The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1844-10-24
MESSAGE.
Concluded.

The law has, in effect, declared the
taking of interest above six per cent. to
be wrong; but it has provided no ade-
quate remedy for it. The remedy, by
che process provided in the statute, is
practically no remedy at all, for in no
cases can Il be made available, except
ing those in which accident shall cradle
borrower, whose necessities have CON-
PEELED him to submit to the illegal exac'
ton, to prove by common law evidence,
what so much pains are always takenby
the lender to conceal, and which the
borrower, in the agony of his necessity,
is willing should be concealed Does
not consistency oflegislaton suggest the
propriety of either repeating the law in
question, or authorizing its enforcement
by process suited to the case, and in
dispensable to give the law effect? To
do this by the process suggested, would
seem to be liable to no valid objection.
This is a subject Of much general i'm
portence. The manifest tendency of the
practice Of eXacting unla wiuI interest is,
in the first place, to beget contempt of
the law, aud sharpen ingenuity for its
evasion, The general tendency of which
is extremely pernicious, but, in the sec
ond place, and mainly, to increase exis-
ting inequalities in the condition Of the
people, to make the rich richer, and
the poor poorer,-to leave the necessit'
Gus to become the victims of the tempta-
ton to borrow on long credit, upon an
Interest which seldom fails to complete
their ruin N Notwithstanding the tacill-
ties for bank accommodations IA mode
of borrowing which begets habits Of
promptness, and cherishes a sense OF
honor highly useful to the community
il is believed that the practice OF loaning
upon unlawful interest, prevails to an eX-
tent, and produces results, which may
we'll claim the earnest consideration OF
the legislature.
The subject oflicences for thesa'c ofin-
toxicating liquors, has come to occupy so
much OF the public attention, and lnvol-
YES Il question of such deep interest to
the community, that | cannot deem my
duty discharged without inviting your
attention to it.
1t is principle fundamental in our gov
eminent, that it is instituted "for the
common benefit, protection and security
of tho people" The correctness of this
principle, asserted in our bill of rights,
will, Of course, be conceded by all. In
regard, therefore, to the act of the gov
ernme Mt in licensing the traffic in intoxl-
eating liquors, the great question would
seem to be, whether such traffic Is for
the "common benefit" This question
is, at present, in effect submitted to the
decision of the courts in the several coun-
ties, through whom alone, licenses can
be granted There seems, however, to
be prevailing sentiment that the pow
er of license should not remain in the
courts, but that it should, in some way,
be brought nearer to the people. In
this sentiment concur. The people
are the source Of power. They know
whether the traffic in question is for
their benefit, and are fully competent to
decide the question for the mselVes, with
out the Intervention Of the judicial tribu>
mails. 1t is submitted to you, therefore,
whether it be not practicable to make
some satisfactory provision by law, for
sending the question of licenses directly
to them, and thus relieve the courts and
the legislature from further trouble on
the subject. Whether any, and what
provisions sh all be made, your wisdom
will determine. live would avail our
selves oil the benefits of experience,
mhich it is always useful to consult, we
have an example in Massachusetts,
which it may be wise to consider. The
experiment of committing the whole sub.
icct to Commissioners, appointed by the
people in the several counties, with au-
thority to grant licences to such extent
as they may deem the public good to re-
ouire, seems to have given general salts
faction in that State. Should this be
deemed an appropriate mode of giving
effect to the peoples wishes, 1t would
aid the important purpose of removing
the elections of Commissioners in the
several counties as far as possible from
the disturbing influence of party politics,
to have them holden on a day devoted
solely to that object, and as far removed
in point Of time, from every other cleo
ton, as the question itself ought to be
separated from, and elevated above the
party contests Of the day.
There is another question connected
with this subject, which seems 10 demaa(
attention. it has been decided by thu
Supreme Court that Justices Of the peace
have no jurisdiction orofences against TIT
licence laws. County coutIs have, there
fore, exclusive jurisdiction; and the re
suit is, that, in practice, prosecution
for such offences are instituted but ono