on this account during the past year, including 3,620_l._ for superannuation and retiring allowances to officers and constables late of bow-street horse patrol, and thames police, amounted to 295,754_l._ in this is likewise included a sum of 9,721_l._ received from theatres, fairs, and races. the number of district surgeons is 60, and the amount paid for books, &c., is 757_l._ the total rate received during the past year from the various wards in the city of london and its liberties, for the maintenance of the city police force, is put down at 41,714_l._, and the expenditure at 41,315_l._, the gross pay, irrespective of other charges to the force, amounting to 29,800_l._ loss of the united states steam frigate "missouri," at gibraltar, by fire.--the superb american steam frigate _missouri_, which was conveying the hon. caleb cushing, american minister at china, to alexandra, whilst at anchor in gibraltar bay, on the 26th ult., was entirely consumed by fire. the fire broke out in the night, and raged with such determined fury as to baffle all the efforts of the crew, as well as that of the assistance sent from her majesty's ship _malabar_, and from the garrison. the magazines were flooded soon after the commencement of the fire; and, although a great many shells burst, yet, very fortunately, no accident happened to any of the crew. this splendid steamer was 2,600 tons and 600 horse power, and is said to have cost 600,000 dollars. the alleged arrest of the murderer of mr dadd.--the following are the remarks of _galignani's messenger_ on the report in the english papers that dadd was arrested at fontainbleau:--"the above statement has been partially rumoured in town for the last two days, but not in a shape to warrant our publishing it in the _messenger_. the police have been everywhere active in their researches for the fugitive; and we perceive, by the _courrier de lyons_, that, on thursday night, all the hotels in that city were visited by their agents, in pursuit of two englishmen, one of them supposed to be the unfortunate lunatic. these individuals had, however, quitted the town on their way to geneva, previously to the visit of the police." the cartoons.--we understand that several of the prize cartoons, and a selection of some of the most interesting of the works of the unsuccessful competitors, have been removed from westminster hall to the gallery of the pantechnicon, belgrave square, for further exhibition. mackerel.--the halifax papers state that the coast of nova scotia is now visited by mackerel and herrings in larger quantities than ever were known at this season. in the straits of canso the people are taking them with seines, a circumstance without a parralel for the last 30 years. the _journal des chemins de fer_ says:--"an inventor announces that he has found a composition which will reduce to a mere trifle the price of rails for railroads. he replaces the iron by a combination of kaolin clay (that used for making pottery and china) with a certain metallic substance, which gives a body so hard as to wear out iron, without being injured by it in turn." commerce and commercial markets. domestic. friday night.--we are still without the arrival of the indian mail, nor has any explanation of its detention transpired, except that which we mentioned last week. no serious apprehension exists for its safety, as similar detentions, of even much greater duration, have been experienced in the arrival of the september mail in former years, as a consequence of the monsoon. in manchester, during the week, the market has been somewhat flatter in goods suited for the eastern markets, in consequence of merchants being anxious to receive their advices by the indian mail before extending their transactions materially at present prices. in the yorkshire woollen markets a fair trade continues to be done; and in bradford a very active demand has arisen for the goods peculiar to that neighbourhood. in the scotch seats of manufactures, both woollen and cotton, the trade has considerably improved, especially in the demand for tartans of all kinds, in which there is a very active and brisk trade. in the iron districts, the trade continues without change since our last: most of the works are full of orders, at low prices. in the coal districts, in northumberland and durham, trade is without any improvement whatever, and this trade, as well as their shipping, is in the most depressed condition. _indigo._--the transactions in this article have not been on a more extensive scale in our market than last week, but a good demand continues for the home trade, and occasionally a small advance upon the last july rates is paid on such sorts suitable for that branch, but there is almost no demand for export, the consumption of the article in foreign countries being this year unusually slack. the shipments to russia, since the opening of the season, amount to only 2,209 chests, against 3,439 chests during the same time last year. a public sale was held yesterday, in liverpool, of about 400 chests of east india, and 120 serons of caracas. of the former about 100 chests were withdrawn by the poprietors, but the remainder, together with the serons, sold briskly for the home trade, at prices about 3d. to 4d. per lb. higher than the previous nominal value, and rather above that of the london market. there are now 6,070 chests declared for the quarterly sale on the 10th of october; a great portion of it consists of good shipping sorts. it is supposed that several thousand chests more will be declared upon arrival of the indian mail, now due. _cochineal._--only two small public sales were held this week, together of 97 serons. the first consisted of 30 serons mexican, mostly silver, which sold at prices from 2d. to 3d. per lb. higher than those of last week. the lowest price for ordinary foxy silver was 4s. 4d. per lb. the second sale was held at higher prices still, in consequence of which the whole quantity was bought in. _cotton._--the purchases at liverpool, for this week, will again reach the large quantity of about 40,000 bales, of which a considerable proportion is on speculation. prices have been extremely firm, without any decided advance, however, there not being much importance attached, or faith given, to the statements that the american crop has suffered, which have been received by the halifax and new york steamers, up to 1st inst. from the latter place. in this market, business by private contract is again trifling. at public sales there have been offered 714 bales american, and 3,796 bales surat; the former were held considerably above the value, and only 30 bales good fair were sold at 4-3/4d. in bond. of the surat about 2,300 bales found buyers, from 2-7/8d. to 3-1/8d. for middling, to 3-3/8d. to 3-1/2d. for fair; a few lots superior went at 3-5/8d. for good fair, and 4d. per lb. for good. the prices paid show an advance of 1/8d. to 1/4d. a lb. upon the last public sales of 24th august, and sustain the previous market rates, though the highest advance was conceded reluctantly, and not in many instances; there are buyers for low-priced cotton of every description, but there is little of it offering. _sugar._--the purchases for home consumption have been upon a limited scale, and prices barely maintained. the same remark applies to foreign sugar. only one cargo of porto rico sugar has been sold afloat, for a near port, at 18s., with conditions favourable to the buyer. at public sale 630 chests bahia, and 120 chests, and 240 barrels pernambuco, were almost entirely bought in at extreme rates: since when only about 170 chests of the brown bahia have been placed at an average of 17s. 6d., and with 50 chests of the lowest white at 21s. to 21s. 6d.; by private contract 300 chests old yellow havannah, of good quality, sold at 20s. _coffee._--the home demand remains good; good and fine jamaica fetched previous rates; a parcel of ceylon, of somewhat better quality than the common run, sold at 51s. to 52s., which is rather dearer: very good singapore java sold at 36s. to 40s. in foreign coffee a cargo of st domingo has been sold afloat for flanders at 26s. 6d. two others being held above that price without finding a buyer, they have been sent on unsold. on the spot the transactions in coffee for export by private contract are quite insignificant, and of 650 bags old st domingo _via_ cape, only a small proportion sold at 28s. to 30s. for pale bold good ordinary. _rice._--about 4,000 bags of bengal offered at public sale sold from 10s. to 11s. per cwt., establishing a decline of 3d. per cwt. _saltpetre._--the market is sparingly supplied, and importers do not sell except upon extreme rates, which have been paid for about 3,000 bags, viz. from 23s. 6d. for very ordinary, to 25s. 6d. for good middling. _cassia lignea._--for small parcels offering in public sale full prices have been paid; fine by private contract as high as 70s. _pimento._--fair quality has been sold 2-1/2d. to 2-5/8d., which is rather dearer. _tallow._--the demand on the spot is not improved and the price unaltered, 41s. 9d. to 42s.; for forward delivery there is rather more disposition to purchase. _rum._--the demand is very limited, except for the finest qualities of jamaica, and common are rather cheaper. foreign. the accounts received from the united states up to the first of this month by the _hibernia_ and _great western_ are favourable as regards commerce. the manufactories in the union are reported to be in a state of considerable prosperity, notwithstanding which the demand for imports was increasing. the reports about the cotton crops were various; it was admitted that the weather had latterly been favourable. large arrivals of wheat and flour were expected in the ports from the west. the commercial reports received this week from the continent of europe do not show any great activity in foreign markets, though the prices of colonial produce are well maintained. sugar was somewhat more in demand both at antwerp and hamburg. in coffee there was rather less doing at both places. * * * * * prices current, sept. 16, 1843. ------------------------------------------+---------- english funds. | prices | this day. ------------------------------------------+---------- india stock | 266 3 per cent. red | shut 3 per cent. consols money | 94-3/4 3-1/2 per cent. annuity, 1818 | - 3-1/2 per cent. red. | shut new 3-1/2 per cent. annuity | 102 long annuities | shut annuities, terminable july, 1859 | - india bonds 3 per cent. | 69s pm exchequer bills 1-3/4d. | 69s pm 3 per cent. consols for account | 91-1/8 bank stock for account | shut ------------------------------------------+---------- ------------------------------------------+---------- foreign funds. | prices | this day. ------------------------------------------+---------- belgium bonds | 105 brazilian bonds | 74-1/2 chilian bonds, 6 per cent. | - columbian bonds, 6 per cent. 1824 | 25-3/8 dutch, 5 per cent. | - ditto, 2-1/2 per cent. exchange 12 guil. | 52-1/8 mexican bonds, 1837, 5 per cent. | 34 peruvian bonds, 6 per cent. | - portuguese 5 per cent. converted | 44-1/4 ditto 3 per cent. ditto | - russian bonds, 1822, 5 per cent. | 114-1/2 spanish bonds, 5 per cent. 1821 | 18-1/8 1822 | - ditto, deferred | 11 ditto, passive | 4-1/8 ------------------------------------------+----------corn markets. _(from messrs gillies and horne's circular.)_ corn exchange, monday, sept. 11.--the weather continued most beautiful here until yesterday, when we had some heavy thunder showers, and to-day is gloomy, damp and close. the wind, what little there is of it, is north. the arrivals during last week were moderate except of foreign wheat and barley, of which of course there is yet some quantity to arrive. the new english wheat coming soft in hand, is slow sale at 1s. to 2s. reduction--free foreign finds buyers for mixing at last week's currency. barley is dull sale at last week's rates. oats are 6d. to 1s. lower. some new irish have appeared of fine quality. there is no change in beans and peas. flour is the same as last week. ----------------------------------------------+------------ british. | per qr. | wheat, essex, kent, suffolk, white | 59s to 61s ---lothian, fife, angus, do. | 52s to 57s ---inverness, murray, &c. | 52s to 57s ---essex, kent, suffolk, red | 54s to 57s ---cambridge, lincoln, red | 54s to 57s barley, english malting, and chevalier | - - ---distiller's, english & scotch | - - ---coarse, for grinding, &c. | 28s to 30s oats, northumberland & berwick | 21s to 23s ---lothian, fife, angus | 21s to 23s ---murray, ross | 21s to 23s ---aberdeen and banff | 21s to 23s ---caithness | 21s to 23s ---cambridge, lincoln, &c. | 20s to 23s ---irish | 17s to 19s ---english, black | 18s to 21s ---irish " | 17s to 21s ---potato, scotch | 23s to 26s --- " irish | 19s to 22s ---poland, lincoln, &c. | 21s to 24s beans, ticks | 30s to 31s ---harrow | 31s to 34s ---small | 32s to 34s peas, white | 36s to 38s ---boilers | - - flour, town made households | 50s to 53s ---norfolk and suffolk | 40s to 42s ----------------------------------------------+------------ ----------------------------------------------+------------ foreign and colonial. | per qr. | wheat, white, spanish, tuscan | 52s to 59s ---high mixed danzig | 58s to 61s ---mixed do. | 52s to 58s ---rostock, new | 57s to 60s ---red hamburg | 52s to 55s ---polish odessa | 48s to 52s ---hard | - - ---egyptian | 32s to 37s barley, malting, &c. | - - ---distiller's, &c. | 28s - ---grinding, &c. | 28s to 29s oats, brew, &c. | 21s to - ---polands, &c. | 22s to - ---feed, &c. | 18s to - ---do, dried, riga, &c. | - 21s rye, dried | - - ---undried | - - beans, horse | 30s to 34s ---mediterranean | 26s to 29s peas, white | 34s to - ---yellow | - 35s flour, french, per 280 lbs. nett weight | - - ---american, per bar. 196 lbs. nett weight | - - ---danzig, &c. do. do. | - - ---canada, do. do. | 29s to 29s ---sour, do. do. | - - ----------------------------------------------+------------corn exchange, friday, sept. 15.--the weather threatened to be stormy yesterday, the barometer fell, and we had some heavy drops of rain, but it has since cleared up, and to-day is 10 degrees warmer and beautifully clear, with the wind south east. in ireland and scotland there was a good deal of rain on sunday and monday, which (we understand) stopped the harvest work for the time, but we hope by this time they have it fine again. the new english wheat comes to hand softer and lighter than at first; as usual after being stacked, the yield is much complained of, besides that many of the stacks got so soaked by the heavy rains of the 21st and 23rd of august, that the condition of the wheat is sadly spoiled. the arrivals are moderate this week, except of irish oats, several small parcels of which are of the new crop; there is also a small parcel of new scotch barley in fine condition, and new scotch oats, also good. almost all the wheat has been entered at the 14s. duty; we believe it is over 300,000 qrs. new english wheat is dull sale: foreign, on the other hand, is more inquired for, and not to be purchased in any quantity except at 1s. advance. barley is saleable in retail at monday's prices. oats are again 6d. cheaper than on monday, except for very fine samples. the averages lead us to suppose that on the 21st instant the duty on foreign wheat will rise to 16s. per qr.; on barley it will remain 6s.; on oats 6s.; on rye it will rise to 9s. 6d.; on beans it will remain 10s. 6d.; and on peas, 9s. 6d. london averages. for the week ending september 12. -------------------------------------------------------------------- wheat. barley. oats. rye. beans. peas. -----------+----------+-------------+----------+----------+--------- 4.113 qrs. | 345 qrs. | 25,600 qrs. | 50 qrs. | 147 qrs. | 132 qrs. 51s. 6d. | 32s. 2d. | 18s. 9d. | 30s. 2d. | 30s. 2d. | 42s. 1d. -----------+----------+-------------+----------+----------+---------imperial averages. --------------------+--------+---------+--------+--------+--------+------- | wheat. | barley. | oats. | rye. | beans. | peas. --------------------+--------+---------+--------+--------+--------+-------weeks ending | s. d. | s. d. | s. d. | s. d. | s. d. | s. d. aug. 10th | 60 9 | 32 4 | 21 5 | 37 1 | 31 9 | 31 4 -17th | 61 2 | 32 11 | 21 9 | 38 7 | 32 1 | 33 7 -24th | 59 9 | 33 11 | 21 5 | 37 1 | 32 6 | 34 9 -31st | 56 8 | 32 11 | 20 7 | 31 8 | 31 10 | 33 9 sept. 7th | 54 2 | 31 11 | 20 5 | 31 1 | 32 4 | 32 1 -14th | 53 0 | 31 11 | 19 7 | 31 3 | 31 9 | 33 8 +--------+---------+--------+--------+--------+-------aggregate of six | | | | | | weeks | 57 7 | 32 8 | 20 10 | 34 6 | 32 0 | 33 8 --------------------+--------+---------+--------+--------+--------+-------duties till sept. | | | | | | 20th inclu. | 15 0 | 6 0 | 6 0 | 8 6 | 10 6 | 9 6 on grain from b. | | | | | | possession out | | | | | | of europe | 2 0 | 0 6 | 2 0 | 0 6 | 1 6 | 1 0 --------------------+--------+---------+--------+--------+--------+-------flour--foreign, 9s. 0d. per 196lbs.--british possession, 1s. 2d. ditto. price of sugar. the average price of brown or muscovado sugar for the week ending september 12, 1843, is 34s. 1-3/4d. per cwt., exclusive of the duties of customs paid or payable thereon on the importation thereof into great britain. smithfield market. monday.--there was a considerable and beneficial improvement in trade to-day for everything, but not, however, permanent; at least, the causes which produced the change this morning would not authorise a different conclusion, and the salesmen of the market, although looking forward to a very fair state of things next monday, do not anticipate that the improvement will last the next succeeding monday. it appears that london is clear of meat, the which, with small supplies of everything to-day, is the sole immediate cause of the improvement, for, notwithstanding that the market was well attended by both town and country butchers and stock-takers, they, nevertheless, at the opening of the market, appeared disposed to purchase briskly, on the supposition, according to the returns of over-night, that the supplies were large, but when this statement was discovered to be erroneous they then bought freely, and higher prices were more readily given. friday.--in consequence of the supply of beasts on sale being large for the time of year, we have to report a very heavy demand for beef, and in some instances the quotations declined 2d. per 8 lbs. from scotland nearly 200 lots were received fresh up. prime old downs maintained their previous value; but that of all other kinds of sheep had a downward tendency. in lambs very little was doing, at barely monday's quotations. calves moved off heavily, at a reduction of 2d. per 8 lbs. the pork trade was unusually dull, at previous currencies. milch cows sold slowly at from 16_l._ to 20_l._ each. -----------------------------------------+-------------------------------- prices per stone. | at market. -----------------------------------------+-------------------------------- monday. friday. | monday. friday. beef 3s 0d to 4s 2d 2s 8d to 4s 0d | beasts 2,840 800 mutton 3s 2d to 4s 4d 2s 10d to 4s 4d | calves 149 373 veal 3s 6d to 4s 8d 3s 6d to 4s 6d | sheep and lambs 32,840 9,210 pork 3s 6d to 4s 8d 3s 0d to 3s 10d | pigs 410 326 lamb 4s 0d to 5s 0d 3s 4d to 4s 8d | -----------------------------------------+-------------------------------- prices of hay and straw, per load of 36 trusses. hay, 3_l._ 5s. 0d. to 4_l._ 8s. 0d. clover, 4_l._ 4s. 0d. to 5_l._ 8s. 0d. straw, 1_l._ 18s. 0d. to 2_l._ 4s. 0d. borough hop-market. monday.--there was no business whatever transacted during last week, and even the duty remains without fluctuation. in this state of inactivity the effects of the metropolitan total abstinence movement was a topic of interest to the trade. as it appears that nearly 70,000 persons took the pledge, the consumption of malt liquor must seriously diminished, and the demand for hops will consequently be very considerably decreased. it is fortunate, therefore, for the planters that this year's growth is not large, otherwise the prices would have been seriously low, and although that crop is not only about an average, yet from this diminished consumption, which is likely to progress, the value of the new will not be more than last year, and possibly even less. there have been a few small lots of 1843's at market, which go off very slowly. friday.--about ten pockets of new hops have been disposed of this week at from 7_l._ to 8_l._ per cwt. we are now almost daily expecting large supplied from kent and sussex, as picking is now going on rapidly. in old hops scarcely any business is doing, while the duty is called 150,000_l._ liverpool cotton market. sept. 14.--a large amount of business has been transacted in cotton at this day's market. the sales, inclusive of 5,000 american bought on speculation, have consisted of 10,000 bales. sept. 15.--we have a fair inquiry for cotton this morning, and there is no change whatever in the general temper of the market. coal market. buddle's west hartley, 15s.; davison's west hartley, 15s. 6d.; fenham, 13s. 6d.; hastings hartley, 15s.; holywell main, 15s. 6d.; new tanfield, 14s.; ord's redheugh, 12s. 6d.; pontop windsor, 12s. 6d.; tanfield moor, 16s. 6d.; west pelton, 12s. 9d,; west hartley, 15s. 6d.; west wylam, 14s. 6d.; wylam, 14s. 6d. wall's end:--clennell, 14s. 6d.; clarke and co, 14s.; hilda, 15s. 6d.; riddell's, 16s. 9d.; braddyll's hetton, l8s. 9d.; haswell, 19s.; hetton, 18s. 6d.; lambton, 18s. 3d.; morrison, 16s.; russell's hetton, 18s,; stewart's, 18s. 6d.; whitwell, 17s.; cassop, 18s.; hartlepool, 16s. 6d.; heselden, 16s, 6d.; quarrington, 17s.; trimdon, 17s. 6d.; adelaide, 18s.; barrett, 16s. 9d.; bowburn, 15s. 6d.; south durham, 17s.; tees, 17s. 9d.; cowpen hartley, 15s. 6d.; lewis's merthyr, 19s. 6d.; killingworth, 16s. fifty-nine ships arrived since last day. the gazette. _tuesday, september 12._ declarations of insolvency. j. halls, wilkes street, spitalfields, braid manufacturer.--j. brooke, liverpool, cupper.--j. thorburn, hillhouse, yorkshire, warehouseman.--j. allwright, basingstoke, hampshire, boot maker.--j. bland, leeds, eatinghouse keeper.--w.s. lawrence, essex place, grange-road, dalston, out of business.--t. leete, finedon, northamptonshire, butcher.--w, simpson, elland upper edge, yorkshire, woollen spinner.--d. m'george, huddersfield, tea dealer.--w. hall, cockhill, wiltshire, out of business.--t. mercer, wansdon house, fulham, out of business.--w. elliott, berners street, oxford street, waiter at an hotel.--c.t. jones, charles street, berkeley square, out of business.--t. price, cardiff road, monmouthshire, coal dealer.--w. williams, newport, monmouthshire, out of business.--w.g. still, high street, poplar, hair dresser.--t. cook, giltspur street, city, tailor.--j. mayson, marlborough road, old kent road, commission agent.--d. taylor, meltham, yorkshire, licensed tea dealer.--w.w. greaves, newark-upon-trent, nottinghamshire, corn dealer.--c.h. balls, beccles, suffolk, chemist.--j. chapman (commonly known as j. fitzjames), bridges street, covent garden, comedian. bankruptcy annulled. jones, t., liverpool, coal dealer. bankrupts. sharp, r., jun., faversham, kent, draper. [reed and shaw, friday street, cheapside. pearsall, c., anderton, cheshire, boiler maker. [sharp and co., bedford row. johnson, t., late of great bridge, staffordshire, draper. [messrs nicolls and pardoe, bewdley. holt, w.j.; grantham, lincolnshire, tea dealer. [messrs hill and matthews, st mary axe. declarations of dividends. j.o. palmer, liverpool, music seller--first dividend of 6s. in the pound, any wednesday after december 1, payable at 31 basinghall street, city.--d. ellis, haverhill, suffolk, draper--first dividend of 5s. 10d. in the pound, any wednesday after december 1, payable at 31 basinghall street.--p.j. papillon, leeds, wine merchant--first dividend of 2s. in the pound, on any monday or wednesday after october 4, payable at 15 benson's buildings, basinghall street, leeds.--e. cragg, kendal, westmoreland, innkeeper--first dividend of 2s. in the pound, on october 7, or on any succeeding saturday, payable at 57 grey street, newcastle-upon-tyne. dividends. october 5, t. and j. parker, j. rawlinson, w. abbott, j. hanson, j. bell, t. chadwick, a. emsley, r. kershaw, j. musgrave, j. wooller, t. pullan, j. shaw, g. eastburn, and d. dixon, leeds, dyers.--october 10, t. bell, newcastle-upon-tyne, tea dealer.--october 10, j.g. pallister and j.m.b. newrick, sunderland, durham, grocers.--october 4, j. fletcher, maryport, cumberland, boiler manufacturer.--october 11, j. todd. hylton ferry, durham, ship builder.--october 3, j. parke, liverpool, druggist.--october 4, s. boult and t. addison, liverpool, stock brokers.--october 7, t. bourne, liverpool, cotton broker.--october 14, h. merridew, coventry, ribbon manufacturer. certificates. october 5, f. robert, new bond street, and gower street north, coal merchant.--october 5, j. bowie, shoe lane, city, grocer.--october 14, j. barnes, 14 commercial place. commercial road, engineer.--october 4, j. davies, westminster road, lambeth, linendraper.--october 11, m. jackson, east thickley steam mill, durham, miller.--october 10, j. todd, hylton ferry, durham, ship builder.--october 3, j. gallop, jun., bedminster, bristol, painter.--october 12, g.b. worboys, bristol, perfumer.--october 4, r. crosbie, sutton, cheshire, tea dealer.--october 7, c. holebrook, uttoxeter, staffordshire, plumber.--october 17, j. hedderly, nottingham, druggist.--october 5, j. oates, glossop, derbyshire, innkeeper. certificates, october 3. w. pugh, gloucester, auctioneer.--j. lockwood, wakefield, yorkshire, and st. john's, new brunswick, linendraper.--h. francis, feoek, cornwall, agent.--g. chapman, aylesbury, buckinghamshire, grocer.--e. wheeler, birmingham, corn dealer.--j. a. boden, sheffield, razor manufacturer.--w. woodward, birmingham, tailor.--s. j. manning, 28 camomile street, city, and halleford, near shepperton, manufacturer of bitters. partnerships dissolved. elizabeth o'connor and mary rossiter, brighton, sussex, milliners.--c. weatherley and h. o'neil, wilkes street, spitalfields, and ferdinand street, camden town, fancy trimming manufacturers.--h.i. isaacs and d. israel, duke street, aldgate, city, poulterers.--j. davis and a. mottram, warrington, lancashire, timber merchants,--m. fortier and emile and anna levilly, bruton street, berkeley square, milliners.--t. and g. stevenson, dudley, worcestershire, tailors.--d. israel and j. lyons, st mary-axe, city, trunk makers.--w. fairbairn, j. hetherington, and j. lee, manchester, machine makers.--e. archer, h. ewbank, jun., and a.p.w. philip, gravel lane, southwark, surrey.--j.m. pott and j. midworth, newark-upon-trent, auctioneers.--t.p. holden, t. parker, and w. burrow, liverpool, upholsterers (as regards w. burrow).--w.l. springett, t. beale, and e. kine, southwark, surrey, hop merchants (as regards w.l. springett). scotch sequestrations. a. dunn, keithock mills, near coupar-angus, farmer.--d. m'intyre, jun., fort william, merchant. * * * * * _friday, september 15._ bankrupts. greenslade, w., gray's inn lane, builder. [oldershaw, king's arms yard. bone, g.b., camberwell, builder. [meymott and sons, blackfriars road. lewis, r.w., shenfield, essex, farmer. [watson and co., falcon square. phillips, s., brook street, hanover square, carpet warehousman. [reed and shaw, friday street, cheapside. pino, t.p., liverpool, ship chandler. [chester and toulmin, staple inn. hoole, w., sheffield, leather dresser. [branson, sheffield. cambridge, r.j., cheltenham, wine merchant. [packwood, cheltenham. metcalf, e., middlesbrough, yorkshire, currier. [blackburn, leeds. duffield, c., bath, grocer [jay, serjeants' inn. poppleton, c., york, linen manufacturer. [blackburn, leeds. lister, j.c., wolverhampton, wine merchant. [phillips and bolton, wolverhampton. declarations of insolvency. j. brooke, liverpool, cupper.--j. thorburn, hillhouse, yorkshire, warehouseman.--j. bland, leeds, eating house keeper.--w.s. lawrence, essex place, hackney, bank clerk.--t. leete, finedon, northamptonshire, butcher.--w. simpson, elland upper edge, yorkshire, woollen-spinner.--w. hall, cockhill, wiltshire.--d. m'george, huddersfield, tea dealer.--t. mercer, wansdown house, fulham--w. elliott, berner's street, oxford street, waiter.--c.t. jones, charles street, berkeley square.--t. price, cardiffmouth, coal dealer.--w. williams, george street, newport.--w. g. still, high street, poplar, tobacconist.--t. cook, giltspur street, city, tailor,--j. mayson, marlborough road, old kent road, commission agent.--d. taylor, aldmondbury, yorkshire, tea dealer.--w.w. greaves, newark-upon-trent, corn dealer.--c. h. balls, ringsfield, suffolk, chemist.--j. chapman, bridges street, covent garden, comedian.--j. robinson, edmonton, butcher.--g. dickinson, chenies mews, bedford square, coach painter.--j. murphy, gloucestershire, coachman.--j. burnham, harrold, bedfordshire, chemist.--w.l. phillips, kennington green, omnibus proprietor.--j.d. lockhart, poplar, tobacconist.--j. wilkinson, cheltenham, licensed victualler.--j.d. hubbarde, wakefield, printer.--j. ames, holywell, flintshire, licensed victualler.--s. bone, greenwich, cabinet maker.--j. davis, great bolton, lancashire, sawyer.--j. pollard, batley, yorkshire, blanket manufacturer.--s. m'millan, llangollen, denbighshire, tea dealer.--s. brook, birstal, yorkshire, grocer.--f. wormald, birstal, yorkshire, blacksmith.--w. barnes, knightsbridge, shopkeeper.--h. manley, belvidere buildings, st george the martyr, surrey, coach builder.--w. jeffery, queen street, brompton, horse dealer.--r.w. webb, saville row, walworth road, attorney. * * * * * births. on the 10th inst., in milman street, bedford row, the wife of s.s. teulon, esq. of a son. on the 13th inst., at nottingham place, the wife of thomas a.h. dickson, esq., of a son. marriages. at st george's church, hanover square, miss louisa georgina augusta anne murray, only daughter of general the right honourable sir george murray, g.c.b., master-general of the ordnance, to henry george boyce, esq., of the 2nd life guards, eldest son of mr and the late lady amelia boyce. on the 13th inst., at kintbury, berks, lieutenant-colonel j.a. butler, to martha, daughter of the late william bruce smith, esq., of starborough castle, surrey. on the 13th inst., at rickmansworth church, john, second son of thomas weall, esq., of woodcote lodge, beddington, to susanna, eldest daughter of w. white, esq., of chorleywood. deaths. on the 7th inst., aged 69 years, the rev. william porter, who was for 44 years minister of the presbyterian congregation of newtownlimavady; for fourteen years clerk to the general synod of ulster; the first moderator of the remonstrant synod, and clerk to the same reverend body since its formation. at bath, general w. brooke. the deceased general, who had served with distinction throughout the peninsular war, had been upwards of fifty years in the army. on sunday, the 10th instant, after a lengthened illness, at the family residence in great george street, mr john crocker bulteel. he married, may 13, 1826, lady elizabeth grey, second daughter of earl grey, by whom he leaves a youthful family. lady elizabeth bulteel, who is inconsolable at her bereavement, has gone to viscount howick's residence, near datchet. advertisements. york and london life assurance company, king william-street, london. empowered by act of parliament. george frederick young, esq., chairman. mathew forster, esq. m.p. deputy chairman. the superiority of the system of assurance adopted by this company, will be found in the fact that the premium required by a bonus office to assure 1,000_l._ on the life of a person in the 20th year of his age would in this office insure 1,291_l._ 7s. 6d. assurances at other ages are effected on equally favourable terms, and thus the assured has an immediate bonus instead of a chance dependent upon longevity and the profits of an office. in cases of assurance for a limited number of years, the advantage offered by this company is still greater, no part of the profits of a bonus office being ever allotted to such assurances. prospectuses, containing tables framed to meet the circumstances of all who desire to provide for themselves or those who may survive them by assurance, either of fixed sums or annuities, may be had at the office as above, or of the agents. john reddish, sec. * * * * * h. walker's needles (by authority the "queen's own"), in the illustrated chinese boxes, are now in course of delivery to the trade. the needles have large eyes, easily threaded (even by blind persons), and improved points, temper, and finish. each paper is labelled with a likeness of her majesty or his royal highness prince albert, in relief on coloured grounds. every quality of needles, fish hooks, hooks and eyes, steel pens, &c. for shipping. these needles or pens for the home trade are sent, free by post, by any respectable dealer, on receipt of 13 penny stamps for every shilling value.--h. walker, manufacturer to the queen, 20 maiden lane, wood street, london. * * * * * one hundred foreign marble chimney-pieces on view. the westminster marble company have now completed their machinery, which will enable them in future to supply every variety of marble work at a considerable reduction in price. a neat box belgium marble chimney-piece, with moulded caps, 3 feet high, can be supplied from 1_l._ to 2_l._ a best vein marble chimney-piece, from 2_l._ to 3_l._ a liberal commission for all orders will be allowed to the trade; and those persons wishing to act as agents, can have a book of designs forwarded by enclosing twenty postage stamps. direct, "the westminster marble company, earl street, horseferry road." * * * * * carriages.--the attention of gentlemen about purchasing, or having carriages to dispose of, is invited to marks and co.'s london carriage repository, langham place. an immense stock, new and second hand, by eminent builders, is always on sale, and a candid opinion of each carriage will be given as to its quality and condition. invalid carriages for any journey. carriages to be let on yearly job. * * * * * wonderful cure!--read the following interesting facts, communicated by mr brown, bookseller, gainsborough:-"to messrs t. roberts and co. crane court, fleet street, london, proprietors of parr's life pills. "gentlemen, "west stockwith, aug. 11, 1843. "i, james jackson easton, do hereby testify, that, by taking your excellent parr's life pills, i have derived greater benefit than in using all the other medicines i have tried since 1841; about which time i was attacked with severe illness, accompanied with excruciating pain and trembling, with large rupture. for the last six months i have had no return of this illness, nor the least appearance of the last-mentioned symptom. through the mercy of god, i do at present feel perfectly recovered from it. i still continue the occasional use of your excellent pills.--i am gentlemen, respectfully yours, j.j. easton." sold by all respectable medicine venders, in boxes at 1s. 1-1/2d. 2s. 9d. and 11s.--see the words "parr's life pills," in white letters on a red ground, engraved on the government stamp. european life insurance company, no. 10 chatham place, blackfriars, london. established, january, 1819. president. sir james rivett carnac, bart. vice-president. george forbes, esq. no. 9 fitzroy square. with twelve directors. facilities are offered by this long-established society to suit the views and the means of every class of insurers. premiums are received yearly, half-yearly, or quarterly, or upon an increasing or decreasing scale. an insurance of 100_l._ may be effected on the ascending scale by an annual premium for the first five years of 1_l._ 9s. at the age of 25; 1_l._ 12s. 6d. at 30; 1_l._ 17s. at 35; 2_l._ 2s 5d. at 40; and 2_l._ 9s. 6d. at 45; or, one-half only of the usual rate, with interest on the remainder, will be received for five or seven years, the other half to be paid at the convenience of the assured. the insured for life participate septennially; in the profits realised. a liberal commission is allowed to solicitors and agents. david foggo, secretary. n.b. agents are wanted in towns where none have yet been appointed. * * * * * britannia life assurance company, 1 princes street, bank, london. empowered by special act of parliament, iv vict. cap. ix. directors. william bardgett, esq. samuel bevington, esq. wm. fechney black, esq. john brightman, esq. george cohen, esq. millis coventry, esq. john drewett, esq. robert eglinton, esq. erasmus rt. foster, esq. alex. robert irvine, esq. peter morison, esq. henry lewis smale, esq. thomas teed, esq. auditors. j.b. bevington, esq.; f.p. cockerill, esq.; j.d. dow, esq. medical officer. john clendinning, m.d. f.r.s. 16 wimpolestreet, cavendish square. standing counsel. the hon. john ashley, new square, lincoln's inn. mr serjeant murphy, m.p. temple. solicitor. william bevan, esq. old jewry. bankers. messrs drewett and fowler, princes street, bank. this institution is empowered by a special act of parliament, and is so constituted as to afford the benefits of life assurance in their fullest extent to policy-holders, and to present greater facilities and accommodation than are usually offered by other companies. assurances may either be effected by parties on their own lives, or by parties interested therein on the lives of others. the effect of an assurance on a person's own life is to create at once a property in reversion, which can by no other means be realized. take, for instance, the case of a person at the age of thirty, who, by the payment of 5_l._ 3s. 4d. to the britannia life assurance company, can become at once possessed of a bequeathable property, amounting to 1,000_l._, subject only to the condition of his continuing the same payment quarterly during the remainder of his life--a condition which may be fulfilled by the mere saving of eight shillings weekly in his expenditure. thus, by the exertion of a very slight degree of economy--such indeed, as can scarcely be felt as an inconvenience, he may at once realise a capital of 1,000_l._, which he can bequeath or dispose of in any way he may think proper. a table of decreasing rates of premium on a novel and remarkable plan; the policy-holder having the option of discontinuing the payment of all further premiums after twenty, fifteen, ten, and even five years; and the policy still remaining in force--in the first case, for the full amount originally assured; and in either of the three other cases, for a portion of the same according to a fixed and equitable scale endorsed upon the policy. increasing rates of premium on a new and remarkable plan for securing loans or debts; a less immediate payment being required on a policy for the whole term of life than in any other office. age of the assured in every case admitted in the policy. all claims payable within one month after proof of death. medical attendants remunerated in all cases for their reports. extract from increasing rates of premium, for an assurance of 100_l._ for whole term of life. -----+-----------------------------------------------------------+ | annual premiums payable during | +-----------+-----------+-----------+-----------+-----------+ | 1st five | 2nd five | 3rd five | 4th five | remainder | age | years. | years. | years. | years. | of life. | -----+-----------+-----------+-----------+-----------+-----------+ | â£. s. d.| â£. s. d.| â£. s. d.| â£. s. d.| â£. s. d.| 20 | 1 1 4 | 1 5 10 | 1 10 11 | 1 16 9 | 2 3 8 | 30 | 1 6 4 | 1 12 2 | 1 19 1 | 2 7 4 | 2 17 6 | 40 | 1 16 1 | 2 4 4 | 2 14 6 | 3 7 3 | 4 3 4 | 50 | 2 16 7 | 3 9 4 | 4 5 5 | 5 6 3 | 6 13 7 | -----+-----------+-----------+-----------+-----------+-----------+ detailed prospectuses, and every requisite information as to the mode of effecting assurances, may be obtained at the office. peter morrison, resident director. *** a board of directors attend daily at two o'clock, for the despatch of business. * * * * * panclibanon iron works, bazaar, no. 58 baker street, portman square. london.--gentlemen about to furnish, or going abroad, will find it worth their attention to look into the above establishment, where they will find the largest assortment of general furnishing ironmongery ever offered to the public, consisting of tin, copper, and iron cooking utensils, table cutlery, best shffield plate, german silver wares, papier machee tea trays, tea and coffee urns, stove grates, kitchen ranges, fenders and fire-irons, baths of all kinds, shower, hot, cold, vapour, plunging, &c. ornamental iron and wire works for conservatories, lawns, &c. and garden engines. all articles are selected of the very best description, and offered at exceedingly low prices, for cash only; the price of each article being made in plain figures. * * * * * limbird's magnum bonum pens.--one dozen highly-finished steel pens, with holder, in a box, for 6d.; name-plate engraved for 2s. 6d.; 100 cards printed for 2s. 6d,; crest and name engraved on visiting card for 6s.; arms and crests for book plates on the most reasonable terms; travelling writing-desks at 9s. 6d. 10s. 6d. 12s. 6d. and 14s 6d. each; dressing-cases from 6s. 6d. each; blotting-books in great variety, from 9d.; with locks, 2s. each; royal writing-papers--diamond, five quires for 1s. 2d.; the queen's and prince albert's size, five quires for 1s. 6d.; envelopes, 6d. 9d. and 1s. the 100; and every article in stationery, of the best quality and lowest prices, at limbird's, 143 strand, facing catherine street. * * * * * pianofortes.--messrs moore and co. makers of the improved pianofortes, are now selling their delightful instruments as follows:--a mahogany piccolo, the best that can be made, in a plain but fashionable case, only 28_l._; a 6-1/2 octave ditto, only 32_l._; a cottage ditto, only 32_l._; a 6-1/2 octave cottage ditto, only 38_l._ cabinets of all descriptions. all warranted of the very best quality, packed free of expense, and forwarded to any part of the world. some returned from hire at reduced prices. moore and co. 138 bishopsgate street without, near sun steet. just published, two thick volumes, 8vo. illustrated with six large important maps, 4_l._ cloth, a dictionary, geographical, statistical, and historical, of the various countries, places and principal natural objects in the world. by j.r. m'culloch, esq. "the extent of information this dictionary affords on the subjects referred to in its title is truly surprising. it cannot fail to prove a vade-mecum to the student, whose inquiries will be guided by its light, and satisfied by its clear and frequently elaborated communications. every public room in which commerce, politics, or literature, forms the subject of discussion, ought to be furnished with these volumes."--globe. london: longman, brown, green, and longmans. * * * * * just published in 8vo. price 2s. 6d. railway reform--its expediency, practicability, and importance considered, with a copious appendix, containing an account of all the railways in great britain and ireland, parliamentary returns, &c. "an excellent pamphlet."--morning herald. "the subject is very fully, earnestly, and ably investigated."--morning advertiser. "remarkable for originality of design, boldness of execution, and minuteness in statistical detail."--sun. "we would recommend all who have an interest in railways to purchase this work."--sentinel. pelham richardson, cornhill. * * * * * la'mert on nervous debility, general and local weakness, &c. just published, seventh edition, price 2s. 6d. or free by post for 3s. 6d. self-preservation; a popular essay on the concealed causes of nervous debility, local and general weakness, indigestion, lowness of spirits, mental irritability, and insanity; with practical observations on their treatment and cure. by samuel la'mert, consulting surgeon, 9 bedford street, bedford square, london; matriculated member of the university of edinburgh; honorary member of the london hospital medical society; licentiate of apothecaries' hall, london, &c. published by the author; and sold in london by s. gilbert, 51 and 52 paternoster row; field, 65 quadrant; gordon, 146 leadenhall street; noble, 109 chancery lane; and by all booksellers. "the design of this work will be tolerably obvious from its title, and we cordially recommend the author and his book to all who are suffering from nervous debility and general weakness. mr la'mert has treated the subject in a very scientific and intelligible manner."--wakefield journal. at home every day till three, and from five till eight. * * * * * the fourteenth thousand. just published, in a sealed envelope, price 3s.; and sent free, on receiving a post office order for 3s. 6d. manhood; the causes of its premature decline, with plain directions for its perfect restoration; followed by observations on marriage, and the treatment of mental and nervous debility, incapacity, warm climate, and cure of the class of diseases resulting therefrom. illustrated with cases, &c. by j.l. curtis and co. consulting surgeons, london. fourteenth edition. published by the authors; and sold by burgess, medical bookseller, 28 coventry street, haymarket; mann, 39 cornhill; strange, 21 paternoster row, london; guest, 51 bull street, birmingham; hickling, coventry; robinson, leamington; journal office, leicester; cook, chronicle office, oxford; sowler, 4 st anne's square, manchester; philip, south castle street, liverpool; and sold, in a sealed envelope, by all booksellers. opinions of the press. "this work, a tenth edition of which is now presented to the public--ten thousand copies have been exhausted since its first appearance--has been very much improved and enlarged by the addition of a more extended and clear detail of general principles, as also by the insertion of several new and highly interesting cases. the numberless instances daily occurring, wherein affections of the lungs, putting on all the outer appearances of consumption, which, however, when traced to their source, are found to result from certain baneful habits, fully proves that the principle of the division of labour is nowhere more applicable than in medical practice. we feel no hesitation in saying, that there is no member of society by whom the book will not be found useful, whether such person holds the relation of a parent, a preceptor, or a clergyman."--sun, evening paper. "messrs curtis's work, called 'manhood,' is one of the few books now coming before the public on such a subject which can lay claim to the character of being strictly professional, at the same time that it is fully intelligible to all who read it. the moral and medical precepts given in it render it invaluable."