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N >« * ) THE OR li lAiam IE ElEDIT riiciEi THE WORKING OP THAT INSTITUTION IN EUROPE THZ OPINIONS OF THE LEADINO POLITICAL ECONOMISTS OF EUROPE WITH B.EGAKO TO ITS PRINCIPLES AND ADVANTAGES ; COMPILED AND - TRANSLATED FROM AUTHENTIC WORKS IN THE FRENCH LANGUASE. V THE INTRODUCTION OP THE SYSTEM INTO LOWER CANADA BRIEFLY CONSIDERED. By OBOROS BSNRT BSAOAUZiAT ,f.^. *'- (' aNADA i I, NATIONAL LIBRARY BIBLIOTHEQUE NATIONALE ■V. ^ THE SYSTEM OF ou LA gmaflE be mm oiiciiB THE SYSTEM OF LANDED CREDIT OR LA BANQUE DE CllEDIT FONCIER SY m^ ^■■*wii ■*■■ '^^4 '*' T] TH THE , » TIIK i^- amount of one million of dollars, divided into ten thousand shares of one hundred dollars each. That the Provincial guarantee should be granted to the " Credit Foncier Bank " for an amount which should not exceed " twenty millions of dollars ;" and which should only be furnished in proportion to its wants from time to time, and only on condition that the first mortgages of the borrowers for an amount equal to the said guarantee, be deposited. That the Provincial guarantee should not involve any Government control over the operations of the " Credit Foncier ;" but simply a right of supervision, to assure that its operations are carried on witliin the limits of the law, and the powers whieii may be con- ferred upon the institution. That the annuity to be paid by the borrower should include interest, sinking fund and the cost of manage- ment. That the rate of interest to be charged sliould be regulated by the rate at which the " Credit Foncier Bank " may succeed in ncgociating its bonds. That the cost of management should be fixed at one per centum. That the amount of sinking fund to be annually paid should be optional wiih the borrower, and definitively settled in his mortgage or bond ac- knowledging the loan ; provided that the amount of his debt cannot be discliarged sooner than 20 years, nor later than 50 years from the date of the loan ; he should have the power, nevertheless, of paying the wliole debt by giving three months notice. That the " Credit Foncier Bank " should be in- vested with full power to collect outstanding debts by proper process of law. That until the mortgage system of the country be thoroughly reformed, the " Credit Foncier Bank '* should have at its disposal the means of ascertaining what privileged claims may still exist on properties on which mortgagees may be offered to it, and should also possess the right of extinguishing them, promptly, simply and economically. And your Petitioners, as in duty bound, will ever pray, &c., &c., &c. The proposal of the St. Hyacinthe Convention may be properly classed under the following heads : — 1st. The advisability of establishing a Banque de Credit Foncier upon a solid basis, to meet the wants of the rural population of Lower Canada. 2nd. The nature of the organization of the pro- posed Bank. 3rd. Should Ihe Provincial guarantee be granted to the Bank on the terms proposed, or if not, on what terms ; or should that guarantee be refused ? 4th. If the guarantee were granted, should Govern- ment be allowed the direction of its operations, or should the power reserved be simply one of super- vision to keep the institution within the limits of its charter .i* the -C5; 5 ;i^ 5th. The nature of the annual interest, sinking fund, and per centage for management, to be exacted from the borrower. The regulation of the rate of interest. Is the estimated per centage for cost of manage- ment (1 per cent) sufficient to meet the probable ex- penses of the Bank? The conditions of loans, 20 or 50 years, with the optional power of discharging the debt by 3 months' notice. {Paiement par anticipation.) 6th. Should the Bank be invested with extraor- dinary power for collecting outstanding debts ? The mortgage system systeme hypothecaire, Reform of the system. Privileges granted to the Bank for discovering the existence of mortgages which have not been cancelled, easily, promptly and economically. 7th. A general review of the system, as it has been worked in several countries of Europe. 8lh. Is the scheme practicable in Lower Canada, should it be applied, and on what principle ? In the following pages we propose to furnish to the public, the opinions of the leading political economists of Europe, under the several headings above desi- gnated, adding some of our own opinions on the intro- duction of the system into Lower Canada. — cJ^tOH-Ss— CHAPTEH 2. -=^0$S- The advisability of establishing a Batigv.e de Cridit Fonder, upon a solid basis, to meet the wants of the rural population of Lower Canada. Any calm observer, who has resided for a length of time in the country Parishes of Lower Canada, must have perceived the peculiar position occupied by the " habitants," or peasants of that section of the Pro- vince. Itcannot be denied that they are healthy, active, and industrious ; that they use every effort to improve the properties which have been inherited by them from their ancestors ; but there are evidently some causes which produce efTects contrary to those which we might expect from a class which enjoy so many natural advantages. The soil is, on an average, good, but the climate is not so favourable to agriculture as that of the upper section of the Province ; the habitant farmer is naturally intelligent and active ; he gains his daily bread by the sweat of his brow, and laborious exertion has no fears for him ; but there is a restrain- ing power, a something which interferes with ulti- mate success, and hampers the full and untramelled exercise of his energy. He is continually accused of being deficient in spirit of enterprise ; he is taunted with following too closely in the footsteps of his pre- b a -*:0 7 0:^ decessors ; he his frequently included in a comparison with the superior race of farmers in Upper Canada, the comparison resulting of course unfavourably to him, and in fact, he is the butt of every publication, whether agricultural, educational, or commercial. The sinceie political leaders of the French Canadian " habitants" have long been aware of the existence of those unfortunate causes, which have restrained their constituents in their onward progress, and they now intend dealing with the germ of the disease, by the application of what they consider to be a reliable remedy, viz : the establishment of La Banque de Credit Fonder. We maintain that the main causes of the want of progress among this class, have been, the weight of debt which burdens almost every far- mer's property in the county parishes of Lower Ca- nada, and the want of available means to place the repayment of that debt on such a footing that it may be easily accomplished. In addition to these, but of course as relative consequences, we find a universal system of ruinous usury, to which the overburdened farmer is compelled to resort, to save his family from expropriation; the real cause being the want of some system through which the undoubted security lie can offer, might enable him to obtain credit at a moderate rate of interest. Mons. VVolowski, in a treatise on this subject, pu- blished in 1852, thus describes the principal object of a *' Credit Foncier Bank" in France : — *^ Public opinion has been actively occupied during 8e^ *' the past few years with the question of the " Credit " Foncicr." Tiie published principles of this scheme " are : to place landed property and capital in imme- *' diate and favourable contact witii each other; to *' remove the obstacles which prevent the establish- *' ment of confidence when the security is really of *' the most reliable kind; to facilitate tiie debtor's *' discharge, and to place at the continual disposal of *' t' creditor, the funds which he may have advan- * .A. We think that the principle would long " since have been adopted in France, had it not been ** complicated by the suggestion of chimerical plans " and false notions with regard to the nature and *' operations of the proposed issues." In 1853, Mons. Ileurtier, French Minister of Com- merce and Agriculture, thus addresses Mons. J. B. Josseau, author of a work on the " Credit Foncicr ": — " The Credit Foncier Institution is still in its " infancy in France ; but when its principles are *' understood, and it is wisely ort?anised, the public " curiosity, which its existence now creates, will be *' followed by a general feeling of deep gratitude to '' the Government, which has succeeded, by the means " of this Institution, in relieving landed property from " the terrible si ivery of debts payable at short date, " with the usual consequences of expensive renewals " and costly ])roceedings, generally followed by " ruinous exi)ropriation. It is by this successful " change in the conditions of loans on real estate, " and the amendment of our mortgage system (sysleme pr is Credit icliome imme- ler ; to ublish- ally of obtor's losal of advan- 1 long ot been d plans re and f Com- s. J. B. cier ": — I in its lies are e public , will be titude to e means ;rty from ort date, onewals wed by iccessful