uMtM s 6J2 GIFT Ml II TIW1M A ^ 'snoBjAg LETTERS HONOURABLE LEVI WOODBURY, SECRETARY OF THE TREASURY NITED STATES. N E W- Y li K ; I.. IS. ( I.AVI'ON. I'KIN'I'llli AM) ST \Tlo\KU. 1837. LETTERS HONOURABLE LEVI WOODBURY, SECRETARY OF THE TREASURE UNITED STATES. I V ~ NEW-YORK: E. B. CLAYTON, PRINTER AND STATIONER, No. 59 WALL-STREJT. 1837. UBRAk'Y LETTER I. To the Hon. Levi Woodlury, Secretary of the Treasury of the United States. SIR: The subversion of the business and currency of the United States, has become a subject of deep concern, as well as extensive suffering. To you, as presiding over the financial duties of the administration, it presents more weighty cares than have ever before occupied the consideration of the Department. Had the catastrophe resulted from any of the causes by which nations have been overthrown, the strength of man withered, or his wisdom baffled had war, famine, or pestilence been its origin we might foster the hope of better days when those evils should cease to afflict us. But in a time of profound and continued peace, unin- terrupted for more than twenty years; when health, with little exception, has been universal ; when the earth has yield- ed its abundance ; when industry and enterprise, in every de- partment, stimulated by the richest rewards to unexampled efforts, were putting forth all their powers ; when the national debt was paid, and our only fiscal embarrassments arose from excess of revenue ; when wealth seemed to pour spon- taneously into the coffers of every individual; what appeared 20O3514 like a spell of enchantment suddenly paralysed the nation, and overwhelmed both government and people with bank- ruptcy. Utter death has come over the business and cur- rency, and all confidence is annihilated. The prostration is so entire, as to leave no hope but by such an extraordinary application, as will at once impart new life to the dead mass, and control those causes of dissolution, which, if left unre- strained, would again prove too powerful for even the best established system to sustain. In this appalling state of the country, sir, I take the liberty to suggest some considerations on its causes, and the remedies which may minister relief. Just anterior to the prostration of business, our manufac- tures and commerce were greatly extended, and conducted mainly upon credit. Individuals and companies, with little or no capital, were often found to employ tens and hundreds of thousands. These borrowed means were supplied by the immense amount of paper currency furnished by the banks, which had been established in all parts of the United States. The banks on the one hand and men of business on the other, considered it for their respective interests to employ the greatest possible amount of paper money. As the profits of the banks were proportional to their discounts, and these were done by the issuing of paper, it is very obvious, that there would be a constant tendency to excess. This would be restrained by nothing but the necessity of redemption. But unless an adverse balance of trade, requiring remittances to foreign countries, or some other exigency out of the ordinary course of domestic business, should create a demand for specie, none would be exacted. Paper, being the more conve- nient currency, would be preferred in the common exchanges of trade, and the gold and silver would repose in the banks. During such a period no redemptions are necessary, and emissions maybe unlimited, but for the fear of its termination. Men of business who expect emoluments proportioned to the number and amount of their operations, stand ready to gratify the cupidity of the bankers, and employ all the paper which they can persuade them to issue. Experience has ever shown, that there is no foresight, either in those who manage moneyed institutions, or in those whose extravagance they stimulate and sustain, sufficient to restrain the most ruinous excesses. An increasing currency occasions in- creasing prices. These react upon the spirit of trade and manufactures, and by their mutual influence, engender the utmost excesses. A circulating medium on a par with specie, and which costs nothing but the work of the engraver, is a manufacture too precious to be monopolized by a, few moneyed institutions ; and the legislatures of the several States must be plied with continual memorials for acts of incorporation. Thus banks become multiplied, their competitions sharpened, prices raised, overtrading and speculation cherished, and imaginary fortunes acquired ; and the necessary consequen- ces of this factitious and unnatural state of society must soon be expected to follow. But no artificial state of the currency can be long preserved. The quantity of the circulating me- dium of any country, while its general standard value is pre- served, cannot be permanently augmented beyond the natural quantity allotted by the laws of trade, nor can its value be increased by any artificial expedients. No attempts to ac- complish either have ever been successful, even when made by the most despotic monarchs. All laws relative to tender, or prohibiting exportation, or adulterating coin by a mixture of the baser metals, or augmenting the whole mass by a con- vertible paper currency, have proved utterly impotent. The last expedient that of convertible paper money will in- crease the relative value of the currency for a little while, until it finds its level in the market. This renders it more mischievous than if