--magnet. messrs curtis and co. are to be consulted daily at their residence, 7 frith street, soho square, london. country patients are requested to be as minute as possible in the details of their cases. the communication must be accompanied by the usual consultation fee of 1_l._; and in all cases the most inviolable secrecy may be relied on. * * * * * foreign newspaper and commission office, 18 cornhill, london. p.l. simmonds, advertising agent, receives regularly files of all the newspapers published in the british colonies and possessions beyond the seas, which are preserved for the facility of reference and inspection, and sent when requested to parties for perusal. also various german, french, italian, american, and other foreign journals. orders and advertisements received for every foreign and european publication. * * * * * photography.--great improvements having been recently effected in this interesting and extraordinary science by mr beard, the patentee, in the process of taking and colouring likenesses, the public are particularly invited to an inspection of varieties, at the establishment, 85 king william street, city; royal polytechnic institution; and 34 parliament street, where exchanges for new in lieu of old portraits may be had, on payment of 5s. colouring small busts, 5s. * * * * * guarantee society. established by act of parliament. capital, â£100,000. trustees. charge hugge price, esq. james francis maubert, esq. thomas fowler, esq. major-general parlby, c.b. to officers of her majesty's service (both civil and military), secretaries, clerks, and all others holding, or about to hold, confidential and responsible situations, this society presents immediate facilities for obtaining surety, or integrity, upon payment of a small annual premium, and by which relatives and friends are relieved from the various pecuniary responsibilities attendant on private suretiships. the surety of this society is accepted by the war office (for payment of regiments and of pensioners), the ordnance, east india company, the customs, the bank of england, and numerous banking, mercantile, and commercial firms, both in london and in the country. forms of application and every information may be obtained at the offices, 28 poultry, london. thomas dodgson, sec. natural mineral waters.--e. h. duhamel and co. 7 duke street, grosvenor square, have constantly on sale the undernamed natural mineral waters, which they can supply fresh and genuine at a very reasonable price. barã¨ges cheltenham malvern schwalbach bath ems marienbad sedlitz bonnes fachingen pullna selters bristol harrogate pyrmont spa cauterets kissengen saidschutz vichy, &c. genuine eau de cologne, digestive pastilles de vichy, and various foreign articles of pharmacy. e.h.d. and co. are the only agents for the copahine-mã¨ge, and for j. jourdain, mã¨ge and co.'s dragã©es minã©rales and dragã©es carboniques for effervescing lemonade, and also for their pilules carboniques, preventive of sea sickness and vomitings of every description. the dragã©es minã©rales, with which a tumbler of mineral water can be instantaneously produced, are considered as the best substitute to the genuine waters, when these cannot be procured and have the advantage of being much cheaper. * * * * * notice. wood paving.--the letters patent granted to me, david stead, for paving with wooden blocks being the first patent obtained on the subject, and rendering all subsequent patents for the same object void, have, after a long investigation at liverpool, been declared valid, notwithstanding the most resolute opposition against me by the real defendants in the case--the metropolitan wood paving company. i therefore warn all public authorities and persons using, or assisting in using wooden blocks for paving, that such infringement upon my patent will be suppressed; but i am prepared (as is my licencee, mr blackie), to execute any extent of wood paving of any description upon contract, and also to grant licenses for the adoption and promotion of the great advantage and benefits of wood paving in london, and all parts of england, scotland, and ireland. for terms, parties may apply to me, or to my solicitor, mr john duncan, 72 lombard street, london, or to mr a.b. blackie, no. 250 strand. (signed) david stead 250 strand, london, sept. 4, 1843. * * * * * wood pavement.--stead v. williams and others. (abridged from the liverpool albion.) this was an action for an infringement of a patent for the paving of roads, streets, &c. with timber or wooden blocks. mr martin and mr webster were for the plaintiff; mr warren and mr hoggins for the defendants; mr john duncan, of 72 lombard street, was the solicitor for the plaintiff. the plaintiff is mr david stead, formerly a merchant of the city of london; the defendants are, nominally, mr lewis williams, and several others, who are the surveyors of streets and paving at manchester; but the action was really against the metropolitan wood paving company. about the year 1836 or 1837 mr nystrom, a russian merchant, with whom mr stead had had transactions in business came to england, having whilst in russia devoted his attention to the mode of pavement in that country, which was done in a great measure by wood. he communicated with mr stead, who paid a great deal of attention to the matter, and materially improved the scheme; and it was the intention of mr nystrom and mr stead, in 1835 or 1837, to take out a patent, but mr nystrom found it necessary to return to russia, and thus frustrated that intention. on the 19th of may, 1838, the plaintiff, however, took out a patent, and this was the one to which attention was directed. four months were allowed for inrolment, but as six months was the usual period, the plaintiff imagined that that would be the period allowed to him, and inadvertently allowed the four months to elapse before he discovered his mistake. on the 21st of june, 1841, however, an act of parliament was passed, confirming the patent to mr stead, as though it had been regularly filed within the prescribed period. a second patent was afterwards obtained, but that related more particularly to the form of blocks. the first patent, which had been infringed, was for an invention consisting of a mode of paving with blocks of similar sizes and dimensions, of either a sexagonal, triangular, or square form, so as to make a level road or surface. the defendants pleaded, amongst other things, that the patent was not an original invention; that it was not useful; and that it was in use prior to the granting of the patent. the jury retired to consult at a quarter past four, and returned at twenty minutes to six o'clock with a verdict for the plaintiff. * * * * * parsons's aleppo office writing ink.--this very superior ink, being made with pure aleppo galls, is equally adapted for quills and steel pens, and combines the requisite qualities of incorrodibility and permanency of colour with an easy flow from the pen. it is therefore strongly recommended to merchants, bankers, solicitors, accountants, and others. *** warranted not to be affected either by time or climate. sold in quart, pint, half-pint, and sixpenny bottles, by john parsons, manufacturer of printing and writing inks, 35 orange street, gravel lane, southwark; and 9 ave maria lane, london. * * * * * under the special patronage of her most gracious majesty, h.r.h. prince albert, the royal family and the several courts of europe. rowland's macassar oil, for the growth, and for _preserving_ and beautifying the human hair. *** to ensure the real article, see that the words _rowland's macassar oil_ are engraven on the back of the label nearly 1,500 times, containing 29,028 letters. without this _none are genuine_. rowland's kalydor, for _improving and beautifying_ the skin and complexion. rowland's odonto, or pearl dentifrice, renders the teeth beautifully white, and preserves the gums. * * * * * caution. numerous _pernicious compounds_ are universally offered for sale as the real "macassar oil" and "kalydor," (some under the _implied_ sanction of royalty), the labels and bills of the original articles are copied, and either a fictitious name or the word "genuine" is used in the place of "rowland's." it is therefore necessary on purchasing either article to see that the word "rowland's" is on the envelope. for the protection of the public from fraud and imposition, the _honourable commissioners of her majesty's stamps_ have authorized the proprietors to have their names engraven on the government stamp, which is affixed to the _kalydor_ and _odonto_, thus- a. rowland & son, no. 20, hatton garden. *** all others are spurious imitations. * * * * * printed by charles reynell, 16 little pulteney street, in the parish of st james, westminster; and published by him at the office of the journal, no. 6 wellington street, strand,--september 16, 1843. proofreaders series xxvi nos. 7-8 johns hopkins university studies in historical and political science under the direction of the departments of history, political economy, and political science the elizabethan parish in its ecclesiastical and financial aspects by sedley lynch ware, a.b., ll.b. fellow in history. published monthly july-august, 1908 preface these chapters are but part of a larger work on the elizabethan parish designed to cover all the aspects of parish government. there is need of a comprehensive study of the parish institutions of this period, owing to the fact that no modern work exists that in any thorough way pretends to discuss the subject. the work of toulmin smith was written to defend a theory, while the recent history of mr. and mrs. webb deals in the main with the parish subsequent to the year 1688. the material already in print for such a study is very voluminous, the accumulation of texts having progressed more rapidly than the use of them by scholars. my subject was suggested to me by professor vincent, to whom as well as to professor andrews i am indebted for advice and assistance throughout this work. in england i have to thank messrs. sidney webb, hubert hall and george unwin, of the london school of economics, for reading manuscript and suggesting improvements. for similar help and for reference to new material my acknowledgments are due to mr. c.h. firth, regius professor of modern history, oxford, and to mr. c.r.l. fletcher, of magdalen college. at the british museum i found the officials most courteous, while the librarians of the peabody institute, baltimore, have given me every aid in their power. contents. chapter i. the ecclesiastical government of the parish. its importance in local government archdeacons' courts illustrations from act books of judicial administration churchwardens' duties ministers' duties obligations exacted from all alike control of church over education and opinion how courts christian enforced their decrees effectiveness of excommunication evils and abuses of the system jurisdiction of queen's judges in ecclesiastical matters chapter ii. parish finance. endowed parishes expedients for raising money church-ales, plays, games, etc offerings and gatherings communion dues sale of seats, pew rents parish tariffs for burials, marriages, etc. income from fines and miscellaneous receipts rates and assessments independence of parish as a financial unit significance of this in county government the elizabethan parish in its ecclesiastical and financial aspects. chapter i. the ecclesiastical government of the parish. the ecclesiastical administration of the english parish from the period of the reformation down to the outbreak of the great civil war is a subject which has been much neglected by historians of local institutions. yet during the reign of elizabeth, at least, the church courts took as large a share in parish government as did the justices of the peace. not only were there many obligations enforced by the ordinaries which today would be purely civil in character, but to contemporaries the maintenance of the church fabric and furniture appeared every whit as important as the repairing of roads and bridges; while the obligation to attend church and receive communion was on a par with that to attend musters, but with this difference, that the former requirement affected all alike, while the latter applied to comparatively few of the parishioners. in the theory of the times, indeed, every member of the commonwealth was also a member of the church of england, and conversely. allegiance to both was, according to the simile of the elizabethan divine, in its nature as indistinguishable as are the sides of a triangle, of which any line indifferently may form a side or a base according to the angle of approach of the observer[1]. the queen was head of the commonwealth ecclesiastical as well as of the commonwealth civil, and as well apprized of her spiritual as of her temporal judges[2]. for both sets of judges equally parliament legislated, or sanctioned legislation. sometimes, in fact, it became a mere matter of expediency whether a court christian or a common law tribunal should be charged with the enforcement of legislation on parochial matters. thus the provisions of the rubric of the book of common prayer were enforced by the justices as well as by the ordinaries. again, secular and ecclesiastical judges had concurrent jurisdiction over church attendance, and--at any rate between 1572 and 1597[3]--over the care of the parish poor. finally, it must not be supposed that the men who actually sat as judges in the archdeacon's or the bishop's court were necessarily in orders. in point of fact a large proportion, perhaps a large majority of them, were laymen, since the act of henry viii in 1545 permitted married civilians to exercise ecclesiastical jurisdiction.[4] in the treatment of our subject the plan we shall follow is, first, to make some preliminary observations as to the times, places and modes of holding the church courts; second, with the aid of illustrations drawn from the act-books of these courts, to show how their judicial administration was exercised over the parish, either through the medium of the parish officers or directly upon the parishioners themselves; third, to analyze the means at the command of the ecclesiastical judges to enforce their decrees; and, finally, to point out that from its very nature the exercise of spiritual jurisdiction was liable to abuses, and must at all times have proved unpopular. speaking generally (for the jurisdictions called "peculiars" formed exceptions), england was divided for the purposes of local ecclesiastical administration and discipline into archdeaconries, each comprising a varying number of parishes. twice a year as a rule the archdeacon, or his official in his place, held a visitation or kept a general court (the two terms being synonymous) in the church of some market town--not always the same--of the archdeaconry. the usual times for these visitations were easter and michaelmas. the bishops also commonly held visitations in person, or by vicars-general or chancellors, once every third year throughout their dioceses. yet at the semiannual visitations of the archdeacon as well as at the triennial visitations of the bishop, the mode of procedure, the class of offences, the parish officers summoned, the discipline exercised--all were the same, the bishop's court being simply substituted for the time being for that of the archdeacon. there were other visitations: those of the queen's high commissioners, and those of the metropolitan. there were a very great number of other courts, but for the purposes of the every-day ecclesiastical governance of the parish the two classes of courts or visitations above mentioned are all that need concern us. it is, however, important to state, that while churchwardens and sidemen were _compelled_ to attend the two general courts of the archdeacon (and of course the bishop's court) and to write out on each occasion formal lists of offenders and offences ("presentments" or "detections") these parish officers might also at any time make _voluntary_ presentments to the archdeacons. those functionaries, in fact, seem to have held sittings for the transaction of current business, or of matters which could not be terminated at the visitation, every month, or even every three weeks. others may have sat (as we should say of a common-law judge) in chambers.[5] before each general visitation an apparitor or summoner of the court went about and gave warning to the churchwardens of some half-dozen parishes, more or less, to be in attendance with other parish officers on a day fixed in some church centrally located in respect of the parishes selected for that day's visitation. the church of each parish was, indeed, not only its place for worship, but also the seat and centre for the transaction of all business concerning the parish. in it, according to law, the minister had to read aloud from time to time articles of inquiry founded on the queen's or the diocesan's injunctions, and to admonish wardens and sidemen to present offences under these articles at the next visitation.[6] in it also he gave monition for the annual choice of collectors for the poor;[7] warning for the yearly perambulation of the parish bounds;[8] and public announcement of the six certain days on which each year every parishioner had to attend in person or send wain and men for the repair of highways.[9] in the parish church also proclamation had to be made of estrays before the beasts could be legally seized and impounded.[10] here, too, school-masters often taught their pupils[11]--unless, indeed, the parish possessed a separate school-house. here, in the vestry, the parish armor was frequently kept, and sometimes the parish powder barrels were deposited;[12] here too, occasionally, country parsons stored their wool or grain.[13] finally, in the parish church assembled vestries for the holding of accounts, the making of rates and the election of officers. overseers of the poor held their monthly meetings here. occasionally the neighboring justices of the peace met here to take the overseers' accounts or to transact other business;[14] and in the church also might be held coroners' inquests over dead bodies.[15] last, but not least in importance, in the churches of the market towns the archdeacon made his visitations and held his court; and on these occasions the sacred edifice rang with the unseemly squabbles of the proctors, the accusations of the wardens and sidemen or of the apparitor, and the recriminations of the accused--in short, the church was turned for the time being into a moral police court, where all the parish scandal was carefully gone over and ventilated.[16] the ecclesiastical courts carried on their judicial administration of the parish largely, of course, through the medium of the officers of the parish. these were the churchwardens, the sidemen and the incumbent, whether rector, vicar or curate.[17] first in importance were the churchwardens. though legislation throughout the time of elizabeth was ever adding to their functions duties purely civil in their nature, and though they themselves were more and more subjected to the control of the justices of the peace, nevertheless it is true to say that to the end of the reign the office of churchwarden is one mainly appertaining to the jurisdiction and supervision of the courts christian. the doctrine of the courts that churchwardens were merely civil officers belongs to a later period.[18] after a churchwarden had been chosen or elected, he took the oath of office before the archdeacon. in this he swore to observe the queen's and the bishop's injunctions, and to cause others to observe them; to present violators of the same to the sworn men (or sidemen), or to the ordinary's chancellor or official, or to the queen's high commissioners; finally, he swore to yield up a faithful accounting to the parish of all sums that had passed through his hands during his term of office.[19] before each visitation day, as has been said, the archdeacon's or the bishop's summoner went to each parish and gave warning that a court would be held in such and such a church on such and such a day. pending that day wardens and sidemen drew up their bills of presentment. these bills were definite answers to a series of articles of inquiry founded on the diocesan's injunctions, themselves based on the queen's injunctions of 1559 and on the canons.[20] failure to present offences was promptly punished by the judge.[21] failure to attend court when duly warned was no less promptly followed by excommunication, and then it was an expensive matter for the wardens to get out of the official's book again.[22] but of fees and fines more hereafter. among the churchwardens' principal obligations, as laid down in the injunctions and articles they were sworn to observe, was the keeping in repair of the church fabric and its appurtenances, as well as the procuring and the maintaining in good condition of the church "furniture," a term which in the language of the time included all the necessaries for worship and the celebration of the sacraments: church linen, surplices, the communion cup, the elements themselves, bibles, prayer books, the writings of authorized commentators on the scriptures, or the works of apologists for the anglican church; tables of consanguinity and other official documents enjoined to be kept in every parish by the diocesan.[23] the visitation act-books of the period abundantly show the processes employed by the ecclesiastical authorities in enforcing these and other duties (which will be detailed in their turn), and prove that the courts christian were emphatically administrative as well as judicial bodies. to show these courts at work it will be necessary to give a number of illustrative examples taken from the visitation entries. thus the wardens of childwall, having been presented at the visitation of the bishop of chester, 9th october, 1592, because their church "wanteth reparac[i]on," are excommunicated for not appearing. on a subsequent day john whittle, who represents the wardens, informs the court that the repairs have been executed. thereupon the wardens are absolved and the registrar erases the word "excommunicated" from the act-book.[24] at the same visitation the wardens of aughton are presented because "there bible is not sufficient, they want the first tome of the homilies, mr. juells replie and apologie[25] [etc.]...." the two wardens are enjoined by the judge to buy a sufficient bible and to certify to him that they have done so. but--so careful is the supervision over parish affairs--mere certification by vicar or wardens that a certain article has been procured in obedience to a court order will not always suffice. if the thing can be produced in court the judge often orders it to be brought before him for personal inspection. accordingly, when at the visitation of the chancellor of the bishop of durham, the 13th march, 1578/1579, the wardens of coniscliffe are found to "lacke 2 salter bookes [and] one booke of the homelies," they are admonished to certify "that they have the books detected 4th april and to bringe their boks hither."[26] thus, too, the wardens of st. michael's, bishop stortford, record in 1585 that they have paid 8d. "when we brought in to the court the byble and comunion booke to shewe before the comysary."[27] there is a curious entry in the same accounts some years earlier, viz.: "pd for showing [shoeing] of an horse when mr jardfield went to london to se wether it was our byble that was lost or no and for his charges...."[28] at the visitation held at romford chapel, essex archdeaconry, 5th september, 1578, the wardens of dengie "broughte in theire surplice, which surplice is torne & verie indecent & uncomly, as appereth; whereupon the judge, for that theie neglected their othes, [ordered them to confess their fault and prepare] a newe surplice of holland cloth of v s. thele [the ell], conteyninge viii elles, _citra festum animarum prox_." remembering that money was then worth ten to twelve times what it is today, this was probably considered too great a burden by the parishioners of dengie. a petition must have been presented to be allowed to procure a cheaper surplice, for on the 6th october following the wardens were permitted to prepare a surplice containing six ells only at the reduced price of 2s. 8d. per ell.[29] it seems to have been the practice in the dean of york's peculiar for the judge to threaten the churchwardens occasionally with a fine for failure to repair their church or supply missing requisites for service by a fixed day. thus at dean matthew hutton's visitation, july, 1568, the churchyards of hayton and of belby were found to be insufficiently fenced. the order of the court was: "_habent ad reparanda premissa citra festum sancti michaelis proximum sub pena xx s_."[30] so, too, the thornton wardens at the same visitation are warned to repair the body of their church "betwixt this and michlmes next upon paine of x s."[31] but as spiritual tribunals had no legal power to fine[32] or to imprison, apparently the usual penalty prescribed by the judges in case of disobedience to, or neglect of, their orders to repair or replace by a certain day, was, in the words of bishop barnes addressed to the churchwardens in durham diocese, the "paynes of interdiction and suspencion [_i.e._, temporary excommunication] to be pronounced against themselves."[33] yet here, too, the wardens did not escape indirect amercement, for absolution from interdiction or excommunication often meant a payment of various court fees, which in many cases were by no means light. these fines the wardens put to their credit in the expense items of their accounts if they could possibly do so, and it is probable that the parish always paid them except in cases of very gross individual delinquency in office. thus the wardens of st. martin's, leicester, record: "payd to mr. comyssarye whe[n] we was suspendyd for lackynge a byble & to hys offycers xxiij d."[34] the wardens of melton mowbray register: "ffor our chargs & marsements at lecest[e]r ... for yt ye rood loft whas not takyn down & deafasyed iiij s. iiij d."[35] in the same accounts we find some years later: "payde to ... at the vicitacion houlden at melton for dismissinge us oute of there bookes for not reparinge the churche iij s. ij d."[36] so, also, we read in the st. ethelburga-within-bishopsgate accounts: "paid in d[octor] stanhope's courte beinge p[re]sented by p[ar]son bull aboute the glasse windowes xvj d." and nine years later: "paid for mr gannett and myselfe ['humfery jeames'] for absolution iiij s. viij d." also: "paid for our discharge at the courte for [from] our excomm[uni]cacon xvj d."[37] the act-books abundantly show that ecclesiastical courts were very far from being limited to mere moral suasion or to spiritual censures. they could never have accomplished their work so thoroughly if they had been. this point will be brought out much more clearly, it is hoped, when we come to consider excommunication as a weapon of coercion.[38] the courts fined parishioners individually[39] and they fined them collectively. what matters it that these fines were called court fees, absolution fees, commutation of penance, or by any other name? what signifies it that the proceeds could be applied only _in pios usus_? the mulcting was none the less real. on the score of bringing stubborn or careless wardens to terms through their purses, the following extract from a letter written in 1572 to the official of the archdeacon of the bishop of london is in point. the letter informs the judge that jasper anderkyn, a churchwarden, "hathe done nothing of that which he was apoinnted by your worshipp at mydsomer to do, for the churche yarde lyeth to commons and all other thynkes in the churche is ondonne.... i praye you dele w[i]t[h] hym so yt he maye be a presydent for them that shall have the offyce; for they wyll but jess att itt, and saye it is butt a mony matter: therefore lett them paye well for the penaltie whiche was sett on theire heads." continuing, the writer states that his reason for writing is "that you be not abewseid in youre office by there muche intreatyng for themselffes, for jesper anderkyn stands excommunicated."[40] sometimes for failure to perform the ordinary's[41] injunctions a whole parish was excommunicated or a church interdicted.[42] thus in the abbey parish church[43] accounts we read under the year 1592 how troublesome and how costly it was "when the church was interdicted" to ride to lichfield and there tarry several days seeking absolution. for this 20 shillings was paid, a very large sum for the time, not to mention a fee to the summoner, travelling expenses and the writing of letters on the parish's behalf.[44] the wardens of stratton, cornwall, had a similar experience "when the churche wardyns & the hole p[ar]ysch was exco[mu]nycatt" in 1565. among the expense items relating to that occasion is a significant one: "ffor wyne & goodchere ffor the buschuppe ys s[er]vantt[s] ij s. viij d."[45] so close is the supervision of the ordinary over the churchwardens, so effective the discipline of the church courts, that we seem to hear occasionally a sort of dialogue going on between judges and wardens, the former directing certain things to be executed, the latter replying and reporting from time to time that progress is being made on the work to be performed, or that the missing objects will be soon supplied. accordingly, at the archdeacon of canterbury's visitation in 1595, we find the wardens of st. john in thanet (margate) reporting: "the chancel[46] is out of repairs, for the repairing whereof some things are provided."[47] two years later they state to the court: "for repairing of the churchyard we desire a day."[48] at the same visitation the wardens of st. lawrence in thanet (ramsgate) present: "our church is repaired, saving that some glass by reason of the last wind be broken, the which are [sic] shortly to be amended."[49] as a final illustration on this score may be adduced the report of the conscientious wardens of kilham, yorkshire, who certify to the judge of that peculiar, august, 1602, "that there churche walles ar in suche repaire as heretofore they have beyne. but not in suche sufficient repaire as is required by the article[50] for that effect ministred vnto us."[51] but the upkeep of the church and its requisites[52] was only one of the churchwardens' many tasks. they had to look to it that the people attended church regularly; that the victuallers and ale-houses received no one while service was being held or a sermon was preached; that each person was seated in his or her proper place, that each conducted himself with decorum and remained throughout the service. accordingly the act-books tell their interesting story of ministers on beginning service sending wardens and sidemen abroad to command men to come to church. the churchwardens and their allies have all sorts of experiences: they break in upon "exercises" or conventicles;[53] they peep in at victuallers' houses or at inns where irate hosts slam doors in their faces and give them bad words on being caught offending;[54] they come across merrymakers dancing the morris-dance on the village green during sunday afternoon service,[55] or they surprise men at a quiet game of cards at a neighbor's house during evening prayer.[56] when admonished by the wardens to enter church, some merely gave contemptuous replies, such as "what prates thou?";[57] others, when the wardens approached, took to their heels and ran away.[58] once inside the church the wardens' task was by no means ended. they had the care of placing each one in his or her seat according to degree;[59] according to sex;[60] and, in case of women, according as they were old or young, married or unmarried.[61] finally, as has been said, the wardens were expected to keep watch lest some one slip out before the service was over or the sermon ended.[62] but while they have one eye on the congregation lest they offend, wardens and sidemen must keep another on the minister while service proceeds or the sacraments are administered, in order that the rites be duly observed and the rubric followed. the curate of theydon gernon (essex) is presented by wardens and sidemen "_quia non fecit suam diligentiam in dicendo preces_, viz. the communion and litany";[63] while the rector of east hanningfield in the same archdeaconry is not only complained of to the ordinary for not maintaining the book of articles, and not using the cross in baptism, but he is also indicted on the same occasion for not praying for the queen "accordinge to hir injunctions, viz. he leaveth out of hir stile the kingdome of fraunce."[64] the court's order was that the rector should acknowledge his error on the following sunday "_coram gardianis_." the wardens of wilton, yorkshire, report to the commissary of the dean of york that their curate recites divine service "very orderlie," but not at a fit time, for he holds service at eight in the morning and two in the afternoon.[65] finally, the rector of pitsea is complained against to the archdeacon of essex for "that he is unsufficient to serve the cure ine that theie are not edified by him...."[66] if the parson neglected his duties it was incumbent upon the wardens to exhort him to perform them.[67] when at the visitation of the bishop of chester in 1592 it was found that there was no surplice at bolton church, manchester deanery, not only did the judge admonish one of the bolton wardens to buy the surplice, but he was instructed "to offer hit to thee vicar at the time of ministering the sacraments, and to certify of his wearing or refusing of hit before the feast of the nativity of our lord next."[68] by virtue of searching articles of inquiry administered to them,[69] such as, is your vicar a double-beneficed man, and, if so, is he lawfully dispensated? does he keep hospitality? if non-resident does he give the fortieth part to the poor? does your minister wear a surplice at the appointed times, yea or no? does he use the cross in baptism and the ring in marriage?[70] does your schoolmaster teach without licence of his ordinary under seal, or no? do you know any person excommunicate in your parish who repairs to church? do you know anyone ordered by law to do penance, or excommunicate for not doing the same, who still continues unreformed?--by virtue of this strict questioning by the ordinary put to them in written articles before each visitation, church wardens, and their coadjutors, the sworn men or sidemen, were compelled to exercise a continual supervision over their minister's conduct as well as over that of the parishioners generally. this fact, coupled with the circumstance that they were themselves liable to be reported to the court and punished if they failed to indict, accounts for the cautious presentments made by these elizabethan wardens. those of great witchingham, norfolk, for instance, inform the chancellor that their parson "holdeth two benefices, but whether lawfully dispensated they know not," and they add that a schoolmaster in their parish "teacheth publicly, but whether licenced or not they know not."[71] the wardens of ellerburn, yorkshire, present jane gryme for fornication, and add "but whether the curate did churche hir or no they cannot say."[72] and the following year they bring to the court's knowledge "that their vicar ... is not resident upon his vicaredg, but what he bestoweth upon the poore they know not."[73] lastly, the very prudent wardens of pickering in the same peculiar bring in their presentment in this fashion: "_qui dicunt et presentant_ there vicar for that he for the moste parte, but not alwaies dothe weare a surplesse in tyme of dyvyne service. they present there vicar for that they ar vncerteyne whether his wif[e] was commended vnto him by justices of peace, nor whether he was licenced to marrye hir according to hir maiestie's iniuncions."[74] the almost unseemly interest here displayed by the wardens in their vicar's matrimonial relations is explained by the provisions of article xxix of the queen's injunctions of 1559, which ordain that no priest or deacon shall wed any woman without the bishop's licence and the advice and allowance of two neighboring justices of the peace first obtained. other parish obligations enforced by the courts christian through the churchwardens were the keeping of annual perambulations (or, as we should say today, beating the bounds of the parish) by parson, wardens and certain of the substantial men of the parish, in the second week before whit-sunday ("rogation week");[75] the exhibiting to the official of the parish register, or the putting in of copies of it once a year at easter;[76] the choosing in conjunction with the parson of collectors for the poor up to 1597, in most parishes at any rate;[77] the levying of the 12d. fine on all those who absented themselves from service;[78] the putting down of all "superstitious" rites in the parish, such as the carrying of banners in perambulation week or the wearing of surplices on such occasions;[79] the ringing of the church bells on hallowe'en, or on the eve of all souls; excessive tolling of bells at funerals,[80] etc. from the point of view of their fellow-parishioners, no doubt, the most important function of the wardens was that of administering the parish finances. this subject will be considered at length in the chapter which follows, but the fact that the spiritual courts enforced the levying of rates for church repair, etc., through the wardens, as well as an accounting to the parish of all monies received or disbursed, concerns us here. when the ealing wardens were "detected" to the chancellor of the bishop of london because they had no pulpit-cloth, no poor-box, nor the paraphrases of erasmus, they appeared and declared in court that they had not provided these things "nor can do it, for that there is no churche stock wherewith to do it." hereupon they were admonished that the judge's pleasure was that they should procure mr. fleetwood and mr. knight (evidently two prominent parishioners) to make an assessment on the parish in order to purchase these articles, and further that they (the wardens) should certify to the court at a later day fixed that the rate had been laid and the missing requisites bought, unless, indeed, some refused to pay, in which case their names should be handed into court.[81] so, again, when rector and wardens of sutton were presented in the same court for letting their church go to ruin, they protested that the reason was that â£40 "will skant repayre it, and that so mutch cannot be levied of all the land in the p[ar]ishe." but this excuse was not for a moment admitted, and they were warned to appear in the next consistory court to take out a warrant for the assessment of the lands.[82] though the wardens did not themselves in practice always make the rate directed by the archdeacon, yet they were held responsible for its making. so true was this that if, after a duly called parish meeting for the purpose of laying the rate in obedience to the archdeacon's orders, no parishioners appear, then, in the words of the archdeacon's official to the wardens of ramsden bellhouse (essex): "if the inhabitants of the said p[ar]ish will not join with the said church wardens &c., that then the said churchwardens shall themselves make a rate for the leveinge of the said charges [etc.] ..."[83] finally, the archdeacons or their officials always stood ready to enforce an accounting by the outgoing wardens to the parishioners or their representatives. if the accounting was delayed too long, or if the surplus was not promptly handed over to the incoming (or newly elected) wardens, then the delinquent officers were cited before the court. numerous instances are found in the court records of the enforcing of this duty. [84] a permanent parish officer and one over whose appointment the parishioners had usually no control [85] was the parish minister, whether officiating rector, vicar or curate. [86] elizabethan statutes and canons sought to increase the dignity of the incumbents of cures, [87] but royal greed did yet more to lower it. [88] the minister was usually addressed by his parishioners as "sir" john, or "sir" george, etc., quite irrespective of his actual rank,[89] and this in an age of punctilious distinctions in forms of address. in the small country parishes the incumbent was often the only, or almost the only, educated man in the community. his advice had naturally considerable weight in parish affairs, and his pen was often required in the drawing up of official or legal documents, certifications or testimonials, the casting up of parish accounts and the like.[90] we find in the act-books officiating rectors or vicars presented for non-residence upon their cures;[91] while rectors and other recipients of great tithes are "detected" at visitations for not repairing the chancels in their churches; or not maintaining their vicarage buildings with barns and dove-cotes;[92] or for not providing quarter sermons where the clergyman serving the cure was not himself licenced to preach;[93] beneficed men not resident are arraigned for not giving the fortieth part of their revenue to the parish poor;[94] resident ministers indicted for not keeping hospitality,[95] or for not visiting the sick.[96] just as the wardens were to look after the conduct of their minister, so the minister was required to fill the office of a censor upon the behavior of the wardens and to report to the ordinary their delinquencies--as, indeed, the trespasses of any among his congregation, though the latter task was more particularly assigned to the wardens and sidemen.[97] furthermore the minister was the vehicle through which the commands of the authorities, lay or ecclesiastical, were conveyed to the parishioners. he was compelled to read these commands or injunctions at stated times and exhort his hearers to obey them. for failure to comply with this duty, he might be cited before the official,[98] and punished by that officer.[99] the curate of east hanningfield, essex, is presented in 1587 for "that he hathe not geven warninge to the church-wardens to looke to there dutie in service tyme, for such as are absent from service."[100] the curate of monkton, kent, is brought before the court in 1569 for that he "doth not call upon fathers and mothers and masters of youths to bring them up in the fear of god."[101] when the archdeacon sent down an excommunication against any one of the parish, it was delivered to the minister to be solemnly proclaimed by him from the pulpit,[102] and thereafter he had to see that the excommunicate person remained away from service until absolution was granted[103] by the ordinary, which absolution was then publicly pronounced from the pulpit.[104] when penance had to be done in church by an offender, it was the duty of the parson to superintend the performance; to say, if necessary, before the congregation the formula of confession prescribed for the offence, in order that the guilty person might repeat it after him;[105] to exhort the persons present to refrain from similar transgressions; to read, on occasion, some homily bearing upon the subject;[106] and finally to make out a certificate (together with the wardens, if necessary) that the penance had been carried out as enjoined by the judge. besides the celebration of the rites pertaining to his priestly office, which need not detain us here, there were many other duties which the ecclesiastical courts enjoined on the parish incumbent. some of these have already been referred to.[107] others will appear as we view the discipline of the courts christian when exercised over the parishioners at large, to which subject we shall now address ourselves. foremost among the requirements exacted by the ordinaries from all alike was the duty of attending church. every one had to frequent service on sundays and on feast-days, and to be present at evening as well as at morning prayer.[108] nor might a man repair to a church in another parish because it was nearer than his own.[109] should his own minister be unlicenced to preach--and only about one incumbent out of four or five was licenced[110]--he was not permitted, except under special authorization,[111] to hear a sermon in another church while service was going on in his own.[112] if, however, a man were able to pay the statutory[113] fine of 12d. for each absence on holy days he could, it would seem, in practice resort to his parish church only on occasions, say once a month, and yet not get himself written down as a recusant.[114] heads of families were made responsible for the attendance of their children and servants; innkeepers or victuallers for their guests.[115] if it was not permissible to frequent service in another place of worship, neither was it optional with a parishioner to get married elsewhere than in his own church.[116] there, too, his marriage banns had to be published--and it was a presentable offence to marry without banns;[117] there he had to have his children christened[118] and his wife churched;[119] there he was compelled to send sons, daughters or apprentices to be catechized,[120] and there himself learn the principles of religion (if he were ignorant of them), for without a knowledge of the catechism and the ten commandments he could not receive communion.[121] all persons over fourteen had to receive communion at easter, and at least on two other occasions during the year.[122] in fact readiness to receive according to the anglican rites became the test of a loyal subject.[123] the strict requirement to report all non-communicants to the official resulted in the keeping of books in which were written the names of the parish communicants.[124] next in importance to church attendance and the observance of the sacraments came the duty of all parishioners to contribute to the parish expenses. we have viewed church courts at work, compelling wardens to levy church rates; we have now to see how the judges forced recalcitrant ratepayers to pay the sums assessed upon them to the wardens or other collectors. among the earliest vestry minutes of the parish of st. christopher-le-stocks, london, is one which, after ordering that an assessment be made for the clerk's wages and for pews, decreed that any rebellious persons should be summoned before themselves, the vestry, to be reformed. but if the rebel would not appear, or, on appearance, remain stubborn to reason, then the churchwardens should sue him before the ordinary at the parish costs "vntill suche tyme as he be reduced vnto a good order, and hath paid bothe the costys of the sute and the chargs that he owith vnto the church...."