A LETTER ON THE PROPOSED CHANGE OF CURRENCY

_To the Editor of the Edinburgh Weekly Journal_

My dear Mr. Journalist--I am by pedigree a discontented person, so

that you may throw this letter into the fire, if you have any

apprehensions of incurring the displeasure of your superiors. I am, in

fact, the lineal descendant of Sir Mungo Malagrowther, who makes a

figure in the _Fortunes of Nigel_, and have retained a reasonable

proportion of his ill-luck, and, in consequence, of his ill-temper.

If, therefore, I should chance to appear too warm and poignant in my

observations, you must impute it to the hasty and peevish humour which

I derive from my ancestor. But, at the same time, it often happens

that this disposition leads me to speak useful, though unpleasant

truths, when more prudent men hold their tongues and eat their

pudding. A lizard is an ugly and disgusting thing enough; but,

methinks, if a lizard were to run over my face and awaken me, which is

said to be their custom when they observe a snake approach a sleeping

person, I should neither scorn his intimation, nor feel justifiable

in crushing him to death, merely because he is a filthy little

abridgment of a crocodile. Therefore, 'for my love, I pray you, wrong

me not.'

I am old, sir, poor, and peevish, and therefore I may be wrong; but

when I look back on the last fifteen or twenty years, and more

especially on the last ten, I think I see my native country of

Scotland, if it is yet to be called by a title so discriminative,

falling, so far as its national, or rather, perhaps, I ought now to

say its _provincial_, interests are concerned, daily into more

absolute contempt. Our ancestors were a people of some consideration

in the councils of the empire. So late as my own younger days, an

English minister would have paused, even in a favourite measure, if a

reclamation of national rights had been made by a member for Scotland,

supported as it uniformly then was, by the voice of her

representatives and her people. Such ameliorations in our peculiar

system as were thought necessary, in order that North Britain might

keep pace with her sister in the advance of improvement, were

suggested by our own countrymen, persons well acquainted with our

peculiar system of laws (as different from those of England as from

those of France), and who knew exactly how to adapt the desired

alteration to the principle of our legislative enactments, so that the

whole machine might, as mechanics say, work well and easily. For a

long time this wholesome check upon innovation, which requires the

assimilation of a proposed improvement with the general constitution

of the country to which it has been recommended, and which ensures

that important point, by stipulating that the measure shall originate

with those to whom the spirit of the constitution is familiar, has

been, so far as Scotland is concerned, considerably disused. Those who

have stepped forward to repair the gradual failure of our

constitutional system of law, have been persons that, howsoever

qualified in other respects, have had little further knowledge of its

construction than could be acquired by a hasty and partial survey,

taken just before they commenced their labours. Scotland and her laws

have been too often subjected to the alterations of any person who

chose to found himself a reputation, by bringing in a bill to cure

some defect which had never been felt in practice, but which was

represented as a frightful bugbear to English statesmen, who, wisely

and judiciously tenacious of the legal practice and principles

received at home, are proportionally startled at the idea of anything

abroad which cannot be brought to assimilate with them.

The English seem to have made a compromise with the active tendency to

innovation, which is one great characteristic of the day. Wise and

sagacious themselves, they are nervously jealous of innovations in

their own laws--_Nolumus leges Angliae mutari_, is written on the

skirts of their judicial robes, as the most sacred texts of Scripture

were inscribed on the phylacteries of the Rabbis. The belief that the

Common Law of England constitutes the perfection of human reason, is a

maxim bound upon their foreheads. Law Monks they have been called in

other respects, and like monks they are devoted to their own Rule, and

admit no question of its infallibility. There can be no doubt that

their love of a system, which, if not perfect, has so much in it that

is excellent, originates in the most praiseworthy feelings. Call it if

you will the prejudice of education, it is still a prejudice

honourable in itself, and useful to the public. I only find fault with

it, because, like the Friars in the Duenna monopolising the bottle,

these English monks will not tolerate in their lay brethren of the

north the slightest pretence to a similar feeling.

In England, therefore, no innovation can be proposed affecting the

administration of justice, without being subjected to the strict

enquiry of the Guardians of the Law, and afterwards resisted

pertinaciously, until time and the most mature and reiterated

discussion shall have proved its utility, nay, its necessity. The old

saying is still true in all its points--Touch but a cobweb in

Westminster Hall, and the old spider will come out in defence of it.

This caution may sometimes postpone the adoption of useful

amendments, but it operates to prevent all hasty and experimental

innovations; and it is surely better that existing evils should be

endured for some time longer, than that violent remedies should be

hastily adopted, the unforeseen and unprovided for consequences of

which are often so much more extensive than those which had been

foreseen and reckoned upon. An ordinary mason can calculate upon the

exact gap which will be made by the removal of a corner stone in an

old building; but what architect, not intimately acquainted with the

whole edifice, can presume even to guess how much of the structure is,

or is not, to follow?

The English policy in this respect is a wise one, and we have only to

wish they would not insist in keeping it all to themselves. But those

who are most devoted to their own religion have least sympathy for the

feelings of dissenters; and a spirit of proselytism has of late shown

itself in England for extending the benefits of their system, in all

its strength and weakness, to a country which has been hitherto

flourishing and contented under its own. They adopted the conclusion

that all English enactments are right; but the system of municipal law

in Scotland is not English, therefore it is wrong. Under sanction of

this syllogism, our rulers have indulged and encouraged a spirit of

experiment and innovation at our expense, which they resist

obstinately when it is to be carried through at their own risk.

For more than half of last century, this was a practice not to be

thought of. Scotland was during that period disaffected, in bad

humour, armed too, and smarting under various irritating

recollections. This is not the sort of patient for whom an

experimental legislator chooses to prescribe. There was little chance

of making Saunders take the patent pill by persuasion--main force was

a dangerous argument, and some thought claymores had edges.