II estate, (systeme *' hi/poiliecairc)^ thai landed projirielors, wlio have " hitlcrly been reduced to the last tjasp, find a chance *' of recovering their lost position." We may well ask if the above extract is not a correct picture of the position of thousands of our country farmers in Lower Canada. In the seignories, they arc oppressed wilii a li(;avy balance; of arrears due to the Seigneur, tlirough the aboiitioii of the Seignorial tenure ; and each farm has been divided and subdivided until it has ceased to produce sullicient for the maintenance of the numerous .scions of the family who have to depend upon it alone i'or a live- lihood. The sons emigrate to a new township, without money, frequently without the materials and food which they actually require to enable them to exist during their preliminary clearing operations. If they borrow money from a capitalist to enal)le them to purchase what they require, he, of course, exacts a mortgage on the parent's property at a rate of interest as high as 15, 20, and sometimes 25 per cent per annum. The consequence is inevitable, the young farmer is hampered in his enterprise, while t'le parent is harrasscd by the exacting capitalist. In many cases the ruin of l)oth father and son is the result of this attempt at progress. This is but one of the many processes through which the lower Canadian farmer is denied fair treatment. Merchants, who settle in the country villages, are generally the bitterest enemies of the habitant. They have the advantage of a credit in the cities, they are not fettered by tlie difficulties -:. 10 <^ whicli surround tlie farmer, and lliougli tliey liavc but lilllo security lo oiler to the city merchant, still they enjoy a good credit, and make use of it to oppress the men who can olf'-r mort; real security than they can, and who eonsi-'cpiently better deserve to liave the benefit of credit in some available form. Your country nol;iry, too, is freciuently a bird of prey. Ho picks up game for the city cormorant who is too indolent to search for it himself. As this notary thoroughly understands the title deeds and means of every farmer in the jiarish, he is in an excellent position to become acquainted with the pressing wants of Jean Baptistc, or Jean Pierre. He can, he thinks, succeed in obtaining him the money ho requires, but as a great favor, at about 15 or 20 per cent, on a first mortgage, payable in a few years. Jean is in a corner; he must make a C(!rlain payment on his property, or he must send his son to tiie new settle- ments, and he requires supplies which cost money. The notary passes the deeds, and Jean, having re- ceived the net proceeds, has a millstone round his neck which will most probably drown him in a shorter time than some of our English Newspapers give to the borrower from the Credit Foncicr Bank. Having thus briefly described some of the evils of the present unorganized system of loan on mortgage, let us pro- ceed to ascertain the nature of the basis upon which it is proposed to establish this Banque dc Credit Fancier. By referring to the petition of the St. Hyacinthe Con- vention, it will be found that it is proposed to establish 11 '^ y liiivo It, still oppress an they () liiive Your Ho ) is loo ■y notary K-ans of xccUcnt crossing can, he eciuircs, ;nt. on a ian is in ; on liis kv settle- money, iving re- mind his a shorter vc to the Having present t us pro- which it Fancier. the Con- 'stablish a iiank, with a subscribed capital of one million ot dollars, in ten thousand sihares of one hun(b'ed dollar^ each. The Provincial guarantee is asked for, to- enable the Bank to negoeiate its bonds in England. The security oU'ercd in lieu of this guarantee is in the shape (A'Jirsl m(»'fi^a<^-cs (Jmillfur clc f<)n- Tlie nature of the (ir^'niii/nlidn of the proposed Uaub The projectors of this sclicmc have laid down, inr clear tc'rms, the nature,' of the ])roj)oscd institution. They say that it shouijeet in vi<'w, but merely for the purpose \ 17 0=-- ful exami- te that his Istroyed by h he was y dealing d to exer- virtue of t indispu- on mort- )osition as 'inciple as about the tax-payer, the bonds be trans- same way le rente.'''' admirable it Foncicr lial power alists and dual gua- stamp of e type of ody must rity, and ation re- alise the ralize the % " moneys derived from the sinking fund, so as to be " enabled to offer to the proprietor the facility of repay- " ing the amount of his loan by a gradual scale of " small contributions, and, to the lender, the power of *' realizing at any time on favourable conditions." ** This intermedial body may be the State, an " Association of proprietors, or a Company of Share- ♦* holders." The object of these Institutions is thus described by Royer, French Minister of Agriculture, in his report of 1845 : 1st. " To effect a general reduction in the rate of interest demanded for the use of capital. 2nd. To place capital at the disposal of agricul- turists at a uniform rate of interest, fre(|uently smaller than the rate paid by the State, by trade, and by manufactures. 3rd. To encourage and facilitate landed improve- ments, by placing the capital advanced to proprietors for the purpose of effecting those improvements, upon a footing through which it can be easily repaid at long date, it being impossible for agriculture to repay such advances by any other means." Mons. Passy, a French political economist of great note, gives his views on the subject as follows : " That there arc many reasons which lead him to " believe that landed proprietors should be enabled to " borrow money ' on the most favourable conditions.' " The security offered is of such real value, that no ^' prudent lender can qucjstion its solidity as aguaran- " tee for investment. " Tiiis cannot be jjetter accomplished than by the " creation of some such organisation of proprietors." We have not as yet been favoured with the details of the organisation of the " Canadian Credit Foncier Bank," but we are justified by the Petition to Parlia- ment in supposing that it would be based upon the principle of Association. The Shareholders to the amount of one million of dollars would select, from their ranks, the Board of Direction, whose duty it would be to conduct the operations of the Bank. The Central Board would no doubt decide upon the nature of all applications, according to the principle adopted by similar institutions in Europe, the duty of tlie local agents being merely to report to the head ofHce the details of information, and furnish the documents required to enable the Board to arrive at a decision. Our object in this chapter has merely been to give an outline of the nature of the organisation of the " Credit Foncier." The details of its probable orga- nisation will be treated under the heads of the Gcver- ment Guarantee, on which mut:h will depend, the Interest, Sinking Fund, Period of Loans, &c., &c., We conclude with some general opinions given by leading political economists on the subject of Credit Foncier Institutions :--- " Mr. Wolowski's idea is not a dream," said Mr. Rossi, in concluding his report to the French Govern- l^'! 19!J=- aguaran- n by tlie irietors." 10 details Foncier o Parlia- upoii tlie rs to the 'ct, from 'e duty it .nk. upon the principle 3 duty of he head nish the rive at a to give L of the )le orga- ; Gcver- !nd, the ^', &c., iven by Credit lid Mr. Jovern- rnent ; " the system is more convenient, and }>rc.sc'nts less difficulty than the mobilization of the soil [la mo- bilisation dii sol). It is a hapjiy ap})li(^ation of the principle of association, submitted to the manage- ment, o* at least, to the suj)ervision of the State. In another way, many obstacles to its success arc partly overcome or entirely disappear." A rclired Minister of Commerce, Mr. Buflbt, slated in the debate before the Council of State, that he was less opposed than he had been some years previous to " Credit Foncier "Institutions. Even Mr. Thiers, in a speech made in 1848, demanded that a trial should be given to the scheme in France. Mr. Vernes, Deputy Governor of the Bank of France, also expiessed his approval of the proposed system. He said : " It is not necessary to create the ' Credit Foncier,' it exists ; it is only necessary to disengage it from the embarrassments which surround it, and which curb its free operation." This assertion is well founded. " The Credit Foncier " really does exist, based upon the guarantee of th(! soil. The mortgage debt (dette hypothecaire) which burdens l(!rrilorial property is a sufficient proof of this. But it exists under unfavora- ble conditions ; it necessitates a very heavy rate of interest, and, in its present state, it crushes the energies of the borrower by a promise exacted from him to return the amount in one sum at a date which is too close to the date of the loan. I OIIAPTKR 4. 