[125] fifty years later we find this vestry ordaining the same procedure to be followed against parish debtors, and referring to its former order.[126] it seems, in fact, to have been the well-understood thing that just as parish rates to defray the costs of those matters of parish administration, falling within the province of the ecclesiastical courts, were to be assessed by the authority, and under the direction, of those courts, so, too, the recovery of these rates was to be had before the same tribunals. it is not denied that recourse may occasionally have been made in these matters to the courts of common law, but it is believed that the proper remedy was at ecclesiastical law.[127] furthermore, we believe that the means at the disposal of the ecclesiastical courts for putting their judgments into effect were quite sufficient and in practice effective. what these means were will be taken up and discussed a little further on. returning to the matter of suing parish debtors in courts christian, it is interesting to find that in the language of the period a suit "at law" did not always mean at common law. an order of the vestry of stepney, london, in february, 1605-6, after determining the manner in which â£50 should be raised to pay off parish debts due to the bell founder, adds that persons refusing to pay their shares, or neglecting to do so, should not find themselves aggrieved "if the same be recouered against them by lawe." and the meaning of this term is fully explained by these subsequent words in the same order, that the churchwardens shall "at the chardg of the p[ar]ish appointe and entertayne one doctor and a proctor to sue and recouer the same by lawe of any p[er]son [etc.]."[128] now doctors and proctors practiced before ecclesiastical tribunals only.[129] that presentment to the ordinary was the common and usual way, not only of recovering church rates, but any thing of value that belonged to the parish and was unjustly detained, the act-books and other documents of the time plentifully show. thus in archbishop parker's visitation articles for the diocese of canterbury in the year 1569, he requires all churchwardens to report to their ordinaries "whether there be any money or stoke, appertaininge to any paryshe churche, in anye manne's handes, that refuse or differeth to paye the same [etc.]."[130] the wardens of melton mowbray record under the year 1602 an item for charges at the court at leicester against a parishioner "for not payinge his levi for the churche."[131] those of ashburton, devon, itemize in 1568-1569 two shillings "for a zytation to those that wold nott pay to the power."[132] as the wardens of east tilbury were going about among the parishioners demanding money of each one according to the rating inscribed on an assessment roll which they carried with them, one garrett, a constable, discontented that he himself should be rated as high as four shillings, seized the roll and refused to produce it. this, of course, put an end to further collections. for this he was presented by the vicar before the consistory court at stratford bow chapel. here he alleged that the rating "was very unequally made." but the judge warned garrett to appear in court the following tuesday to answer for his contempt. further he was to pay his four shillings to the wardens and bring to the judge the wardens' certificate that he had done so. on the day appointed garrett was present in court with the vicar and wardens. the decree of the court is headed: "_negotiu[m] reparac[i]o[n]is eccl[esi]e de_ east tilburie," and is so characteristic of the thoroughgoing and searching manner in which ordinaries supervised the administration of parish affairs that we cannot forbear to quote a large part of it in full. "touchinge the same wm garrett," the registrar inscribes in the act-book, "the churchwardens do here testifie that he hathe payd his iiij s. w[hi]ch he was rated at...& they saye they have receyved it. towching the churchwardens & the repayre [of] the church," the scribe continues, "the judge doth order that the minister, mr howdsworth, [and seven others named, including wardens, sidemen and constables]...p[ro]cure workmen of all trad[es], & then sett downe under their hand in writing what chardg it will be to repayer the church sufficiently in all thing[s] wharein it is decayd, as namely, tyling, paving, masonns worke, carpenters worke & glasing...and when they have under the workmens hand founde what will repayer the churche in every p[ar]ticuler, then shall they all nyne assemple themselves in the church [on a day named]...and make a rate to that proportion w[hi]ch shall remayne above the rate already allowed of...and they shall certify in stratford bowe chappell bothe of the vew making by the workmen, of the gathering of the rate already made, of their making a new rate...and of the gathering thereof; and likewise how farr they have p[ro]ceeded in the repayer of the church the ixth of aprill next: and for the punish[men]t of him, the said wm garrett, for his contemptuous taking away of the rate, as is complayned of, it is respited untill this p[resent] order be p[er]formed; & he is now monished to appeare in the consistorie the first court day [etc]...."[133] so, too, when richard fynsett of clayton, sussex, was "detected" to the official for not paying his rate for church repairs, november, 1595, he appeared and claimed that not only was his rating excessive, but that the assessment had not been according to custom, to wit, made by the majority of the parishioners. he was summoned by the judge to prove his allegation at the next court day, and to pay his court and other fees. he was probably unable to prove his point, for under the 9th december following the record simply states "_comparuit et solvit feoda debita_."[134] the wardens of swalecliffe, kent, complain to the archdeacon of canterbury in 1565 that their church is near utter decay, but the parish is so poor that they cannot repair it unless an assessment be made on the lands within the parish, for the making of which assessment they ask for an authorization.[135] two years later they appear and say in court that their church still lacks windows, "and the parish is not able to mend the same, without it may please you that the rest of the cess that was made may be levied, which we cannot get unless we have your aid."[136] in the same way the wardens of st. alban's "implored the aid of the judge," because they wished divers persons who refused to pay their rates "co[m]pelled therunto by aucthoritye of this court," otherwise the unpaid workmen on their ruinous church would leave, and the half-finished structure sustain damage by winter weather.[137] the act-books teem with such presentments as the following: one holaway refuses to give to the poor-box, "and is found able by the parish."[138] thomas arter will give but a half-penny to the poor. arter appears and "saithe that he is not of the wealthe that men takithe him to be." the judge commands him to pay a half-penny every week, and dismisses him.[139] "john wilson haithe not paide his clerke wages by the report of the clerke."[140] "here follow the names of such, as being able, refuse notwithstanding to pay to the poor man's box [eight names follow]";[141] or "the presentment made by the churchwardens and sidemen...of all such as are behind for a cess made for the church and refuse to pay [five names]."[142] john baldwin presented for that "the fame and report goeth" that he keeps back â£10, a legacy given seven years previously for church repairs and the poor-box, "and the church and the poor have wanted the same, having no benefit thereof, as we know."[143] one consant received a cow belonging to the parish "and hath not made an account to the parish for her."[144] jeremy robson is cited "for detaining our clerk's wages from the land which he occupieth in our parish after 6 s. 8 d. for a plough land of 140 acres."[145] two lessees of the parish are presented "for withholding the farm of two acres and a half of church land one year and a half unpaid."[146] john smithe presented for felling and selling a great oak which stood upon church land, "whereas now we stand in lack of the same to repair our church."[147] a parishioner is cited before the ordinary because he withholds church goods and refuses both to enter into bond for them and to make an accounting.[148] so men are presented for not paying the parish fees due for the burial of members of their family, or for the ringing of knells;[149] for suffering a church tenement or a part of the church fence, which they are bound to repair, to fall into decay,[150] and so forth. in short, any one at all, whether in the capacity of parish officer; rate payer; trustee; administrator or executor; lessee of the parish cattle or its lands or tenements--any one, in fact, standing in the relation of debtor to the parish in a matter falling within the jurisdiction of the spiritual courts, could be, and was, compelled by these to pay or to account to the parishioners. not only did the church regulate many acts of a parishioner's life, and preside over his moral conduct, making him pay in great measure the costs of this disciplinary administration, but it also was entrusted with his education, through which it sought to control his ideas and convictions, and to direct and form public opinion. the education and training of a nation depend, of course, in greatest measure on its primary schools and its press. as for its universities, these are but the apex on the educational pyramid, for a very select few only. now the primary schools were represented in the times whereof we write by the parish schoolmaster, the familiar "_ludimagister_" of the canons and act-books, and by the incumbent himself. for the people at large the press was represented almost entirely by the licenced preacher, and, in the larger towns, the licenced lecturer. the canons of 1571 ordain that no one shall teach the humanities nor instruct boys, whether in school or in private families,[151] unless the diocesan licence him under his seal. nor are schoolmasters to use other grammars or catechisms than those officially prescribed. every year schoolmasters are to commend to the bishop of the diocese the best read among their pupils, and those that by their achievements give promise that they may usefully serve the state or the church, so that their parents may be induced to educate them further to that end.[152] bishop barnes in his injunctions of 1577 commands that all incumbents of cures in durham diocese not licenced to preach shall "duly, paynefully and frely" teach the children of their several parishes to read and write. furthermore, teachers shall exhort the parents of those boys who have proved themselves apt at learning and of "pregnant capacitie" to cause their sons to continue their studies and to acquire the good and liberal sciences. on the other hand they shall induce fathers of sons of little wit or capacity to put them to husbandry, or some other suitable craft, that they may grow to be useful members of the commonwealth.[153] in this diocese we find schoolmasters by profession ("_ludimagistri_") summoned at the visitations very regularly, and there seem to have been a considerable number of them in the towns, though not in the country parishes, where the curates doubtless officiated as instructors of the youth according to the bishop's monitions.[154] everywhere in the proceedings of the ecclesiastical courts schoolmasters are "detected" to the judges from time to time for having no licence to teach.[155] as for the pulpit, that great instrument of political guidance at a period when politics consisted chiefly of religious contentions,[156] it is well known that elizabeth and her advisors grasped at once its paramount importance, and that she had been on the throne but little over a month when she issued her proclamation inhibiting all preaching and teaching for the time being. this command was followed by her injunctions of the next year, forbidding any to preach unless licenced by herself, her two archbishops, the diocesan, or her visitors.[157] as is well known also, no command was more universally enforced. it is constantly mentioned in the metropolitan or diocesan injunctions or articles of the period,[158] and the proceedings before the ordinaries bear witness to its enforcement.[159] parish opinion was further sought to be moulded by the reading in church of various tracts, homilies, monitions, forms of special prayers, etc., etc., which the wardens were ordered to procure from time to time, and which are very often met with in their accounts. these official mediums of information or edification conveyed to the good people of the parishes some knowledge of the events and politics of the realm and of the world beyond it. thus they heard of the overthrow of the rebels in the north of england (1569), the ravages of the great earthquake of 1579; the progress of the plague; or, again, of the struggle of the french protestants led by henry of navarre, the defeat of the turks at lepanto, and so forth.[160] as food for the more advanced minds of the congregations, ordinaries saw to it that volumes dealing with the interpretation of the scriptures, the polity of church and state, and the defence of that polity were provided for every parish church. such works were erasmus' paraphrases, bullinger's decades, bishop jewel's works, and other writings of an apologetic nature. to a certain extent news was also spread, and grievances were aired, in unofficial broadsides or ballads. these treated of such subjects as the untimely end of traitors great or small; the adventures of her majesty's soldiers and sailors; the rapacity of landlords and the evils of the enclosure movement.[161] but these publications and all other printed matter were subject to the strict censorship of church and state. extremely few presses were permitted in england, and these few under the jealous supervision of the high ecclesiastical authorities, as is evidenced by the numerous orders or decrees issued by them to the master and wardens of the london stationers company, which, with a very few special patentees, enjoyed the monopoly of printing.[162] having now reviewed the chief administrative functions of the spiritual courts and their mode of exercise, the question presents itself, what were the means at the disposal of the ordinaries for enforcing their decrees? the principal one of these has already been mentioned incidentally, viz., excommunication. excommunication was the most usual, as it was by far the most effective, weapon for compelling obedience to the mandate of the judge in any matter whatever. indeed without this instrument of coercion the ecclesiastical judges would have been impotent. excommunication was of two kinds, the lesser and the greater. the former was in constant use (to employ the words of a contemporary document) "for manifest and wilful contumacy or disobedience in not appearing when ... summoned for a cause ecclesiastical, or when any sentence or decree of the bishop or his officer, being deliberately made, was wilfully disobeyed...."[163] even under the lesser excommunication a man could not attend service, and he was deprived of the use of the sacraments.[164] if an excommunicate sought to enter church with the congregation, either he had to be forcibly expelled or the service could not proceed.[165] if he continued in his contempt of court he made himself liable to the greater excommunication,[166] and then he was virtually an outcast from the society of his fellow parishioners.[167] that excommunication was feared by the great majority of parish folk there is no reason to doubt. certainly the greater excommunication might seriously injure a man in his business as well as his social interests, not to mention the trouble and expense of getting an absolution.[168] that excommunication reduced most offenders to order the church court proceedings demonstrate. if, however, a man were obdurate and hardened he was turned over to the queen's high commissioners, and these, while making the fullest use of ecclesiastical procedure and the oath _ex officio_,[169] also freely employed the penalties of the temporal courts, viz., fines and imprisonments. as no ecclesiastical offence was too small for the commissioners to deal with, and as their jurisdiction was not limited (like that of the ordinaries) to a district or a diocese, courts of high commission may be called universal ordinaries.[170] finally, if a person stood excommunicate over forty days, an ecclesiastical judge, on application to the diocesan, might procure against him out of chancery the writ _de excommunicato capiendo_. this writ was probably not very often resorted to in practice, partly because of the great expense involved, and partly perhaps, too, because of the slack execution of the writ by certain undersheriffs or bailiffs, encouraged as they were by the rather hostile attitude sometimes assumed against the courts christian by the queen's temporal judges.[171] the writ was, however, certainly no dead letter, and served also _in terrorem_ to reduce stubborn offenders.[172] indeed archbishop bancroft in 1605 called it "the chiefest temporal strength of ecclesiastical jurisdiction."[173] in view of the fact that "standing excommunicate" was in itself a presentable offence before the ordinary, and an offence often presented,[174] and in view of the further fact that the excommunicate might, according to a contemporary who writes with authority, "be punished for absence from diuine praier, neither shall his excommunication excuse him, for it is in his owne default,"[175] it is queried whether such an involuntary absentee from church did not make himself just as liable to presentment at quarter sessions for recusancy[176] as any voluntary recusant. perhaps it is for this reason that grand juries are sometimes complained of for discriminating among the names sent in to them on the bishops' certificates for indictment at quarter sessions, and for certifying some and throwing out others "at their pleasure."[177] but be this as it may--and it is conjecture unsupported by positive proof--enough has been said, it is hoped, to show that ordinaries were quite capable of making their decrees obeyed, and that excommunication (contrary to the commonly received opinion) was a most effective means of coercion. many, indeed, were its uses. it might (or its equivalent interdiction or suspension[178]), as has been seen,[179] be used to compel a parish officer to perform the duties of his office. it might also be employed, when persuasion failed, to induce a parishioner to accept office when chosen by his fellows.[180] but, it would seem, one single definition would comprise all cases: excommunication was employed against all those who disobeyed some order of the spiritual judge, express or implied--it was a summary process for contempt of court, in fact, and was daily used as such. to recapitulate: a very large part of the parishioner's life and activity fell under the surveillance and regulation of the ecclesiastical courts. they compelled him to attend on specified days his parish church, and no other; to be married there; to have his children baptized and his wife churched there; to receive a certain number of times communion there; to contribute to the maintenance of church and churchyard, as well as to the finding of the requisites for service or the church ornaments or utensils. in his parish church he and his children were catechized and instructed, and, if the latter were taught in a neighboring school-house, it was under the strict supervision of the ordinary and by his or the bishop's licence and allowance. so true was this that the schoolmaster was, like the parson, a church officer. for the parishioner his church was the place of business where all local affairs, civil or ecclesiastical, were transacted, as well as the centre of social life in the village. here the mandates of the authorities in church and state were read to him; here he was admonished of his duty to contribute to, or to perform, the burdens of parish administration and warned of the penalties for neglect; here he met with his fellows to settle parish affairs and audit parish accounts, or to choose parish officers under the auspices of the ordinary, being himself compelled, if necessary, by that official to serve when his own turn for office came round. as churchwarden it was his duty to collect the rents from parish lands and tenements, and to see that parish offerings were gathered and the parish rates assessed and paid, or recovered by means of the ecclesiastical courts. if the church was ruinous; if bread and wine were lacking for the communion; if any of the books, furniture, utensils or ornaments enjoined by the diocesan's articles or by the canons were missing; if the curate did not follow the rubric, or retained "superstitious" rites; if the yearly perambulation was omitted; if faults of the minister or of the parishioners were not presented: he and his fellow-warden were held responsible by the official. the machinery which the canon and the civil law placed at the disposal of the ordinary for his judicial administration of the parish was extraordinarily flexible. courts christian were unencumbered by the formalities of the common law or by the coã¶peration of juries. they could proceed _ex officio, i.e_., without formal presentment and upon hearsay only, and they were armed with the formidable power of administering the oath _ex officio_ by which a parishioner was forced to disclose all he knew against himself. they could in all cases command the _doing_, as well as the _giving_[181] of a thing--powers far more extensive than those possessed by any court of equity of today. lastly, it was their custom to require that a return be made in court, or in other words, a certification, that their commands had been duly performed--thus stamping them as true administrative bodies. it was inevitable from the nature of their jurisdiction and procedure that abuses should be committed both by ecclesiastical judges and by their officers, such as registrars, proctors and apparitors. these judges wielded an admirable instrument of administration and discipline, one that could be bent to meet any emergency, but this efficiency had been attained at the sacrifice of some indispensable safeguards for the carrying out of impartial justice. first, no parishioner's acts, whether done in an official or a private capacity, were ever quite safe from misrepresentation, or downright falsification by his enemies, for secret denunciation to wardens or sidemen (or to the ordinary himself) by any one[182] might start a proceeding against the person denounced and force him upon oath to disclose the most private, the most confidential, matters. again, proctors, apparitors, registrars, and other scribes whose fees depended on citations and the drawing up of court proceedings, documents, or certificates, had every interest in haling persons before the official, because court fees had to be paid whether a man were found innocent or guilty.[183] hence the system tended to create spies, of whom the chief were the apparitors, or summoners, and their underlings. there is a very interesting contemporary ballad entitled _"a new ballad of the parrator and the divell_," attributed by its modern editor to not later than 1616, which throws much light on the proceedings of certain unscrupulous apparitors, and reflects also the strong dislike entertained for the whole tribe of apparitors by people of the time.[184] the devil going a hunting one sunday and beating the bushes, up starts a proud apparitor. during several stanzas the apparitor narrates to the devil, as one consummately wicked man to another, all the tricks of his trade to drum up cases for himself and his court. he spies on lovers as they pass unsuspecting; he haunts the ale-houses and overhears men's tales over their cups; if business be dull he even devises scandal among neighbors, and sets them at enmity. thus he concocts his accusations of immorality, or drunkenness, or profanity, or uncharity towards neighbors, and writes them busily down in his _quorum nomina_, or formulas of citations to appear before the official's court. "my _corum nomine_ beares such swaye," he boasts, "they'le sell their clothes my fees to pay." but, remarks the devil after listening to all this, surely the innocent pay no court fees, "but answere and discharged bee." "my _corum nomine_ sayth not so," rejoins the apparitor, "for all pay fees before they goe.--the lawier's fees must needs be payd,--and every clarke in his degree--or els the lawe cannot be stayd--but excommunicate must they bee." the devil, amazed and disgusted at laws which "excell the paines of hell," turns to go, whereupon the apparitor seeks to arrest and fine him for traveling on the sabbath. exclaiming "thou art no constable!" the devil pounces upon the unworthy officer and carries him off to hell.[185] thirdly, even when at their best and conducted by upright judges and officers, the modes of proof in force in the courts christian were sometimes utterly inadequate as means for getting at the truth. the inquest, or trial by jury, had never been introduced into these courts, where the archaic system of compurgation[186] still lingered. if a man for want of friends, or for want of good reputation, were unable to procure compurgators to attend him at visitations or courts, held sometimes twenty miles and more away,[187] he might be condemned as guilty of specific acts which he had never committed.[188] he might even fail in his proof because he was poor. when the judge arraigned lewis billings of barking, essex archdeaconry, for "that he hath failed in his purgacion," billings pleaded "that he is a very poore man and not able to procure his neighbours to come to the cort, and beare their charges."[189] but, as is well known, contemporaries attacked not only the inferior officers, but the judges themselves. complaints of great abuses were loud and long,[190] and when the ecclesiastical courts were abolished by the long parliament in 1641,[191] the satirical literature of the day celebrated their downfall with a verve, a gusto, and an exultation amazing to one not familiar with the procedure of these courts.[192] as was mentioned at the beginning of this chapter, the secular judges were given statutory authority to take cognizance of breaches of the order prescribed by the book of common prayer, of the offence of not attending church, and other delinquencies against the legal settlement of religion. hence in these matters they exercised what might be called a sort of ecclesiastical jurisdiction in aid of the ordinary and concurrently with him, though their mode of procedure, of course, was that of the common law, possessing nothing in common with the practice adopted in courts christian. men who were "hinderers" and "contemners" of religion; who refrained from going to church without lawful cause; who had mass-books or super-altars[193] in their possession;[194] who spoke in contempt of the book of common prayer and its rites;[195] who caused their children to be baptized with forms other than those prescribed;[196] ministers who omitted the cross in baptism;[197] who left off the surplice;[198] who refused to church women;[199] who called purification "a jewish ceremony," or who in their sermons preached seditious doctrine[200]--all these and other like offenders were indicted at quarter sessions or at the assizes. chapter ii. parish finance. speaking generally of the average parish, elizabethan churchwardens accounts and vestry minutes show that for the purposes of raising money amongst themselves to meet every-day parish expenditures,[201] the parishioners of the period did not commonly resort to rates, if by "rate" be understood a general assessment of all lands or all goods alike at a fixed percentage of their revenue or value above a minimum exempted. it must not be supposed, however, that in the case of offerings or gatherings, or of levies to raise a certain sum where each man assessed himself, it was entirely optional for each to give or to refuse. what a man customarily gave, or what he had promised to give, or, again, what the parish thought he ought to give, that the ordinary might compel him to give.[202] from an offering or a voluntary assessment to a rate is often but a short step, and the two former shade off into the latter almost imperceptibly. the justices of the peace and the ecclesiastical authorities usually cast lump sums upon the parishes, leaving ways and means to the parishioners themselves. but it was, of course, optional with the justices to rate each individual separately when it seemed good to them, and for this they had the queen's subsidy books to guide them. here, however, we are chiefly concerned with the raising of money amongst the parishioners themselves. how manifold, how ingenious were the parochial devices for creating resources, it is the purpose of this chapter to set forth. but before proceeding to the parish expedients, properly so called, for raising money, it will be well to say something of parish endowments, whether in lands, houses or funds. according as the revenue from these was available for general, or at least for various purposes, or, on the other hand, was impressed with a trust for some specific object, these endowments may be divided into general and special. parishes well endowed might be able to dispense with some of the devices for money-getting which we shall have occasion to enumerate, but then, after all, endowments might come and they might go;[203] moreover, the financial policy of any one parish would, of course, differ according to the disposition or the ability of those who shaped it. of loddon, norfolk, we are told that "no complaint appears about church rates, for there were none, as the revenue of the town farm ... rendered a tax of that description unnecessary."[204] of st. petrock's, exeter, we are informed that "the parish became so well endowed by donations of land and houses as to enable the wardens to dispense almost entirely with the quarterly collections entered in the earlier accounts."[205] the editor of the thatcham, berks, accounts, writes: "in the early years of these churchwardens accounts the available funds were derived chiefly from the two oldest charities, one called 'lowndye's almshouses,' the first account of which is for the year ... 1561 ... to 1562; the other known as 'the church estate,' the first account of which begins in 1566."[206] summoned by the bodmin, cornwall, justices in january, 159-4/5, to make a report as to the parish stock, the representatives of stratton certify at sessions that their stock "am[oun]ts to the now some of sixteene poundes, some yeares it is more & some yeares lesse...." and, they continue, "the vsinge of our sayde stocke is by the two wardens & the rest of the eight men w[hi]ch for the same stande sworne, and it is bestowed aboute her ma[jes]ties service, for buyenge of armor, settinge forth of souldiers w[i]th powder & shott.... and likewise for the relievinge & mainetayning of the poore...." they thereupon give the names of the impotent and decrepit persons and orphan children "wholly relieved" by the parish, ten in number, and add that there are upwards of a hundred poor "w[h]ich are not able to liue of themselues, but haue reliefe dayly one thinge or another of the seide p[ar]ish."[207] the little parish of st. michael's in bedwardine, worcestershire,[208] possessed lands and tenements in various parishes, and in 1599 invested â£10 in buying two more tenements in worcester city.[209] its wardens accounts, we are told by their editor, disclose that there was never any lack of money for parish purposes "in spite of a rather lavish expenditure at times in the luxury of law[suits]."[210] lapworth, warwickshire, had many acres of parish land.[211] the churchwardens of st. john's, glastonbury, somerset, return in their accounts the rent of the parish lands in 1588 at â£9 13s. 10d.,[212] and, as these accounts show, they occasionally received important sums for fines on changes of tenants. the various properties managed by the wardens of st. michael's, bath, numbered thirty-seven in 1527, yielding a revenue of â£11 8s.;[213] and even in 1572 the rent amounted to â£11 8s.[214] indeed, though parish lands and houses were generally vested as to title in trustees (often a numerous and cumbersome body),[215] the churchwardens themselves and sometimes other accountants,[216] who like the wardens were appointed from year to year, usually exercised the actual management. the feoffees existed chiefly for the purpose of making it difficult to alienate the parish properties, "and the larger the trust body the more difficult such alienation was supposed to be."[217] contenting ourselves with the above examples, which could easily be multiplied, we pass on under this same head of general endowments to an interesting form of personal property, viz., cattle, for not only did the wardens derive receipts from parish holdings of real estate, but also from _endowments of cows or sheep_. the pittington, durham, twelve men, a sort of parish executive and administrative body, enact in 1584 "that everie iiij pounde rent[218] within this parrishe, as well of hamlets as townshippes, shall gras[219] winter and somer one shepe for the behoufe of this church;"[220] and we are told that these "church shepe," as they were called, were here one of the chief means of raising funds for parochial purposes.[221] it was the custom of pious donors, especially among the lowly, to leave one or more sheep or cows to their parish. in the year 1559 twelve sheep were thus given or bequeathed to wootton church, hants, by ten donors.[222] these sheep, as well as the parish cows, were often hired out to parishioners, who gave security for their return. sometimes they were given to poor men at a reduced rent, and thus they served to support the poor.[223] that the keeping of cattle was a well-recognized source of parish income is seen by the queen's injunctions of 1559 in which she alludes to "the profit of cattle" among other sources of parish revenue to be devoted to the poor, "and if they be provided for, then to the reparation of highways next adjoining," or to the repair of the church.[224] leaving the topic of general endowments to take up those sources of revenue destined to defray particular forms of expenditure, we find that _permanent parish endowments_ in lands, goods or money devoted to the defraying of _specific parish administrative burdens_ or _utilities_ were very numerous in the local documents of the 16th century. sometimes a land or fund was set apart by the donor, or by the parish itself, for the support of a parish servant or officer;[225] sometimes its revenue maintained this or that cripple or blind man,[226] or a number of them; sometimes it was used for feeding the poor,[227] or for buying wearing apparel for them;[228] for setting them at work in houses of correction,[229] or for parish education.[230] in particular, lands or funds were frequently set apart as special and permanent endowments for the repair of bridges.[231] in fact, the proceeds of parish lands or other endowments might be appropriated to alleviate any tax burden whatsoever. in 1549 it was stated by the wardens of north elmham, norfolk, that the net proceeds of the five and thirty or forty acres which they rented out were devoted exclusively towards the paying of the fifteenths due from time to time to the king and his successors.[232] to illustrate the variety of purposes for which parish trusts were created, i cannot do better than quote part of the preamble of the 43 eliz. c. 4, known as the statute of charitable uses: "whereas landes, tenements, rentes ... money and stockes of money," it is there rehearsed, "have bene heretofore given, limitted ... and assigned ... some for releife of aged, impotent and poore people, some for maintenaunce of sicke and maymed souldiers and marriners, schooles of learninge ... some for repaire of bridges, fortes, havens, causwaies, churches, sea-bankes and highewaies, some for educac[i]on and p[re]fermente of orphans, some for or towardes reliefe, stocke or maintenaunce for howses of correcc[i]on, some for mariages of poore maides, some for supportac[i]on, ayde and helpe of younge tradesmen, handiecraftesmen and p[er]sons decayed, and others ... for aide or ease of any poore inhabitants conc[er]ninge paymente of fifteenes, settinge out of souldiers and other taxes [etc.]...."[233] as for money and goods left by testators or given _inter vivos_ for _temporary expenses_ or _special occasions_ (as opposed to the creation of permanent trusts and endowments), we find a constant stream of such benefactions throughout the elizabethan period. by the queen's injunctions of 1559 parsons are diligently to exhort their parishioners, "and especially when men make their testaments," to give to the poor-box, the surplus of which, after provision for the needy, might be devoted to church and highway repair.[234] bequests made to the highways or bridges were considered as donated _in pios usus_. "i thinke," wrote a prebendary of durham cathedral in 1599, "it also a deade of charitie and a comendable worke before god to repaire the high-wayes, that the people may travaille saifely without daunger. i therefore will to the mending of the highwayes [etc.]...."[235] noblemen and wealthy men were expected to help maintain the local poor in particular. elizabethan ballads celebrate the liberality to the destitute of an earl of huntingdon,[236] of an earl of southampton,[237] or of an earl of bedford.[238] at the funeral of george, earl of shrewsbury, in 1591, eight thousand got the dole served to them, and it was thought that at least twice that number were in waiting, but could not approach because of the tumult.[239] the churchwardens and overseers of the poor accounts, especially in london and the larger cities, abound with receipt items of gifts from great personages or wealthy merchants.[240] owing to the difficulty of investing money because present-day intermediaries were absent between capital seeking employment and would-be borrowers; and because the medieval stigma attaching to money loaned at interest had by no means wholly disappeared,[241] there grew up in elizabethan parishes a system of laying out money, raised by the parish or donated by benefactors, in various trades, such as wool-spinning, linen-weaving, the buying of wood or coal to sell again at a profit,[242] etc. sometimes well-to-do parishioners with good credit would themselves borrow parish money, returning ten per cent. for its use.[243] usually, however, parish money was loaned gratis, the parish taking sureties for its repayment and sometimes articles of value, being, apparently, not always above doing a little pawnbroking business.[244] on the other hand, when the parish itself had occasion to borrow money it would occasionally give its own valuables as security. thus the mere, wiltshire, wardens record in 1556 that they have redeemed on the repayment of 40s. to one cowherd, "borowed of hym to thuse of the churche," "certeyn sylver spones of the churche stocke."[245] finally, parishes would now and then make some cautious speculation in real estate, such as the buying of a local market or fair with a view to profit.[246] leaving the subject of endowments we shall now take up in order the measures which may be called _parish expedients for raising money_. of all means ever devised for obtaining large sums of money for parish uses, the most popular, as certainly the most efficacious, was the _church-ale_. widespread during the first years of elizabeth's reign, church-ales, for reasons hereafter to be mentioned, ceased to be held in many parishes towards the end of the reign. they constitute, nevertheless, at all times during the 16th century an important chapter in the history of parochial finance. in some wardens' accounts the proceeds of these ales form a yearly recurring and an ordinary receipt item; in others ales were resorted to when some unusually large sum had to be raised, or some heavy expense was to be met, such as the rebuilding of the church tower, the recasting of the bells, the raising of a stock to set the poor to work, or the buying of a silver communion cup.[247] frequently, also, funds were raised by means of ales called clerk-ales, sexton-ales, etc., to pay the wages of clerks, sextons and other servants of the parish. "for in poore countrey parishes," writes an early 17th century bishop, "where the wages of the clerke is very small, the people ... were wont to send him in provision, and then feast with him, and give him more liberality then their quarterly payments [or offerings] would amount unto in many years." indeed, he continues, since these ales have been abolished "some ministers have complained unto me, that they are afrayd they shall have no parish clerks for want of maintenance for them."[248] church-ales were usually held at or near whitsuntide, hence they were also called whitsun-ales or may-ales in the accounts. if the occasion were an extraordinary one, and it was sought to realize a large sum, notices were sent to the surrounding parishes, say to ten, fifteen, or more, to be read aloud from the pulpits of their respective churches after service, which notices contained invitations to any and all to come and spend their money in feasting and drinking for the benefit of the parish giving the ale. as the day approached for the opening of the ale, which, if it were a great one, would be kept for four or five days or more, all was bustle in the parish to prepare for a feasting which often assumed truly gargantuan proportions. cuckoo kings and princes were chosen, or lords and ladies of the games; ale-drawers were appointed. for the brewing of the ale the wardens bought many quarters of malt out of the church stock, but much, too, was donated by the parishioners for the occasion. breasts of veal, quarters of fat lambs, fowls, eggs, butter, cheese, as well as fruit and spices, were also purchased. minstrels, drum players and morris-dancers were engaged or volunteered their services. in the church-house, or church tavern, a general-utility building found in many parishes, the great brewing crocks were furbished, and the roasting spits cleaned. church trenchers and platters, pewter or earthen cups and mugs were brought out for use; but it was the exception that a parish owned a stock of these sufficient for a great ale. many vessels were borrowed or hired from the neighbors or from the wardens of near-by parishes, for, as will presently be seen, provident churchwardens derived some income from the hiring of the parish pewter as well as money from the loan of parish costumes and stage properties. when the opening day arrived people streamed in from far and wide. if any important personage or delegation from another village were expected, the parish went forth in a body with bag-pipes to greet them, and (with permission from the ecclesiastical authorities) the church bells were merrily rung out. at the long tables, when the ale was set abroach, "well is he," writes a contemporary, "that can get the soonest to it, and spend the most at it, for he that sitteth the closest to it, and spendes the most at it, hee is counted the godliest man of all the rest ... because it is spent uppon his church forsooth."[249] the receipts from these ales were sometimes very large. so important were they at chagford, devon, that the churchwardens were sometimes called alewardens.[250] at mere, wilts, out of a total wardens' receipts of â£21 5s. 7-1/2d. for the two years 1559-61, the two church-ales netted â£17 3s. 1-1/2d.,[251] thus leaving only â£5 2s. 6d. as receipts from other sources for these two years. at a later period, on the other hand, this relation of receipts was entirely reversed. for instance, in 1582-3 the wardens secured only â£4 10s. 4d. from their ale, while proceeds from other sources amounted to â£17 9s. 7d.[252] in the thirty-one years from 1556-7 to 1587-8 in this parish the recorded wardens' expenditures had more than doubled. in the first-named year they had been but â£8 i2s. 5d.;[253] in the latter year they had swelled to â£18 14s 3-1/2d.[254] this characteristic is true of all elizabethan church budgets, and the writer has seen a number of them.[255] the wootton churchwardens enter under the year 1600 the following: "rec. by our kingale, all things discharged, xij li. xiiij[s]. jd. ob.," an important sum for the day.[256] besides the churchwardens other wardens or gilds sometimes busied themselves with the selling of ale for the benefit of the church. one of these gilds at south tawton, devon, records in its accounts for 1564: "we made of our alle and gathering xl l. viijs. viijd."[257] so important a source of parish income had to be carefully looked after. a church-ale with its attendant festivities for drawing visitors was an important business matter. accordingly we find the parishioners of st. john's, glastonbury, making an order in 1589 "that the churchwardens shall yearly keape ale to the comodeti of the parishe upon payne of xxs. a yere."[258] in ashburton, devon, in 1567 christopher wydecomb had to pay 20s. to the wardens "because he refused the office of the drawer of the church ale."[259] at wing, bucks, those refusing "to be lorde at whitsuntyde for the behofe of the church" were fined 35. 4d. apiece.[260] in some places these masters of the revels were called cuckoo kings, and the office seems to have gone in rotation like other parish offices.[261] when invitations had been sent out to surrounding parishes, interparochial courtesy seems to have required the attendance either of the churchwardens or of some other more or less official representatives of the neighboring communities. these representatives carried with them some small contribution made at the expense of their respective parishes ('ale-scot').[262] because of the alleged drunkenness and disorderly conduct attendant upon some of these ales, the justices of assize and the justices of the peace attempted in some shires to put them down on various occasions.