This period passed away, a happier one arrived, and Scotland, no

longer the object of terror, or at least great uneasiness, to the

British Government, was left from the year 1750 under the guardianship

of her own institutions, to win her silent way to national wealth and

consequence. Contempt probably procured for her the freedom from

interference, which had formerly been granted out of fear; for the

medical faculty are as slack in attending the garrets of paupers as

the caverns of robbers. But neglected as she was, and perhaps

_because_ she was neglected, Scotland, reckoning her progress during

the space from the close of the American War to the present day, has

increased her prosperity in a ratio more than five times greater than

that of her more fortunate and richer sister. She is now worth the

attention of the learned faculty, and God knows she has had plenty of

it. She has been bled and purged, spring and fall, and _talked_ into

courses of physic, for which she had little occasion. She has been of

late a sort of experimental farm, upon which every political student

has been permitted to try his theory--a kind of common property, where

every juvenile statesman has been encouraged to make his inroads, as

in Moray land, where, anciently, according to the idea of the old

Highlanders, all men had a right to take their prey--a subject in a

common dissecting room, left to the scalpel of the junior students,

with the degrading inscription,--_fiat experimentum in corpore vili_.

I do not mean to dispute, Sir, that much alteration was necessary in

our laws, and that much benefit has followed many of the great changes

which have taken place. I do not mean to deprecate a gradual approach

to the English system, especially in commercial law. The Jury Court,

for example, was a fair experiment, in my opinion, cautiously

introduced as such, and placed under such regulations as might best

assimilate its forms with those of the existing Supreme Court. I beg,

therefore, to be considered as not speaking of the alterations

themselves, but of the apparent hostility towards our municipal

institutions, as repeatedly manifested in the course of late

proceedings, tending to force and wrench them into a similarity with

those of England.

The opinions of our own lawyers, nay, of our Judges, than whom wiser

and more honourable men never held that character, have been, if

report speaks true, something too much neglected and controlled in the

course of these important changes, in which, methinks, they ought to

have had a leading and primary voice. They have been almost avowedly

regarded not as persons the best qualified to judge of proposed

innovations, but as prejudiced men, determined to oppose them, right

or wrong. The last public Commission was framed on the very principle,

that if Scotch lawyers were needs to be employed, a sufficient number

of these should consist of gentlemen, who, whatever their talents and

respectability might be in other respects, had been too long estranged

from the study of Scottish law to retain any accurate recollection of

an abstruse science, or any decided partiality for its technical

forms. This was done avowedly for the purpose of evading the natural

partiality of the Scottish Judges and practitioners to their own

system; that partiality which the English themselves hold so sacred a

feeling in their own Judges and Counsel learned in the law. I am not,

I repeat, complaining of the result of the Commissions, but of the

spirit in which the alterations were undertaken. Unquestionably much

was done in brushing up and improving the old machinery of Scottish

Law Courts, and in making it move more rapidly, though scarce, I

think, more correctly than before. Dispatch has been much attended

to. But it may be ultimately found that the timepiece which runs

fastest does not intimate the hour most accurately. At all events, the

changes have been made and established--there let them rest. And had

I, Malachi Malagrowther, the sole power to-morrow of doing so, I would

not restore the old forms of judicial proceedings; because I hold the

constitution of Courts of Justice too serious matters to be put back

or forward at pleasure, like a boy's first watch, merely for

experiment's sake.

What I _do_ complain of is the general spirit of slight and dislike

manifested to our national establishments by those of the sister

country who are so very zealous in defending their own; and not less

do I complain of their jealousy of the opinions of those who cannot

but be much better acquainted than they, both with the merits and

deficiencies of the system, which hasty and imperfectly informed

judges have shown themselves so anxious to revolutionise.

There is no explanation to be given of this but one--namely, the

entire conviction and belief of our English brethren that the true

Themis is worshipped in Westminster Hall, and that her adorers cannot

be too zealous in her service; while she, whose image an ingenious

artist has depicted balancing herself upon a _tee-totum_ on the

southern window of the Parliament House of Edinburgh, is a mere

idol,--a Diana of Ephesus,--whom her votaries worship, either because

her shrine brings great gain to the craftsmen, or out of an ignorant

and dotard superstition, which induces them to prefer the old Scottish

_Mumpsimus_ to the modern English _Sumpsimus_. Now, this is not fair

construction in our friends, whose intentions in our behalf, we allow,

are excellent, but who certainly are scarcely entitled to beg the

question at issue without inquiry or discussion, or to treat us as the

Spaniards treated the Indians, whom they massacred for worshipping the

image of the Sun, while they themselves bowed down to that of the

Virgin Mary. Even Queen Elizabeth was contented with the evasive

answer of Melville, when hard pressed with the trying question,

whether Queen Mary or she were the fairest. We are willing, in the

spirit of that answer, to say that the Themis of Westminster Hall is

the best fitted to preside over the administration of the larger, and

more fertile country of beef and pudding; while she of the tee-totum

(placed in that precarious position, we presume, to express her

instability, since these new lights were struck out) claims a more

limited but equally respectful homage, within her ancient

jurisdiction--_sua paupera regna_--the Land of Cakes. If this

compromise does not appease the ardour of our brethren for converting

us to English forms and fashions, we must use the scriptural question,

"Who hath required these things at your hands?"

The inquiries and result of another Commission are too much to the

purpose to be suppressed. The object was to investigate the conduct of

the Revenue Boards in Ireland and Scotland. In the former, it is well

known, great mismanagement was discovered; for Pat, poor fellow, had

been playing the loon to a considerable extent. In Scotland, _not a

shadow of abuse prevailed_. You would have thought, Mr. Journalist,

that the Irish Boards would have been reformed in some shape, and the

Scotch Establishments honourably acquitted, and suffered to continue

on the footing of independence which they had so long enjoyed, and of

which they had proved themselves so worthy. Not so, sir. The Revenue

Boards, in both countries, underwent exactly the same regulation, were

deprived of their independent consequence, and placed under the

superintendence of English control; the innocent and the guilty being

treated in every respect alike. Now, on the side of Scotland, this was

like Trinculo losing his bottle in the pool--there was not only

dishonour in the thing, but an infinite loss.

I have heard two reasons suggested for this indiscriminating

application of punishment to the innocent and to the culpable.

In the first place, it was honestly confessed that Ireland would never

have quietly submitted to the indignity offered to her, unless poor

inoffensive Scotland had been included in the regulation. The Green

Isle, it seems, was of the mind of a celebrated lady of quality, who,

being about to have a decayed tooth drawn, refused to submit to the

operation till she had seen the dentist extract a sound and

serviceable grinder from the jaws of her waiting-woman--and her humour

was to be gratified. The lady was a termagant dame--the wench a

tame-spirited simpleton--the dentist an obliging operator--and the

teeth of both were drawn accordingly.

