The true ethical principle that should
govern the relation between the owner of property
and the person holding that property as a loan, does
not differ from the principle that is recognized as
prevailing in all the other relations of life.
The party to whom the service is rendered is under
obligation. The party served is the one who must
pay for the service. The party served must pay
in proportion to the amount of service rendered him.
If that service is great, then the payment must be
large. If the service is slight, then the payment
is small, and when there is no service then no payment
can be claimed.
This principle is recognized in all
worthy and upright transactions. It is the service
rendered that is rewarded in a court of justice.
An employe recovers his wages from his employer for
his services rendered. The condition of the employer’s
business does not enter into the count. It may
have been unprofitable or a great success but that
cannot affect the claim either way.
A physician charges for the services
given a patient. The recovery or death of the
patient can neither increase nor diminish them.
In service we always surrender something
of ourselves or of our own, and each knows the sacrifice
or effort he has made; he cannot know the value of
this to the other, and he need not know. Full
compensation is due from the party served but no compensation
is due when no service is given nor property surrendered.
The usurer’s whole claim is
for the service of his property. But he does
not surrender a particle of his wealth. He does
not become poorer in making his loan. He holds
all his wealth as fully as before, whether it be a
loan of money or grains or tools. There has been
no outgo of property for which, in any other relation,
he could claim a reward or compensation from his fellow.
He simply deposits his property with his fellow and
takes security for its safe keeping. It must
be preserved perfectly and restored fully.
When we consider the true principle,
that compensation is due always for services rendered,
the obligation is upon the lender for the care and
preservation of his property. The borrower in
any and every case gives a real and valuable service
in preservation and restoration at the end of the
term, while the lender renders no personal service
nor does he part with a particle of his wealth.
There is always a service rendered
in caring for and preserving the property of another.
It may be very great or it may be very small.
It may be so great that no one would undertake it
though the property should be freely given him.
In 1800 the “Faithful Steward”
was wrecked in Delaware bay near the shore. It
had on board a large number of passengers, emigrants,
who nearly all perished. Few lives were saved
and all the property was lost. One young man,
of the kin of the writer, swam ashore through the
breakers. Before he left the vessel an old man
offered him a stocking full of gold if he cared to
try and save it. Though young and vigorous he
would not undertake to try to save it for it.
This was an extreme case of risk and danger.
In another extreme case the service
may be very small, reduced to the minimum, for instance,
caring for the gold of another by locking it up in
a fire and burglar-proof safe. For this simple
service a comparatively small charge is made.
But caring for the property of another is always some
service that earns a reward great or small.
The nature of the service is not changed
and the principle still holds when the deposit is
made with a person who gives ample pledges for its
full return; the principle still holds when the deposit
is made in a farm and secured there by mortgage, making
it safer than in the iron vault.
The true ethical principle, equity
between man and man, requires that the holder of the
property of another shall be compensated by the owner
of the property for his services in caring for and
preserving it. The amount of compensation depends
on the difficult or favorable conditions attending
its care. These conditions greatly vary, perhaps
in no two cases are exactly alike, and so there can
be no fixed price or rate at which one will receive
and care for the property of another. The extreme
limit of liberality permitted is that he may care
for the property of another for nothing. He is
not permitted to pay a price for the privilege.
The revealed divine law, true ethics and equity and
duty of self preservation forbid him. Perfect
preservation of any amount, large or small, for any
time, long or short, whatever the incidental advantages
to the borrower, is the highest compensation a borrower
is permitted to give for any loan. The demand
for more than this by the owner is to be resisted
as unjust and oppressive.
An express company receives a package
of money for which it receipts and becomes responsible
and agrees to deliver to the owner at some distant
point. For this service it receives compensation
in accordance with the amount of service. If
the conditions are dangerous and the distance great
the charge is large. If the conditions are very
favorable and safe the charges are small.
If the amount of service is reduced
to the minimum, in rare cases, no charge may be made.
But that a price should be paid for the privilege
of caring for and conveying it, is inconsistent with
the management of an honest business. The purpose
would be either to rob the owner of his wealth or
to rob the employes of their services.
An insurance company undertakes to
protect a property for a term of years, to a distant
date. A rate is given for protection from a single
element, as fire. If all destructive agents are
included the rate is higher. The rate is higher
for a long than a short period. All the business
world recognize the value of this service and nearly
every kind of property may now be insured. The
premium is cheerfully paid by the owner of the property
for the service rendered him. It is a real and
valuable service to have his property protected, preserved,
or restored, so that it cannot be lost before the
distant date. It is conceivable that a property
might be so indestructible that the risk would be
practically nothing and a policy might be issued without
a premium, but that a price should be paid for the
privilege of protecting any property is utterly inconsistent
with rational insurance.
Now usury presumes to reverse this
ethical order and requires that the insurance company
shall pay the owner of the property for the privilege
of protecting it. Under usury the property given
into the care of another, and called a loan, must
be perfectly protected and preserved by the borrower,
restored if lost, and returned in full to the owner
at the agreed distant date, and a price paid for the
privilege of performing the service.
The true ethical principle and equity
in the relations between the owner of a property and
the one who holds, protects and preserves it, require
that the owner shall render to the holder a just compensation.
This will vary in different conditions, it may be very
small, it may in rare cases be entirely eliminated;
but they also utterly forbid that the party rendering
the service shall pay for the privilege of serving.
One may submit to an injustice in
order to gain an advantage. He can do better
for himself by submitting than by resisting. His
employer may be hard and oppressive but this is the
best job he can get and he holds on, but that does
not justify the oppressions of the employer up
to the breaking point. It may be to the advantage
of a borrower to submit to the exactions of usury,
that is, he may gain more wealth by borrowing upon
interest than not, but that does not relieve usury
of its oppression up to the breaking point when it
can no longer be endured. There is no better
ethical basis for low interest than high interest.
Low rates of interest are oppressions that may
be suffered or endured for a possible gain, but high
rates are intolerable. The principle is the same
whatever the rate of interest, whether it be low or
high. They only differ in the degrees of their
severity.