its decline were instantaneous ; for, as there must be a change of prices, in the progress of its de- preciation, without any change of values, all contracts fixing on a stipulated sum to be paid at a future period, must ope- rate to the injury of one of the parties. If the seller should insist on payment in specie, he will sustain the same loss as if he received paper, for the depreciation extends equally to both, so long as the banks redeem their issues. If the increase of the currency has raised the price of commodities twenty-five per cent., between the time of the making and the maturity of the contract, that proportion will be the measure of his loss, as the money has lost so much of its value. All who have fixed revenues from past investments all who depend on stated salaries as the officers of government and others and, in short, all who receive money on past contracts, must suffer in proportion to the change it has undergone in the intermediate period. But the value of money must be, and will be inversely as its quantity. It has been well re- marked by some sound political economists, that if every man's money throughout the world were doubled in one night, by a miracle, the mass would be worth no more. The only effect would be, that two dollars would be necessary, afterwards, to do the office which one performed before. He who previously carried one dollar to market to buy a bushel of wheat, must afterwards, other things remaining the same, carry two for the same purpose. Would such an increase be of any use ? The precious metals derive their value from their scarcity. A quantity sufficient for an adequate subdi- vision, has all the value, and all the usefulness, of any greater amount. Beyond this, the amount of currency in the world adds nothing to its value, and does but increase its burden and inconvenience. Silver is more plenty than gold, and for this reason its value is less and its inconvenience greater. Were silver annihilated, the value of the currency would not be diminished, for gold would assume the entire value of both; although its quantity might not be\ sufficient for the re- quisite subdivisions for small change. The remarks which we often see in the public addresses, and in newspapers abroad and at home, that the quantity of specie in the world is not sufficient to perform the ex. changes of trade, and needs, for that reason, the addition of paper, is adverse to well established principles, which are confirmed by the experience of every age and nation. Perhaps the language here adopted, that the prices of commodities are raised or depressed by the greater or less amount of the circulating medium, is not as strictly accurate, as to say, that the value of the money itself is varied from that cause. All which is meant is, that money, like mer- chandise, is subject to that great law of the market, by which the price of any thing depends on the demand and supply. In the case above supposed, of doubling the whole amount of money in one day, it is the value of the money only, and not the value of commodities, which is affected. The supply and demand of wheat will remain the same as before ; but its price is raised, because the supply of money in proportion to the demand for it, is increased, and thereby the value of each dollar is lessened. If such increase in the mass of money takes place in one market only, each dollar will be of less value there, than in others, where no such change has occurred; and by the laws of trade, the currency will flow into that market where it is more scarce, and there- fore more valuable. If wheat has the same price in Russia and the United States, and by a sudden increase of the currency, its price is doubled here, the merchant who sends his money to Russia and imports wheat to this country, will make a great profit in the operation. In this manner money will become equalized, by an exportation of that portion of it which is current abroad, as certainly as a heavy body will fall to the earth by the force of gravitation. As money is unlike any other article, in that it is the common measure of value, and gives the nominal price to all commodities, we speak of the rise and fall of these commodities, when the rise and fall of money only is intended. Other articles rise and fall in the same manner as money by changes in their intrin- 8 sic value, by reason of the relative demand and supply. Hence, the vacillations in the market price of cotton, or any other commodity, may occur, independently of any change in the value of money. This may cause an exportation of specie to meet the demand of creditors abroad. But no con- vulsion in the currency can result from it, if the natural amount of money has not been increased, by the issue of paper, as will be more fully explained hereafter. Changes may, and will continually occur, in the prices of each article of mer- chandise, from a change in its intrinsic value ; but those resulting from money are general, and affect every commodity alike. Therefore, an amount of money in this country, above its portion allotted by the laws of trade, cannot be long preserved. The rise of prices is the inevitable consequence. As soon as this is found, by a comparison with foreign markets, impor- tations will take place from abroad. This will create a balance against the country, which must be settled by that portion of the mixed currency which will circulate abroad. Thus, specie will begin to flow from the United States to Europe. This