This gratification of his humours is gained by Pat's being up with the

pike and shillelagh on any or no occasion. God forbid Scotland should

retrograde towards such a state--much better that the Deil, as in

Burns's song, danced away with the whole excisemen in the country. We

do not want to hear her prate of her number of millions of men, and

her old military exploits. We had better remain in union with England,

even at the risk of becoming a subordinate species of Northumberland,

as far as national consequence is concerned, than remedy ourselves by

even hinting the possibility of a rupture. But there is no harm in

wishing Scotland to have just so much ill-nature, according to her own

proverb, as may keep her good-nature from being abused; so much

national spirit as may determine her to stand by her own rights,

conducting her assertion of them with every feeling of respect and

amity toward England.

The other reason alleged for this equal distribution of _punishment_,

as if it had been the influence of the common sun, or the general

rain, to the just and the unjust, was one which is extremely

predominant at present with our Ministers--the _necessity_ of

_Uniformity_ in all such cases; and the consideration what an awkward

thing it would be to have a Board of Excise or Customs remaining

independent in the one country, solely because they had, without

impeachment, discharged their duty; while the same establishment was

cashiered in another, for no better reason than that it had been

misused.

This reminds us of an incident, said to have befallen at the Castle of

Glammis, when these venerable towers were inhabited by a certain old

Earl of Strathmore, who was as great an admirer of uniformity as the

Chancellor of the Exchequer could have desired. He and his gardener

directed all in the garden and pleasure grounds upon the ancient

principle of exact correspondence between the different parts, so that

each alley had its brother; a principle which, renounced by gardeners,

is now adopted by statesmen. It chanced once upon a time that a fellow

was caught committing some petty theft, and, being taken in the

manner, was sentenced by the Bailie Macwheeble of the jurisdiction to

stand for a certain time in the baronial pillory, called the _jougs_,

being a collar and chain, one of which contrivances was attached to

each side of the portal of the great avenue which led to the castle.

The thief was turned over accordingly to the gardener, as

ground-officer, to see the punishment duly inflicted. When the Thane

of Glammis returned from his morning ride, he was surprised to find

both sides of the gateway accommodated each with a prisoner, like a

pair of heraldic supporters, _chained_ and _collared proper_. He asked

the gardener, whom he found watching the place of punishment, as his

duty required, whether another delinquent had been detected? "No, my

Lord," said the gardener, in the tone of a man excellently well

satisfied with himself,--"but I thought the single fellow looked very

awkward standing on one side of the gateway, so I gave half a crown to

one of the labourers to stand on the other side for _uniformity's

sake_." This is exactly a case in point, and probably the only one

which can be found--with this sole difference, that I do not hear that

the members of the Scottish Revenue Board got any boon for standing in

the pillory with those of Ireland--for uniformity's sake.

Lastly, sir, I come to this business of extending the provisions of

the Bill prohibiting the issue of notes under five pounds to Scotland,

in six months after the period that the regulation shall be adopted in

England.

I am not about to enter upon the question which so much agitates

speculative writers upon the wealth of nations, or attempt to discuss

what proportion of the precious metals ought to be detained within a

country; what are the best means of keeping it there; or to what

extent the want of specie can be supplied by paper credit: I will not

ask if a poor man can be made a rich one, by compelling him to buy a

service of plate, instead of the delf ware which served his turn.

These are questions I am not adequate to solve. But I beg leave to

consider the question in a practical point of view, and to refer

myself entirely to experience.

I assume, without much hazard of contradiction, that Banks have

existed in Scotland for near one hundred and twenty years--that they

have flourished, and the country has flourished with them--and that

during the last fifty years particularly, provincial Banks, or

branches of the principal established and chartered Banks, have

gradually extended themselves in almost every Lowland district in

Scotland; that the notes, and especially the small notes, which they

distribute, entirely supply the demand for a medium of currency; and

that the system has so completely expelled gold from the country of

Scotland, that you never by any chance espy a guinea there, unless in

the purse of an accidental stranger, or in the coffers of these Banks

themselves. This is granting the facts of the case as broadly as can

be asked.

It is not less unquestionable that the consequence of this Banking

system, as conducted in Scotland, has been attended with the greatest

advantage to the country. The facility which it has afforded to the

industrious and enterprising agriculturalist or manufacturer, as well

as to the trustees of the public in executing national works, has

converted Scotland from a poor, miserable, and barren country, into

one, where, if nature has done less, art and industry have done more,

than in perhaps any country in Europe, England herself not excepted.

Through means of the credit which this system has afforded, roads have

been made, bridges built, and canals dug, opening up to reciprocal

communication the most sequestered districts of the country--manufactures

have been established, unequalled in extent or success--wastes have

been converted into productive farms--the productions of the earth for

human use have been multiplied twentyfold, while the wealth of the rich

and the comforts of the poor have been extended in the same proportion.

And all this in a country where the rigour of the climate, and

sterility of the soil, seem united to set improvement at defiance. Let

those who remember Scotland forty years since, bear witness if I speak

truth or falsehood.

There is no doubt that this change has been produced by the facilities

of procuring credit, which the Scottish Banks held forth, both by

discounting bills, and by granting cash-accounts. Every undertaking of

consequence, whether by the public or by individuals, has been carried

on by such means; at least exceptions are extremely rare.

There is as little doubt that the Banks could not have furnished these

necessary funds of cash, without enjoying the reciprocal advantage of

their own notes being circulated in consequence, and by means of the

accommodation thus afforded. It is not to be expected that every

undertaking which the system enabled speculators or adventurers to

commence, should be well-judged, attentively carried on, or successful

in issue. Imprudence in some cases, misfortune in others, have had

their usual quantity of victims. But in Scotland, as elsewhere, it has

happened in many instances that improvements, which turned out ruinous

to those who undertook them, have, notwithstanding, themselves

ultimately produced the most beneficial advantages to the country,

which derived in such instances an addition to its general prosperity,

even from the undertakings which had proved destructive to the private

fortune of the projectors.

