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LL.B #jiPA!^sdRK,y) BEFORE TMw u*oW.,^. SCiENrp fac^; fl'STORlCAL AND POLITICAL SCIENCE ASSOCIATION OF THE PNIV^RSITV ^ O*^ TOhONTO. FEt%rH. rtgg. I* ^ TOiM>NtO: - 4..' t*-' .v.. .^•^ :l \ I ] '\rA ^ i : 1 k: 1 ■ •- 1 ■mm iMi *m f.-'i. A BRIEF HISTORICAL SKETCH I . I 1 OK Canadian Banking and Currency THE LAWS RELATING THERETO SINCE CONFEDERATION, AND A COMPARISON WITH BRITISH AND AMERICAN SYSTEMS. BY W. J. ROBERTSON, B.A., LL.B. (Examiner in Political Economy, Toronto University) A FAFER READ BEFORE THE HISTORICAL AND POLITICAL SCIENCE ASSOCIATION OF THE UNIVERSITY OF TORONTO, FEB. 4TH, 1888. r, 1 ,- •jA^-I^ m TORONTO : William Briggs, 78 & 80 King Street East. W. CoATES, Montreal. S. F. HuESTis, Halifax. 1888. Explanatory. A SHORT time ago, I wtis requested to prepare a brief out- line of our .S3\stem of bankinjjf and currency, for the benefit of the members of the Historical and Political Science Associa- tion of Toronto University. The object sought, was to give a few of the students of the University, interested in political economy, a general idea of the nature of banking, and, in particular, of Canadian banking and currency. It was sug- gested to me, that a comparison of our Canadian system with the British and United States systems, would add to the value and interest of the paper, and the suggestion, as the following pages will show, was partially carried out. After the paper was read, several gentlemen, holding respon- sible positions, expressed a desire to have it issued in pamphlet form. In deference to that desire the present pamphlet ap- pears. In preparing this sketch, information and assistance were received from several gentlemen of banking experience, and, in particular, from H. W. Darling, Esq., President of the Bank of Commerce ; D. R. Wilkie, Esq., Cashier of the Imperial Bank ; and W. L. Trenholm, Esq., Comptroller of the U. S. Currency To these and other gentlemen, who responded so promptly to my requests for information, I wish to express my apprecia- tion of their kindness. W. J. ROBERTSON. St. Catha&ines, March 8th, 1888. 59031 wm 't '■>.4i Canadian Banking and Paper Currency. AT the request of your President I have prepared a paper on the leading features of Canadian Banking and Paper Currency. No limits have been assigned me, so that in selecting some parts of the subject for fuller discussion than others, I have been guided by what it may be possible to overtake in a limited time, and by what may be useful to stud<^nts desiring a general knowledge of the principles of the system of banking existing in our land. Modern systems of banking have much in common, and this is specially true of what may be termed English systems, in- cluding under this designation those prevailing in the United States and British Colonies, as well as those in Great Britain and Ireland. In discussing, then, Canadian banking and cur- rency, we cannot well avoid referring frequently to British and American systems, and it is desirable that these references should take the form not only of explanation, but of comparison. In fact, our Canadian banking system, like our Canadian political constitution, is a compound of British and American elements, with a few native ingredients intermingled, and rendered necessary by our peculiar circumstances. By way of preface, I may observe that the subject of bank- i ng is not ide ntical with that of currency. A bank may issue its own notes m tlie form of a currency, but it is not necessary that it should do so. Nevertheless, it must be admitted that in Canada and the United States the majority of banks have been wont to issue their own notes, and the effect of the prac- tice has been to create a general impression on the mind of the / ^ ^ l^ 1/ ^'5 h American people that a bank's chief function is to provi«le a currency. Indeed, so closely are banking and currency connected in our commercial life and habits, that it would be utterly im- possible to give a clear idea of the one without treating of the other. WHAT IS A BANK? A bank is iiii institution which deals in niuney and debts. It buvs debts with its own credit, antl thus creates new debts. It borrows the capital not needed by one man, and lends it to another who does need it. It thus transfers capital from place to place, and from person to person. Its disposab le n^eans are : — The ^pital paid in by the .shareholders or partnei s, the depo sits of its customers, the am ount of its own notes it can keep out in_^£irculation, and the mon ey in the cour.se of transmis.'