[263] more effective, perhaps, in doing away with them was the gradual growth of puritanism. in conclusion it should be remarked that church-ales seem to have obtained only in central and southern england. the huge and thinly populated parishes of the north did not favor the development of an institution so essentially social in its character. _church plays, games_ and _dances_ were allied in a measure with church-ales, partly because they were sometimes held concurrently with them, partly because they served as a substitute for the ales when these fell into disrepute. miracle plays and other pageants were given by certain parishes from time to time, too frequently in the churches themselves, in which case the wrath of the ordinary was called down upon the parish if he heard of them.[264] some parishes kept various costumes and stage properties, which were hired out to other parishes when not in use.[265] may games, robin hood plays or bowers, hocktide sports and forfeits, morris-dances and children's dances were all turned to the profit of the church, collections being taken up at them.[266] morris coats, caps, bells and feathers were frequently loaned out for a consideration by wardens to other parishes.[267] _church-house_. here were the brewing kettles and the spits, and here was stored church grain or malt for beer making.[268] here, too, presumably, the pewter ale pots, trenchers, spoons, etc., which figure in the accounts, were kept. these were hired out to other parishes for their ales.[269] while ale was brewed and drunk in the church-house for the benefit of the parish, and that apparently on other occasions than church-ales, it does not seem probable that the place was often allowed to degenerate into a common ale-house, even though in some parishes it may have borne the name of "church tavern."[270] when not required for parish purposes the church-house was rented out, and rooms in an upper story were used for lodging.[271] as church-ales fell into disfavor _offerings_ or _gatherings_ in church or at the church door became more frequent[272] and more systematized. as time went on these collections were regularly taken up in many parishes every quarter, usually at easter, midsummer, michaelmas and christmas.[273] hence the name quarterage.[274] when the proceeds went to general church furnishing and repairing, the gatherings wrere sometimes called in the accounts "church works."[275] as the sum given by each was often noted down in "quarter books" or "easter books,"[276] and was, on denial, occasionally sued for before the official (together with dues for other purposes--clerk's wages, pew rents, etc., presently to be noticed), an "offering" might become virtually an assessment or rate.[277] we come now to _communion dues_, or _collections_ taken up at the time of communion. "_paschall money_" is defined in a vestry order of stepney parish, london, in 1581 as a duty of 1d. paid by each communicant at easter "toward the charge of breade and wine over and besides theyre offering mony due unto the vicar." these paschal dues, the order further informs us, had long been farmed by the vicar for 40s. yearly. but now the yield of a penny from each communicant was "thought a thing so profitable and beneficiall," that only as a special mark of favor was the vicar to continue to farm it, but at â£4 thenceforth instead of at 40s.[278] "_easter money_," an expression found not infrequently in the accounts, may have referred to the same payment, or it may have designated the offering which generally followed the celebration of communion,[279] taken up, doubtless, from all those present, whether communicating or not, the proceeds of which might go to the minister or to the parish according to agreement or custom. though the second edwardine prayer book (1552) provided that the elements were to be found by the curate and the wardens at the expense of the parish, which was then to be discharged of fees, or levies on each household, nevertheless, we meet with _communion fees_ or with house-to-house levies to defray the cost of bread and wine in many parishes during elizabeth's reign.[280] in order to ensure payment of the communion fee, tokens (or as we would say today, tickets) were provided in some parishes which were first to be handed in before the ministrant admitted the applicant to reception.[281] in a number of parishes a fine wine such as muscatel or malmsey was provided for the better sort, or the masters and mistresses, while the servants, or poorer folk, were served with claret.[282] indeed where all were compelled to communicate thrice yearly the cost of wine was a very serious item. _collections for the holy loaf_, that is, blessed but not consecrated bread, which went to defray the costs of administering the eucharist, occur in some of the earlier elizabethan accounts.[283] surplus communion fee money, or communion offerings were devoted to the care of the poor and other expenses.[284] the heading _clerk's wages_, which is so often met with in the wardens' receipt items, frequently serves (as do several other special headings) as a mere peg on which to hang a collection for various or even for general parish expenses.[285] _pews_ and _seats in church_ were often made a source of revenue. thus at st. mary's, reading, it was agreed in 1581 by the chief men of the parish, in order to augment the parish stock and to maintain the church, because "the rentes ar very smale," that those sitting in front seats in the church should pay 8d., those behind them 6d., the third row 4d., and so on.[286] at st. dunstan's, stepney parish, london, a book was made by the wardens "whearein was expressed the pewes in the whole church," distinguished by numbers. "also there was noted against everie pewe the price that was thought reasonable it shoulde yeeld by the yeare.... the w[hi]ch rates by this vestrie is allowed and confirmed to be imploied to the use of the parish church." when a few months later it was determined to build a gallery because the congregation needed more seats, it was also settled that the cost should be met by a year's pew rent in one payment down, over and besides the usual quarterly payments for seats.[287] sometimes the seats were sold outright and for life only.[288] _mortuary fees_ were a source of revenue in almost all parishes, and sometimes an important one.[289] consequently tariffs of fees were drawn up in various places. so much is charged for interment within, so much for burial without the church; so much for a knell according to duration and according to size of the bell; so much for the herse--a sort of catafalque--so much for the pall, the fee varying from that charged for "the best" to that charged for "the worst cloth"; so much if the body is coffined or uncoffined, most of the dead being buried in winding sheets only, though the parish provided a coffin for the body to lie in during service in church and for removal to the graveside.[290] so, too, one fee was charged for interring a " great corse," another for a "chrisom child."[291] all, in fact, is tabulated with minute precision, the minister getting certain fees for himself alone, and sharing others with the parish; and so of the clerk and of the sexton, if any. among other reasons alleged by the vestry of stepney parish for dismissing their sexton in 1601 was because he made "composic[i]on with diu[er]s & sundry p[ar]ishoners for the duties of the church to the hinderannce & great damage of the bennefitt of the church & p[ar]ishoners."[292] _fees_ for _weddings, christenings_ and _churchings_, and for the ringing of the bells (at marriages), together with the _offerings_ taken up on these occasions, might form a source of revenue to the parish, either going directly into the parish coffers, or being paid in whole or in part to minister, clerk or sexton, who, after all, had to be supported by the parish (or otherwise), being essential officers or servants.[293] the parish poor and the parish church derived an uncertain, but by no means negligible, income from the product of _fines for various delinquencies_. in the previous chapter fines for non-attendance at church have been alluded to.[294] a contemporary, writing in 1597, refers to these as an important fund for the support of the poor if duly levied. he writes: "whereunto [he is speaking of various means to alleviate poverty] if we adde the forfaiture of 12 pence for euerie householders absence from church (man and woman) forenoone and after, sunday and holiday (according to the statute without sufficient cause alledged) to be duely collected by churchwardens and other appointed to that end, with the like regard for wednesday suppers: there would be sufficient releefe for the poore in all places ...."[295] ecclesiastical courts sometimes condemned offenders to pay a fine for the use of the poor.[296] sometimes they commuted a penance for money to go to church-repair or to the parish poor.[297] the churchwardens or overseers of the poor accounts also mention fines received for profanation of the sabbath and for offences during service time.[298] the star chamber often condemned offenders, especially enclosers of cottage land and engrossers of corn, to fines for the benefit of the poor.[299] finally, most parishes derived some income from fining men various sums for refusing parish offices; for neglect of duty when in office; and for not attending duly called vestry meetings. sometimes a parishioner would pay down a large lump sum for exemption forever from all offices served by the parishioners.[300] yet another irregular but appreciable means of revenue might be classed under the heading of _miscellaneous receipts_. as the parishioners were always eager to turn an honest penny for their own benefit, no possible source of receipts was neglected. if, for instance, any part of the church or the church premises might, temporarily or permanently, be rented out without drawing upon the community the censure of the ordinary, the parishioners were happy to do so. owners of structures of any kind encroaching upon the churchyard, or other church land, were promptly made to pay for the privilege.[301] occasionally parishes derived more or less large sums from the sale of parish valuables. the sale of costly vestments, embroideries, hangings, images, chalices, pyxes and other church furnishings and ornaments condemned as superstitious by the anglican church, brought some income to the wardens of most parishes during the first years of elizabeth. examples will be found in all the accounts. now and then, too, a parish would make a large sum from the sale of the wood or other products of parish lands.[302] a fairly common item in city parishes especially were fees paid for licences to eat flesh during lent and on other legal fast days.[303] when an elizabethan parish undertook some work on a great scale, such as the rebuilding of its church, or of the church steeple; or, again, when it had suffered great losses by fire or flood, it solicited through _begging proctors_ the _contributions of outsiders_, sometimes from all parts of england.[304] to terminate our enumeration of means of raising money, or of contributions of all sorts on which the wardens could count (as apart from rates, properly so-called), we might mention _fixed contributions_, of money or of labor, issuing out of certain tenements; and _annual payments to mother churches_. certain lands or houses, generally abutting on the church grounds, had fixed upon them the obligation to repair a certain portion of the churchyard enclosure, tenement x, so many feet of fence, tenement y, such a portion of brick or stone wall, and so forth.[305] sometimes also certain houses or lands are spoken of as yielding so much a year for the repair of the church and the support of the poor.[306] incidentally we might mention--though hardly connected with parish finance--certain payments for church repair, etc., claimed of old by some cathedral churches from the parishes of the diocese. originally a tax varying from a farthing to a penny for each household (hence the names "smoke farthings," "hearth penny," "smoke silver"), the payments were commuted for a small lump sum exacted yearly. thus we find in the elizabethan accounts mention of "st. swithin farthings;"[307] of "ely farthings;"[308] of "lincoln farthings,"[309] etc., according to the _name_ of the cathedral to which they were paid; or, again, of "whitsun farthings;" of "pentecost farthings," etc., according to the _time_ of the year at which the payments were made.[310] these payments must not be confused with "peter's pence," which had before the reformation been paid by english parishes to rome.[311] lastly the mother parish church, in large parishes requiring chapels of ease, would exact (when it could) contributions from those congregations who frequented for ordinary divine worship these chapels of ease within the parish. and these exactions would be made irrespective of the fact that these congregations were bound to repair their own chapels and possessed their own churchwardens.[312] when the means or expedients we have hitherto set forth were found insufficient, or impracticable, or too tardy for an emergency, the parish was compelled to resort to _rates_ or _assessments_. assessments were levied in all sorts of ways and for all sorts of purposes. in an emergency, or if the sum to be raised was not large, a levy might be made by the principal men of the parish upon themselves only.[313] a "rate" might, however, be made to collect a very small sum, as well as a very large one.[314] all kinds of units or rules of assessment were resorted to from parish to parish, and (apparently) sometimes no fixed unit at all was taken, men's ability to pay being roughly gauged, or a man being permitted to rate himself,[315] or give his "benevolence." in the wardens' accounts are frequently seen long lists of names, each being taxed at a sum varying from 1/2d. to three or four shillings. such lists may represent an attempt to tax each man at 1/2d. or 1d. in the pound, or, likely as not, it may merely mean a crude sizing up of the ability of each to contribute. furthermore, a "rate" might consist in a fixed sum, the same for all, and levied by polls or by households,[316] say 1d. or 2d. each. or, again, it might be levied by pews at varying sums.[317] assessments to pay the parish clerk or sexton might sometimes be made in kind, and issue from households, from cottages, or from ploughlands: so much corn at easter, so much bread, so many eggs.[318] when it came to the more accurate basing of rates upon lands, or goods at a valuation, the inhabitants of the various communities observed no uniform ratio of taxation from parish to parish, nor even in the same parish, and disputes were always recurring.[319] it must be borne in mind that parish financiering was largely of the hand-to-mouth variety. indeed, it was difficult it should be otherwise, for the exigencies of the civil or the ecclesiastical authorities were constantly shifting, now a petty lump sum being required (and to be spent as soon as raised), now a great one to be disbursed in the same manner. in conclusion, a few observations on the parish as a financial unit in connection with county government may be made. there seems to have been no general treasury at the disposal of the hundred or of the county, but merely certain treasurers charged with the disbursement of this or that special collection for this or that special purpose. a collection is made by order of the justices, for instance, in certain hundreds, or throughout the shire, for the support of the prisoners in the county gaol, and a treasurer for the fund is appointed. or it may be that this treasurer is a more or less permanent official. and so with collections for hospitals, for houses of correction, for great bridges, etc. if the constables levied more than was sufficient for a parish, or if the contemplated disbursement turned out to be less than originally estimated, the surplus, if the justices had no immediate use for it, might be returned to that parish to go back into the pockets of the rate payers.[320] furthermore, it seems scarcely accurate in elizabethan times to speak of any _county rate_,[321] for there was no recognized basis of assessment common to all parishes, unless it were at any given time the then prevailing subsidy rate, and a rating according to the subsidy books by the justices would fail to reach many whom a parish rating might attain. as a matter of fact the justices, when they had a large sum to levy on the county at large, almost always apportioned it in lump sums among the hundreds, or among the parishes of their respective divisions, according to "the bygnes or smallnes of their parishes."[322] it comes, then, to all practical intents and purposes to this: that each parish is left to produce according to its own local methods, or rating, the wherewithal for carrying on county government. while in local government itself the parishioners have practically no voice, the large measure of freedom they enjoy for the devising of ways and means to meet the demands made upon them (though they have no option whatever in granting or withholding supplies) gives to the parish a vigorous entity and a certain autonomous life of its own, which otherwise it never could have possessed over against the all-regulating and inquisitorial tudor machinery of church and state. as the reign advanced the parish developed a selfish, jealous and exclusive gild life of its own, especially under the operation of the poor laws. non-parishioners, or "foreigners," were viewed with the strongest suspicion. generally they were discriminated against if they happened to have dealings with the parish. wedding or funeral fees were doubled in their cases.[323] if the parishioners could have had their will no alien poor could have gained a settlement amongst them--no, not even after twenty years' residence. in 1598 the west riding, yorkshire, justices were compelled to interfere in favor of divers poor persons in various parishes, where officers were seeking to expel them as vagrants born elsewhere, though they had been domiciled in their adopted communities for twenty years and upwards.[324] already that "organized hypocrisy," so characteristic of parish life in later reigns, shows itself in the many presentments of, and petitions against, persons supposedly immoral--especially single women. not zeal for morality prompts these indictments, but fear that the community may have to support illegitimate children.[325] quite typical of the times is the language held by the inhabitants of castle combe in appealing to the wiltshire justices against a townwoman in 1606. they are apprehensive, they say, lest "by this licentious life of hers not only god's wrath may be powered downe uppon us ... but also hir evill example may so greatly corrupt others than great and extraordinary charge ... may be imposed uppon us."[326] few laws on the statute book were so frequently enforced as the 31 eliz. c. 7, which required four acres to be laid to every cottage to be constructed, for there was a powerful local backing behind the law. when john fletcher, "a meere stranger lately come into this parish with his wife and children," took certain parcels of land in severn stoke in 1593, and was suspected of the intention to build a cottage without laying to it the requisite number of acres, the parishioners immediately complained to the worcester justices, for they wanted to provide against the contingent liability of having to support the inmates.[327] four acres was then the quantity considered necessary to maintain a man and his family. it was an indictable offence to sublet, for then there would be two families where only one was before. nor could lodgers be taken, for such increase of the inmates of the house would surcharge the land.[328] in short, that feeling of distrust and discrimination against the outside world, which, in the 18th century, led a lancashire vestry to dub all outsiders "foreigners,"[329] is already fully developed by the end of the 16th century. but we must also recognize that this feeling engendered in the parish itself solidarity of interests, close fellowship and local spirit. footnotes: [1] richard hooker, _ecclesiastical polity_, bk. viii, 448-9 (ed. 1666). [2] coke, 4 _inst_., 320 (ed. 1797). [3] see 14 eliz. c. 5, sec. 16, and 39 eliz. c. 3. [4] 37 hen. viii, c. 17, re-enacted i eliz. c. i. "the real effect of the statute was this--that lay lawyers were substituted for the clerical canonists of pre-reformation times." lewis t. dibden, _an historical inquiry into the status of the ecclesiastical courts_ (1882), 59. by canon cxxvii of the canons of 1604 in order to be a chancellor, a commissary, or an official in the courts christian, a man must be "_ad minimum magister artium, aut in jure bacalareus, ac in praxi et causis forensibus laudabiliter exercitatus_." e. cardwell, _synodalia_ (etc.), i, 236. cf. blomefield, _hist. of norfolk_, iii, 655-6 (parker's report, 1563. officials of the archdeacons not required to be in orders). e. cardwell, _documentary annals of the reformed church of england_, i, 426 (complaint in a document of circa 1584 [or later] that excommunication is executed by laymen. in the answer by the bishops it is stated [_ibid_., 428] _inter alia_, "that in later times, divines have wholly employed themselves to divinity and not to the proceedings and study of the law"). to the same effect, but for a later period, see white kennett, _parochial antiquities_ (oxon. ed. 1695), 642. [5] harrison, writing in 1577, says that archdeacons keep, beside two visitations or synods yearly, "their ordinarie courts which are holden within so manie or more of their several deaneries by themselues or their officials once in a moneth at the least." harrison, _description of england_, bk. ii, _new shakespeare soc_. for 1877 (ed. dr. furnivall), p. 17. between 27th nov., 1639, and 28th nov., 1640, there were thirty sittings in the court of the archdeacon of london. hale, _crim. prec_., introd. p. liii. any casual inspection of the visitation act-books reveals the fact that the judge sits either in court or in chambers between visitations, for offenders are constantly ordered to appear again in a few days or in a few weeks. compulsory presentments were, however, limited by law and custom to two courts a year. see canons 116 and 117 of the canons of 1604. also gibson, _codex_, ii, 1001. [6] see p. 18 and p. 20 _infra_. for the duty to read the injunctions or the articles based on them see p. 32 _infra_. [7] see 5 eliz. c. 3. _stats. of the realm_, iv, pt. i, 411. also visitation of warrington deanery in 1592 by the bishop of chester in _lancashire and cheshire historic soc. trans_., n. s., x (1895), 186 _et passim_. hereinafter cited as _warrington deanery visit_. cf. also grindal's injunc. for the province of york (1571), art. 17, _remains of grindal, parker soc_., 132 ff. [8] see visitations of the archdeacon of canterbury, _archaeologia cantiana_, xxvi (1904), 24 (1602). mr. arthur hussey has published copious extracts from the act-books of these visitations extending over a considerable period in vols. xxv-xxvii of the _arch. cant_. hereinafter cited as _canterbury visit_., xxv (etc.). for perambulations see p. 27 _infra_. [9] cordy jeaffreson, _middlesex county records_, i, 100-1 (indictment reciting that john johnson had had due notice in his parish church, yet had not sent his wain, etc., 1576). cf. provisions of the statutes 5 eliz. c. 13, and 18 eliz. c. 10, _stats. of realm_, iv, pt. i, 441-3, and 620-1 respectively. [10] brownlow v. lambert, c.b., 41 eliz., i _croke eliz. rep., leache's ed_. (1790), pt. ii, 716. [11] _canterbury visit_., xxvi, 23 (1599); _ibid_., 20 (1591). w.h. hale, _a series of precedents in criminal causes from the act books of the ecclesiastical courts of london_, 1475-1640 (pub. in 1847), 190 (schoolmaster of stock presented in court for defacing the church "in makinge a fire for his schollers," 1587). this work hereinafter cited as hale, _crim. prec_. [12] constables acc'ts of melton in _leicester architec. and archaeol. soc. trans_., iii (1874), 72-3. chelmsford churchwardens acc'ts in _essex archaeol. soc. trans_., ii (1863), 225 ff. [13] stratton (cornwall) churchwardens acc'ts, _archaeologia_, xlvi, 200 ff. _s. a_. 1565 and editor's note. [14] "sir w.. a.. and i with divers other justices, being met together at sondon church" (1582). strype, _annals of the reformation_, iii, pt. ii, 214. this meeting here may have been in the churchyard. [15] see in the _antiquary_, xxxii (1896), 147-8, the inquest held at st. botolph extra aldgate (1590), and the coroner's judgment delivered in the church that a suicide should be buried at cross-roads with a stake through her breast. [16] for the noisy proceedings in bow church and in st. paul's, london, see _the spiritual courts epitomised_ [etc.], a satire printed in 1641 at london. for this and similar satires see mr. stephen's _catalogue of political and personal satires_ in brit. mus. (1870). cf. strype, _life of grindal_ (oxon. ed. 1821), 83 ff. (proclamation of 1561 for reverent use of churches). also augustus jessop, _one generation of a norfolk house_, 15. sir j.f. stephen, _hist. of criminal law_, ii. 404. [17] in the canons of 1571 the churchwardens are called "_aeditui_," in those of 1604 "_oeconomi_." in the older churchwardens accounts their latin designations are "_gardiani_" and "_custodes_," sometimes "_prepositi_" (or 'reeves'). english equivalents are churchmen, highwardens, stockwardens (alewardens even), kirkmasters, church masters, proctors, etc. sidemen are called also questmen, assistants and (apparently) sworn men or jurates. they do not always appear in small country parishes, neither are they generally found before the latter half of elizabeth's reign. their latin appelation was "_fide digni_" and they were chosen from among the parishioners to the number of two, four, six or more to present offences along with the churchwardens, or offences which the wardens would not present (gibson, _codex_, ii, 1000). the sidemen went about the parish during service time with the wardens and warned persons to come to church (see p. 23 _infra_). for rector, etc., see p. 30 _infra_. [18] toulmin smith, _the parish_ (2d ed., 1857), 69 ff., strongly insists that churchwardens "never were ecclesiastical officers." but the authorities he cites are post-elizabethan. the courts in elizabeth's time held that the execution of the office "doth belong to the spirituall jurisdiction" (see brown v. lother, 40 eliz., in _j. gouldsborough's rep_., ed. 1653, p. 113). lambard (_the duties of constables_, etc., ed. 1619, p. 70) says that wardens are taken in favor of the church to be a corporation at common law for some purposes, viz., to be trustees for the church goods and chattels. [19] see "the othe which the parsons ... shall minister to the churche wardens," of which the text is given in bishop barnes' injunctions and other ecclesiastical proceedings, _surtees soc_., xxii (1850), 26 (hereinafter cited as _barnes' eccles. proc_.). the wording of this oath is evidently very similar to, if not identical with, that of the oath administered to the wardens by the archdeacon. [20] for a number of examples clearly illustrating this point see visitations of the dean of york's peculiar, _yorkshire archaeological journal_. xviii (1905), 202, 221, 222, 224, _et passim_. hereinafter cited as _dean of york's visit_. we have a number of these articles of inquiry formulated by archbishops or bishops. _e.g._, see in t. nash, _hist. and antiq. of worcestershire_, i, 472 (wardens of grimley make answer to the 5th and 6th articles inquired of by the bishop in 1585). cf. cardwell, _doc. ann._, ii, 13-16 (whitgift's articles of 1588). [21] _e.g., canterbury visit_., xxv, 12 (birchington wardens arraigned in court "for that they have not presented divers faults committed within the parish." 1591). act-books in _barnes' eccles. proc_., 118 (a warden of long newton detected to the official because "he refused to present faltes with his fellowe churchwardone, _et fatebatur delationem_, viz., that he wolde not present his owne wief." 1579). _ibid_., 129 (1580). see also _warrington deanery visit_., 188 ("departing and not exhibitinge there presentments"). w.h. hale, _precedents in causes of office against churchwardens and others_ (1841), 81 (wardens of sarratt [herts] excommunicated for not exhibiting their "_billas detectionum_." 1577). the last named work hereinafter cited as hale, _churchwardens' prec_. [22] for numerous examples of excommunication for non-appearance, see _barnes' eccles. proc_., 29 ff. under the heading of each parish we see "_aegrotat_" or "_excusatur_," or "_nullo modo_" (_sc. comparuit_) placed after the name of each person cited to attend from that parish. incumbents, wardens and sidemen were almost always in attendance. schoolmasters usually so when there were such. delinquent parishioners were of course cited in person, or remanded to appear at the next court day holden elsewhere. upon non-appearance the formula usually entered by the registrar or scribe in the act-book was "_et omnes et singulos hujusmodi non comparentes [judex] pronuntiavit contumaces et eos excommunicavit in scriptis_." at alnwick in 1578 fifteen persons were excommunicated for non-attendance. _barnes' eccles. proc_., 41. cf. hale, _crim. prec., passim_. [23] lists of "furniture," implements and books will be found in the metropolitan or diocesan injunctions of the time. a typical one is given in _barnes' eccles. proc_., 25, entitled "the furnitures, implements and bookes requisite to be had in every churche, and so commaunded by publique aucthoritie" (1577). cf. cardwell, _doc. ann_., i, 287 ff. ("advertisements partly for due order in the publique administration of common prayers [etc.] ..." jan., 1564). [24] _warrington deanery visit_., 184. [25] that is, bishop john jewel's _apologia ecclesiae anglicanae_, published in 1560, and his _defence of the apology_, published in 1567, sometimes called in the act-books and wardens accounts (where both works are frequently mentioned) _the reply to mr. harding_. [26] _barnes' eccles. proc_., 116. [27] j.l. glasscoek, _the records of st. michael's, bishop stortford_ (1882), 63. see also minchinhampton (gloucester) acc'ts, _archaeologia_, xxxv, 422 ff. ("allowynge the regester booke." 1575). _shrop. arch, and nat. hist. soc. tr_., 2d ser., i, ludlow acc'ts, _s. a_. 1585-6 (record of the new bible and other books). [28] glasscock, _op. cit_., 59 (1578). [29] hale, _crim. free_., 170-1. [30] visitations of the dean of york's peculiar, _yorkshire archaeological journal_, xviii (1905), 209. [31] _ibid_., 210. [32] with the exception of the high commission by the terms of its commission. see the writ of 1559 in gee, _the elizabethan clergy and the settlement of religion_, 150. also cardwell, _doc. ann_., i, 220, for the commission for york in 1559. as a matter of fact, as will appear from the illustrations cited, fines were virtually inflicted by way of court or absolution fees. again, while the canons or injunctions forbade the commutation of penance for money, an exception was made for money taken _in pios usus_, such as church repair or the relief of the poor. examples of the practice will be found in hale, _crim. prec_., 232 (repair of st. paul's, london); _warrington deanery visit_., 189 (poor); chelmsfofd acc'ts, _essex arch. soc., ii_, 212 (paving of church). for fines inflicted for the benefit of the poor see _barnes' eccles. proc_., 122 ("for that he gave evill words" an offender was enjoined by the judge to pay 2s. to the poor and to certify); hale, _op. cit_., 198 (an offender to pay a rate of 4d., and 12d. more _"pro negligentia_." 1589/1590) _cf_. canons of 1585 in cardwell, _synodalia_, i, 142. [33] _barnes' eccles. proc_., 24 (1577). in the case of individuals interdiction or suspension _(i.e_., from service and sacraments) does not differ in effect from excommunication, except that the former are temporary penalties and to terminate upon compliance with the judge's order. see burn, _eccles. law_ (ed. 1763), i, 616 (interdiction) and ii, 362-3 (suspension). [34] thomas north, _a chronicle of the church of st. martin's in leicester_ (1866), 116 (1568-9). [35] _leicester archit. and archaeol. soc. tr_., iii (1874), 192 (1567). [36] _ibid_., 197 (1594-5). [37] w.f. cobb, _churchwardens accounts of st. ethelburga-within-bishopsgate_ (1905), p. 10 (1595) and p. 12 (1604), respectively. stanhope was chancellor to the bishop of london. [38] see p. 46 ff. _infra_. [39] see _infra_ p. 40, p. 48 (note 169), p. 131, etc. also ch. ii, _infra_. _cf_. note 32 _supra_ (p. 19). [40] hale, _crim. prec_., 155. [41] ordinary is that ecclesiastical magistrate who has regular jurisdiction over a district, in opposition to judges extraordinarily appointed. at common law a bishop was taken to be the ordinary in his diocese, and so he was designated in some acts of parliament. but as a matter of fact 'ordinary' signifies any judge authorized to take cognizance of causes by virtue of his office or by custom. such were pre-eminently the archdeacons. these officers, at first merely attendant on the bishops at public services, were gradually entrusted by the latter with their own jurisdictional powers, owing to the vast extent of dioceses, so that "the holding of general synods or visitations when the bishop did not visit, came by degrees to be known and established branches of the archidiaconal office, as such, which by this means attained to the dignity of ordinary instead of delegated jurisdiction." edmund gibson, _codex juris ecclesiastici anglicani_, or the _statutes, constitutions_ (etc.) _of the church of england_, ii (1713), 998. cf. richard burn, _eccles. law_, ii, 101-2. as the ordinary in practice entrusted his office of judge to an official, i have used the two terms interchangeably. in some places exempted from the archdeacon's jurisdiction commissaries acted as judges, burn, i, 391. [42] that is, services and sacraments (except baptism) were suspended in it. the words of burn (_eccles. law_, i, 616, quoting gibson, 1047) are misleading. he says: "but this censure hath been long disused; and nothing of it appeareth in the laws of church or state since the reformation." of course interdiction _temp_. elizabeth was no longer the terrible punishment it used to be. [43] at shrewsbury. [44] _shrop. arch, and nat. hist. soc. tr_., i (1878), 62. [45] r.w. goulding, _records of the charity known as blanchminster's charity_ (1898), stockwardens acc'ts, 68. for other examples of interdiction of churches or excommunication see hale, _churchwardens' prec_., 111-12 (shoreham vetera interdicted. 1599/1600), _et passim_. [46] except in the city of london and some few other places, the chancel was at the charge of the rector or other recipient of the great tithes. sidney and beatrice webb, _english local government_ (1906), 20, _note_. also w.g. clark-maxwell in _wilts arch_. etc. _mag_., xxxiii (1904), 358. h.b. wilson, _history of st. laurence pountney_ (london, 1831), 73. [47] _canterbury visit_., xxvi, 21. [48] _ibid_. [49] _ibid_., 32. in 1599 the wardens of this parish inform the archdeacon that both church and churchyard need repairs "which we mean shortly to do." the next year, too, they make a report in almost identical words. _ibid_., 33. [50] see p. 15 _supra_. [51] _dean of york's visit_., 341. [52] numerous other presentments at visitations for failure to supply the requisites for worship besides those adduced in the text will be found in hale, _crim. prec_., 173 (a warden failing to supply the elements for communion, 1579-1580) _ibid_., 154 ("the rode lofte beame, the staieres of the rode loft standinge, the churche lacketh whittinge to deface the monuments." 1572), etc. _barnes' eccles. proc_._, 115 ("the degrees of mariage" and "the postils" lacking. 1578-1579). _warrington deanery visit_., 189 ("cloth for the communion table." 1592). visitation of manchester deanery in 1592 by the bishop of chester in _lancashire and cheshire antiquarian soc. tr_., xiii, 58. (communion cup lacking). _ibid_., 62 ("noe fonte," and christenings in "a bason or dish"). this source hereinafter cited as _manchester deanery visit_. [53] hale, _crim. prec_., _s. a_. 1587 (21st june). [54] _manchester deanery visit_., 66 (1592). cf. _canterbury visit_., xxv, 23 (1600). [55] hall, _crim. prec_., 13 (1598). [56] _warrington deanery visit_., 189. [57] _manchester deanery visit_., 69. [58] _ibid_. then as now the ale-house was the strongest rival of the house of god. a very common class of offenders were those who would not leave their ale cups to go to service (see authorities cited, _passim_). men were also great gossipers ("common talkers") in the churchyard, as a number of presentments show. [59] order of the archdeacon, essex archdeaconry, to the wardens of st. peter's and of all saints. maldon, in 1577, hale, _crim. prec_., 158. for refusing to keep her seat in church according to this order elizabeth harris was presented the next year, hale, _loc. cit_., 171. [60] the vestry of st. alphage's (g.b. hall, _records of st. alphage, london wall_, 31) grew highly indignant in aug., 1620, when the business of seating the parishioners came up for discussion, that a mr. loveday and his wife should presume to sit "togeather in one pewe and that in the ile where men vsually doe & ere did sitt; we hould it most ynconvenyent and most vnseemely, and doe thinke it fitt that mr chancellor of london be made acquainted w[i]th it [etc]..." [61] hale, _crim. prec_., 241-2: "_contra hayward, puellam. presentatur_, for that she beinge but a yonge mayde, sat in the pewe with her mother, to the greate offence of many reverend women." the child (as the vicar who made the presentment continues should have sat at her mother's "pewe dore." 1617). cf. _barnes' eccles. proc_., 122-3 (janet foggard cited for that "she beinge a yonge woman, unmarried, will not sit in the stall wher she is appointed ..."). cf. hale, _op. cit_., 210 (one clay and his wife "will not be ordered in church by us the church wardens [etc.]..". 1595). [62] examples will be found in the act-books cited _supra_. [63] hale, _crim. prec_., 149 (1566). cf. _ibid_., 163 (the divine service not "reverently, plainelye and distinctlye saide..." 1576). [64] hale, _op. cit_., 182 (1584). cf. whitgift's _articles for sarum diocese_ in 1588, art. viii: "whether your ministers used to pray for the quenes majestie ... by the title and style due to her majestie." cardwell, _doc. ann_., ii, 14. [65] _dean of york's visit_., 320 (1596). [66] hale, _op. cit_., 159 (1575). [67] 3 _rep. hist. mss. com_., 275 (a vicar presented by churchwardens in the commissary's court at poddington-apud-ampthill for not catechising the youth, etc., though required to do so by one of the wardens. 1616). for not presenting their minister when he neglected to catechise on the sabbath, the wardens of st. mary woolchurch haw, london, had to pay divers fees to the chancellor. brooke and hallen, _registers of st. mary woolchurch haw_ (1886), wardens acc'ts, _s.a._ 1593. [68] accordingly, by a later entry in the book we see that the warden brought in court a certificate that the surplice had been bought and worn by the vicar. _manchester deanery visit_., 59. for a precisely similar injunction see _ibid_., 62 (wardens of eccles). [69] see p. 15 _supra_. [70] for presentments of vicar's (etc.) offences see pp. 31 ff. _infra_. [71] l.g. bolingbroke; _the reformation in a norfolk parish, norf. and norw. arch. soc_., xiii, 207-8 (1593). [72] _dean of york's visit_, 231 (1594). [73] _ibid_., 315. see also _ibid_., 225 and 229. [74] _ibid_., 339 (1602). [75] see _queen's inj. of_ 1559, art. xviii. also art. xviii of archbp. (of york) grindal's inj. of 1571, _parker soc., remains of grindal_, 132. also cardwell, _doc. ann_., i, 337, etc. for the enforcing of the obligation by the ordinary, see numerous examples in _canterbury visit_., xxv, 22 (1585); 32 (controversy in 1584 between two parishes as to bounds); 37 (1594). also _ibid_., xxvi, 24, 25, _et passim_. other examples in hale, _crim. prec_., 162, where a parishioner of burstead parva (essex) is cited at a visitation for ploughing up a dole (a balk or unploughed ridge), which marked the boundary line between burstead and dunton parishes. cf. _canterbury visit_., xxv, 15, where three parishioners are presented for covering up a parish procession linch (1617). [76] see, _e.g_., a.g. legge, _north elmham_ (norfolk) _acc'ts_ (1891), 76 (1562), 82 (1566 and 1567). melton acc'ts in _leicest. archit. and arch. soc_., iii, 192 (1566). ludlow acc'ts in _shrop. arch. soc_., 2nd ser., i, _s.a._ 1601-2, etc. [77] in this year the 39 eliz. c. 3 was enacted which instituted overseers of the poor nominated by the licence of the justices, and placed wholly under their supervision. in spite of the provisions of an earlier act (14 eliz. c. 5) giving the justices power to appoint, or see collectors appointed, the ecclesiastical courts rather than the justices, as the act-books show, seem to have looked after the matter. see, _e.g., manchester deanery visit_., 57, 59, 60, 62, 63, 64, 68, etc. also _warrington deanery visit_., 184, 186, 187, 191, etc. cf. the item in the ludlow acc'ts, _shrop. arch. soc_., i, _s.a._ 1586-7, where is recorded an expense item for a payment to "mr. chauncelor" for entering a presentment for collections for the poor. [78] see act-books above cited. also hale, _crim. prec_., 165, _et passim_. _barnes' eccles. proc_., 118, _et passim_. _norf. and norw. arch. soc_., xiii, 207-8 (great witchingham wardens). [79] stanford (berks) accounts, _antiquary_, xvii (1888), 169 (expenses to oxford "to speke with [the] ... archedyacon for caryeng a strem[e]r in rogacion weke." 1564). hale, _crim. prec_., 150 (wearing of surplice on same occasion. 1567); 152 (_do_. 1572). cf. grindal's inj. at york, 1571, in cardwell, _doc. ann_., i, 337. [80] melton acc'ts, _ubi supra_, 192 ("beyng somonyd ffor ryngng off all hallodaye att nyght." 1566). halesowen acc'ts in t.r. nash, _history and antiq. of worcestershire_, ii, app., p. xxx (1578). stanford acc'ts, _ubi supra_, 169 (1566). _manchester deanery visit_., 64 (wardens of manchester "ringe more than is necessarie at burialls..."). cf. canons of 1571, cardwell, _syn_., i, 124 (ordained that wardens must not suffer "_campanas superstitiose pulsari, vel in vigilia animarum, vel postridie omnium sanctorum_..."). [81] accordingly some seven weeks later the wardens (or rather their successors) appeared again and reported that the rate had been laid, but not gathered. the court granted them a further space to buy the implements. hale, _churchwardens' prec_., 2-3 (1583/1584). similar examples abound in archdeacon hale's work, just cited, which covers the period 1557 to 1736. [82] _ibid_., 4 (1584). for other cases see _passim_. [83] hale, _churchwardens' prec_., 98 (1601). burn, _eccles. law_, i, 268 (citing gibson, _codex_, 196, and 1 bacon, _abridg_., 373), says that if no parishioners appear at a meeting duly called for the purpose of assessment," the churchwardens alone may make the rate, because they and not the parishioners are to be cited and punished in defect of repairs." to these words should be added the qualification that the parishioners _were_ sometimes collectively punished, viz., by interdiction of their church. thus in st. alban's archdeaconry the parishioners of redbourn were directed through the wardens to make a rate to levy â£60 "_sub pena interdictionis eccl[es]ie sue a divinoru[m] celebratione et sacramentaru[m] et sacramentaliu[m]_...[etc]." hale, _op. cit_., 89 (1599). in jan., 1599/1600; we find shoreham vetera in lewes archdeaconry interdicted, and one of its wardens appearing, "_humil[ite]r petijt interdicc[i]o[n]em ... emissam pro defect[u] eccle[s]ie ruinos[e] ... revocari ..._" in order that time might be given him to call together the tenants and owners of land in the parish and outlying districts as well as "strangers" who held lands in the parish. _ibid_., 111-12. in 1603 the wardens of northawe are to see a levy made "_sub pena interdicti_." _ibid_., 90. cf. pp. 36-7. [84] examples are: hale, _crim. prec_., 189 (mucking, essex, wardens. 157-6/7). _ibid_.,199 (east horndon, essex, wardens confess they have not accounted "by reason the parishioners will not come to recken with them." they are warned to make their account and if the parishioners will not audit it, to exhibit it at the next court. 1590). _ibid_., 222 (several parishioners presented for "not receiving" a warden's account. they plead that he was not chosen to be warden by their parson. 1600). see also _canterbury visit_., xxvi, 20, 21, also _ibid_., xxvii, 220, _et passim. dean of york's visit_., 335. [85] "the cases in which the advowson of the parish belonged to the inhabitants, though more numerous than is often supposed, were distinctly exceptional." beatrice and sidney webb, _local government, the county and the parish_ (1906), 34 _note_. [86] on the distinction between rector, vicar, curate, etc., see felix makower, _the constitutional history and constitution of the church of england_ (engl. trans. 1895), 334-7. also rev. w.g. clark-maxwell in _wilts arch_., (etc.) _mag_., xxxiii (1904), 358-9. [87] _e.g._, the canons of 1571, sec. _de episcopis_, required that the bishops ordain no one except such as had a good education and were versed in latin and the holy scriptures. nor was a candidate to be admitted to orders "_si in agricultura vel in vili aliquo et sedentario artificio fuerit educatus_." [88] of some 8,800 parish churches in england in 1601 only 600, it was computed, afforded a competent living for a minister. dr. james in debate in parliament november 16th, 1601. heywood townshend, _historical collections or proceedings in the last four parliaments of elisabeth_ (ed. 1680), 218-19. sir s. d'ewes, _the journals of all the parliaments during the reign of elizabeth_ (ed. 1682), 640. how this came about see white kennett, _parochial antiquities_ (ed. 1695), 433-45. [89] examples will be found in the churchwardens' accounts of the period, the _morebath_, (devon) _acc'ts_ for instance, which have been transcribed _in extenso_ up to 1573 by rev. j. erskine binney (exeter, 1904). the garrulous old vicar here, christopher trychay, who wrote the parish accounts himself for more than a generation, and always punctiliously styled himself "sir," is a fascinating figure. thanks to his chatty explanations on all subjects, bits of the daily life of this little devonshire parish from henry viii's, from edward vi's, from mary's, and from elizabeth's reigns are brought down to us with great vividness. cf. james stockdale, _annals of cartmel_ (1872), 58-9 (custom of addressing minister as "sir" lingering down to nineteenth century in lancashire). [90] lambard, _duties of constables, borsholders_, etc. (ed. 1619 frequently made an appendix to his _eirenarcha_), 67, says: "the ... lawes, hauing imployment of many to make, hath borrowed some use in a few easie matters of spirituall ministers, chiefly for the helpe and readinesse of their pen, which in many parishes few, or n�one (besides they) can serue withall." [91] _canterbury visit_., xxv, 22 (1590); 23 (1593). _dean of york's visit_., 231 (1594); 315 (1595). [92] _warrington deanery visit_., 184 (farmer of advowson not repairing chancel); 186 ("wm. brereton of hareford, esquire," _ditto_); 188 (executors of will of the late rector, _ditto_); 191 (rector of warrington); 192 (rector of wigan). _canterbury visit_., xxv, 32 (dean and chapter of christ church. 