movement will hardly be perceived at first, in its influence on our domestic operations ; but the loss of every successive million, which leaves our shores, will be more heavily felt than the last. Whether banks have forty or thirty per cent, of specie, in proportion to their circulation, is of little moment, if they can still meet their redemption, without embarrassment. But the gradual exhaustion will soon reach a point which will compel them to contract their discounts. When this is done, especially after such an enormous expansion of business and currency as we have just experienced, the shock pervades the country. The present crisis was unexpected, mercantile sagacity had overlooked the laws of trade, which are grounded on the laws of nature, and had embarked, with reckless confidence, on the ocean of a baseless credit. But they soon began to feel its ebb. For 9 some time prior to the suspension of business, as the banks found themselves unable to meet the growing demands of the country by mearis which were daily diminishing, their de- pendants, to sustain a credit now in peril, and clinging with the grasp of death to the enterprises in which they had em- barked, were found in the shops of usurers, borrowing money on the sale of notes at from one and a half to five per cent, a month. Under this lash, the merchant, manufacturer, and speculator began to sink the crisis came they were com- pelled to stop the banks soon followed their example, and the whole country is now in ruins. Whenever the foreign debt is extinct, partly by remittance and partly by bankruptcy, so that the exportation of specie will cease, the banks may recover and business recommence ; for there is no difficulty in sustaining an unlimited paper circulation, during that state of the country which renders redemption unnecessary. The same train of causes and effects will then again commence, and result in the same catastrophe. As the quantity of money, augmented by the paper issues, while they are convertible, cannot be permanently increased, nor any thing added to its natural value, prices will again rise importations of goods exportations of specie the con- sequent disability of banks embarrassment of their debtors suspension of specie payments and general insolvency will again fill the country with high hopes and broken hearts in regular succession, and deepen the corruption of morals which extravagance, speculation, and luxury, followed by disappointment and despair, never fail to produce. From these facts and considerations, it is clear, that the present state of the country is the effect of a fluctuating cur- rency, occasioned by the vacillations and excesses which must inevitably result from an unregulated system of banking. From 1792, when we had only eleven banks, with an au- thorized capital of eighteen millions, until the present year, when their number, including branches, is about 800, with 10 an authorized capital of near four hundred millions, they have been constantly, but not uniformly, increasing. As the money market has been affected by the state of the country, their increase has been accelerated or retarded, but never prevent- ed. Their effects, although less severe, have been the same in their essential characteristics, from the time they became the chief reliance of commercial operations to the present period. The shocks on the market have increased in severity, in proportion to the number and capital of banking institu- tions. This is the first instance of the entire suspension of specie payments from this cause. Eight hundred banks have effected what a less number had failed to accomplish, although in 1825 less than half as many almost consummated a similar result. Your extensive observation, Sir, will approve these re- marks. They embrace a simple detail of a series of causes and effects in the commercial world, which you have again and again witnessed. But the system needs correction only, not annihilation. " The perversion of the best things converts them to the worst." We should not discard a powerful agent, merely because its energies may be so employed as to pro- duce destruction. The world would be unwise to dispense, for that reason, with the use of steam or fire. Banks would become as harmless as they are powerful, under proper regulations. We want a medium, through which the money of the capitalist may pass into the hands of the man of business, to stimulate and reward the industry of the nation. In our extensive country, we eminently need those facilities of exchange which shall render money, in the most remote districts, of equal value ; and which shall enable purchasers in one part of the United States, to remit to distant sellers in another, any sums, large or small, without the transportation of specie. That neither the government nor people may suffer injustice, the payment or receipt of a hundred dollars by the national treasury in the city of New-Orleans, must be 11 equal to the same in the city of New- York. The government must be enabled, without diverting the currency from its channels of circulation, and without loss, to disburse in one part of the country the revenue collected in another. These several objects cannot be effected but by a well regulated banking system. Such a system, therefore, is essential to the prosperity, and important to preserve the union, of these States. If it can be so constructed and regulated as to accomplish these objects, and at the same time, be made incapable