Not only did the Banks dispersed throughout Scotland afford the means

of bringing the country to an unexpected and almost marvellous degree

of prosperity, but in no considerable instance, save one, have their

own over-speculating undertakings been the means of interrupting that

prosperity. The solitary exception was the undertaking called the Ayr

Bank, rashly entered into by a large body of country gentlemen and

others, unacquainted with commercial affairs, and who had moreover the

misfortune not only to set out on false principles, but to get false

rogues for their principal agents and managers. The fall of this Bank

brought much calamity on the country; but two things are remarkable in

its history: First, that under its too prodigal, yet beneficial

influence, a fine county (that of Ayr) was converted from a desert

into a fertile land. Secondly, that, though at a distant interval, the

Ayr Bank paid all its engagements, and the loss only fell on the

original stockholders. The warning was, however, a terrible one, and

has been so well attended to in Scotland, that very few attempts seem

to have been afterwards made to establish Banks prematurely--that is,

where the particular district was not in such an advanced state as to

require the support of additional credit; for in every such case, it

was judiciously foreseen, the forcing a capital on the district could

only lead to wild speculation, instead of supporting solid and

promising undertakings.

The character and condition of the persons pursuing the profession

ought to be noticed, however slightly. The Bankers of Scotland have

been, generally speaking, _good_ men, in the mercantile phrase,

showing, by the wealth of which they have died possessed, that their

credit was sound; and _good_ men also, many of them eminently so, in

the more extensive and better sense of the word, manifesting, by the

excellence of their character, the fairness of the means by which

their riches were acquired. There may have been, among so numerous a

body, men of a different character, fishers in troubled waters,

capitalists who sought gain not by the encouragement of fair trade

and honest industry, but by affording temporary fuel to rashness or

avarice. But the number of upright traders in the profession has

narrowed the means of mischief which such Christian Shylocks would

otherwise have possessed. There was loss, there was discredit, in

having recourse to such characters, when honest wants could be fairly

supplied by upright men, and on liberal terms. Such reptiles have been

confined in Scotland to batten upon their proper prey of folly, and

feast, like worms, on the corruption in which they are bred.

Since the period of the Ayr Bank, now near half a century, I recollect

very few instances of Banking Companies issuing notes which have

become insolvent. One, about thirty years since, was the Merchant Bank

of Stirling, which never was in high credit, having been known almost

at the time of its commencement by the odious nickname of _Black in

the West_. Another was within these ten years, the East Lothian

Banking Company, whose affairs had been very ill conducted by a

villainous manager. In both cases, the notes were paid up in full. In

the latter case, they were taken up by one of the most respectable

houses in Edinburgh; so that all current engagements were paid without

the least check to the circulation of their notes, or inconvenience to

poor or rich, who happened to have them in possession. The Union Bank

of Falkirk also became insolvent within these fifteen years, but paid

up its engagements without much loss to the creditors. Other cases

there may have occurred, not coming within my recollection; but I

think none which made any great sensation, or could at all affect the

general confidence of the country in the stability of the system. None

of these bankruptcies excited much attention, or, as we have seen,

caused any considerable loss.

In the present unhappy commercial distress, I have always heard and

understood that the Scottish Banks have done all in their power to

alleviate the evils which came thickening on the country; and far from

acting illiberally, that they have come forward to support the

tottering credit of the commercial world with a frankness which

augured the most perfect confidence in their own resources. We have

heard of only one provincial Bank being even for a moment in the

predicament of suspicion; and of that copartnery the funds and credit

were so well understood, that their correspondents in Edinburgh, as in

the case of the East Lothian Bank formerly mentioned, at once

guaranteed the payment of their notes, and saved the public even from

momentary agitation, and individuals from the possibility of distress.

I ask what must be the stability of a system of credit of which such

an universal earthquake could not displace or shake even the slightest

individual portion?

Thus stands the case in Scotland; and it is clear any restrictive

enactment affecting the Banking system, or their mode of issuing

notes, must be adopted in consequence of evils, operating elsewhere

perhaps, but certainly unknown in this country.

In England, unfortunately, things have been very different, and the

insolvency of many provincial Banking Companies, of the most

established reputation for stability, has greatly distressed the

country, and alarmed London itself, from the necessary reaction of

their misfortunes upon their correspondents in the capital.

I do not think, sir, that the advocate of Scotland is called upon to

go further, in order to plead an exemption from any experiment which

England may think proper to try to cure her own malady, than to say

such malady does not exist in her jurisdiction. It is surely enough to

plead, 'We are well, our pulse and complexion prove it--let those who

are sick take physic.' But the opinion of the English Ministers is

widely different; for, granting our premisses, they deny our

conclusion.

The peculiar humour of a friend, whom I lost some years ago, is the

only one I recollect, which jumps precisely with the reasoning of the

Chancellor of the Exchequer. My friend was an old Scottish laird, a

bachelor and a humorist--wealthy, convivial, and hospitable, and of

course having always plenty of company about him. He had a regular

custom of swallowing every night in the world one of Dr. Anderson's

pills, for which reasons may be readily imagined. But it is not so

easy to account for his insisting on every one of his guests taking

the same medicine, and whether it was by way of patronising the

medicine, which is in some sense a national receipt, or whether the

mischievous old wag amused himself with anticipating the scenes of

delicate embarrassment, which the dispensation sometimes produced in

the course of the night, I really cannot even guess. What is equally

strange, he pressed the request with a sort of eloquence which

succeeded with every guest. No man escaped, though there were few who

did not make resistance. His powers of persuasion would have been

invaluable to a minister of state. 'What! not one _Leetle Anderson_,

to oblige your friend, your host, your entertainer! He had taken one

himself--he would take another, if you pleased--surely what was good

for his complaint must of course be beneficial to yours?' It was in

vain you pleaded your being perfectly well,--your detesting the

medicine,--your being certain it would not agree with you--none of the

apologies were received as valid. You might be warm, pathetic or

sulky, fretful or patient, grave or serious in testifying your

repugnance, but you were equally a doomed man; escape was impossible.

