Secondly, it keeps the factor always bare of money, and wounds his reputation, so that he pays those very bills with discredit, which in justice to himself he ought not to pay at all, and the borrower has the money, at the expense of the credit of the lender; whereas, indeed, the reproach ought to be to him that borrows, not to him that lends—to him that draws where there are no effects to warrant his draft, not to him that pays where he does not owe.
But the damage lies on the circumstances of accepting the bill, for the factor lends his employer the money the hour he accepts the bill, and the blow to his credit is for not paying when accepted. When the bill is accepted, the acceptor is debtor to the person to whom the bill is payable, or in his right to every indorser; for a bill of exchange is in this case different from a bond, namely, that the right of action is transferable by indorsement, and every indorser has a right to sue the acceptor in his own name, and can transfer that right to another; whereas in a bond, though it be given to me by assignment, I must sue in the name of the first person to whom the bond is payable, and he may at any time discharge the bond, notwithstanding my assignment.
Tradesmen, then, especially such as are factors,[[46]] are unaccountably to blame to accept bills for their employers before their goods are sold, and the money received, or within reach: if the employers cannot wait, the reproach should lie on them, not on the factor; and, indeed, the manufacturers all over England are greatly wrong in that part of their business; for, not considering the difference between a time of demand and a time of glut, a quick or a dead market, they go on in the same course of making, and, without slackening their hands as to quantity, crowd up their goods, as if it were enough to them that the factor had them, and that they were to be reckoned as sold when they were in his hands: but would the factor truly represent to them the state of the market—that there are great quantities of goods in hand unsold, and no present demand, desiring them to slack their hands a little in making; and at the same time back their directions in a plain and positive way, though with respect too, by telling them they could accept no more bills till the goods were sold. This would bring the trade into a better regulation, and the makers would stop their hands when the market stopped; and when the merchant ceased to buy, the manufacturers would cease to make, and, consequently, would not crowd or clog the market with goods, or wrong their factors with bills.
But this would require a large discourse, and the manufacturers' objections should be answered, namely, that they cannot stop, that they have their particular sets of workmen and spinners, whom they are obliged to keep employed, or, if they should dismiss them, they could not have them again when a demand for goods came, and the markets revived, and that, besides, the poor would starve.
These objections are easy to be answered, though that is not my present business; but thus far it is to my purpose—it is the factor's business to keep himself within compass: if the goods cannot be sold, the maker must stay till they can; if the poor must be employed, the manufacturer is right to keep them at work if he can; but if he cannot, without oppressing the factor, then he makes the factor employ them, not himself; and I do not see the factor has any obligation upon him to consider the spinners and weavers, especially not at the expense of his own credit, and his family's safety.
Upon the whole, all tradesmen that trade thus, whether by commission from the country, or upon their own accounts, should make it the standing order of their business not to suffer themselves to be overdrawn by their employers, so as to straiten themselves in their cash, and make them unable to pay their bills when accepted. It is also to be observed, that when a tradesman once comes to suffer himself to be thus overdrawn, and sinks his credit in kindness to his employer, he buys his employment so dear as all his employer can do for him can never repay the price.
And even while he is thus serving his employer, he more and more wounds himself; for suppose he does (with difficulty) raise money, and, after some dunning, does pay the bills, yet he loses in the very doing it, for he never pays them with credit, but suffers in reputation by every day's delay. In a word, a tradesman that buys upon credit, that is to say, in a course of credit, such as I have described before, may let the merchant or the warehouse-keeper call two or three times, and may put him off without much damage to his credit; and if he makes them stay one time, he makes it up again another, and recovers in one good payment what he lost in two or three bad ones.
But in bills of exchange or promissory notes, it is quite another thing; and he that values his reputation in trade should never let a bill come twice for payment, or a note under his hand stay a day after it is due, that is to say, after the three days of grace, as it is called. Those three days, indeed, are granted to all bills of exchange, not by law, but by the custom of trade: it is hard to tell how this custom prevailed, or when it began, but it is one of those many instances which may be given, where custom of trade is equal to an established law; and it is so much a law now in itself, that no bill is protested now, till those three days are expired; nor is a bill of exchange esteemed due till the third day; no man offers to demand it, nor will any goldsmith, or even the bank itself, pay a foreign bill sooner. But that by the way.
Bills of exchange being thus sacred in trade, and inland bills being (by the late law for protesting them, and giving interest and damage upon them) made, as near as can be, equally sacred, nothing can be of more moment to a tradesman than to pay them always punctually and honourably.
Let no critic cavil at the word honourably, as it relates to trade: punctual payment is the honour of trade, and there is a word always used among merchants which justifies my using it in this place; and that is, when a merchant draws a bill from abroad upon his friend at London, his correspondent in London answering his letter, and approving his drawing upon him, adds, that he shall be sure to honour his bill when it appears; that is to say, to accept it.