Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1844-10-17


inheritance isomih, net hat railroads aIe ap'
pro,eh,nc oursia,e.a mt no disian, day.wo may
homo 10 pass through (Which will great
lv enhance The value oforr agriculture, rs
q a. our mncril predictions u ~
,r,nste to throw into lh s. improved cbao.
nel. Of communication with the grea, mar
L,4. 81 ,!.a world, ;hc productions Of 81
ouiekcned by the application Of agricultural
science. to doubling OF It's prcscn, power.
and cultivated wuh the augmented energy
which these facilities cannot fail 10 cx-
cite
In the exercise Of that care which regards
the Interests Of all, YOU may no, deem II IN
appropriate or unnecessary, 10 cons lder,
whether additional legislation is no, requir'
cl for protection against the cxac,ions ofun-
lawful Interest Our law relating 10 this
spbicc, declares tha, interest shall be lini'
tel 10 the rate OF per cent per annum; and
aro,,d.s ioi the recovering tack m an ac'
lion for money had aud received or goods
sod and delivered, of any amount paid n
bove that rate /, is worthy OF consideration
whether the remedy ought not to be extern
ded. so ms TO authorize recovery OF the a.
mount thus paid, BY proceeding in chan
Gerry.
The law has. in effect. DECLARED the Ia
king Of interest above six per cent 10 be
wrong; but it has provided no adequate rem
eiv fori it. The remedy by the process pro-
vided in the statute, is practically no remedy
at all for in no cases can it be made availa.
bic, excepting those which accident shall
enable borrower whose necessities have
compelled him 10 submit 10 the Illegal exac-
ton, to prove by common law evidence.
what so much pains are always taken by
the lender TO conceal. and which the bor-
rover. IN the agony OF his necessity, is viii
ling should he concealed -Does not con
sistency of legislation suggests the proprir'
ty of either repeating the law ia question:
or nnlhorizng its enforcement by process
suited to TIE CASE and indispensable to give
the law effect? To do this by The process
suggested, would seem to be liable to no
valid objection.
This is subject of mrrh general impor.
lance. The manifest tendency of the prac-
tice of exacting unlawful interest is in the
first place, TO beget contempt of law, !
and sharpen ingenuity for its evasion. the
general tendency Of which is extremely
but in the second place, and
increase existing inequalities inthe
condition ofthe people to make the rich
rIchcr and the poor pooter,-to leave The |
1eccssllons to become the victims of The |
empa,ion TO borrow on long credit, upon
IN inlcres. which seldom fails 10 complete
heir ruin. Notwithstanding the facilities
Tor bnnk accommodations mode of bor-
owing which begets habits of promptness,
md cherishes sense of honor highly use.
nj to the community-it is believed that the
practice OF ioanino upon unlawful interest, {
'revalls 10 an extent and produces results
which may well claim the earnest coaside-
alton OF the legislature.
The subject of licences for the sale of in
oxicaing liquors, has come to occupy much
IT the public attention, and involves a aues-
ION ct such deep interest 10 the community,
hat l cannot deem my duty discharged
without inviting your attention To it.
1t is principle fundamental in our gov
that it is Instituted ''for the com
non benefit protection and security of the
people" The correctness ofths principle.
asserted in our bill of rights, will, Of course,
De conceded by all. In regard, therefore.
o the act of the government in licensing the
raftic IN intoxicating liquors, the great Dues
ion would seem to be- whether such traffic
s forthe ''common benefit" This ones.
ion, is, at present, in effect. submitted to the
lec'son of the courts in TIE several coun.
les, through whom alone, licenses can be
granted. There seems, however. to be
prevailing sentiment that the power of Ii.
,ense should not remain in the courts bu,
mat 1t shonfd, in some way; be brought
nearer the people. In this sentiment 1 con.
,ur. The people are the source of power
They know whether the traffic in question
S for their benefit, and are fully competent
o decide the question for themselves with
,ut the intervention of the judicial tribunals.
It's submitted to you, therefore, whether II
De not practicable to make some satisfactory
provision by law, for sending the question Of
licenses directly to them, and thus relieve
he courts and the legislature from further
rouble on the subject. Whether any. and
what provision shall be made your wisdom
hall determine If we would avail our.
elvcs ofthe benefits Of experience, which it
always useful to consult, we have an ex.
nipple IN Massachusetts, which il may be
wise 10 consider. The experiment OF com.
hitting the whole SUBJECT TO Commissioners,
ppolnted by the people in the several coun,
lcs, with authority to gran, licenses TO such
xtent as they may deem the public good
o require, seems 10 have given general sat
action in that state. Should this be deem.
d an appropriate mode ofgiving effect to
he peoples wishes, it would aid the lmpor-
ant purpose of removing the elections Of
Commissioners in the several counties as far
S pos'lnle from The disturbing influence of
'any politics to have'hem ho!!en on a a1y
pvo,cd solely to thai ob;ac, ond =.