Your host was in his turn eloquent,--authoritative,--facetious,

--argumentative,--precatory,--pathetic, above all, pertinacious. No

guest was known to escape the _Leetle Anderson_. The last time I

experienced the laird's hospitality there were present at the evening

meal the following catalogue of guests:--a Bond-street dandy, of the most

brilliant water, drawn thither by the temptation of grouse-shooting--a

writer from the neighbouring borough (the lairds _doer_, I

believe),--two country lairds, men of reserved and stiff habits--three

sheep-farmers, as stiff-necked and stubborn as their own haltered

rams--and I, Malachi Malagrowther, not facile or obvious to persuasion.

There was also the Esculapius of the vicinity--one who gave, but

elsewhere was never known to _take_ medicine. All succumbed--each took,

after various degrees of resistance according to his peculiar fashion,

his own _Leetle Anderson_. The doer took a brace. On the event I

am silent. None had reason to congratulate himself on his complaisance.

The laird has slept with his ancestors for some years, remembered

sometimes with a smile on account of his humorous eccentricities, always

with a sigh when his surviving friends and neighbours reflect on his

kindliness and genuine beneficence. I have only to add that I hope he

has not bequeathed to the Chancellor of the Exchequer, otherwise so

highly gifted, his invincible powers of persuading folks to take

medicine, which their constitutions do not require.

Have I argued my case too high in supposing that the present intended

legislative enactment is as inapplicable to Scotland as a pair of

elaborate knee-buckles would be to the dress of a kilted Highlander? I

think not.

I understand Lord Liverpool and the Chancellor of the Exchequer

distinctly to have admitted the fact, that no distress whatever had

originated in Scotland from the present issuing of small notes of the

bankers established there, whether provincial in the strict sense, or

sent abroad by branches of the larger establishments settled in the

metropolis. No proof can be desired better than the admission of the

adversary.

Nevertheless, we have been positively informed by the newspapers that

Ministers see no reason why any law adopted on this subject should not

be imperative over all his Majesty's dominions, including Scotland,

_for uniformity's sake_. In my opinion they might as well make a law

that the Scotsman, for uniformity's sake, should not eat oatmeal,

because it is found to give Englishmen the heartburn. If an ordinance

prohibiting the oatcake, can be accompanied with a regulation capable

of being enforced, that in future, for uniformity's sake, our moors

and uplands shall henceforth bear the purest wheat, I for one have no

objection to the regulation. But till Ben Nevis be level with

Norfolkshire, though the natural wants of the two nations may be the

same, the extent of these wants, natural or commercial, and the mode

of supplying them, must be widely different, let the rule of

uniformity be as absolute as it will. The nation which cannot raise

wheat, must be allowed to eat oat-bread; the nation which is too poor

to retain a circulating medium of the precious metals, must be

permitted to supply its place with paper credit; otherwise, they must

go without food, and without currency.

If I were called on, Mr. Journalist, I think I could give some reasons

why the system of banking which has been found well adapted for

Scotland is not proper for England, and why there is no reason for

inflicting upon us the intended remedy; in other words, why this

political balsam of Fierabras which is to relieve Don Quixote, may

have a great chance to poison Sancho. With this view, I will mention

briefly some strong points of distinction affecting the comparative

credit of the banks in England and in Scotland; and they seem to

furnish, to one inexperienced in political economies (upon the

transcendental doctrines of which so much stress is now laid), very

satisfactory reasons for the difference which is not denied to exist

betwixt the effects of the same general system in different countries.

In Scotland, almost all Banking Companies consist of a considerable

number of persons, many of them men of landed property, whose landed

estates, with the burthens legally affecting them, may be learned from

the records, for the expense of a few shillings; so that all the

world knows, or may know, the general basis on which their credit

rests, and the extent of real property, which, independent of their

personal means, is responsible for their commercial engagements. In

most banking establishments this fund of credit is considerable, in

others immense; especially in those where the shares are numerous, and

are held in small proportions, many of them by persons of landed

estates, whose fortunes, however large, and however small their share

of stock, must all be liable to the engagements of the Bank. In

England, as I believe, the number of the partners engaged in a banking

concern cannot exceed five; and though of late years their landed

property has been declared subject to be attacked by their commercial

creditors, yet no one can learn, without incalculable trouble, the

real value of that land, or with what mortgages it is burthened. Thus,

_cæteris paribus_, the English banker cannot make his solvency

manifest to the public, therefore cannot expect, or receive, the same

unlimited trust, which is willingly and securely reposed in those of

the same profession in Scotland.

Secondly, the circulation of the Scottish bank-notes is free and

unlimited; an advantage arising from their superior degree of credit.

They pass without a shadow of objection through the whole limits of

Scotland, and, though they cannot be legally tendered, are current

nearly as far as York in England. Those of English Banking Companies

seldom extend beyond a very limited horizon: in two or three stages

from the place where they are issued, many of them are objected to,

and give perpetual trouble to any traveller who has happened to take

them in change on the road. Even the most creditable provincial notes

never approach London in a free tide--never circulate like blood to

the heart, and from thence to the extremities, but are current within

a limited circle; often, indeed, so very limited, that the notes

issued in the morning, to use an old simile, fly out like pigeons from

the dovecot, and are sure to return in the evening to the spot which

they have left at break of day.

Owing to these causes, and others which I forbear mentioning, the

profession of provincial Bankers in England is limited in its regular

profits, and uncertain in its returns, to a degree unknown in

Scotland; and is, therefore, more apt to be adopted in the South by

men of sanguine hopes and bold adventure (both frequently

disproportioned to the extent of their capital), who sink in mines or

other hazardous speculations the funds which their banking credit

enables them to command, and deluge the country with notes, which, on

some unhappy morning, are found not worth a penny--as those to whom

the foul fiend has given apparent treasures are said in due time to

discover they are only pieces of slate.

I am aware it may be urged that the restrictions imposed on those

English provincial Banks are necessary to secure the supremacy of the

Bank of England; on the same principle on which dogs, kept near the

purlieus of a royal forest, were anciently lamed by the cutting off of

one of the claws, to prevent their interfering with the royal sport.

This is a very good regulation for England, for what I know; but why

should the Scottish institutions, which do not, and cannot interfere

with the influence of the Bank of England, be put on a level with

those of which such jealousy is, justly or unjustly, entertained? We

receive no benefit from that immense establishment, which, like a

great oak, overshadows England from Tweed to Cornwall. Why should our

national plantations be cut down or cramped for the sake of what

affords us neither shade nor shelter, and which, besides, can take no

advantage by the injury done to us? Why should we be subjected to a

monopoly from which we derive no national benefit?