1583); 26 ("mr. john smyth, esquire"). for not keeping in repair vicarages, barns, dove-houses, etc., see _ibid_., xxvi, 20, 32. also _ibid_., xxvii, 222, etc. [93] hale, _crim. prec_., 160 ("_dominus injunxit dicto_ simpson [rector of pitsea, essex] that he shall procure iiijor sermons in the yeare ..." 1575-6). _canterbury visit_., xxvi, 44 (wardens present "they have no quarter sermons"). _ibid_., 213 (1569); 214 (1574); 222 (1600). _dean of york's visit_., 222 (wardens present "mr. deane for want of the quarter sermons." 1592). _canterbury visit_., xxv, 43 ("sir wm. baldock our vicar, himself unlicenced to preach, doth not provide a preacher for the sermons appointed by her majesty's injunctions." 1593). the _queen's injunctions of_ 1559, art. iv, provided that parsons should preach in their own persons at least one sermon in every quarter of the year. [94] _canterbury visit_., xxv, 22, 23 (two examples). _ibid_., vol. xxvi, 31, 44, 222, 319, etc. see _queen's injunc_. of 1559, art. xi. [95] see authorities above cited. whether the incumbent kept hospitality was a standing article of inquiry in the visitations of the period; _e.g_., grindal's metrop. visit. art of 1576, _remains of grindal, parker soc_., 157 ff. [96] _manchester deanery visit_., 63 ("they [ministers of manchester] be nott dutifull in visitinge the sicke"). [97] "and if the churchwardens and swornmen be negligent, or shall refuse to do their duty ... ye shall present to the ordinary both them and all such others of your parish as shall offend...." archbp. grindal's inj. at york, 1571, _remains of grindal, parker soc_., 129. [98] or judge acting by delegation from the ordinary. [99] "against the reader [of denton chapel] ... doth not reade the injunctions...." _manchester deanery visit_., 60. "_qui_ [wardens of belby] _dicunt_, the articles being diligentlie redd unto them [etc.]..." _dean of york's visit_., 221 (1591). _ibid_., 341. cf. _queen's inj. of_ 1559, art. xiv. [100] hale; _crim. prec_., 193. cf. grindal's inj. at york, 1571: "ye [the ministers] shall openly every sunday ... monish ... the churchwardens and sworn men of your parish to look to their oaths [etc.] ..." _remains of grindal_, 129. also whitgift's _articles_ of 1583, cardwell, _doc. ann_., i, 406 (ministers to warn parishioners once a month to repair to church). [101] _canterbury visit_., xxv, 36. [102] cf. canons of 1597: "_de recusantibus et aliis excommunicatis publice denunciandis_." cardwell, _syn_., i, 156. also _croke's eliz. rep_., leache's ed. (1790), i, pt. ii, 838, where a plaintiff sues for damages because defendant, a curate, maliciously erased the original name in an instrument of excommunication and inserted plaintiff's name, "and read it in the church, whereupon he was inforced to be absent from divine service, and to be at the expence to procure a discharge for himself" (1599). _canterbury visit_., xxvii, 219 (rector of swalecliffe presented for keeping back and not announcing excommunications "sent out of this court." 1596). [103] _canterbury visit_., xxvii, 219 (rector suffering excommunicates to come to his church during service). see also _infra_, p. 47. [104] canons of 1585 and 1597, cardwell, _syn_., i, 144 and 155-6 respectively. [105] see in hale, _crim. prec_., 206-7, the elaborate formula of confession prescribed for wm. peacock of leighton, essex, in 1592. he was to "publiquely after the minister ... confesse [etc.] ..." [106] hale, _op. cit_., 160 (margaret orton's penance for adultery. "and ther was redd the firste parte of the homilie againste whoredome & adulterie, the people ther present exorted to refraine from soche wickedness..."). [107] see pp. 12-13, and p. _27, supra_. [108] _barnes' eccles. proc_., 114 (parishioner in a durham parish presented for absenting himself "twice at morning prayer, and verrey often at eveninge prayer." 1579). houghton-le-spring acc'ts, _s.a._, 1596, _surtees soc_., lxxxiv (1888), 271 (giving in a bill of presentment for those absent from morning and from evening prayer). [109] _canterbury visit_., xxvii, 221 (four persons cited "for that they dwell so far from their own church come now to the parish church of westbere." 1569). _ibid_., xxv, 21 (two men presented for not attending their parish church "being two miles off, but go to the next parish church." 1569). _ibid_., 23 (1600). _op. cit_., xxvi, 46 (presentment of one who had often to be absent from his parish on business. 1593). _dean of york's visit_., 227 (attending another church for fear of arrest for debt in his own. 1594). [110] see in daniel neal, _history of the puritans_ (j. toulmin's ed., bath, 1793-7), i. 413-17, contemporary (1585-6) statistics for the licenced preachers of nine counties. see also j.c. cox, _three centuries of derbyshire annals_, i, 245 (only 82 clergymen licenced to preach out of a total in the diocese of lichfield of 433, according to a document _circa_ 1602). [111] for such a permit to hear preaching elsewhere, see hale, _crim. prec_., 189 (six parishioners of shopland (essex) authorized by the archdeacon to repair to a neighboring church for a sermon when there is no preaching in their own, but only two permitted to leave their own services at any one time. 1586-7). [112] hale, _ibid_., 187-8. [113] 1 eliz., c. 2, sec. iii, _ad finem_. [114] see 23 eliz. c. i, sec. iv (forfeiture of â£20 for every month's forbearance from church attendance). cardwell, _doc. ann_., i, 406 (whitgift's _articles of 1583_; minister and wardens to diligently observe those absenting themselves for the space of a month, according to 23 eliz. [_supra_] in order that they may be presented as recusants to the justices at quarter sessions). see also in _roxburghe ballads_ (1871), i, 118, a ballad written _circa 1620_ which tells us: "there be diuers papists, that to saue their fine, come to church once a moneth, to heare seruice diuine. the pope giues them power, as they say, to doe so; they saue money by't too, but i know what i know." cf. _canterbury visit_., xxv, 27 (presentment "that he is a negligent comer to our parish church, being not able to pay the forfeiture." 1597). _ibid_., xxvii, 223 ("john wilkins be slothful in coming to the church, and because he is a poor man we cannot take the fine of twelve pence." 1578). also _ibid_., xxvi, 46 (humphrey watts coming sometimes but once a month to church). [115] _canterbury visit_., xxvi, 18 (one deal presented for keeping a schoolmaster, "and also being a victualler, suffereth him to remain in his house and not frequent divine service on the sabbath day." 1580). [116] _warrington deanery visit_., 191 (one motley "married not known where"). see other visitations, _passim_. [117] _warrington deanery visit_., 192 (four persons presented from wigan for marrying without banns); 189, _et passim_. [118] _ibid_. 184 (a child not baptized at the parish church); 189 ("a child christened, and not known where"); 190 (same). hale, _crim. prec_., 216 ("keeping her child unbaptized a whole moneth." 1597). _ibid_., 183 (curate of blackmore, essex, suspended from the celebration of the rites because "there was tow children... which died unchristened by his necligence." 1584). [119] _warrington deanery visit_., 189; 190 ("his wife churched not known where"). hale, _ubi sup_., 167. [120] _warrington deanery visit_., 185 (office of judge against james woswall: "his children come not to bee catechised"). see canons of 1571 (parents and masters to be presented for not regularly sending children or apprentices to learn the catechism), cardwell, _syn_. i, 120. [121] see _queen's visit. art. of_ 1559 in cardwell, _doc. ann_., i, 211. hale, _crim. prec_., 226 (one robinson presented for not going to his minister to be examined in the principles of religion of which he was ignorant). _barnes' eccles. proc_., 122-3 (an offender "lackeinge the catechism dyde thrust in amongest others and receyvid ..." another was "repulsed from the communion because he coulde not saye the 10 commaundements, in whome we can perceyve no towardnes to learne them"). also hale, _ubi supra_, 146, 159, etc. [122] presentments for not receiving are numerous in the act-books. a few references are, _dean of york's visit_., 219 ff. _e.g._, at goathland 20 persons are presented by name. see also hale, _crim. prec_., 163, 171, 176, etc., and the other act-books heretofore cited. also canons, injunctions and visitation articles of the time, _e.g_., canons of 1571 (vicars, etc., to present all over fourteen who have not received) in cardwell, _syn_., i, 120. grindal's inj. for york, 1571 (all above fourteen to receive in their own churches at least three times a year), cardwell, _doc. ann_., i, 336. [123] see heywood townshend, _proc. in the last four parl. of eliz_., debates, _passim_. [124] j.e. foster: _ch'wd'ns acc'ts of st. mary the great_, cambridge (1905), 225 (item for paper book to write in all names of the parish at easter. 1590-1). _ibid_., 202 (item to a scribe for writing names of communicants). thos. north, _chronicle of st. martin, leicester, ch'ivd'us acc'ts_, 171 (item same as above. 1568-9). [125] e. freshfield, _vestry minutes of st. christopher-le-stocks_, append., 71. [126] _ibid_., 7. for similar vestry orders see _vestry minutes of st. margaret, lothbury_, london (also edited by dr. freshfield), pp. 1 (1571) and 15 (1583). also g.w. hill and w.f. frere, _memorials of stepney parish_, 43 (1602), and 51 (1605/6). [127] burn, _eccles. law_, i (ed. 1763), 274, _sub voce_ church, says: "and if any of the parishioners refuse to pay their rates, being demanded by the churchwardens, they are to be sued for, and to be recovered in, the ecclesiastical courts, and not elsewhere." [128] _memorials of stepney_, 51. cf. _acts of the privy council_ (ed. dasent), xxii, 482-3 (a tenant refusing a customary payment for church repair, presented by "the generall consent" of the parishioners of lewesham to the commissary's court. he removes the cause to star chamber "to the extreame chardgis, trouble and hinderance" of one of the wardens, to the encouragement of like offenders, and to the "utter ruin and decaie" of the church. 1592). the source last quoted hereinafter cited as a.p.c., xxii (etc.). [129] besides the order just mentioned, the stepney vestry had three years before ordained concerning their wardens that these were "to shew how they haue p[re]sented them [old dues in their books], otherwise the said churchwardens shalbe charged to pay those arrearages as shall remayne so vnpaid and not p[re]sented by them." _op. cit_., 43. [130] art. xxi, cardwell, _doc. ann_., i, 326. [131] _leicest. archit_. (etc.) _soc_., iii, 204. [132] j.h. butcher, _the parish of ashburton in the 15th and 16th centuries_ (1870), 42. see also _ibid_., 40 and 49. also h.j.f. swayne, _acc'ts of st. edmund and st. thomas, sarum_ (wilts rec. soc. 1896), introd., p. xxv, and p. 317. [133] hale, _churchwardens' prec_., 4-10, 5th to 8th march, 1607-8. cf. _ibid_., 16. [134] hale, _op. cit_., 109-110. [135] _canterbury visit_., xxvii, 218. authorization to tax the land is not asked for in express terms, but seems to be implied. in other cases it is clear that a warrant was given for the assessment of lands, _e.g_., hale, _churchwardens' prec_., 4 (a warden of chelmsford, essex, to appear in court "for a warrant for seassment of the landes." 1584). sometimes the rates made were offered in court to be confirmed, hale, _ibid_., 8 (a rate "offered" to the judge at stratford at bow. 1607). _canterbury visit_., xxv, 14 (a rate, subscribed by the boards of the parishioners, "and certified under mr. doctor newman's own hand." 1613). [136] _canterbury visit., ubi supra_. [137] hale, _churchwardens' prec_., 90-1 (1603). [138] _canterbury visit_., xxvii, 223 (1569). cf. _ibid_., 214. also _ibid_., xxvi, 18 (three persons presented who will not "pay to the poor mens' box." 1574). [139] hale, _crim. prec_., 149 (1566). cf. _ibid_., 176 ("detected for beinge an uncharitable person & for not gevenge to the poore & impotent..." 1583). _ibid_., 208 (one crisp detected for not paying his accustomed "offering" for himself and wife to the minister at easter. 1593). [140] _dean of york's visit_., 229 (1595). _ibid_., 214 (similar presentment, 1570). _ibid_., 335 (_same_. 1600). _ibid_., 223 (bellman's wages). [141] _canterbury visit_., xxvi, 22 (1598). [142] _ibid_., 20 (1592). [143] _ibid_., 21 (1596), 44. _op. cit_., xxv. 32 ("we do suppose that [name] ... doth keep back from us a certain sum ... given by will to the use of the church ... and we know not how we may come by the same, unless your worship's aid be ministered unto us in that behalf." 1581). _ibid_., 22, 23, 26 etc. [144] _op. cit_., xxvii, 219 (1569). _op. cit_., xxv, 14 (keeping church ewes and not paying rent for them. 1613). [145] _op. cit_., xxvi, 33 (1605). [146] _ibid_., 39 (1600). _ibid_., 31. [147] _op. cit_., xxvii, 224 (1584). [148] _op. cit_., xxv, 13 (1600). [149] _e.g._, hale, _crim. prec_., 221 (1599). [150] _dean of york's visit_., 333 (church house. 1601). _ibid_., 214 (churchyard fence. 1570). [151] the higher nobility excepted. [152] cardwell, _syn_., i, 128. [153] _barnes' eccles. proc_., 19. [154] see, _e.g., op. cit_., 42-45 (5 schoolmasters mentioned by name at allhallows, newcastle; 4 at st. nicholas). in durham city "_sub-pedagogi_" are also spoken of in the various wards. [155] _op. cit., passim_. other examples will be found in _dean of york's visit_., 225, 229 etc. hale, _crim. prec_., 154, 184-8 (john leache's case. 1584-6), 190, 198 (one dawe's wife teaches without a licence. warned not to teach any "man child above the age of x yeres, untyll she shall be lawfully licenced." 15-89/90). _canterbury_ visit., xxvi, 20, 21, 25, 31, etc. [156] see j. cordy jeaffreson, _a book about the clergy_, ii, 58. [157] cardwell, _doc. ann_., i, 176 and 182. [158] see also archbishop parker's and other commissioners' precept to churchwardens and others in june, 1571 ("and that in no wise ye suffer any person publicly, or privately to teach, read or preach ... unless such be licenced [etc.] ... as you and every one of you will answer to the contrary"). _corresp. of archbp. parker, parker soc_., 382-3. cf. also archbp. whitgift's 'commission' to the ministers and churchwardens of london, aug., 1587, forbidding "that they ... do suffer any to preach in their churches or to read any lectures [etc.] ..." neal, _history of the puritans_, (toulmin's ed. 1793), i, 428. [159] _e.g._, hale, _crim. prec_., 188 ff. (leach, a schoolmaster, was cited for catechizing and preaching, being unlicenced. he was strictly warned by the judge not to "use any private lecture or expositions of scripture or catechisinge of his schollers in the presence of anye ... not ... of his owne howse-hold [etc.]." 1586-7). ibid., 202 (a curate detected for preaching without a licence. he confessed "that he hathe expounded" a little on the text, "but wold that mr archdeacon would appoint some time that he might preache before his wor[ship], and yf he should accepte of him, he would request his wor[ship] to be meanes unto my lord of london that he may be licenced to preache." 1591). w.h. overall and a.j. waterlow, _st. michael's, cornhill_, (london) _acc'ts_ (1869), 176 ("paide to mr. sadlor for avoidinge one excommunication for suffering a preacher to preache in o[u]r churche, being unlycenced, iij s. viij d." 1587-8). [160] in 1585 the wardens of pittington (durham) are "commanded to bye for everie person in our parish a booke ..." _surlees soc_., lxxxiv, 19. examples taken promiscuously from the wardens accounts of the day are: "paid for three prayer books for the good successe of the french kinge;" "paid for a prayer of thankes gevinge for ye over throwe of the rebelles in the north." in many accounts occur items for books of prayers "for the earthquake," or "against the turke," or "omelies against the rebells," or "in plague tyme," etc. [161] a number of ballads dating from the reigns of elizabeth and james have been very recently (oxon. 1907) published by mr. andrew clark under the title of _shirburn ballads_. [162] one of the earliest orders of the high commissioners preserved dates from 1560 and directs the wardens of the stationers to stay certain persons from the printing of primers and psalters in english and latin, for which printing one seres had obtained a monopoly. c.r. rivington, _the records of the worshipful company of stationers_ in _london and middlesex archã¦ol. soc. tr_., vi, 302. [163] "_a writing of the bishops in answer to the book of articles offered the last session of parliament anno reginã¦_ xxvii [etc.]." so called by strype, but assigned by dr. cardwell to a date later than 1584. cardwell, _doc. ann_., i, 426. "excommunication" in the act-books and elsewhere almost invariably refers to the lesser excommunication. [164] thus he could not receive communion, be married, stand as godfather, etc. burn, _eccles. law_, i, 252-3. compare _antiquary_, xxxii (1896), 143 (penance and heavy costs for a man who "being excominecated ... ded preseume to marye before ... he was absolved." 1583). also hale, _crim. prec_., 223 (presentment of an excommunicate for marrying. 1600). [165] see hale., _op. cit_., 198 (archdeacon's instructions to a curate in 1589). _ibid_., 200 (minister stopping service as an excommunicate would not leave. 1590). _hist. mss. com. rep. var. coll_. (1901), 78 (complaint by a vicar to wilts quarter sessions that an excommunicate tried to remain at service. 1606). _associated architectural soc. rep_., (etc.), xxxiii, pt. ii (1897), 373-4 (device of procuring an excommunicate to enter church and interrupt service so certain youths could continue their morris-dancing, 1617). chelmsford acc'ts, _essex arch. soc_., ii, 213 (item for "carrying roger price out of the church, he being exc[mmunicated]..." 1632). [166] see canons of 1597, cardwell, _syn_., i, 156. burn, _op. cit_., 457-8. for such a sentence see e.h. chadwyck healey, _hist. of west somerset_ (1901), 184 (archdeacon of taunton requiring a minister to denounce solemnly three obstinate excommunicates, and to warn all good christians not to eat or drink, buy or sell, or otherwise communicate with them under the pains of being themselves excommunicated. 1628). [167] thus those who talked with him, ate at the same table with him, saluted him, or gave anything to him were themselves _ipso facto_ excommunicate. see reeve, _hist. of english law_ (finlayson's ed.), iii, 68. if such an excommunicate brought an action at law, the defendant could plead in bar the excommunication. the testimony of such a man was not admissible in court. finally, he could not be buried in the parish churchyard nor could services be performed over his body. burn, _loc. cit., supra_. [168] see the case of kenton v. wallinger, 41 eliz., _croke's eliz. rep., leache's ed_., pt. ii, 838. this has already been mentioned on p. 33, note 102. in the leverton, lincoln, overseers for the poor acc'ts, there occurs, _s. a_. 1574 an item of 7s. given to john towtynge "for the discharge of ... his excomynacion," and the next year a sum of 2s. 6d. given to a woman for a like discharge. _archã¦ologia_, xli, 369-70. [169] whereby any but a perjured man would be forced to incriminate himself. [170] cf. maitland, _canon law in the church of england_, chapter, "the pope the universal ordinary." for proceedings by high commissioners see stubbs in _eccles. courts com. rep_. to parliament (1883), i, hist. append., 50. [171] as to the expense in suing out the writ, and also the slackness of bailiffs, etc., in executing it, see [r. cosen], _an apologie of and for sundrie proceedings by jurisdiction ecclesiasticall_ (1st ed., london, 1591), 64-5. speaking of the great charges incurred in suing out the writ cosen writes: "so that i dare auowe in sundrie diocesses in the realme, the whole yeerly reuenue of the seuerall bishops there woulde not reach to the iustifying of all contemnours ... by the course of this writte." that temporal judges sometimes set prisoners under the writ free at their own discretion without notice to the spiritual judges, see bancroft's _petition to the privy council_ in 1605, cardwell, _doc. ann_. ii, 100. for hostility of temporal judges for ecclesiastical jurisdiction, see bancroft, _op. cit_., 85. he counts up 488 prohibitions during elizabeth's reign, many of them awarded without good cause and "upon frivolous suggestions" of defendants (_op. cit_., 89). [172] hale, _crim. prec_., 145 ("_dominus decrevit scribendum fore regie majestate pro corporis capcione_ [etc.]." the threat subdued the excommunicate, for 15 days later "_solutis_ xxxiiis.... _pro expensis contumacie_," absolution was given, and penance enjoined. 1562). _ibid_., 172 (similar threat, we do not hear of the outcome). cf. r.w. merriam, _extracts from wilts quarter sess_. in _wilts arch. and nat. hist. mag_., xxii (1885), 20 (affray because of an arrest under the writ. 1604). see also whitgift's note to his bishops in 1583, cardwell, _doc. ann_., i, 404-6 ("if the ordinarie shall perceave that, either by slackness of the justices or waywardness of juries," recusants cannot be indicated at quarter sessions, then the ordinary shall, after first trying persuasion, excommunicate the culprits, and after forty days procure the writ against them). bancroft writes, march, 1605, that he will use his "uttermost endeavour" to aid his suffragans in procuring the writ, and in having it faithfully and speedily served. cardwell, _doc. ann_., ii, 80. cf. also the satirical single-sheet, published june, 1641, entitled _the pimpes prerogative ... a dialogue between pimp-major pig and ancient whiskin_, in brit. mus. _coll. of polit. and personal satires_. pig: "tush, their excommunications fright not us; but our land-ladies (poore soules) lie in most danger; for them they serve after with _excommunicato capiendo_, and then our forts are beleaguer'd with under-sheriffs, bum-bayliffs, shoulder-clappers, etc., whom we sometimes beat back by violence." [173] cardwell, _loc. cit_., 100. ecclesiastical jurisdiction derived also much temporal strength from the fact that practically every bishop was also a justice of the peace. for proof of this see strype, _annals of the reformation_ (oxon. ed.), iii, pt. ii, 451 (bishop of peterboro' complaining that he alone was left out of the commission. 1587). cardwell, _doc. ann_., ii, 80 (bancroft's letter, 1605: "we that are bishops, being all of us (as is supposed) justices of the peace"). when commissioning justices burghley referred to the bishops for lists of orthodox men. see such lists in strype, _op. cit_., 453-60. also in strype, _life of whitgift_, i, 187-8. _victoria county history of cumberland_, ii, 73-4. _sussex arch. soc. coll_., ii (1849), 58-62. mary bateson, _letters from the bishops to the privy council_, 1564, _with returns of the justices of the peace_, etc., in _camden miscellany_, ix (1895). by 1 eliz. c. 2, bishops could at pleasure associate themselves to justices of _oyer and terminer_ or of assize. cf. strype, _whitgift_, 329. [174] presentments on this score are frequent. take only a single jurisdiction, that of the dean of york's peculiar, between the years 1592-1601, and a number will be found. see _dean of york's visit_., 222 (5 persons); 226, 229, 315, 326, 329 (remaining excommunicate for a month); 334 (over 40 days. also a person presented for harboring an excommunicate); 335 (over a year); 341 (14 days). [175] cosen, _an apologie_, etc., 64. as has been above stated, an excommunicate could not attend service. p. 47 _supra_. [176] according to 23 eliz. c. i, sec. 4 and sec. 6. [177] see _a.p.c_., xiii, 271-2 (1581). cardwell, _doc. ann_., i, 406 (whitgift alludes to the "waywardnes" of juries). [178] not suspension from office (as might be supposed) but from service and sacraments. [179] p. 19, note 33, _supra_. [180] hale, _crim. prec_., 150 ("_contra_ ... because he will not be churchwarden accordinge to the archdeacon's judgment." excommunicated. 1566). ibid., 162 ("_contra ... detectum_ that he obstinately refuseth to be churchwarden, notwithstanding he was chosen by the consent of the parson and parishioners." excommunicated. 1576). cf. ibid., 183 (presentment for refusing to be sideman), and ibid., 207 (refusing churchwardenship). [181] in equity specific performance is nothing more than the giving of an instrument transferring title after all has previously been done on both sides, but this, to complete the transaction. [182] denunciation "in many poyntes resembleth a presentment," cosen, _an apologie_ (etc.), 70. see his book for the modes of proceeding. cf. also hale, _crim. prec_., introd., p. lviii. in commenting on archdeacon hale's book, which we have so often here cited (_a series of precedents in criminal causes from the act books of ecclesiastical courts of london_, 1475-1640 [pub. in 1847]), sir j.f. stephen in his _history of crim. law in england_, ii, 413, makes these observations: "it is difficult even to imagine a state of society in which, on the bare suggestion of some miserable domestic spy, any man or woman whatever might be convened before an archdeacon or his surrogate and put upon his or her oath as to all the most private affairs of life; as to relations between husband and wife; as to relations between either and any woman or man with whom the name of either might be associated by scandal; as to contracts to marry, as to idle words, as to personal habits, and, in fact, as to anything whatever which happened to strike the ecclesiastical lawyer as immoral or irreligious." [183] the case of john johnson in the official's court in durham city forms an excellent commentary on the whole system. he was presented as suspected of incontinency. after repeated citations and a threat of excommunication, he appeared, denying the charge and alleging that a churchwarden with others had falsely concocted it. at the petition of an apparitor, who acted as public prosecutor, seven of johnson's fellow-parishioners were cited to swear not to the _fact_ of his guilt, but to the general _belief_ in it. articles were then drawn up upon which depositions were taken and published. the case was adjourned repeatedly so that the many formalities of procedure might drag out their weary length. the oath _ex officio_ was forced on johnson, but he denied all guilt. finally, he was enjoined to procure three compurgators. these swore that they believed _"in animis suis"_ that johnson had sworn to the truth. though pronounced innocent, johnson was condemned to pay the costs of all the formalities that the apparitor had set in motion against him, and a last time was dragged into court in order to be admonished under pain of excommunication to pay these fees, amounting to â£1. 3s. 4d., within a month! the case had extended from 11th june, 1600, to 22nd may, 1601. _surtees soc_., lxxxiv (1888), 359-362. cf. also the following: "payed for annswerynge dyuerse faulse vntrothes suggested by [five names] to the sayd commyssyoneres vj s. viij d." minchinhampton, gloucester, acc'ts, _s.a._ 1576 (archbishop's visitation), _archaeologia_, xxxv. "pd. for our charges to lycoln when we were p[re]sented by the apparytor unjustly for that our church should by [be] mysvsed vs. vjd." leverton, lincoln, acc'ts, _s.a._ 1579, _archaeologia_, xli, 365. under 1595 the leverton wardens have the entries: "pd. to the apparitor for fallts in the churche ijs. viijd.," and: "for playing in the churche iijs. viijd." the last is explained by a third entry: "to the apparator for suffering a plaie in the church." (_op. cit_., 367.) this looks like bribery, or blackmail, or both. for examples of bribery see wing acc'ts, _s.a._ 1561, _archaeologia_, xxxvi ("to ye s[um]m[o]ner to kepe us ffrom lincoln for slacknes of o[u]r auters"). abbey parish acc'ts, _s.a._ 1600, _shrop. arch. soc_., i. 65 ("paid to cleaton, the chauncelor's man for keeping us from lichfield"). great witchingham acc'ts, _norfolk and norwich arch. soc_., xiii, 207 ("simp the sumner for his fees for excusing us from norwich"). _st. mary woolchurch haw_, london, _acc'ts, s.a_. 1594 ("more unto the paratour and doctor stanhopes man for their favours"). hale, _crim. prec_., 202 ("_fassus est_ that he gave xs. to ... the apparitor to thend that he might not be called into this corte." 1590). for examples of fees paid for absolution from an unjust excommunication see _minchinhampton acc'ts, s.a_. 1606 ("layd out [at] gloucester when we wer excommunicated for our not appearinge when wee were not warned to appeere, vj s. viij d"). st. clement's, ipswich, acc'ts, _east anglian_, in (1890), 304 ("payed for owr absolution to the commissary, being reprimanded for that we did not give in our verdict, where as we nether had warning nor notice given us of his corte houlden, ij[s.] x[d.]:" and: "payed more ffor the discharg of his boocke, viijd." 1610). churchwardens accounts are pretty reliable evidence, for they were subject to the scrutiny of those who had to foot the bills. [184] see mr. andrew clark's _shirburn ballads_ (oxon. 1907), 306 ff. mr. clark's notes and illustrations drawn from other contemporary sources are most valuable. [185] a number of broadsides and pamphlets were published in 1641 upon the abolition of the spiritual courts. consult mr. stephen's _catalogue_ (1870) for those in the british museum. one of them is entitled _the proctor and parator their mourning ... beinge a true dialogue, relating the fearfull abuses and exorbitances of those spirituall courts, under the names of sponge the proctor and hunter the parator_. in the spirited dialogue between the two _hunter_ tells of his ways of extorting money from recusants, seminary priests and neophytes, "whose starting holes i knew as well as themselves"; also, he adds, "i got no small trading by the brownists, anabaptists and familists who love a barne better than a church." "poor curates, lecturers and schoolmasters ... that have been willing to officiate their places without licences" are also his special prey. as for minor offenders "against our terrible canons and jurisdiction ... had i but given them a severe looke, i could ... have made them draw their purses ..." "i tell you," he concludes, "the name of doctors commons was as terrible to these as argier [algiers] is to gally-slaves." _sponge_ admits that he has made many a fat fee by _hunter's_ procurement. for more serious documents in corroboration see whitgift's circular to his suffragans in may, 1601, and also his address to his bishops a few months later in strype, _whitgift_, ii, 447 ff. among many other and grave abuses he refers to "the infinite number" of apparitors and "petty sumners" hanging upon every court, "two or three of them at once most commonly seizing upon the subject for every trifling offence to make work to their courts." cf. canons of 1597, can. xi (multitude of apparitors and their excesses) in cardwell, _syn_., i, 159. also canons of 1603/4, _ibid_. most of the elizabethan and stuart metropolitan and diocesan injunctions call for the presentment of the abuse of apparitors and other court officials. see cardwell, _doc. ann_., ii, _passim_. also _appendix to 2nd rep. of the com. on ritual_ to parliament (1870), where a large number of injunctions from parker to juxon (1640) are gathered together. [186] by this system, if the accused could get together a certain number of his neighbors (3, 4, 6 or more) to act as oath-helpers, _i.e._, who would swear that they believed him on oath, he was acquitted. it seems to have been no concern of the judge to weigh the evidence on the facts themselves. [187] the churchwardens accounts are full of items for horse hire and other expenses for long journeys, for ecclesiastical courts were held at all kinds of places at the pleasure of the judges. see mr. bruce's remarks on the minchinhampton acc'ts, _archã¦ologia_, xxxv, 419 ff. cf. the ludlow acc'ts, _shrop. arch. soc. 2nd. ser_., i, 235 ff.--in fact any of the accounts of the period that have been printed in detail. [188] archdeacon hale in _crim. prec_., introd., p. lx. [189] hale, _crim. prec_., 205 (1591). in warrington deanery, at the bishop's visitation in 1592, one grimsford is cited for not living with his wife. on a later occasion he appeared and affirmed that his wife had run away with another man, "whereupon the judge, having regard to the poverty of the man," absolved him. _warrington deanery visit_., 190. an ecclesiastical judge in durham city made this decree in 1580: "_dominus ... decrevit scribendum fore aldermanno_ ... to whip and cart the said rowle and tuggell in all open places within the city of durham, for that they faled in their purgacion, and therefore convicted of the crime detected." _barnes' eccles. proc_., 126. [190] a most important piece of evidence--because coming from such a source--is whitgift's circular and (later) his address to his bishops, already alluded to (note 185) given in strype's life of him. whitgift mentions the frequent keeping of officials' or commissaries' courts and the multitude of apparitors serving under them, so that "the subject was almost vexed weekly with attendance on their several courts." he adds that "what with churchwardens' continual attendance in these courts, which in many places came to more than was by a whole parish for any one cessment made to her majesty, the poor men who were chosen church wardens ... were in their estates hindered greatly in leaving their day labor for attendance there." these and like complaints, the metropolitan continued, were daily brought to him "with a general exclamation against commissaries' and officials' courts." in prophetic language he warned his suffragans that if they were not more zealous for reform all their courts might be swept away. we have further the unceasing complaints and the numberless petitions that were presented in every elizabethan parliament from 1572 onwards. some of these are given in strype, _annals_, etc., some in his _whitgift_. mr. prothero has conveniently gathered some, with references to others, in his _statutes and constitutional documents_ (1st ed.), pp. 209, 210, 215 and 221. see also heywood townshend, 110, _et passim_; d'ewes, 302, _et passim_, and the canons and injunctions of the time. peculiars were doubtless most subject to abuses, as being often exempt from the oversight and corrective discipline of the diocesan. offenders sometimes fled to these for protection. see strype, _ann_., iii, pt. ii, 211-12 (bishop of coventry and lichfield complaining in 1582 of peculiars, some of which belonged to laymen, as holders of abbey lands, in the matter of recusants). cf. blomefield, _hist. of norfolk_, iii, 557. _camden miscellany_, ix (1895), 41 (letters from bishops to privy council in 1564. recusants flying to exempt places). on the scandalous neglect of duty of some holders of peculiars see _dean of york's visit_., 199, 201 ff., 324, _et passim_. see also mr. w.e.b. whittaker's article "_on peculiars with special reference to the peculiar of hawarden_," in _archit. arch. and hist. soc. for chester and n. wales_, n.s. xi (1905), 66 ff. and records there given. see also _eccles. courts com. rep_., 1830-2, printed as appendix to vol. i of _eccles. courts com. rep_. of 1883, p. 198. lists of peculiars will be found in the above authorities. [191] though they were reestablished in 1660 they were forever shorn of their ancient glory. [192] the names of some of these broadsides, pamphlets, etc., have already been given. to these may be added, _the spiritual courts epitomised in a dialogue betwixt two proctors, busie body and scrape-all, and their discourse of the want of their former imployment_. others will be found in mr. stephen's _catalogue_. [193] that is, a portable stone altar which had been consecrated and could be set up anywhere for mass. [194] see order of the wilts justices issued against such offenders, oct., 1577. _hist. mss. com. rep. on mss. in var. coll_., i (1901), 68. [195] see indictment of an essex jury at quarter sessions in 1585 against one glasscock who spoke lightly of the ceremony of baptism, and rent out of a prayer book certain leaves where the ministration of baptism was set forth. _hist mss. com. rep_., x, pt. iv, 480. [196] presentment to the wilts justices, _loc. cit. supra_, 69 (1588), for excessive zeal of the justices of assize in suffolk see _state papers dom. eliz_., 1591-4, p. 275 (address of suffolk gentry to privy council in 1592. they complain of indictments against ministers on very trivial pretexts). for the answer of the council to this petition see strype, _ann_., ii, pt. i, 268-9 (lords write to judges to consult the spirit not the letter of law, and add their own suspicions that informers are mainly to be blamed if justice has miscarried). [197] _state pap., loc. cit_. [198] indictment of essex jury, _hist. mss. rep., loc. cit. supra_. [199] _ibid_. [200] information of the wilts justices against one dearling, parson of upton lowell, _loc. cit. supra_, 68 (1585). cf. chelmsford acc'ts, _essex arch. soc_., ii, 212 (an item paid the clerk of assizes for framing the indictment of chelmsford hundred "against puritisme." 1592). [201] these would be--to cite the principal--the ordinary upkeep of the church with its services and all its appurtenances whatsoever (see previous chapter); the finding of clerk and sexton; the care of the poor; maintaining of the local roads and bridges; purchasing and repair of parish armor, and mustering of parish contingents; contributions for prisoners and maimed soldiers; the keeping of the parish butts and the stocks; the destruction of frugivorous birds and animals (the statutory "vermin"), etc. [202] the act-books are full of "detections" for being an "uncharitable person," for "not giving to the poor," etc. see pp. 41 ff., _supra_. [203] reference is here made to the occasional seizure of parish lands or funds by the queen's commissioners for concealed lands. see strype's strong language in his _ann. of the ref_. (oxon. ed.), ii, pt. i, 310. he speaks of the unjust oppressions of courtiers and other griping men, 'harpies' and 'hell-hounds,' who, under the pretense of commissions, "did intermeddle and challenge land of long times possessed by churchwardens, and such like, upon the charitable gifts of predecessors ... yea and certain stocks of money, plate, cattle and the like. they made pretence to bells, lead [etc.] ..." strype's words are none too strong, being amply confirmed by much evidence _aliunde_. see, _e.g_., the determined attacks in 1567 and subsequently on the melton mowbray school lands in _leicest. archit_. (etc.) _soc_., iii (1874), 406 ff. thanks to powerful neighbors the meltonians won their case. less fortunate were the parishioners of st. mary's, shrewsbury, the revenue from whose lands supported church fabric, the poor, etc. for proceedings against them, and the vain appeal by the parish to the lord chief justice in 1572 ff., see owen and blakeway's _hist. of shrewsbury_, ii, 350-2. for confiscation of parish gild property and parish lands on a large scale, see examples given in _cambridge and hunts arch. soc_., i (1904), 330 ff. we are here told that during elizabeth's reign at least twelve commissions for concealed lands were sent down into cambridgeshire (p. 332). see also _ibid_., 370 ff. for a sale of forfeited lands to jones and grey in 1569. the list of lands is very long and only a sample of many such. for attacks (1587) on all saints, derby, lands, whose revenues went to church repairs, etc., see j.c. cox and w.h. st. j. hope, _chronicles of all saints, derby_ (1881). for informers involving lapworth, warwick, in a suit about its parish lands see robt. hudson, _memorials of a warwickshire parish_ (1904), 104. the churchwardens acc'ts occasionally allude to the queen's commissioners, _e.g_., the great witchingham acc'ts, where they are dubbed by the right name: "for my expenses when i was before the quenes inquisitors for lands and goods" (1559). _norf. and norw. arch. soc_., xiii, 207. [204] jas. copeman in _norf. and norw. arch. soc_., ii (1849), 64. the loddon acc'ts cover the period 1554-1847, some of the donations, or endowments, being made in the 16th and some in the 17th centuries. [205] robt. dymond in _devon assoc. for advanc. of science_ (etc.) _tr_., xiv (1882), 407. these acc'ts run from 1425-1590. for a list of parish properties in 1565, see pp. 460-1. their yearly rent then amounted to â£9 14s. 2d. [206] sam'l barfield, _thatcham, berks, and its manors_ (1901), i. 121. [207] r.w. goulding, _records of the charity known as blanchminster's charity, stratton_ (1898), 64-5. [208] in 1562 it is said to have contained only 48 families. john amphlett, _churchwardens acc'ts of st. michael's in bedwardine_ (ed. for _worcester hist. soc_., 1898), introd., p. iii. [209] _op. cit_., 142-3. see _ibid_., and for the year named, the receipts from these properties. thus â£4 is paid for one and a half years' rental of parish land lying in severn stoke parish; 44s. for two years' rent of parish houses in st. peter's parish, worcester city, etc. [210] _op. cit_., pp. xxx-i. [211] hudson, _memorials_, etc., 85 ff. consult mr. hudson's map of the parish lands. [212] _notes and queries for somer. and dorset_, v (1897), 94. [213] _somerset arch. and nat. hist. soc. tr_., xxiii, mr. pearson's introd., p. iii, and _op. cit_., vol. xxvi, 106-9. cf. a.g. legge, _north elmham_, norfolk, _acc'ts_ (1891), 5-6 (long list of lands managed by wardens in 1549). also j.h. butcher, _the parish of ashburton_ (devon), 49 (1580). owen and blakeway, _hist. of shrewsbury_, ii, 342 (st. mary's parish lands with 32 tenants and rental of â£6. 7s. 8d. in 1544. the churchwardens were here called "lady wardens" as managing the "rentall of our lady"). [214] _st. michael's acc'ts, op. cit_., vol. xxvi, 129. the wardens of this parish record among their expenditures many items for the repair of the parish tenements and other property. in early times they received 12d. as a salary for management. later this was changed into an honorarium of varying amount "_pro bono servicio suo." op. cit_., vol. xxiii, intro., p. ii. [215] thus at lapworth, warwickshire, a trust of parish lands was re-created in 1563 with twenty-two feoffees; and one collet in 1567 enfeoffed seventeen men of a field of only three acres, fourteen perches, to parish uses. hudson, _memorials_ (etc.), 85-6. [216] _e.g._, the grasswardens of st. giles, durham, who managed the common lands of the parish, and accounted yearly for them. they made disbursements for many parish expenses which elsewhere churchwardens usually paid out (_e.g_., for bridges, houses of correction, poor prisoners, armor and musters), yet were themselves distinct from the churchwardens. see _surtees soc_., xcv, i ff. cf. the bridge wardens of loughborough, leicester (w.g.d. fletcher, _hist. of l_., 1883, pp. 40 ff). also the townwardens of melton mowbray, _leicester archit_. (etc.) _soc_., iii, 61-2, _note_. [217] hudson, _memorials_, etc., 88. [218] that is (apparently) holdings returning â£4 of rent annually. [219] pasture. [220] _surtees soc_., lxxxiv, 15. [221] editor's (mr. barmby's) introd., _ibid_., 4. [222] (dean) g.w. kitchen, the manor of manydown, _hants rec. soc_., 1895, 171. for other examples both of parish cows and sheep: see hale, _crim. prec_., 221 (40 parish sheep of billericay, essex, for the relief of the poor. 1599). littleton, worcestersh. acc'ts, _midland antiquary_, i (1883), 107 (purchase of cow for parish in 1556). _ibid_., 108 (wintering of a church heifer). morton, derbysh., acc'ts, _the reliquary_, xxv, 17 (same as above. 1593). owen & blakeway, _hist. of shrewsbury_, ii, 342 (st. mary's had in 1544 ten cows and three sheep renting for â£1 1s. 8d. yearly). rotherfield acc'ts, _sussex arch. coll_., xli, 26, 46. st. michael's, bath, acc'ts, _somerset arch_. (etc.) _soc_., xxiii, introd., _et passim_. great witchingham, _norf. and norw. arch. soc_., xiii, 207 (cows in 1604). hartland, devon, acc'ts, _hist. mss. com. rep_., v, pt. i (1876), 573a (custom _circa_ 1601 for poor to leave sheep to church by will). hudson, _memorials_, etc., 106-10 (parish meeting about renting out of cows. surety bonds given by hirers in 1580 ff.). many other examples will be found in the wardens acc'ts and elsewhere. [223] see hudson, _op. cit., supra_, 106. in 1595 two cows were bequeathed to lapworth to be rented out at 20 d. yearly. the proceeds of one to mend a certain parish road, of the other to support the poor (_ibid_., 109). [224] art. xxv, cardwell, _doc. ann_., i, 189 ff. so in the visitation articles of the same year (_ibid_., 213) we read: "item, whether the money coming and rising of any cattle or other movable stocks of the church [etc.] ... have not been employed to the poor men's chest." [225] in north elmham the term "office land" seems to have been used for lands set apart for the remuneration of parish servants. see a.g. legge, _north elmham acc'ts_, 81, _s.a._ 1566: "it[e]m for office land of the ten[emen]te fost[er] ... vij d." cf. mr. legge's _note_ (p. 129). he cites other examples in norfolk parishes, viz., "constable acre" in stuston, "constable pasture" in fralingham, "dog whipper's land" in barton turf. cf. j.l. glasscock, _records of bishop stortford_, 55 ("sexten's meade," 1563). in an early year _temp_. henry viii one jesop left two tenements to mendlesham, suffolk, "to ye fyndyng of a clarke to pley att ye organys for a p[er]petuite." _hist. mss. com. rep_., v, pt. i (1876), 596a. see also _shrop. arch. and nat. hist. soc_., iii, 3rd ser. (1903), 315 (26s. and 8d. and 12 bushels of rye issuing annually out of idsal rectory for the poor and the maintenance of a clerk). e. freshfield, _st. christopher-le-stocks' acc'ts_, 38 (bequest of a perpetuity of 20s. annually for clerk and sexton. 1602). [226] swyre, dorset, parish acc't book in _notes and quer. for somer. and dorset_, iii (1893), 293 (lands allotted by parish for support of a blind man). [227] _e.g., st. christopher-le-stocks' acc'ts_, 38 (yearly perpetuity of â£3 4s. in bread and money to poor. 1602). _st. michael's in bedwardine acc'ts_, 99 (house left to parish, 12s. of whose rental to go to poor, and 1s. to the churchwardens. 