of disturbing the trade or currency, its utility will be universally admitted. That these desirable ends may be effected, 1 will endeavour to show in a future communication ; but, in my next letter, will consider the question, whether any adequate power for this purpose is conferred on Congress by the Constitution of the United States. FRANKLIN. August, 1837. LETTER II. To the Han. Levi Wbodbury, Secretary of the Treasury of the United States. . SIR : In my last letter I endeavoured to show, that the general suspension of business, and perfect destruction of " commerce with foreign nations and arriong the several states," was caused by the excess of paper issued by about eight hundred banking institutions. So long as like causes produce like effects, we may expect a similar succession of events, and a similar catastrophe, whenever there is time for the maturity and explosion of another paper bubble, unless a power is somewhere lodged to prevent its repetition. It is the interest and duty of every citizen, and especially of those in- trusted with public authority, to consider whether such a power exists, and, if it does, in what manner it may be exerted 12 and applied, and to you, sir, the financial counsellor of the national government, the subject addresses itself with solemn emphasis. Although the states have power over their respec- tive banks, yet the authority of each is confined to those within its own territory, and no one can control those of other states. All attempts, therefore, by the states severally, to regulate the national currency, would be limited and abor- tive, even if they should make any ; which is utterly hope- less and chimerical. But I shall endeavour to show, that this power resides in the Congress of the United States, to whom the duty is explicitly intrusted by the constitution/ Although the provisions of the constitution which bear on the subject are very familiar, yet I will cite them, that I may more clearly assign the reasons on which my opinion is ground- ed. In enumerating the powers of Congress, in the third clause of the 8th section of the first article, are these words " To regulate commerce with foreign nations, and among the " several states, and with the Indian tribes." In this section, the powers of Congress are enumerated, not defined ; but the language is so plain and explicit, that no exposition or com- mentary was necessary for its clear apprehension. It is often contended, that no implied powers are conferred; that we should reject all constructive authority ; and consider that which is not expressly given, as denied. This is considered as being the object of the tenth article of the amendments, which is in these words : " The powers not delegated to the United " States by the constitution, nor prohibited by it to the States, " are reserved to the States respectively, or to the people." Without this amendment, it would seem too clear for contro- versy, that powers not delegated are reserved. We have still to go back, unfurnished with any new rule of construction, to ascertain, by the language of the constitution itself, what powers are, or are not, delegated. But for the purposes of the present question, I will assume, that Congress have no con- structive powers, but are confined to such only as are expressly 13 given. No one, however, who contends for this rule of con- struction, will say, that no power to regulate commerce is conferred at all. because no act, to be done by Congress, in regulating commerce, is particularly named or described. It will be admitted, that in regulating commerce Congress must do something. How, then, as the power is conferred in gene- ral terms, and no act specified in the constitution, are we to determine what they may DO ? Either they have no power given by the clause at all, or else they have power to do any act which is necessary or proper for regulating commerce. The wise men who made the constitution, seem to have pre- sumed so much on the folly of those who should come after them, as to foresee the strange doubt, whether the conferment of an authority bestowed the power of exercising it. In order to dissipate that doubt, they expressly provided, in the 17th clause of the same section, that the Congress should have power " to make all laws which shall be necessary OR proper, " for carrying into execution the foregoing powers, and all " other powers vested by this constitution, in the government " of the United States, or in any department or officer thereof.'* So that, in this case, we are brought, by the reason of the thing, and by the provisions of this 17th clause, to the conclusion, that Congress " may make ALL LAWS necessary or "proper" "to regulate commerce with foreign nations and among " the several States." This power is conferred; and that ex- pressly, not by implication. By what power has the commerce of this country with foreign nations, and among the several States, been hitherto regulated ? The answer is, not by Congress, on whom the power is conferred, but by the several States, through the medium of banking institutions. The word " commerce" comprehends " every species of commercial intercourse," as used in this clause of the constitution ; (9 Wheat. Rep. 193,) and the power conferred extends, therefore, to every part. But the regulation of the currency, more than any other thing, 14 controls commercial operations. It is the instrument of all exchanges. If the banks are liberal in their discounts and