'A{ l Should the Provincial Giiarantoe bo granted to ihe Bank, on the terms pro- posed, or if not, on what terms ; or should that Guarantee be refused. I In dealing with this branch of our subject, we shall commenco with the words of the petition of the St. Hyacinthe Convention : " That the Provincial Guarantee should be granted " to the ' Credit Foncier Bank,' for an amount which " should not exceed ' twenty millions of dollars ;' and " which should only be furnished in proportion to its " wants from time to time, and only on condition " that the first mortcfajyes of the borrowers for an " amount equal to the said guarantee, be deposited.'* An application is thus submitted to the Canadian liCgislature, to obtain its countenance and sanction in the initiation of the enterprise. As a preliminary precaution, the guarantee of the State is asked for, to ena])le the Directors of the Credit Foncier Bank to negotiate the bonds which they may issue. The pro- jectors of the scheme have considered that the amount of capital required to carry on operations on such a large scale cannot be ol)tained in this Province. It is very evident that the capitalists of England must 1 -={5 21 «>■ J I he terms pro- )e reliisecl. 1 WO shall 3 f the St. ? granted '' nt Avhich ars ;' and ; ion to its condition 5 for an ■ )osited.'* ^ anadian sanction * iminary 1 d for, to Bank to . ' ^he pro- s am on nt ■-4-^ such a " i ce. It -}J> I mnst *■■ furnish the greater part of the requisite fuii'ls. Can this sum be obtained without the stamp of security which the guarantee of the Colonial Government would, undoubtedly, give to these Credit Foncicr Bonds? We think this doubtful. The English capi- talist would not iiesitate to lend his money on such a reliable guarantee as that of the Province, while he would probably object to advance money upon mort- gages given by individual owners of landed j)roperty. The very intention of a Credit Foneier Bank is to give a stamp of security to these mortgag(.'s, and to convert them indirectly into a circulating m(;dium, which would be negociable on change. This, it is proposed to eflcct through the issue of l)onds based upon the Share Capital and mortgages; and the Government Guarantee is re(iuired, not only to make them negociable, but to render them so, at a low rate of interest. The necessity of some such guaran- tee must be apparent to any person versed in finan- cial matters, particularly in the negociation of public stocks. We have read in several newsj^apers of the Province, that this proposed guarantee is unpreceden- ted in financial matters ; that it would involve the Province in a direct and irrecoverable loss of twenty millions of dollars, that Jean Baptiste would pocket the money, that the experience of the Municipal Loan Fund is sufficient to condemn the proposition, that the Government of Canada has sufficient work in hand to collect debts now due, and that the security offered by the projectors of the Credit Foneier Bank 22^- is in reality worth nolliing. That a State Gaarantee in favor of similar institutions is not unpreccdentecl, we can easily prove : In France, by the decree of 8th July, I85i, we find that th(; Government, with a view of f(jrward ing the interests of " Credit Foncier " institutions, set apart the surnt)ften millions of francs, to be invested in their bonds (lettres de gage). The first " Credit Foncier " institution was formed in Silesia,a Province of Prussia, in 1770, after the seven years' war, under the auspices of Frederic the Great, who gave it Government aid in the shape of a gift of 1,125,000 Irancs. Monsieur Wolowski, in speaking of a Government Guarantee, in 1852, thus expressed himself: — " The question as to whether the State should, and " in which manner it should intervene, in the establish- " ment of Credit Foncier Banks, has excited a great " deal of lively discussion. A distinction should " certainly l)e made between a pecuniary sacrifice " made at the expense of all the tax-payers in ftivor " of a certain class of proprietors, and the simple " application of a financial mechanism without any " direct contribution from the Exchequerof the State." But the St. Hyacinth;^ Convention distinctly assert that they only want the State to guarantee the amount of their issue of bonds, to endorse their solidity, as it were, to facilitate their negociation. They purpose making their arrangements to pay the interest on those bonds without the Government being called upon to pay that interest ; and as security for this indispensa- 1.; a ran tee •cclcnted, 85 i, we rtlin<,Mhe set apart (1 in their 'oiieier " Prussia, auspices nt aid in 'eminent uld, and stablish- l a i^reat I should sacrifice in favor simple out any ; State." y assert amount ly, as it purpose ni those upon to spensa- ble endorsation, the morti^ages of the Ijorrowinij; pro- prietors will be deposited for an amount ('(iniv;dcnt to the i^'uarantee. As the Bank cannot advance to borrowi'rs more than on(>-iialf the actual amount of the value of the property mortgaged, the Government would find itself at all times in possession of solid security for doubh' the amount of its guarantee. We can find nothing very objectionable in this pro- posal. The Province cannot possibly risk the loss of the amount it mav guarantee, as its coffers will con- tain first class mortgages (Jmillcur dc Jomis) for double that amount. We think that the Municipal Loan Fund and the Credit Foncier Bank can scarcely be ranked in the same category, and as a comparison between the two has been instituted by Upper Canada newspapers, we may be permitted to remark that Lower Canada Municipalities did not show the same rapacity in contracting loans from that fund, as the other section of the Province. " Jean Baptiste of the village of Z/'/mmflcu/Je Conception^ as the "Globe" calls the Lower Canadian borrower, was much more modest in his pretentions than James Smith or John Brown, of the cities of Hamilton and Port Hope. That the Government of Canada hav ; (piite enough to do in collecting the debts already due, we arc quite aware ; but the nature of the proposed guarantee can- not properly be considered as an active debt, which will become due to the Province without a chance of re-payment. The security offered by the Credit Fon- cier is of the most unquestionable character. M -^ 24 But, on llic olluT hand, il tliis doniand for a P o- vincial gnarantoc were not deemed to be pruden. in the present condition of the iinanees of llie Province, conld not the scheme of tliu St. llyacintlie Convention be modified so as to put tlie j)rinciple of the Credit Fonoior Institution into operation without the guaran- tee of such a large amount. The '' Franco Canadicn " of Iberville, and " Le Ddfricheur " of L'Avenir, both journals published in the French language, take exception to the plan of a Government guarantee, and each editor sul)mits his own scheme to the public. It would be imj^ossiblc in our limited space to give the details of these two new propositions, i)ut there is sufficient evidence before us to justify the conviction that the .scheme of a ' Credit Foncier Bank ' is practicable, and that the subject can lose nolhing by a thorough public discus- .sion. Why then should the Toronto " Globe," Toronto " Leader," Montreal " Gazette," and Quebec *' Chronicle," devote the scheme to immediate destruc- tion without a careful consideration of the deiails of the principles upon which it is based ? Whether the Government guarantee be granted or refused by the Legislature, or whether the proposal of the St. liyac.aihe Convention be modified or not, there seems to be a strong determination in the minds of the " habitants " of Lower Canada that their repre- sentatives shall give the subject fair consideration, and Upper Canadian Members of Parliament would perhaps find it advisable to take the same course. m 25 for a P o- priiden. in Province, lonvention lie Credit le guaran- and *' Lc )ii.shed in l)lan of a l)mits his mjiossible :hcse two evidence elicme of d tiiat the ic discus- " Globe," d Quebec e destruc- deiails of ranted or ! proposal d or not, the minds leir repre- ide ration, nt would Durse. VVe had been led to believ(! that the schi^me is exclusively of Lower Canadian origin; Upper Canada, of course, could have nothing to do with it. Public opinion has, however, already conirneneed to deal with the " Credit Foncier " scheme in that section of the Province, and (^ven the Government Guarantee is not condemned by some of the political economists of Upper Canada. At a meetini? of the Canada Landed Credit Com- pany, held at Victoria Hall, Toronto, C. W., on the 5th of the present month, several speeches were made on the subject of Landed Credit. Mr. Symons, Secre- tary of the Company, in the course of his remarks, thus alluded to the Credit Foncier scheme, and the Government Guarantee : " Now, come what may, the farmers of Upper " Canada are ready to join in any sound plan, in any " well organized movement, whether it be by the " ' habitants ' of Lower Canada (many of whom are " as good practical farmers as any to be found in " this section), or whether it be a plan propounded " by the Government itself, which shall have for its *' object the prevention of ruinous bargains in mort- " gage transactions. The