1590). [228] butcher, _parish of ashburton_, 46 (land given to buy shirts and smocks for the poor. 1575). [229] t.p. wadley, _notes on bristol wills_ (1886), 230 (â£20 for a stock of money to remain for ever "in the howse of correction" for the maintenance and "settinge on work of such people as shalbe therevnto co[m]mitted for their mysdemeanors." _thos. kelke's will_. 1583). [230] _wills and inventories_, pt. ii, _surtees soc_., xxxviii, 83 (keyper school of houghton and its endowment of â£240. 1582). [231] examples among many are the edenbridge, kent, lands. these bridgewardens held lands in three parishes. _arch. cant_., xxi (1895), 110 ff. also burton's charity lands at loughborough. the "bridgmasteres" here in 1570 collected â£33 18s. 6d., and disbursed â£16 12s. 11d. fletcher, _hist. of loughborough_, 41-2. also hayward bridge lands, _notes and quer. for somer. and dorset_, iv (1895), 205-7. [232] legge, _north elmham acc'ts_, 87-90. so too at eltham, kent, where the "fifetene peny lands" have special wardens who account for their revenue. _archaeologia_, xxxiv, 51 ff. [233] _statutes of the realm_, iv, pt. ii, 968-9. [234] cardwell, _doc. ann_., i, 189 ff. [235] dr. pilkington's will, _surtees soc_., xxii, append., p. cxxxviii. for a few other examples of bequests for parish utilities see _ibid_., p. ciii (george reyd's will, 1559). _ibid_., p. cx ff. (william birche's will of 1575 in which are many bequests to poor artificers, to prisoners--a very frequent bequest--to "needfull briggs or highe waies," etc.). see also _benefactions to dorset parishes, churches_, etc., in _notes and quer. for somer. and dorset_, x, 164 ff. also t.p. wadley, _notes on bristol wills, passim (e.g_., thos. kelke's will of 1583, on p. 230. he leaves â£13 to newgate prisoners, a frieze gown to 12 women and 12 men--a frequent bequest--6s. 8d. each to 52 poor maidens for their marriage, etc.). also _wills and inventories, surtees soc_., xxxviii, pt. ii, _passim_. surrey wills in _surrey arch. coll_., x (1891), _passim_. [236] _the crie of the poore for the death of the right honourable earle of huntington_ (printed 1596), joseph lilly, _a collection of seventy-nine black-letter ballads and broadsides_, 1559-1597 (1870), 230. [237] _ibid_., 263. [238] _the poore people's complaynt, bewayling the death of their famous benefactor, the worthy earle of bedford_ (died 1585). bedford was described as "a person of such great hospitality that queen elizabeth was wont to say of him that he made all the beggars." clark, _shirburn ballads_, 256. [239] j.c. cox, _three centuries of derbyshire annals_, i, 136. [240] e. freshfield, _st. bartholomew, exchange, acc'ts, s.a_. 1598, _et passim_. freshfield, _st. margaret, lothbury, vestry book_, 32 (1595). _st. margaret's, westminster, overseers' acc'ts_ in _the westminster tobacco box_, pt. ii (1887), _e.g., s.a_. 1572-3, where we find donations from lord burghley, the lord chief justice, the dean of westminster, the earl of derby, the earl of hertford, etc. [241] though by 37 hen. viii c. 9, sec. 3 (_stats. of realm_, iii, 996) interest up to 10 per cent. per annum was permitted, all interest was prohibited by the 5 & 6 ed. vi, c. 20, sec. 2 (_stats. of realm_, iv, pt. i, 155). interest is here dubbed usury, "a vice most odyous and detestable." interest up to 10 per cent. was, however, again made lawful by the 13 eliz. c. 8, sec. 4 (_stats. of realm_, iv, pt. i, 542) which, however, stigmatizes usury as sinful. [242] examples are, _vestry minutes of st. margaret, lothbury_, 32 (gift of â£20 in 1595 to be employed in wood and coal for the use of the poor. a committee of four was appointed to invest and make sales. see their account for 1596, p. 34). _the westminster tobacco box_, pt. ii, 22 (one of the overseers of st. margaret's to keep a gift of â£42 "untill the same may be bestowed upon somme good bargaine as a lease or somme other such like commoditie w[hi]ch may yeelde a yerely rente to the pore." 1578). cf. _st. bartholomew, exchange, acc'ts books_, 3 ff., where in 1598, and regularly in subsequent years, appears the item: "alowed to this account for the geft of the lady wilfordes xx li for the pore xx[s]." also another item, likewise of 20s. yearly, on mr. nutmaker's â£20--in other words, 10 per cent. in each case every year. cf. jas. stockdale, _annals of cartmel_ (lancashire, pub. 1872), 37-8 (â£65 6s., money belonging to cartmel grammar school "placed" in the hands of various persons, some of whom give pledges, others mortgages, for repayment. the revenue from this is â£6 10s. 7d., _i.e._, 10 per cent. in 1598). in 1613, in allowing the overseer's accounts of swyre, dorset, the local justices indorse: "upon this condition that from henceforth the overseers and churchwardens do yearlie charge themselves with the some of xxs. for thuse of a stocke of xli [_i.e._, 10 per cent.] giuen to the poore by the testam[en]t of james rawlinge." the practice above illustrated is simply that enjoined by 18 eliz. c. 3, amended and completed by 39 eliz. c. 3 and 43 eliz. c. 2, with an object of making the poor administration self-supporting as far as might be. the fact that elizabethan poor laws were based on the best-approved parish customs made them perdurable. for a model administration of parish stock according to the poor laws see the cowden overseers acc'ts, _sussex arch. coll_., xx, 95 ff. (1599 ff.). [243] _e.g._, in st. michael's in bedwardine (_acc'ts_ ed. john amphlett) one stanton left 50s. to the poor in 1588 (_acc'ts_, p. 97-8). robt. chadbourne paid 5s. for the use of this money for several years (_acc'ts_, p. 108, etc.). it then was loaned to john brayne, an entry being made from time to time that the principal was owing as well as the interest (_acc'ts_ p. 108). brayne paid the 50s. to the wardens in sept., 1595. cf. preceding note (cartmel school money). [244] _st. michael's in bedwardine acc'ts, supra, 96_ (one fletcher loaned 30s. in 1586, he depositing with the wardens "a gilt salt with a cover"). for numerous gratuitous loans of parish money, see the mere acc'ts, _wilts arch. and nat. hist. mag_., xxxv (1907), _passim_. cf. also the document of 1586 relating to the parish of heavitree, in _devon notes and quer_., i (1901), 61, where it is stipulated (_inter alia_) that if any parishioner of good character upon reasonable cause shall desire to borrow from any surplus funds of the church for a season, "such a one shall not be denyed." [245] see _wilts arch. mag_., xxxv. cf. j.e. foster, _st. mary the great_ (cambridge) _acc'ts_ (1905), 208. [246] in 1564 the parishioners of chagford, devon, bought from the lord of the manor for â£10 the local markets and fairs, subject to a yearly rent of 16s., which they had always paid as tenants. they then repaired and enlarged the market house. presumably their venture was a profitable one, for in 1595 the revenue from these markets and fairs was â£3 10s. g.w. ormerod in _devon assoc. for adv. of science_, etc., viii (1876), 72. same, _local information reprinted from the chagford parish mag_. (1867) in _topographical tracts_ in brit. mus. as it was sometimes hard for the authorities to prevent the churchwardens from utilizing the church for plays, so it was hard for them to keep the wardens from giving up the churchyard or outlying portions of the church structure for fairs and stall-holders. in herts co. rec. quarter sess. rolls (ed. w.j. hardy, 1905), p. 13, we read, _s. a_. 1591-2, that a presentment was made that some part of the "fayer of starford has usually been kept within the compase of the churchyard." see also _st. edmund and st. thomas, sarum, acc'ts_ (ed. h.j.f. swayne, _wilts rec. soc_. 1896), introd., p. xxiii (st. edmund's fair held within and without the churchyard. wardens receipts from cheesesellers, butchers, etc., for stalls and standings). [247] as late as 1633 the bishop of bath and wells could write to archbishop laud: "i finde that by church-ales hertofore many poore parishes have cast their bells, repaired their towers, beautified their churches, and raised stocks for the poore." wm. prynne, _canterburies' doome_, etc. (1646), 151. cf. philip stubbes, _anatomie of abuses_ (4th ed., 1595), 110-11. _spudeus:_ "but, i pray you, how do they bestow that money which is got thereby?" [_i.e._, by church-ales]. _philopomus:_ "oh well, i warrant you, if all be true which they say; for they repaire their churches and chappels with it; they buy bookes for service, cuppes for the celebration of the sacrament, surplesses for sir john [_i.e._, the parson], and such other necessaries. and they maintaine other extraordinarie charges in their parishes besides." [248] bath and wells to canterbury, prynne, _supra, loc. cit_. in 1536 at morebath, devon, the parish agreed that the clerk should gather his "hire meat" (_i.e._, so much corn of each one) at easter, "& then ye p[a]rysse schall helpe to drenke him a coste of ale yn ye churche howse." j.e. binney, _morebath acc'ts_ (1904), 86. when in 1651 at st. thomas', salisbury, clerk-ales were abolished, "both the clerk and sexton claimed compensation for the loss of income sustained." the same was true of st. edmunds' (in the same city) in 1697. swayne, _st. edmund and st. thomas acc'ts_, introd., p. xvii. [249] stubbes, _anatomie_, etc., 110. the above account of church-ales has been derived partly from stubbes and from a curious little pamphlet, edited by rev. fredk. brown in 1883, entitled _on some star chamber proceedings_, 34 _eliz_. 1592; partly, also, from many churchwardens acc'ts, in particular the seal acc'ts in _surrey arch. coll_., ii (1864), 34-6 (see items in detail for the ale of 1592, and especially the ale of 1611. expenses for all manner of provisions and delicacies, for minstrels and evidently, too, for a play occur. in 1611 the festivities lasted at least 5 days). cf., too, the _expenses of the maye feast_ at dunmow in 1538 (cooks, minstrels and players mentioned), _essex arch. soc_., ii, 230. also kitchen, _manor of manydown_, 172-3 (lists of delicacies provided at the wootton ale in 1600. expense items for lords' and ladies' liveries, players, etc.) [250] the parish of chagford in _devon ass. for adv. of science_, viii, 74. [251] _wilts arch. mag_., xxxv (1907), mere acc'ts, 30. these have been transcribed verbatim by mr. t.h. baker. [252] _op. cit_. because of greatly increased expenses the wardens here thenceforth resorted to collections according to a book of rates. they also devised other means of income, such as parish burial fees, collections for the holy loaf (_i.e._, blessed but not consecrated bread), etc. this casting about for new sources of revenue was characteristic of all parishes as the reign advanced. [253] _op. cit_., 26. [254] _op. cit_., 92. [255] in 1605 and 1606, doubtless to meet some extraordinary expenses, the mere wardens roused themselves to great efforts at their church-ale, and netted â£15 6s., and â£20 respectively. sir rich. colt hoare, _hist. of modern wiltshire_ (1822), i, 21. [256] kitchen, _manor of manydown_, 174. at this ale there were six tables and the receipts from each were tabulated separately. for other large receipts see the wing, bucks, acc'ts, _archaeologia_, xxxvi, 219 ff. in 1598 the ale here yielded â£9 16s. 4d. at morebath, a small and poor parish, an ale had produced â£10 13s. 5d. in 1529. but the receipts from this source fell off here in elizabeth's time. at stratton, cornwall, up to 1547, at any rate, if not later, ales were the chief source of income. _archaeologia_, xlvi, 195-6. [257] _devon notes and quer_., iii (1905), 224. cf. the young men wardens' ales at morebath (binney, _morebath acc'ts_, 213 [1573], _et passim_). also st. anthony's gild ales at chagford. _devon ass. for adv. of science_, viii, 74 (1599). various persons at milton abbot sold ale and bread. _op. cit_., vol. xi (1879), 218. [258] _notes and quer. for somer. and dorset_, v (1897), 48. the same year in these acc'ts we find three conduit wardens mentioned. these are to have "the assistance of william ellis plomer [plumber]." of them it is also determined that they "do kepe an alle for the comodetie of the [transcriber's note: word illegible] dytts in the sayd towne to be kept abowts the tyme of shrofftyde," [transcriber's note: word(s) illegible] just before lent. [259] butcher, _the parish of ashburton_, 41. it would seem that there were special wardens here for ale drawing. (see p. 44 [1570-1].) [260] _archaeologia_, xxxvi, 235. [261] "and because john watts hath ben long sick, hit is agreed that if hee be not able to s[e]rve at the tyme of the church ale, that then john coward ... shall s[e]rve and be king in his place for this yeare." mere acc'ts (_wilts arch. mag., l.c_., 34) _s.a._ 1561. cf. j.h. matthews, _history of st. ives_ (1892), 144, _et passim_. [262] bishop hobhouse, _churchwdn's acc'ts of croscombe, pilton_, etc., _somerset rec. soc_., iv (1890), 80, where he says: "the [yatton] wardens attended these festivals at ken, kingston, wrington, congresbury, etc., with more or less regularity, making their contributions, commonly xijd. in the name of the parish and at the cost of the parish ..." cf. _morebath acc'ts_ (ed. binney), 224: "it there was payd a trinite sonday at the churche ale at bawnton [bampton] for john skynner ... xjd." (1565). mere acc'ts (_wilts arch. mag_.), 60: "item paied for bread and drink to make the sum[m]er lord of gillingham drink ... ijs. vjd." (1578-9). t. nash, _hist. and antiq. of worcestershire_, ii, appen., p. xxix (halesowen acc'ts: "paid when we went to frankley to the church ale 20d."). [263] see the precedents given for the western circuit in prynne, _canterburies' doome_, 152. cf. also, _ibid_., 128 ff. that these ales died hard in devon and somerset is seen by the repeated judicial orders. see also j.w. willis bund, _social life in worcestershire illustrated by the quarter sess. rec_. in _assoc. archit. soc_., xxiii, pt. ii (1897), 373-4 (1617). a.h. hamilton, _quarter sessions from elisabeth to anne_ (1878), 28-9. harrison, _descrip. of engl_., bk. ii, new shak. soc., 32. saml. barfield, _thatcham, berks, and its manors_, ii, 105 (wardens acc'ts 1598-9: "item wee were bounde over by mr. dolman, justice, to appeare at reading assizes, where it cost t.. l.. and r.. c.. conserning our business wee kept at whitsuntide xvs. apece, somme xxxs.") [264] hale, _crim. prec_., 149 (hornchurch wardens bringing players into church. 1566). _ibid_., 156 ("tromperie" and "paynted stuff for playes in the chefe parte of the [rayleigh] church." 1574). _ibid_., 158 (two plays in romford chapel by "comon players." wardens plead in extenuation that proceeds went to "a poore man in decay." 1577). leverton, lincolnshire, acc'ts, _archã¦ologia_, xli, 333 ff. (several examples of plays in the church. 1579-95). [265] in the chelmsford acc'ts, _essex arch. soc_., ii, 225-6 (1562), is a most interesting inventory showing an elaborate stage outfit. that it was used for miracle plays is seen on p. 227 (" cotte of lether for christe," and "lyne for the clowdes," etc.). from various towns the chelmsford men received in 1563, and subsequently, large sums for the hire of these properties, e.g., â£3 6s. 8d. from "starford" (bishop stortford?); 43s. 4d. from colchester. [266] examples are thos. north, _st. martin's, leicester, acc'ts_ (1884), 80 (children's morris-dance. 1558-9). ibid., 85 (robin hood play). st. helen, abingdon, acc'ts, _archã¦ologia_, i (2d ed.), 15 (1560). j.h. baker, _notes on st. martin's_ (salisbury) _church and parish_ (1906), wardens acc'ts, 153 (whitsun dance in 1588 yielding 13s. 4d.). _st. edmund and st. thomas, sarum, acc'ts_, introd., p. xvii. also both acc'ts, _passim_ ("feast of hokkes," "childrens daunse." at st. edmund's â£3 12s. collected in 1581 [p. 131]; at st. thomas' same year â£3 6s. 8d. [p. 291]). t.n. & a.s. garry, _st. mary, reading, acc'ts_ (1893), 28-9, et passim (whitsuntide and hocktide money here drop out as early as 1575. there was also here a christmas gathering). [267] examples: wandsworth acc'ts in _surrey arch. coll_., xvii (1902), 158 (1567-8). john nichols, _illustrations of the manners etc. of antient times_ (1707) (great marlow, bucks, acc'ts, 135. 1612), etc. [268] _wilts arch_. (etc.) _mag., loc. cit_. (mere acc'ts: brass crocks in inventory of 1584). chagford acc'ts in _devon ass_. (etc.), 74. binney, _morebath acc'ts_, 132. a.e.w. marsh, _history of caine_, 368 (church furnace, 1529. wardens expenditures for sowing church lands, mowing them, and carrying the corn and storing it in the church-house). _the antiquary_, xvii, 169 (stanford, berks, acc'ts, _s.a._ 1569: laying corn in church-house, and making malt there). _morebath acc'ts_, 132 (spits put up in the church-house). [269] morebath acc'ts, 142 (church stock-taking), mere acc'ts _(wilts arch_. (etc.) _mag. loc. cit_.), 32, 37, 54, etc. chelmsford acc'ts, 217 ("xv dozen pewter & ix peces," and rent of it owing to church. 1560). [270] st. john's, glastonbury, acc'ts, _n. and q. for som. and dor_., v, 94, _s.a._ 1588 (selling ale in church-house). tintinhull acc'ts, _somer. rec. soc_., iv, p. xxii ("the chief source of income [church-house] at t[intinhull] and elsewhere to the end of the 16th century,") stratton acc'ts, _arch_., xlvi, 198. _bristol and glouc. arch. soc. tr_., vii (1882-3), 108 (tenement donated 1532 to northleach known as "the churche taverne." it was rented out, but on the condition that the lessee should "permit the towne to have the use of the same one month at whitsontyde"). of the stratton church-house we are told that men were fined (in 1541) for drinking ale there, because the drinking was not for the profit of the parish. _arch., loc. cit., supra_. [271] _stanford acc'ts, loc. cit., s. a_. 1595. _stratton acc'ts, loc. cit_., 198. [272] thus at calne (wilts) in 1574-5 no church-ale was had, but a gathering in lieu of it was made from the parishioners. ales and collections thenceforward alternated here, until church rates were established. marsh, _history of calne_, 372. [273] see, _e.g_., thos. north, _st. martin's leicester, acc'ts_, 98, where the times of collection are named. [274] see, among others, ludlow acc'ts, _shrop. archit_. (etc.) _soc_., iii, 127 (1567), where the name occurs. also st. edmund's, sarum, acc'ts, _wilts rec. soc_. for 1896, p. 141 (1592). [275] _e.g._, at st. edmund's, sarum, or at st. martin's, leicester. [276] see, _e.g_., j.e. foster, _st. mary the great_ (cambridge) _acc'ts_, 148 ff. offerings of the masters of arts and of the bachelors form a distinct feature here. [277] see pp. 41 ff. and 59 _supra_. in the _morebath acc'ts_ (ed. j.e. binney, p. 178) we read, _s.a._ 1553-4, as a heading to the receipt items: "now to pay y'e forsayd dettis & demawndis y'e schall hyre of all our resettis y't we have resseuyed, & how gentylly for y'e moste p[ar]te men have payd of there owne devoc[i]on w[i]t[h] out ony taxyn or ratyng as y'e schall hyre here after." then follows a list of 30 names. there is evidently some sort of rough assessment here, _e.g_., nicholas at hayne pays 4s. 9d., "consyderyng hys bothe bargayns" _(i.e_., small farms). cf. _st. edmund and st. thomas, sarum, acc'ts_, p. xviii and p. 317. [278] five years later, the vicar dead, the clerk was ordered to assist the wardens in receiving the 'paskall pence' whether paid at easter or at any other time of communion. hill and frere, _memorials of stepney parish_, 4-5 and 13-14. [279] ordered by st. edmund's, sarum, vestry in 1628: "that the bread and wyne for the communion shalbe paid for by the auncyennt paymentt of the halfepence, and yf it shall com[e] to more ... jt shalbe supplied out of the rest of the mony given after the co[m]munion." _st. edmund and st. thomas acc'ts (wilts rec. soc.)_, 187. [280] these levies were 2-1/2d. on each householder at st. margaret, lothbury, london; 3d. a house at st. lawrence pountney, london (_history of st. laurence pountney_, by h.b. wilson [1831], 125 ff.). etc. at salehurst, sussex, the fee was 1d. a poll yearly, heads of households being empowered in 1585 to abate that sum from their servants' wages: _sussex arch. coll_., xxv, 154. at pittington, durham, landlords were to answer for their cottagers for a yearly fee of 2d.: _surtees soc_., lxxxiv, 29 (1590). cf. _ibid_., houghton-le-spring acc'ts, 269. leverton, lincoln, acc'ts, _archã¦ologia_, xli, 368 (a penny a poll for the elements. 1612). in the abbey parish church estate acc'ts, shrewsbury, every "gentleman" is to pay 6d. yearly to the wardens for bread and wine; "the second sorte" of the parishioners 4d. each; "the third or weaker sorte," each 2d.: _shrop. arch. soc_., i, 65 (1603). [281] see great yarmouth acc'ts, _east anglian_, iv (1892), 67 ff. (an item for purchase of 1000 tokens. 1613-14). also _st. margaret, lothbury, vestry minute books_, 14 (1584). also _archã¦ologia eeliana_, xix (1898), 44 (ryton, durham, book of easter offerings. 1595). [282] _st. edmund and st. thomas, sarum, acc'ts_, 288 (muscatel and claret). _abbey parish church estate acc'ts_, 62 (same). _st. martin's, leicester, acc'ts_ (ed. thos. north), 100 (malmsey and claret). [283] rubric ⧠144 of the first edwardine prayer book directs that as ministers are to find the elements, the congregations are to contribute every sunday at the time of the offertory the just value of the holy loaf. see e. freshfield, _st. christopher-le-stocks vestry minute book_, p. vii, _et passim_. stanford, berks, acc'ts, _antiquary_, xvii, _s.a._ 1582 (2d. collected every sunday for holy loaf). mere acc'ts (_wilts arch_. (etc.) _mag_., xxxv, 38), _s.a._ 1568, _et passim_. [284] j.v. kitto, _st. martin's-in-the-fields_ (london) _acc'ts_, append. d., vestry order of 1590. parish order of salehurst (1582), _sussex arch. coll_., xxv, 153. st. margaret's, westminster, overseers acc'ts in _westminster tobacco box_, pt. ii, 18 (1566). [285] _e.g._, at st. laurence pountney, london, the "clerk's wages" amounted in 1598 to nearly â£30 in the wardens receipt items, but in the expense items to â£8 plus various dues for lighting, bell-ringing and church-linen washing, in all â£12 12s. wilson, _history of st. laurence_, 125. in the _st. christopher-le-stocks acc'ts_ (ed. e. freshfield), p. 4, the receipts in 1576 for "clarkes wagis" are â£9 6s. 5d., but we read: "pd. to j.m. clarke his whole yeares wagis [etc.] ... iij li." in _st. margaret, lothbury, vestry minutes_ (p. 13) it was decided in 1581 to raise the "clarkes rolle" to â£8 a year, but expressly stated that the clerk is to be paid as before, "but that [the] overplus shall remayn for astocke to the churche to beare owtt such charges as shalbe nessesarye for the same." in _st. bartholomew, exchange, vestry minutes_ (ed. e. freshfield) in 1583 it is agreed (p. 27) that the clerk is to pay out of his wages the statutory assessment of 2d. weekly on the parish for maimed soldiers and mariners. same stipulation at st. alphage's, london wall: g.b. hall, _records of st. alphage_ (1882), 25 (1594). [286] _st. mary, reading, acc'ts_ (ed. f.n. & a.g. garry), p. 56. [287] hill and frere, _memorials of stepney_, 1-3 (1580). later, 1606 (p. 50), the same method was employed to pay debts for casting the bells. those not paying their assessments were to be deprived of their seats (p. 4). other examples of raising money by pew rents are butcher, _parish of ashburton_, 49 (â£6 4s. collected "for the seat rent". 1579-80). _st. christopher-le-stocks vestry minutes_, 71 (clerk's wages to be "sessed by the pyews"). [288] baker, _mere acc'ts (wilts arch_, [etc.] _mag_.), 33 (12d. for seats for a man and his wife, "which before were his ffather's." 1561). in a sale to a parishioner in 1556-7 it is expressly stated that she is to hold the seat during "here lyfe accordynge to the old usage of the parishe": _ibid_., 24. at st. edmund's, sarum, the sale was sometimes for life, sometimes for a lesser period. a fine was paid for changing a pew, _introd_., p. xxi. cf. order made at chelmsford in 1592, _essex arch. soc_., ii, 219-20. see in st. john's, glastonbury, acc'ts, _notes and quer. for somer. and dor_., iv, 384, _s.a._ 1574, and _op. cit_., v, _s.a._ 1588, many receipts from the sale of seats. cf. pittington vestry order, 1584, _surtees soc_., lxxxiv, 13. _st. michael's in bedwardine acc'ts_, introd., p. xvi. fletcher, _history of loughborough_, acc'ts, 24 ff. [289] see, _e.g_., in _st. martin-in-the-fields acc'ts_, 214, the long list of receipts "for burialls, knylles and suche lyke," _s.aa_. 1563-5. at st. edmund, sarum, burials with christenings and banns netted â£8 5s. 2d. in 1592-3 (_acc'ts_, 141). at kingston-upon-thames in 1579 burials totalled 39s. 8d.: _surrey arch. coll_., viii, 75. in _st. michael's, cornhill_, london, _acc'ts_ (ed. w.h. overall & a.j. waterlow), 178-9, the receipts from knells and peals alone were 44s. 8d. in 1589-90. [290] j.v. kitto, _st. martin-in-the-fields acc'ts_ (1901), 106, _note_. [291] one of the most systematic tariffs i know of is that of st. alphage, london wall (g.b. hall, _records of st. a_., 28-30) drawn up in 1613. first there are _the parson's dutyes for parishioners_, for bann-askings, weddings, churchings, etc., as well as a percentage on offerings. then the burial fees due him, without or with a coffin, in churchyard or in church, etc. then comes the heading, _the dutyes belonging to the parrish for parrishioners_, a catalogue of fees for burial under various conditions. then follow _the parrishe's dutyes for the bells_ (knells, peals, with small or large bells). finally, _the clarke his dutyes for parishioners_ (bann-askings, weddings, churchings, grave digging, tolling the bells for funerals in various ways, and on specified occasions, etc.). all the above fees are doubled in case of non-parishioners. see also the salehurst tariff of 1597, most comprehensive and minute also: _sussex arch. coll_., xxv, 154-5. also parish order in _st. martin's, leicester, acc'ts_ (ed. thos. north), 19 and 128, _s. aa_. 1570-1 and 1584-5, as to duties for bells. these are regulated according to the rank of the person. _st. margaret, lothbury, vestry min., 2_ (order regulating fees for "weddinges, cristeings, churchinges and berrialls" of 1571). see also the tariff of st. edmund, sarum (_acc'ts_, 194), of 1608. for receipt items for palls in the acc'ts, see _st. martin's-in-the-fields acc'ts_, 317 (1580), where "best cloth" nets 20d. on each occasion, the "worst" but 2d. see also stepney vestry regulation of 1602 concerning fees to be paid for palls: _memorials of stepney_, 41-2. for expenses for making parish coffins see _st. martin's-in-the-fields acc'ts, s. a_. 1546. cf. _st. edmund and st. thomas, sarum, acc'ts_, introd., p. xx. _st. helen, bishopsgate, acc'ts_ (ed. j.e. cox), 103 (ordinance of 1564 that those buried within the church are to be confined). also the other acc'ts _supra_. at st. edmund, sarum, the wardens sold tombstones for the benefit of the parish (_acc'ts_, 135. 1587-8). [292] _memorials of stepney_, 39-40. [293] see w.g.d. fletcher, _hist. of loughborough (acc'ts)_, 24: an order regulating fees for marriage peals in 1588. in _st. edmund, sarum, acc'ts_, 127, are receipt items, being money turned over to the wardens by the sexton, for banns, christenings, etc. cf. _introd_. to _st. edmund and st. thomas, sarum, acc'ts_, p. xix. cf. also _st. laurence pountney acc'ts_ (wilson, _hist. of st. l_.), 124 (a marriage offering going to the parish. 1582). usually marriage and churching dues went to minister and clerk (see tariffs, p. 221 _supra_). chrisoms, _i.e._, white robes put on children when baptized, and given as an offering at churching, occasionally figure in the wardens' receipt items. see, _e.g_., j.e. foster, _st. mary the great_ (cambridge) _acc'ts_, 156 (1565-7), _et passim. st. thomas, sarum, acc'ts_, 282 (chrisoms farmed out by the parish in 1562-3. in 1567-8 the value of the chrisom offerings is 40s.). see _introd_. to _st. edmund and st. thomas, sarum, acc'ts_, p. xix. [294] see p. 27 _supra_. also p. 35 _supra_. [295] _provision for the poore now in penurie out of the store-house of gods plentie, explained by_ h. a[rth], london, 1597 (no pagination). "wednesday suppers" refers to fasting nights appointed by proclamation or by statute. a not uncommon entry in the act-books is "no levy of the fyne of 12d." see, _e.g., manchester deanery visit_., 57, _et passim. barnes' eccles. proc_., 119, _et passim_. hale, _crim. prec., passim_. cf. in _bishop stortford acc'ts_ (j.l. glasscock, _rec. of st. michael, b. s_.), 64, the rubric: "rec. of defaultes for absence" (9 names follow, each for 12d., except one for 3s.). _dean of york's visit_., 215 (hayton wardens report to commissary that they have a small sum from absentees yet undistributed to the poor: "but it shalbe shortlie". 1570). [296] see examples in note 32, pp. 19 _supra_. [297] _warrington deanery visit_., 189 (penance of three days standing in white sheet for fornication commuted--the offender "_humiliter petens_"--to 13s. 4d. to be paid to vicar and wardens of ormschurch to be distributed to poor, etc.). hale, _crim. prec_., 232-3 (commutation of a penance for having a bastard into â£5 to be paid for the repair of st. paul's, london, and also into 34s. 4d. to be paid to wardens of horndon-on-the-hill for the poor. 1606). see also _chelmsford acc'ts_, 212 (20s. received in 1560 "toward the pavynge of oure churche for part of his penance"). _abbey parish church estate acc'ts, s. a_. 1578 (20s. received for a "purgation" to go to parish poor and to church). [298] for some interesting receipt items see _the westminster tobacco box_, pt. ii, _overseers acc'ts_, 18 ff. (fines in 1569 from a player beating a drum in service time; for selling coals on candlemas day; for selling wood on sunday; for driving a cart on that day, etc. in 1570 fines are received for retailing during service time, from proceeds of forfeitures of pots and dishes, etc., etc.). wandsworth acc'ts, _surrey arch. coll_., xviii, 146 (receipts for 1599 from fines for bricklaying on sunday; for being in ale-house at service time--a number). [299] see john hawarde, _les reportes del cases in camera stellata_. 1593-1609 ed. w.p. baildon (1894), _passim. e.g_., p. 91 (offender fined â£10 to use of poor for not laying sufficient ground to his cottages). _ibid_. (ed. framingham, of norfolk, fined â£40 to use of poor for same offence. oct. 14th, 1597). _ibid_., 71 (council commend a justice of the peace for condemning a wilts engrosser to sell his corn to the poor 8d. under the price he paid for it). [300] some examples taken from many are north, _st. martin, leicester, acc'ts_, 119 (agreement in 1571 by mayor and brethren to fine one refusing to be warden for the first year 10s. to the use of the church). _ibid_., 142 (this fine raised in 1600 to 20s.). _st. edmund and st. thomas, sarum, acc'ts, introd_., p. xi, and _st. edmund's acc'ts_, 121, 129. _mere acc'ts, 26_ (parish order of 1556-7). _st. margaret, lothbury, minutes_, 33 (an offer from a parishioner in 1595 of â£10 for church repair, "condicynellie that the parish wowld dispence with him for the church warden, officers and cunstable..."). _ibid_., 36 and 45 (two parishioners each pay â£10, being exempted thereafter "from all services as constableshipp, churchwarden, syde men and any other offices whatsoever that the parish myght ... hereafter impose uppon them...". 1607). _memorials of stepney_, 44 (fine for not attending vestry. 1602). _clifton antiq. club_, i (1888), 198 (40d. fine for absence from st. stephen's, bristol, vestry, 1524. for other fines, see _ibid_.). _clifton antiq. club_, i, 195 (same fine for absence from st. thomas', bristol, vestry. 1579). _st. margaret, lothbury, minutes, passim_ (fines for not accounting on a certain day, and for not auditing accounts). [301] examples are found in w.f. cobb, _st. ethelburga-within-bishopsgate_, london, _acc'ts_, 5 (10s. received of a schoolmaster allowed to keep school in the belfry. 1589). _ibid_., same p. ("receaved of the owte cryar for a quarters rente for settynge of goodes at the churche doore ... iiis. iiijd..." 1585). the canons of 1571 forbid this practice: "_non patientur [sc_. the wardens] _ut quisquam ex ... istis ... sordidis mercatoribus ... quos ... pedularios_ [peddlars] _appellant, proponant merces suas vel in coemeteriis vel in porticibus ecclesiarum_ [etc.]...", cardwell, _syn_., i, 124. st. michael's, lewes, acc'ts, _sussex arch. coll_., xlv (1902), 40, 60 ("recd for sarttayn standyngs agaynst the cherche at whytson fayar xvd." 1588). similar items to the last are found in many accounts. see also _st. mary the great_, cambridge, _acc'ts_, 215 (receipt items "for the chirch style before his house"; for the rent of the "p[ar]ishe ground wherevpon his chymney standythe". 1588). _ibid_., 203 ("yt ys also agreyd that goodman tomson shall from hence forthe paye vnto the p[ar]yshe for hys byldynge into the churche yarde 12d. by the yeare." 1584). [302] thus in 1561 kingston-upon-thames church sold brushwood growing upon its land for â£14 7s. 8d.: _surrey arch. coll_., viii, 77. in 1573 the wardens of st. michael's in bedwardine _(acc'ts_ ed. john amphlett, p. 74) brought a suit for the value of eight trees sold to one lode, alleging that the defendant had promised to pay the price "for the reparacions of the ... church and reliff of the pore..." [303] for the form and wording of such a licence see parish registers and documents of kingston-upon-thames, etc.: _surrey arch. coll_., ii (1864), 92 (1591). the fee according to royal proclamation was 6s. 8d.: _st. margaret, lothbury, vestry minutes_, 9. for receipts from this source see _st. ethelburga-within-bishopsgate acc'ts_, 5, _et passim_, as well as the other london acc'ts already cited. cf. cardwell, _doc. ann_., i, 370-2, for council's letter to the archbishop of canterbury on the observance of ember days and lent. [304] _e.g._, see in _st. mary the great_, cambridge, _acc'ts_, 227-9 and 240-2, long lists of persons from all parts of england who contributed in the years 1592-4 towards the rebuilding of st. mary's steeple. a host of proctors licenced under the broad seal, or by the justices of the peace, or otherwise, went from parish to parish soliciting contributions for churches, alms-houses, hospitals, etc. they seem to have entered parish churches at service time and disturbed or annoyed the congregations. this probably led to the parish order of mere, wilts _(mere acc'ts_, p. 80, in _wilts arch_. [etc.] _mag_.), which in 1585 forbade such persons going about the parish or entering the church, but enjoined them all to repair to the mere churchwardens for contributions to be given at the expense of the parish. [305] at winsham, somerset, a document was drawn up in 1581, apportioning among certain parishioners (by virtue of their holdings), the vicar, and finally the whole parish, how many feet of wattled fence each should keep in repair, or what stiles each was to maintain: _notes and quer. for somer. and dor_., v, 538. see a similar agreement in _morebath_ (devon) _acc'ts_, 38. also in marsh, _hist. of calne_, 372, the list at calne. here are 25 groups of houses and certain individuals charged with making and keeping the churchyard bounds. see also _canterbury visit_., xxv, 34 (suit brought before the archdeacon against the tenant of a holding whose former owners had for 40 years repaired a portion of the church fence, 1611). for presentments to the courts christian for non-repair of church fence by individuals, see _dean of york's visit_., 214, 228, 325 (1570-1599). [306] _canterbury visit_., xxv, 26 (a parishioner of herne presented for withholding 9s., "which hath always been accustomed to be paid out of a certain house and lands." 1592). [307] early history of kingston-upon-thames, _surrey arch. coll_., viii, 74. [308] _st. mary the great acc'ts_, 148. [309] _hist. and antiq. of leicestershire_, by john nichols (1815), i, pt. ii, 569 ff. [310] see in t. nash, _hist. and antiq. of worcestershire_, i, pp. lii-lvi, a long list of pentecost, etc., farthings paid by each parish of the diocese in lump sums varying from 3d. to 3s. [311] _morebath acc'ts_ (ed. binney), 34, _s. a_. 1531, seem to offer a genuine example of such a payment of peter's pence. but the minchinhampton wardens (acc'ts in _archaeologia_, xxxv, 422 ff.), confuse their payments to the mother church, made in 1575 ff., with peter's pence. see, _e.g., s. a_. 1575, the entry: "to the sumner [or apparitor] for peterpence or smoke farthynges sometyme due to the anthecriste of roome ... xd." [312] see, _e.g_., sam'l. barfield, _thatcham, berks, and its manors_, ii, 122 (midgham and greenham called upon against their will for contributions to mother church). _surtees soc_., lxxxiv, 123 (dispute ending in a suit between st. oswald and st. margaret. 1595 ff.). _memorials of stepney, 1-2_ (parishioners of stratford bow forced to contribute to st. dunstan's, the mother church). [313] _e.g._, the vestry of st. christopher-le-stocks, london _(minutes_, ed e. freshfield), agree to cess "the parishioners" for money to prosecute a suit for certain parish lands in 1585-6. when the lands were recovered each was to have his money back _(minutes_, p. 12). but those assessed numbered only 38 (p. 13), whereas we see by a list (p. 12) that 43 persons were here assessed for the queen's subsidy; and subsidy men were the wealthier men of the parishes. cf. assessment at lapworth for barford bridge levied on 26 tenements, cottagers not being assessed. hudson, _memorials of a warwickshire parish_, 115. [314] hale, _crim. prec_., 198 (one spencer presented for not paying his proportion for the ringing on the queen's anniversary, "being rated at iiijd.") hudson, _op. cit. supra_ (barford bridge assessment of 4s. 4d. spread out over 26 tenements). [315] _canterbury visit_, xxvii, 214 (john basset "cessed" at 2d. a quarter, but thought well able to pay 3d. for the clerk's wages. robert sawyer, _ditto_. 1577). _st. margaret, lothbury, minutes_, 16 (ed. e. freshfield), where in 1584 thirty-four parishioners make a "free offer" of sums from 2d. to 6s. 8d. to pay a lecturer. _ibid_., 10 (18 parishioners give from 1d. to â£2 towards the erecting of a clock. 1577). [316] rates for bread and wine were commonly so levied. see _supra_, p. 78 and _note_ 80. [317] see p. 80 _supra_ and _note_ 87. [318] houghton-le-spring acc'ts, _surtees soc_., lxxxiv, 271 (1596). binney, _morebath acc'ts_, 34 (1531). _ibid_., 85 (1536). [319] _e.g._, see hale, _churchwardens' prec., passim, e.g_., where the parishioners of elstree ("idlestrye"), herts, cannot agree in 1585/6, some contending for assessment "by their welthe and goods only, and some others do require that the taxation might be made by the acres of grounde only." _canterbury visit_., xxvii, 218 (2d. an acre). _ibid_., xxv, 42 (4d. an acre). _ibid_., xxvi, 33 (ploughland of 140 acres paying 6s. 8d. for clerk's wages). _ibid_., xxv, 33 (two "cesses" at minster church, one at 20d. the score [of pounds?], the other at 12d.). _the reliquary_, xxv, 18 (levy made in morton, derbysh., of 8d. the oxgang of 15 acres). [320] order of wiltshire justices, michaelmas, 1600, that three of their number shall call certain constables and others before them, "and examine them what overplus of money is remaining in their hands w[hi]ch they have collected of their hundredes for anie service whatsoever, and if there be anie founde remayning the said justice to distribute the same amongst the inhabitants of the same hundredes according to their discretion." _rec. of wilts quarter sess_. in _wilts arch_, (etc.) _mag_., xxi, 85. [321] according to the 22 hen. viii c. 5, where it cannot be known who ought of right to repair a bridge, the justices of the district shall call before them the constables of the parishes of the surrounding hundreds, or of the whole shire, and "with the assent of the ... constables or [chief] inhabitants," tax every inhabitant of the towns and parishes of the shire (if necessary). this looks like a county bridge tax, but in practice the justices either threw a lump sum on a hundred, or on a parish, and left each parish to raise this sum according to local rating. such, at least, would seem to be the usual practice according to the churchwardens accounts, which contain many lump payments made to constables for bridges. [322] see wilts justices order, 20 eliz., _wilts arch_. (etc.) _mag_., xxi, 80-1. cf. _ibid_., 16, the appeal of hilprington and whaddon that they have been compelled by the inhabitants of melkesham to pay a third part with the last named parish of these lump assessments, though the acreage of melkesham is much greater than either of theirs, "and far better ground." [323] see p. 81, _note_ 91 _supra_. [324] john lister, _west riding session rolls_, 85. as early as 14 eliz. c. 5, sec. 17, city or parish officers might remove alien poor to their places of birth, if such aliens had resided in their adopted parishes not longer than three years. [325] j.w. willis bund, _cal. worcester quar. sess. rec_.,i, p. clxxxii. the appearance of a bastard was a portentous event. see the many ridings to and fro across country to ecclesiastical and civil magistrates in the _ashburton acc'ts_ (butcher, _the parish of ashburton_), p. 47 (1576-7). the devonshire justices order, easter 1598, that every woman who shall have a bastard child shall be whipped: hamilton, _quarter session from eliz. to anne, 32_. cf. the item: "paide for carriage of an irish woman into fynsburie feildes who was delivered of a childe under the stockes." brooke and hallen, _st. mary woolnoth and st. mary woolchurch haw_ (london) _acc'ts, s. a_. 1587. [326] wilts quart. sess. in _wilts arch_, (etc.) _mag_., xxii, 17. [327] willis bund, _loc. cit. supra_, p. 8. from 1599 to 1642 there were twenty-four indictments for not laying four acres to a cottage at the worcester sessions. _ibid_., table of indictments for all offences, p. lvii ff. cf. wilts quarter sess. rec. in _hist. mss. com. rep. on var. coll_., i (1901), 66. w.j. hardy, _herts co. rec. sess. rolls_ (1905), i, 5, _et passim. norfolk archaeology_, x (1888), 159. _les reportes del cases in camera stellata_ (ed. w.p. baildon), _passim_. [328] bund, _loc. cit_., p. clxxxiii. [329] geo. a. wade, _an english town that is still ruled by an oligarchy_ (dalton-in-furness), _engl. illust. mag_., xxv (1901). transcriber's note: text enclosed by underscores is in italics (_italics_). small capital text has been replaced with all capitals. the carat character (^) indicates that the following letter is superscripted (example: esq^r). letters from a farmer in pennsylvania. [illustration: the patriotic american farmer. j-n d-k-ns--n esq^r. barrister at law: who with attic eloquence and roman spirit hath asserted, the liberties of the british colonies in america. 'tis nobly done, to stem taxations rage; and raise, the thoughts of a degen'rate age, for happiness, and joy, from freedom spring; but life in bondage, is a worthless thing. printed for & sold by r. bell. bookseller] letters from a farmer in _pennsylvania_, to the inhabitants of the british colonies by john dickinson with an historical introduction by r. t. h. halsey [illustration: mark] new york the outlook company 1903 copyright, 1903 by r. t. h. halsey to the memory of one who loved her country and all that pertained to its history contents. page introduction xvii notes xlix letter i 5 letter ii 13 letter iii 27 letter iv 37 letter v 47 letter vi 59 letter vii 67 letter viii 79 letter ix 87 letter x 101 letter xi 117 letter xii 133 letter of thanks from the town of boston 147 illustrations. the patriotic american farmer j-n d-k-ns-n, esq^r, barrister-at-law frontispiece photogravure on copper. initial letter from the pennsylvania chronicle of 1768 title line etching on copper. chelsea derby porcelain statuette of catherine macaulay xliii bierstadt process color print. introduction. in the issue of the pennsylvania chronicle and universal advertiser of november 30th-december 3d, 1767, appeared the first of twelve successive weekly "_letters from a_ farmer _in_ pennsylvania _to the inhabitants of the_ british _colonies_," in which the attitude assumed by the british parliament towards the american colonies was exhaustively discussed. so extensive was their popularity that they were immediately reprinted in almost all our colonial newspapers. the outbursts of joy throughout america occasioned by the repeal of the stamp act had scarcely subsided when, the protracted illness of lord chatham having left the ministry without a head, the indomitable charles townsend, to the amazement of his colleagues and unfeigned delight of his king, introduced measure after measure under the pretence that they were demanded by the necessities of the exchequer; but in reality for the purpose of demonstrating the supremacy of the power of the parliament of great britain over her colonies in america. among these acts were those which provided for the billeting of troops in the various colonies; others called for duties upon glass, lead, paint, oil, tea, etc. of dire portent was the provision therein, that the revenues thus obtained be used for the maintenance of a civil list in america, and for the payment of the salaries of the royal governors and justices, salaries which had hitherto been voted by the various assemblies. the assembly of new york, having failed to comply strictly with the letter of the law in regard to the billeting of the king's troops, was punished by having its legislative powers suspended. this action boded ill for the future of any law-making body in america which should fail to carry out strictly any measure upon which the british parliament might agree. the colonies needed a common ground on which to meet in their opposition to these arbitrary acts of parliament. the deeds of violence and the tumultuous and passionate harangues in the northern colonies met with little sympathy among a large class in the middle and southern colonies, who, while chafing under the attacks upon their liberties, hesitated to favor resistance to the home government because of their unswerving loyalty to their king and their love for the country to whom and to which they owed allegiance. to these "the farmer" appealed when he wrote, "the cause of liberty is a cause of too much dignity to be slighted by turbulence and tumult. it ought to be maintained in a manner suitable to her nature, those who engage in it should breathe a sedate yet fervent spirit animating them to actions of prudence, justice, modesty, bravery, humanity and magnanimity." the convincing logic of these letters clearly proved that the constitutional rights belonging to englishmen were being trampled upon in the colonies, and furnished a platform upon which all those who feared their liberties were endangered could unite. under the date of the fifth of november, 1767, the seventy-ninth anniversary of the day on which the landing of william the third at torbay gave constitutional liberty to all englishmen, john dickinson, of pennsylvania (for before long it became known that he was the illustrious author), in a letter addressed to his "beloved countrymen," called attention to the lack of interest shown by the colonies in the act suspending the legislative powers of new york, and logically pointed out that the precedent thereby established was a blow at the liberty of all the other colonies, laying particular emphasis upon the danger of mutual inattention by the colonies to the interests of one another. the education and training of the author well qualified him to handle his subject. born in 1732 on his ancestral plantation on the eastern shore of maryland, from early youth john dickinson had had the advantages of a classical education.