emissions, trade is brisk ; if they withhold their favours, it languishes. By creating an excess they raise the prices of labour and of all commodities, and occasion extensive impor- tations ; they withdraw their paper, and prices fall, and importations cease. Indeed, the national government itself is the victim of state banks. The several States have usurped the power of regulating the currency, and have laid Congress in the dust. They have not only wrested from them the regu- lation of commerce with foreign nations and among the seve- ral States, but many other important prerogatives. How can " Congress borrow money on the credit of the United States," if they have no credit, and the money is withdrawn from cir- culation ? How can they " regulate the value thereof," if an alloy of convertible paper is infused, by a power over which they have no control ? How can they "lay and collect taxes, " duties, imposts, and excises, or pay the debts and provide " for the common defence and general welfare of the United " States," if the people have not the means, except in the paper of broken banks, of answering the demands of the government? How are they to see that " all duties, imposts, and excises shall be uniform throughout the United States," when the duties paid in Boston are in an inconvertible paper, worth double that which is received at New-Orleans ? How are they " to declare war," " raise and support armies," " pro- vide and maintain a navy ?" Have not those who have deprived them of the purse, bereft them of the sword also ? Indeed, if Congress discard the power of regulating the cur- rency, they violate their oaths. They no longer " support the constitution of the United States." The constitution is as pal- pably violated by expunging the powers it delegates, as by exercising those which are not conferred. If Congress deny the right, and decline the duty, of regulating the currency, not only will commerce and all national industry be prostrated, 15 but the government will become an empty name ; and our union, independence, and liberties will all be put at hazard. If any one act can be done, and ought to be done, by virtue of the power to regulate commerce, that act is the regulation of the currency. If any "laws be necessary and proper for carrying into execution" all the powers above enumerated, they are laws for the regulation of the currency. Consequently, if any power is expressly and clearly conferred by the consti- tution on the Congress of the United States, it is the power of regulating the currency. But the restoration of our currency to a sound State, ought to be effected with as little injury as possible to existing mo- neyed institutions. Although they have been the sole origin of all the calamities which have been described, yet our suffer- ings are not the result of any conspiracy, or malignant inten- tions. Banks were carried along upon the tide of business, utterly unconscious of the fatal termination of their career. They were violating laws of trade, as irreversible as the laws of Heaven, but they knew it not. For this they are not to blame ; for even you, sir, and others in the most distinguished stations in the national councils, were equally inapprehensive of the fatal precipice : or the public treasures would not have been committed to the deposite banks. Where the actors are involved in the losses which themselves occasion, it is the highest proof of innocence. The little fortunes, too, of widows, orphans, and innumerable others, who do not presume to inter- fere in the management of banks, are invested in their stocks, and must partake of their destinies. A just system of redress will be pro motive of the good of all. The banks need to be brought under national regulation, to save them from self ruin. They and the public must partake alike of common prosperity or adversity. They ultimately gain no good by an unsound or unstable currency. Having endeavoured to show, and, as I trust, successfully, the causes of the present prostration of business, and of the 16 extensive bankruptcies which pervade the country, and that the national government have power to provide relief; I will, in my next letter, suggest such remedies as the interests of our domestic and foreign commerce seem to me to require. FRANKLIN. Augusl, 1837. LETTER III. To the Hon. Levi Wbodbury, Secretary of the Treasury of the United States. SIR : I have attributed the present derangement of the bu- siness and currency of the country to our banking institutions. As I now propose to recommend a national bank, it is incum- bent on me to show why another such establishment will not augment, rather than correct, the evils which it is intended to remedy. For this purpose, I ask your attention to the parti- cular manner in which banks have produced this derangement. As already explained, the whole has been owing to a re- dundant currency, occasioned by the excessive creation of pa- per money. The mixture of paper with metallic money will produce no such consequences, if the whole mass is not there- by increased in amount. If the laws of trade allot to the Uni- ted States one hundred millions of dollars, the withdrawment of one half that amount into the vaults of a bank, and the emission, instead thereof, of fifty millions of paper money, by which this specie may be withdrawn at the pleasure of the holder, would not increase the amount of the circulating me- dium, and would not, consequently, cause the exportation of specie, or any of the other evils which we have experienced from banks. Thus the paper issued by the old Bank of Am- sterdam, never increased the amount of money in the Dutch provinces, or caused any exportation, speculation, or embar- rassment. It was only a bank of deposits, and its paper issues were merely in exchange for so much specie deposited. 