^ion through it. It uses these means in disco unting bills, in making loans, in the purchase of Govenmu^nt and other .securities, and in maintaining Tn its~Eni*a' suflUcTent (Quantity to meet current deman ds. It lace. Banks were allowed to est ablish branches and inc rease their capital stock. They were not to commence busi- ness until $500,000 capital had been subscribed and $100,000 paid in, which sum had to be increased to ^$200,000 within two years. Discounts to directors were to be regulated by by-law (a change for the worse). Loans on lands and tenements were not permitted. Mortgages could, however, be taken as col- lateral security. Savings banks could be established, but could not issue notes. The Act of 1870 was repealed in 1872, so far as it related to issuing notes beyond $9,000,000. The specie to be held for any f^ excess above $9,000,000 was fixed at a maximum of thirty- \ five per cent. Inl87o a Dominion Notes Act permitted an "^ issue of $12,000,000! Ttlvas enacTed that if the issue exceeded j $9,000,000, but fell below $12,000,000, the amount of the excess ( above $9,000,000 must be secured by a specie reserve of at least fifty per cent. Any excess above $12,000,000 was to be covered by an equal amount of specie. Bankinof lejjislation now ceased until 1880, when it became nece ssary to ren ew the bank charters which expired in 1881. Meanwhile, Canada had made a sweeping change in her fiscal rl. ( [\kn 18 85 om. Protective duties had, in 1879, taken the place of a revenue tariff, as the result of the election of 1878. It was quite natural that the interest and excitement aroused by a long and bitter controversy over the relative merits of free-trade and protection, should extend to other <|uestions of national finance. Hence, no sooner had protection triumphed, than many of its votaries began to agitate for a national currency. For a time the agitation seemed on the fair road to success, for it was urged, with considerable plausibility, that a national policy of protection would not be complete without a national currency. The advocates of a national currency were not at all united in their demands. The more moderate and conservative desired a currency issued by the Government through the banks and redeemable in specie on demand, all bank issues to cease. The great majority, however, of the currency doctors wished a circulating medium not redeemable in specie, but legal tender for taxes. The basis of such a currency was not settled — some advocating one thing, some another. There was, as might be expected, for a brief period, considerable alarm in business and banking circles, and this alarm was not lessened by the measures relating to banking and currency, introduced by Sir Leonard Tilley in the Session of 1880. The whole drift of the changes then introduced, seemed to be in the direction of " rag-money;" and sober men strongly suspected the Government of giving a sop to the advocates of an inconvertible currency. The change.^, as we now look back, '"ere not of a very radical nature, con- sist!. ij^ in the main, of an extension of the issue of Dominion notes, and a lessening of the ratio between the Government reserve and its note circulation. A more detailed account, how- ever, of these measures is necessary, as no change of any im- portance has since taken place, and their provisions, which were ably and exhaustively debated in Parliament, now regulate in the main our system of banking and currency. The resolution relating to Dominion notes was as follows : " That it is expedient to provide that the amount of Dominion notes i.s.%ued, and outstanding at any one time, may be increased ■■Piw MM 14 !/■• .-/(: I k to $20,000,000, provided that the Finance Minister shall always hold for the redemption of such notes an amount in gold, or in gold and Dominion securities guaranteed by the Government of the United Kingdom, equal to no less than twenty-tive per cent, of the total amount of such notes then outstanding, and that at least fifteen per cent, of the total amount of such out- standing notes shall be so held in gold." The change made by this resolution was two-fold : 1. It authorized an increase in the Dominion note circulation from $12,000,000 to $20,000,000. 2. It lowered the percentage of gold reserve to fifteen per cent, on the total issue. The practical effect was to reduce the gold reserve from about $4,000,000 to a little over $1,800,000 on the notes then outstanding, thus leaving over $2,000,000 of gold available for other purpo.ses. If the Government should succeed in increasing their issues to $20,000,000, the gold re.serve would still be less than that previously required, and the great advantage would be gained of obtaining an additional loan of $8,000,000 from the public. As a complement of this resolution, the Banking Act wa.s^ amended the same session in several important particulars. To ensure an increase in the issue of Dominion notes, banks were now compelled to keep forty per cent, of their reserves in Dominion notes, and were not allowed to issue their own notes of a less denomination than $5. The minimum reserve in Dominion notes prior to this was thirty-three and one-thii'd per cent. •-y Notes^were made a first charge on assets. Dominion notes in denominations of $1 and $2, to the amount of $50, could be demanded from a bank by anyone receiving payment of that or a greater sum. This clause also had for its object the in- crease of Dominion notes in circulation. Banks were given a privileged lien on stocks and dividends for debts and overdue accounts. What was then considered by the Finance Minister as an important piece of legislation, but which has not met public