farmers of Upper Canada " will not consent to pay ten and twelve, and in " many cases sixteen per cent for money, when by " union among themselves, or with Lower Canada, " they can get it supplied to them at six or seven per " oent." 1 Again he says : — " A3 wo liavn not the scliomn of tin? Credit Foncior " bcforo us, and llio papers will not enlighten us on " the subj(,'ct, wc cannot suy anytliini^ about it, and " all I should wish to ask tlu; farmers is, that they *' sihould withhold their jiulgment till the ))lan is " befor(! u« in its entirety." " Ijefore the newspapers venture to tell us that the " country, if this guarantee is given, will be burdened " with fifty millions more debt, which it will have to ** pay, I should like them to tell me of one of the '* many Governments of Europe which have given a " guarantee to their Landed credit institutionf?, they " have seen established for the last one hundred years, *' which has ever been called upon to pay a single " fraction of that guarantee." He concluded his spirited speech as follows, for which he is taken seriously to task by the Toronto " Leader " :— " I would not wish to say a word which should " grate on the feelings of those who view with self- " complacency the present state of the farming com- " munity. But I say it is not satisfactory. I believe " that one third are in the constant process of losing " their estates, and I believe another third arc always " in straitened circumstances little less distressed, if " any less distressed, than the ' habitants ' of Lower " Canada, entirely owing to the unsoundness of our " loan system : and with them, they will co-operate I 1 M ■M)L dit Foncior fhtcn us on i){)ut it, nnd *, Ihiit tlicy he plan is * us lliut the ic burdened iTill have to one of the Lve given a itlons, tliey dred year?*, ay a single tfr follows, for he Toronto lich should f r with self- rming com- I believe }' ?s of losing are always i stressed, if ' of Lower iness of our co-operate ^A ^;r 27 «>- '« in any |)lan wiiich shall fgivu them the pronnisc of " speedy relief." Mr. Syinons' words descrvi.- serious consideration at the hands of th.- farmers of Upper Canada, wiiilo MF. deserves th<' hearty thanks of tht; 'habitants' ol Lower Canadu for having thus spirit- veiltho direction (1 be simply one of its Charter." ions of the f legislators iit Foncier n should be iging those br instance, I are placed overnment. tates, they issociaiion. le quesfion ■e the State d that the )( any real tions were d interests t> say, at a m the soil, peculation, v^antage to proprietors. Individuals will rarely loan money under 5 per cent. Credit Foncier Institutions^would there- fore succeed but imperfectly, and they could not sur- vive the crises which occur so frequently in this country, without some such assistance." In an analysis of th(; bill submitted to the Legisla- tive Assembly of France, on the 8th August, 1850, Mr. Dumas, Minister of Commerce and Agriculture^ thus expressed himself : — " It must b(; understood that the people of the country must not remain forever in leading-strings. It would be absurd to impose upon the State the duty of doing (everything. The State should operate in a higher sphere ; its true attributes cannot be considered as inckistrial or commercial, and still less should bank- ing operations be part of its duties. The State should exercise a genernl supervision, and should protect every branch of labi)r, tmd the general pecuniary in- terests of the people. — Its contrcl is indispensable however in tlie case of Credit Foncier Institutions ;. but to give the Government the management of them^ would be to impose too much responsibility upon that body." The decree of the 28th FY'bruary, 1852, thus lays down the nature of th(.- control which the Government exercises over the Credit Foncier Institutions in France : " Credit Foncier Societies, whose object shall be " to lend money to landed |)rf)j)rietors on mortgage, '^ with the power of repaying the loan by annuities at -^ 30 z^ '• long date, may be incc rporaled by a decree of the " President of the Rcpub'ic, with the consent of the " State Council (Conseil d'Etat) : these societies will '" then enjoy the benefit of the special powers and *' privileges granted to such societies by the present ■*' decree." Count Persigny, in a circular addressed to the pre- fets of the diilerent departments of France, when the decree was issued, thus lays down the nature of the control to be exercised by the Government : '' This decree, you will observe, does not thoroughly organize Credit Foncier Institutions, Its meaning is to encourage the formation of such societies, by laying •down clear rules upon which they must be carried on, and by removing the obstacles which they will unde- niably meet with in our civil legislation. They are submitted to the authority and supervision of Govern- ment, and to facilitate their operations, the State pro- mises its assistance, within the limits, and with the guarantees, of the prudence and wisdom of which you will be enabled to judge. In the decree of the 23th February, 1852, the assis- tance of the State is thus granted : Article 5. — In order to facilitate the operations of the Credit Foncier Societies, the States and the de- partments shall invest in a certain amount of the bonds (titri's de gage) of these societies. " Each decree organizing a separate society (Credit Foncier) shall express the amount of the share allotted to the So- ciety, out of the Government grant of 10 millions." *^N^^..._.. -=js31 tj= ^crce of the hsent of the )cietics will )owers and the present to the pre- , when the ^ture of the t : thoroughly meaning is s, by laying J carried on, ' will iindc- They arc 11 of Gove rn- G State pro- id with the 1 of which I, the assis- lorations of iid the de- •f the bonds Lch decree cier) shall to the So- llions." In some countries of Europe, we find that Credit Foncier Institutions, in their relations with the State, exist under regulations which differ widely with each other, according to the plan of organization. These difl'erent systems may be found in operation in Germany, Poland, and Belgium. The greater number are based upon tin; principle of an Association of Proprietors ; these are : 1st. — The Credit Foncier Associations established in the diflerent Provinces of Prussia (we will adopt chronological order,) in Silesia, in the electoral Duchy of Brandenburg, in Pomerania, West Prussia, East Prussia, and the Grand Duchy of Posen. 2nd. — The Credit establishments of the Kingdom of Hanover, these arc : The Institution of Credit by Mortgage (credit hypothecaire) of Hamburg, establish- ed at Zelle, the Credit Foncier establishments for the Principalities of Calenberg, Grubenhagcm and Ilil- •desliiem ; those established for the Ducb.y of Bremen and the principality of Yerden at Stadc, and those formed for the principality of West Friesland. 3rd. — In Austria, the Credit institution of Gallicia. 4th. — The Credit Institution of Wurtcmbcrg. 5lh. — In Saxony, the Association of the Kingdom of Saxony, and the Mortgage Bank of the provincial States of Hamburg. Gth. — The Credit Foncier Institution of Meck- lenberg. 7th.— The Credit Bank of Hamburg. ,M -<^ 32 3>- ■ 8th. — At Bremen, a Credit Institution which gua- rantees the issue of mortgage bonds for proprietors. 9th. — In Denmark the law of the 20th of June 1850, authorizes the establishment of Credit Foncier Insti- tutions, based upon an Association of Borrowers. lOlh. — In Russia, the Credit Associations of the Baltic jH'ovinces (Livonia, Esthonia and Courland) and the Peasant's Bank in the same provinces. 11th.— The Society of Territorial Credit of the Kingdom of Poland. All the establishments, which we have named above, are in operation under the supervision of the State, some of them with its concurrence. There are many other institutions founded and regulated by financial companies for a speculative purpose, to which we need not allude at present. It will therefore rest with the legislators of Canada to consider in the first place, whether the Government guarantee can be granted to the Credit Foncier Bank according to the programme of the St. Hyacinthe Convention. Should it be decided that the financial position of this Province would justify such a guaran- tee based upon such sound security, then of course, the Government would be entitled to supervise the operations of the Bank. It would be manifestly im- prudent in any case to allow the Government to exercise a direct control over the details of its opera- tions. Such power might unfortunately be placed in dangerous hands, and a gigantic system of political corruption might be fostered through the exercise of ^- 33 c^ »ed above, the State, arc many financial which we >f Canada )vernment 2ier Bank Jyacinthe financial I g'laran- f course, rvi.so the eslly im- ment to ts 0])era- laccd in political ?rcise of that power. It is fair to suppose that the directors of the institution should bo shareholders immediately interested in the welfare of the Bank, and that Govern- ment control should be confined to a general supervision of its operations, so that it maybe carried on within the limits of its Act of Incorporation. The conditions imposed by the Charter should be based upon strict principles. The decree of 28th March 1852, which created " La Banque Fonciere de Paris," might in many res])ec1s be taken as a model, and the several decrees relating to the Credit Foncier Banks of Marseilles and Nevers, both of which were incorpo- rated with " La Banque Fonciere de Paris," on the 20th July 1852, would also furnish ])recedents which might be advantageously applied in Canada. The Statutes of the ^' Credit Foncier de France " of that date to be found in Mons. Josseau's useful work, give a detailed statement of the organisation of that successful institution. We think that our readers will now be enabled to judge of the merits of the question which forms the text of this chapter. If the guarantee be granted, the nature of the control to he exercised seems to be fully laid down by precedent, and if it be refused, and a Bank is established without that guarantee, then the supervision of Government would still be a prudent measure. Of this, we purpose treating more fully in chapter No. 7, which will deal with the proposed reforms in our mortgage system (systemc hijpoUi^caire.) CIIAPTKR 6. _-.