[1] his nineteenth year found him reading law in a lawyer's office in philadelphia. three years later, he sailed for england, where he devoted four important years to study at the middle temple, and then and there obtained that knowledge of english common law and constitutional history, and imbibed the traditions of liberty belonging to englishmen on which he later founded his plea for the resistance of the colonies to the ministerial attacks upon their liberty. on his return home he took up the practice of his profession at philadelphia, and immediately won for himself a high place at the bar. elected in 1760 a member of the assembly of delaware, his reputation for ability and political discernment gained him its speakership. in 1762 he became a member of the assembly of pennsylvania, where he acquired great prominence and unpopularity, which later cost him his seat in that body, on account of his opposition to the assembly's sending a petition to the king praying that the latter "would _resume_ the government of the province, making such compensation to the proprietaries as would be equitable, and permitting the inhabitants to enjoy under the new government the privileges that have been granted to them by and under your royal ministries." [1] "the life and times of john dickinson," by charles j. stillé. possibly dickinson's knowledge of the personality of the ministry and the dominant spirits in english political circles gained while abroad, led him bitterly to attack this measure, fathered and supported by franklin, for subsequent events soon showed the far-sightedness which led him to distrust the wisdom of a demand for the revoking of the proprietary charter, even though it were a bad one. his part in the controversy forced even his bitterest opponents to admire his ability. the enormous debt incurred by great britain during the then recent war with france led the ministry to look for some way of lightening taxation at home. it was decided that america must pay a share toward lifting the burden resting heavily on those in england, caused by the financing of the expenses of a war which drove france from north america. the fact that the colonies had furnished, equipped and maintained in the field twenty-five thousand troops and had incurred debts far heavier in proportion than those at home was forgotten. in 1764 was passed the "sugar act," which extended and enlarged the navigation acts and made england the channel through which not only all european, but also all asiatic trade to and from the colonies must flow. at the same time an announcement was made that "stamp duties" would be added later on. the next year from dickinson's pen appeared a pamphlet entitled "the late regulations respecting the british colonies on the continent of america considered, in a letter from a gentleman in philadelphia to his friend in london," in which these late regulations and proposed measures were discussed entirely from an economic standpoint. in it was clearly shown how dependent were the manufacturers and traders in england for their prosperity upon the trade of the colonies and that any restraint of american trade would naturally curtail the ability of those in the colonies to purchase from the home market. the stamp act was opposed on the ground that the already impoverished colonies would be drained of all their gold and silver which necessarily would have to go abroad in the payment for the stamps. this letter was conciliatory and persuasive, yet in the closing pages dickinson asked: "what then can we do? which way shall we turn ourselves? how may we mitigate the miseries of our country? _great britain_ gives us an example to guide us? she teaches us to make a distinction between her interests and our own. "teaches! she requires--commands--insists upon it--threatens--compels--and even distresses us into it. "we have our choice of these two things--to continue our present limited and disadvantageous commerce--or to promote manufactures among ourselves, with a habit of economy, and thereby remove the necessity we are now under of being supplied by _great britain_. "it is not difficult to determine which of these things is most eligible. could the last of them be only so far executed as to bring our demand for british manufactures below the profits of our foreign trade, and the amount of our commodities immediately remitted home, these colonies might revive and flourish. states and families are enriched by the same means; that is, by being so industrious and frugal as to spend less than what they raise can pay for." the various non-importation agreements signed during the next ten years, bear testimony to the popularity of the proposed plan. this pamphlet circulated freely and increased dickinson's reputation as that of a man capable of thoroughly discussing public measures; it also brought his name to the attention of the british public for whom the "letter" was especially written. at the call of massachusetts, representatives of nine of the colonies met in new york in october, 1764, and after a long discussion (in which dickinson's knowledge of constitutional law and english colonial policy enabled him to assume the leadership) issued a "declaration of rights," in which it was asserted that the inhabitants of the colonies, standing on their rights as englishmen, could not be taxed by the house of commons while unrepresented in that body. memorials were sent abroad protesting against the proposed acts, expressing, however, their willingness to meet loyally as in the past any properly accredited requisitions for funds sent to the various assemblies. notwithstanding this opposition, and the protests of all friends of america in england, the stamp act was passed. a year later it was repealed. _just published._ _printed on a large type, and fine paper_, and to be sold at the _london book store_ north side of king-street _letters_ from a farmer in _pennsylvania_ to the inhabitants of the british colonies. (_price two pistareens_) among all the writers in favor of the colonies, the farmer shines unrivalled, for _strength_ of _argument_, _elegance_ of _diction_, _knowledge_ in the _laws_ of _great britain_, and _the true interest_ of the colonies: a _pathetic_ and _persuasive eloquence_ runs thro the whole of these letters: they have been printed in every _colony_ from _florida_ to _nova scotia_; and the _universal applause_ so justly bestowed on the _author_, hath fully testified the gratitude of the people of america, for such an _able adviser_ and _affectionate friend_. written in a plain, pure style, with illustrations and arguments drawn from ecclesiastical, classical and english history, each point proven with telling accuracy and convincing logic, conciliatory to the english people, and filled with expressions of loyalty to the king, these essays, popularly known as the "farmer's letters," furnished the basis on which all those who resented the attacks on their liberty were able to unite. town meetings[2] and assemblies vied with each other in their resolutions of thanks. the "letters" were published immediately in book form in philadelphia (three different editions), new york, boston (two different editions), williamsburgh, london (with a preface written by franklin), and dublin. franklin was influential, also, in having them translated into french, and published on the continent. owing to the beauty of its typography and the excellence of its book-making, the boston edition, published by messrs. mein & fleeming, has been selected for republication, and has been reprinted line for line and page for page, in a type varying but slightly from that used by mein & fleeming. a few typographical errors have been corrected, but the irregularities in spelling, wherever they exist throughout the various editions, have been retained. the binding also is a reproduction of that of the original. its publication[3] was announced in the "boston chronicle," march 14-21, 1768, by the advertisement reprinted on the preceding page. [2] the "address from the town of providence," printed from the original manuscript, is to be found in the notes, page li. [3] two weeks later a letter of thanks voted by the town of boston was added to this edition. valuable as these "letters" were at home in uniting all factions in their measures of resistance, yet their influence abroad was of even more far-reaching effect. reprinted in london in june, 1768, this two-shilling pamphlet quickly circulated through coffee-house and drawing-room. in ministerial circles the "farmer" caused great indignation. in a letter from franklin, addressed to his son, dated london, 13th of march, 1768, appears the following: "my lord hillsborough mentioned the 'farmer's letters' to me, said that he had read them, that they were well written, and he believed he could guess who was the author, looking in my face at the same time, as if he thought it was me. he censured the doctrines as extremely wild. i have read them as far as number 8. i know not if any more have been published. i should, however, think they had been written by mr. delancey, not having heard any mention of the others you point out as joint authors." groaning under their own heavy taxation, the troubles of america had hitherto appealed but slightly to the average englishman and the sympathies of the english people had become involved in the long-drawn-out struggles of wilkes to obtain his constitutional rights. the press published little american news. america was little discussed; conditions there were practically unknown to all but the trading class, whose members had prospered through the monopoly of the constantly increasing commerce with the growing colonies. this class, naturally fearing the loss of the magnificent trade which had been built up, had long bemoaned the constantly increasing friction between the two factions on each side of the water. englishmen in general had hitherto paid little attention to the debates over the various acts raising revenue from the colonies. from the time the "farmer's letters" were published in england the differences between parliament and colonies were better understood there. untouched and yet alarmed by the political corruption so prevalent at the time, thinking men saw in these "letters" a warning that if their sovereign was successful in his attempt to take away constitutional liberty from their fellow englishmen across the sea, their own prized liberty at home was in danger. "american" news became more frequent in the newspapers, "letters to the printer," the form of editorials of the day, discussed and criticised the measures of parliament with great freedom. to the masses, john dickinson's name soon became very familiar through the agency of the press, which under date of june 26-28, 1768, freely noted isaac barré's characterization in the house of commons of dickinson as "a man who was not only an ornament to his country but an honor to human nature." almost immediately after the publication of the london edition, the monthly review of july, 1768, forcibly called the attention of the literary world to the "farmer's letters" in an exhaustive review which is reprinted in the notes, page liii, for the purpose of showing the view held by the english whigs regarding the doctrines laid down and arguments used by dickinson in defence of his position. the "london chronicle," under date of september 1st, 1768, printed the popular liberty song, written by mr. dickinson, and which, set to the inspiring air of "hearts of oak," was being sung throughout the colonies. in order to give the accompanying letter of request for the republication of the song, a request which, from its wording demonstrates the enthusiasm which the song aroused, the latter is here reprinted from the issue of the boston "evening post" of august 22, 1768. messirs fleets the following song being now much in vogue and of late is heard resounding in almost all companies in town, and by way of eminence called "the liberty song," _you are desired to republish in your_ 'circulating' paper for the benefit of the whole continent of america. [to the tune of hearts of oak.] come, join hand in hand, brave americans all, and rouse your bold hearts at fair _liberty's_ call, no _tyrannous acts_ shall suppress your _just claim_, or stain with _dishonor_ america's name. in freedom we're _born_, & in freedom we'll _live_, our purses are ready, steady, friends, steady, not as _slaves_ but as _freemen_ our money we'll give. our worthy forefathers--let's give them a cheer- to _climates unknown_ did courageously steer; thro' _oceans_ to _deserts_ for _freedom_ they came, and dying bequeath'd us their _freedom_ & _fame_. in freedom we're _born_, &c. their generous bosoms all dangers despis'd, so _highly_, so _wisely_, their _birthrights_ they priz'd; we'll keep what they gave--we will piously keep, nor frustrate their toils on the land or the deep. in freedom we're _born_, &c. the tree their own hands had to _liberty_ rear'd, they liv'd to behold growing strong and rever'd; with transport then cry'd, 'now our wishes we gain, for our children shall gather the fruits of our pain.' in freedom we're _born_, &c. swarms of _placemen_ and _pensioners_ soon will appear, like locusts deforming the charms of the year; suns vainly will rise, showers vainly descend, if _we_ are to _drudge for_ what _others_ shall _spend_. in freedom we're _born_, &c. then join hand in hand brave americans all, by _uniting_ we stand, by _dividing_ we fall; _in so righteous a cause_ let us hope to succeed, for heaven approves of each generous deed. in freedom we're _born_, &c. all ages shall speak with _amaze_ and _applause_, of the _courage_ we'll shew _in support of our laws_; to die we can _bear_--but to serve we _disdain_- for _shame_ is to _freemen_ more dreadful than _pain_. in freedom we're _born_, &c. this bumper i crown for our _sovereign's_ health, and this for _britannia's_ glory and wealth; that wealth and that glory immortal may be, if _she_ is but _just_--and if _we_ are but _free_. in freedom we're _born_, & in freedom we'll _live_, our purses are ready, steady, friends, steady, not as _slaves_, but as _freemen_ our money we'll give. the following extract from the london "chronicle" of october 4, 1768, demonstrates how completely the arguments and logic of the "farmer's letters" gained popular approval; how constantly dickinson's name was kept before the public, both at home and abroad; how his fame was toasted; how he was recognized as the leader of political thought in the colonies. it shows also the constantly increasing interest in american matters taken by the press of england since the advent of the "farmer's letters," for the "american news," published in this and other london papers, was extensively reprinted in the local journals throughout the kingdom. _taken from the boston, in new england, evening post of august 22, 1768_ on monday the fifteenth instant, the anniversary of the ever memorable _fourteenth of august_, was celebrated by the sons of liberty in this town, with extraordinary festivity. at this dawn, the british flag was displayed on the _tree of liberty_, and a discharge of _fourteen_ cannon, ranged under the venerable elm, saluted the joyous day. at eleven o'clock, a very large company of the principal gentlemen and respectable inhabitants of the town, met at the hall under the tree, while the streets were crowded with a concourse of people of all ranks, public notice having been given of the intended celebration. the musick began at high noon, performed on various instruments, joined with voices; and concluding with the universally admired _american_ song of liberty,[4] the grandeur of its sentiment, and the easy flow of its numbers, together with an exquisite harmony of sound, afforded sublime entertainment to a numerous audience, fraught with a noble ardour in the cause of freedom: the song was clos'd with the discharge of cannon and a shout of joy; at the same time the windows of the neighbouring houses, were adorned with a brilliant appearance of the fair daughters of liberty, who testified their approbation by smiles of satisfaction. the following toasts succeeded, viz. [4] the song has been given already in our chronicle. the following toasts may need brief explanation.--r. t. h. h.: _1._ _our rightful sovereign george the third._ _2._ _the queen, prince of wales, and the rest of the royal family._ _3._ _the sons of liberty throughout the world._ _4._ _the glorious administration of 1766._ 4. the rockingham ministry which repealed the stamp act. _5._ _a perpetual union of great britain and her colonies, upon the immutable principles of justice and equity._ _6._ _may the sinister designs of oppressors, both in great britain and america, be for ever defeated._ _7._ _may the common rights of mankind be established on the ruin of all their enemies._ _8._ _paschal paoli and his brave corsicans. may they never want the support of the friends of liberty._ 8. the struggles of paoli and the corsicans excited great interest both in great britain and america. constant references are made to these in the "letters." _9._ _the memorable 14th of august, 1765._ 9. the day of the demonstration in boston against the stamp officers. daybreak disclosed hanging on a tree an effigy of the stamp officer oliver. after hanging all day, at nightfall it was taken down by the sons of liberty, who placed it on a bier and escorted it through the principal streets in boston to the home of oliver, where, in the presence of a large number of people, it was burned. _10._ _magna charta, and the bill of rights._ _11._ _a speedy repeal of unconstitutional acts of parliament, and a final removal of illegal and oppressive officers._ _12._ _the farmer._ 12. john dickinson. _13._ _john wilkes, _esq.; and all independent members of the british parliament_. _14._ _the glorious ninety-two who defended the rights of america, uninfluenced by the mandates of a minister, and undaunted by the threats of a governor._ 14. on the 11th day of february, 1768, the assembly of massachusetts adopted and sent to the various colonial assemblies a circular letter drawn up by samuel adams, informing them of the contents of a petition which the massachusetts assembly had sent to the king. this letter also urged united action against the oppressive measures of the ministry, and gave great offense to the king and ministry. the secretary for the colonies, lord hillsborough, instructed governor bernard of massachusetts to order the assembly to rescind this letter, and in case of refusal to dissolve this body. after a thorough discussion this request was refused by a vote of "ninety-two" to "seventeen." which being finished, the french horns sounded; and after another discharge of the cannon, compleating the number ninety-two, the gentlemen in their carriages repaired to the greyhound tavern in roxbury, where a _frugal_ and _elegant_ entertainment was provided. the music played during the repast: after which the following toasts were given out, and the repeated discharge of cannon spoke the general assent. _1._ _the king._ _2._ _queen and royal family._ _3._ _lord_ cambden. 3. a strenuous upholder of the constitutional rights of the colonies and a strong defender in the house of lords of the doctrine, "no taxation without representation." contemporary writers frequently spelt camden's name as above. _4._ _lord_ chatham. _5._ _duke of_ richmond. 5. another friend of america in the same body. _6._ _marquis of_ rockingham. 6. under whose ministry the stamp act was repealed. _7._ _general_ conway. 7. the leader in the house of commons during the rockingham ministry. _8._ _lord_ dartmouth. 8. president of the board of trade in the rockingham ministry, much loved in the colonies. dartmouth college bears his name. _9._ _earl of_ chesterfield. 9. a warm adherent of america. _10._ _colonel_ barre. 10. the companion of wolfe at quebec; in replying to townsend during one of the debates over the passage of the stamp acts he characterized the americans as "sons of liberty," a term which immediately was applied throughout the colonies to those who were resenting the interference of parliament with their home government. _11._ _general_ howard. 11. a member of parliament from stamford who was active in obtaining the repeal of the stamp act. _12._ _sir_ george saville. 12. represented yorkshire in the house of commons; a strong supporter of the rockingham ministry. _13._ _sir_ william meredith. 13. member of parliament from liverpool. lord of the admiralty during the rockingham administration. _14._ _sir_ william baker. 14. also energetic in securing the repeal of the stamp act. _15._ _john_ wilkes, _esq., and a speedy reversal of his outlawry_. 15. the struggles of wilkes excited keen interest in america. _16._ _the farmer of_ pennsylvania. 16. it is noted that this was the second time dickinson's health was drunk that day. no other american residing in this country was toasted. _17._ _the massachusetts_ ninety-two. _18._ _prosperity and perpetuity to the_ british empire, _on constitutional principles_. _19_. north america: _and her fair daughters of liberty_. _20._ _the illustrious patriots of the kingdom of ireland._ 20. in letter x dickinson warns against the fate of ireland. _21._ _the truly heroic_ paschal paoli, _and all the brave corsicans_. _22._ _the downfall of_ arbitrary _and_ despotic power _in all parts of the earth; and liberty without_ licentiousness _to all mankind_. _23._ _a perpetual union and harmony between_ great britain _and the colonies, on the principles of the original compact_. _24._ _to the immortal memory of that_ hero _of_ heroes _william the third_. _25._ _the speedy establishment of a_ wise _and_ permanent administration. _26._ _the_ right _noble lords, and_ very worthy _commoners, who voted for the repeal of the_ stamp act _from_ principle. _27._ dennis de berdt, _esq; and all the true friends of_ america _in great britain, and those of great britain in america_. 27. the agent of massachusetts in london. _28._ _the_ respectable _towns of_ salem, ipswich _and_ marblehead, _with all the absentees from the late assembly, and their_ constituents, _who have publickly approved of the vote against_ rescinding. 28. representatives of these towns voted in favor of rescinding. town meetings, however, were held, and the citizens of these places recorded themselves as endorsing the action of the majority in refusing the "ministerial mandates" and condemned the position assumed by their own representatives. in letters which appeared in the press a number of absentees from the assembly boldly endorsed the action of the majority. _29._ _may all_ patriots _be as wise as serpents, and as harmless as doves_. _30._ _the_ manufactories _of_ north america, _and the_ banishment _of luxury_, dissipation and _other vices, foreign and domestic_. 30. referring to the proposal of dickinson quoted on page xxiii of the introduction. _31._ _the removal of all task-masters, and an effectual redress of all other grievances._ _32._ _the_ militia _of_ great britain _and of the_ colonies. _33._ _as_ iron _sharpeneth_ iron, _so may the countenance of every good and virtuous son and daughter of liberty, that of his or her friend_. _34._ _the assemblies on this vast and rapidly populating continent, who have treated a late haughty and "merely ministerial" mandate "with all that contempt it so justly deserves."_ 34. referring to the replies of the various assemblies to the circular letter and endorsements of the action of the massachusetts assembly. _35._ strong halters _and_ sharp axes _to all such as respectively deserve them_. _36._ scalping savages _let loose in_ tribes, _rather than_ legions of placemen, pensioners, _and_ walkerizing dragoons. _37._ _the amputation of any_ limb, _if it be necessary to preserve the body_ politic _from_ perdition. _38._ _the oppressed and distressed foreign protestants._ _39._ _the free and independent cantons of switzerland._ _40._ _their_ high mightinesses _the states general of_ seven _united provinces_. _41._ _the king of_ prussia. _42._ _the_ republic _of_ letters. _43._ _the_ liberty _of the press_. _44._ spartan, roman, british virtue, _and_ christian graces joined. _45._ _every man under his own vine! under his own fig-tree! none to make us afraid! and let all the people say, amen!_ 45. see page 51. upon this happy occasion, the whole company with the approbation of their brethren in roxbury, consecrated a tree in the vicinity; under the shade of which, on some future anniversary, they say they shall commemorate the day, which shall liberate america from her present oppression! then making an agreeable excursion round jamaica pond, in which excursion they received the kind salutation of a friend to the cause by the discharge of cannon at six o'clock they returned to town; and passing in slow and orderly procession through the principal streets, and the state-house, they retired to their respective dwellings. it is allowed that this cavalcade surpassed all that has ever been seen in america. the joy of the day was manly, and an uninterrupted regularity presided through the whole. the two illustrations in this volume were selected for the purpose of recording prevalent contemporary opinions of dickinson. the frontispiece is a reproduction (slightly reduced in size)[5] of the very scarce print in which john dickinson is crudely portrayed as the author of the "farmer's letters." it was first advertised for sale in the pennsylvania "chronicle" under date of october 12-17, 1768, as follows: lately published and sold by r. bell at james emerson's, in market-street, near the river, and at john hart's vendue store, in southward (price one shilling) an elegant engraved copper plate print of the patriotic american farmer; the same glazed and framed, price five shillings. [5] reproduced through the courtesy of the library company of philadelphia. i wish also to express my obligation to my friends messrs. wilberforce eames of the lenox library and robert h. kelby of the new york historical society for repeated access to the volumes of colonial newspapers, etc., in the collections under their charge. this specimen of early american engraving, the work of some unknown artist and engraver, was undoubtedly inspired by the following article which appeared in the pennsylvania "chronicle" for may, 9-16, 1768, as well as the many other newspapers in the colonies, so eager was the press to publish any information concerning the author of the "farmer's letters." the inscription is thus explained as well as the elimination of the vowels from dickinson's name. philadelphia on tuesday last, by order of the governor and society of fort st. david's, fourteen gentlemen, members of that company, waited upon j-n d-ck-nson esq; and presented the following address, in a box of heart of oak. respected sir, when a man of abilities, prompted by love of his country, exerts them in her cause, and renders her the most eminent services, _not to be sensible_, of the benefits received, is stupidity; _not to be grateful for them_, is baseness. influenced by this sentiment, we, the governor and company of fort st. david's, who among other inhabitants of _british america_, are indebted to you for your most excellent and generous vindication of liberties dearer to us than our lives, beg leave to return you our heartiest thanks, and offer to you the greatest mark of esteem, that, as a body, it is in our power to bestow, by admitting you, as we hereby do, a member of our society. when that destructive project of _taxation_, which your integrity and knowledge so signally contributed to baffle about two years ago, was lately renewed under a _disguise_ so _artfully contrived_ as to delude millions, you, sir, _watchful_ for the interests of your country, _perfectly_ acquainted with them, and _undaunted_ in asserting them, alone detected the monster concealed from others by an altered appearance, exposed it, stripped of its insidious covering, in its own horrid shape, and, we firmly trust by the blessing of god on your wisdom and virtue, will again extricate the _british_ colonies on this continent from the cruel snares of oppression; for we already perceive these colonies roused _by your strong and seasonable_ call, pursuing the salutary measures advised by you for obtaining redress. nor is this all that you have performed for your native land. _animated by a sacred_ zeal, _guided by truth and supported by justice_, you _have penetrated to the foundations of the constitution_, have _poured_ the clearest light on the important _points_, hitherto involved in a darkness bewildering even the learned, and have _established_ with an amazing force and plainness of argument, the true distinctions and grand principles, that will _fully instruct ages_ yet unborn, what rights belong to them, and the best methods of defending them. to merit far less distinguished, ancient _greece_ or _rome_ would have decreed statues and honours without number: but it is _your fortune_ and _your glory_, sir, that you live in _such_ times, and possess _such exalted worth_, that the _envy_ of those, whose _duty_ it is to applaud you, can conceive no other consolation, than by withholding those praises in public, which all honest men acknowledge in private that you have deserved. we present to you, sir, a small gift of a society not dignified by any legal authority; but when you consider this gift as expressive of the _sincere affection_ of many of your fellow citizens for your person, and of their _unlimited approbation_ of the noble principles maintained in your unequalled labours, we hope this testimony of our sentiments will be acceptable to you. may that all-gracious being, which in kindness to these colonies gave your valuable life existence _at the critical period_ when it will be most wanted, grant it a long continuance, filled with every felicity; and when your country sustains its dreadful loss, may you enjoy the happiness of heaven, and on earth may your memory be cherished, as we doubt not it will be, to the latest posterity. _signed by the order of the society_, john bayard, secretary. the box was finely decorated, and the inscription neatly done in letters of gold. on the top was represented the cap of liberty on a spear, resting on a cypher of the letters i. d. underneath the cypher in a semicircular label----pro patria----around the whole the following words: the gift of the governor and society of fort st. david's to the author of the farmer's letters, in grateful testimony of the very eminent services thereby rendered to this country, 1768. on the inside of the top- the liberties of the british colonies in america asserted with attic eloquence, and roman spirit, by j-n d-k-ns-n[6] esqr.; barrister at law. [6] the name at length. on the inside of the bottom- ita cuique eveniat ut de republica meruit. on the outside of the bottom--a sketch of _fort st. david's_. _to which the following answer was returned._ gentlemen, i very gratefully receive the favour you have been pleased to bestow upon me, in admitting me a member of your company; and i return you my heartiest thanks for your kindness. the "esteem" of worthy fellow citizens is a treasure of greatest price; and as no man can more highly value it than i do, your society in "expressing the affection" of so many respectable persons for me, affords me the sincerest pleasure. nor will this pleasure be lessened by reflecting, that you may have regarded with a generous _partiality_ my attempts to promote the welfare of our country; for the warmth of your praises in commending a conduct you _suppose_ to deserve them, gives worth to these praises, by proving _your_ merit, while you attribute merit to _another_. your characters, gentlemen, did not need this evidence to convince me, how much i ought to prize your "esteem" or how much you deserved _mine_. i think myself extremely fortunate, in having obtained your favorable opinion, which i shall constantly and carefully endeavor to preserve. i most heartily wish you every kind of happiness, and particularly that you may enjoy the comfortable prospect of transmitting to your posterity those "liberties" dearer to you than your lives, "which god gave to you, and which no _inferior power_ has a right to take away." [illustration: chelsea derby porcelain statuette of catherine macaulay] the potter's art, which from time immemorial has been the means of transmitting history, furnishes the other illustration and also perpetuates the estimate of dickinson's character held by william duesbury, england's greatest manufacturer of porcelain. it pictures a porcelain statuette of mrs. catherine macaulay, a well-known historian, whose "history of england from the accession of james the first to that of the brunswick line" and other historical writings met with great approval among the whig party in england and whose decided approval of the stand taken by the colonies, gave her great popularity in america. this statuette, measuring 13½ inches in height, is modeled to a certain extent after the statue of this lady which was erected in 1777 in the church of st. stephen, walbrook, london. mrs. macaulay appears leaning upon her "histories of england," which rest on the top of a pedestal, on the front of which is the inscription, "government a power delegated for the happiness of mankind conducted by wisdom, justice and mercy." beneath are the words, "_american congress_." on the side of the pedestal the name of _dickinson_ appears, preceded by the names of those noble writers, england's great advocates and expounders of constitutional liberty, sydney, hampden, milton, locke, harrington, ludlow and marvel. this beautiful porcelain statuette was moulded at the chelsea factory in 1777, the same year in which boswell chronicles dr. johnson's visit there, noting, "the china was beautiful, but dr. johnson justly observed it was too dear, for he could have vessels of silver as cheap as were here made of porcelain." the space at my disposal prevents my quoting many a "letter to the printer" appealing for justice for the colonials as well as numerous contributed articles which appeared during the next few years in the english press, the contents of which clearly show how strongly dickinson's arguments had influenced their respective authors. while it is true that these sentiments were attacked both at home and abroad, the attacks soon lost their vehemence. strange as it may seem, more protests against the course of the ministry than denunciations of the doings of the colonial assemblies are found in the columns of the english press of the period. the demand for the arguments contained in the "farmer's letters" was not lessened by subsequent events as their popularity demanded the publishing of another london edition in 1774. certainly to john dickinson for his masterly defence of the rights of the colonies america owes an everlasting debt of gratitude. the logic of his claims and his warnings as to what must be the ultimate result of the ministerial encroachments upon the liberties of englishmen did much to win over to the american cause in england that strong ally, the support of a large body of thoughtful englishmen. these men actively condemned the ministerial actions and during the war which followed caused the course of the government to be bitterly opposed by an influential and constantly growing minority in parliament. through their efforts was fostered a public sentiment which caused the war to be prosecuted in a half-hearted manner and obliged a power-loving king to fill the depleted ranks of his army with german mercenaries, so impossible was it to force a sufficient number of his own liberty-loving subjects to fight against their kindred living in the land so happily alluded to by a contributor to the london "chronicle" (june 3-6, 1769), in the following poem: _the genius of_ america _to her sons_ who'd know the sweets of liberty? 'tis to climbe the mountain's brow, thence to discern rough industry, at the harrow or the plough; 'tis where my sons their crops have sown, calling the harvest all their own; 'tis where the heart to truth allied, never felt unmanly fear; 'tis where the eye with milder pride, nobly sheds sweet pity's tear; such as america yet shall see, these are the sweets of liberty. notes. i. an address from the moderator and freemen of the town of providence in the colony of rhode-island, and providence plantation convened in open meeting the 20th day of june, 1768, to the author of a series of letters signed a farmer. _sir_, in your retirement, "near the banks of the river delaware," where you are compleating, in a rational way, the number of days allotted to you by divine goodness, the consciousness of having employed those talents which god hath bestowed upon you, for the support of our rights, must afford you a satisfaction vastly exceeding that, which is derived to you from the universal approbation of your letters,--however amidst the general acclamation of your praise, we the moderator and freemen of the ancient town of providence cannot be silent; although we would not offend your delicacy, or incur the imputation of flattery in expressing our gratitude to you. your benevolence to mankind, fully discoverable from your writings, doubtless caused you to address your countrymen, whom you tenderly call _dear_ and _beloved_, in a series of letters, wherein you have with a great judgment, and in the most spirited and forcible manner explained their rights and privileges; and vindicated them against such as would reduce these extensive dominions of his majesty to poverty, misery, and slavery. this your patriotic exertion in our cause and indeed in the cause of all the human race in some degree, hath rendered you very dear to us, although we know not your person. we deplore the frailty of human nature, in that it is necessary that we should be frequently awakened into attention to our duty in matters very plain and incontrovertible, if we would suffer ourselves to consider them. from this inattention to things evidently the duty and interest of the world, we suppose despotic rule to have originated, and all the train of miseries consequent thereupon. the virtuous and good man, who rouses an injured country from their lethargy, and animates them into active and successful endeavours for casting off the burdens imposed on them, and effecting a full enjoyment of the rights of men, which no human creature ought to violate, will merit the warmest expressions of gratitude from his countrymen, for his instrumentality in saving them and their posterity. as the very design of instituting civil government in the world was to secure to individuals a quiet enjoyment of their native rights, wherever there is a departure from this great and only end, impious force succeeds. the blessings of a just government, and the horror of brutal violence are both inexpressible. as the latter is generally brought upon people by degrees, it will be their duty to watch against even the smallest attempt to "innovate a single iota" in their privilege. with hearts truly loyal to the king, we feel the greatest concern at divers acts of the british parliament, relative to these colonies. we are clear and unanimous in sentiment that they are subversive of our liberties, and derogatory to the power and dignity of the several legislatures established in america. permit us, sir, to assure you that we feel an ineffable gratitude to you, for sending forth your letters at a time when the exercise of great abilities was necessary. we sincerely wish that you may see the fruit of your labours. we on our parts shall be ready at all times to evince to the world that we will not surrender our privileges to any of our fellow subjects, but will earnestly contend for them, hoping that the "almighty will look upon our righteous contest with gracious approbation." we hope that the conduct of the colonies on this occasion will be "peaceable, prudent, firm, and joint; and such as will show their loyalty to the best of sovereigns, and that they know what they owe to themselves as well as to great-britain." signed by order james angell, town clerk. ii. from the monthly review. london, july, 1768. "_letters from a farmer in pennsylvania, to the inhabitants of the british colonies. 8vo. 2s. almon. 1768._ "we have, in the letters now before us, a calm yet full inquiry into the right of the british parliament, lately assumed, to tax the american colonies; the unconstitutional nature of which attempt is maintained in a well-connected chain of close and manly reasoning; and though from this character, it is evident that detached passages must appear to a disadvantage, yet it is but just to give our readers some specimens of the manner in which the author asserts the rights of his american brethren; subjects of the british government, as he pleads, carrying their birthrights with them wherever they settle as such. 'colonies, says he, were formerly planted by warlike nations, to keep their enemies in awe; to relieve their country overburthened with inhabitants; or to discharge a number of discontented and troublesome citizens. but in more modern ages, the spirit of violence being, in some measure, if the expression may be allowed, sheathed in commerce, colonies have been settled by the nations of europe for the purposes of trade. these purposes were to be attained, by the colonies raising for their mother country those things which she did not produce herself; and by supplying themselves from her with things they wanted. these were the _national_ objects in the commencement of our colonies, and have been uniformly so in their promotion. 'to answer these grand purposes, perfect liberty was known to be necessary; all history proving, that trade and freedom are nearly related to each other. by a due regard to this wise and just plan, the infant colonies, exposed in the unknown climates and unexplored wildernesses of this new world, lived, grew, and flourished. 'the parent country, with undeviating prudence and virtue, attentive to the first principles of colonization, drew to herself the benefits she might reasonably expect, and preserved to her children the blessings, upon which those benefits were founded. she made laws, obliging her colonies to carry to her all those products which she wanted for her own use; and all those raw materials which she chose herself to work up. besides this restriction, she forbade them to procure _manufactures_ from any other part of the globe, or even the _products_ of _european_ countries, which alone could rival her, without being first brought to her. in short, by a variety of laws, she regulated their trade in such a manner as she thought most conducive to their mutual advantage and her own welfare. a power was reserved to the crown of _repealing_ any laws that should be enacted: the executive authority of government was also lodged in the crown, and its representatives; and an _appeal_ was secured to the crown from all judgments in the administration of justice. 'for all these powers, established by the mother country over the colonies; for all these immense emoluments derived by her from them; for all their difficulties and distresses in fixing themselves, what was the recompense made them? a communication of her rights in general, and particularly of that great one, the foundation of all the rest--that their property, acquired with so much pain and hazard, should be disposed of by none but themselves--or, to use beautiful and emphatic language of the sacred scriptures, "that they should sit _every man_ under his vine, and under his fig-tree, and _none should make them afraid_." 'can any man of candour and knowledge deny that these institutions form an affinity between great britain and her colonies, that sufficiently secures their dependence upon her? or that for her to levy taxes upon them is to reverse the nature of things? or that she can pursue such a measure without reducing them to a state of vassalage? 'if any person cannot conceive the supremacy of great britain to exist, without the power of laying taxes to levy money upon us, the history of the colonies, and of great britain, since their settlement, will prove the contrary. he will there find the amazing advantages arising to her from them--the constant exercise of her supremacy--and their filial submission to it, without a single rebellion, or even the thought of one, from their first emigration to this moment--and all these things have happened, without one instance of great britain's laying taxes to levy money upon them. 'how many british authors have demonstrated, that the present wealth, power and glory of their country, are founded upon these colonies? as constantly as streams tend to the ocean have they been pouring the fruits of all their labours into their mother's lap. good heaven! and shall a total oblivion of former tendernesses and blessings, be spread over the minds of a good and wise nation by the sordid arts of intriguing men, who, covering their selfish projects under pretences of public good, first enrage their countrymen into a frenzy of passion, and then advance their own influence and interest, by gratifying the passion, which they themselves have basely excited. 