17 That paper never depreciated ; but while in circulation, for reasons which need not be here stated, it bore a small agio, or premium, when exchanged for specie. But our banks created a redundant currency. Their power to do this is the precise point in which they need correction. Take from them that power, and they are harmless as well as useful. Prescribe to them such a course, that all their paper in circu- lation shall be represented by an equal amount of specie in their possession, and the remedy is perfected. This object will be accomplished by the simple require- ment, that they shall discount no paper on a longer credit than sixty or ninety days, and shall require punctual pay- ment, without renewal, at the time it falls due. If the issues on these discounts average at one thousand dollars a day, the income on the paper discounted, after a bank has been ninety days in operation, will also average at the same rate. So far as these payments are made in the bills of the bank, those bills are redeemed ; and so far as they are not, specie or its equi- valent will be taken in their stead. Such a portion of the bills as remains in circulation, will be represented by specie thus received, which will always equal the amount of those bills, and lie ready for their redemption, if a suitable limita- tion is imposed on the amount of discounts. As the receipts and emissions are necessarily equal, no addition will be made to the amount of circulating medium ; for just so fast as the bank pours currency into the country, the country pours an equal stream back again into the bank ; after this system of operation has become established, no part of the capital need be retained for the purpose of redeeming the paper of the bank ; but the whole may be invested in permanent loans on safe security, and be made productive to the institution. But if payment of discounted paper is not required at ma- turity, and the credit is enlarged by renewals, the circulation of the bank will continually increase ; for no returns will be made to counterbalance the emissions. The bills issued will 3 18 not be represented by the specie in the bank, but by the pa- per of its debtors. The general prevalence of this practice has caused the redundancy of the circulating medium, and all the fatal consequences which we have seen it produce. A national bank should be so constituted, as not only to be incapable of these abuses, but be obliged, by the rules of its organization, to counteract them in other institutions. The stagnation of all business, the extinction of the currency, the loss of control over the revenue, and the general bankruptcy, poverty, and distress which now prevail, have all been achieved by long credits and renewals. Although a bank of the United States, constituted in the usual form, may execute exchanges, collect and disburse the public revenues, and ren- der many other services of great national importance ; yet it is exposed to the same temptations as other banks, to grant ac- commodations on protracted credit, and sustain an excessive circulation. It should therefore be a cardinal object to impose the most effectual restraints on its giving long credits or re- newing notes. Had all banks been under this restriction, they could never have overthrown the credit of the country. The credit of a national bank should be established on a basis as firm as the foundations of the government itself. It should not only be unquestionable, but should be universally known to be so, at home and abroad. Its credit is identified with the honour of the nation, and should be secured with equal care. Such should be its constitution that no adver- sities, while our government exists, can impair the public confidence in its engagements. Permit me, sir, with great respect, to suggest the plan of a national bank, which I think would attain the ends of such an institution. Sixty millions would be a competent capital. This should all be ultimately invested in bonds, secured by mortgages on real estate, of at least double the value of the sums secured. The rate of interest should be very moderate, not exceeding 19 five per cent. All these bonds and mortgages should be made over to the United States, to secure, from them, a guaranty of thirty millions, to which sum the circulation of the bank should be limited. This guaranty should consist of national stock, bearing an interest of six per cent. A national office should be established near the principal banking house, in which the securities made over to the United States, and the stock created as a guaranty, should be deposited. This office should be kept by a commissioner, appointed by the govern- ment, who should have power to reject any security which he should deem inadequate. Although the national stock pur- ports to carry an interest of six per cent., yet none is to be paid while it is in the hands of the commissioner. It can never be assigned, except under the order of a court of justice ; and after such assignment its interest will begin to accrue. The bank is to be strictly prohibited discounting any paper which will not attain maturity in ninety days ; and although it may take additional securities, yet all agreements, by renewal notes or otherwise, to extend the original credit, should be declared void. Whenever a bond and mortgage is paid, the money should go into the hands of the commissioner, to be held as security for the United States, until it shall be lent on another bond and mortgage, to be by him approved. The paper of local banks, which may be received by the bank of the United States, may be exchanged for specie, or returned for pay- ment, to the bank by whom it was issued, but not used for any other purpose. All collections, exchanges, and disburs- ments for the United States, should be made gratuitously. The bank should at all times pay the bills it issues as a cur- rency, in specie, on demand, at its principal banking house, which should be established in the city of New- York, the great emporium of our national commerce. On violation of any of the provisions of its charter, the Attorney General of the United States should have power to file an information be- fore the Circuit Court, who should have original jurisdiction 20 of the subject. If for forfeiture of the charter, or any other cause, money is to be appropriated to the creditors of the bank, its other assets should be exhausted before any disposition is made of the national stock created as a guaranty. This would constitute the outline of the charter. As the circulation of the bank is only thirty millions and its pledged capital sixty, a resort to the national stock for the payment of the debts of the bank, would not, in any probability, ever be necessary ; and, as it bears no interest until appropriated, it would require no advances from the public treasury. Still, as this pledge would give the banks such a credit in the view of all foreign nations, as well as at home, as nothing else could. confer, it would be of great practical importance to the institution. As the bills issued by the bank, at the commencement of its operations, may return before the maturity of discounted paper, so much capital must be reserved in specie as will redeem them. For this reason, the investments in real estate must be gradually made. As soon as the receipts on dis- counted paper commence, provision to redeem the bills will begin to be furnished from that source, and all those suspend- ed in circulation will soon be represented by specie and bul- lion in possession of the bank. After that, a prudent manage- ment of the affairs of the institution will require no capital for any banking operation ; and any future use of it, to sustain the circulation, should be strictly prohibited, that the currency of the country may be wholly subservient to the laws of trade, and not controlled by an artificial power. So long as the bank is confined to the resources which its own discounts may sup- ply, without the aid of its capital to redeem its bills, it will stand " bound to it? good behaviour." Its debtors will be made punctual the paper of other banks be converted into specie and the guards against a redundant currency will be strengthened. This is no new expedient. Neither the bank of England, nor any other incorporated bank in Europe, em- 21 ploys its capital in making discounts, or in any of its ordinary business. That of England is invested in government stock. If the bank is required to make its bills redeemable at the city of New- York, they will generally be above par in other parts of the United States, from the well known course of exchange. A thousand dollars paid into the branch in New- Hampshire, will purchase a draft which may be remitted to New-Orleans with little cost or hazard, and will there, gene- rally, command a premium in specie, if made payable in New- York, and will be equal to specie if payable at the New- Orleans branch in the bills of the bank. Should this draft be purchased with the bills of a specie paying bank in New Hampshire, the paper of that bank may thus be applied to pay a debt in any part of the United States. The same paper will then be returned to the local bank and converted into specie. This must be done ; for any other use of it is to be forbidden. Thus, the effects of making a remittance, by a draft of the national bank, are, first-, the accommodation of the purchaser of the draft, and his distant correspondent, by furnishing a cheap and safe exchange; secondly, giving an additional value to the local paper, beyond what even specie itself would ha\ e had, without the aid of a national bank : thirdly, compelling the local bank to take in so much of its paper, and thereby check its extravagance : fourthly, com- pelling the same bank to stand in readiness to make redemp- tions, by retaining a competent supply of the precious metals, and thereby reducing, to that extent, the ampunt of currency in circulation : fifthly, supplying the bank of the United States with specie to fulfil its obligations. All payments of local bills into the bank, in any part of the country, must have a like salutary influence on the currency and the respective institutions. But it is unnecessary, sir, to go into detail, to show how such a national bank would meet every want of the government and people, equalize the value of money every where, restrain excess in the issue of paper, and 22 thereby prevent the exportation of specie, and secure a sound metallic currency ; while disabled from affording those long indulgences which are the basis of speculation and extra- vagance ; and compelled, by its