*\ -.•>-- >t<-~ The nature of the Annual Interest, Sinking Fund, and Percentage for management to be exacted I'roni tlie Bonower. — The regulation of the rate of Interest. — Is the estimated Percentage for cost of inauagement, one per cent, fullicient to meet the probable expenses of the Bank? — The conditions of Loans (20 or 50 years) with the optional power of dis- charging the debt by giving three months' notice, (paienient par anticipa- tion). The annunl interest, the sinking fund, and the cost of management, are called in Europe by the collective appellation of "Annuity." The amount to be paid in by the borrower as an annuity, represents these three items, and it varies in percentage in the difterent countries where Credit Foncier Institutions arc in operation. Monsieur Josseau thus describes this annuity :-- " The annuity is the amount paid in each half year, or year, by the person who borrows from the Society. By paying in this amount for a certain number of years, he extinguishes the debt." The St. Hyacinthe convention proposes to fix the rate of annual interest at the figure which the Bank will have to pay in ncgociating its bonds. The cost of manrigement is esiablished at one per cent, and the amount of sinking fund to be annually paid in, is to be optional w^tli the borrower, provided V^ tv 3o ^ [ercenlage for pilaiion of the iiiianagement, "'« Bank?-- Power of dis. P par aiitic/pa- itl the cost ooIJective 'e paid in Jiese three different IS are in •ibes this lalfyear, Society. tmber of o fix the e Bank me per mnally •ovided the rate of sinking fund be menlioned in his deed, and that it be according to the tal^h* of a k)an for twenty or iifty years, neith(>r more nor less. To ilhistrato Ihe workinc; of this sv:>item, we shall give some examples translated from the memoranda of Mons. Gcrdolle, the chief accountant of'Le Credit Foncier dv. France." The^^e will render all explana- tion on our part quite unnecessary : A Landed Proprietor borrows from the Credit Foncier Bank the sum of (filOO) one hundred doil;.^rs, to be repaid by annnities in 50 (fifty) years. The loan is made at a fixed rale j)er annum of $5 . 45 (five dollars and forty-five cents) thus ilivided $5.45 Interest f 4 . 25 Cost of man;if twenty ^y years renohed 'Annual Sinkin capital, J'llance iforosf, •inlvino- '^ years '\? I ho niving- aiged n !he oacb debt pital ;ii U ises ion y. or- -=5. 37 •)- rowed from tin; Credit Foncier, ai the rate ol'^-t-SS per cent intcri'si, to he re-paid, in 50 years, hy means of an annual contribution of '^p.Xo. The first year, the portion of this contribution taken for interest will be $4 2ic 37m (calcnlafiKl at tlic; end of eiieh half year), that reserved for the Sinking Fund will be ^0 59c 75m. Let ns now pass on to the 'Oth year, at the beginnini^ of which there will only l)e a ba- lance of ^93 60c duo on the caj)ital. The interest payable this year will only be !^3 9(jc, and tin.' Sin- king Fund will have increased from %Q 59c 75m to ^0 87c 13m. In the 40th year, at the beginning of which the balance remaining due on the capital will be $42 18c, the interest will only be %\ 76, and the Sinking Fund $3 08c. Finally, in the 50th year, at the commencement of which the balance due will be $4 69c, the amount payable for interest will be only 15 cents, while the capital paid ofl' will be %\ 69c. We have reproduced these calculations which are of the most reliable description, as a reply to the vague and (erroneous figures published by some of the English newspapers of the Province. One news- paper, published in Lower Canada, warned the habi- tant to beware of the snare which was being laid for him. He was to pay by the Credit Foncier Scheme "no less than 400 percent" for the use of money during a period of 50 years ; or, in other words, that the ca- pital would be paid to the Bank, four times over, during that space of time. To prove the absurdity of such calculations, and -^ 38 J!=- llic lack of knowledge of the suhjoct ovinrod by that wrlt'^r, Icl us make a comparative statement : An individual borrows from tlio Credit Foneier the sum of $10,000, ])ayablc in 20 years. At the rate of four and a quarter per cent per an- num interest, the annuity payable would be ^807 23 : what amount docs he really pay into the Bank in the cour.se of 20 years ? He pays |il6,lM 75, from which sum we might fairly deduct an amount which he must have realized by the enjoyment of that amount of capital for such a length of time. Let us suppose on the contrary that the same individual borrows from an ordinary capitalist the same sum, at five per cent interest, how much must he disburse in capital and interest to obtain his discharge ? $20,000 ! Should he select the term of 50 years; with the Credit Fon- der, at four and a quarter rate of interest, by the payment of an annuity of $544 12, he pays oil' the debt by a total disbursement of $27,20G. By the or- dinary system of loan it would cost ^5,000 to efTect the same object. The advantages which would accrue to the borro- wer from such a system must be patent to every rea- der. The regulation of the rate of annual interest cannot be attempted until the Credit Foneier Bank has attained a position of greater stability. The scheme must be brought before Parliament and tho- roughly discussed in all its bearings, both with regard to the guarantee of the Province, and the nature of its organization, before any attempt can be made to fix l|W^ -:« 39^^ the rate of interest. It is eiirreiilly believed however that six per eent would he the maximum rate. We incline to the o|)ini(»n that the percentage lor cost of management, mentioned in the programme of the Convention, will scarcely meet the expenses of the Bank for the first ten years. It is a small commis- sion, and the Bank would liave to engage in large transactions to provide a sufficient sum for the payment of its ofiicers. The general expenses of such Institutions are also very large. Josseau thus writes on the subject of cost of management {frais (Vadministralion). " Credit Foncier Institutions cannot exist \\'ithout " the payment of their expenses. The amount of *' these expenses are of course regulated by the area " of country over which the Bank carries on its ope- ** rations. The ' Credit Foncier de France' cstima- " tes the expenses at 60 cents j)er one hundred dol- " lars, and the Credit Foncier Societies of Nevers and ** Marseilles, 50 cents per one hundred dollars per " annum." The loans on the continent of Europe are generally contracted for 20 or 50 years ; but in Poland, as they fixed the interest at 4 per cent, and sinking fund 2 per cent, the debt is paid off in 2S years. In the Duchy of Posen they were satisfied with 1 per cent sinking fund, added to 4 per cent interest ; the sum being repaid in 41 years. The system of loan for either 20 or 50 years has been adopted in Franco, based upon the experience of other countries. ^1 111 We hIwiU cohcIikIc tliis Cliaplor with some vjiluublc renmrks, miuin before the French Council of Slutc in 1852 by iMons. IJoussinguult who is a jUfood authority in agricultural matters : — " VVlieii we generally speak of the revenues derived from agriculture, two things are included underllie sametitle, whicdjit isabsolutely necessary to sc-parati* : the revenue produced by the soil, and the profit of the farnu'r'a labor. I certainly believe that, to borrow money at (5 to 8 per cent for the purpose of purchasing land which will only yield 2J per cent, is a bad speculatit)n. It is to this kind of operation that I attribute the principal cause of the deplorable situation in which many of our country farmers are placed. The case would be very diil'erenl if the agriculturist borrowed solely for the purpose of increasing his stock of working materials, or to im- prove his system of cultivation ; in this instance, he could aflbrd to pay as high a rate of interest as any class engaged in any other industrial pursuit. We continually hear the complaint that agriculture does not prosper because farmers can only obtain money at an interest of G to 8 per cent, when it is notorious that the revenues of the soil rarely reach the figure of 3 per cent. It is here that we can properly apply the distinction whiih we have established above. There is in the first place the capital invested in the purchase of the land, and it is natural that this should yield a small revenue. The smallness of the income is ex- plained by the solidity of the investment. Next in order comes the capital invested in making ,1^- -<: 41 8>- iiuprovemeiils on ilif property, and tliis spcciilation geniTJilly produces as inucli in thai, as in any other industrial branch, otlicrwiso there would Ix^ no advan- tage in I'olhnving agricultural pursuits. This (•a))ital whicii i,s used for improvements, being small in propor- tion to the actual value of the land,itfrc!