'hitherto great britain has been contented with her prosperity, moderation has been the rule of her conduct. but now, a generous, humane people, that so often have protected the liberty of _strangers_, is inflamed into an attempt to tear a privilege from her own children, which if executed, must, in their opinion, sink them into slaves: _and for what_? for a pernicious power, not necessary to her as her own experience may convince her; but horribly dreadful and detestable to her. 'it seems extremely probable, that when cool, dispassionate prosperity, shall consider the affectionate intercourse, the reciprocal benefits, and the unsuspecting confidence, that have subsisted between these colonies and their parent country, for such a length of time, they will execrate, with the bitterest curses, the infamous memory of those men, whose pestilential ambition unnecessarily, wantonly, first opened the sources of civil discord between them; first turned their love into jealousy; and first taught these provinces, filled with grief and anxiety, to enquire.' "as every community possessed of valuable privileges, and desirous to preserve the enjoyment of them, ought to be very cautious of admitting innovations from their established forms of political administration, our author does not confine his views to the immediate effects of the laws lately passed regarding america; but considers the necessary tendency of the precedents; thus he says, 'i have looked over every _statute_ relating to these colonies, from their first settlement to this time; and i find everyone of them founded on this principle, till the _stamp-act_ administration. _all before_, are calculated to regulate trade, and preserve or promote a mutually beneficial intercourse between the several constituent parts of the empire; and though many of them imposed duties on trade, yet those duties were always imposed _with design_ to restrain the commerce of one part, that was injurious to another, and thus to promote the general welfare. the raising a revenue thereby was never intended. thus, the king by his judges in his courts of justice, impose fines, which altogether amount to a very considerable sum, and contribute to the support of government; but this is merely a consequence arising from restrictions, that only meant to keep peace, and prevent confusion; and surely a man would argue very loosely, who should conclude from hence, that the king has a right to levy money in general upon his subjects. never did the british parliament, till the period above mentioned, think of imposing duties in america, _for the purpose of raising a revenue_. mr. grenville first introduced this language, in the preamble to the fourth of george iii. chap. 15, which has these words--"and whereas it is just and necessary that _a revenue be raised in your majesty's said dominions in america, for defraying the expenses of defending, protecting and securing the same_: we your majesty's most dutiful and loyal subjects, _the commons of great britain_, in parliament assembled, being desirous to make some provisions in this present session of parliament, _towards raising the said revenue in america_, have resolved to _give_ and _grant_ unto your majesty the several rates and duties hereinafter mentioned," etc. 'a few months after came the _stamp-act_, which reciting this, proceeds in the same strange mode of expression, thus--"and whereas it is just and necessary, that provision be made _for raising a further revenue within your majesty's dominions in america, towards defraying the said expenses_, we your majesty's most dutiful and loyal subjects, the _commons_ of _great britain, etc., give and grant_," etc., as before. 'the last act, granting duties upon paper, etc., carefully pursues these modern precedents. the preamble is, "whereas it is expedient, _that a revenue should be raised in your majesty's dominions in america for making a more certain and adequate provision for defraying the charge of the administration of justice, and the support of civil government in such provinces, where it shall be found necessary; and towards the further defraying of the expences of defending, protecting, and securing the said dominions_, we your majesty's most dutiful and loyal subjects, the _commons of great britain_, etc. give _and grant_," etc. as before. 'here we may observe an authority expresly claimed and exerted to impose duties on these colonies; not for the regulation of trade; not for the preservation or promotion of a mutually beneficial intercourse between the several constituent parts of the empire, heretofore the _sole objects_ of parliamentary institutions; _but for the single purpose of levying money upon us_.' "again in another place, 'what but the indisputable, the acknowledged exclusive right of the colonies to tax themselves, could be the reason, that in this long period of more than one hundred and fifty years, no statute was ever passed for the sole purpose of raising a revenue from the colonies? and how clear, how cogent must that reason be, to which every parliament, and every ministry for so long a time submitted, without a single attempt to innovate? 'england, in part of that course of years, and great britain, in other parts, was engaged in several fierce and expensive wars; troubled with some tumultuous and bold parliaments; governed by many daring and wicked ministers; yet none of them ever ventured to touch the palladium of american liberty. ambition, avarice, faction, tyranny, all revered it. whenever it was necessary to raise money on the colonies, the requisitions of the crown were made, and dutifully complied with. the parliament, from time to time, regulated their trade, and that of the rest of the empire, to preserve their dependence and the connections of the whole in good order.' "the amount of present duties exacted in an unusual way is no part of the object in question; for our pennsylvanian farmer observes: 'some persons may think this act of no consequence, because the duties are so _small_. a fatal error. _that_ is the very circumstance most alarming to me. for i am convinced, that the authors of this law would never have obtained an act to raise so trifling a sum as it must do, had they not intended by it to establish a _precedent_ for future use. to console ourselves with the _smallness_ of the duties, is to walk deliberately into the snare that is set for us, praising the _neatness_ of the workmanship. suppose the duties imposed by the late act could be paid by these distressed colonies with the utmost ease, and that the purposes to which they are to be applied, were the most reasonable and equitable that can be conceived, the contrary of which i hope to demonstrate before these letters are concluded; yet even in such a supposed case, these colonies ought to regard the act with abhorrence. for who are a free people? not those, over whom government is reasonably and equitably exercised, but those, who live under a government so _constitutionally checked_ and controuled, that proper provision is made against its being otherwise exercised. 'the late act is founded on the destruction of this constitutional security. if the parliament have a right to lay a duty of four shillings and eight pence on a hundred weight of glass, or a ream of paper, they have a right to lay a duty of any other sum on either. they may raise the duty, as the author before quoted says has been done in some countries, till it "exceeds seventeen or eighteen times the value of the commodity." in short, if they have a right to levy a tax of _one penny_ upon us, they have a right to levy a _million_ upon us; for where does their right stop? at any given number of pence, shillings or pounds? to attempt to limit their right, after granting it to exist at all, is as contrary to reason--as granting it to exist at all, is contrary to justice. if they have any right to tax us--then, whether our own money shall continue in our pockets or not, depends no longer on _us_, but on _them_, "there is nothing which "we" can call our own; or, to use the words of mr. locke--_what property have "we" in that which another may, by right, take, when he pleases, to himself_?" 'these duties which will inevitably be levied upon us--which are now levying upon us--are _expresly laid for the sole purpose of taking money_. this is the true definition of "taxes." they are therefore _taxes_. this money is to be taken from _us_. we are therefore _taxed_. _those_ who are _taxed_ without their own consent, expressed by themselves or their representatives are _slaves_. _we are taxed_ without our own consent, expressed by ourselves or representatives. _we_ are therefore slaves.' "further, 'indeed nations in general are more apt to _feel_ than to _think_; and therefore nations in general have lost their liberty: for as the violation of the rights of the governed are commonly not only _specious_, but _small_ at the beginning, they spread over the multitude in such a manner, as to touch individuals but slightly; thus they are disregarded. the power or profit that arises from these violations, _centering in a few persons_, is to them considerable. for this reason, the _governors_ having in view their particular purposes, successively preserve an uniformity of conduct for attaining them: they regularly increase and multiply the first injuries, till at length the inattentive people are compelled to perceive the heaviness of their burthen. they begin to complain and inquire--but too late. they find their oppressions so strengthened by success, and themselves so entangled in examples of express authority on the part of their rulers, and of tacit recognition on their own part, that they are quite confounded: for millions entertain no other idea of the _legality_ of power, than that it is founded on the exercise of power. they then voluntarily fasten their chains by adopting a pusillanimous opinion "that there will be too much danger in attempting a remedy"--or another opinion no less fatal, "that the government has a _right_ to treat them as it does." they then seek a wretched relief for their minds, by persuading themselves, that to yield their _obedience_, is to discharge their _duty_. the _deplorable_ poverty of spirit, that prostrates all the dignity bestowed by divine providence on our nature--of course succeeds.' "with regard to the proper conduct of the colonies on this occasion he premises the following questions: 'has not the parliament _expressly avowed_ their _intention_ of raising money from us for _certain_ purposes? is not this scheme _popular_ in great britain? will the taxes imposed by the late act, _answer_ those purposes? if it will, must it not take an immense sum from us? if it will not, is it to be _expected_, that the parliament will not _fully execute_ their _intention_, when it is pleasing at home, _and not opposed_ here? must not this be done by imposing _new taxes_? will not every addition thus made to our taxes, be an addition to the power of the british legislature, _by increasing the number of officers_ employed in the collection? will not every additional tax therefore render it _more difficult_ to abrogate any of them? when a branch of revenue is once established, does it not appear to many people _invidious_ and undutiful, to attempt to abolish it? if taxes sufficient to _accomplish_ the intention of the parliament, are imposed by the parliament, what taxes will remain to be imposed by our assemblies? if _no material_ taxes remain to be imposed by them, what must become of _them_, and the people they represent?' "our author all along, however, asserts that the real interest of english america consists in its proper dependence on the mother country, at the same time that he strenuously exhorts his countrymen to oppose, by all the suitable means in their power, every incroachment on those constitutions under the sanction of which they settled on those remote and uncultivated shores, whereon they have so industriously established themselves. he remarks with a spirit which no one, it is apprehended, can condemn: 'i am no further concerned in anything affecting america, than any one of you; and when liberty leaves it, i can quit it much more conveniently than most of you: but while divine providence, that gave me existence in a land of freedom, permits my head to think, my lips to speak, and my hands to move, i shall so highly and gratefully value the blessing received, as to take care, that my silence and inactivity shall not give my implied assent to any act, degrading my brethren and myself from the birthright, wherewith heaven itself "hath made us free.' "the consequence of great britain exerting this disagreeable power, he shews, in a long train of arguments, to have a tendency very fatal to the liberty of america, which he illustrates by examining into the application of the pensions on the irish establishment; and sums up his reasoning with the following positions: 'let these _truths_ be indelibly impressed on our mind--_that we cannot be_ happy, _without being_ free--that we cannot be free, _without being secure_--in our property--that we cannot be secure in our property, if, _without our consent, others may, as by right, take it away--that taxes imposed on us by parliament_, do thus take it away--that _duties laid for the sole purposes of raising money_, are taxes--that attempts to lay such duties _should be instantly and firmly opposed_--that this opposition can never be effectual, unless it is the united effort of those provinces--that therefore _benevolence of temper towards each other_, and _unanimity of counsels_, are essential to the welfare of the whole--and lastly, that for this reason, every man amongst us, who in any manner would encourage either dissention, diffidence, or indifference, between these colonies, is an enemy to _himself_, and to _his country_. 'the belief of these truths, i verily think, my countrymen, is indispensably necessary to your happiness. i beseech you, therefore, "teach them diligently unto your children, and talk of them when you sit in your houses, and when you walk by the way, and when you lie down and when you rise up." '_what_ have these colonies to _ask_, while they continue free? or what have they to _dread_, but insidious attempts to subvert their freedom? _their prosperity_ does not depend on _ministerial favours doled_ out to particular provinces. _they_ form one political body, of which _each_ colony is a _member_. _their happiness_ is founded on their constitution; and is to be promoted by preserving that constitution in unabated vigour, _throughout every part_. a spot, a speck of decay, however small the limb on which it appears, and however remote it may seem from the vitals, should be alarming. we have _all the rights_ requisite for our prosperity. the _legal authority_ of great britain may indeed lay hard restrictions upon us; but, like the spear of telephus, it will cure as well as wound. her unkindness will instruct and compel us, after some time to discover, in our _industry_ and _frugality_, surprising remedies--_if our rights continue_ unviolated: for as long as the _products_ of our _labour_, and the _rewards_ of our _care_, can properly be called _our own_, so long will it be worth our while to be _industrious_ and _frugal_. but if we plow--sow--reap--gather and thresh--we find, that we plow--sow--reap--gather and thresh _for others_, whose pleasure is to be the sole limitation _how much_ they shall _take_ and _how much_ they _shall leave_, why should we repeat the unprofitable toil? horses and oxen are content with _that portion of the fruits of their work_, which their _owners_ assign to them, in order to keep them strong enough to raise successive crops; but even _these beasts_ will not submit to draw for their masters, until they are _subdued_ with _whips_ and _goads_. let us take care of our rights, and we _therein_ take care of our _property_. "slavery is ever preceded by sleep." _individuals_ may be _dependent_ on ministers if they please. _states should scorn it_; and if _you_ are not wanting to yourselves, you will have a _proper regard_ paid _you_ by _those_, to whom if you are not _respectable_, you will infallibly be contemptible. but--_if we have already forgot_ the _reasons_ that urged us, with unexampled unanimity, to exert ourselves two years ago--if _our zeal_ for the _public good_ is _worn out_ before the _homespun cloaths_ which it caused us to have made--if _our_ resolutions are so faint, as by our present conduct to _condemn_ our own late _successful_ example--if _we are not affected_ by any reverence for the memory of our ancestors, who transmitted to us that freedom in which they had been blest--if _we are not animated_ by any regard for posterity, to whom, by the most sacred obligations, we are bound to deliver down the invaluable inheritance--then, indeed, any _minister_, or any _tool_ of a minister, or any _creature_ of a tool of a minister--or any _lower instrument_ of _administration_, if lower there be, is a _personage_ whom it may be dangerous to offend.' "in justification of the letter-writer's loyalty, and the integrity of his intentions, he declares in a note: 'if any person shall imagine that he discovers in these letters the least disaffection towards our most excellent sovereign, and the parliament of great britain, or the least dislike of the dependence of these colonies on that kingdom, i beg that such person will not form any judgment on _particular expressions_, but will consider the _tenour_ of all the letters taken together. in that case, i flatter myself that every unprejudiced reader will be _convinced_, that the true interests of great britain are as dear to me as they ought to be to every good subject. 'if i am an enthusiast in anything, it is in my zeal for the _perpetual dependance_ of these colonies on the mother country.--a dependance founded on mutual benefits, the continuance of which can be secured only by _mutual affections_. therefore it is, that with extreme apprehension i view the smallest seeds of discontent, which are unwarily scattered abroad. fifty or sixty years will make astonishing alterations in these colonies; and this consideration should render it the business of great britain more and more to cultivate our good dispositions toward her: but the misfortune is, that those _great men_, who are wrestling for power at home, think themselves very slightly interested in the prosperity of their country _fifty_ or _sixty_ years hence; but are deeply concerned in blowing up a popular clamour for supposed _immediate advantages_. 'for my part, i regard great britain as a _bulwark_ happily fixed between these colonies and the powerful nations of europe. that kingdom is our advanced post or fortification, _which remaining safe_, we under its protection enjoying peace, may diffuse the blessings of religion, science, and liberty, through remote wildernesses. it is, therefore, incontestably our _duty_ and our _interest_ to support the strength of great britain. when, confiding in that strength, she begins to forget from whence it arose, it will be an easy thing to shew the source. she may readily be reminded of the loud alarm spread among her merchants and tradesmen, by the universal association of these colonies, at the time of the _stamp-act_, not to import any of her manufactures. in the year 1718, the russians and swedes entered into an agreement, not to suffer great britain to export any naval stores from their dominions, but in russian or swedish ships, and at their own prices. great britain was distressed. _pitch_ and _tar_ rose to _three pounds_ a barrel. at length she thought of getting these articles from the colonies; and the attempt succeeding, they fell down to fifteen shillings. in the year 1756, great britain was threatened with an invasion: an easterly wind blowing for six weeks, she could not man her fleet; and the whole nation was thrown into the utmost consternation. the wind changed. the american ships arrived. the fleet sailed in ten or fifteen days. there are some other reflections on this subject worthy of the most deliberate attention of the british parliament; but they are of such a nature that i do not chuse to mention them publicly. i thought i discharged my duty to my country, by taking the liberty, in the year 1765, while the _stamp-act_ was in suspence, of writing my sentiments to a man of the greatest influence at home, who afterwards distinguished himself by espousing our cause in the debates concerning the repeal of that act.' "when we review a performance well written, and founded upon laudable principles, if we do not restrain ourselves to a general approbation, which may be given in few words, the article will unavoidably contain more from the author of it, than from ourselves; this, if any excuse is needful for enabling our readers, in some measure, to judge for themselves, is pleaded as an apology for our copious extracts from these excellent letters. to conclude; if _reason_ is to decide between us and our colonies, in the affairs here controverted, our author, whose name the advertisements inform us is dickenson,[7] will not perhaps easily meet with a satisfactory refutation." [7] of pennsylvania. see his dispute with mr. galloway, review, vol. xxxii. p. 67. letters from a farmer. letters from a farmer in _pennsylvania_, to the inhabitants of the british colonies. boston: printed by mein and fleeming, and to be sold by john mein, at the london book-store, north-side of king-street. m dcc lxviii. letters from a farmer. letter i. _my dear countrymen_, i am a farmer, settled after a variety of fortunes, near the banks, of the river _delaware_, in the province of _pennsylvania_. i received a liberal education, and have been engaged in the busy scenes of life: but am now convinced, that a man may be as happy without bustle, as with it. my farm is small, my servants are few, and good; i have a little money at interest; i wish for no more: my employment in my own affairs is easy; and with a contented grateful mind, i am compleating the number of days allotted to me by divine goodness. being master of my time, i spend a good deal of it in a library, which i think the most valuable part of my small estate; and being acquainted with two or three gentlemen of abilities and learning, who honour me with their friendship, i believe i have acquired a greater share of knowledge in history, and the laws and constitution of my country, than is generally attained by men of my class, many of them not being so fortunate as i have been in the opportunities of getting information. from infancy i was taught to love humanity and liberty. inquiry and experience have since confirmed my reverence for the lessons then given me, by convincing me more fully of their truth and excellence. benevolence towards mankind excites wishes for their welfare, and such wishes endear the means of fulfilling them. those can be found in liberty alone, and therefore her sacred cause ought to be espoused by every man, on every occasion, to the utmost of his power: as a charitable but poor person does not withhold his _mite_, because he cannot relieve _all_ the distresses of the miserable, so let not any honest man suppress his sentiments concerning freedom, however small their influence is likely to be. perhaps he may "[8]touch some wheel" that will have an effect greater than he expects. [8] pope. these being my sentiments, i am encouraged to offer to you, my countrymen, my thoughts on some late transactions, that in my opinion are of the utmost importance to you. conscious of my defects, i have waited some time, in expectation of seeing the subject treated by persons much better qualified for the task; but being therein disappointed, and apprehensive that longer delays will be injurious, i venture at length to request the attention of the public, praying only for one thing,--that is that these lines may be _read_ with the same zeal for the happiness of british america, with which they were _wrote_. with a good deal of surprise i have observed, that little notice has been taken of an act of parliament, as injurious in its principle to the liberties of these colonies, as the stamp-act was: i mean the act for suspending the legislation of new-york. the assembly of that government complied with a former act of parliament, requiring certain provisions to be made for the troops in america, in every particular, i think, except the articles of salt, pepper, and vinegar. in my opinion they acted imprudently, considering all circumstances, in not complying so far, as would have given satisfaction, as several colonies did: but my dislike of their conduct in that instance, has not blinded me so much, that i cannot plainly perceive, that they have been punished in a manner pernicious to american freedom, and justly alarming to all the colonies. if the british parliament has a legal authority to order, that we shall furnish a single article for the troops here, and to compel obedience to that order; they have the same right to order us to supply those troops with arms, cloaths, and every necessary, and to compel obedience to that order also; in short, to lay _any burdens_ they please upon us. what is this but _taxing_ us at a _certain sum_, and leaving to us only the _manner_ of raising it? how is this mode more tolerable than the stamp act? would that act have appeared more pleasing to americans, if being ordered thereby to raise the sum total of the taxes, the mighty privilege had been left to them, of saying how much should be paid for an instrument of writing on paper, and how much for another on parchment? an act of parliament commanding us to do a certain thing, if it has any validity, is a tax upon us for the expence that accrues in complying with it, and for this reason, i believe, every colony on the continent, that chose to give a mark of their respect for great-britain, in complying with the act relating to the troops, cautiously avoided the mention of that act, lest their conduct should be attributed to its supposed obligation. the matter being thus stated, the assembly of _new-york_ either had, or had not a right to refuse submission to that act. if they had, and i imagine no american will say, they had not, then the parliament had no _right_ to compel them to execute it.--if they had not _that right_, they had _no right_ to punish them for not executing it; and therefore had _no right_ to suspend their legislation, which is a punishment. in fact, if the people of _new-york_ cannot be legally taxed but by their own representatives, they cannot be legally deprived of the privileges of making laws, only for insisting on that exclusive privilege of taxation. if they may be legally deprived in such a case of the privilege of making laws, why may they not, with equal reason, be deprived of every other privilege? or why may not every colony be treated in the same manner, when any of them shall dare to deny their assent to any impositions that shall be directed? or what signifies the repeal of the stamp-act, if these colonies are to lose their _other_ privileges, by not tamely surrendering that of _taxation_? there is one consideration arising from this suspicion, which is not generally attended to, but shews its importance very clearly. it was not _necessary_ that this suspension should be caused by an act of parliament. the crown might have restrained the governor of _new-york_, even from calling the assembly together, by its prerogative in the royal governments. this step, i suppose, would have been taken, if the conduct of the assembly of _new-york_, had been regarded as an act of disobedience _to the crown alone_: but it is regarded as an act of "disobedience to the authority of the british legislature." this gives the suspension a consequence vastly more affecting. it is a parliamentary assertion of the _supreme authority_ of the _british legislature_ over these colonies in _the part of taxation_; and is intended to compel _new-york_ unto a submission to that authority. it seems therefore to me as much a violation of the liberty of the people of that province, and consequently of all these colonies, as if the parliament had sent a number of regiments to be quartered upon them till they should comply. for it is evident, that the suspension is meant as a compulsion; and the _method_ of compelling is totally indifferent. it is indeed probable, that the sight of red coats, and the beating of drums would have been most alarming, because people are generally more influenced by their eyes and ears than by their reason: but whoever seriously considers the matter, must perceive, that a dreadful stroke is aimed at the liberty of these colonies: for the cause of _one_ is the cause of _all_. if the parliament may lawfully deprive _new-york_ of any of its rights, it may deprive any, or all the other colonies of their rights; and nothing can possibly so much encourage such attempts, as a mutual inattention to the interest of each other. _to divide, and thus to destroy_, is the first political maxim in attacking those who are powerful by their union. he certainly is not a wise man, who folds his arms and reposeth himself at home, seeing with unconcern the flames that have invaded his neighbour's house, without any endeavours to extinguish them. when mr. _hampden's_ ship-money cause, for three shillings and four-pence, was tried, all the people of _england_, with anxious expectation, interested themselves in the important decision; and when the slightest point touching the freedom of a single colony is agitated, i earnestly wish, that all the rest may with equal ardour support their sister. very much may be said on this subject, but i hope, more at present is unnecessary. with concern i have observed that two assemblies of this province have sat and adjourned, without taking any notice of this act. it may perhaps be asked, what would have been proper for them to do? i am by no means fond of inflammatory measures. i detest them.----i should be sorry that any thing should be done which might justly displease our sovereign or our mother-country. but a firm, modest exertion of a free spirit, should never be wanting on public occasions. it appears to me, that it would have been sufficient for the assembly, to have ordered our agents to represent to the king's ministers, their sense of the suspending act, and to pray for its repeal. thus we should have borne our testimony against it; and might therefore reasonably expect that on a like occasion, we might receive the same assistance from the other colonies. "_concordia res parvæ crescunt._" small things grow great by concord.- a farmer. letter ii. _beloved countrymen_, there is another late act of parliament, which seems to me to be as destructive to the liberty of these colonies, as that inserted in my last letter; that is, the act for granting the duties on paper, glass, &c. it appears to me to be unconstitutional. the parliament unquestionably possesses a legal authority to _regulate_ the trade of _great-britain_, and all its colonies. such an authority is essential to the relation between a mother country and its colonies; and necessary for the common good of all. he, who considers these provinces as states distinct from the _british empire_, has very slender notions of _justice_ or of _their interests_. we are but parts of _a whole_; and therefore there must exist a power somewhere, to preside, and preserve the connection in due order. this power is lodged in the parliament; and we are as much dependant on _great-britain_, as a perfectly free people can be on another. i have looked over every _statute_ relating to these colonies, from their first settlement to this time; and i find every one of them founded on this principle, till the stamp-act administration[9]. _all before_ are calculated to preserve or promote a mutually beneficial intercourse between the several constituent parts of the empire; and though many of them imposed duties on trade, yet those duties were always imposed _with design_ to restrain the commerce of one part, that was injurious to another, and thus to promote the general welfare. the raising a revenue thereby was never intended. thus, the king by his judges in his courts of justice, imposes fines, which all together amount to a considerable sum, and contribute to the support of government: but this is merely a consequence arising from restrictions, which only meant to keep peace, and prevent confusion; and surely a man would argue very loosely, who should conclude from hence, that the king has a right to levy money in general upon his subjects; never did the _british parliament_, till the period abovementioned, think of imposing duties in america for the purpose of raising a revenue. mr. _greenville's_ sagacity first introduced this language, in the preamble to the 4th of geo. iii. ch. 15, which has these words--"and whereas it is just and necessary that a revenue be raised in your majesty's said dominions in america, _for defraying the expences of defending, protecting and securing the same_: we your majesty's most dutiful and loyal subjects, the commons of great britain, in parliament assembled, being desirous to make some provision in the present session of parliament, towards raising the said revenue in america, have resolved to give and grant unto your majesty the several rates and duties herein after mentioned," &c. [9] for the satisfaction of the reader, recitals from former acts of parliament relating to these colonies are added. by comparing these with the modern acts, he will perceive their great difference in expression and intention. the 12th cha. ii chap. 18, which forms the foundation of the laws relating to our trade, by enacting that certain productions of the colonies shall be carried to england only, and that no goods shall be imported from the plantations but in ships belonging to england, ireland, wales, berwick, or the plantations, &c. begins thus: "for the increase of shipping, and encouragement of the navigation of this nation, wherein, under the good providence and protection of god, the wealth, safety, and strength of this kingdom is so much concerned," &c. the 15th cha. ii. chap. 7. enforcing the same regulation, assigns these reasons for it. "in regard to his majesty's plantations, beyond the seas, are inhabited and peopled by his subjects of this his kingdom of england; for the maintaining a greater correspondence and kindness between them, and keeping them in a firmer dependence upon it, and rendering them yet more beneficial and advantageous unto it, in the further employment and increase of english shipping and seamen, vent of english woolen, and other manufactures and commodities, rendering the navigation to and from the same more safe and cheap, and making this kingdom a staple, not only of the commodities of those plantations, but also of the commodities of other countries and places for the supplying of them; and it being the usage of other nations to keep their plantations trade to themselves," &c. the 25th cha. ii. chap. 7, made expressly "for the better securing the plantation trade," which imposes duties on certain commodities exported from one colony to another, mentions this last for imposing them: "whereas by one act passed in the 12th year of your majesty's reign, intitled, an act for encouragement of shipping and navigation, and by several other laws, passed since that time, it is permitted to ship, &c. sugars, tobacco, &c. of the growth, &c. of any of your majesty's plantations in america &c. from the places of their growth, &c. to any other of your majesty's plantations in those parts, &c. and that without paying of custom for the same, either at the lading or unlading the said commodities, by means whereof the trade and navigation in those commodities from one plantation to another is greatly encreased, and the inhabitants of divers of those colonies, not contenting themselves with being supplied with those commodities for their own use, free from all customs (while the subjects of this your kingdom of england have paid great customs and impositions for what of them hath been spent here) but, contrary to the express letter of the aforesaid laws, have brought into diverse parts of europe great quantities thereof, and do also vend great quantities thereof to the shipping of other nations, who bring them into divers parts of europe, to the great hurt and diminution of your majesty's customs, and of the trade and navigation of this your kingdom; for the prevention thereof, &c." the 7th and 8th will. iii. chap. 21, intitled, "an act for preventing frauds, and regulating abuses in the plantation trade," recites that, "notwithstanding diverse acts, &c. great abuses are daily committed, to the prejudice of the english navigation, and the loss of a great part of the plantation trade to this kingdom, by the artifice and cunning of ill disposed persons: for remedy whereof, &c. and whereas in some of his majesty's american plantations, a doubt or misconstruction has arisen upon the before mentioned acts, made in the 25th year of the reign of charles ii. whereby certain duties are laid upon the commodities therein enumerated (which by law may be transported from one plantation to another, for the supplying of each others wants) as if the same were, by the payment of those duties in one plantation, discharged from giving the securities intended by the aforesaid acts, made in the 12th, 22d and 23d years of the reign of king charles ii. and consequently be at liberty to go to any foreign market in europe," &c. the 6th anne, chap. 37, reciting the advancement of trade, &c. and encouragement of ships of war, &c. grants to the captors the property of all prizes carried into america, subject to such customs and duties, &c. as if the same had been first imported into any part of great-britain, and from thence exported, &c. this was a gift to persons acting under commissions from the crown, and therefore it was reasonable that the terms prescribed should be complied with----more especially as the payment of such duties was intended to give a preference to the productions of the british colonies, over those of other colonies. however, being found inconvenient to the colonies, about four years afterwards, this act was, for that reason, so far repealed, by another act "all prize goods, imported into any part of great-britain, from any of the plantations, were liable to such duties only in great-britain, as in case they had been of the growth and produce of the plantations," &c. the 6th geo. ii. chap. 13, which imposes duties on foreign rum, sugar and molasses, imported into the colonies, shews the reason thus.--"whereas the welfare and prosperity of your majesty's sugar colonies in america, are of the greatest consequence and importance to the trade, navigation and strength of this kingdom; and whereas the planters of the said sugar colonies, have of late years fallen under such great discouragements that they are unable to improve or carry on the sugar trade, upon an equal footing with the foreign sugar colonies, without some advantage and relief be given to them from great-britain: for remedy whereof, and for the good and welfare of your majesty's subjects," &c. the 29th geo. ii. chap. 26. and the 1st geo. iii. chap. 9, which contains 6th geo. ii. chap. 13, declare, that the said act hath, by experience, been found useful and beneficial, &c. there are all the most considerable statutes relating to the commerce of the colonies; and it is thought to be utterly unnecessary to add any observations to these extracts, to prove that they were all intended solely as regulations of trade. a few months after came the _stamp-act_, which reciting this, proceeds in the same strange mode of expression, thus--"and whereas it is just and necessary, that provision be made for raising a further revenue within your majesty's dominions in america, towards defraying the said expences, we your majesty's most dutiful and loyal subjects, the commons of great-britain, &c. give and grant," &c. as before. the last act, granting duties upon paper, &c. carefully pursues these modern precedents. the preamble is, "whereas it is expedient that a revenue should be raised in your majesty's dominions in america, for making a more certain and adequate provision for the defraying the charge of the administration of justice, and the support of civil government in such provinces, where it shall be found necessary; and towards the further defraying the expences of defending, protecting and securing the said dominions, we your majesty's most dutiful and loyal subjects, the commons of great-britain, &c. give and grant," &c. as before. here we may observe an authority _expressly_ claimed to impose duties on these colonies; not for the regulation of trade; not for the preservation or promotion of a mutually beneficial intercourse between the several constituent parts of the empire, heretofore the _sole objects_ of parliamentary institutions; _but for the single purpose of levying money upon us_. this i call an[10] innovation; and a most dangerous innovation. it may perhaps be objected, that _great-britain_ has a right to lay what duties she pleases upon her[11] exports, and it makes no difference to us, whether they are paid here or there. [10] it is worthy observation how quickly subsidies, granted in forms usual and accustomable (tho' heavy) are borne; such a power hath use and custom. on the other side, what discontentment and disturbances subsidies formed on new moulds do raise (such an inbred hatred novelty doth hatch) is evident by examples of former times. lord coke's 2d institute, p. 33. [11] some people, whose minds seem incapable of uniting two ideas, think that great-britain has the same right to impose duties on the exports to these colonies, as on those to spain and portugal, &c. such persons attend so much to the idea of exportation, that they entirely drop that of the connection between the mother country and her colonies. if great-britain had always claimed, and exercised an authority to compel spain and portugal to import manufactures from her only, the cases would be parallel: but as she never pretended to such a right, they are at liberty to get them where they please; and if they chuse to take them from her, rather than from other nations, they voluntary consent to pay the duties imposed on them. to this i answer. these colonies require many things for their use, which the laws of _great-britain_ prohibit them from getting any where but from her. such are paper and glass. that we may be legally bound to pay any _general_ duties on these commodities, relative to the regulation of trade, is granted; but we being _obliged by her laws_ to take them from great britain, any _special_ duties imposed on their exportation _to us only, with intention to raise a revenue from us only_, are as much _taxes_ upon us, as those imposed by the _stamp-act_. what is the difference in _substance_ and _right_, whether the same sum is raised upon us by the rates mentioned in the stamp-act, on the _use_ of the paper, or by these duties, on the _importation_ of it. it is nothing but the edition of a former book, with a new title page. suppose the duties were made payable in _great-britain_? it signifies nothing to us, whether they are to be paid here or there. had the _stamp-act_ directed, that all the paper should be landed in _florida_, and the duties paid there, before it was brought to the _british colonies_, would the act have raised less money upon us, or have been less destructive of our rights? by no means: for as we were under a necessity of using the paper, we should have been under the necessity of paying the duties. thus, in the present case, a like _necessity_ will subject us, if this act continues in force, to the payment of the duties now imposed. why was the _stamp-act_ then so pernicious to freedom? it did not enact, that every man in the colonies _should_ buy a certain quantity of paper--no: it only directed, that no instrument of writing should be valid in law, if not made on stamp paper, &c. the makers of that act knew full well, that the confusions that would arise upon the disuse of writings would compel the colonies to use the stamp paper, and therefore to pay the taxes imposed. for this reason the _stamp-act_ was said to be a law that would execute itself. for the very same reason, the last act of parliament, if it is granted to have any force here, will execute itself, and will be attended with the very same consequences to _american liberty_. some persons perhaps may say, that this act lays us under no necessity to pay the duties imposed, because we may ourselves manufacture the articles on which they are laid: whereas by the stamp-act no instrument of writing could be good, unless made on british paper, and that too stampt. such an objection amounts to no more than this, that the injury resulting to these colonies, from the total disuse of british paper and glass, will not be _so afflicting_ as that which would have resulted from the total disuse of writing among them; for by that means even the stamp-act might have been eluded. why then was it universally detested by them as slavery itself? because it presented to these devoted provinces nothing but a choice of calamities, imbittered by indignities, each of which it was unworthy of freemen to bear. but is no injury a violation of right but the _greatest_ injury? if the eluding the payment of the duties imposed by the stamp-act, would have subjected us to a more dreadful inconvenience, than the eluding the payment of those imposed by the late act; does it therefore follow, that the last is no violation of our rights, though it is calculated for the same purpose that the other was, that is, _to raise money upon us_, without our consent? this would be making _right_ to consist, not in an exemption from _injury_, but from a certain _degree of injury_. but the objectors may further say, that we shall sustain no injury at all by the disuse of british paper and glass. we might not, if we could make as much as we want. but can any man, acquainted with america, believe this possible? i am told there are but two or three _glass-houses_ on this continent, and but very few _paper-mills_; and suppose more should be erected, a long course of years must elapse, before they can be brought to perfection. this continent is a country of planters, farmers, and fishermen; not of manufacturers. the difficulty of establishing particular manufactures in such a country, is almost insuperable, for one manufacture is connected with others in such a manner, that it may be said to be impossible to establish one or two, without establishing several others. the experience of many nations may convince us of this truth. inexpressible therefore must be our distresses in evading the late acts, by the disuse of british paper and glass. nor will this be the extent of our