I have only to add that Scotland has not felt the slightest

inconvenience from the want of specie, nay, that it has never been in

request among them. A tradesman will take a guinea more unwillingly

than a note of the same value--to the peasant the coin is unknown. No

one ever wishes for specie save when upon a journey to England. In

occasional runs upon particular houses, the notes of other Banking

Companies have always been the value asked for--no holder of these

notes ever demanded specie. The credit of one establishment might be

doubted for the time--that of the general system was never brought

into question. Even avarice, the most suspicious of passions, has in

no instance I ever heard of, desired to compose her hoards by an

accumulation of the precious metals. The confidence in the credit of

our ordinary medium has not been doubted even in the dreams of the

most irritable and jealous of human passions.

All these considerations are so obvious that a statesman so acute as

Mr. Robinson must have taken them in at the first glance, and must at

the same time have deemed them of no weight, compared with the

necessary conformity between the laws of the two kingdoms. I must,

therefore, speak to the justice of this point of uniformity.

Sir, my respected ancestor, Sir Mungo, when he had the distinguished

honour to be _whipping_, or rather _whipped boy_, to his Majesty King

James the Sixth of gracious memory, was always, in virtue of his

office, scourged when the king deserved flogging; and the same

equitable rule seems to distinguish the conduct of Government towards

Scotland, as one of the three United Kingdoms. If Pat is guilty of

peculation, Sister Peg loses her Boards of Revenue--if John Bull's

cashiers mismanage his money-matters, those who have conducted Sister

Margaret's to their own great honour, and her no less advantage, must

be deprived of the power of serving her in future; at least that power

must be greatly restricted and limited.

'Quidquid delirant reges plectuntur Achivi.'

That is to say, if our superiors of England and Ireland eat sour

grapes, the Scottish teeth must be set on edge as well as their own.

An uniformity in benefits may be well--an uniformity in penal

measures, towards the innocent and the guilty, in prohibitory

regulations, whether necessary or not, seems harsh law, and worse

justice.

This levelling system, not equitable in itself, is infinitely unjust,

if a story, often told by my poor old grandfather, was true, which I

own I am inclined to doubt. The old man, sir, had learned in his

youth, or dreamed in his dotage, that Scotland had become an integral

part of England,--not in right of conquest, or rendition, or through

any right of inheritance--but in virtue of a solemn Treaty of Union.

Nay, so distinct an idea had he of this supposed Treaty, that he used

to recite one of its articles to this effect:--'That the laws in use

within the kingdom of Scotland, do, after the Union, remain in the

same force as before, but alterable by the Parliament of Great

Britain, with this difference between the laws concerning public

right, policy, and civil government, and those which concern private

right, that the former may be made the same through the whole United

Kingdom; but that no alteration be made on laws which concern private

right, _excepting for the evident utility of the subjects within

Scotland_.' When the old gentleman came to the passage, which you will

mark in italics, he always clenched his fist, and exclaimed, 'Nemo me

impune lacessit!' which, I presume, are words belonging to the black

art, since there is no one in the Modern Athens conjuror enough to

understand their meaning, or at least to comprehend the spirit of the

sentiment which my grandfather thought they conveyed.

I cannot help thinking, sir, that if there had been any truth in my

grandfather's story, some Scottish member would, on the late occasion,

have informed the Chancellor of the Exchequer, that, in virtue of this

Treaty, it was no sufficient reason for innovating upon the private

rights of Scotsmen in a most tender and delicate point, merely that

the Right Honourable Gentleman saw no reason why the same law should

not be current through the whole of his Majesty's dominions; and that,

on the contrary, it was incumbent upon him to go a step further, and

to show that the alteration proposed _was_ for the EVIDENT UTILITY _of

the subjects within Scotland_,--a proposition disavowed by the Right

Honourable Gentleman's candid admission, as well as by that of the

Prime Minister, and contradicted in every circumstance by the actual

state of the case.

Methinks, sir, our 'Chosen Five and Forty,' supposing they had bound

themselves to Ministers by such oaths of silence and obedience as are

taken by Carthusian friars, must have had free-will and speech to

express their sentiments, had they been possessed of so irrefragable

an argument in such a case of extremity. The sight of a father's life

in danger is said to have restored the power of language to the dumb;

and truly, the necessary defence of the rights of our native country

is not, or at least ought not to be, a less animating motive. Lord

Lauderdale almost alone interfered, and procured, to his infinite

honour, a delay of six months in the extension of this act,--a sort of

reprieve from the southern _jougs_,--by which we may have some chance

of profiting, if, during the interval, we can show ourselves true

Scotsmen, by some better proof than merely by being 'wise behind the

hand.'

In the first place, sir, I would have this old Treaty searched for,

and should it be found to be still existing, I think it decides the

question. For, how can it be possible that it should be for the

'evident utility' of Scotland to alter her laws of private right, to

the total subversion of a system under which she is admitted to have

flourished for a century, and which has never within North Britain

been attended with the inconveniences charged against it in the sister

country, where, by the way, it never existed? Even if the old

parchment should be voted obsolete, there would be some satisfaction

in having it looked out and preserved--not in the Register-Office, or

Advocates' Library, where it might awaken painful recollections--but

in the Museum of the Antiquaries, where, with the Solemn League and

Covenant, the Letter of the Scottish Nobles to the Pope on the

independence of their country, and other antiquated documents, once

held in reverence, it might silently contract dust, yet remain to bear

witness that such things had been.

I earnestly hope, however, that an international league of such

importance may still be found obligatory on both the _high_ and the

_low_ contracting parties; on that which has the power, and apparently

the will, to break it, as well as on the weaker nation, who cannot,

without incurring still worse, and more miserable consequences, oppose

aggression, otherwise than by invoking the faith of treaties, and the

national honour of Old England.

In the second place, all ranks and bodies of men in North Britain (for

all are concerned, the poor as well as the rich) should express by

petition their sense of the injustice which is offered to the country,

and the distress which will probably be the necessary consequence.