expectation, was the introdu.Mon of a clause rendering it imperative on banks to make more detailed monthly returns of their liabilities and assets. — ■ ~ i.ii' 15 ion wa» Having thus imperfectly and briefly sketched the principal changes, from time to time, made in the laws relating to our banking and currency, I will now endeavor to describe the iv / fl prominent features of the system as it stands at present. ( In the first place, it is to be noticed that Canadian banks, as a rule, are bank s of issue, and as such derive their privileges from^the^P^mmion Pajliament, not from the Local Legislatures of the different Provinces. The right to issue their notes ia given by charter — the present charter expiring in 189L ' In Canada there are few private banks, most of our banks being joint-stock in their nature. The distinction between a private bank and a joint-stock bank, consists mainly in the facts that the number of partners in a private bank is generally small, and the liability of each partner unlimited. Each part- ner, too, may have a share in managing the business of the bank, and the bank is liable for contracts and engagementg entered into with the public, by any or all of its partners, as partners. Joint-stock banks, on the other hand, may have any number of partners, and the liability of each partner or shareholder is generally limited. The business of such banks is managed by a board of directors, elected by and from the shareholders, and the bank is bound only by such engagements as are made by the directors and managers. The withdrawal or insolvency of one member of a private bank les.sens the capital of the bank, but the shares of a joint-stock bank are transferable, and the partners may be constantly changing, and yet the bank continues its corporate existence, and retains its capital unimpaired. Private banks in Canada are not allowed to issue notes, this right is confined to joint-stock banks alone. Again, the right of a Canadian bank to issue notes, or paper currency, is r estric ted to the amount of its unimpaired paid-up capital, and no note can be issued of a less denomination than $^ Notes of a smaller denomination are i.ssucd by the Dominion Government. Our currency, then, is of a mixed character — partly national, partly what may be tkrmeiVcorp'oriRe. Bank notes are not legal tender — Dominion notes are. Of the whole amount of our paper currency, by far the greater portion con- 16 sists of bank notes, Dominion notes beinj]f used chiefly for small payments, change, and bank reserves. It may be asked what security is furnished by banks to note- holders and depositors ? There is a common impression abroad that a cash reserve of twenty-five to thirty-three and one-third per cent, of the amount of notes in circulation must be kept by a Canadian bank to meet all demands for coin. This is a mis- take. The law does not compel a bank to maintain any reserve whatever as a security for note-holders and depositor"^. It must keep forty per cent, of its reserves in Dominion notes ; but this does not fix the minimum amount of the total reserve. Public opinion, however, is such that a bank with a reserve of less than twenty-five per cent, is looked upon with suspicion, and its credit is likely to suflfer in conset^uence. As banks are compelled to make monthly returns to the Government of their circulation and deposits, and also of the amount of their reserves, any bank attempting to lessen its reserve below a certain minimum percentage of its circulation would speedily Icse public confidence. Note-holders are secured (1) by the law forbidding a bank to issue' fiotes greater ih amount than its /n unimpaired paid-up capital, (2) by making shareholders liable for double the amount of the par value of their shares, (3) by "Xl making the redemption of notes the first charge on the assets I of the bank. The wisdom of the clause giving note-holders ^the first lien on a.ssets has often been called in question. It is contended that it is unfair thus to discriminate against de- positors and other creditors. Besides, the tendency of this law is to make ^' expositors, if suspicious of the solvency of the bank, draw their deposits in the shape of notes, in order to be on a footing of equality w)th the note-holders, and, by so doing, intensify public suspicion. (See Note A, Appendix.) Deposi- tors, however, have not been wholly overlooked in the Banking Act. Realizing the fact that one of the great dangers incurred by a bank is the locking up of its banking capital in .securities not readily realizable, our legislators have prohibited the loan of money on the security of real estate — that is, on land and tenements. Mortgages cannot be taken as security for a loan, ra 17 although after the loan has been made they can be taken &s col- lateral security. Nor can a bank hold any real estate for more than seven years, except such as may be required for banking uses. As a further precaution in the interests of the public, loans cannot be made on the security of stocks and dividends ; but a bank has the lirst lien on them for debts and over-due accounts. The whole