Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-07-22

gratuitous, and that rho plaintiff was 10 tn
his work as u confederation .or his put.,,,,,
down his shop.
The terms OF this loan appear to have
been variousiy understood. The defendant
says he was 10 rcce We no interest for i,
the answer Ga ano,li> 4 party states that the
defendant was TO receive legal interest and.
the plaintiff AYERS that he was to give four
lor five times as much> as legal interest.
Here are three opinions conflicting with
each other which are we tobeiieve? For.
my own part do suppose that the third
party states the contract as he heard of il.
but he knew nothIng about it, in reality.
here was a secretart,Cle to this triple al
rance, with which only two of the CONTRACT
ting parties were acquain' ed. shalt there
tore leave this answer cut Of the dispute.
1t has come to this then, that the Solemn
oath OF the plaintiff and the defendant, ar.
in direct opposition. This Is an awkward,
an interesting, and an awful situation, for
both parties. Which are we to believe,
We have no positive proof; we have oi,lv
circumstances and probabilities: to these
then must we resort; and upon these musc
we rely; for 1t is a rule of law, as well as
! OF reason, that when we have not the best
possible evidence, we must resort to that
which is the next best. Now what are the
probabilities upon this occasion Which
| is the most probable circumstance, that the
defendant should lend money without i'm
terest; or, that he should exact more than
| legal interest? Sir this is no time TO be ex-
}ercisng fastidious forbearance towards
the feeling of litigants. The competency or
beggary OF an honest man are involved in
this cause. What then, Irepeat, are the
probabilities upon this occasion! do nut
think, though may be mistaken, that there
is man in this court, nor even in this coun-
ty, nay, in the wide circle of the defendants
acquaintance, who will lay his hand upon
his heart, and declare that he conscienti-
ousiy believes'before his God, that he has
adhered to the truth in his answer IF it
was customary to call in auxiliary swear
ers, IT compurgators were now in fashion.
do not believe, with all his wealth, he
could obtain competent number to sup
port his oath. Sir, [ never could give into
that subtlety of reasoning, which reprobates
In the abstract, certain modes of conduct,
while 1t leaves untouched the character of
the person who may have been, nay, but too
surely is guilty. And therefore have al
ways adopted the opinion of most facetious
author. Whenever hear of very dir
ty action, immediately conclude, that the
man who committed il, must be very dir
| ty fellow"
From what sort OF man ought we look
tor gratuitous loans and unrewarded acts OF
benehcence and generosity ] can readily
say from what sort of man we ought not
to look for such actions. We ought not to
expect such liberality from man who SCI
cures his loan by deed of trust, s. endeavors
to sacrifice the property conveyed in trust, 50
soon as he thinks ne has sufficiently entang-
lea the man he pretends to have befrenAed
we ought not to expect such beDevolence
from man, the grand object of whose whole
lite has been 20 accumulate pelf, by any
means compatible with safety We ought
not 10 believe that he has been guilty of such
gross inconsistency, as TO have been betray-
ed, in any unguarded moment, into enc so-
ltafy act of disinterested friendship. We
should not do MIN such great injustice, as
! TO believe, that his mind was ever irradi--
ated by one enlarged thought, or that his
blossom ever sweIled with one generous e.
| motion. If 1T did not suit his present pur-
pose to confess, with much dt6idcnce and
confusion to be sure, that he has been gull
Sty OF friendly action, am rot certain
that he would not prosecute any man, as
detractiRg from his thriftinesS and good
husbandry, who should say, what hc has
sworn to, that he ever lent money without
interest. BY sordid attention to the ne
cessities ofhis fellow-men, he has acquired
the means of embarrassing his poor neighbors,
FIe has scentedhis prey among the brothers
( LOT his vicinage, and wherever poverty's
keen blast" had lowly bent the meek and
iunassuming peasant of the vale, so surely
has he marked him rs the victim of his
lawless cupidity. And is this the man who
te Is us he has put down his shop loaned
money without interest hired out stri-
ker at an undervaluc his blacksmith's
tools for little or nothing; and advanced
cash npon open accounts of dubious credit
Surely it cannnt be There must be some
leger-de- main in this business II Cannot
be The defendant, who has thrown of the
winiry torpor of his frozen soul, and comes
out the sleek and supple serpen; of the
spring Aud yet, sir, there has been no
transformation here: Ii is the same man
that we have always known and knowing
him, as VIC always have done, who will be-
lieve thar he has performed this incredible
act OF generosity II any person was to
assert TO me q physical or moral impossibi-
lity-was to tell me that yellow was blue,
or that green was red. or that the harsh
lgratings of 4 cart wheel were more plea
sing to him than the soft music of the fute,
or that the defendant had lent money with
out exactipg illegal interest and excessive
lsecuri'y, should certainly conclude that
bis senses we're disordered, or, that to serve
Isome purpose he WAS, guilty of deliberate
ifalgclpnl. fryn rrr~luetcr. v,,,-. -.