Without the power of issuing their own notes the Banks cannot supply

the manufacturer with that credit which enables him to pay his

workmen, and wait his return; or accommodate the farmer with that

fund which makes it easy for him to discharge his rent, and give wages

to his labourers, while in the act of performing expensive operations

which are to treble or quadruple the produce of his farm. The trustees

on the high-roads and other public works, so ready to stake their

personal credit for carrying on public improvements, will no longer

possess the power of raising funds by doing so. The whole existing

state of credit is to be altered from top to bottom, and Ministers are

silent on any remedy which such a state of things would imperiously

require.

These are subjects worth struggling for, and rather of more importance

than generally come before County Meetings. The English legislature

seems inclined to stultify our Law Authorities in their department;

but let us at least try if they will listen to the united voice of a

Nation in matters which so intimately concern its welfare, that almost

every man must have formed a judgment on the subject, from something

like personal experience. For my part, I cannot doubt the result.

Times are undoubtedly different from those of Queen Anne, when, Dean

Swift having in a political pamphlet passed some sarcasms on the

Scottish nation, as a poor and fierce people, the Scythians of

Britain,--the Scottish peers, headed by the Duke of Argyll, went in

a body to the ministers, and compelled them to disown the sentiments

which had been expressed by their partisan, and offer a reward of

three hundred pounds for the author of the libel, well known to be the

best advocate and most intimate friend of the existing administration.

They demanded also that the printer and publisher should be prosecuted

before the House of Peers; and Harley, however unwillingly, was

obliged to yield to their demand.

In the celebrated case of Porteous, the English legislature saw

themselves compelled to desist from vindictive measures, on account of

a gross offence committed in the metropolis of Scotland. In that of

the Roman Catholic bill they yielded to the voice of the Scottish

people, or rather of the Scottish mob, and declared the proposed

alteration of the law should not extend to North Britain. The cases

were different, in point of merit, though the Scots were successful in

both. In the one, a boon of clemency was extorted; in the other,

concession was an act of decided weakness. But ought the present

administration of Great Britain to show less deference to our

temperate and general remonstrance on a matter concerning ourselves

only, than their predecessors did to the passions, and even the

ill-founded and unjust prejudices, of our ancestors?

Times, indeed, have changed since those days, and circumstances also.

We are no longer a poor, that is, so _very poor_ a country and

people; and as we have increased in wealth, we have become somewhat

poorer in spirit, and more loath to incur displeasure by contests upon

mere etiquette, or national prejudice. But we have some grounds to

plead for favour with England. We have borne our pecuniary impositions

during a long war, with a patience the more exemplary, as they lay

heavier on us from our comparative want of means--our blood has flowed

as freely as that of England or of Ireland--our lives and fortunes

have become unhesitatingly devoted to the defence of the empire--our

loyalty as warmly and willingly displayed towards the person of our

Sovereign. We have consented with submission, if not with

cheerfulness, to reductions and abolitions of public offices, required

for the good of the state at large, but which must affect materially

the condition, and even the respectability, of our overburthened

aristocracy. We have in every respect conducted ourselves as good and

faithful subjects of the general empire.

We do not boast of these things as actual merits; but they are at

least duties discharged, and in an appeal to men of honour and of

judgment, must entitle us to be heard with patience, and even

deference, on the management of our own affairs, if we speak

unanimously, lay aside party feeling, and use the voice of one leaf of

the holy Trefoil,--one distinct and component part of the United

Kingdoms.

Let no consideration deter us from pleading our own cause temperately

but firmly, and we shall certainly receive a favourable audience. Even

our acquisition of a little wealth, which might abate our courage on

other occasions, should invigorate us to unanimous perseverance at the

present crisis, when the very source of our national prosperity is

directly, though unwittingly, struck at. Our plaids are, I trust, not

yet sunk into Jewish gaberdines, to be wantonly spit upon; nor are we

yet bound to 'receive the insult with a patient shrug.' But exertion

is now demanded on other accounts than those of mere honourable

punctilio. Misers themselves will struggle in defence of their

property, though tolerant of all aggressions by which that is not

threatened. Avarice herself, however mean-spirited, will rouse to

defend the wealth she possesses, and preserve the means of gaining

more. Scotland is now called upon to rally in defence of the sources

of her national improvement, and the means of increasing it; upon

which, as none are so much concerned in the subject, none can be such

competent judges as Scotsmen themselves.

I cannot believe so generous a people as the English, so wise an

administration as the present, will disregard our humble

remonstrances, merely because they are made in the form of peaceful

entreaty, and not _secundum perfervidum ingenium Scotorum_, with

'durk and pistol at our belt.' It would be a dangerous lesson to teach

the empire at large, that threats can extort what is not yielded to

reasonable and respectful remonstrance.

But this is not all. The principle of 'uniformity of laws,' if not

manfully withstood, may have other blessings in store for us. Suppose,

that when finished with blistering Scotland when in perfect health,

England should find time and courage to withdraw the veil from the

deep cancer which is gnawing her own bowels, and make an attempt to

stop the fatal progress of her _poor-rates_. Some system or other must

be proposed in its place--a grinding one it must be, for it is not an

evil to be cured by palliatives. Suppose the English, for uniformity's

sake, insist that Scotland, which is at present free from this foul

and shameful disorder, should nevertheless be included in the severe

_treatment_ which the disease demands, how would the landholders of

Scotland like to undergo the scalpel and cautery, merely because

England requires to be scarified?

Or again;--Supposing England should take a fancy to impart to us her

sanguinary criminal code, which, too cruel to be carried into effect,

gives every wretch that is condemned a chance of one to twelve that he

shall not be executed, and so turns the law into a lottery--would this

be an agreeable boon to North Britain?

Once more;--What if the English ministers should feel disposed to

extend to us their equitable system of process respecting civil debt,

which divides the advantages so admirably betwixt debtor and

creditor--_That_ equal dispensation of justice, which provides that an

imprisoned debtor, if a rogue, may remain in undisturbed possession of

a great landed estate, and enjoy in a jail all the luxuries of

Sardanapalus, while the wretch to whom he owes money is starving; and

that, to balance the matter, a creditor, if cruel, may detain a debtor

in prison for a lifetime, and make, as the established phrase goes,

_dice of his bones_--would this admirable reciprocity of privilege,

indulged alternately to knave and tyrant, please Saunders better than

his own humane action of Cessio, and his equitable process of

Adjudication?