own necessities, to impose a like disability on all subordinate institutions. It is common for banks to make an acknowledgment for their charters, by paying a sum of money to the public trea- sury. But this bank would pay its bonus directly to the peo- ple. If its capital, sixty millions, is let out on mortgage at the low interest of five per cent., it confers an annual value of one per cent, upon the loan, on every piece of real estate in which it is invested. If the use of money is worth six per cent., and a farm is encumbered with a loan at five, the pur- chaser, if he can be indulged on the same terms, acquires a credit at a reduced price, and can afford to add a proportional consideration for the property. These mortgages will facili- tate the transfer of real estate, by lessening the sum to be paid in advance. The owner has the same products from its occupancy as if it were not under mortgage, while he is enabled to enjoy the use of the money at a low interest. The bank, in its loans in this department, is accommodated by a long credit ; and the tradesman relieved from the humiliating necessity of frequent renewals, and changing his endorsers. Short accommodations, on business paper, should be opera- tions of discounting ; and the paper of the bank should be em- ployed in them alone. Loans to those who borrow should be made only from the capital, on securities of real estate. The dividends of this bank, arising chiefly from its mort- gages and discounts, would be moderate probably seldom over six per cent. but the stock would be valuable from its unquestionable safety. The people of every State should be equally favoured with the oppoitunity of becoming stock- holders. The stock may be contributed by a bond and mort- gage simply, without the payment of any money ; unless it might be deemed necessary to require the advancement of a 23 proportion, in order to supply the bank with a sufficient sum for the commencement of its operations. This bank, if established, would soon restore specie pay- ments, and inspire universal confidence and credit. The great safety of its stock would command a price in Europe, which would extinguish the balance of foreign debt, prevent the further exportation of specie, and secure its introduction from abroad. It would stand between the local banks and the country, and be an impassable barrier against another inundation of paper money. Bereft of its capital, and for- bidden to extend credits on discounted notes, it could not overcharge the channels of trade by excessive issues. Its necessities could not affect its debtors, and compel them to abandon enterprise which its own encouragements had induced, for a certain day of payment, both on discounts and mortgages, is fixed, and cannot be either shortened or extend- ed at the will of the bank. Its operations would soon subject all other banks to the same salutary law. If any future changes and embarrassments should occur in the market, they would be attributable to the laws of trade, which would then govern, and not to the banks, which would then be subject to those laws. The government of the United States would not only have provided an important " regulation of com- merce with foreign nations among the several States," but would be able to perform those other functions to which a sound currency is essential. To you, sir, I respectfully submit these views of the con- stitutionality and necessity of a national bank, and of such an organization as would secure its usefulness and deny it the means of injury. If any doubt of the power of Congress to create such a bank could be reasonably indulged, after the construction given the constitution at the origin of the government, and the repeated decisions of the Supreme Court of the United States, whose province it is to decide all questions arising 24 under it ; our late experience would settle the fact to which the constitution refers as the basis of this power, more clearly than in any former period of our history. That " all laws necessary or proper" for regulating the commerce might be made by Congress, is the express language of the constitu- tion. That a law establishing a national bank is of this de- scription, has of late become peculiarly manifest; every other expedient having failed. This is our only remaining hope. The people of the United States, bereft of employment, and appalled at the gloomy prospects of the country, are looking to Congress, imploring that relief which no other power can give. They pray, that not only the fiscal concerns of the treasury, but the business and commerce of the whole nation, may be restored to order ; that the people, as well as the government, may participate in a sound currency, and be enabled to discharge the duties which they reciprocally owe. They wish means to be applied which are safe, plain, and practical which present no new experiment, but are built on well known principles, embracing the guards and securi- ties which experience commands that the enjoyment of the ample resources of the country, may renew their enter- prise and revive their hopes ; and they confidently trust that in this period of universal prostration and suffering, the inte- rests and wants of the country will exclude all party influence from our public councils. FRANKLIN. Avgnft, 1837. UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. Form L9-Series 444 UC SOUTHERN REGIONAL LIBRARY FACILITY A 000 020 526 THE LIBRARY UNIVERSITY OF CALIFORNIA LOS ANGELES