One of the most alarming circumstances attendant on this situation of things is, that provisions become an object of monopoly, and the most dangerous and destructive of all objects. The law has interfered in regulating the interest of money, but not in the rent of houses or of other use of property. Circumstances may occur, in which the necessity of procuring a loan of money is so great, as to induce the borrower to engage to pay an interest that would be ruinous to himself, and that would grant the lender the means of extortion, or of obtaining exorbitant profit. The same interference would be just as reasonable, wherever the same sort of necessity, by existing, puts one man in the power of another. This is the case with every necessary article of provision, which, indeed, may be considered as all one article, for the price of one is connected with the prices of all the others.
Provisions, indeed, are, in general, articles that cannot be preserved for any very great length of time; but then, again, they are articles of a nature that the consumers must have within a limited time also, and for which they are inclined to give an exorbitant price rather than not to have. The interference of the law between a man and the use of his property, ought to be as seldom as possible; but it has never been maintained as a general principle, that it ought never to interfere. [end of page #148] If it is at any time, or in any case, right to interfere legally, the question of when it is to be done becomes merely one of expediency, one of circumstance, but not one that admits of a general decision.
A writer of great (and deservedly great) reputation has said so much on this subject, and treated it in a way that both reason and experience prove to be wrong, that it is become indispensably necessary to argue the point. {123} Monopoly, regrating, and forestalling, which two last are only particular modes of monopolizing, have been considered as chimeras, as imaginary practices that have never existed, and that cannot possibly exist. They have been likewise assimilated to witchcraft, an ideal belief, arising in the times of ignorance. It is now become the creed of legislators and ministers, that trade should be left to regulate itself, that monopoly cannot exist.
With all the respect justly due to the learned writer who advanced so bold an opinion, it may be asked, since many instances occur, both in sacred and profane history, in ancient times, and in our own days, of provisions, on particular occasions, selling at one hundred times their natural price, (and, every price above the natural one, is called a monopoly price,) how can it be asserted that they may not become an object of monopoly in a more general way, though not at so exorbitant a price?
How, it may be asked, can this thing, that has so often occurred in an extreme degree, a thing that is allowed to be possible, be compared with the miraculous effect of witchcraft, of the existence of which there does not appear to be one authentic record? The one, at all events, a natural, and the other, a supernatural effect. How are those to be admitted in fair comparison?