I will not insist further on such topics, for I daresay that these

apparent enormities in principle are, in England where they have

operation, modified and corrected in practice by circumstances unknown

to me; so that, in passing judgment on them, I may myself fall into

the error I deprecate, of judging of foreign laws without being aware

of all the premisses. Neither do I mean that we should struggle with

illiberality against any improvements which can be borrowed from

English principle. I would only desire that such ameliorations were

adopted, not merely because they are English, but because they are

suited to be assimilated with the laws of Scotland, and lead, in

short, _to her evident utility_; and this on the principle, that in

transplanting a tree, little attention need be paid to the character

of the climate and soil from which it is brought, although the

greatest care must be taken that those of the situation to which it is

transplanted are fitted to receive it. It would be no reason for

planting mulberry-trees in Scotland, that they luxuriate in the south

of England. There is sense in the old proverb, 'Ilk land has its ain

lauch.'

In the present case, it is impossible to believe the extension of

these restrictions to Scotland can be for the _evident utility_ of the

country, which has prospered so long and so uniformly under directly

the contrary system.

It is very probable I may be deemed illiberal in all this reasoning;

but if to look for information to practical results, rather than to

theoretical principles, and to argue from the effect of the experience

of a century, rather than the deductions of a modern hypothesis, be

illiberal, I must sit down content with a censure, which will include

wiser men than I. The philosophical tailors of Laputa, who wrought by

mathematical calculation, had, no doubt, a supreme contempt for those

humble fashioners who went to work by measuring the person of their

customer; but Gulliver tells us, that the worst clothes he ever wore,

were constructed upon abstract principles; and truly, I think, we have

seen some laws, and may see more, not much better adapted to existing

circumstances, than the Captain's philosophical uniform to his actual

person.

It is true, that every wise statesman keeps sound and general

political principles in his eye, as the pilot looks upon his compass

to discover his true course. But this true course cannot always be

followed out straight and diametrically; it must be altered from time

to time, nay sometimes apparently abandoned, on account of shoals,

breakers, and headlands, not to mention contrary winds. The same

obstacles occur to the course of the statesman. The point at which he

aims may be important, the principle on which he steers may be just;

yet the obstacles arising from rooted prejudices, from intemperate

passions, from ancient practices, from a different character of

people, from varieties in climate and soil, may cause a direct

movement upon his ultimate object to be attended with distress to

individuals, and loss to the community, which no good man would wish

to occasion, and with dangers which no wise man would voluntarily

choose to encounter.

Although I think the Chancellor of the Exchequer has been rather

precipitate in the decided opinion which he is represented to have

expressed on this occasion, I am far from entertaining the slightest

disrespect for the right honourable gentleman. 'I hear as good

exclamation upon him as on any man in Messina, and though I am but a

poor man, I am glad to hear it.' But a decided attachment to abstract

principle, and to a spirit of generalising, is--like a rash rider on a

headstrong horse--very apt to run foul of local obstacles, which might

have been avoided by a more deliberate career, where the nature of the

ground had been previously considered.

I make allowance for the temptation natural to an ingenious and active

mind. There is a natural pride in following out an universal and

levelling principle. It seems to augur genius, force of conception,

and steadiness of purpose; qualities which every legislator is

desirous of being thought to possess. On the other hand, the study of

local advantages and impediments demands labour and inquiry, and is

rewarded after all only with the cold and parsimonious praise due to

humble industry. It is no less true, however, that measures which go

straight and direct to a great general object, without noticing

intervening impediments, must often resemble the fierce progress of

the thunderbolt or the cannon-ball, those dreadful agents, which, in

rushing right to their point, care not what ruin they make by the way.

The sounder and more moderate policy, accommodating its measures to

exterior circumstances, rather resembles the judicious course of a

well-conducted highway, which, turning aside frequently from its

direct course,

'Winds round the corn-field and the hill of vines,'

and becomes devious, that it may respect property and avoid obstacles;

thus escaping even temporary evils, and serving the public no less in

its more circuitous, than it would have done in its direct course.

Can you tell me, sir, if this _uniformity_ of civil institutions,

which calls for such sacrifices, be at all descended from, or related

to, a doctrine nearly of the same nature, called Conformity in

religious doctrine, very fashionable about one hundred and fifty years

since, which undertook to unite the jarring creeds of the United

Kingdom to one common standard, and excited a universal strife by the

vain attempt, and a thousand fierce disputes, in which she

'----umpire sate,

And by decision more embroiled the fray'?

Should Uniformity have the same pedigree, Malachi Malagrowther

proclaims her 'a hawk of a very bad nest.'

The universal opinion of a whole kingdom, founded upon a century's

experience, ought not to be lightly considered as founded in ignorance

and prejudice. I am something of an agriculturist; and in travelling

through the country I have often had occasion to wonder that the

inhabitants of particular districts had not adopted certain obvious

improvements in cultivation. But, upon inquiry, I have usually found

out that appearances had deceived me, and that I had not reckoned on

particular local circumstances, which either prevented the execution

of the system I should have theoretically recommended, or rendered

some other more advantageous in the particular circumstances.

I do not therefore resist theoretical innovation in general; I only

humbly desire it may not outrun the suggestions arising from the

experience of ages. I would have the necessity felt and acknowledged

before old institutions are demolished--the _evident utility_ of every

alteration demonstrated before it is adopted upon mere speculation. I

submit our ancient system to the primary knife of the legislature, but

would not willingly see our reformers employ a weapon, which, like the

sword of Jack the Giant-Killer, _cuts before the point_.

It is always to be considered, that in human affairs, the very best

imaginable result is seldom to be obtained, and that it is wise to

content ourselves with the best which can be got. This principle

speaks with a voice of thunder against violent innovation, for the

sake of possible improvement, where things are already well. We ought

not to desire better bread than is made of wheat. Our Scotch proverb

warns us to _Let weel bide_; and all the world has heard of the

untranslatable Italian epitaph upon the man, who died of taking physic

to make him better, when he was already in health.--I am, Mr.

Journalist, yours,

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