(juenlly huppens that large proprietors who cultivate their own valuable farms, scarctdy obtain a greater revenm' than when they lease them out. It does not follow from this, that the capital invested in improvements does not give a reasonable percentage. As an example, let us suppose that a farm worth 500,000 francs, recpiires for reasonable improvements a capital of 50,000 francs. By leasing it out, the proprietor might realize 15,000 francs per annum : by working il, 19,000 francs might be obtained. In the first case the interest would be 3 per cent, in the second case 3 4-10 per cent, Tiie difference is small, nevertheless it is plain that the "working capital" yields 8 per cent to the farmer. The object of agricultural speculation is not the pur- chase of land, but in reality the working of land ; and loans for this object, can sun^ly be effected on the same terms as for other industrial speculations. If therefore, as it is pretended, a system can be found, through which landed ])roperly obtains the facility of procuring the use of capital at a cheap rate, to be repaid at long dates ; the profits of agriculture would naturally increase, and with those profits, we would find decided progress in the country.'" Two important conclusions can be arrived at -<5 42 5>- ihrongh this remarkable opinion : the first is that rural improvements may become the basis of an agricultural credit, which would prove very })rofitable to farmers, although the rate of interest would be per- haps as high as that exacted in commercial operations. The second is, that if the " Credit Foncier " or the credit of the proprietor is used, not for the purpose of paying the price of the land, but for effecting local improvements, (ameliorations foncieres) he will be able more easily to meet a high rate of interest on the capital thus used, than on the capital invested in the land itself. Finally, in the mixed position in which the pioj)rietors, who operate directly, and who owe a balance on the purchase price, find themselves ; it becomes necessary to restore to the soil that sound state of credit, of which difficulties of procedure and organisation have hitherto deprived it. CHAPTER 7. -==^■ '' Should extraordinary privileges for r'olleetingont.standingdeblsli'rranUH; to the Bank? Ls a reronu required in the iaortgas,o .'s\>leiii d^^'fu r/u hy2'othecairf, to enable the Credit Foncier Bank to discover pron)];'!)-, easily and econjinieally, the existence of iii(jrtj:ag».'S ■which havo fK.t Lean cancelled,"-' The protection of the State is a sine qua nan in ilie formation of Credit Foncier Societies. In a previous Chapter, the truth of this assertion has been made evident. While some doubts may arise in llie minds of legislators as to the prudence of granting ihe gua- rantee of the State to the Bonds issued by the Society, no doubt can possibly exist as to the nece-sity of legislation, both to give it the stamj) of a trnMic institution and so to amend the defects in the rn; f- gage system of any country in which a Bank of Credit Foncier may be established; as to secure for tlie Society the means of discovering promj)tly, easily an-.t economically, the existence of mortgages which have- not been cancelled. To attain this object in Canada,, it would be necessary to place the system of Regis- tration of Titles on such a footing, as to secure for the Society the certainty that the mortgage given by the borrower, is in reality a {haillcur fic foncU) ff^t class mortgage. ■1* 44 In the Lower section of the Province, but little legislation would be required to perft'ct tiie system. As the proposition to establish a Bank of Credit Foneier has b(!en made exclusively fur this section of the Province, we need not allude to the mortgage systeuj novv' in operation in the VVestcirn Section. VVc shall quote from a French political economist of some note, to show the opinion in France in 1852. Mr. Chegaray in his Report to the Legislative Assembly, thus expresses himself: " In July, 1839, our honorable colleague, Mr. Wolowski, submitted to the " Academy of Moral and Political sciences " (I' Academic der. Sciences Morales et Politiques) an able dissertation, in which he gives to the public for the first time, a history of the working of the Credit Foncier Institutions which have been established in Germany since the eighteenth century. He })roposed the introduction of a similar system into France, with the proviso, that there should be Legis- lative Reform in the mortgage system (Reforme de la Leghlaiion hi/pothecaire). M. Rossi, who was in- structed by the Academy to analyze this dissertation, gave to this apparent innovation, the benefit of all the penetrating, pains-taking, and practical attention for which he was justly celebrated." Josseau thus writes on the subject of the privi- leges granted to " La Banque de Credit Foncier de France " : — In the first place, the privilege of Sequestratica {sGf/i'estre), which docs not aflect the revenue of the t )f te [c c -^ 45 5=^ property, excejDt in so far as it is necessary to prolect the interests of the Bank, until the debt is licjuidaled. Secondly. — Special procedure in expropriation Qn'o- cedure speciale d^ expropriation.) The cost of this proceeding has been greatly re- duced (and this is advantageous to the borrower), but the delays and formalities, although shortened, otler to the proprietor sutficient safeguards, and th'' neces- sary time to procure money, if he has not, in reality, lost all credit ; and perhaps, if reduced to such a posi- tion, it were better that he should be liberated by the property passing into other hands. Besides, in fact the existence of these privileges is merely nominal. i3y the Statutes which incorporate the "Credit Foncier," it is provided that the Bank shall only lend on the lirst half or the first third of the immoveable :- ing to Article 32, of the decree of 28th February, 1852, demand the payment of the capital. Art. 77.— Tlie amount of the capital would be equally exigible in case of any misrepresentation or dissimulation on the part of the borrower with regard to any other mortgages for which his property may be liable. Art. 80.— The same would be the result in a case of damages to the property, with the reserve, that the owner can repair these damages within one year. Should any dispute arise between the bank and the borrower, with regard to any of the points above explained, they shall be decided before the Civil Tribunal in the jurisdiction of which the properties mortgaged are situated. The case is there disposed of in a summary manner, and the judgment cannot be appealed from. This proviso is intended to save the Credit Foncicr Bank (which is compelled to pay the interest on its bonds regularly) from the slow and unsatisfactory proceedings which the debtor might enter upon, with a view of gaining time and prevent- ing expropriation. In the annual report of " Le Credit Foncier de France " submitted to a meeting of the Shareholders, 29th April, 1862, we find the following allusion tr the mortgage system in France :— " Without departing from the rules of strict prudence, we have reduced the formalities and the verification of titles to a system which alone can secure a proper administration of our affairs, in the present uncertain condition of our 50 C: legislation respecling mov\gi\gcs—{leffislalion hypo- thecairvy^ — With souk; precautions and some slight improvements, the mortgage system of Lower Canada could be brought nv.ar to perfection. Tiie experience of the French in their management of Credit Foncicr Institutions clearly j)roves that the French law of pro- perty, to which ours bears a strong resemblance, can be made to effect the desired object, viz : " To enable the Credit Foncier Institution to discover easily, promptly and economically, the existence of mort- gages which would take rank before that granted by the borrower to tlie Society." \ -r>5r: I CIIAVTKIi *■ ■■'^■r>- Gencral llevicw ol'lhe System ns it has been worked in J'^iirope, I We have already stated tliat the first Credit Foncier Institution was organized in Silesia, a })rovinee form- ing the south-east portion of Prussia, after the snvcn years' war, when the inhabitants were so deeply in debt that they eould not meet their pecuniary engage- ments. Frederic the Great received with favor and sanctioned a plan (offered by a merchant named Kaufmann Buhring) which recommended the forma- tion of a Society based ujion the principle of " terri- torial credit." He ofl'ered to aecom))lish this by a compact of all the Sllesian Proprietors of the soil. When this Society was formed, capitalists instantly ceased to be anxious with regard to the position of any individual. They loan(,'d their money to the Society, which promised to pay the interest regularly, and to reimburse the capital during a certain number of years. The uncertainty attached to individual credit im- mediately disappeared, and unlimited credit re[>laced it. -^ 52 f>- Thns was ()rii,nnated tliu Inslitulion of Icttrcs de i^a^c, pfitndbrirfe. It liiis iK'cn successfully worked und pcrlcctcd since that lime. Other Societies were founded in Europe in 1777, 1781, 1782, 1787, 1788, 1791, 1803, 1811, 1818, 1822, 1825, 182G, 1827, i832, 1811, 1842, 1814 and 1852, fre(|uently at times when the peo|)li" were exhausted by wars and misfortunes. In a former Chapter we have named some of the leading Credit Foncier Institutions of Europe, and we shall now proceed to add the following to that list : 1st. The Mortgage Bank of IJavaria, which carries on the joint business of lending on mortgage, discount and insurance. 2nd. The Rent Establishment {Rcntcn Anstall)^ of Hesse Darmstadt, which lends on mortgage. 3rd. The Credit Bank of the Duchy of Nassau. 4th. The District Bank of VVurtemberg. 5th. The Mortgage Banks of Berne and Balc- Campagnc. 6th. The Proprietors I3ank and Mortgage Bank of B clirumi. The Institutions formed and directed by the Slate are 1st. Hcsse-Cassel Bank. The Territorial Credit Bank of Ilesse-Cassel (Landes Credit Casse) was established principally to assist in the {)ayment of i -<5 53 >- tithes, ronts niul other feudal liabilities ; it also lends on mortgage to small proprietors. 2nd. The Territorial Credit ln>titi:lion of Hanover. 3rd. SevcrailJanks of Wi^slphalia, establisli(>d with a view of relieving property from mortgage, demands or debts. 4lli. A Hank eslablislied in the Uuehy of Baden, with the same objeet. 5th. The Credit Bank of Denmark, established in 1787. 6lh. The Loan Bank of the Empire of Russia. 7th. In Belgium, a projeel beeame law in 1850, to establish a Credit Foneier liank. The Chambers decided upon the; establishment of the Bank as a central monopolizing power, but managed by the State. All the details of the working of this Institu- tion are placed in the hands of a distinct manage- ment, but subject to the directions of the Slate itself. The most modern Institution of any note in Europe, and certainly the most important, is " Le Credit Foneier de France." It is still in its infancy, but already possesses a history. This history, remarks Mons. Josseau, (in his latest work of 18G0) may be subdivided into three distinct epochs : 1st. The decree of 28th March, 1852. 2nd. The decree of 10th December, 1852. 3rd. The decree of 6lh July, 1854. The first was the decree authorizing its organiza- tion. The second gave it the title of " Credit Foneier de ^ 51 c- Fmnci*," cxtcndod its piivilfgos to all the Provinces outside of tin; limits of Ni-vor.s and Miirseilles, gave it tli(! |)(t\V(-'r of amalgamating with thcso Soeh.'ties, aulliorizod the incn-ase of its capital to GO luillions francs, and granted to it a State subsidy of tun mil- lions of francs payable as required, for the replace- ment of loans made on mortgage. The third decree* of 1851, Mons. Josscau looks upon as a j)eriod of revival in the afl'airs of " Le Credit Fonder de France," It gave to the Institution an organization similar to that of th<> liimk of France. The Emperor appointed the Governor and two Deputy Governors of the Institution, whose duty was to repre- sent the State in that supervision, of which we have already treated. Some idea may be formed of the wonderful pro- gress of this Institution, l)y the following figures made up in 1860. " In 1855, the Bank only loaned 12.J millions franc??^ in money. In 1856, only 8.^ millions. During the first half of 1857, the amount had gone down to two millions. In the second half year, the amount of loans was raised to six millions, all in bonds of the Society instead of money, and in 1858, the amount of loans cftected in bonds, reached the enormous figure of 30 millions ! The general transactions of the Bank during those- years increased as follows : — 1857 francs 73,254,953 1858 " 241,853,504 1859 " l,200,000,00a 1> C r V \ TliL- latest Report of " Le Credit Foneierdt; Frniico," pul)lislie(l in Ajjrii, 1802, is well worthy of serious consideration. Tlie amount of annuities on loans made by the IJank, duo at the end of the year 1801, was : Francs. c. 11,331,510 02 Tlu! Bank had collected on the 31st December, the date at which this amount was due 10,853,850 02 Leaving a balance still due of. . nTjCOO 00 This balance was, by snbsctiucnt payments, in a few weeks, reduced to the small sum of U7,130f. OGc., or about one per cent, on the total amount of annui- ties which had fallen due in the course of that year. In another branch of tlu; operations of the Hank called in France; " Prels Communanx," " loans to Municipalities on the security of the Commons, or pasture grounds " ; we lind a result e(|ually if not more satisfactory. The Hank had to collect in annuiti(\s from this source during the year 18G1, G52,015f. -iSc. This sum had been paid up, in full, on the 31st Decem- ber, 1860. The amount of annuity due for the halt- year expiring on the 31st January, 18G2, reached l,033,356f. 23c. At lh(> date of Report (29th April, 1802), this amount was also paid up in full. Such results should naturally induce us to believe wrwiitw»H^iaii • i tt n ffi-'--' f* f ^:=5i 56 $: that the system, as in operation in France, must be based upon sound principles, and must be conducted in an able manner. The success of all the Institutions of this kind which are in full operation throughout Europe, from which "La Banque de Credit Foncier de France " borrowed its model, is clearly proved by the most reliable authors. Mons. Royer's voluminous Report to the French Government, after a visit paid to all the coun- tries of Europe in which the system was in operation, leaves no doubt upon this subject. — cj^ef>5=— ■\ 1 CHAPTER 9. "Is the scheme practicable in Lower Canada, should it l)e applied, and on what principle?" CONCLUSION. We feel ihat it would be imprudent to approach this important branch of our subject without extreme caution. So much has been written through the press, in favor and against Credit Foncier Institutions, that we are compelled, in deference to the contradictory opinions which have been expressed on both sides, to refrain from offering any very positive opinion with regard to the principle upon which it should be intro- duced into Canada. The opinions of the leading political economists of Europe, which we have quoted in former chapters, and the details of the working of the Landed Credit System in France, as late as 1862, abundantly prove that the; Institution of Credit Fon- cier might be advantageously put into operation in this Province. It is very evident that the Provincial guarantee asked for by the St. Ijyacinthe Committee, has been the main cause of the opposition which has been manifested, and the objections which have been raised to its introduction into Canada. Twenty mil- msmh u um-i m -ivm lions ol" dollars is no trilling sum to add to the Pro- vincial liability, and a demand for an equivalent of twenty millions for some purpose, in the Upper Sec- tion of the Province, would inevitably be made the principal condition of a grant to the Lower section. Although we do not share the fears expressed by the opponents of the scheme with regard to the risk which would be incurred by the Province, in giving such a guarantee, still, we fancy that the St. Hya- cinthe Convention have aimed too high al the outset of the enterprise. It might, perhaps, have been more in accordance with the rules of political economy, to have commenced with a smaller demand. There is a wide-spread feel- ing of alarr.a throughout the country at the prospect of the guarentee of twenty millions of dollars, and in the present state of the Provincial finances, it might be prudent to moderate the demand. Above all, the movement, whatever phase it may assume, should be joined in by all political men, regardless of the lines which divide political parties. It should be viewed as a question purely of political economy ; it should be treated on its merits, without prejudice and with neither fear nor favor. Members of Parliament will, we are convinced, give the sub- ject an impartial