tenor of these restrictions is to prevent investments not readily realizable being made, and to discourage stock- gambling. Still further to ensure confidence, banks have to make monthly statements to the Government, and these state- ments mui^t exhibit in considerable detail their liabilities and assets. If a bank suspends payment for ninety days it loses its charter, and its affairs are wound up. It can no longer issue notes or contract liabilities. There are a number of other regu- lations of considerable importance affecting the management of a bank. Such are those prescribing the amount of capital that must be paid up before banking can commence — the quali- fication and election of directors, discounts and loans to directors, etc. As already stated, our currency is partly national, for the Act of 1880 allows the Issue of Dominion notes to the amount of $20,000,000. The notes are secured by coin and Government debentures. The coin must be, at least, fifteen per cent, of the issue ; and of the Government debentures, ten per cent, must be guaranteed by the Imperial Government. The guaranteed debentures are considered as good as gold, so that it is claimed our Dominion currency is secured by a cash reserve of twenty- five per cent. — one sufficient for all probable demands. Dominion notes obtain circulation chiefly through the banks, and constitute a considerable portion of their reserves. It is in the interest of a bank to issue as few of these notes as possible, for they must be purchased with gold or specie before they can be issued. To prevent the suppression of the circulation of its notes, the Government retains the right to make issues for sums less than $5, and compels a bank to pay as much as $60* in yU 'J * In 1882, amount was increased from $50 to f60. 18 Dominion notes of SI and $2 or $4, if the person to whom payment is made should so demand. Of course, the Govern- ment could issue its notes directly, by payinf^ its indebtedness to contractors, Indian subsidies, and other claims against it, in Dominion currency ; and, no doubt, in a very sniall measure, Dominion issues do thus take place. The great bulk, however, of Dominion notes are issued to banks, which hold them as a reserve instead of coin. Over $8,000,000, out of a total issue of some SI 5,000,000, is thus retained. Let us now proceed to make some comparisons with the .sys- tems of banking and currency in Great Britain and the United States. , . BRITISH BANKING. ^ .^' English banking, so far as it relates to currency, has for its |i]^' basis the Bank Charter Act of JLS'*^. This Act had for its principal object .^Ke regulation of the currency, _so that the amount at any time in circulation should correspond exactly wi th what would be in existence were there a currency coni- pose d entirely of gold and silver coin. If gold were plentiful, the currency would increase, if scarce, there would be a corres- ponding diminution of the amount in circulation. To attain this end, the Bank of England was divided into two depart- ments, an Issue Department and a Banking Department. The Banking department was allowed to issue £14,000,000 of notes on certain securities, the greater portion of which was a debt due the Bank by the Government. All issues above this amount could take place only by paying into the bank an equal amount of gold. The Issiie Department was restricted to giving notes for gold, a nd gold for notes — this was and is its sole function. In fact, the Issue Department is a department of the Govern- ment, and as such is the issuer of a national currency. The Act also provided that a large portion of the profits arising from the circulation of the issue of £14,000,000 should go to the State. At the time of the passing of this Act, there were a large number of joint-stock and private banks issuing notes on their In ^v" 4 ^ >^ 1^ 19 M/ c own credit. Rightly or wrongly, these banks were considered to have failed in providing a sound currency, and were charged with issuing their notes injudiciously, thus causing inHation. speculation, and a host of kin , 2. They are nearly all banks of issue, 3. They generally have b ranches. Most of the private banks, and many of the joint-stock banks in Englaml have no branches. 4. Scotch banks issue notes of a denomination as low as £1. * Note. — It was supposed that banks maintained a reserve of at least one- third of their circulation, so that if a bank's circr.iation should cease, the amount of currency would be diminished by two-thirds of the lapsed circula- tion. • 20 There are other differences which time will not permit me to mention. Scotch banking is regulated by an Act passed in 1845. By this Act the right to issue is confined to such banks as ex- ercised this right in the year preceding May, 1845, and the amount each bank is entitled to issue, uncovered by gold, is limited to the average amount in circulation during the same year. Scotch banks, however, unlike English banks, can issue in excess of this amount, provided each note in excess is covered by an equal amount of gold and silver coin. Bank of England notes are not legal tender in Scotland — they are in England, save at the bank itself. It is evident from this brief outline of English and Scotch banking, that few points of similarity exist between the Bank of England as a bank of issue, and our Canadian banks. The Issue Department of the Bank of England should be recognize<^ by law as a bureau of the Treasury, and then it would clearly seen by the public to be what it really is, an issuer or an English national currency. Comparisons, then, with English and Scotch banking institu- tions, to be of much value or interest, must be made with the private and joint-stock banks. As to po dnts of similar ity be- tween our banks and British banks, we may notice that — 1. All Scotch, and many English, banks are joint-stock. 