The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1844-10-16

actions oil unlawful interests. Our LAY
relating to this subject declares, that in
terest shall be limited to the rate of 81
per centum per annum and provides 70
the recovering back, in an action for mon
ey had and received or goods sold an
delivered, ofany amount paid above tina
rate IL is worthy of consideration wheth
er the remedy ought not to be extended
SO as 10 authorize recovery of the a
mount thus paid, by proceeding in chan
Gerry.
The law has, in effect, declared tn
taking of interest above six per cent. t.
be wrong; but it has provided no ade
quate remedy for it. The remedy, by tn,
process provided in the statute, is practi
cally no remedy at all, for in no cases car
it be made available, excepting those III
which accident shall enable borrower
whose necessities have compelled him tc
submit to the illegal exaction, to prove
by common law evidence, what so much
pains are always taken by the lender to
conceal, and which the borrower, in the
agony of his necessity, is willing should
be concealed.-Does not consistency oil
Legislation suggest the propriety of either
repeating the law in question, or authoriz-
ing its enforcement by process suited to
the 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 much general impor-
lance. The manifest tendency of the
practice of exacting unlawful interest is,
in the first place to beget contempt OF
the law, and sharpen ingenuity for its eva
sion, the general tendency of which is ex-
tremely pernicious,-but, in the second
place, and mainly, to increase existing in
equalities in the condition of the people,
to make the rich richer, and the poor
poorer, to leave the the necessitous to
become the vitims of the temptation to
borrow ON long credit, upon an interest
which seldom fails to complete their ruin,
Notwithstanding the facilities for bank
Accommodations mode of borrowing
which begets habits of promptness, and
cherishes sense ofhonor highly useful to
the community-it is believed that the
practice Of loaning upon unlawful inter-
est, prevails to an extent, and produces
results, which may well claim the earnest
consideration of the legislature.
The subject of licences for the sale of
Intoxicating liquors, has come to occupy
so much ofthe public attention, and in
volvs aquestion of such deep interest to
the community, that deem my duty dis
charged without inviting your attention
to it.
1t is principle fundamental in our
government, that it is instituted for the
common benefit, protection and security
of the 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 govern
ment in licensing the traffic in intoxica-
ting 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 counties,
through whom alone, licenses can be
granted. There seems, however, to be a
prevailing sentiment that the power of IL
cense 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
themselves, without the Intervention ofthe
Judicial tribunals. 1t is submitted to YOU.
therefore, whether it be not,practicable to
make some satisfactory provision by law,
for sending the question of licenses di.
rectly to them, and thus relieve the courts
and the legislature from further trouble on
the subject. Whether any, and what
provision shall be made, your wisdom will
determine. If we would avail ourselves
of the benefits Of experience, which it is
always useful to consult, we have an ex-
ample i'll Massachusetts, which it may be
wise to consider. The experiment of
committing the whole subject to Commits
sioners. appointed by the people in the
several counties, with authority to grant
licences TO such extent as they may deem
the public good to require, seems to have
given general satisfaction in that state
Should this be deemed an appropriate
mode of giving effect TO the peoples wish
es, it would aid the important purpose
of removing the elections of Commiss-
toner's in the several counties as far as
possible from the disturbing influence of
party politics, to have them holden on
day devoted solely to that object, and as
far removed, in poin: of time, from every
other election, 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 to demand
attention. 1t has been decided BY the
Supreme Court that justices of the peace
have not jurisdiction Of offences against
The licence laws. County courts have.
therefore, exclusive jurisdiction and the
result is, that, in practice, for such often
ces are instituted but once in each year
grand juries being usually no oftener
and States attornies, l believe,
seldom, if ever, in such cases, filing in
formations The ohvi ous d;ff;;cpIty Of