and unbiassed consideration. By such !i proceeding they will aid in throwing new light upon the working of the system of Landed Credit, and they will not fail to discover whether it be appli- \ -^ 59 *> cable to the position of Lower Canada, and how it should be applied. The question of introducing a system of Landed Credit into Canada, was first seriously broached in 1852. A. E. Kierkzowski, Esq., of St. Charles, then one of the Directors cf the Lower Canada Agricul- tural Society, now member for the County of Ver- cheres, published a pamphlet with the title " The Question of the Seigniorial Tenure of Lower Canada, reduced to a question of Landed Credit." In the preface of this interesting " brochure " we find the following opinion : " The cause of agricultural progress is impeded by " an obstacle which, so long as it is not removed, " will render the efforts of Agricultural Societies, for " the most part, fruitless. " The absence of capital, of which farmers might " dispose, is the obstacle to which I allude. The rota- " tion of crops, the use of manure, drainage, arti- " ficial meadows, &c., &c., although undoubtedly " great improvements and excellent things in them- " selves, will always be for the majority of Canadian " farmers theories of a difficult application so long " as the pecuniary means are wanting for the outlay " which such improvements render necessary." The plan of the writer at that time was to abolish the Seigniorial Tenure through the establishment of a Landed Credit Institution, and he expressed his firm opinion that, " Agriculture would receive vigorous ** impulses from the establishment of such Institutions s« .* 60 «>=- " which the Seigniorial Tenure question is alone " suificlently powerful to create in this country." Mr. Kierzkowski's proposition was to form a com- pact society composed of the censitaires, and to con- vert the debt due to the Seigneurs into an amount borrowed from the Landed Credit Society, payable through a Sinking Fund, at long date. He further remarks that, "the plan of which we give the principal features, is the faithful application of the principles followed in several parts of Germany and in Poland, modified and ameliorated to suit the political and social constitution of Canada, and we are satisfied that such a system would be in many respects more adrantageous to Canada, that it has been to the above mentioned countries." Further on he says : — " The system has been recently introduced into Belgium and France, and it will depend entirely on the manner in which it will be received in Caiiada, to give life and motion to public or private credit, or prove its death blow," And : — " The Institution of Landed Credit established at first with view of the commutation of the Seigniorial dues, might at the same time serve to provide Farmers in Lower Canada with the capital which is necessary to them in order to improve the present condition of their lands which are exhausted by a long and improvident cultivation." If these words were true in 1852, they are of equal importance in 1863. The lands of Lower Canada are certainly not improving. The v.'ant of available capital is sadly felt throughout the country villages, 4 -*61 *^ 4 and a Landed Credit Institution would be hailed with satisfaction by the whole rural population. Its esta- blishment, though on a small scale at the outset, would sound the death-knell of usury and extortion. The establishment of a Bank, with a Capital sub- cribed by Shareholders to the amount of even !^400,000, would be a favourable commencement of operations. We apprehend that no objection would be then offered to the Government guarantee for a similar amount. As the Society would conduct its operations with the strictest precaution, it is highly probable that no dangerous loans would be made. The limited capital at the disposal of the Bank would naturally lead to limited and safe operations which would increase from time to time, as circumstances might justify. The discussion in Parliament will more am^Ay develope the details of the introduction of the system into Canada. That it is practicable and highly desir- able, no one, we venture to assert, will for one moment question. We therefore trust t' it the establishment of a Banque de Credit Foncier will receive that attention which its importance deserves. In conclusion, we have to ask the indulgence of the reader for the many imperfections which this little work contains. If it can serve, however, to impart some useful information on the subject of Landed Credit, its object will have been amply attained. -<* 63 *»- TABLES OF THE SIXKIXG FIND OF " LE CREDIT FOXCIER BE FK.WCE." Table 1.— Repayment of a Capital of $100 on loans for 20 to 50 years. Interest at 4^ per centum per annuni. Duration of Loan. Years. 20 21 22 23 24 25 26 27 28 2!) 80 31 32 33 34 85 3rt 37 38 3 it 40 41 42 43 44 45 40 47 48 4!t 50 Annual Sinking Fund. $ c m. 3.22, 2374 9. 91), 0114 2.7!», 1076 2 00, 0200 2.43, 7322 2 28, 3028 2 14, 1028 2 01, 1082 1.8<», 1950 1.78, 1382 1.07, 9030 1 58, 1.49, 1.41, 1 33, 1 20, 1.19, 1 13, 1.07, 1 . 02, 0.97, 4116 5916 3816 7270 5796 8900 0382 7716 2052 0910 0.92, 2254 87, 0440 83, 3270 7!t, 2554 75, 4124 71, 7820 0.08, 3504 0.1, 1(»-U 0,<>2, ().i2n 59, ]22(» Total Amount of Annuity. $ c. 8.07, 7.84, 7 64, 7 45, 7 28, 7 13, 0.99, 80, 6 74, 6 03, 6 52. m. 2374 6114 1676 6206 7322 3028 1628 1682 1956 1382 9036 6.43, 4116 6 34, 5910 6 26, 3816 6.18, 7270 6.11, 5796 6.04, 8960 5 98, 6382 5 92, 7716 5.87, 2652 6 82, 0916 5.77, 5 72, 5 . OS, 5 . 64, 5 . 00, 5.50, 5 53, 5 50, 5 47, 5 44, 2254 0440 3270 2554 4124 7820 3504 1044 0820 1 220 Half yearly instaimunts. Number. 40 42 44 46 48 50 52 54 50 58 60 62 64 60 68 70 72 74 70 78 80 Amount. c. 03, 92, 82, 72, 04, 50, 49, 43, 37, 31, 20, m. 0187 3057 0838 8103 3601 0514 5814 0841 0!»78 5091 4518 3 21, 7058 3 IT, 2958 3 13, 1!1(I8 3 09, 3635 3 05, 7898 O ** 02, 4480 2 99, 311H 2 90, 3858 2 93, 0326 2 91, 0458 82 2 88, 6127 84 2 86, 3220 86 2 84, 1 635 88 2 82, 12, "7 90 80, 2ur)2 92 2 78, 3910 94 2 76, 6752 itO 2 75. 0522 98 2. 73, 5160 OD I 2 72, 0610 Interest at 3.70 per cent. Imration of Loan. 50 veara. Annual Sirtking Fund. $ c, m. 70, 4332 4i. Total Half yearly instainit-nis. Amount of \ ,- Annuity. $ c. m 5 00. 0000 : Number, Amount. 100 % c. m. 2 50, 0000 -a^ 64 *» .s s I J2 S, >> - 5 ■g ~ CO c o. H-2 rt . CCi eo -+< * o t-^ ji" t--r r-T o" -t" •&cct-^ o" lO i.O iO >.-5 •* C-J O l.» >+• rH i-iTf4t-.005OC5t-. eJOi:^C»O«+iOC0C0CiCl 't t- r-l Tjt t- O CI -I*! O t- ^«& CJ CO Qo' t- O CO lO ■*' CO CI O O C^ C^ Cv O O^ C^ C^ Ci C5 <£> -^ CI -+I 1^ -^ -HH "O O) C". 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X 1- to to 01 X -f C to T— t- CO 33 1.0 -f -H 10 to tr i~ i~ X X 33 01 Cl Cl Cl 01 Cl Cl Cl Cl Cl 33 X t- to 10 -♦' CO Cl -H C 33 X t^ to -f CO Cl r-H 33 X L- to 1.0 -t CI Cl rH ^ Cl CO -f 10 to 1- X 33 Cl Cl Cl Cl Cl Cl Cl Cl 01 CO rH 01 CO -*l 1.0 to l^ X S3 CO CO CO CO CO CO CO CO CI t -- Cl CI -*< 1.0 -o I- X 3. r •*-H-t'1<-t-trr-r-^iO — c{3 66 «^:— TABLES OF SINKING FUND. Jin, 9 . Anticipatory payment in part, on a loan of 100 dollars, With a proportionate reduction of the ujniuity on luantfrom 20 to 50 i/ear.u Loans at 4^ per cent, interest. c 3 Siinitobcpai( 1 Sum to he c Sum tobcpaic Sum to be in for capital deducted o in for capital deducted iiul indcinnit; f from tlie first c/3 and indcnmit> from the first g 3 per cent. annuity. u ei 3 per cent. annuity. ^ >H $ c. m. $ c. m. 49 5.47, 0320 24 ] 7.28, 7322 48 5. CO, 1044 23 7 45, 6206 47 5.63, 3504 22 • 103 00 • 7.64, 1676 46 5.56, 7820 21 1 7.84, 6'14 45 44 • 103.00 ■ 5.60, 4124 5.04, 2554 5 68, 3270 20 8.07, 2374 43 19 ■ 8.32, 3912 42 5 72, 6440 18 8.60, 4950 41 5 77, 2254 17 8.92, 0708 40 6 82, 0916 16 9.27, 7700 •X 15 14 ■ 103.00 • 9.68, 4200 10.15, 0812 39 5.87, 2652 38 5.92, 7716 13 10.6!t, 1422 37 5 98, 6382 12 11.32, 4544 36 6 04, 8960 11 12.07, 5420 35 34 33 ■ 103.00 6 11, 5796 6.18, 7270 6 26, 3816 10 . 12 97, 9386 9 1 f 14.08, 7484 32 6 34, 5916 8 15.47, 6280 31 6.43, 4116 7 17 26, 6080 30 6 52, 9036 19. Co, 7402 ■> f 5 4 ■ 103.00 • 2G.01, 1174 28.04, 9246 29 6.63, 1382 28 6.74, 1956 3 36 45, 5934 27 ■ 103.00 ■ 6.80, 1682 2 53.28, 4184 26 6.99, 1628 1 103.79, 8672 25 J 7.13, 3028 J J . TiBLE OF CONTENTS. PAom. CnAPTEB 1.— The plan of the St. Hyaclnthe ConTcntion. . 1 *' 2.— The adviuubility of eBUblitthiog a B. de " Credit Foncier" upon a solid basis. ... 6 " 3. — The nature of the organisatioa of the Bank . . 13 " 4, — The proposed Provincial Guarantee — Terms the Guarantee 20 '• 5. — Government control 28 " C. — Interest, sinking fund and coat of management, their nature, and the conditions of loans. 34 " 7. — Privileges to be granted to the Bank — Reform of the mortgage system 43 " 8. — A general review of the working of the eystem in Europe 61 " 9. — Couclusiou. Thepracticability of the scheme as applied to Lower Canada, and the prin- ciple upon which it should bo applied. . . 57 I APPENDIX, 1.— Table of Sinking Fund 63 2. — do of Anticipatory payments in full 64 3.— do do do in part 68