2. They are limited in their issues. 3. They are not compelled by law to keep any cash reserve. 4. Scotch banks, like Canadian banks, have numerous branches, and issue notes of low denominations. ■— The following are some of the p rincipal differe nces : — 1. In England there are numerous private banks of i.ssue. In Canada there are none. 2. English and Scotch banks are limited in their issues in a different way from Canadian banks. Canadian banks are limited by the amount of their unimpaired paid-up capital. English banks cannot increase their issues under any circum- stances, while Scotch banks can do so only by covering the increase with an equal amount of coin. 21 3. English banks cannot issue notes of a lower denomina- tion than £5. 4. The shareholders of British bank» have an unlimited liability with respect to the notes in circulation. Canadian shareholders a double liability. From this comparison it will be readily seen that our system of banking considerably resembles the Scotch, and there can be little room for doubt that Scotch enterprise and influence are felt as strongly in Canadian banking as in Canadian politics. It would, however, be well for Canada if the judiciousness- which characterizes Scotch banking were equally manifest here. The excellent results of this judiciousness are seen in the confi- dence with which bank notes are taken in Scotland, and the consequent popularity of its paper currency. AMERICAN BANKING AND CURRENCY. Turning away, ornament. On the other hand, good authorities like Prof^ Jevons and Francis A. Walker, think that inflation is possible, even when notes are readily convertible, and that the right of banks to issue freely has frequently been the cause of specula- tion, inflation, over-trading, and other economic evils. Between such authorities it is prudent not to express an opinion, but I am disposed to think that the facts are with Jevons and Wallcer, although this is an open question in political economy^ I refrain from entering into the discussion of the right of a. bank to coin notes, as John Law expressed it, or the right of the public to reap the profits arising from the circulation of a paper currency. It appears to me that there is no abstract or absolute right one way or the other. Such questions as the form or nature of a currency, who shall issue it, and who shall derive the profit from its circulation, are matters of expediency. The principal oi>jects to be attained are absolute security for holders of the currency, and adaptability to the varying wants of the community. To conclude, our system of banking has been conducted with considerable prudence, although rash and ill-advised ventures — not to use harsher terms — are by no means uncommon in our banking history. Free banking has not worked so well in Canada as in Scotland ; and, in consequence, we have not the same confidence in Canadian bank notes that a Scotchman feels in the notes of the banks of his own country. On the other hand, there have been relatively few excesses, such as charac- terized banking in the United States prior to the introduction of the National Bank System. Whether Canadian banks have unduly encouraged specula- tion by an over-issue of notes, and too free discounting and loaning, is open for discussion. Certainly their sins in these directions are not very heinous. With respect to " elasticity," our banks satisfy the public requirements fairly well — better probably than a purely national system would do. The great defects of our system — defects which will probably %^^ 30 lead to its serious modification, if not to its abolition, is its f ailure to inspire the public with full confi deqce in t he ready cojjj^grtibiiitj of the bank issues — and the ins ufficient sec urity possesse d by shareholders and depositors against fraud and mis- rAlinagement. The Canadian people, scattered as they are over such an im- mense area of territory, demand for commercial purposes a cur- rency which will be taken without doubt or hesitation from one end of the Dominion to the other. Such a bank currency we have not — such a currency the State alone can supply, and ere long probably will, in response to the demand of public opinion, which on this question is rapidly ripening. But that such a currency will be modelled after the American is not at all likely, nor indeed is it desirable. 1. is its le. ready security